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H4. West View Ph 6 Final Plat
CITY OF KALISPELL REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: Final plat request: West View Estates Phase 6 MEETING DATE: December 4, 2023 Planning Department 201 lst Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalisnell.com/Manning BACKGROUND: Owl Corporation has submitted requests for final plat approval for both Westview Estates Phase 6 and Phase 7. Final plat for each phase is being requested as a separate action. Phase 6 is located within an R-3 (Residential) zoning district, with a total of 19 single-family lots on 10.283 acres of land including the lots, streets, and park/common area. The City Council approved the preliminary plat with 26 conditions on June 21, 2021 (Resolution 6030). 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 for both Phase 6 and Phase 7 in the amount of $23,150.00 secured by an irrevocable letter of credit is included for the Council's consideration. Additionally, cash -in -lieu of parkland in the amount of $54,000.00 covering both Phase 6 and Phase 7 was submitted by the applicant. RECOMMENDATION: It is recommended that the City Council approve the final plat for West View Estates Phase 6, as well as the subdivision improvement agreement and cash -in -lieu of parkland. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: November 22, 2023 Aimee Brunckhorst, Kalispell City Clerk CITY OF KALISPELL November 22, 2023 Doug Russell, City Manager City of Kalispell 201 lst Ave E Kalispell, MT 59901 Re: Final Plat request for West View Estates Phase 6 Dear Doug: Planning Department 201 1' Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Owl Corporation has submitted requests for final plat approval for both Westview Estates Phase 6 and Phase 7. Final plat for each phase is being requested as a separate action. Phase 6 is located within an R- 3 (Residential) zoning district, with a total of 19 single-family lots on 10.283 acres of land including the lots, streets, and park/common area. Phase 6 can be described as shown in the attached Exhibit A. The City Council approved the preliminary plat with 26 conditions on June 21, 2021 (Resolution 6030). 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 for both Phase 6 and Phase 7 in the amount of $23,150.00 secured by an irrevocable letter of credit is included for the Council's consideration. Additionally, cash -in -lieu of parkland in the amount of $54,000.00 covering both Phase 6 and Phase 7 was submitted by the applicant. COMPLIANCE WITH CONDITIONS OF APPROVAL The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. Staff Response: This condition has been met. The development has been in substantial compliance with the application, site plan, materials, specifications and conditions. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. Staff Response: This condition has been met. The preliminary plat was approved on June 21, 2021, and remains valid. 3. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. Staff Response: This condition has been met. The applicant provided letters from Public Works dated April 13, 2022, approving the plans as well as a letter from Public Works dated November 27, 2023, which noted that the new infrastructure had been accepted. 4. 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. Staff Response: This condition has been met. The applicant provided letters from Public Works dated April 13, 2022, approving the plans as well as a letter from Public Works dated November 27, 2023, which noted that the new infrastructure had been accepted. A stamped certification letter from Carver Engineering dated September 19, 2023, was submitted. 5. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. Staff Response: This condition has been met. The applicant provided letters from Public Works dated April 13, 2022, approving the water and sewer plans as well as letters from DEQ dated July 26, 2022, approving the plans. 6. Water and sewer mains within Sperry Way shall extend to the eastern property line of the subdivision adjacent to Stillwater Estates. Staff Response: This condition has been met. Public Works provided a letter dated November 27, 2023, which noted that the improvements were completed. 7. Any water rights associated with the property shall be transferred to the City of Kalispell prior to final plat. Staff Response: This condition has been met. Public Works provided a letter dated November 27, 2023, which noted that the water rights are in the process of being transferred. The documentation has been recorded with the Clerk and Recorder and submitted to DNRC for processing. 8. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. Staff Response: This condition has been met. The applicant provided letters from Public Works dated April 13, 2022, approving the plans as well as a letter from Public Works dated November 27, 2023, which noted that the new infrastructure had been accepted. A stamped certification letter from Carver Engineering dated September 19, 2023, was submitted. 9. 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 submitted copies of both the City of Kalispell and DEQ permits. 10. 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 November 27, 2023, letter from Public Works noted that it provided an acceptance letter dated October 16, 2023. 11. All easements and/or rights -of -way shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. Staff Response: This condition has been met. The November 27, 2023, letter from Public Works noted that it provided an acceptance letter dated October 16, 2023. 12. All streets within the subdivision will be constructed to the appropriate city standards for local streets detailed in the subdivision regulations and the City of Kalispell Standards for Design and Construction for local streets. Staff Response: This condition has been met. The applicant provided letters from Public Works dated April 13, 2022, approving the plans as well as a letter from Public Works dated November 27, 2023, which noted that the new infrastructure had been accepted. A stamped certification letter from Carver Engineering dated September 19, 2023, was submitted. 13. The construction of Sperry Way shall include frontage improvements for the full length of lots 1 and 34. Improvements would include, but not necessarily be limited to, curb, gutter, landscape boulevard, trees, street lights, sidewalks, and the paved driving surface. The north side of the street needs to include at least curb and gutter, with the additional improvements to be completed with the following phase. Staff Response: This condition has been met. The November 27, 2023, letter from Public Works notes that the improvements were completed. 14. The full frontage of Stillwater Road along Phase 7 shall be improved to collector standards per the subdivision regulations, transportation plan and the Standards for Design and Construction in conjunction with the development of Phase 7. The developer will be responsible for installing improvements on the east side of the road including, but not necessarily be limited to, curb, gutter, landscape boulevard, trees, street lights, and sidewalks. The developer is also responsible for widening both driving lanes to the applicable standard. Any additional right-of-way necessary for improvements shall be dedicated to the City. Staff Response: This condition has been met. The November 27, 2023, letter from Public Works notes that the improvements were completed and that the east half of Stillwater Road was dedicated to the city. 15. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to final plat and shall comply with the fire code. Staff Response: This condition has been met. The applicant submitted a letter dated October 23, 2023, from the Fire Department, approving the items. 16. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature Staff Response: This condition has been met. The note appears on the face of the plat. 17. 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 submitted a letter from USPS dated December 5, 2021, approving the mail delivery site. 18. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. Staff Response: This condition has been met. The applicant submitted a letter from the Parks Department dated August 14, 2023, approving the landscape plan. 19. A parks plan for the area designated as a park shall be approved by the Parks and Recreation Director. A minimum of 1.02 acres for both phases is required. The park shall meet the standards under Section 28.3.22 and the plan shall show that the parkland dedication requirement is met for each phase. The park and stormwater area will need to be redesigned in order to provide at least 1.02 acres of useable park land as provided in the regulations. A cash -in -lieu payment may be made pursuant to the subdivision regulations. Staff Response: This condition has been met. A cash -in -lieu payment of $54,000 was agreed upon and submitted to the City. A memo from the Parks Department dated August 2, 2023, was submitted showing that the amount had been paid. 20. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Staff Response: This condition has been met. The note appears on the face of the plat. 21. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a stormwater maintenance district. This district shall only be activated in the event that the property owner(s) default on the maintenance of the approved stormwater facilities. The taxes levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. Staff Response: This condition has been met. The note appears on the face of the plat. 22. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a Special Improvement District for roadway improvements in adjacent areas stating "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which will specifically benefit this subdivision." Staff Response: This condition has been met. The note appears on the face of the plat. 23. A homeowner's association (HOA) shall be formed and established to provide for the maintenance of all common areas and facilities. Staff Response: This condition has been met. A copy of the covenants was submitted which included provisions for common areas and facilities. 24. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. Staff Response: This condition has been met. The November 27, 2023, letter from Public Works noted that the minimum amount of infrastructure had been completed. 25. All utilities shall be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. Staff Response: This condition has been met. The November 27, 2023, letter from Public Works noted that the utilities as approved and constructed meet this standard. 26. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition has been met. The compliance letter from the applicant noted the condition was complied with. 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 R-3 zoning for the property. RECOMMENDATION: It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. It is recommended that the Kalispell City Council approve the final plat, subdivision improvement agreement, and cash -in -lieu of parkland for West View Estates Phase 6. Attachments: - Mylars of each final plat - Copy of final plats - Subdivision Improvement Agreement and Engineers Estimate - Applicant responses and final plat application - First American Title Insurance Guarantee 5010500-1098471-FT dated 10/16/23 - First American Title Insurance Guarantee 5010500-1098476-FT dated 10/16/23 - Flathead County tax certifications dated 11/7/23 - Letters from Public Works dated 4/13/22, 7/13/22, 10/16/23, and 11/27/23 - DEQ letters dated 12/12/22, 4/22/22, and 7/26/22 - Parks letter dated 8/14/23 - Park memo re: cash -in -lieu dated 8/2/23 - Fire Dept letter dated 10/25/23 - USPS letter dated 12/5/21 - Infrastructure certification dated 9/19/23 - Water rights deed - CCRs c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: Sands Surveying 2 Village Loop Kalispell, MT 59901 EXHIBIT A WEST VIEW ESTATES, PHASE 6: A TRACT OF LAND, SITUATED, LYING AND BEING IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at the northeast corner of West View Estates, Phase 2 (records of Flathead County, Montana) which is a found iron pin; Thence S89°59'11"W 647.89 feet to a found iron pin on the westerly R/W of a 60 foot city street known as Gucci Way as shown hereon; Thence along said R/W and the northerly extension thereof NORTH 310.00 feet to a set iron pin; Thence WEST 78.38 feet to a set iron pin; Thence N48°43'25"W 99.80 feet to a set iron pin; Thence WEST 196.06 feet to a found iron pin; Thence N00°06'41 "W 250.35 feet to a found iron pin on the southerly R/W of a 60 foot emergency secondary ingress and egress easement as shown hereon; Thence along said R/W N89°59' 11 "E 345.65 feet to a set iron pin; Thence leaving said R/W SOUTH 141.67 feet to a set iron pin; Thence EAST 110.00 feet to a set iron pin; Thence S74°18'14"E 213.14 feet to a set iron pin; Thence N22002'09"E 71.27 feet to a set iron pin; Thence NORTH 139.76 feet to a set iron pin on the northerly R/W of a 60 foot city street known as Dragon Fire Avenue as shown hereon; Thence along said R/W EAST 310.45 feet; Thence leaving said R/W S00001'12"W 632.60 feet to the point of beginning and containing 10.283 ACRES; Subject to and together with a 60 foot emergency secondary ingress and egress easement per Doc. 200110716080 and as shown hereon; Subject to and together with 60 foot city streets known as Gucci Way, Lumberjack Place, Junebug Court, and Dragon Fire Avenue as shown hereon; Subject to and together with 10 foot utility easements and 10 foot utility and sidewalk easements as shown hereon; Subject to and together with all appurtenant easements of record. syi5 opj mm H �yaaT N �� na �c�i°n.a Sh -ii�do a1N m�wy �� a @'3'm��z o+�nbv y �o b y�° y is zoy S", O a b- ° o o w "oo °fig b� go ai ''A e � ya_ po N� x m� �e 2 t� cR F W a a N vl crxrr �� crxrr "Y h n a FAY L ON 2. _ mod,,,, r�.��p' 8 �,` I Y $ ��a w � I rmRTN ]s .TR C. Eli l a 3x I OR l k' eE` m b 3 IE' z Sao 3 tl IN N � $v qm ''�narot •]av as �; ;� '$mm�+'°�u`rovmu`ne�`,oiNg m S h y°. gysdm S A o9�m�`u$:mmm��%m��Am o O O O 0e " w `�' ° 00000000000000000 SUBDIVISION IMPROVEMENT AGREEivIENT WEST VIEW ESTATES, PHASES 6 & 7 THIS ACREEilYIENT, made and entered into this dayof , 2023 , by and between CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and Owl Corporation, a Corporation located at 500 Palmer Drive, Kalispell, MT 5990 L, Party ofthe Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as WEST VIEW ESTATES, PHASES 6 & 7, located in the NW 114, SW 114 of Section 25, Township 29N, Range 22W, Flathead County, Montana; and, WHEREAS, the County has conditioned its' approval of the final plat of WEST VIEW ESTATES, PHASES 6 & 7 subdivision, upon the conditions as set forth in the Preliminary Plat of the Subdivision being 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 professional engineer included herewith as Exhibit 'B"; and, WHEREAS, the estimated total cost of construction improvements to be bonded for is the sum of $ 18,520 NOW THEREFORE, inconsideration 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 County a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $ 23,150.00 . Said Letter of Credit or other collateral shall have: an expiration date of at least sixty (60) days Following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the aim of $ 23,150.0 , which represents L25% of the estimated cost of completing the required improvements in West View Estates, Phases 6 & 7 9ibdivision. 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 necessity to finance the completion of those improvements up to the limit of credit stated in the Letter of Credit; 2. That said required improvements shall be fully completed by August 30,_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; West View Estates, Phases 6 & 7 Subdivision Improvement Agreement Page t of 3 b. That the improvements are incompliance 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' ctual 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 tiled 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 plans and 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 plans and specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. I f the City determines that the Developer will not construct any or all ofthe improvements in accordance with the plans and specifications, or within the required time limit(s), it may withdraw the collateral and employ such funds as may be necessary to constrict the improvement(s) in accordance with the plans and specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. West View Estates, Phases b & 7 Subdivision Improvement Agreement Page Z of 3 IN WITNESS WHEREOF, the Parties to this agreement have hereunder set their hands and seats the day and year herein before written. OWL CORPORATION By: -'15:�Zlllz , (Title) STATE OF NIONTANA COUNTY OF FLATI-IEAD On this 4�dayof QqA3A2023, before me, a Notary Public for the State of Montana, personally appeared Qom, �, Qom, known to me to be the of ©wl fl � s , whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal this day and year first above written. HANNAH HEAD NOTARY PUBLIC for the State of Montana OEA Residing at Kila, Montana My Commission Expires December 18, 2025 f Otc Public for the Stateof Montana Res ing-at /IJ tNV404mission E.�Pires f MAYOR, CITY OF K.UISPELL ATTEST: Mayor City of Kalispell Clerk In West View Estates, Phases b &7 Subdivision Improvement Ag-reement Page 3 of') City Cleric W w LLI o o - o a 0 o 0 0 0 0 0 0 0 0 0 o 0 c 0 o 0 o 0 a o a a o e a a o Q a LL O O O O 0 O a)O CDO 0 0 O O 0 O c O CL 0 0 0 '^- 0 r 0 0 0 0 a 0 0 0 r- 0 r 0 — 0 0 ra 0 0 i+7 0 I- N U a Q UJ 0 . cn a a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 uj r W W N V c7 M M O O 0 NCO O t() f- m N V' O O O N in M tf h � O 0 u'7 M cO cD to M (; I� 0 U1 m O f-- f-- c? 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LL. mm xx0 z rWdO� ?w Uao oao L.0a. ¢�-�r- �-z� �C)g z �JO�o �W z z z z d d Q i s � x 3 x x L)= Z z o�= �,~�LU �gg000g 0 W 0 -Og zg0g0g U z��Q� OLU � 08 a OQ MO LU 0 �O� LL a F w D CL 0 2 LLI uu 0 a -3:U ) �d N N O N O cz w W in uu F- a. LU Go O uu J a m 0 U LU In 0 H LY }O J a uu a uS m } x ul m G�� SANDS SURVEYING, INC. 2 Village Loop Road Kalispell, MT 59901 406-755-6481 Fax 406-755-6488 October 19, 2023 City of Kalispell Planning Department 201 1"Avenue East Kalispell, MT 59901 RE: Final Plat submittal for West View Estates, Phase 6 & 7. Dear Planning Office: This cover letter is intended to give an overview of the conditions of approval and the supporting documentation for meeting the conditions for West View Estates Phase 6 & 7. The Kalispell City Council granted preliminary plat approval of the subdivision on May 5, 2003 and granted a one year in 2006. The City Council granted Final Plat of Phase 1 and 2 on August 21, 2006. Phase 3 was filed in 2008. Owl View Subdivision (A Phase of West View Estates) received final plat approval in 2018. Phase 4 received final plat approval on February 18, 2020 which gives Phase 5 until February 18, 2022 to reach final plat approval. The applicant is submitting a single SIA for the two phases. The applicant is providing a letter of credit for phase. All that remain are the street trees and the "As Builts" meaning 99% of the work is complete. The letter of credit is for $23,150.00 which is 125% of the remaining improvements. Preliminary Plat Conditions Condition #1: That the development of the subdivision 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. This condition is met. The final plat conforms to the preliminary plat approved by the City Council. Condition #2: The preliminary approval shall be valid three years from date of approval. This condition is met. The plat of West View Phase 6 and 7 expires on June 21, 2024. Condition #3: New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. This condition is met. See four letters from Kalispell Public Works (Patrick Jentz, PE and Keith Haskins, PE) dated April 13, 2022 Condition #4: Water and sewer main extension shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city's facilities update and extensions of services plan. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certificate shall be submitted to the public works Department stating that the water and sewer mains have been built and tested as designed and approved. This condition is met. See four letters from Kalispell Public Works (Patrick Jentz, PE and Keith Haskins, PE) dated April 13, 2022. Also see letter from Carver Engineering, Tom Cowan, PE, certifying the infrastructure dated 9/19/23 Condition #5: The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. This condition is met. See Kalispell Public Works approvals dated April 13, 2022 and MDEQ approval EQ422-2390 (Phase 6) and EQ#22-2391 (Phase 7). Condition 46: Water and sewer mains within Sperry Way shall extend to the eastern property line of the subdivision adjacent to Stillwater Estates. This condition is met. Condition #7 Any water rights associated with the property shall be transferred to the City of Kalispell prior to final plat. According to the DN-RC water rights query system, there are no water rights associated with this property or geocode 07407725201100000, Condition #8: The developer shall submit to the Kalispell Public Works Department for review and approval of a stormwater 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. This condition is met. See letters from Kalispell Public Works approving infrastructure including Stormwater infrastructure. Condition 49: 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 from the stormwater discharge associated with construction activities. This condition is met. See letter from Kalispell Public Works approving all infrastructure plan including erosion/sediment control Condition #10: Prior to final plat, a letter from the 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 This condition is met. See letter from Kalispell Public Works (10/16/23) Condition 411: All easements and/or rights -of -way shall be indicated on the face of the final plat Utility easements for the City Water and sewer shall be provided to allow for the Logical extension of utilities from the 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. This condition is met. See letter from Kalispell Public Works approving easements (10/16/23). Condition #12: All streets within the subdivision will be constructed to the appropriate city standards for local streets detailed in the subdivision regulations and the City of Kalispell Standards for Design and Construction for local streets. This condition is met. See certification letter from Carver Engineering dated 9/19/23 Condition #13: The construction of Sperry Way shall include frontage improvements for the full length of Lots 1 and 34. Improvements would include, but not necessarily be limited to, curb, gutter, landscape boulevard, trees, street lights, sidewalks, and the paved driving surface. The north side of the street needs to include at least curb and gutter, with the additional improvements to be completed with the following phase This condition is met. See certification letter from Carver Engineering dated 9/19/23. Condition # 14: The full frontage of Stillwater Road along Phase 7 shall be improved to collector standards per the subdivision regulations, transportation plan and the Standards for Design and Construction in conjunction with the development of Phase 7. The developer will be responsible for installing improvements on the east side of the road including , but not limited curb, gutter, landscape boulevard, trees, street lights, and sidewalks. The developer is also responsible for widening both driving lanes to the applicable standard. Any additional right-of-way necessary for improvements shall be dedicated to the City This condition is met. All improvements fit within the existing 60-foot road easement so additional right-of-way was not needed. Completion of the road system is included in the SIA. Condition #15: A letter from the Kalispell Eire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to final plat. This condition is met. See email from Kalispell Fire Chief Dan Pearce approving access, hydrant placement and flows. Condition #16: The following statement shall appear on the final plat: "That undersigned hereby grants unto each and every person, firm, or corporation, whether public of private, providing or offering to provide telephone, telegraph, electrical 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 This condition is met. The statement appears on the face of the final plat. Condition 917: Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved 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 main delivery sire 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 This condition is met. See letter from LISPS Condition #18: A letter shall be obtained from the Kalispell Parks and Recreation Direction approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for the installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. This condition is met. See letter from Parks dated 8/14/23. In addition, the street tree and boulevards are covered in the SIA's for each phase along with the appropriate bonding. Condition #19. A parks plan for the area designated as a park shall be approved by the Parks and Recreation Director. A minimum of 1.02 acres for both phases is required. The park shall meet the standards under Section 28.3.22 and the plan shall show that the parkland dedication requirement is met for each phase. The park and stormwater area will need to be redesigned in order to provide at least 1.02 acre of usable park land as provided in the regulations. A cash -in -lieu payment may be made pursuant to the subdivision regulations. This condition is met. The applicant is providing cash -in -lieu of parkland, Porter Appraisal provided an appraise of unsubdivided/undeveloped land as required in the Kalispell Subdivision Regulations. The Report gives a value of the 42.5 acres at $2,250,000 or $52,941.17 an acre. The cash equivalent of 1.02 acres is $54,000,00. The applicant has provided the City a check for the cash -in -lieu amount. See email from Chad Fincher confirming that the cash -in -lieu has been received by the parks department Condition #20: A note shall be placed on the final plat indicating a waiver of the right to protest creation of a parks maintenance district. This district shall only be activated in the event that the property owner's 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. This condition is met. The note appears on the face of the final plat. Condition #21. 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 owners default on the maintenance of the approved stormwater facilities. The assessment levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. This condition is met. The note appears on the face of the final plat. Condition #22: A note shall be placed on the final plat indicating a waiver of the right to protest creation of a Special Improvements District for roadway improvements in adjacent areas stating, "The owners herby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which will specifically benefit this subdivision." This condition is met. The note appears on the face of the final plat. Condition #23: A homeowners association (HOA) shall be formed and established to provide for the maintenance of all common areas and facilities. This condition is met. See attached CC&R's Condition #24: A minimum of two thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal This condition is met. The attached SIA's indicate that 93% of the improvements are in for Phase 6 and 89% of the improvements are in for Phase 7. Condition #25: All utilities shall be installed underground and in location that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. This condition is met. All new utilities are underground. Condition #26: All areas disturbed during development shall be revegetated with a weed -free mix immediately after development. This condition is met, A title report is included with this application. Taxes are paid in full. Should you have any questions regarding this final plat application, please contact me at 755-6481. Sincerely, 4•I - H a,9 Eric H. Mulcahy, AICP Sands Surveying Inc. Attachments: City of Kalispell Final Plat Application, Phase 6 City of Kalispell Final Plat Application, Phase 7 SIA for Phase 6 & 7 LOC for Phase 6 and 7- $23,150.00 Letter Kalispell Public Works Department, Phase 6, Jentz (4/13/2022) Letter — Kalispell Public Works Department, Phase 7, Jentz (4/13/2022) Letter — Kalispell Public Works Department Will Serve Phase 6, Haskins (4/13/2022) Letter — Kalispell Public Works Department Will Serve Phase 7, Haskins (4/13/2022) Letter -Carver Engineering certifying the infrastructure (9/19/23) Letter — Kalispell Public Works Department Acceptance and Approval of Easements for Phase 6 Letter — Kalispell Public Works Department Acceptance and Approval of Easements for Phase 7 Email — Kalispell Fire Department (6/9/2022) Letter— USPS (12/5/21) Email -- from Chad Fincher stating that the cash -in -lieu payment has been received Letter — Kalispell Parks and Recreation Department - Trees(8/14/23) MDEQ MFE, Phase 6 EQ#22-2390 (4/22/22) MDEQ MFE, Phase 7 EQ422-2391 (4/22/22) Phase 6 MDEQ Sewer and Water Extension EQ#22-2082 (7/26/22) Phase 7 MDEQ Sewer and Water Extension EQ#22-2082 (7/26/22) CC&R's West View Estates Phase 6 & 7 Title Report for Phase 6 (Guarantee # 5010500-1098471-FT, Date 6/7/23) Title Report for Phase 7 (Guarantee # 5010500-1098476-FT, Date 6/6/23) Tax Certification Phase 6 & 7 Development Services crrY oN Department IK:AILISPEILIL 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 FINAL PLAT Email: Planninq(8k@lisoell.com Website: www.kalispell.com Project Name Property Address West View Estates Phase 6 See Plat NAME OF APPLICANT Applicant Phone Owl Corp., Attn: Mark Owens (406)752-5666 Applicant Address City, State, Zip 115 Taelor Rd. Kalispell, MT 59901 Applicant Email Address mark@owicorpmt.eom and gaylon@owlcorpmt.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Owner Phone Sarre Owner Address City, State, Zip Owner Email Address CONSULTANT (ARCH ITECTIENGIN EER) Phone Carver Engineering, Inc. Attn: Tom Cowan (406)257-6202 Address City, State, Zip 1995 Third Ave East Kalispell, MT 59901 Email Address chappie@carverang.com POINT OF CONTACT FOR REVIEW COMMENTS Phone Sands Surveying, Inc, Attn: Eric Mulcahy (406) 755-6481 Address City, State, Zip 2 Village Loop Kalispell, MT 59901 Email Address eric@sandssurveying.com List ALL owners (any individual or other entity with an ownership interest in the property): Legal Description (please attach a full legal description for the property and a copy of the most recent deed). t V—er-" -E C'a0t*i Y 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 e-FICY CW Department ]KAILISPEILIL 201Phone (406) 758 East 4 Kalispell, MT 59901 Phone [4061 75&-T940 1. Date of Preliminary Plat Approval June 21, 2021 2. Type of Subdivision: Residential IndustrialD CommerciaiEl PUCE OtherE 3. Total number of lots in Subdivision: 19lots 4. Land in Project (acres) 10283 S. Cash -in -lieu $ 5. Parkland (acres) nfa 7. Exempt no 8. Number of lots by type: Single Family tg Multi -Family Commercial/Industrial Mobile Home RV Park Townhouse (sublots) Other INSTRUCTIONS FOR FINAL PLAT 4. 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 x Title Report (Original, not more than 90 days old) x Tax Certification (Property Taxes must be paid) x Consent(s) to Plat (Originals and notarized) x Subdivision Improvement Agreement (Attach signed original & collateral) x Parkland Cash -in -lieu (Check attached) x Water rights transfer x Copy of CCR's x Plats (2 mylars & 1 electronic copy) - other attachments required per appendix D of subdivision regulations x I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and development process. to /Z3 Applie t Signature Date Development Services CI I'Y off Department IK:AILISPEILL Phone 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 FINAL PLAT Email: planninci@kalispeli.com Website: www.kalispell.com Project Name Property Address West View Estates Phase 7 See Plat NAME OF APPLICANT Applicant Phone Owl Corp., Attn: Mark Owens (406)752-5666 Applicant Address City, State, Zip 115 Taelor Rd. Kalispell, MT 59901 Applicant Email Address mark@owlcorpmt.com and gaylon@owlcorpmt.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application.. OWNER OF RECORD Owner Phone Same Owner Address City, State, Zip Owner Email Address CONSULTANT (ARCH TECTIENGIN EER) Phone Carver Engineering, Inc. Attn: Tom Cowan 1(406)257-6202 Address City, State, Zip 1995 Third Ave East Kalispell, MT 59901 Emall Address r,happie@carvereng.com POINT OF CONTACT FOR REVIEW COMMENTS Phone Sands Surveying, Inc, Attn: Eric Mulcahy 1(406) 755-6481 Address City, State, Zip 2 Village Loop Kalispell, MT 59901 Email Address eric@sandssurveying.com List ALL owners (any individual or other entity with an ownership interest in the property): Legal Description (please attach a full legal description for the property and a copy of the most recent deed). . 4 . 6,-i.i- 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 ct rr a� Department 2911st Avenue East AILISPEILIL Kalispell, MT 59901 Phone (406) 758-794-7940 1. Date of Preliminary Plat Approval ,rune 21, 2021 2. Type of Subdivision: Residential Industrial commercial❑ PUCF� OtherLJ 3. Total number of lots in Subdivision: 15 ions 4. Land in Project (acres) 5.695 ac 6. Cash -in -lieu $ S. Parkland (acres) n!a 7. Exempt no 8. Number of lots by type: Single Family 15 Multi -Family Commercial/Industrial Mobile Nome 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 x Title Report (Onginai, not more than 90 days old) x Tax Certification (Property Taxes must be paid) X Consent(s) to Plat (Originals and notarized) x Subdivision Improvement Agreement (Attach signed original & collateral) x Parkland Cash-hAeu (Check attached) x Water rights transfer X Copy of CCR's X Plats (2 mylars & 1 electronic copy) - other attachments required per appendix D of subdivision regulations x 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 base+ thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be present on the property for routine monitoring and inspection during the approval and development process. lCh W 23 Applic _ t Signature Date GUARANTEE Issued by Insured Titles 44 41h Street West/P- O- Box 188, Kalispell MT 59901 Title Officer-- Sheri Smith Phone: (406)755-5028 FAX-- (406)755-3299 File No. 1098471-FT Cover Pa e FS� PM E0, CF 4 FirstAmerican Title" Form 5010500 (7-1-14) Guarantee Number: 501055-1098471-FT Guarantee Face Page Issued By FIRST AMERICAN TITLE INSURANCE COMPANY FrrstAmerrcan Title First American Title Insurance Company 1 left I Gllmwe. President Greg L Sm h. Secretary This jacket was created electronically and constitutes an original document File No. 1098471-FT Page 2 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 2. 2. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee GUARANTEE CONDITIONS AND STIPULATIONS DEFINITION OF TERMS. The following terms when used in the Guarantee mean: (a) the "Assured": the parry or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice 3. NO DUTY TO DEFEND OR PROSECUTE. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED CLAIMANT TO COOPERATE. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of File No. 1098471-FT Page 3 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third parry, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosection of any litigation for which the Company has exercised its options under Paragraph 4. DETERMINATION AND EXTENT OF LIABILITY. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the File No. 1098471-FT Page 4 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) 8. 10. 11 Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. PAYMENT OF LOSS. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. SUBROGATION UPON PAYMENT OR SETTLEMENT. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. ARBITRATION. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, California 92707. Phone:888-632-1642. File No. 1098471-FT Page 5 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 Subdivision Guarantee IF FirstAmerican Title Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5010500-1098471-FT Subdivision or Proposed Subdivision: West View Estates, Phase 6 Order No.: 1098471-FT Reference No.: Fee: $150.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: Sands Surveying, Inc. FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: A TRACT OF LAND SITUATED, LYING AND BEING IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT THE NORTHEAST CORNER OF WEST VIEW ESTATES, PHASE 2 (RECORDS OF FLATHEAD COUNTY, MONTANA) WHICH IS A FOUND IRON PIN; THENCE S89°59'11"W 647.89 FEET TO A FOUND IRON PIN ON THE WESTERLY R/W OF A 60 FOOT CITY STREET KNOWN AS GUCCI WAY; THENCE ALONG SAID R/W AND THE NORTHERLY EXTENSION THEREOF NORTH 310.00 FEET TO A SET IRON PIN; THENCE WEST 78.38 FEET TO A SET IRON PIN; THENCE N48°43'25"W 99.80 FEET TO A SET IRON PIN; THENCE WEST 196.06 FEET TO A FOUND IRON PIN; THENCE N00°06'41"W 250.35 FEET TO A FOUND IRON PIN ON THE SOUTHERLY R/W OF A 60 FOOT EMERGENCY SECONDARY INGRESS AND EGRESS EASEMENT AS SHOWN HEREON; THENCE ALONG SAID R/W N89°59'11"E 345.65 FEET TO A SET IRON PIN; THENCE LEAVING SAID R/W SOUTH 141.67 FEET TO A SET IRON PIN; THENCE EAST 110.00 FEET TO A SET IRON PIN; THENCE S74°18'14"E 213.14 FEET TO A SET IRON PIN; THENCE N22002'09"E 71.27 FEET TO A SET IRON PIN; THENCE NORTH 139.76 FEET TO A SET IRON PIN ON THE NORTHERLY R/W OF A 60 FOOT CITY STREET KNOWN AS SPERRY WAY; THENCE ALONG SAID R/W EAST 310.45 FEET; THENCE LEAVING SAID R/W S00001'12"W 632.60 FEET TO THE POINT OF BEGINNING. (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: Owl Corporation File No. 1098471-FT Page 6 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 (B) Parties holding liens or encumbrances on the title to said lands are: (C) Easements, claims of easements and restriction agreements of record are: County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. 2. 2023 taxes and special assessments. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year First Half / Status Second Half / Status Parcel Number Covers 2023 $1,719.90 unpaid $1,719.89 unpaid 0006861 premises and other property 3. Easement for pipeline right of way granted to The Montana Power Company, recorded May 27, 1993 as Doc. No. 1993-147-10570. 4. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by Certificate of Survey No(s). 14318, 14332, 14891, 16138, and 17455, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 5. Easement for private road and utility granted to LHC, INC., recorded August 22, 2000 as Doc. No. 2000-235-16360. 6. Easement for a 60 foot wide secondary emergency ingress and egress road granted to Stillwater Estates, recorded April 17, 2001 Doc. No. 2001-107-16080. Terms and conditions of Easement and Agreement by and between Owl Corporation and Stillwater Estates, LLC., recorded August 1, 2003, as Doc. No. 2003-213-09000. 7. Terms and conditions of an easement granted to Brent E. Johnson and Janice R. Johnson for ingress and egress, recorded April 17, 2001, as Doc. No. 2001-107-16090. 8. Terms and conditions of an easement for existing irrigation lines and equipment granted to Brent E. Johnson and Janice R. Johnson, recorded April 17, 2001, as Doc. No. 2001-107-16100 and reserved in documents recorded April 17, 2001, as Doc. No. 2001-107-16130 and May 9, 2001, as Doc. No. 2001-129-16450. 9. An easement for existing pipeline granted to Brent E. Johnson and Janice R. Johnson, recorded April 17, 2001, as Doc. No. 2001-107-16110 and reserved in documents recorded April 17, 2001, as Doc. No. 2001-107-16130 and May 9, 2001, as Doc. No. 2001-129-16450. File No. 1098471-FT Page 7 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 10. Terms and conditions of an agreement by and between Vernon R. Johnson, Thelma M. Johnson, and Gaylon F. Owens, recorded April 17, 2001, as Doc. No. 2001-107-16120. An agreement for clarification of above mentioned document recorded June 4, 2004, as Doc. No. 2004-156-12330. 11. Road Maintenance Agreement upon the terms, conditions and provisions contained therein: Parties: Edward D. Catlett and Richard B. Hewitt and Judith A. Hewitt Recorded: January 23, 2002, as Doc. No. 2002-023-16410 12. Latecomers Agreement upon the terms, conditions and provisions contained therein: Parties: Owl Corporation and the City of Kalispell Recorded: May 5, 2006, Doc. No. 2006-125-09030 Amendment to Latecomers Agreement, recorded May 18, 2011, as Doc. No. 2011-000-10329. Memorandum of Understanding, recorded August 16, 2011, as Doc. No. 2011-000-16731. Second Amendment to and Clarification of Latecomer Agreement, recorded August 12, 2022, as Doc. No. 2022-000-21340. 13. Resolution No. 5129B for the Highway 93 North Growth Policy Amendment, recorded August 11, 2006, as Doc. No. 2006-223-08320. 14. Resolution No. 5167 regarding Annexation and Zoning, recorded December 18, 2006, as Doc. No. 2006-352-15490. 15. Petition to Annex and Notice of Withdrawal from Rural Fire District, recorded December 18, 2006, as Doc. No. 2006-352-15500. 16. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by the PROPOSED plat of said subdivision, to be recorded , but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(C). Date of Guarantee: October 16, 2023 at 7:30 A.M. By: Authorized Countersignature File No. 1098471-FT Page 8 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 GUARANTEE Issued by Insured Titles 44 41h Street West/P- O- Box 188, Kalispell MT 59901 Title Officer-- Sheri Smith Phone: (406)755-5028 FAX-- (406)755-3299 File No. 1098476-FT Cover Pa e FS� PM E0, CF 4 FirstAmerican Title" Form 5010500 (7-1-14) Guarantee Number: 501055-1098476-FT Guarantee Face Page Issued By FIRST AMERICAN TITLE INSURANCE COMPANY FrrstAmerrcan Title First American Title Insurance Company 1 left I Gllmwe. President Greg L Sm h. Secretary This jacket was created electronically and constitutes an original document File No. 1098476-FT Page 2 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 2. 2. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee GUARANTEE CONDITIONS AND STIPULATIONS DEFINITION OF TERMS. The following terms when used in the Guarantee mean: (a) the "Assured": the parry or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice 3. NO DUTY TO DEFEND OR PROSECUTE. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED CLAIMANT TO COOPERATE. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of File No. 1098476-FT Page 3 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third parry, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosection of any litigation for which the Company has exercised its options under Paragraph 4. DETERMINATION AND EXTENT OF LIABILITY. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the File No. 1098476-FT Page 4 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) 8. 10. 11 Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. PAYMENT OF LOSS. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. SUBROGATION UPON PAYMENT OR SETTLEMENT. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. ARBITRATION. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, California 92707. Phone:888-632-1642. File No. 1098476-FT Page 5 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 Subdivision Guarantee IF FirstAmerican Title Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5010500-1098476-FT Subdivision or Proposed Subdivision: West View Estates, Phase 7 Order No.: 1098476-FT Reference No.: Fee: $150.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: Sands Surveying, Inc. FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: A TRACT OF LAND, SITUATED, LYING AND BEING IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING AT THE SOUTHWEST CORNER OF WEST VIEW ESTATES, PHASE 6 (RECORDS OF FLATHEAD COUNTY, MONTANA) WHICH IS A FOUND IRON PIN; THENCE S89°59'11"W 679.94 FEET TO THE CENTERLINE OF A 60 FOOT COUNTY ROAD KNOWN AS STILLWATER ROAD; THENCE ALONG SAID CENTERLINE N00°05'49"W 375.91 FEET; THENCE LEAVING SAID CENTERLINE N89059'11"E 331.14 FEET TO A FOUND IRON PIN; THENCE EAST 196.06 FEET TO A FOUND IRON PIN; THENCE S48043'25"E 99.80 FEET TO A FOUND IRON PIN; THENCE EAST 78.38 FEET TO A FOUND IRON PIN; THENCE SOUTH 310.00 FEET TO THE POINT OF BEGINNING. (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: Owl Corporation (B) Parties holding liens or encumbrances on the title to said lands are: 2023 taxes and special assessments. File No. 1098476-FT Page 6 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year First Half / Status Second Half / Status Parcel Number Covers 2023 $1,719.90 unpaid $1,719.89 unpaid 0006861 premises and other property (C) Easements, claims of easements and restriction agreements of record are: County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. 3. Easement for pipeline right of way granted to The Montana Power Company, recorded May 27, 1993 as Doc. No. 1993-147-10570. 4. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by Certificate of Survey No(s). 14318, 14332, 14891, 16138, and 17455, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 5. Easement for private road and utility granted to LHC, INC., recorded August 22, 2000 as Doc. No. 2000-235-16360. 6. Easement for a 60 foot wide secondary emergency ingress and egress road granted to Stillwater Estates, recorded April 17, 2001 Doc. No. 2001-107-16080. Terms and conditions of Easement and Agreement by and between Owl Corporation and Stillwater Estates, LLC., recorded August 1, 2003, as Doc. No. 2003-213-09000. 7. Terms and conditions of an easement granted to Brent E. Johnson and Janice R. Johnson for ingress and egress, recorded April 17, 2001, as Doc. No. 2001-107-16090. 8. Terms and conditions of an easement for existing irrigation lines and equipment granted to Brent E. Johnson and Janice R. Johnson, recorded April 17, 2001, as Doc. No. 2001-107-16100 and reserved in documents recorded April 17, 2001, as Doc. No. 2001-107-16130 and May 9, 2001, as Doc. No. 2001-129-16450. 9. An easement for existing pipeline granted to Brent E. Johnson and Janice R. Johnson, recorded April 17, 2001, as Doc. No. 2001-107-16110 and reserved in documents recorded April 17, 2001, as Doc. No. 2001-107-16130 and May 9, 2001, as Doc. No. 2001-129-16450. 10. Terms and conditions of an agreement by and between Vernon R. Johnson, Thelma M. Johnson, and Gaylon F. Owens, recorded April 17, 2001, as Doc. No. 2001-107-16120. An agreement for clarification of above mentioned document recorded June 4, 2004, as Doc. No. 2004-156-12330. File No. 1098476-FT Page 7 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 11. Road Maintenance Agreement upon the terms, conditions and provisions contained therein: Parties: Edward D. Catlett and Richard B. Hewitt and Judith A. Hewitt Recorded: January 23, 2002, as Doc. No. 2002-023-16410 12. Latecomers Agreement upon the terms, conditions and provisions contained therein: Parties: Owl Corporation and the City of Kalispell Recorded: May 5, 2006, Doc. No. 2006-125-09030 Amendment to Latecomers Agreement, recorded May 18, 2011, as Doc. No. 2011-000-10329. Memorandum of Understanding, recorded August 16, 2011, as Doc. No. 2011-000-16731. Second Amendment to and Clarification of Latecomer Agreement, recorded August 12, 2022, as Doc. No. 2022-000-21340. 13. Resolution No. 5129B for the Highway 93 North Growth Policy Amendment, recorded August 11, 2006, as Doc. No. 2006-223-08320. 14. Resolution No. 5167 regarding Annexation and Zoning, recorded December 18, 2006, as Doc. No. 2006-352-15490. 15. Petition to Annex and Notice of Withdrawal from Rural Fire District, recorded December 18, 2006, as Doc. No. 2006-352-15500. 16. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by the PROPOSED plat of said subdivision, to be recorded , but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(C). Date of Guarantee: October 16, 2023 at 7:30 A.M. r By: Authorized Countersignature File No. 1098476-FT Page 8 of 8 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 Plat Room Flathead County, Montana 800 S. Main St.. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY- Sands FOR, Owl Corporation DATE : 6/5/2023 DESCP : West View Estates Ph 7 PURPOSE, Subdivsion Ptn Tr 5 25-29-22 YEARS ASSESSOR # 2020 thru 2022 2023 0006861 0006861 Updated 11I612023 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. Deputy Treasurer (seal) Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: Sands FOR: Owl Corporation DATE: 6/5/2023 DESCP : West View Estates Ph 6 PURPOSE: Subdivsion Ptn Tr 5 25-29-22 YEARS ASSESSOR # 2020 thru 2022 0006861 0006861 Updated 11/6/2023 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. NOV 0 l 2023 Deputy Treasurer (seal) CITY OF KALISPELL August 14, 2023 Kalispell Planning Department Attn: PJ Sorenson P.O. Box 1997 Kalispell, MT 59901 Phone: (406) 758-7932 Re: Westview Phases 6 & 7 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 for Westview Phases 6 & 7 per designs submitted by Owl Corporation. 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 Westview Phases 6 & 7. The bond may not be longer than a period of 12 months. Trees should conform to the American Standard for Nursery Stock (ANSI Z60.1). Tree plantings are required to meet the Street Tree Ordinance standards of 2 1/4" 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 shall obtain a tree planting permit through the Parks and Recreation Department. 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, Fred Bicha, Parks Superintendent Kalispell Parks and Recreation CITY OF KALISPELL REPORT TO: FROM: SUBJECT: DATE: RE: Julie, Julie Hawes, Treasurer Chad Fincher, Director Westview Estates Phase 6 & 7 August 2, 2023 Kalispell Parks & Recreation 306 1st Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7715 Fax (406) 758-7719 Westview Estates Phase 6 & 7 — Parks in Lieu Funds Attached is a check for Parks in Lieu funds for Owl Corporations Westview Estates Phases 6 &7. These funds are to go towards future improvements at Northridge, KYAC. The cash in lieu payment was agreed to on July 27, 2023, due to their original dedication not meeting our park standards. KALISPELL FIRE DEPARTMENT Dan Pearce — Fire Chief PO Box 1997 Jessica Kinzer Assistant Chief 312 First AvenUc East Cee Lee — Fire secretary Kalispell, Montana 59901 Phone: (406) 758-7760 FAX (406) 758-7777 Re: West View Estates Phases 6 & 7 Fire Hydrant Locations October 25, 2023 Upon review of the Fire Hydrant Exhibit plan submitted to Kalispell Fire Department for West View Estates Phases 6 & 7 (Carver Engineering project number 63246.10, record drawing date of revision March 30,2022), 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 site layout. Daniel Pearce Fire Chief City of Kalispell "Proteefing our communitl, with the highest level ofprofessiontdism." CITY r.0001111111�. KALISPELL October 16, 2023 Tom Cowan, PE Carver Engineering 1995 3rd Ave. East Kalispell, MT 59901 Re: West View Estates PH 6 Dear Mr. Cowan, The Final Plat for West View Estates PH 6 dated (October 11, 2023) has been reviewed by the Department of Public Works to ensure conformance with the City of Kalispell Design and Construction Standards for required easements and right-of-ways. All required easements and right-of-ways have been determined to be acceptable. Condition 11 of the Preliminary Plat conditions is hereby deemed satisfied. Additionally, all public infrastructure constructed for the West View Estates Phase 6 Subdivision and proposed to be transferred to the City of Kalispell has been designed and constructed in accordance with MDEQ and City Design and Construction Standards, has been tested and certified by a Montana licensed Professional Engineer, and is considered accepted by the City of Kalispell. Condition 10 of the Preliminary Plat conditions is hereby deemed satisfied. Sincerely, f J-W—hl;14C Patrick Jentz, PE Engineer 3 Cc: PJ Sorensen — Senior Planner Keith Haskins — Deputy Public Works Director/City Engineer 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 CITY r.0001111111�. KALISPELL October 16, 2023 Tom Cowan, PE Carver Engineering 1995 3rd Ave. East Kalispell, MT 59901 Re: West View Estates PH 7 Dear Mr. Cowan, The Final Plat for West View Estates PH 7 dated (October 11, 2023) has been reviewed by the Department of Public Works to ensure conformance with the City of Kalispell Design and Construction Standards for required easements and right-of-ways. All required easements and right-of-ways have been determined to be acceptable. Condition 11 of the Preliminary Plat conditions is hereby deemed satisfied. Additionally, all public infrastructure constructed for the West View Estates Phase 6 Subdivision and proposed to be transferred to the City of Kalispell has been designed and constructed in accordance with MDEQ and City Design and Construction Standards, has been tested and certified by a Montana licensed Professional Engineer, and is considered accepted by the City of Kalispell. Condition 10 of the Preliminary Plat conditions is hereby deemed satisfied. Sincerely, f J-W—hl;14C Patrick Jentz, PE Engineer 3 Cc: PJ Sorensen — Senior Planner Keith Haskins — Deputy Public Works Director/City Engineer 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 CITY r.0001111111�. KALISPELL November 27, 2023 Tom Cowan, PE Project Engineer Carver Engineering 1995 3rd Avenue East Kalispell, MT 59901 Re: Final Plat Conditions for West View Estates PH 6 & 7 Dear Mr. Cowan, The purpose of this letter is to address the Public Works related conditions required prior to Final Plat as referenced in the conditions of Preliminary Plat described in Resolution No 6030. The following conditions require Public Works approval and appear to be applicable to the Final Plat of Phases 6&7 of the West View Estates Subdivision. Condition 3: "New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City ofKalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include, but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. The new infrastructure was accepted by the City on October 16, 2023 . Condition 3 of the preliminary plat conditions shall hereby be considered satisfied. Condition 4: "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 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. " See comment for Condition 3. A certification letter for the water and sewer mains was provided by Tom Cowan (engineer of record for the project) on September 19, 2023. Condition 4 of the preliminary plat conditions shall hereby be considered satisfied. 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 Condition 5: The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department andMontana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. Plans and specifications were concurrently submitted to the Kalispell Department of Public Works and the Montana Department of Environmental Quality in accordance with the Standards for Design and Construction. City approval was obtained on April 13, 2022. MDEQ approval was obtained on July 26, 2022. Both approvals were received prior to commencement of construction. Condition 5 of the preliminary plat conditions shall hereby be considered satisfied. Condition 6: Water andsewer mains within Sperry Way shall extend to the eastern property line of the subdivision adjacent to Stillwater Estates. These improvements were completed with this project. Condition 6 of the preliminary plat conditions shall hereby be considered satisfied. Condition 7: Any water rights associated with the property shall be transferred to the City of Kalispell prior to final plat. Water rights associated with this property are in the process of being transferred to the City Condition 7 of the preliminary plat conditions shall hereby be considered satisfied with the understanding that if anything comes up in the transfer process, it will be worked through by the developer to complete the water rights transfer. Condition 8: The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. A stormwater report was reviewed in correspondence with City of Kalispell Standards for Design and Construction and was approved by Public Works on April 13, 2022. Condition 8 of the preliminary plat conditions shall hereby be considered satisfied. Page 2 of 5 Condition 9: 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. City of Kalispell Construction Stormwater Permit SW21-0225 and MDEQ SWPPP Permit MTR109128 were approved and issued for construction activities. Condition 9 of the preliminary plat conditions shall hereby be considered satisfied. Condition 10: 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. A letter accepting the public works infrastructure for West View Estates PH 6&7 was sent on October 16, 2023. Condition 10 of the preliminary plat conditions shall hereby be considered satisfied. Condition 11: All easements and/or rights -of -way shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. A letter accepting the easements and right of ways for West View Estates PH 6&7 was sent on October 16, 2023. Condition 11 of the preliminary plat conditions shall hereby be considered satisfied. Condition 12: All streets within the subdivision will be constructed to the appropriate city standards for local streets detailed in the subdivision regulations and the City ofKalispell Standards for Design and Construction for local streets. All streets were built according to the approved plans. Condition 12 of the preliminary plat conditions shall hereby be considered satisfied. Page 3 of 5 Condition 13: The construction of Y ilyWayshallincludefrontageimprovementsforthefulllength of lots /and 34. Improvements would include, but not necessarily be limited to, curb, gutter, landscape boulevard, trees, street lights, sidewalks, and the paved driving surface. The north side ofthe streetneeds to include atleastcurb andgutter, with the additional improvements to be completed with the followingphase. Improvements were completed per the approved plans. Condition 13 of the preliminary plat conditions shall hereby be considered satisfied. Condition 14: The full frontage of Stillwater Road along Phase 7shall be improved to collector standards per the subdivision regulations, transportation plan and the Standards for Design and Construction in conjunction with the development of Phase 7. The developer will be responsible for installing improvements on the east side of the road including, but not necessarily be limited to, curb, gutter, landscape boulevard, trees, street lights, and sidewalks. The developer is also responsible for widening both driving lanes to the applicable standard. Any additional right-of- way necessary for improvements shall be dedicated to the City. Improvements were completed per the approved plans and right-of-way for the east half of Stillwater Road was dedicated to the City. Condition 14 of the preliminary plat conditions shall hereby be considered satisfied. Condition 24: A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final platsubmittal. A letter accepting the public works infrastructure for West View Estates PH 6&7 was sent on October 16, 2023. Condition 24 of the preliminary plat conditions shall hereby be considered satisfied. Page 4 of 5 Condition 25: All utilities shall be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. This note appears on the face of the first page of the final plat. Additionally, all plans reviewed and approved included only underground utilities, and onsite construction inspection has included only underground utilities. Condition 25 of the preliminary plat conditions shall hereby be considered satisfied. Sincerely, Patrick Jentz, PE Engineer 3 CC: PJ Sorenson, Esq. — Senior Planner Page 5 of 5 CEY OF Public Works Department ALISPELL 2 01 1 st Ave East Kalispell, Montana 59901 406 758-7720 www.kalis ell.com Project Number: 2021 I209-042 April 13, 2022 Tom Cowan Carver Engineering 1995 Third Ave East Kalispell, MT 59901 chappie@carvereng.com Re: West View Estates Phase 6 Dear Tom Cowan, Thank you for your efforts in addressing the comments on this project. Approval does not relieve you from designing, nor the contractor from constructing this project in accordance with the City Standards currently in effect. The above referenced deviation request is currently the only deviation approved for West View Estates Phase 6. Any other deviations from City of Kalispell Design and Construction Standards or approved plans shall be submitted for review and approval prior to construction. Reviews are completed at $180 each, your Plan Review total is $540.00 . Please pay this fee to the Public Works front desk, 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. Please contact Matt Carlenzoli at (406)758-0243 or mearlenzoli@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, Patrick lentz, P.E.' Engineer II (406) 758-7859 Page 1 of 1 CITY OF KALISPELL July 13, 2022 Tom Cowan, PE Project Engineer Carver Engineering 1995 3rd Ave E Kalispell, MT 59901 Re: Will Serve - Water and Sewer Extensions for West View Estates Phase 6 Dear Mr. Cowan, The purpose of this letter is to inform you that the City of Kalispell is willing and able to provide service for the proposed water and sewer extensions meant to serve West View Estates Phase 6. West View Estates Phase 6 is located east of Stillwater Road and north of the existing West View Estates Subdivision. The property has been reviewed by this office and has been determined to have adequate water supply, sewer collection, fire protection, and solid waste disposal available to it. The City provides water and sewer services under PWS1D MT-0000259. The plans for the subdivision were previously approved on April 13"', 2022. The approval letter for Phase 6 is attached to this letter. Per our records, sanitary sewer and water main connections are available for extension to the property via an 8" PVC sanitary sewer main and 8" PVC water main, both located at the intersection of Taclor Rd and Gucci Way. Design of all city infrastructure proposed to serve this site was reviewed for compliance with City of Kalispell Standards for Design and Construction and has been approved (see attached approval letter). The provision of these services is contingent upon the development meeting minimum design and construction standards, zoning regulations, payments of all applicable fees, and meeting all other rules, regulations, and codes applicable to the site. Sincerely, ,,6"n�5ko� Keith Haskins, PE Deputy Public Works Director/City Engineer 201 1" AVCMIC E Pl,cne (406)73,�-7720 PO BOX 1,7Lr Public: Works Department l400l7 s_7831 Kil€spell, Nff 59903 1 www1alsspell.com MY of Public Works Department KALISPELL(406) 201 st Ave East KalispellMontana 59901758-7720 www.kalis, ell.comproject Number; 2fl211209-043 April 13, 2022 Tom Cowan Carver Engineering 1995 Third Ave East Kalispell, MT 59901 chappie@carvereng.com carvereng.com Re: West View Estates Phase 7 Dear Tom Cowan, Thank you for your efforts in addressing the comments on this project. Following are conditions of this approval: stermwater flom this swale may 14ew to the fight of -way; Approval does not relieve you from designing, nor the contractor from constructing this project in accordance with the City Standards currently in effect. The above referenced deviation request is currently the only deviation approved for West View Estates Phase 7. Any other deviations from City of Kalispell Design and Construction Standards or approved plans shall be submitted for review and approval prior to construction. Reviews are completed at $180 each, your Plan Review total is $t80.00 . Please pay this fee to the Public Works front desk. 