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Stillwater Bend Ph 1 Final Plat
Planning Department 201 1" Avenue East 11!!11111?100%Kalispell, MT 59901 CITYof Phone: (406) 758-7940 Fax:39KALISPELL www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: Final plat request for Stillwater Bend Phase 1 MEETING DATE: July 3, 2023 BACKGROUND: Jackola Engineering has submitted a request, on behalf of Stillwater Bend, LLC, for final plat approval of Stillwater Bend Phase 1. The subdivision contains 15 commercial lots on approximately 25.45 acres. The property is located near the intersection of Highway 93 North and Rose Crossing and can generally be described as a portion of Tract 3 of Certificate of Survey Number 12011 in the north half of the northeast quarter of Section 25 and all that part of the north half of the northeast quarter lying easterly and northerly of the center of the Stillwater River of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. A specific metes and bounds description is attached to the compliance letter as Exhibit A. The City Council approved the preliminary plat with 36 conditions in February 2020 (Resolution 5964) and provided an extension in January 2023 (Resolution 6115). All of the conditions have been met or adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval. All infrastructure has been installed and accepted or bonded for. A subdivision improvement agreement in the amount of $1,190,970.41 secured by an escrow agreement is included for the Council's consideration. Additionally, there is an agreement for Council's consideration relating to the pumps for the private sanitary sewer lift station. Local subdivision regulations state that all public sewer infrastructure necessary to serve the lots be installed prior to final plat and cannot be bonded for. As has been an issue with a number of items over the past couple of years, supply chains and backorders have been a problem for construction projects. In this case, but for a delay in the delivery of the pumps and associated improvements, the final plat would be at a point where it would meet all standard requirements. There is a sale of the subdivision that is contingent on final plat with a deadline that cannot be delayed. The agreement is intended to allow the sale to move forward given the supply chain situation while providing protections to the City ensuring that the infrastructure will be completed before any building would need to connect to services. The full agreement is attached and the primary terms of the agreement are as follows: 1) That documentation be provided confirming that the pumps are on order, along with the projected delivery date represented to the City. 2) That no certificates of occupancy or substantial completion for any building will be issued by the City until such time as the lift station improvements are completed, certified, and approved by the City of Kalispell Public Works Department. 3) That no water meters will be installed for any lot until such time as the lift station improvements are completed, certified, and approved by the City of Kalispell Public Works Department. 4) That impact fees will be paid at the time a building permit is issued. RECOMMENDATION: It is recommended that the City Council make a motion to approve the final plat for Stillwater Bend Phase 1, as well as the subdivision improvement agreement and lift station agreement. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: June 14, 2023 c: Aimee Brunckhorst, Kalispell City Clerk CITY OF KALISPELL June 12, 2023 Doug Russell, City Manager City of Kalispell 201 1st Ave E Kalispell, MT 59901 Re: Final Plat request for Stillwater Bend Phase 1 Dear Doug: Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Jackola Engineering has submitted a request, on behalf of Stillwater Bend, LLC, for final plat approval of Stillwater Bend Phase 1. The subdivision contains 15 commercial lots on approximately 25.45 acres. The property is located near the intersection of Highway 93 North and Rose Crossing and can generally be described as a portion of Tract 3 of Certificate of Survey Number 12011 in the north half of the northeast quarter of Section 25 and all that part of the north half of the northeast quarter lying easterly and northerly of the center of the Stillwater River of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. A specific metes and bounds description is attached as Exhibit A. The City Council approved the preliminary plat with 36 conditions in February 2020 (Resolution 5964) and provided an extension in January 2023 (Resolution 6115). All of the conditions have been met or adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval. All infrastructure has been installed and accepted or bonded for. A subdivision improvement agreement in the amount of $1,190,970.41 secured by an escrow agreement is included for the Council's consideration. Additionally, there is an agreement for Council's consideration relating to the pumps for the private sanitary sewer lift station. Local subdivision regulations state that all public sewer infrastructure necessary to serve the lots be installed prior to final plat and cannot be bonded for. As has been an issue with a number of items over the past couple of years, supply chains and backorders have been a problem for construction projects. In this case, but for a delay in the delivery of the pumps and associated improvements, the final plat would be at a point where it would meet all standard requirements. There is a sale of the subdivision that is contingent on final plat with a deadline that cannot be delayed. The agreement is intended to allow the sale to move forward given the supply chain situation while providing protections to the City ensuring that the infrastructure will be completed before any building would need to connect to services. The full agreement is attached and the primary terms of the agreement are as follows: 1) That documentation be provided confirming that the pumps are on order, along with the projected delivery date represented to the City. 2) That no certificates of occupancy or substantial completion for any building will be issued by the City until such time as the lift station improvements are completed, certified, and approved by the City of Kalispell Public Works Department. 3) That no water meters will be installed for any lot until such time as the lift station improvements are completed, certified, and approved by the City of Kalispell Public Works Department. 4) That impact fees will be paid at the time a building permit is issued. COMPLIANCE WITH CONDITIONS OF APPROVAL 1. The Planned Unit Development for Stillwater Bend allows the following deviations from the Zoning Regulations: a) Kalispell Zoning Ordinance, Section 27.20.029(3) — Allows a reduction of the entrance corridor highway buffer from 100-feet to 50-feet. Staff Response: This condition has been met. The 50 foot buffer is provided. 2. The Planned Unit Development for Stillwater Bend allows the following deviations from the Kalispell Subdivision Regulations: a. Kalispell Subdivision Regulations, Section 28.3.07(B)(1) — Allows a reduction in Stillwater River setback from 200-feet to the setback line determined by the geotechnical report, provided the setback cannot be less than 100-feet. Staff Response: This condition has been met. Per the applicant, a geotechnical report performed by Slopeside Engineering provided a recommended setback line based upon a slope stability analysis. The recommended geotechnical setback along with the 100-foot minimum setback have been met per the approved plans. 3. A 100-foot Stillwater River setback shall be restored with native riparian habitat. A landscape plan shall be submitted by a specialist (landscape architect, engineer, hydrologist, botanist, scientist, etc.) with experience in riparian area restoration. The landscape plan shall be approved by the Parks and Recreation Director in addition to any other applicable governmental agencies prior to final plat. Staff Response: This condition has been met. River Design Group prepared a landscaping plan that was reviewed by the appropriate agencies. A certification dated June 6, 2023, from RDG stated that the restoration project has been implemented as designed. 4. As part of the engineering review process, the City of Kalispell shall have the option to submit the geotechnical analysis to a third party for review. Staff Response: This condition has been met. Public Works provided a letter dated June 12, 2023, stating that the third party analysis was completed. 5. Architectural renderings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit. Building design shall be provided as listed below: a. Four sided architecture is required for all structures and buildings. Large, rectangular masses should be avoided by incorporating offsets in the wall and roof. A change in the plane of the walls, changing the direction or providing some variety in the roof form gives diversity and visual interest. b. Entries should be a prominent component of the building face by providing an architectural covered or recessed entry with modified roof accent and increased usage of windows and trim. C. Franchise architecture may be subject to modification to achieve the building style obj ectives. d. The design of gas pump islands shall be architecturally integrated with other structures on -site using similar colors, materials and architectural detailing. e. All roof mounted equipment, i.e. HVAC, should be shielded from all views. Staff Response: This condition is not applicable. The architectural standards would apply at the time of a building permit. Currently, the only building on site is the lift station, which did receive a building permit, including architectural review approval. 6. Free standing signage within the common area adjacent to the highway shall be limited to one monument sign as defined in Section 27.20.29(l)(b). The sign shall be limited to 22-feet in height and 90 square feet per face. The sign shall also function as a common monument sign for the development. Staff Response: This condition is not applicable. There are no signs as part of the subdivision and future signage will be required to meet signage requirements. 7. Lots within the development shall be limited to the sign standards applicable to the B-2 Zone, except for Lots adjacent to the common area, currently shown as Lots 1, 5, 9, 12, 14, and 15. Free standing signage on those lots shall be limited to 6-feet in height and 36 square feet per face and located to the west of the building constructed on the lots. Staff Response: This condition is not applicable. There are no signs as part of the subdivision and future signage will be required to meet signage requirements. 8. Buildings on Lots 1, 5, 9, 12, 14, and 15 shall be limited to 45-feet in height. Staff Response: This condition is not applicable. It will be reviewed in conjunction with the building permits for the properties. 9. The storm water pond shall be designed in a way that it becomes a visual interest to the development. Chain link fencing surrounding the retention pond as the dominant fixture is prohibited. The developer shall work closely with the Parks Department and Public Works to come up with a design that is both visually appealing and meets the required safety guidelines. It is intended that when the project is developed the pond will act as a recreational feature and extension of the Stillwater River buffer, rather than a private maintenance utility facility. Staff Response: This condition has been met. Public Works provided a letter dated June 12, 2023, stating that the pond was designed appropriately. 10. An 8-foot impervious path shall be constructed within the common area connecting the unnamed north/south City street to Phase 2 to the west. Staff Response: This condition has been met. Public Works provided a letter dated June 12, 2023, stating that the path was installed. 11. 5-foot sidewalks shall be constructed within the private drives accessing Lots 1-8. Staff Response: This condition is adequately addressed. Public Works provided a letter dated June 12, 2023, stating that the sidewalks are to be built in conjunction with the lot development. 12. Direct access onto Rose Crossing shall be prohibited. Staff Response: This condition has been met. A note was placed to that effect on the face of the plat. 13. 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. It is in substantial compliance with the plans and conditions. 14. 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 February 3, 2020, and a two-year extension was granted on January 3, 2023. The plat remains valid. 15. 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. Public Works provided a letter dated June 12, 2023, stating that the plans were reviewed and approved. 16. 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. Both City of Kalispell and DEQ approvals were submitted. 17. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. Staff Response: This condition has been met. The applicant submitted letters dated May 13, 2022, from Public Works, and dated February 22, 2023, from DEQ approving the plans. 18. Water mains shall not terminate in dead ends. Staff Response: This condition has been met. Public Works provided a letter dated June 12, 2023, stating that the mains meet city standards. 19. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. Street designs shall meet the city standards for design and construction. Staff Response: This condition has been met. The applicant submitted a letter dated May 13, 2022, from Public Works approving the plans. 20. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. Staff Response: This condition has been met. Public Works provided a letter dated June 12, 2023, stating that the infrastructure has been completed, bonded for, or otherwise addressed. 21. The developer shall obtain an approach permit from the Montana Department of Transportation (MDT) for approaches onto U.S. 93 North. If any improvements are necessary at the intersection of the roadways, these improvements shall be completed to the satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the city. Staff Response: This condition has been met. The applicant submitted the appropriate documentation from MDT. 22. Prior to final plat all mitigation required as part of the approved traffic impact study shall be completed. All improvements shall be reviewed and approved by either the Public Works Department or Montana Department of Transportation. A letter from the Kalispell Public Works Department or Montana Department of Transportation shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or State of Montana. If infrastructure work has not been accepted, a letter stating that a proper bond has been accepted for the unfinished work by the appropriate agency is required. Staff Response: This condition has been met. Public Works provided a letter dated June 12, 2023, stating that the recommended mitigation has been completed. 23. All existing and proposed easements shall be indicated on the face of the final plat. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. Staff Response: This condition has been met. Public Works provided a letter dated June 12, 2023, stating that the easements are shown. 24. 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. 25. 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. A copy of a letter from the USPS dated July 21, 2020, was submitted by the applicant. 26. A property owners' association (POA) shall be formed and established for the common areas prior to final plat. The POA should include provisions for the maintenance of all common areas. Staff Response: This condition has been met. The applicant submitted covenants which include provisions for maintenance of common areas. 27. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to final plat. Staff Response: This condition has been met. A letter from the Fire Department dated December 10, 2022, was submitted. 28. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision, common area, and highway buffer. Staff Response: This condition has been met. A letter from the Parks Department dated September 16, 2022, was submitted. 29. 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. 30. 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. Public Works provided a letter dated June 12, 2023, stating that the engineers estimate indicates that the minimum 2/3 threshold has been met. 31. All utilities shall be installed underground. Staff Response: This condition has been met. Public Works provided a letter dated June 12, 2023, stating that the utilities have been appropriately installed. 32. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition is adequately addressed. The applicant stated that disturbed areas will be revegetated as specified in the approved landscape plan. 33. A 310 permit shall be obtained from the Montana Department of Natural Resources and Conservation —Conservation District Bureau, for any disturbances/and or improvements adjacent the Stillwater River. Staff Response: This condition has been met. A copy of the 310 permit was submitted by the applicant. 34. An approval from the Army Corps of Engineers shall be obtained for work adjacent the Stillwater River. Staff Response: This condition has been met. A copy of a letter from the Corps dated April 5, 2023, stating that a permit was not required was submitted by the applicant. 35. The developer shall work with Eagle Transit to establish bus stop location(s) within the development. Bus stop location(s) shall be improved in accordance with Eagle Transit's requirements, which may include a bus shelter. This condition is waived if Eagle Transit provides a letter in writing that it will not serve the development. Staff Response: This condition has been met. The applicant submitted a letter from Mountain Climber dated November 11, 2022, stating that they are not serving the area. 36. Any water rights associated with the property shall be transferred to the City of Kalispell. The water rights shall be allocated proportionally for each phase of the development prior to final plat. Staff Response: This condition has been met. Public Works provided a letter dated June 12, 2023, stating that a quitclaim deed transferring proportionate water rights for Phase 1 was provided to the City and will be filed concurrently with the final plat. COMPLIANCE WITH THE SUBDIVISION REGULATIONS This subdivision plat has been found to be in compliance with the State and City subdivision regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the B-2 (General Business) zoning with a Planned Unit Development overlay for the property. RECOMMENDATION: It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. It is recommended that the Kalispell City Council approve the final plat, subdivision improvement agreement, and lift station agreement for Stillwater Bend Phase 1. Attachments: - Two mylars of final plat - Copy of final plat - Subdivision Improvement Agreement and Engineers Estimate - Lift Station Agreement - Applicant responses and final plat application - Flathead County tax certification dated 5/12/23 - Fidelity National Title Insurance Guarantee FT1585-223807 dated 5/5/23 - Consent to Plat for First Interstate Bank - Letters from Public Works dated 5/13/22 and 6/12/23 - Kalispell Stormwater permit dated 11/1/21 - DEQ letters dated 9/15/22; 2/22/23; and 11/18/22 - DEQ NOI dated 10/23/21 - Parks letter dated 9/16/22 - Fire Dept letter dated 12/10/22 - USPS letter dated 7/21/20 - Mountain Climber letter dated 11/22/22 - MDT Approach and Encroachment permits dated 10/5/22 - Water rights documentation - 310 permits dated 8/24/20; 12/13/21; and 1/18/23 - Floodplain Development permit dated 2/14/23 - Floodplain compliance certification dated 6/12/23 - Corps of Engineers letter dated 4/5/23 - RDG Mitigation certification dated 6/6/23 - CCRs and Articles of Incorporation c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: 7ackola Engineering 2250 Hwy 93 South Kalispell, MT 59901 EXHIBIT A A TRACT OF LAND LOCATED W THE NORTHEAST QUARTER OF THE NORTHEA5T QUARTER OF SECTION 25, TOWN5HJP 29 NORTH, RANGE 22 WEST, PRJNCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE SOUTHWEST WEST CORNER OF