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. Please contact Mark Crowley at (406) 758-7776 or mcrowley@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, E 1 y. I4J f (f Patrick Jentz, P.E.' Engineer II (406) 758-7859 Page 1 of 1 CITY OF KALISPELL July 13, 2022 Tom Cowan, PE Project Engineer Carver Engineering 1995 3rd Ave E Kalispell, MT 59901 Re: Will Serve - Water and Sewer Extensions for West View Estates Phase 7 Dear Mr. Cowan, The purpose of this letter is to inform you that the City of Kalispell is willing and able to provide service for the proposed water and sewer extensions meant to serve West View Estates Phase 7. West View Estates Phase 7 is located east of Stillwater Road and north of the existing West View Estates Subdivision. The property has been reviewed by this office and has been determined to have adequate water supply, sewer collection, fire protection, and solid waste disposal available to it. The City provides water and sewer services under PWS1D MT-0000259. The plans for the subdivision were previously approved on April 13t', 2022. The approval letter for Phase 7 is attached to this letter. Per our records, sanitary sewer and water main connections are available for extension to the property via an 8" PVC sanitary sewer main and 8" PVC water main, both located at the intersection of Taelor Rd and Gucci Way. Design of all city infrastructure proposed to serve this site was reviewed for compliance with City of Kalispell Standards for Design and Construction and has been approved (see attached approval letter). The provision of these services is contingent upon the development meeting minimum design and construction standards, zoning regulations, payments of all applicable fees, and meeting all other rules, regulations, and codes applicable to the site. Sincerely, Keith Haskins, PE Deputy Public Works Director/City Engineer '101 1" At 4nue F: Phone ( 06)7, 58-7710 Po BOX 19()7 Public Works Department Fax (406)75s-7831 Kalispell, MT 59(lo www.kalispell.com m 0 0 x M LL N 0 N N 0 0, m m Ln 0 T 0 m 75 L m CE LLC aba CarverEn6jineerin6j Con5ult:ing Civil Engineers September 19, 2023 Patrick Jentz, P.E. City of Kalispell PWD P.O. Box 1997 Kalispell, MT 59903-1997 Re: West View Estates, Phases 6 & 7 - Project Certification Dear Patrick: All project work has been completed for West View Estates, Phases 6 & 7. The sewer mains were TV'd and a copy of the video was previously delivered to your office. Problems evident from that TV inspection, pertinent to vertical and horizontal alignment, have been corrected and have been accepted by the City. Certification of the water system improvements was provided to the City last year, and now work on the road, dry utilities and storrnwater drainage improvements has been completed, inspected and tested. Based on our observations of construction and testing, it is our opinion that work on water, sewer, stormwater and roads was done in accordance with approved plans and specifications. We are nearing completion of project Record Drawings and we will provide you electronic sets (dwg and pdf) as soon as they are ready to go. Sincerely, GE LL _a CarrerIngineering i_ Tom Cowan, P.E. THOMAS M. E COWAN 10323 P.E. li," Ip�n�1�� Montana Department of Environmental GIvality April 22, 2022 Tom Cowan Carver Engineering 1995 Third Avenue East Kalispell MT 59901 Dear Mr. Cowan; RE: West View Estates Phase 6 Municipal Facilities Exclusion EQ9 22-2390 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(1)(d), MCA, this subdivision is not subject to review, and the Declaration can be filed with the county clerk and recorder. Pla-is aaid specifications must. be submitted when extensions of municipal facilities for the supply of ester 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. West View Estates Phase 6 Municipal Facilities Exclusion will consist of 19 Lots. Sincerely, Mar„arite Juaiez Thomas Section Supervisor Engineering Bureau Department of Environmental Quality (40 ►) 755-8956 Email _MJuarezThomas�,7a,mt.ao_v cc: City Engineer County Sanitarian Owner file Greg Gianforte, Governor I Chris Dorrington, Director I P.O, Box 200901 1 Helena, Mi 59620-0901 1 (406) 444-2544 1 www.deq,mt.gov Qdalfth', Montana Department of Environmental Quality April 22, 2022 Tom Cowan Carver Engineering 1995 Third Avenue East Kalispell MT 59901 Dear Mr. Cowan; RE: West View Estates Phase 7 Municipal Facilities Exclusion EQ# 22-2391 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(1)(d), MCA, this subdivision is not Subject to review, and the Declaration can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of spw4ge 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. West View Estates Phase 6 Municipal Facilities Exclusion will consist of 15 Lots. Sincerely, Margari-te Juafez Thomas Se: tion Supervisor Engineering Bureau Department of Environmental Quality (406) 755-8956 Email MJuarezThomas mt. ov cc: City -Engineer r County Sanitarian Owner file Greg Gianforte, Governor 1 Chris Dorrington, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444.2544 1 www.deq.mt.gov DEAQ�- Montana department of Environmental duality July 26, 2022 Tom Cowan, PE. Carver Engineering 1995 Third Avenue East Kalispell, NIT 59901 RE: West View Estates Phases 6 Water & Sewer Extensions/Connections - EQ#22-2082 Dear Tom Cowan: The design reports, construction plans, specifications and supporting information for the West View Estates Phases 6 Water & Sewer Connections EQ#22-2082 project were received on February 24, 2022, with additional information received on April 14, 2022, July 6, 2022, July 19, 2022, and July 26, 2022. The design documents were submitted under the seal of Thomas M. Cowan, PE#10323. The submittal was reviewed in accordance with the Department of Environmental Quality design standards in Circular DEQ-1, 2018 edition and Circular DEQ-2, 2018 edition. Phase 6 of the project consists of the installation of: approximately 125 feet of 8-inch water main beginning at the intersection of Taelor Road & Gucci Way will be removed and replaced with 12-inch DR18 PVC water main and approximately 175 feet of new 12-inch DR18 PVC water main that will intersect the proposed water main along Lumberjack Place. Approximately 400 linear feet of 12-inch DR18 PVC water main to the intersection of Lumberjack Place and Junebug Court. Approximately 187.5 linear feet of 8-inch DR18 PVC water main from LumberJack Place along JuneBug Court to Lot 6. Approximately 337.5 linear feet of 12-inch DRi 8 PVC water main from the intersection of Junebug Court and Lumberjack Place along LumberJack Place to Sperry Way (West & East). Approximately 150 linear feet of 8-inch DR18 PVC water main along Sperry Way (West) connecting to Lumberjack Place. Approximately 162.5 linear feet of 8-inch DR18 PVC water main along Sperry Way (East) connecting to Lumberjack Place. Approximately 62.5 linear feet of 12-inch DR18 PVC water main from Sperry Way (West & East) along Lumberjack Place to the end of the new water main. The project also includes all fittings, valves, hydrants, manholes, services, and appurtenances as shown on the plans and indicated in the specifications. Phase 6 of the project consists of the installation of approximately: 153.1 lineal feet of 8-inch SDR 35 PVC sewer main from the connection on Gucci Way to the intersection of Gucci Way and LumberJack Place. Approximately 400 linear feet of 8-inch SDR 35 PVC sewer main to the manhole located at LumberJack Place and JuneBug Court. Approximately 159.4 linear feet of 8-inch SDR 35 PVC sewer main from LumberJack Place along JuneBug Court to the manhole located before Lot 7. Approximately 362.5 linear feet of 8-inch SDR 35 PVC sewer main from. JuneBug Court along Lumberjack Place to the intersection of Sperry Way (West & East). Approximately 212.5 linear feet of 8-inch 35 PVC sewer main along Sperry Way West from Lumberjack Place. Approximately 150.0 linear feet of 8-inch SDR 35 PVC sewer main along. Sperry Way East from Lumberjack Place. Approximately 40 linear feet of 8-inch SDR 35 PVC sewer main along Lumberjack Place from Sperry Greg Gianforte, Governor I Chris Dorrington, Director I P.Q. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 i www.deq.mt.gov RE: West View Estates Phases 6 Water & Sewer Main Extensions/Connections E.Q. #22-2082 July 26, 2022 Page 2 Way (West & East) to the end of the new sewer main. The project also includes all fittings, manholes, services, and appurtenances as shown on the plans and indicated in the specifications. Plans and referenced specifications for the West View Estates Phases 6 Water & Sewer Connections EQ#22-2082 project are hereby approved. One copy of the plans bearing the approval stamp of the Department of Environmental Quality is enclosed. A second set will be retained for Department record. The third set will be provided to the Flathead County Health Department. Deviation from DEQ-2 Section 38.2, relation to water works structures, was reviewed and approved by the DEQ review committee. Approval is given with the understanding that any further deviation from the approved plans and specifications will be submitted to the Department for review and approval. The project may not be placed into service until the project engineer or designer certifies by letter to the Department that the activated portion of the project was constructed in substantial accordance with the plans and specifications approved by the Department and there are no deviations from the design standards other than those previously approved by the department. Within 90 days after the completion of construction, a complete set of certified "as -built" drawings must be signed and submitted to the Department. It is further understood that construction of this project must be completed within three years of this approval date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. Department approval of this project covers only those portions of the plans and specifications that are subject to the Department's review authority under the Public Water Supply Laws (MCA 75-6) and the Administrative Rules promulgated thereunder (ARM 17.38). This approval does not cover items found within the plans and specifications that are outside of the Department's review authority, including but not limited to, electrical work, architecture, site grading or water and sewer service connections. Thank you for your efforts regarding this submittal. If you have any further questions or concerns, please feel free to contact me at (406) 444-5323 or eleanor. og ins(a_),mt.gov. Sincerely, C V-1s Eleanor Goins, PE DEQ Engineering Bureau Public Water & Subdivision Section Enclosures: One set of approved plans and specifications, cc: City of Kalispell, File: EQ#22-2082 Greg Gianforte, Governor I Chris Dorrington, Drector I P.O. Sox 200901 1 Helena, MT 59620-0901 1 (446) 444-2544 www.deq.mt.gov Montana Department AQm,- of Environmental Quahty July 26, 2022 Tom Cowan, PE. Carver Engineering 1995 Third Avenue East Kalispell, MT 59901 RE: West View Estates Phases 7 Water & Sewer Extensions/Connections - EQ#22-2486 Dear Tom Cowan: The design reports, construction plans, specifications and supporting information for the West View Estates Phases 7 Water & Sewer Connections EQ#22-2486 project were received on February 24, 2022, with additional information received on April 14, 2022, July 6, 2022, July 19, 2022 and July 26, 2022. The design documents were submitted under the seal of Thomas M. Cowan, PE410323. The submittal was reviewed in accordance with the Department of Environmental Quality design standards in Circular DEQ-1, 2018 edition and Circular DEQ-2, 2018 edition. Phase 7 of the project consists of the installation of approximately: approximately 625.0 linear feet of 12-inch DR18 PVC water main beginning at the border wall, between lots 20 & 21, along Lumberjack Place to Junebug court. The project also includes all fittings, valves, hydrants, manholes, services, and appurtenances as shown on the plans and indicated in the specifications. Phase 7 of the project consists of the installation of: Approximately 525 linear feet of 8-inch SDR 35 PVC sewer main from a manhole Iocated close to Lot 19 & Lot 20 to the intersection of Gucci Way and Lumberjack Place. The project also includes all fittings, manholes, services, and appurtenances as shown on the plans and indicated in the specifications. Plans and referenced specifications for the West View Estates Phases 7 Water & Sewer Connections EQ#22-2486 project are hereby approved. One copy of the plans bearing the approval stamp of the Department of Environmental Quality is enclosed. A second set will be retained for Department record. The third set will be provided to the Flathead County Health Department. Deviation from DEQ-2 Section 38.2, relation to water works structures, was reviewed and approved by the DEQ review committee. Approval is given with the understanding that any further deviation from the approved plans and specifications will be submitted to the Department for review and approval. The project may not be placed into service until the project engineer or designer certifies by letter to the Department that the activated portion of the project was constructed in substantial accordance with the plans and specifications approved by the Greg Gianforte, Governor I Chris Dorrington, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www deq mt.gov RE: West 'View Estates Phases 7 Water & Sewer Main Extensions/Connections E.Q. #22-2486 July 26, 2022 Page 2 Department and there are no deviations from the design standards other than those previously approved by the department. Within 90 days after the completion of construction, a complete set of certified "as -built" drawings must be signed and submitted to the Department. It is further understood that construction of this project must be completed within three years of this approval date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. Department approval of this project covers only those portions of the plans and specifications that are subject to the Department's review authority under the Public Water Supply Laws (MCA 75- 6) and the Administrative Rules promulgated thereunder (ARM 17.38). This approval does not cover items found within the plans and specifications that are outside of the Department's review authority, including but not limited to, electrical work, architecture, site grading or water and sewer service connections. Thank you for your efforts regarding this submittal. If you have any further questions or concerns, please feel free to contact me at (406) 444-5323 or eleanor.goinsmt.aov. Sincerely, Eleanor Goins, PE DEQ Engineering Bureau Public Water & Subdivision Section Enclosures: One set of approved plans and specifications, cc: City of Kalispell, File: EQ#22-2486 Greg Gianforte. Governor I Chris Dorrington, Director I P.O Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 www.deq mt.gov D E AQdOM%%W� Montana Department of Environmental Quality December 12, 2022 Bob Smith R. Smith Excavating Inc 292 Stoner Creek Road Lakeside, MT 59922 RE: Confirmation Letter, Notice of Intent (NOI) MTR109128, West View Estates Phases 6 & 7 Authorization for renewal effective January 1, 2023. Dear Bob Smith: The Department of Environmental Quality (DEQ) acknowledges the receipt of your complete application package (NOI and SWPPP) to discharge under the , General Permit for Storm Water Discharges Associated with Construction Activity (SWC-GP) on January 01, 2023. Your authorization number under the SWC-GP is MTR109128. Please include this number on any correspondence with DEQ regarding this site. This letter confirms only that a complete NOI has been received. DEQ does not assess the validity of the information you provided other than project location as it relates to sage grouse habitat. Your signature on the NOI certifies that you have read, understand, and are implementing all applicable requirements. Specifically, the SWC-GP: Requires implementation of a Storm Water Pollution Prevention Plan (SWPPP), Defines the inspection process, and Defines record keeping requirements (refer to Part 2.5 of the General Permit). The SWC-GP and additional guidance materials can be viewed and downloaded from our FACTS page at http://deq.mt.gov/Public/FACTS or the MT DEQ website at http://deq.mt.gov/Water/StorinWater/StonnSystems. Authorization under the SWC-GP remains in effect until you submit a complete Notice of Termination (NOT). Your signature on the NOT certifies that you have achieved final stabilization, removed your temporary Best Management Practices, and have paid all applicable fees. All effective authorizations are assessed annual fees each calendar year until a complete NOT is received. Coverage under the SWC-GP does not waive your obligation to obtain coverage under other applicable permits. If you have questions regarding SWC-GP requirements, please contact Cathy Culver (406) 444-0574 or via email cathy.culver2@mt.gov or Gina Self (406) 444-5388 or via email gself@mt.gov. Sincerely, Gina Self Database Analyst JOUNITED STATES POST11L SERVICE Gaylon Owens JJ Harris Carver Engineering 199-53" Ave. F. Kalispell, MT 59901 December 5, 2021 RE: West View Estates Phases 6 &7 Gaylon/JJ- have looked at the West View Estates Phases 6 &7. The site of the Central Box Unit (CBU's) will be between Lot 27 and 28 along Lumberjack Place and Gucci Way. The agreed upon are 1-16 unit, 1-12 unit, 1-8 unit for 36 mail deliveries. In -addition, 1-2 unit parcel locker fora 9 parcel lockers If further development of the adjacent property is to happen it will be the responsibility of the Developer and or HOA to purchase a larger CBU and additional Parcel Lockers. (Parcel Locker f)r every 5 deliveries is the Dontestic iblail Alanual and LISPS nrinintunt Requirements for New Construction) The Units will be installed prior to the residents moving into their homes. USPS will input the addresses for this project into the AMS system and will retain all keys for the project and hand out to the new residence when their homes are occupied. Developer and or HOA will be responsible for the maintenance and replacement of CBU and Parcel locker if destroyed or stolen. This is a condition of my approval so that the customers have a secure Mode of Delivery and will be able to receive mail and parcels and to be added to the Automated Mail System (AMS) that the USPS provides this for address conformation for Local, City, State and Federal Mandates. We have a mutually agreed signed Mode of Delivery Agreement. Consider this letter as approval of the site for US Postal Service Delivery. Respectfrrll Lany A. Golic_�, 5 2021 :Irt Postmaster 350 N. Meridian RD rya Kalispell. NIT 59901-9995�7�STER _'406-257-9796 2,Lawrence.A.Golie@USPS.GOV FCA Flathead Station UNITED STATES L^�!S KISt�i `r 7 "MOM "Efficietrcy A doing things right; Effecdvenes.s is doing the right things. Peter Drucker After Recording Return To: Page: f05 66 Fees. $40.00 Debbie Pierson, Flathead County MT by AH I1/15/2023 V20 PM City of Kalispell P.O. Box 1997 Kalispell, MT 59903 DEED TRANSFERRING WATER RIGHTS IN CONSIDERATION OF TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration, FLATHEAD VILLAGE GREENS LLC ("Grantor"), hereby grants, bargains, sells and conveys to the CITY OF KALISPELL ("Grantee"), a political subdivision of the State of Montana, of 201 First Avenue East, Kalispell, Montana 59901, and to Grantee's successors and assigns, a portion of the existing water rights (as further described in those certain Statements of Claim on file with the Montana Department of Natural Resources under Water Right Numbers 76LJ 30118731 and 76LJ 30118740), which originally related to the following described Flathead County, Montana real property consisting of a total of 15.978 acres, more or less, but which water rights were subsequently severed from this property (as well as adjacent