NORTHERN PINES COMMUNITY, A PLAT OF RECORD IN THE FILES OF FLATHEAD COUNTY CLERK AND RECORDER, THENCE N89-57'37"E, A DISTANCE OF 200.41 FEET TO THE POINT OF BEGINNING, THENCE N89'57'37"E, A DI5TANCEOF 980,80 FEET TO A POINT ON THE WEST RIGHT-OF-WAY BOUNDARY OF U.S. HIGHWAY NO. 93; THENCE ON AND ALONG SAID RIGHT-OF-WAYBOL)NOARY THE FOLLOWING THREE (3) COURSES; SOOm22'43"W, 820.08 FEET; 513°24'59"E, 41.22 FEET; 500°23'05"W, 468.39 FEET TO THE NORTHEAST CORNER OF THAT TRACT SHOWN AND DESCRIBED ON CERTIFICATE OF SURVEY NO, 7068, RECORDS OF FLATHEAD COUNTY, MONTANA; THENCE ON AND ALONG THE NORTH BOUNDARY OF SAID TRACT N89a54'58"W, A DJSTANCE OF 333.0 FEET, MORE OR LESS, TO THE APPROXIMATE CENTERLINE OF THE STILLWATER RIVER; THENCE ON AND ALONG SAID CENTERLINE THE FOLLOWING FIVE [S) COURSES, N11`59'W, 35.1 FEET; N28"30'W, 168.I FEET; N60"23''W, 654.6 FEET; N29`28'W, 94.3 FEET; N25"45'W, 81.3 FEET; THENCE N89'57'37"E AND LEAVING SAID CENTERLINE, A DISTANCE OF 90.0 FEET, MORE OR LESS; THENCE N00'02'23"W, A DISTANCE OF 666.51 FEET TO THE POINT OF BEGINNING. THIS TRACT CONTAINS 2S.446 ACRES, SUBJECT TO AND TOGETHER WITH ALL EASEMENTS SHOWN HEREON AND ALL APPURTENANT EASEMENTS AND ENCUMBRANCES APPARENTAND OF RECORD. eJ \ \� z J O U Y 1 w ui Q � o � r o W ti a F a m n � W p Off. a l= d � o J o a O s5� �i - 3 5' mza ,Doan _ ,Dom. az� N; 0� o V� W� J�I L \ao ,non �..iso.ons = rcce ,.,�,rc,Fex mrc. uoari SIOZI '9'0'3 E I — ILL AlINCINNOO Sq NTd NHaHJ,2ION o, o, Return to: Aimee Brunckhorst Kalispell City Clerk 201 1" Avenue East Kalispell, MT 59901 APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 16 day of June , 2023 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and _Stillwater Bend, LLC (Name of Developer) a Limited Liability Company (Individual, Company or Corporation) located at Limited Liability 341 W Second Street STE 1, SanBernardino, CA 92401 , (Street Address/P. O. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Stillwater Bend - Phase 1 _ T (Name of Subdivision) located at NE 1/4 of Section 25, T. 29 N.,P.M.,M., (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Stillwater Bend - Phase 1 , upon the conditions as set forth (Name of Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A'; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $ 952.776.33 NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $ 1,190,970.41 . Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $ 1,190,970.41 the estimated cost of completing the required improvements in Stillwater Bend - Phase 1 . (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by March 31 , 20 24 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of two (2) years from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. Stillwater Bend, LLC _ (Name of Subdivision/Developer/Firm) b y 0 5 V� �" �;/ d- 13 - 2o.2 R ame) * Cw bGR (Title) STATE OF MONTANA COUNTY ff- On this i `T^ day of +- , 20 Z3 , before me, a Notary Public for the State of Montana, ersonally appeared jjT0Ao�9 CoGSSvu [ 5 known to me to be the of is4i tXvJAW— 16" / L-L-C— whose name is subscribed to ft foregoing ins met t and acknowledged to me that he/she executed the same. S WH%E'QF, I have hereunto set my hand and affixed my Notarial Seal this day and year Res My MAYOR, CITY 4he;State � tana Ni Expires l - g~ - ELL ATTEST: STEPHEN M PETRINI NOTARY PUBLIC for the State of Montana SEAL * Residing at Kalispell, Montana �' • MY Commission Expires October 8, 2025 MAYOR CITY CLERK EXHIBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT B This agreement specifically includes the following improvements and their estimated construction costs. Exhibit A RESOLUTION NO.5964 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF STILLWATER BEND PHASE 1, DESCRIBED AS 25 ACRES GENERALLY LOCATED IN THE EAST HALF OF ASSESSOR TRACT IF IN SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Spartan Holdings, LLC, the owner of the certain real property described above, has petitioned for approval of the Subdivision Plat of said property; and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on January 14, 2020 on the proposal and reviewed Subdivision Report #KPP-19-02 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Stillwater Bend Phase l subject to certain conditions and recommendations; and WHEREAS, the city council of the City of Kalispell at its regular council meeting of February 3, 2020, reviewed the Kalispell Planning Department Report #KPP-19-02, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-19-02 are hereby adopted as the Findings of Fact of the city council. SECTION 2. That the application of Spartan Holdings, LLC, for approval of the Preliminary Plat of Stillwater Bend Phase I, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: The Planned Unit Development for Stillwater Bend allows the following deviations from the Zoning Regulations: a) Kalispell Zoning Ordinance, Section 27.20.029(3) — Allows a reduction of the entrance corridor highway buffer from 100-feet to 50-feet. 2. The Planned Unit Development for Stillwater Bend allows the following deviations from the Kalispell Subdivision Regulations: a. Kalispell Subdivision Regulations, Section 28.3.07(B)(1) --Allows a reduction in Stillwater River setback from 200-feet to the setback line determined by the geotechnical report, provided the setback cannot be less than 100-feet. 3. A 100-foot Stillwater River setback shall be restored with native riparian habitat. A landscape plan shall be submitted by a specialist (landscape architect, engineer, hydrologist. botanist, scientist, etc.) with experience in riparian area restoration. The landscape plan shall be approved by the Parks and Recreation Director in addition to any other applicable governmental agencies prior to final plat. 4. As part of the engineering review process, the City of Kalispell shall have the option to submit the geotechnical analysis to a third party for review. 5. Architectural renderings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit. Building design shall be provided as listed below: a. Four sided architecture is required for all structures and buildings. Large, rectangular masses should be avoided by incorporating offsets in the wall and roof. A change in the plane of the walls, changing the direction or providing some variety in the roof form gives diversity and visual interest. b. Entries should be a prominent component of the building face by providing an architectural covered or recessed entry with modified roof accent and increased usage of windows and trim. c. Franchise architecture may be subject to modification to achieve the building style objectives. d. The design of gas pump islands shall be architecturally integrated with other structures on -site using similar colors, materials and architectural detailing. e. All roof mounted equipment, i.e. HVAC, should be shielded from all views. 