acreage), which property is located in the Northwest Quarter (NW'/4) of the Southwest Quarter (SW'/4) of Section 25, Township 29 North, Range 22 West, PMM, Flathead County, Montana, and is further described as follows: See Exhibit "A" attached hereto, and by this reference incorporated herein Nothing herein shall be construed to convey to Grantee any interest in the herein described real property itself; rather only the water rights identified herein which were previously associated with such real property, but which were thereafter severed from such real property. The water rights which are hereby transferred and conveyed to Grantee are a portion of the "Area 1" water rights which are identified and described in said Statements of Claim Nos. 76LJ 30118731 and 76LJ 30118740, which portion is 27.282% of the "Area I" water rights based upon the gross acreage of the herein described real property of 15.978 acres (which property is to become West View Estate Phases 6 & 7), and "Area 1" being 58.566 acres. The portion of the water rights which are hereby conveyed and transferred to Grantee are further described and detailed as follows: Water Right No. 76LJ 30118731: Flow Rate (gpm) 165.212 Volume (acre-feet) 51.638 Water Right No. 76LJ 30118740: Flow Rate (gpm) 46.807 Volume (acre-feet) 4.683 IIIIIIIIII IIIIII IIIIIIIIII IIIII IIIIIIIIIIIIIIIIIIII IIIIIIIIII IIIII IIIII IIII IIIIII IIII IIII Page: 2 of 5386 Fees: $40.00 11/15/2023 4:25 PM TO HAVE AND TO HOLD unto the Grantee the herein described water rights, and to the Grantee's successors and assigns. DATED this -Kl �ay of November, 2023. STATE OF MONTANA : ss County of Flathead FLATHEAD VILLAGE GREENS LLC By 5e,- Mark G. Owens, Secretary This instrument was acknowledged before me on the day of November, 2023, by Mark G. Owens, as Secretary of Flathead Village Greens LLC. �pRpsl)l, tip? tAR� F SEAL P2e OF M0� TAFLORREITZEL I•iXt,,RY PUBLIC for the State of Montana R"siding of Kailspell, MT My Commission Expires Ww ' 9, 2027 Notary Public for the St. of Montana Residing at L6 P,l I. KT I IIIIIIIIII IIIIII IIIIIIIIII IIIII IIIIIIIIIIIIIIIIIIII IIIIIIIIII IIIII IIIII IIII IIIIII IIII IIII Page: 3 of 5386 Fees: $40.00 11/15/2023 4:25 PM DESCRIPTIONS: A TRACT OF LAND, SITUATED, LYING AND BEING IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at the northeast corner of West View Estates, Phase 2 (records of Flathead County, Montana) which is a found iron pin; Thence S89°59' 1 i "W 647.89 feet to a found iron pin on the westerly R/W of a 60 foot city street known as Gucci Way as shown hereon; Thence along said R/W and the northerly extension thereof NORTH 310.00 feet to a set iron pin; Thence WEST 78.38 feet to a set iron pin; Thence N48°43'2.5"W 99.80 feet to a set iron pin; Thence WEST 196.06 feet to a found iron pin; Thence N00°06'41 "W 250.35 feet to a found iron pin on the southerly R/W of a 60 foot emergency secondary ingress and egress easement as shown liereon; Thence along said R/W N89°59'11"E 345.65 feet to a set iron pin; Thence leaving said R/W SOUTH 141.67 feet to a set iron pin; Thence EAST i 10.00 feet to a set iron pin; Thence S74° 18' 14"E 213.14 feet to a set iron pin; Thence N22°02'09"E 71.27 feet to a set iron pin. Thence NORTH 139.76 feet to a set iron pin on the northerly R/W of a 60 foot city street known as Dragon Fire Avenue as shown hereon; Thence along said R/W EAST 310.45 feet; Thence leaving said R/W S00°01' 12"W 632.60 feet to the point of beginning and containing 10.283 ACRES; Subject to and together with a 60 foot emergency secondary ingress and egress easement per Doc. 200110716080 and as shown hereon; Subject to and together with 60 foot city streets known as Gucci Way, Lumbeijack Place, .lunebug Court, and Dragon Fire Avenue as shown hereon; Subject to and together with 10 foot utility easements and 10 foot utility and sidewalk easements as shown hereon; Subject to and together with all appurtenant easements of record. ALSO A TRACT OF LAND, SITUATED, LYING AND BEING iN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at the southwest corner of West View Estates, Phase 6 (records of Flathead County, Montana) which is a found iron pin; Thence S89059'11"W 679.94 feet to the centerline of a 60 foot county road known as Stillwater Road; Thence along said centerline N00"05'49"W 375.91 feet; Thence leaving said centerline N89°59' 1 I "E 331.1 4l feet to a found iron pin; Thence EAST 1.96.06 feet to a found iron pin; Thence S48°zl3'25"E 99.80 feet to a found iron pin; Thence EAST 78.38 feet to a found iron pin; Thence SOUTH 310.00 feet to the point of beginning and containing 5.695 ACRES; Subject to and together with a 60 foot city street known as Lunibe►jack Place as shown hereon; Subject to and together With 10 foot utility easements and 10 foot utility and sidewalk easements as shown hereon; Subject to and together with a 15 foot city waterniain easement as shown hereon; Subject to and together with a 20 foot utility and drainage easement as shown hereon; Subject to and together with all appurtenant easements of record. DECLARATION OF COVENANTS CONDITIONS RESTRICTIONS AND EASEMENTS FOR WEST VIEW ESTATES PHASE 6 & 7 This Declaration of Covenants, Conditions, Restrictions and Easements for West View Estates (the "Declaration") is made this _- day of �ti��f✓ , 2023, by the Montana Corporation, Owl Corporation hereinafter (the "Declarant"), by and through its duly authorized secretary/treasurer, Mark G. Owens. ARTICLE 1 STATEMENT AND PURPOSE AND IMPOSITION OF COVENANTS Section 1.1. Owner, The Declarant is the owner of the property in Flathead County, Montana, more particularly described as follows (the "Property"): Lots 1 thru 12 and 28 thru 34 in Phase 6 and lots 13 thru 27 in Phase 7 of the West View Estates subdivision, according to the official Plat thereof on file and of record in the official records of Flathead County, Montana. Section 1.2. Purpose. The purpose of the Declarant in malting this Declaration is to create a development known as West View Estates on the Property (the "Project" or "West View Estates") The Declarant further intends to ensure the attractiveness of the Property, including the residences and other improvements constructed on it to prevent any future impairment of the Property and to guard against the construction on the Property of improvements of improper or unsuitable materials or with improper quality or methods of construction, to protect and enhance the values and amenities of the Property; to provide for the operation, administration, use and maintenance of the common areas within the Property; to preserve, protect and enhance the values and amenities of the Property; and to promote the health safety and welfare of the owners of the Property. Section 1.3. Imposition of Covenants. To accomplish the purposes indicated above, the Declarant hereby declares that from the date of recording this Declaration forward, the Property will constitute a planned community known as West View Estates, and will be held, sold, and conveyed subject to the following covenants, conditions, restrictions and easements (collectively, these "Covenants"). These Covenants will run with the land and will be binding upon all persons or entities having any right, title, or interest in all or any part of the Property (including Declarant) and their heirs, successors, and assigns, and their tenants, employees, guests, and invitees. These Covenants will inure to the benefit of each owner of the Property. .................................. 1 {Page ARTICLE 2 DEFINITIONS The following terms, as used in this Declaration, are defined as follows: Section 2.1. "Annual Assessment" means the Assessment levied annually pursuant to Section 9.3. Section 2.2. "Architectural Review Committee " means the committee formed pursuant to Article 6 to maintain the quality and architectural harmony of improvement in West View Estates. Section 2.3. "Articles: or "Articles of Incorporation " means the Articles of Incorporation of the West View Estates Homeowners Association, Inc., a Montana non-profit corporation, which were filed with the Montana Secretary of State's office on July 21, 2006, as such Articles, may be amended from time to time. Section 2.4. "Assessments" means the Annual, Special and Default Assessments levied pursuant to Article 9 to meet the estimated cash requirements of the West View Estates Homeowners Association. Section 2.5. "Bylaws" means the bylaws of the West View Estates Homeowners Association which establish the methods and procedures of its operation, as such bylaws may be amended from time to time. Section 2.6. "West View Estates Documents" means the basic documents creating and governing West View Estates, including, but not limited to, this Declaration, the Articles of Incorporation and Bylaws, the Design Guidelines and any other procedures, rules, regulations or policies adopted under such documents by the West View Estates Homeowners Association, all as may be amended from time to time. Section 2.7. "West View Estates Homeowners Association" means the West View Estates Homeowners Association, Inc., a Montana non-profit corporation, and any successor of that entity by whatever name. Section 2.8. "West View Estates Rules" means the rules and regulations adopted by the West View Estates Homeowners Association from time to time. Section 29. "Common Area" means all of the areas shown as parks and common areas, depicted on the Final Plat or Plats of West View Estates, records of Flathead County, Montana and any other property in which the West View Estates Homeowners Association owns an interest for the common use, benefit and enjoyment of the Members. Section 2.10. "Common Expenses" means (1) premiums for the insurance carried by the West View Estates Homeowners Association under Article 9; (ii) all other expenses 21 Page incurred by the West View Estates Homeowners Association in administering, servicing, conserving, managing, maintaining, repairing or replacing the Common Area and any Improvements located on it; (iii) all expenses expressly declared to be Common Expenses by the West View Estates Documents; (iv) all expenses lawfully determined to be Common Expenses by the Board of Directors; and (v) all expenses to be allocated among the Owners as provided in Article 9. Section 2.11. "Declarant" means Owl Corporation, or its successors or assigns, including any successor Declarant. Section 2.12. "Default Assessment" means any Assessment levied by the West View Estates Homeowners Association pursuant to Section 9.5 below. Section 2.13. "Design Guidelines" means the guidelines and rules published and amended and supplemented from time to time by the Architectural Review Committee. Section 2.14. "Declaration Rights" is defined in Section 11. L2. Section 2.15. "Expansion Property" means such additional real property now owned or in the future acquired by Declarant (including any Successor Declarant) as Declarant may make subject to the provisions of this Declaration, by duly recorded Declaration of Annexation. Section 2.16. "Improvement(s) " means all buildings, parking areas, loading areas, fences, wails, hedges, plantings, lighting, poles, driveways, roads, ponds, lakes, trails, gates, signs, changes in any exterior color or shape, excavation and all other site work, including, without limitation, grading, road construction, utility improvements, removal of trees or planting, and any new exterior construction or exterior improvement which may not be included in the foregoing. "Improvement(s)" does not include turf, shrub, or tree repair or replacement of a magnitude which does not change exterior colors or exterior appearances. "Improvement(s)" does include both original improvements and all later changes and improvements. Section 2.17. "Lot" means a parcel of land designated as a lot on any Plat of the Property. Section 2.18. "Maintenance Fund" means the fund created by Assessments and fees levied pursuant to Article 9 below to provide the West View Estates Homeowners Association with the funds required to carry out its duties under this Declaration. Section 2.19. "Member" means any person or entity holding membership in the West View Estates Homeowners Association. Section 2.20. "Owner" means the owner of record (including Declarant, and including the most recent contract purchaser, but excluding all contract sellers) whether one or more persons or entities, of fee simple title to any Lot or, if the Lot is subject to one or more contracts for deed, the owner of the purchaser's interest in the most recent contract for deed, ....................... . 3 1 P a g e but "Owner" does not mean or refer to any person or entity who holds such interest merely as security for the performance of a debt or other obligation, including a mortgage or trust indenture, unless and until such person or entity has acquired fee simple title pursuant to foreclosure or other proceedings. Section 2.21. "Period of Declarant Control" means the period beginning on the date this Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana and ending on the date which is 20 years later. The Declarant at anytime may terminate his period of control by written notice to the Board of Directors. Section 2.22. "Person" (whether or not in capitalized form) means a natural person, a corporation, a partnership, a limited liability company, an association, a trust or any other entity or combination of the foregoing. Section 2.23. "Plat" means any survey or surveys of all or part of the Property, together with such other diagrammatic plans and information regarding the Property as may be required by applicable law, or as may be included in the discretion of Declarant, as each such survey may be amended and supplemented from time to time, and all as recorded in the office of the Clerk and Recorder of Flathead County, Montana. Section 2.24. "Property" means and includes the property described in Section 1.1 and initially subjected to this Declaration, and also refers to any additional real property that may be incorporated in the Project from time to time and made subject to these Covenants pursuant to the provisions of this Declaration. Section 2.25. "Special Assessment" means an Assessment levied pursuant to Section 9.4. Section 2.26. "Special Declarant .Rights" is defined as set forth in Section 11.1 below. Section 2.27. "Successor Declarant" means any party or entity to whom Declarant assigns any or all of its rights, obligations or interest as Declarant, as permitted by Section 17.7 and evidenced by an assignment or deed of record in the office of the Clerk and Recorder of Flathead County, Montana, designating such party as a Successor Declarant, signed by the transferor and the transferee. Upon such recording, Declarant's rights and obligations under the Declaration will cease and terminate to the extent provided in such document, and all such rights and obligations shall be transferred to and assumed by the Successor Declarant to the extent provided in such document. ARTICLE 3 EXPANSION AND PLAT Section 3.1. Development Rights. Declarant reserves the right to exercise all Development Rights in connection with the West View Estates subdivision in accordance with Article 11 below. ....................................... 4 1 P a g e Section 3.2. Declaration of Boundaries. The boundaries of each Lot are delineated on the Plat, and each Lot is identified by the number noted on the Plat. Section 3.3. Plat. The Plat will be filed for record in the office of the Clerk and Recorder of Flathead County, Montana. The Plat may be filed as a whole or as a series of Plats from time to time. ARTICLE 4 ASSOCIATION MEMBERSHIP AND VOTING RIGHTS Section 4.1. Membership. Every Owner, by virtue of being an Owner, and for so long as he is an Owner, will be a Member of the West View Estates Homeowners Association. Membership will be appurtenant to and may not be separated from ownership of any Lot. No Owner, whether one or more persons, will have more than one membership per Lot owned, but all of the persons owning each Lot will be entitled to rights of membership and of use and enjoyment appurtenant to such ownership. The Declarant shall be considered an Owner and shall be a Member of the West View Estates Homeowners Association with all of the same privileges of the other Owners and Members. For purposes of assessments, the Declarant shall be exempt from all forms of assessments imposed pursuant to this Declaration. Section 4.2. Transfer of Membership. An Owner may not transfer, pledge or alienate his membership in the West View Estates Homeowners Association in any way except upon the sale or encumbrance of his Lot, and then only to the purchaser or Mortgagee of his Lot. Section 4.3. Classes of Membership. The West View Estates Homeowners Association will have one class of voting membership, composed of all Owners, including Declarant, except that the Declarant shall have such additional rights and responsibilities as expressly provided in this Declaration. Section 4.4. Voting Rights. All Members shall be entitled to one vote on the West View Estates Homeowners Association matters on the basis of one vote for each Lot owned. Section 4.5. Appointment of Officers and Directors by Declarant. Until the expiration of the Period of Declarant Control, Declarant will retain the exclusive powers to appoint, remove and replace Directors and officers of the West View Estates Homeowners Association. ARTICLE 5 POWERS AND DUTIES OF WEST VIEW Section 5.1. West View Homeowners Association Management Duties. Subject to the rights and obligations of Declarant as set forth in this Declaration, the West View Estates Homeowners Association will be responsible for the administration and operation of the West View Estates. The Board of Directors will exercise for the West View Estates Homeowners Association all power, duties and authority vested in or obligated to be taken by the West View ......................................................... 51 Page Estates Homeowners Association and not reserved to Declarant or the other members by this Declaration, or by other applicable law. Section 5.2, Common Area. 5.2.1. Conveyance by Declarant. On or before the expiration of the period of Declarant control, Declarant will convey to the West View Estates Homeowners Association, by written instrument recorded with the Clerk and Recorder of Flathead County, Montana, the Common Area located on the Property. 5.2.2. Use of Common Area. The Common .Area generally is designated by this Declaration for the common use, benefit and enjoyment of the Owners and their families, tenants, employees, guests and invitees. 5.2.3. West View Estates Homeowners Association's Responsibility for Common Area. The West View Estates Homeowners Association, subject to the rights and obligations of the Owners set forth in this Declaration, will be responsible for the management, maintenance and control of the Common Area. 5.2.4. Association's Agreements Regarding Common Area. The West View Estates Homeowners Association, acting through the Board of Directors, may grant easements, right-of-way, leases, licenses and concessions through or over the Common Area without the independent approval by the Owner. Without limiting the generality of the foregoing, the West View Estates Homeowners Association may grant such rights to suppliers of utilities serving the Project or property adjacent to the Project, and to developers or owners of property adjacent to the Project for the purpose of accommodating minor encroachments onto the Common Area or other purposes that do not unreasonably interfere with the use and enjoyment of the Common Area by the Owners. Section 5.3. Delegation by West View Estates Homeowners Association. 5.3.1. Committees. The West View Estates Homeowners Association may delegate any of its rights, duties or responsibilities to any committee or other entity (in addition to the Architectural Review Committee) that the Board may choose to form. 5.3.2. Limitation. Any delegation by the Board under this Section is subject to compliance with the Bylaws and the requirement that the Board, when so delegating, will not be relieved of its responsibilities under the West View Estates Documents. Section 5.4. Books and Records. The West View Estates Homeowners Association will make available for inspection by Owners and Mortgagees, upon request, during normal business hours or under other reasonable circumstances, current copies of the West View Estates Documents, and the books, records, and financial statements of the West View Estates Homeowners Association prepared pursuant to the Bylaws. 