6. Free standing signage within the common area adjacent to the highway shall be limited to one monument sign as defined in Section 27.20.29(1)(b). The sign shall be limited to 22-feet in height and 90 square feet per face. The sign shall also function as a common monument sign for the development. 7. Lots within the development shall be limited to the sign standards applicable to the B-2 Zone, except for Lots adjacent to the common area, currently shown as Lots 1, 5, 9, 12, 14, and 15. Free standing signage on those lots shall be limited to 6-feet in height and 36 square feet per face and located to the west of the building constructed on the lots. Buildings on Lots 1, 5, 9, 12, 14, and 15 shall be limited to 45-feet in height. 9. The storm water pond shall be designed in a way that it becomes a visual interest to the development. Chain link fencing surrounding the retention pond as the dominant fixture is prohibited. The developer shall work closely with the Parks Department and Public Works to come up with a design that is both visually appealing and meets the required safety guidelines. It is intended that when the project is developed the pond will act as a recreational feature and extension of the Stillwater River buffer, rather than a private maintenance utility facility. 10. An 8-foot impervious path shall be constructed within the common area connecting the unnamed north/south City street to Phase 2 to the west. 11. 5-foot sidewalks shall be constructed within the private drives accessing Lots 1-8. 12. Direct access onto Rose Crossing shall be prohibited. 13. 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. 14. The preliminary plat approval shall be valid for a period of three years from the date of approval. 15_ 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. 16. 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. 17. 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. 18. Water mains shall not terminate in dead ends. 19. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. Street designs shall meet the city standards for design and construction. 20. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. 21. The developer shall obtain an approach permit from the Montana Department of Transportation (MDT) for approaches onto U.S. 93 North. If any improvements are necessary at the intersection of the roadways, these improvements shall be completed to the satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the city. 22. Prior to final plat all mitigation required as part of the approved traffic impact study shall be completed. All improvements shall be reviewed and approved by either the Public Works Department or Montana Department of Transportation. A letter from the Kalispell Public Works Department or Montana Department of Transportation shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or State of Montana. If infrastructure work has not been accepted, a letter stating that a proper bond has been accepted for the unfinished work by the appropriate agency is required. 23. All existing and proposed easements shall be indicated on the face of the final plat. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 24. 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 25. 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. 26. A property owners' association (POA) shall be formed and established for the common areas prior to final plat. The POA should include provisions for the maintenance of all common areas. 27. 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. 28. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision, common area, and highway buffer. 29. A note shall be placed on the final plat indicating a waiver of the right to protest creation of 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. 30. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 31. All utilities shall be installed underground. 32. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 33. A 310 permit shall be obtained from the Montana Department of Natural Resources and Conservation — Conservation District Bureau, for any disturbances/and or improvements adjacent the Stillwater River. 34. An approval from the Army Corps of Engineers shall be obtained for work adjacent the Stillwater River. 35. The developer shall work with Eagle Transit to establish bus stop location(s) within the development. Bus stop location(s) shall be improved in accordance with Eagle Transit's requirements, which may include a bus shelter. This condition is waived if Eagle Transit provides a letter in writing that it will not serve the development. 36. Any water rights associated with the property shall be transferred to the City of Kalispell. The water rights shall be allocated proportionally for each phase of the development prior to final plat. SECTION 3. Upon proper review and filing of the Final PIat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 3RD DAY OF FEBRUARY 2020. ATTEST: Ai ee Brunckhorst, CMC City Clerk Mark Johns n Mayor ff '' � .'' • s'�p 'ter r• SEAL �Ot &92 IVT AP .�`�� RESOLUTION NO.6115 A RESOLUTION APPROVING A TWO-YEAR EXTENSION TO THE PRELIMINARY PLAT OF STILLWATER BEND PHASE 1 SUBDIVISION. WHEREAS, the City Council of the City of Kalispell granted preliminary plat approval for Stillwater Bend Phase i on February 3, 2020; and WHEREAS, the developers, Spartan Holdings, LLC, have requested a two-year extension to the preliminary plat of Stillwater Bend Phase 1 due to supply chain issues and winter weather; and WHEREAS, good cause exists for the request for extension by Spartan Holdings, LLC and it is in the best interests of the city that the extension be given. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION 1. That the application of Spartan Holdings, LLC, for a two-year extension of the preliminary plat of Stillwater Bend Phase I Subdivision, Kalispell, Flathead County, Montana is hereby approved. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 3RD DAY OF JANUARY, 2023. ATTEST: Ainke Brunckhorst, CMC City Clerk V_—, Mark Johnsoh a Mayor ``ollirrill/�''' < -•.!Lip NAP: Exhibit 8 - Stillwater Bend- Phase 1 Engineers Estimate 6 12 2023 10 MOBILIZATION 1 LS $ 54,000.00 $ 54,000.00 75% S 40,500.00 20 SWPPP 1 LS $ 6,300.00 $ 6,300.00 1D0% $ 6,300.00 30 WATTLES 1,400 LF $ 4.02 $ 5,628.00 60% $ 3,376.80 40 SILT FENCE 2,ODD LF $ 2.88 $ 5,760.00 100% $ 5,760.00 50 TRACKING PAD 2 EA $ 2,100.00 $ 4,200.00 100% $ 4,200.00 60 INLET PROTECTORS 39 EA $ 62.00 $ 2,418.00 0% $ - 70 SURVEY STAKING 1 LS $ 32,305.63 $ 32,305.63 95% $ 30,690.35 75 ADDITIONAL SURVEY STAKING 1 LS $ 9,700.00 $ 9,700.00 100% $ 9,700.D0 80 DEMO EXISTING FENCE 52 LF $ 5.30 $ 275.60 100% $ 275.60 90 REMOVE EXIST STRM PIPE/SALV ST 103 LF $ 7.18 $ 739.54 100% $ 739.54 95 CAP & ABANDON EXIST STORM 1 LS $ 785.00 $ 785.00 100% $ 785.00 100 DEMO EXISTING GRAVEL 192 CY $ 9.10 $ 1,747.20 100% $ 1,747.20 110 SAWCUT & REMOVE ASPHALT 5,105 SF $ 1.00 $ 5,105.00 75% $ 3,828.75 120 CLR&GRUB SLOPE TO BE REGRADED 21,500 SF $ 0.53 $ 11,395.00 10D% $ 11,395.00 130 STRIP & STOCKPILE TOPSOIL 37,815 CY $ 2.51 $ 94,915.65 10D% $ 94,915.65 140 SITE CUT/ FILL 1 CY $ 548,200.00 $ 549,200.00 100% $ 548,200.00 145 ADDITIONAL EARTHWORK - GRADE CHANGES 1 LS $ 70,300.00 $ 70,300.00 95% $ 66,785.00 150 REPLACE 6" OF TOPSOIL 22,810 CY $ 6,21 $ 141,650.10 100% $ 141,650.10 160 SEED DISTURBED 1 LS $ 38,500.00 $ 38,500.00 25% $ 9,625.00 170 CONN TO EXISTING 12" MAIN STUB 1 LS $ 660.00 $ 660.00 100% $ 660.00 180 CONN TO EXISTING 14" MAIN 1 LS $ 5,700.00 $ 5,700.00 100% $ 5,700.00 190 8" WATER MAIN 2,605 LF $ 65.68 $ 171,096.40 100% $ 171,096.40 200 8" FITTINGS 16 EA $ 648.00 $ 10,368.00 100% $ 10,368.00 210 8"GATE VALVES 20 EA $ 2,174.00 $ 43,480.00 100% S 43,480.00 220 FIRE HYDRANT ASSEMBLY 9 EA $ 6,300.00 $ 56,700,00 100% $ 56,700.00 225 BOLLARDS AT FIRE HYDRANT 2 EA $ 615.00 $ 1,230.00 0% $ - 230 1" IRRIG SERV W/METER PIT 1 EA $ 2,815.00 $ 2,815.00 100% $ 2,815.00 240 1.5" WTR SERV W/METER PIT 15 EA $ 6,730.00 $ 1DD,950.00 SOD% $ 100,950.00 250 CONN TO EXIST SWR MANHOLE 1 LS $ 1,650.00 $ 1,650.00 10D% $ 1,650.00 255 CONNECT TO EXIST SEWER MH - 6" FORCE MAIN 1 LS $ 1,730.00 $ 1,730.00 100% $ 1,730.00 260 4" SEWER FORCE MAIN 1,636 LF $ 46.48 $ 76,041.28 100% $ 76,041.28 265 6" SEWER FORCE MAIN 1636 LF $ 34.62 $ S6,638.32 100% $ 56,638.32 270 DIRECTIONAL DRILL 165 LF $ 62.46 $ 10,305.90 100% $ 10,305.90 275 DIRECTIONAL DRILL - 6" FORCE MAIN 165 LF $ 107.67 $ 17,765.55 100% $ 17,765.55 280 8" SEWER MAIN 1,722 LF $ 62.20 $ 107,108.40 99% $ 106,037.32 290 SEWER MANHOLES 9 EA $ 3,944.00 $ 35,496.00 100% $ 35,496.00 295 SEWER STRUCTURE ADJUSTMENTS 1 LS $ 415.00 $ 415.00 100% $ 415.00 300 4" SEWER SERVICES 15 EA $ 1,830.00 $ 27,450.00 100% $ 27,450.00 310 LIFT STATION WET WELL AND PLUMBING 1 LS $ 48,600.00 $ 48,600.00 100% $ 48,600.00 315 LIFT STATION ADJUSTMENTS 1 LS $ 11,770.00 $ 11,770.00 100% $ 11,770.00 320 PUMP PACKAGE 1 LS $ 87,850.00 $ 87,850.00 80% $ 70,280.00 325 PUMP PACKAGE ADJUSTMENTS 1 LS $ 32,485.00 $ 32,485.00 80% $ 25,988.00 330 LIFT STATION BUILDING 1 LS $ 61,525.00 $ 61,525.00 50% $ 30,762.50 340 GENERATOR 1 LS $ 64,530.00 $ 64,530.00 0% $ - 350 12" STORM DRAIN 2,497 LF $ 57.32 $ 143,128.04 99% $ 141,696.76 355 12" STORM DRAIN 286 LF $ 75.12 $ 21,494.32 100% $ 21,484.32 357 12" RCP STORM DRAIN W/ FES 80 LF $ 125.64 $ 10,051.20 100% $ 10,051.20 360 15" STORM DRAIN 813 LF $ 58.87 $ 47,861.31 100% $ 47,861.31 365 RIP RAP OUTFALLS 20 CY 5 123.01 $ 2,460.20 50% $ 1,230.10 370 CATCH BASIN W/APRON 16 EA $ 2,780.00 $ 44,480.00 100% $ 44,480.00 375 CATCH BASIN W/APRON 1 EA $ 3,185.DO $ 3,185.00 100% $ 3,185.00 380 STORM MANHOLES 16 EA $ 3,460.00 $ 55,360.00 100% $ 55,360.00 385 STORM MANHOLES 3 EA $ 4,060.00 $ 12,180.00 100% $ 12,180.00 387 STORM DRAIN STRUCTURE ADJUSTMENTS 1 LS $ 20,200.00 $ 2D,200.00 100% $ 20,200.00 400 4030-8 CDS UNIT 18FT DIAMETER) 1 EA $ 51,000.00 $ 51,000.00 100% $ 51,000.00 410 CDS UNIT 1 EA $ 28,560.00 $ 28,560.00 100% $ 28,560.00 420 SKIMMER STRUCTURE 1 EA $ 4,100.00 $ 4,100.00 100% $ 4,100.00 430 GRADE SWALES 1097 $ 6.22 $ 6,823.34 100% $ 6,823.34 440 IRRIGATION SLEEVES 499 LF $ 16.21 $ 8,088.79 100% $ 8,088.79 450 COMMON UTILITY TRNCH W/BEDDING 2,863 LF $ 11.33 $ 32,437.79 100% $ 32,437.79 455 COMMON UTILITY TRENCH W/ BEDDING 1,297 LF $ 12.45 $ 16,147.65 100% $ 16,147.65 457 6" POWER CONDUIT 991 LF $ 25.42 $ 25,191.22 100% $ 25,191.22 460 4" PWR FEED W/SWEEPS&PULL ROPE 2,867 LF $ 11.20 $ 32,110,40 100% $ 32,110.40 462 4" POWER FEED CONDUIT W/SWEEPS & PULL ROPE -192 $ 9.01 $ (1,729.92) 100% $ (1,729.92) 463 3" CONDUIT W/ SWEEPS & PULL ROPE 670 LF $ 9.93 $ 6,653.10 100% $ 6,653.10 465 2" COMM CONDUIT W/SWEEPS 6,134 LF S 5.10 $ 31,283.40 100% $ 31,283.40 467 2" COMM CONDUIT W/SWEEPS 2174 LF $ 5.01 $ 10,891.74 100% $ 10,891.74 470 LIGHT TRENCHINGW/BEDDING 340LF $ 12.94 $ 4,399.60 100% $ 4,399.60 480 LIGHT COND W/SWEEPS&PULL ROPE 1,654 LF $ 3.65 $ 6,037.10 100% $ 6,037.10 485 LIGHT CONDUIT W/SWEEPS & PULL ROPE 434 LF $ 5.91 $ 2,564.94 100% $ 2,564.94 490 LIGHT BASES 11 EA $ 1,065,00 $ 11,715.OD 100% $ 11,715.00 495 JUNCTION BOXES - LIGHTING 7 EA $ 800.00 $ 5,600.00 100% $ 5,600.00 500 3 PHASE VAULTS 11 EA $ 1,700.00 $ 18,700.00 100% $ 18,700.00 505 3 PHASE VAULTS 1 EA $ 1,970.00 $ 1,970.00 100% $ 1,970.00 51O SINGLE PHASE VAULTS 2 EA $ 1,105.00 $ 2,210.00 100% $ 2,210.00 515 SINGLE PHASE VAULTS 1 EA $ 1,105.00 $ 1,105.00 100% $ 1,105.00 520 6" CONCRETE APPROACH 1,441 SF $ 7.94 $ 11,441.54 0% $ 525 6" CONCRETE APPROACH 41 SF $ 7.93 $ 325.13 0% $ 530 6" CONCRETE MAILBOX APRON 1,441 SF $ 7.19 $ 10,360.79 0% $ 540 8" CONCRETE MAILBOX PAD 28 SF $ 27.73 $ 776.44 0% $ - 550 MDT MOUNTABLE CURB TYPE A 131 $ 30.15 $ 3,949.65 0% $ 560 4" MDT MEDIAN CAP 1141 $ 5.15 $ 5,876.15 0% $ 570 MDT VERTICAL CURB 158 $ 26.14 $ 4,130.12 0% $ 580 MDT CURB & GUTTER 130 LF $ 30.10 $ 3,913.00 0% $ - 585 MDT CURB & GUTTER -59 LF $ 30.09 $ (1,775.31) 0% $ 590 CURB & GUTTER 3,825 LF $ 18.67 $ 71,412.75 85% $ 60,700.84 600 CURB & GUTTER - DRIVE OVER 365 LF $ 25.52 $ 9,314.80 0% $ 601 CURB & GUTTER - DRIVE OVER/ LAY DN 18 LF $ 25.59 $ 460.62 0% $ 603 VERTICAL CURB 124 LF $ 26.14 $ 3,241.36 0% $ - 605 VERTICAL CURB- LAYDOWN 24 LF $ 34.93 $ 838.32 0% $ 607 2 FT VALLEY GUTTER 141 LF $ 28.36 $ 3,998.76 0% $ 610 HC RAMPS W/GRAVEL 934 SF $ 9.19 $ 8,583.46 0% $ 620 HC RAMPS W/CURB BACK W/GRAVEL 352 SF $ 11.85 $ 4,171.20 0% $ 625 HC RAMPS W/CURB BACKING W/GRAVEL -21 SF $ 11.86 $ (249.06) 0% $ 630 DOME TILES 60 SF $ 30.69 $ 1,841.40 0% $ 640 DOME TILES - CAST IRON - MDT 80 SF $ 45.77 $ 3,661.60 0% $ 645 DOME TILES - CAST IRON - MDT 60 SF $ 45.76 $ 2,745.60 0% $ 650 SIDEWALK W/GRAVEL 20893 SF $ 4.73 $ 98,823.89 80% $ 79,059.11 660 12" OF 3" MINUS GRAN ACCESS R 18,585 SF $ 1.12 $ 20,815.20 10496 $ 20,815.20 670 3" OF 3/4" CRUSH GRAV ACC RD 18,585 SF S 0.36 $ 6,690.60 40% $ 2,676.24 680 GRAVEL CHECK DAM 664 5F $ 6.31 $ 4,189.84 0% $ 690 9" OF 3" MINUS -LOCAL STREET 44,539 SF $ 0,89 $ 39,639.71 100% $ 39,639.71 700 6" OF 3/4" CRUSH- LOCAL STREET 44,539 SF $ 0.65 $ 28,950.35 100% $ 28,950.35 710 4" OF ASPHALT - LOCAL STREET 44,539 SF $ 1.94 $ 86,405.66 0% $ - 720 15" OF 3" MINUS- COLLECTOR ST 25,135 SF $ 1,41 $ 35,440.35 100% $ 35,440.35 730 6" OF 3/4" CRUSH -COLLECTORS ST 25,135 SF $ 0.66 $ 16,589.10 100% $ 16,589.10 740 4" OF ASPHALT - COLLECTORS ST 25,135 SF $ 2.00 $ 50,270.00 0% $ - 750 15" OF 3" MINUS - MDT R.O.W. 9,098 5F $ 1.37 $ 12,464,26 100% $ 12,464.26 760 6" OF 3/4" CRUSH - MDT R.O.W. 9,098 SF $ 0.68 $ 6,186.64 100% $ 