61 Page Section 5.5. Successor to Declarant. The West View Estates Homeowners Association will succeed to all of the rights, duties and responsibilities of the Declarant under this Declaration upon termination of the Period of Declarant Control. ARTCLE 6 ARCHITECTURAL REVIEW COMMITTEE Section 6.1. Committee. There is hereby established an Architectural Review Committee, which will be responsible for the review and approval of all proposed Improvements on the Lots. Section 6.2. Committee Membership. The Committee will be composed of three or more persons, all of the members of the Committee will be appointed, removed, and replaced by Declarant, in its sole discretion, until the expiration of the Period of Declarant Control or such earlier time as Declarant may elect to voluntarily waive this right by notice to the West View Estates Homeowners Association, and at that time the Board of Directors will succeed to Declarant's right to appoint, remove, or replace the members of the Committee. Section 6.3. Purpose and General Authority. No Improvements will be erected, placed, reconstructed, replaced, repaired or otherwise altered, nor will any construction, repair or reconstruction be commenced until plans for the Improvements have been approved by the Committee; provided, however, that Improvements that are completely within a building may be undertaken without such approval. The Owner shall submit a site plan and elevations showing the design, location, material, color and exterior finish of proposed Improvements to the Architectural Review Committee. All improvements will be constructed only in accordance with approved plans. The ARC will make approvals on a case by case basis, prior approvals will not set precedence for future approvals. Section 6.4. Design Guidelines. The Architectural Review Committee may publish Design Guidelines which set forth the procedures and criteria for review of Improvements to be constructed on any Lot, and for review of landscaping plans. Failure to follow procedures or criteria set forth in the current published Design Guidelines shall form an adequate basis for rejection of the submitted site plan and elevations; provided, however, that this requirement shall not be construed as preventing the Declarant or the Architectural Review Committee, at their option, from waiving or amending the Design Guidelines at any time or with respect to any application. Failure to follow such procedures or criteria set forth in the Design Guidelines shall also be deemed a breach of this Declaration by such Owner and shall entitle the Association or the Architectural Review Committee to exercise and pursue the rights and remedies provided herein with respect to such breach. Section 6.5. Failure to Act. In the event the Architectural Review Committee fails to approve or disapprove such design, location, material, color and exterior finish within thirty days after the detailed site plan and elevations have been submitted to it, approval shall not be required and such Owner shall be deemed in compliance with this Article. Any plans, elevations and proposals so approved, either expressly in writing or by the expiration of the thirty day period herein above provided, shall then permit the Owner to commence construction 7Pagc in accordance with said plans and elevations, but any deviation from said plans and elevations which in the judgment of said Architectural Review Committee is a substantial detriment to the appearance of the structure or of the surrounding area shall be corrected to conform with the plans and elevations as submitted. Section 6.6. Committee .Discretion. The Committee will exercise its best judgment to see that all Improvements conform and harmonize with any existing structures as to external design, quality and type of construction, materials, color, location on the Lot, height, grade and finished ground elevation, and the schemes and aesthetic considerations set forth in the Design Guidelines and the other West View Estates Documents. The Committee, in its sole discretion, may excuse compliance with such requirements as are not necessary or appropriate in specific situations and may permit compliance with different or alternative requirements. Prior approvals do not set precedence for future approvals. Section 6.7. Binding Effect. The actions of the Committee in the exercise of its discretion by its approval or disapproval of plans and other information submitted to it, or with respect to any other matter before it, will be conclusive and binding on all interested parties. Section 6.8. Construction Deposits. The ARC requires a construction deposit at the time of Architectural Review. This deposit is to ensure that the builder stays in covenant compliance throughout the build and the finished home is as represented at Architectural Review. If a builder fails to be in compliance or if the finished build differs from what was represented at Architectural Review, a portion or all of the Construction Deposit could be at risk. Section 6.9. Organization and Operation of Committee. 6.9.1. Term. The term of office of each member of the Committee will be one year, commencing January 1 of each year, and continuing until his successor shall have been appointed. Should a Committee member die, retire or become incapacitated, or in the event of a temporary absence of a member, a successor may be appointed as provided in Section 6.2. 6.9.2. Chairman. So long as Declarant appoints the Committee, Declarant will appoint the chairman. At such time as the Committee is appointed by the Board of Directors, the chairman will be elected annually from among the members of the Committee by a majority vote of the members. In the absence of a chairman, the parry responsible for appointing or electing the chairman may appoint or elect a successor, or if the absence is temporary, an interim chairman. 6.9.3. Operations. The Committee chairman will take charge of and conduct all meetings and will provide for reasonable notice to each member of the Committee prior to any meeting. The notice will set forth the time and place of the meeting, and notice may be waived by any member. 8 1 P a g e 6.9.4. Voting. The affirmative vote of a majority of the members of the Committee will govern its actions and be the act of the Committee. Section 6.10. Other Requirements. Compliance with the West View Estates architectural review process is not a substitute for compliance with City of Kalispell building, zoning and subdivision regulations, and each Owner is responsible for obtaining all approvals, licenses, and permits as may be required prior to commencing construction. Section 6.11. Enforcement. 6.11.1. Inspection. Any member or authorized consultant of the Architectural Review Committee, or any authorized officer, Director, employee or agent of the West View Estates Homeowners Association may enter upon any Lot at any reasonable time after notice to the Owner, without being deemed guilty of trespass, in order to inspect Improvements constructed or under construction on the Lot to determine whether the Improvements have been or are being build in compliance with West View Estates documents and the plans and specifications approved by the Architectural Review Committee. 6.11.2. Deemed Nuisances. Every violation of these Covenants is hereby declared to be and to constitute a nuisance, and every public or private remedy allowed for such violation by law or equity against Member will be applicable. Without limiting the generality of the foregoing, these Covenants may be enforced as provided below. (i) Fines for Violations. The Committee may adopt a schedule of fines for failure to abide by the Committee rules and the Design Guidelines, including fines for failure to obtain any required approval from the Committee. (ii) Removal of Nonconforming Improvements. The West View Estates Homeowners Association may, upon request of the Committee and after reasonable time after notice to the Owner, without being deemed guilty of trespass, remove any Improvement constructed, reconstructed, refinished, altered, or maintained in violation of these Covenants. The Owner of the Improvement will immediately reimburse the West View Estates Homeowners Association for all expenses incurred in connection with such removal. If the Owner fails to reimburse the West View Estates Homeowners Association within 30 days after the West View Estates Homeowners Association gives the Owner notice of the expenses, the sum owed to the West View Estates Homeowners Association will bear interest at the maximum rate permitted under Montana law from the date the expense was incurred by the West View Estates Homeowners Association through the date of reimbursement in full, and all such sums and interest will be a Default Assessment enforceable as provided in Article 9. _ ... ..___.. ..._. 91Page Section 6.12. Continuity of Construction. All improvements commenced on the Property will be prosecuted diligently to completion. If an Improvement is commenced and construction is then abandoned for more than ninety days, or if construction is not completed within the required twelve-month period described below in Section 7.4, then after notice and opportunity for hearing as provided in the Bylaws, the West View Estates Homeowners Association may impose a fine of not more than $50.00 per day to be charged against the Owner of the Lot until construction is resumed, or the Improvements are completed, as applicable. ARTICLE 7 PROPERTY USE RESTRICTIONS Section 7.1. General Restriction, The Property will be used only for the purposes set forth in these Covenants, as permitted by the applicable regulations of the City of Kalispell, and the laws of the State of Montana and the United States, and as set forth in the West View Estates Documents or other specific recorded covenants affecting all or any part of the Property. Section 7.2. Single -Family Residence. Upon obtaining the approval of the Architectural Review Committee, one single-family residence may be built on each Lot. Construction of the residence must be started within thirty six months of closing. Unless otherwise provided for by the Declarant. Section 7.3. Further Subdivision. Other than Lots owned by the Declarant, no Lot shall be further subdivided. Section 7.4. Temporary Buildings, Square Footage, etc. No temporary building, shack, tent, house trailer, mobile home or modular structure shall be located on any Lot. All construction, including landscaping, must be completed within twelve months from the commencement of construction. All residences must be of new construction, built on -site, and shall contain a minimum of 1,500 square feet of finished living space above grade, exclusive of garages, decks, porches or basements. All two -level residences must contain no less than 1,200 square feet of living space on the first level, exclusive of attached garages, basements, decks, and porches. All residences must have an attached garage of at least 576 square feet unless otherwise approved by the Architectural Review Committee. Section 7.5. Roofs, Siding and Colors. It is expected that all elevations will not only take advantage of the view from within the residence, but will provide pleasant views from all surrounding areas. All side and rear elevations are expected to be articulated to break up the facade into smaller elements, as well as adding the richness of shade and shadow. Large blank walls will not be allowed. Failure to provide adequate articulation and richness may be grounds for rejection of the design by the Committee. Roof Shape and Character is important to avoid vertical monotony. Slopes of 6112 or greater are to be considered for dominant roof elements and gable ends. Gentler roof pitches can be integrated for background and less conspicuous connections. Alternative configurations may 101Page also be considered to balcony roofs and dormers of all sizes as these contribute to the Duman scale. This is encouraged to provide a texture and an apparent reduction of the built mass. All overhangs and projections shall be a minimum of 16". All Solar Panels will be mounted on the roof following the same profile. Panels will be black unless otherwise approved. The Committee strongly recommends that sloping roofs be designed as sheltering and shading elements, normally with broad overhangs and strong shadow lines. Thin edges or thin fascias should be avoided. Sloped roof materials should be textural with very dark or deep color tones. Roof surfaces must be non -reflective and, in the opinion of the Committee, not visually objectionable from neighboring properties and roads. The composition of roof forms should be carefully considered. No continuous ridgelines should exceed 40 feet. Changing Roof direction and or substantial truss break should be used to break ridge line. Fascia boards are required. Rafters shall not be exposed. Wood with the look of substance is required unless otherwise approved. The placement of the various pipes and vents that penetrate the roof should be considered. Combine them in the attic space and project through roof in a common enclosed stack when possible. Where it is practical, place stacks on the roof away from the side of greatest visibility. All roof vents are to be colored to match the dominant roofing material. Colors 1. Non -reflective materials are to be used, including non-reflecting glazing. 2. Color selections shall range from white or off-white to weathered driftwood (a very light gray) through to light brown, green or related tones. The use of blue may be allowed in certain shades. 3. Materials for roofs may be sculpted architectural asphalt, flat concrete or fiber - cement tile, slate or other cut stone only. Metal roofs are not permitted. 4. Materials for wails may be stained wood or wood, painted fiber -cement lap siding and stone. Colored stucco may be incorporated for very small area as an accent only. Stucco colors are to be deeply toned rich warm grays, greens and browns; light or soft reflective tones are not acceptable. Section 7.6. Landscaping, Drainage, Grading and Irrigation. Immediately after construction, all disturbed ground must be landscaped. All lots must have underground irrigation systems. Residences should be designed to fit the existing topography of the property without excessive manipulation of the site by cut or fill. Changes in the natural grade by cutting or filling for structures, walks and driveways must be kept to a minimum to preserve the existing landform. All landscaping will need to be specific to the onsite needs of individual lots. Prior approvals will not set precedence. The ARC with the Developer oversite will make the determinations and approvals. Owners shall be responsible for irrigation, maintenance and ongoing upkeep of all Boulevards and Trees adjacent to their property. Owners will be responsible for managing Boulevard Trees as provided by the Developer and directed by the ARC. Lots that butt against the perimeter wall shall be responsible for the irrigation, 11 I P a g c maintenance and upkeep of the area between the wall and their property line. Owner will be responsible for any damage that they may cause to the exterior perimeter wall. General siting and grading principles are as follows: 1. The finish grade around the residence and any site work/prep should remain as close as possible to the original natural grade. 2. Grading may be done outside the landscaping for driveway access and site drainage. 3. Screen walls, walls not supporting a building structure or retaining earth, may not exceed five (5) feet in height measured from finish grade along the exterior side of the enclosure. A landscaping plan for each building Lot shall be submitted to the Architectural Review Committee for approval. Landscaping of the entire lot shall be complete within 90 days of occupancy or unless otherwise approved by the Architectural Review Committee in writing. In the event that soil must be imported or exported from the property, the property owner will be responsible for this cost. Import soils scheduled for use as landscape topsoil may be subject to an agricultural soil analysis at the discretion of the Architectural Review Committee. The following building Lot landscape design criteria are provided to enhance the definition of each home site. The primary goal is to protect and maximize individual property values through the implementation of a generous landscape design. These criteria must be followed to successfully receive the approvals required by the Architectural Review Committee. Drainage of individual properties must work with the existing topography and be directed toward the natural open space or drainage swale systems, developed in conjunction with the roadways. The Front Yard/Streetscape Zone is the area nearest to the neighborhood street and includes boulevard area to the back of curb and is normally at the front of the property. On corner lots this zone also extends down the side of the property parallel to the street. The landscape requirements for the front yard are: ■ Minimum two (2) Neighborhood Shade Trees (2" minimum, caliper) per lot. ■ Minimum one (1) Ornamental Accent Tree per lot. ■ Lawn area to be sodded with underground irrigation systems. ■ Boulevard Trees are provided by the Developer and are required to be installed at the time of landscaping completion. The Side/Rear Yard includes the transitional side yard area and "backyard" area adjacent to another lot or the street. The landscape requirements are:. ■ Minimum two (2) Neighborhood Shade Trees (2" minimum, caliper) per lot. ■ Minimum one (1) Ornamental Accent Tree per lot. 121 Page ■ Lawn area to be sodded with underground irrigation systems. The following is a list of acceptable trees. Neighborhood Shade / Street Trees Emerald Queen Maple Northwood Red Maple Royal Red Maple Green Mountain Sugar Maple Ohio Buckeye Common Hackberry Autumn Purple White Ash Patmore Green Ash Summit Green Ash Imperial Honeylocust Redmond Linden American Linden Glenleven Littleleaf Linden Ornamental Accent Trees Concolor Fir Amur Maple Multi -stem & Single -stern Paper Birch Single -stem Toba Hawthorn Russian Olive Dolgo Crabapple Spring Snow Crabapple Colorado Blue Spruce Quaking Aspen Single -stem Norway Spruce Austrian Pine Scotch Pine Greenspire Littleleaf Linden Amur Chokecherry Single -stem European Birdeherry Canada Red Chokesherry Single -stem The following is a list of acceptable shrubs. Deciduous Shrubs Apple Serviceberry Saskaton Seviceberry Glossy Black Chokecherry Ruby Carousel Barberry Sparkle Japanese Barberry Globe Caragana Bailey Red Twigged Dogwood Isanti Dogwood Pagoda Dogwood Meadowlark Forsythia Hydrangea PeeGee Clavey's Dwarf Honeysuckle Dart's Gold Ninebark Gold Drop Bush Cinquefoil Jackman Bush Cinquefoil Primrose Beauty Bush Cinquefoil Western Sand Cherry Nanking Cherry Canada Red Chokecherry Three Leafed Sumac Alpine Currant Austnan Copper Shrub Rose Cuthbert Grant Shrub Rose Hansa Shrub Rose Henry Kelsey Rose Magnifica Shrub Rose White Meidland Shrub Rose Princess Diana Serviceberry Regent Serviceberry Japanese Red Leaf Barberry Burgundy Carousel barberry Siberian Peashrub European Variegated Dogwood Colorado Red Osier Dogwood Hedge Peking Colonester Gray Dogwood Northern Sun Forsythia Cheyenne Privet (for hedges) Golden Mockorange Abbotswood Bush Cinquefoil Goldfinger Bush Cinquefoil Katherine Dykes Bush Cinquefoil Tangerine Bush Cinquefoil Purple Leaf Sand Cherry Double Flowering Plum Smooth Sumac Staghorn Sumac Dwarf Alpine Currant Bonica Shrub Rose FJ Grootendorst Shrub Rose Harrison Yellow Shrub Rose JP Connell Martin Frobisher Shrub Rose Morden Centennial Shrub Rose Allegheny Serviceberry Sandblow Serviceberry Crimson Pygmy Barberry Rose Glow Japanese Barberry Pygmy Caragana Mottled Dogwood Yellow Twigged Dogwood Cranberry Cotoneaster Dwarf Winged Euonymus Annabelle Hydrangea Arnold's Red Honeysuckle Minnesota Snowflake Coronation Triumph Bush Clinquiefoil Goldstar Bush Cinquefoil McKay's White Bush Cinquefoil Yellow Gem Potentilla Dwarf Russian Almond Common Chokecherry Cutleaf Smooth Sumac Cutleaf Staghom Sumac Adelaide Hoodless Rose Champion Shrub Rose Golden Wings Shrub Rose Henry Hudson Jens Munk Rose Scarlet Meidland Shrub Rose Morden Fireglow Shrub Rose 131Page Nearly Wild Shrub Rose Sir Thomas Lipto Shrub Rose Woodsii Rose Buffaloberry Anthony Waterer Spirea Froebel Spirea Goldmound Spirea Snowmound Spirea Chinese Lilac Donald Wyman Lilac Dwarf European Cranberry Bush Common Snowball Vibernum RedPrince Welgela Prairie Joy Shrub Rose Theresa Bugnet Shrub Rose Ural False Spirea Japanese White Spirea Dwarf Red Flowering Spirea Gumball Spirea Little Princess Spirea Bridalwreath Spirea Dwarf Korean Lilac Summer Glow Tamrisk Mohican Wayfaring Tree Virbumum Alfredo Compact Americana Cranberry Coniferous (Everereen) Shrubs Gold Coast Juniper Pfitzer Juniper Sea Green Juniper Repanda Juniper Youngstown Andorra Juniper Hughes Juniper Prince of Wales Juniper Wiltoni Blue Rug Juniper Broadmoor Juniper Buffalo Juniper Pepin Savin Juniper Scandia Juniper Cologreen Juniper Wichita Blue Juniper Skyrocket Juniper Oregon Grape Dwarf Albert Spruce Mugo Pine Dense Spreading Yew Nigra Yew Pygmy Globe Arborvitae Little Giant Arborvitae Techny Globe Arborvitae Woodward Globe Arborvitae Persian Yellow Shrub Rose William Baffin Rose Dwarf Blue Arctic Willow Dwarf Garland Spirea Crisp Leaf Spirea Grefsheim Spirea Norman Spirea Indian current Coralberry Miss Kim Lilac Nannyberry Viburnum Compact European Cranberry Bush Bailey Compact American Cranberry Gold Tip Pfitzer Juniper Blue Chip Juniper Icee Blue Juniper Arcadia Juniper Calgary Carpet Juniper Tamarix Juniper Blue Star Juniper Birds Nest Spruce Shrubby Swiss Mountain Pine Emerald Arborvitae Pyramidal Arborvitae Landscape areas that require irrigation should conform to the following: Buried PVC sprinkler system or the utilization of drip irrigation systems; ,Sprinklers and nozzles selected to provide water to the landscape that are compatible with their respective soils, slopes, exposure, orientation and plant types; Utilization of an automatic control system; and No overthrowing of irrigation water onto public roadways, sidewalks, neighboring homes, or trails is permitted. Section 7.7. Storage Vehicles, etc. All automobile, trailers and boat storage shall be within the side property setback and the garage. Fencing and/or heavy landscaping is required to soften this impact and must be approved by the Architectural Review Committee. Fencing will be the primary consideration. No vehicle, boat or trailer shall be allowed to park overnight in the right of way. Section 7.9. Signs. Other than signs advertising Lots or residences for sale or rent, no sign, billboard or advertising structure of any kind shall be erected, used or maintained on the Property. Signs shall be no larger than 24" square. No sign shall be placed in the Common Area. Section 7.9. Driveways. All driveways shall be concrete from the street to the garage and only one driveway entrance off the street will be permitted for each lot unless otherwise approved by the Architectural Review Committee. Lot owners are responsible to provide 6" concrete thru the sidewalk sections. ........................................................... . 