6,186.64 770 4" OF ASPHALT - MDT R.O.W. 9,098 SF $ 2.07 $ 18,832.86 0% $ 780 8" OF 3/4" CRUSH -ASPHALT PATHS 16,471 SF $ 1.21 $ 19,929.91 100% $ 19,929.91 790 3" OF ASPHALT - ASPHALT PATHS 16,471 SF $ 2.03 $ 33,436.13 0% $ - 800 PAVED DRIVE TIE-IN W/GRAVEL 226 SF $ 9.52 $ 2,151.52 0% $ 810 BLOCK RETAINING WALL 267 LF $ 199,00 $ 53,133.00 40% $ 21,253.20 815 BLOCK RETAINING WALL 258 LF $ 151.00 $ 38,958.00 40% $ 15,583.20 820 SIGNAGE 12 EA $ 588.00 $ 7,056.00 0% $ 830 PICNICTABLES 2 EA $ 3,874.00 $ 7,748.00 0% $ 835 PICNIC TABLES - CONCRETE PADS 328 SF $ 9.54 $ 3,129.12 0% $ 840 BENCHES 3 EA $ 1,996.00 $ 5,988.00 0% $ - 850 FENCE W/12FT & 3FT GATES 167 LF $ 37.66 $ 6,289.22 0% $ - 880 24" WHITE STOP BAR 80 LF $ 6.46 $ 516.80 0% $ 890 4" SINGLE LINE STRIPE 570 LF $ 0.81 $ 461.70 0% $ 900 4" DOUBLE YELLOW C/L 1,600 LF $ 1.62 $ 2,592.00 0% $ 910 8" WHITE - CROSS WALKS 384 LF $ 3.23 $ 1,240,32 0% $ 920 YIELD STRIPING DIAMONDS C WALK 30 SF $ 4.85 $ 145.50 0% $ 930 GORE AREA 150 SF $ 4.85 $ 727.50 0% $ 940 WORDS & SYMBOLS 100 SF $ 4.85 $ 485.00 0% $ - 950 IRRIGATION (INCLS TEMP IRRIGA) 1 LS $ 103,800.00 $ 103,800.00 0% $ 952 IRRIGATION 1 L5 $ 129,875.00 $ 129,875.00 0% $ 954 REMOVE/ UPSIZE 1" IRRIG SRVC TO 1.5" 1 LS $ 8,286.00 $ 8,286.00 100% $ 8,286.00 956 1.5" IRRIGATION SERVICE 1 L5 $ 10,340.00 $ 10,340.00 100% $ 10,340.00 960 LANDSCAPING/TREES 1 LS $ 83,725.00 $ 83,725.00 0% $ - 965 LANDSCAPING 1 LS $ 37,110.00 $ 37,110.D0 0% $ - 970 RIPARIAN WORK ALONG RIVER 1 LS $ 42,540.00 $ 42,540.00 100% $ 42,540.00 980 HWY 93 SIGNAL- DEMO / EPDXY 1 LS $ 17,250.00 $ 17,250.00 0% $ - 990 TRAFFIC CONTROL 1 LS $ 16,500.00 $ 16,500.00 80% $ 13,200.00 1000 TRAFFIC SIGNAL 1 LS $ 92,724.00 $ 92,724.00 99% $ 91,796.76 1005 SOUTH ENTRANCE MDT ELEC 1 L5 $ 38,075.00 $ 38,075.00 100% $ 38,075.00 CL CL Relocation 1 L5 $ 20,525.33 $ 20,525.33 100% $ 20,525.33 $ 4,093,588.62 1 76.7% 1 $ 3,140,812.29 Work Outstanding $ 952,776.33 SIA Bond Amount 1 $ 1,190,970.41 Return to: Aimee Brunckhorst Kalispell City Clerk 201 1" Avenue East Kalispell, MT 59901 SANITARY SEWER LIFT STATION AGREEMENT THIS AGREEMENT, made and entered into this 13 day of June , 2023 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and Stillwater Bend, LLC a Limited Liability Corporation located at 341 West Second Street, Suite 1, San Bernadino, California 92401 , Party of the Second Part and hereinafter referred to as DEVELOPER. DEVELOPER intends to sell th pro erty that 's t e sub' ct of this agreement to Stillwater Development Partners, LLC , and v�; t` V" A as a signatory to this agreement, agrees to be bound as set forth herein as the DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision within the City of Kalispell, known as Stillwater Bend Phase 1, a 15-lot commercial subdivision located at NI -IN US Highway 93 North, more particularly described in Exhibit A; and WHEREAS, Section 28.8.01(C) of the City of Kalispell Subdivision Regulations states that a subdivider shall not be allowed to bond for public sewer infrastructure improvements necessary to serve any lot being final platted; and WHEREAS, the subdivision relies on a private lift station to provide sewer service for the subdivision; and WHEREAS, current market conditions have delayed the delivery of pumps necessary for completing the construction and eventual operation of the lift station; and WHEREAS, all other required infrastructure improvements have been installed or bonded for, and all final plat requirements other than the lift station have been satisfied; and WHEREAS, the Developer wishes to apply for final plat approval in order to accomplish a sale of the entire subdivision to a third party; and WHEREAS, the City of Kalispell has determined that, due to the projected delivery date of the pumps, the status of the lift station as private, and the projected completion date of any construction requiring sewer service, that the lift station would likely be operational prior to the completion or occupancy of any building within the subdivision. NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1) That documentation be provided confirming that the pumps are on order, along with the projected delivery date represented to the City. 2) That no certificates of occupancy or substantial completion for any building will be issued by the City until such time as the lift station improvements are completed, certified, and approved by the City of Kalispell Public Works Department. 3) That no water meters will be installed for any lot until such time as the lift station improvements are completed, certified, and approved by the City of Kalispell Public Works Department. 4) That impact fees will be paid at the time a building permit is issued. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. ". lwater Bend! Lr "Tt*L�h tA— ame) (Title) STATE OF MONTANA COUNTY OF r—C.k t.,0�,,d On this 13 day of � u t`V--' , 20 2-' , before me, a Notary Public for the State of Man. a, personally appeared 016 bl _(o_kSSckAQi.$ , known to me to be the VINh-P. of S—F AI jr %-eAV4- 1J. C— _,whose name is subscribed to the foregoing 'nstrument and acknowledged to me that he/she executed the same. , I have hereunto set my hand and affixed my Notarial Seal this day and year Net M pE.f STEPHEN M PETRiNI 0 Aft �y NOTARY PUBLIC for the Nota b ' he S - of Montan a ; ' State of Montana Printed SEAL * Residing at Kalispell. Montana sa za My Commission Expires Residing at ' OF M04 October d, 2025 My Commissi n Expires ���w►�rJ+ls,�.tM-�r�>r rIJ--1r-�vs (Name) STATE OF MONTANA COUNTY OF r— CFk� Lr Lne r (Title) On this A day of a U*--L , 20 Z5, before me, a Notary Public for the State of Montana, personally appeared L�-i V�/�Qtc`�S(1+,W"r1-+)mown to me to be the PftA"1K— of -5r tUMs 1 C , w ose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. Notary F Printed Residing My Corr MAYOR, CITY OF KALISPELL ATTEST: AR �QaEu 1,q4 di ay NOTARY PUBLICINI for the State of Montana SEAL * Residing at Kalispell, Montana FOF My Commission Expires Mo October 8, 2025 MAYOR CITY CLERK EXHIBIT A THAT PORTION OF rW NORTHEAST QUARTER OF rW NORTHEAST QUARTER OF SiCI N 2S, TOWNSHIP" KORIH, RANGE 22 WE3T, PRINCIPAL MFRIDIAN, MONTANA. FLATHEAD COUNTY, MONTANA AND MING MORE PARTICUL40ILY DESCRIBED AS FOUL WS. SEGLRNING AT THE INTERSECTION OF THE WEST SOUNOWIY OF U.S. HIGHWAY NO 93. PROIECF NO F S 3(32)[1S, AND THE NORTH BOUNDARY OF SECTION 25, TOWNSHIP 29 NORTK RANGE 22 WEST; THENCEALONG SAID WEST a0LF M" OF SAIO U S. HASHWAY NO.93 THE FOLLOWING THREE COURSES: SMH OW20'27' WEST =0 FEET, SOUTH 13'4143' EAST 41.2 FEET AMP SOUTH QV2727' WEST 4616 FEET TO THE SOUTH BOUNDARY OF THE NORTHEAST 1/4 OF THE KORTHEASt 114 OF SAO SECTION 2S; THENCE ALONG SUD SOUTH BOUNDARY OF SAW ALIQUOT PART, SOUTH 89'SI'19' WEST 3ffi.6 FEET, MORE OR L [SS, TO