141Page Section 7.10. Maintenance. All improvements located on any Lot shall be maintained in the same condition as at the time of initial construction, normal wear and tear excepted. All improvements shall be preserved and of a pleasant appearance by maintaining paint, stain or sealer as needed. If any improvement or landscaping is damaged or destroyed, the Owner shall promptly rebuild, repair and restore the structure to its appearance and condition prior to the casualty. Reconstruction or repair shall be completed within nine months of any casualty that damaged or destroyed the improvement or landscaping. Section 7.11. Fences, Gates, Screening, Hot Tubs, etc. Exterior lots that butt up to the perimeter wall shall not be allowed to extend their fences to the perimeter wall. The rear fence line must stop at the 10' easement line. The Declarant reserves the right to change the standards for fences. Hot tubs, pools, etc. must be approved by the Architectural Review Committee. 7.11.1 Fences. All fences, gates, and screening shall be tan vinyl, a maximum of five feet in height and can extend from the rear property corner to within five feet of the face of the residence or garage. A fence of a maximum of three feet in height can continue to the front property corner. All rear property line fences shall be a maximum of five feet in height. 7.11.2. Screening. Consideration as to the storage of parking of vehicles, trailers and boats is essential. All above -ground garbage and trash containers, mechanical equipment, and other outdoor maintenance and service facilities must be completely screened from adjacent lots, streets, or common spaces by tan vinyl walls, fences and gates, at least one ( 1) foot higher than the equipment, but not to exceed five feet in height. 7.11.3. Fencing Precedence. All fences will need to be specific to the onsite needs of individual lots. Prior approvals will not set precedence for future approvals. The ARC with Developer oversite will make the determinations on approvals. Section 7.12. Utilities and Lighting. All utilities shall be buried underground. There shall be no exterior antennas except for small satellite dishes, which shall be unobtrusive. Exterior lighting shall not be directed at neighboring Lots or impair the neighbors' use or enjoyment of their Lots. Section 7.14. Pets. 7.14.1 Dog runs and animal pens must be enclosed and approved by the Architectural Review Committee. To protect birds and wildlife, dogs and cats must be accompanied and on a leash at all times and will be expected to be cleaned up after when outside the lot. Plastic baggies work well, but cannot be put in the sewer. 7.14.1. No Owner shall have or keep any dog which barks or whines on regular or continuous basis, or which otherwise creates an ongoing disturbance for any other Owner. 151Page Section 7.15. Nuisances. No noxious or offensive activity shall be carried out upon any lot, nor shall anything be done thereon which is or which may become an annoyance or nuisance to other Owners. Section 7.16. Landscape Maintenance and Irrigation. All yards and landscaping shall be maintained and shall not be allowed to become unsightly. Lawns shall be mowed on a regular basis. All weeds, including noxious weeds, shall be eradicated or controlled and all Owners shall fully comply with state and local law regarding the control and eradication of noxious weeds. Undeveloped Lots must be mowed and may not be used as a dumping area for trimmings or grass clippings. Section 7.17. Garbage. No Lot shall be used or maintained as a dump site or storage ground for rubbish, trash, garbage, junk vehicles, equipment or other waste. All garbage and other waste shall be removed as reasonably necessary. Section 7.18. City Imposed Restrictions. All conditions or restrictions imposed by the City of Kalispell or the State of Montana during the subdivision process are hereby incorporated by reference. ARTICLE 8 OWNER'S OBLIGATIONS FOR MAINTENANCE Section 8. L Owner's Responsibility for Lot. All maintenance of a Lot and the Improvements located on it will be the sole responsibility of the Owner of the Lot. The West View Estates Homeowners Association will, in the discretion of the Board, assume the maintenance responsibilities of such Owner, if, in the opinion of the Board, the level and quality of maintenance being provided by such Owner is not satisfactory. Before assuming the maintenance responsibilities, the Board will notify the Owner in writing of its intention to do so, and if the Owner has not commenced and diligently pursued remedial action within 30 days after the mailing of such written notice, then the West View Estates Homeowners Association will proceed. The expenses of the maintenance by the Board will be reimbursed to the West View Estates Homeowners Association by the Owner within 30 days after the West View Estates Homeowners Association notifies the Owner of the amount due, and any sum not reimbursed within that 30 day period will bear interest at the maximum rate permitted under Montana law from the date of the expenditure until payment in full. Section 8.2. Owner's Negligence. If the need for maintenance, repair or replacement of any portion of the Common Area (including Improvements located on it) arises because of the negligent or willful act or omission of an Owner or his family member, guest, invitee or tenant, then the expenses incurred by the West View Estates Homeowners Association for the maintenance, repair or replacement will be a personal obligation of that Owner. If the Owner fails to repay the expenses incurred by the West View Estates Homeowners Association within 30 days after the notice to the Owner of the amount owed, then those expenses will bear interest at the maximum rate permitted under Montana law from the date of the advance by the 161Page West View Estates Homeowners Association until payment by the responsible Owner is paid in full. ARTICLE 9 ASSESSMENTS Section 9.1. Creation of Lien and Personal Obligation for Assessments. Except as otherwise provided by this Declaration, Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot, by accepting a deed for a Lot, is deemed to covenant to pay to the West View Estates Homeowners Association (1) the Annual Assessments imposed by the Board of Directors as necessary to generally carry out the functions of the West View Estates Homeowners Association; (2) Special Assessments for capital improvements and other purposes as stated in this Declaration; and (3) Default Assessments which may be assessed against a Lot pursuant to the West View Estates Documents for the Owner's failure to perform an obligation under the West View Estates Documents or because the West View Estates Homeowners Association has incurred an expense on behalf of or caused by the Owner under the West View Estates Documents. Notwithstanding the ownership of any Lot, the Declarant shall not be obligated to pay any of the Assessments described in this Declaration. All Assessments, together with fines, interest, costs, and reasonable attorney's (and legal assistants') fees will be a charge on the land and will be a continuing lien upon the Lot against which each such Assessment is made until paid. Each Assessment, together with fines, interest, costs, and reasonable attorney's fees and costs, will also be the personal and individual obligation of the Owner of such Lot as of the time the Assessment falls due, and two or more Owners of a Lot will be jointly and severally liable for such obligations. No Owner may exempt himself from liability for any Assessments by abandonment of his Lot or by waiver of the use or enjoyment of the Common Area. Suit to recover a money judgment for unpaid Assessment and related charges as listed above may be maintained without foreclosing or waiving the Assessment lien provided in this Declaration. Section 9.2. Purpose of Assessments. The Assessments levied by the West View Estates Homeowners Association will be used exclusively to promote the recreation, health, safety and welfare of the Owners and occupants of the West View Estates. Section 9.3. Annual Assessments, 9.3.1. Calculation of Annual Assessments. The Board of Directors will prepare a budget before the close of each fiscal year of the West View Estates Homeowners Association. Annual Assessments for Common Expenses will be based upon the estimated net cash flow requirements of The West View Estates Homeowners Association to cover items including, without limitation, the cost of routine maintenance, repair and operation of the Common Area; and premiums for insurance coverage as deemed desirable or necessary by the West View Estates Homeowners Association; snow removal, landscaping, care of grounds and 171Page common lighting within the Common Area; routine renovations within the Common Area; wages; common water and utility charges for the Common Area; legal and accounting fees; expenses and liabilities incurred by the West View Estates Homeowners Association under or by reason of this Declaration; payment of any deficit remaining from a previous Assessment period; and the supplementing of the reserve fund for general, routine maintenance, repairs and replacement of improvements within the Common Area on a periodic bases, as needed. 9.3.2. Collection. Annual Assessments will be collected in periodic installments as the Board may determine from time to time; but until the Board directs otherwise, they will be payable annually in advance on the date determined by the Board. The omission or failure of the West View Estates Homeowners Association to fix the Annual Assessment period will not be deemed a waiver, modification or release of the Owners from their obligation to pay the same. Section 9.4 Special Assessments. 9.4. L Determination by Board. The Board of Directors may levy, in any fiscal year, one or more Special Assessments, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, or, after adopting and submitting a revised budget to the West View Estates Homeowners Association as may be required to make up any shortfall in the current year's budget. 9.4.2. Apportionment and Collection of Special Assessments. The Board will apportion Special Assessments among the Lots and collect payment according to the same guidelines as set forth for Annual Assessments in Section 9.3.2. 9.4.3. Notice. Notice of the amount and due dates for such Special Assessments must be sent to each Owner at least 34 days prior to the due date. Section 9.5. Default Assessments. All monetary fines, penalties, interest or other charges or fees (excluding Annual and Special Assessments) levied against an Owner pursuant to the West View Estates Documents, or any expense of the West View Estates Homeowners Association which is the obligation of an Owner or which is incurred by the West View Estates Homeowners Association on behalf of the Owner pursuant to the West View Estates Documents, and any expense (including without limitation attorneys' fees and costs) incurred by the West View Estates Homeowners Association as a result of the failure of an Owner to abide by the West View Estates Documents, constitutes a Default Assessment, enforceable as provided in his Declaration below. Section 9.6. General Remedies of West View Estates Homeowners Association for Nonpayment of Assessment. Any installment of an Annual Assessment, Special Assessment or Default Assessment which is not paid within 30 days after its due date will be delinquent. In the event that an installment of an Annual Assessment or Special Assessment becomes delinquent, or in the event any Default Assessment is established under this Declaration, the West View 181Page Estates Homeowners Association, in its sole discretion, may take any or all of the following actions: 9.6.1. Assess a late charge for each delinquency at uniform rates set by the Board of Directors from time to time; 9.6.2. Charge interest from the date of delinquency at the maximum rate permitted under Montana law; 9.6.3. Suspend the voting rights of the Owner during any period of delinquency; 9.6.4. Accelerate all remaining Assessment installments for the fiscal year in question so that unpaid Assessments for the remainder of the fiscal year will be due and payable at once; 9.6.5. Bring an action at law against any Owner personally obligated to pay the delinquent Assessment charges; 9.6.6. File a lien on the Lot and foreclose as set forth in more detail below. 9.6.7. For a delinquent Assessment related to the provision of utilities, the utility service to the Lot may be suspended after giving the Owner ten days written notice that the service will be suspended unless the delinquent Assessment is paid. The remedies provided under this Declaration will not be exclusive, and the West View Estates Homeowners Association may enforce any other remedies to collect delinquent Assessments as may be provided by law. Section 9.7. Assessment Lien. Any Assessment chargeable to a Lot will constitute a lien on the Lot, effective the due date of the Assessment. To evidence the lien, the West View Estates Homeowners Association may, but will not be obligated to, prepare a written lien statement with respect to the Lot, setting forth the name of the Owner, the legal description of the Lot, the name of the West View Estates Homeowners Association, and the delinquent Assessment amounts then owing. Any such statement will be duly signed and acknowledged by an officer or Director of the West View Estates Homeowners Association and will be served upon the Owner of the Lot by mail to the address of the Lot or at such other address as the West View Estates Homeowners Association may have in its records for the Owner. At least ten days after the West View Estates Homeowners Association mails the statement to the Owner, the West View Estates Homeowners Association may record the statement in the office of the Clerk and Recorder of Flathead County, Montana. Thirty days following the mailing of such notice to the Owner, the West View Estates Homeowners Association may proceed to foreclose the statement of lien in the same manner as provided for the foreclosure of mortgages under the statutes of the State of Montana. .................... 191 Page Section 9.8. Successor's Liability for Assessment. All successors to the fee simple title of a Lot, except as provided in section 9.9, will be jointly and severally liable with the prior Owner or Owners thereof for any and all unpaid Assessments, interest, late charges, costs, expenses, and attorney's and legal assistants' fees against such Lot without prejudice to any such successor's right to recover from any prior Owner any amounts paid by such successor. Section 9,9 Exempt Property. The following portions of the Property will be exempt from the Assessments, charges, and liens created under the Declaration; 9.9.1. Any easement of other interest in the Property dedicated and accepted by the City of Kalispell and devoted to public use; 9.9.2. Any Lot owned by Declarant; 9.9.3. All utility lines and easements; and 9.9.4. Common Areas and Parks. Section 9.10. Statement of Status of Assessments. The West View Estates Homeowners Association will furnish to an Owner or his designee or to any Mortgagee, within fourteen days of request, a statement setting forth the amount of unpaid Assessments then levied against the Lot in which the Owner, designee or Mortgagee has an interest. Section 9.11. Failure to Assess. The omission or failure of the Board to fix the Assessment amounts or rates or to deliver or mail to each Owner an Assessment notice will not be deemed a waiver, modification or a release of any Owner from the obligation to pay Assessments. In such event, each Owner will continue to pay Annual Assessments on the same bases as for the last year for which an Assessment was made until a new Assessment is made, at which time any shortfalls in collections may be assessed retroactively by the West View Estates Homeowners Association.. ARTICLE 10 PROPERTY RIGHTS OF OWNERS Section 10.1. Owner's Easements of Access and Enjoyment. Every Owner has a perpetual, non-exclusive easement for ingress, egress and utilities to and from his Lot and for the use and enjoyment of the Common Area, which easement is appurtenant to and will pass with the title to every Lot, subject to the provisions set forth in this Declaration. Section 10.2. Delegation of Use. Any Owner may delegate, in accordance with the West View Estates Documents, its rights of access and enjoyment described in Section 10.1 above to its tenants, employees, family, guests or invitees. Section 10.3. Easements of Record and of Use. The property will be subject to all easements shown on any recorded Plat and to any other easements of record or of use as of the date of recordation of this Declaration. 201 Page ARTICLE 11 SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS Section 11.1. General Provisions. Until the expiration of the Period of Declarant Control, Declarant will have the following Special Declarant Rights: 11.1.1. Completion of Improvements. The right to complete Improvements as indicated on any Plat filed with respect to the Property. 11.1.2. Development Rights. The right to exercise all Development Rights in connection with the development of the West View Estates Project, including without limitation the right or combination of rights hereby reserved by Declarant, as follows: (i) the right to create Lots and Common Area on the Property; (ii) the right to subdivide Lots and convert Lots into Common Area on any part of the Proprety; (iii) the right to withdraw real property from West View Estate; and/or (iv) the right to annex all or part of the Expansion Property to the Project, in accordance with Article 12. 11.1.3. Sales Activities. The right to maintain sales and management offices, signs advertising West View Estates and model residences on the Common Area and on Lots owned by Declarant. 11.1.4. Easements. The right to use easements through the Common Area on the Property for the purpose of making Improvements on the Property. 11.1.5. Association Directors and Offices. The right to appoint any officer or Director of the West View Estates Homeowners Association, as provided in this Declaration or the Bylaws. 11.1.6. Order of Exercise of Declarant's Rights. Declarant makes no representations and gives no assurances regarding the legal description of the boundaries of any phase of the Property or the order or time in which the phases of the Property may be developed or incorporated in to West View Estates, or whether or to what extent any of the Property will be developed or incorporated into the Project. Further, the fact that Declarant may exercise one or more of Declarant's development rights or other Special Declarant Rights on one portion of the Property will not operate to require Declarant to exercise a Development Right or other Special Declarant Right with respect to any other portion of the Property. Section 11.2 Supplemental Provisions Regarding Declarant's Rights. Without limiting the generality of the foregoing, certain of these Special Declarant rights are explained more fully in this Article below. Further, Declarant reserves the right to amend this Declaration and any Plat in connection with the exercise of any Development Right or any other Special Declarant Right, and Declarant also reserves the additional rights retained for the benefit of Declarant in this Article and in other provisions of this Declaration. ............ 21 JPage Section 11.3. Utility Easements. There is hereby created an easement upon, across, over, in, and under the Common Area, roadways and the areas designated on the final Plat or Plats of West View Estates as utility easements for the installation, replacement, repair and maintenance of all utilities, including but not limited to water, sewer, gas, telephone, electrical, television and other communications systems. By virtue of this easement, it will be expressly permissible and proper for the companies providing utility services to install and maintain necessary equipment on and under the Common Area, the private roadways and the areas designated on the final Plat of West View Estates as Utility easements and to affix and maintain utility pipes, wires, circuits, conduits and other equipment under those areas. Any utility company using this easement will use its best efforts to install and maintain the utilities provided for without disturbing the uses of the Owners, the West View Estates Homeowners Association and Declarant; will prosecute its installation and maintenance activities as promptly and expeditiously as reasonably possible; and will restore the surface to its original condition as soon as possible after completion of its work. Should any utility company furnishing a service covered by the easement granted above request a specific easement by separate recordable document, either Declarant or the West View Estates Homeowners Association will have, and are hereby given, the right and authority to grant such easement upon, across, over, or under any part or all of the Common Area, the private roadways and the areas designated on the final Plat or Plats of West View Estates as utility easements without conflicting with the terms of this Declaration. This easement will in no way effect, avoid, extinguish, or modify any other recorded easement on the Property. Section 11.4. Reservation for Expansion and Construction. Declarant hereby reserves for itself and its successors and assigns and for Owners in all future phases of West View Estates, a perpetual easement and right-of-way for access over, upon, and across the Property for construction, utilities, drainage, ingress and egress, and for use of the Common Area. The location of these easements and rights -of -way may be made certain by Declarant or the West View Estates Homeowners Association by instruments recorded in Flathead County, Montana. Declarant further reserves the right to establish from time to time, by declaration or otherwise, utility, ingress and egress, and other easements over and across the Common Areas, and to create other reservations, exemptions, and exclusions convenient or necessary for the use and operation of any other property Declarant. Section 11.5. Reservation of Easements, Exceptions and Exclusions for Utilities, Infrastructure, and Access. Declarant reserves for itself and its successors and assigns and hereby grants to the West View Estates Homeowners Association, acting through the Board of Directors, the concurrent right to establish from time to time, by declaration or otherwise, utility and other easements, permits, or licenses over the Common Area, for purposes including but not limited to streets, paths, walkways, drainage, recreational areas and parking areas, and to create other reservations, exceptions, and exclusions in the interest of the Owners and the West View Estates Homeowners Association. Section 11.6. Maintenance Easement. An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the West View Homeowners Association, and any member of the board of Directors and their respective officers, agents, 221Page employees, and assigns, upon, across, over, in and under the Property and a right to make such use of the Property as may be necessary or appropriate to make emergency repairs or to perform the duties and functions which the 'West View Estates Homeowners Association is obligated or permitted to perform pursuant to the West View Estates Documents. Section 11.7. Drainage Easement. An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the West View Estates Homeowners Association, it officers, agents, employees, successors and assigns to enter upon, across, over, in, and under any portion of the Property for the purpose of changing, correcting, or otherwise modifying the grade or drainage channels of the Property so as to improve the drainage of water. Reasonable efforts will be made to use this easement so as not to disturb the uses of the Owner, the West View Estates Homeowners Association and Declarant, as applicable, to the extent possible; to prosecute such drainage work promptly and expeditiously; and to restore any areas affected by such work to a sightly and usable condition as soon as reasonably possible following such work. Section l l.8. Declarant's Rights Incident to Construction. Declarant, for itself and its successors and assigns, hereby retains a right and easement of ingress and egress over, in, upon, under and across the Common Area and the right to store materials thereon and to make such other use thereof as may be reasonably necessary or incident to the construction of the Improvements on the Property or other real property owned by Declarant' provided, however, that no such rights will be exercised by Declarant in such a way as to unreasonably interfere with the occupancy, use, enjoyment or access to an Owner's Lot by the Owner or his family, tenants, employees, guests or invitees. Section 11.9. Easements Deemed Created. All conveyances of Lots hereafter made, whether by Declarant or otherwise, will be construed to grant and reserve the easements contained in this Article, even though no specific reference to such easements or to this Article appears in the instrument for such conveyance. ARTICLE 12 EXPANSION AND WITHDRAWAL Section 12.1. Reservation of Right to Expand. Declarant reserves the right, but will not be obligated, to expand the effect of this Declaration to include all or part of the Expansion Property. The consent of the existing Lot Owners and Mortgagees will not be required for any such expansion, and Declarant may proceed with such expansion without limitation at its sole option. Declarant will have the unilateral right to transfer to any other person this right to expand by an instrument duly recorded. Section 12.2. Completion of Expansion. When Declarant has determined that no further property shall be added to the Project, Declarant shall notify the West View Estates Homeowners Association in writing. Until such notice is given, Declarant retains the right to designate additional property as Expansion Property. 231Page Section 12.3. Declaration of Annexation. Any expansion of the Project may be accomplished by recording a Declaration of Annexation and one or more supplemental Plats in the records of the Clerk and Recorder of Flathead County, Montana, before the expiration of the Period of Declarant Control. The Declaration of Annexation will describe the real property to be expanded, submitting it to these Covenants and provide for voting rights and Assessment allocations as provided in this Declaration. Specifically, each new Lot in the annexed area will be allocated one vote and liability for the Common Expenses equal to the liability allocated to each of the other Lots, and the proportionate voting interest and allocation of Common Expenses for the other Lots will be adjusted accordingly. Such Declaration of Annexation will not require the consent of Owners, the West View Estates Homeowners Association, or the Board of Directors, any such expansion will be effective upon the filing for record of such Declaration of Annexation, unless otherwise provided therein. The expansion may be accomplished in stages by successive supplements or in one supplemental expansion. Upon the recordation of any such Declaration of Annexation, the definitions used in this Declaration will be expanded automatically to encompass and refer to West View Estates as expanded. Such Declaration of Annexation may add supplemental covenants peculiar to the Expansion Property in question, or delete or modify provisions of this Declaration as it applies to the Expansion Property added. However, this Declaration may not be modified with respect to that portion of the Property already subject to this Declaration, except as provided below for amendment. 241Page ARTICLE 13 INSURANCE Section 13.1. Authority to Purchase. All insurance policies relating to the Common Area will be purchased by the Board of Directors or its duly authorized agent. The Board of Directors and the Declarant will not be liable for failure to obtain any coverage required by this Article or for any loss or damage resulting from such failure if such failure is due to the unavailability of such coverage from reputable insurance companies, or if such coverage is available only at demonstrably unreasonable costs. Section 13.2. General Insurance Provisions, All such insurance coverage obtained by the Board of Directors will be governed by the following provisions: 13.2.1. As long as Declarant owns any Lot, Declarant will be protected by all such policies in the same manner as any other Owner. 13.2.2. The deductible, if any, on any insurance policy purchased by the Board of Directors may be treated as a Common Expense payable from Annual Assessments or Special Assessments (allocable to all of the Lots or to only some of the Lots, if the claims for damages arise from the negligence of particular Owners, or if the repairs benefit only particular Owners), or as an item to be paid from working capital reserves established by the Board of Directors. Section 13.3. Physical Damage Insurance on Common Area. The West View Estates Homeowners Association will obtain insurance for such insurable Improvements and with such coverages, limits, deductibles and other terms and conditions as the Board may determine from time to time. Section 13.4. Liability Insurance. The West View Estates Homeowners Association may obtain a comprehensive policy of public liability insurance and property damage insurance with such coverage and limits as the Board of Directors may from time to time determine, insuring each member of the Board of Directors, the West View Estates Homeowners Association, and the respective employees, agents, and all persons acting as agents against any liability to the public or the Owners (and their guests, invitees, tenants, agents and employees) arising in connection with the ownership, operation, maintenance or use of the Common Area and streets and roads within West View Estates and any other areas under the control of the West View Estates Homeowners Association. Declarant will be included in the coverage as an additional insured in Declarant's capacity as an Owner or Director. ... 251Page ARTICLE 14 ENFORCEMENT OF COVENANTS Section 14.1. Violations Deemed a Nuisance. Every violation of this Declaration or any other violation of the West View Estates Documents is deemed to be a nuisance and is subject to all the remedies provided for the abatement of the violation. In addition, all public and private remedies allowed at law or equity against anyone in violation of these Covenants will be available. Section 14.2. Compliance. Each Owner or other occupant of any part of the Property will comply with the provisions of the West View Estates Documents as the same may be amended from time to time. Section 14.3. Failure to Comply. Failure to comply with the West View Estates Documents will be grounds for an action to recover damages or for injunctive relief to cause any such violation to be remedied, or both. Reasonable notice and an opportunity for a hearing as provided in the Bylaws will be given to the delinquent party prior to commencing any legal proceedings. Section 14.4. Who May Enforce. Any action to enforce the West View Estates Documents may be brought by Declarant or the Board in the name of the West View Estates Homeowners Association on behalf of the Owners. If, after a written request from an aggrieved Owner, none of the foregoing persons or entities commences an action to enforce the West View Estates Documents, then the aggrieved Owner may bring such an action. Section 14.5. Nonexclusive Remedies. All the remedies set forth herein are cumulative and not exclusive. Section 14.6. No Waiver. The failure of the Board of Directors, Declarant, or any aggrieved Owner to enforce the West View Estates Documents in any one or more instances will not be deemed a waiver of the right to do so for any subsequent violations or of the right to enforce any other part of the West View Estates Documents at any future time. Section 14.7. No Liability. No member of the Board of Directors, the Declarant or any Owner will be liable to any other Owner for the failure to enforce any of the West View Estates Documents at any time. Section 14.8. Recovery of Costs. If legal assistance is obtained to enforce any of the provisions of the West View Estates Documents, or in any legal proceeding (whether or not suit is brought) for damages or for the enforcement of the West View Estates Documents or the restraint of violations of the West View Estates Documents, the prevailing party will be entitled to recover all costs incurred by it in such action, including reasonable attorneys' fees (and legal assistant's fees) and costs as may be incurred, or if suit is brought, as may be determined by the court. 261Page ARTICLE 15 RESOLUTION OF DISPUTES If any dispute or question arises between Members or between Members and West View Estates Homeowners Association or relating to the interpretation, performance or nonperformance, violation, or enforcement of the West View Estates Documents, such dispute or violation may be subject to a hearing and determination by the Board in accordance with the procedures set forth in the Bylaws. ARTICLE 16 DURATION OF THESE COVENANTS AND AMENDMENT Section 16.1. Term. This Declaration and any amendments or supplements hereto will remain in effect from the date of recordation until the 30'' anniversary of the date this Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana. Thereafter these Covenants will be automatically extended for five successive periods of 10 years each, unless otherwise terminated or modified as provided below. Section 16.2. Amendment. Subject to Section 16.3 this Declaration, or any provision of it, may be terminated, extended, modified or amended, or revoked as to the whole or any portion of the Property as follows: 16.2.1. Prior to Sale of Lots. Prior to the sale of any Lot, the Declarant (including a Successor Declarant) may terminate, extend, modify, amend or revoke this Declaration as to the whole or any portion of the Property by recording in the records of Flathead County, Montana, a document signed by the Declarant stating the action taken. 16.2.2. After Sale of Lots but During Period of Declarant Control. After the sale of a Lot but before expiration of the Period of Declarant Control, Declarant (including any Successor Declarant) may terminate, extend, modify, amend or revoke this Declaration as to the whole or any portion of the Property. A copy of the document stating the action intended to be taken by the Declarant and a notice of the Owners' rights under this Section shall be mailed to each Owner by first class mail, postage prepaid, to the address of the Owner on the records of the West View Estates Homeowners Association. Unless written objection is received by the Declarant from the Owners holding ninety percent (90%) of the Owners objected to the action. 16.2.3. After the Period of Declarant Control. After the Period of Declarant Control, this Declaration, or any provision of it, may be terminated, extended, modified or amended, or revoked as to the whole or any portion of the Property upon the written consent of Owners holding 67% or more of the votes in the West View Estates Homeowners Association. Any document will be immediately effective upon recording in the records of Flathead County, Montana, a copy of such executed and acknowledged by the necessary number of Owners, or alternatively, upon the recording in the records of Flathead County, Montana, of a copy of the document together with a certificate signed by an officer of 27�Pagc the West View Estates Homeowners Association stating that the required number of consents of Owners were obtained. Section 16.3. Declarant's Approval. Notwithstanding the provisions of Section 16.2, no termination, extension, modification or amendment of this Declaration will be effective in any event during the Period of Declarant Control unless the written approval of Declarant is first obtained. Section 16.4. Effect of Amendments. Amendments made pursuant to this Section will inure to the benefit of and be binding upon all Owners, their families, guests, invitees and employees, and their respective heirs, successors, and assigns. Joiner of the First Mortgagees shall not be required in order to effect an amendment. ARTICLE 17 MISCELLANEOUS PROVISIONS Section 17. L SeverabiIity. This Declaration, to the extent possible, will be construed or reformed so as to give validity to all of its provisions. Any provision of this Declaration found to be prohibited by law or unenforceable will be ineffective to the extent of such prohibition or unenforceability without invalidating any other part hereof. Section 17.2. Construction. In interpreting words in this Declaration, unless the context will otherwise provide or require, the singular will include the plural, the plural will include the singular, and the use of any gender will include all genders. Section 17.3. Headings. The headings are included only for purposes of convenient reference, and they will not affect the meaning or interpretation of this Declaration. Section 17.4. Waiver. No failure on the part of the West View Estates Homeowners Association or the Board to give notice or default or to exercise or to delay in exercising any right or remedy will operate as a waiver, except as specifically provided above in the event the Board fails to respond to certain requests. No waiver will be effective unless it is in writing and signed by the President or Vice President of the Board on behalf of the West View Estates Homeowners Association. Section 17.5. Limitation of Liability. Neither the Declarant, the West View Estates Homeowners Association nor any partner, officer or member of either the Declarant or the Board will be liable to any party for any action or for any failure to act with respect to any matter arising by, through or under the West View Estates Documents if the action or failure was made in good faith. The West View Estates Homeowners Association will indemnify all of the officers and Board members with respect to any act taken in their official capacity to the extent provided in this Declaration and by law and in the Articles of Incorporation and Bylaws. Section 17.6. Conflicts Between Documents. In case of conflict between this Declaration and the Articles of Incorporation or the Bylaws, this Declaration will control. In 281Page case of conflict between the Articles of Incorporation and the Bylaws, the Articles of Incorporation will control. Section 17.7. Assignment. Declarant may assign all or any part of the Special Declarant Rights or any of Declarant's other rights and reservations hereunder to any successor who takes title to all or part of the Property in a bulk purchase for the purpose of development and sale. Such successor will be identified, the particular rights being assigned will be specified, and, to the extent required, concomitant obligations will be expressly assumed by such successor, all in a written instrument duly recorded in the records of the Clerk and Recorder of Flathead County, Montana. IN WITNESS WHEREOF, Declarant has signed this Declaration on the Date shown above. By: Owl Corporation, Mark G. Owens, Secretary/Treasurer STATE OF MONTANA ) :ss County of Flathead ) .�- This instrument Was acknowledged before me on this 7th day of (X l�, �DZ3 , as the true and free act of Owl Corporation, by Mark G. Owens, the Secretary/Treasurer of Owl Corporation, in accordance with the Articles of Incorporation of Owl Corporation, filed with the State of Montana. OR R`5/, NOTARY REITZEL / TAR/lJv PUBLIC for the SEAL State of Montana Notary Public for the State of Mo tom. 03, Residing at Kaffspeli, MT VA MY MO��p� My C4mmissfon Expires May 19, 2027 291Pagc