THE CENTE NUKE OF THE STUWATER RMA, THEM" ALONG SA*CENTERUN£ Of SAID STIUWATER RHEA THE FOLLOWING THREE COURSES: NORTH OS'47'15' WtST 34.7 Fitt, NORTH 23'34'19' WESr 165.1 FEET, AND NORTH GM25 ll' WEST IMS FEET; THENCE NORTH 01'28-4r WEST S02.4 FEET, MORE OR LESS, THENCE NORTH 66'O627' WEST 376.1 EEEr, THENCE NORTH Or2&27' EAST 437 7 FEET TC THE NORTH BOUNDARY OF SAWAILQUOT PART, THENCE ALONG SAIO NORTH BOUNDARY Of SAID AUQUO t PART, NORTH I9'S rw EASY wo.0 FELT to THI POINI Of BEGWKWG CONTAINING 19A ACRES OF LAND, MORE OR LESS. Development Services ci•ry Department Kalispell, MT 59901 1K:A1L11SPE1L11, 201 1st Avenue East Phone (406) 758-7940 FINAL PLAT Email: planningCQkalispell.com Website: www.kalispell.com Project Name Stillwater Bend, Phase 1 Property Address NHN US Highway 93 N NAME OF APPLICANT Stillwater Bend, LLC Applicant Phone Applicant Address 341 W Second St., Ste. 1 City, State, Zip San Bernardino, CA 92401 Applicant Email Address If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD same as applicant Owner Phone Owner Address City, State, Zip Owner Email Address CONSULTANT (ARCH ITECTIENGINEER) Rory Young Phone 406.755.3208 Address 2250 Hwy 93 S City, State, Zip Kalispell, MT 59901 Email Address ryoung@jackola.com POINT OF CONTACT FOR REVIEW COMMENTS same as consultant Phone Address City, State, Zip Email Address List ALL owners (any individual or other entity with an ownership interest in the property): Stillwater Bend, LLC Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): A portion of Tract 3 of C.O.S. No. 12011 in the N 1/2 NE 1/4, Sec. 25 and all that part of the N 1/2 NE 1/4 lying easterly and northerly of the center of Stillwater River of Sec. 25, T. 29 N., R. 22 W., P.M., M., City of Kalispell, Flathead County, Montana. Please initial here indicating that you have verified the description with the Flathead County Clerk and Recorder and that the description provided is in a form acceptable to record at their office. KAILI[SPEILIL 1. Date of Preliminary Plat Approval February a, 2020 Development Services Department 2011st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 2. Type of Subdivision: Residential Industrial Commercial PUDZ Other 3. Total number of lots m Subdivision: 15 4. Land in Project (acres) 25.446 5. Parkland (acres) 8. Number of lots by type: Single Family Commercialllndustrial 15 Townhouse (sublots) 6. Cash -in -lieu $ 7. Exempt x Multi -Family Mobile Home RV Park Other INSTRUCTIONS FOR FINAL PLAT 1. Attach a letter, which lists each condition of preliminary plat approval, and individually state hove 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 r routine monitoring and inspection during the approval and development process. f r 5=/d-2o 23 App t Signature Date Stillwater Bend, Phase 1 Preliminary Plat Conditions Comaliance Review Conditions: 1. The Planned Unit Development for Stillwater Bend allows the following deviations from the Zoning Regulations: a. Kalispell Zoning Ordinance, Section 27.20.029(3) —Allows a reduction of the entrance corridor highway buffer from 100 -feet to 50 -feet Response: Common Area 1 provides a 50-foot buffer to the highway corridor as shown on the plat (Attachment T). 2. The Planned Unit Development for Stillwater Bend allows the following deviations from the Kalispell Subdivision Regulations: a. Kalispell Subdivision Regulations, Section 28. 3. 07(B)(1) —Allows a reduction in Stillwater River setback from 200 -feet to the setback line determined by the geotechnical report, provided the setback cannot be less than 100 -feet Response: A geotechnical investigation performed by Slopeside Engineering provided a recommended setback line based on a slope stability analysis. This recommended geotechnical setback along with the 100-foot minimum setback requirement has been met per the approved plans. 3. A 100 -foot Stillwater River setback shall be restored with native riparian habitat. A landscape plan shall be submitted by a specialist (landscape architect, engineer, hydrologist, botanist, scientist, etc.) with experience in riparian area restoration. The landscape plan shall be approved by the Parks and Recreation Director in addition to any other applicable governmental agencies prior to final plat. Response: A landscaping plan to restore the native riparian habitat within the Stillwater River setback was prepared by River Design Group. The plan for this area was approved by the Parks and Recreation Director and includes provisions for preserving native vegetation noxious weed removal, planting of native species, protecting plantings, and temporary irrigation. (Attachment H). 4. 4. As part of the engineering review process, the City of Kalispell shall have the option to submit the geotechnical analysis to a third party for review. Response: No comment. S. Architectural renderings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit. Building design shall be provided as listed below: a. Four sided architecture is required for all structures and buildings. Large, rectangular masses should be avoided by incorporating offsets in the wall and roof. A change in the plane of the walls, changing the direction or providing some variety in the roof form gives diversity and visual interest b. Entries should be a prominent component of the building face by providing an architectural covered or recessed entry with modified roof accent and increased usage of windows and trim. c. Franchise architecture maybe subject to modification to achieve the building style objectives. d. The design of gas pump islands shall be architecturally integrated with other structures on - site using similar colors, materials and architectural detailing. e. All roof mounted equipment, i.e. HVAC, should be shielded from all views. Response: The lift station building is the only building being constructed at this time. The building was reviewed and approved by the Architectural Review Committee and a building permit was obtained. Future building plans will be submitted to the Kalispell Architectural Review Committee by the lot owner prior to submittals for building permits. 6. Freestanding signage within the common area adjacent to the highway shall be limited to one monument sign as defined in Section 27.20.29(1)(b). The sign shall be limited to 22 -feet in height and 90 square feet per face. The sign shall also function as a common monument sign for the development Response: No signage is planned at this time. Any proposed signage will need to be approved by the City of Kalispell prior to construction and will meet the signage requirements. 7. Lots within the development shall be limited to the sign standards applicable to the B- 2 Zone, except for Lots adjacent to the common area, currently shown as Lots 1, 5, 9,12, 14, and 15. Freestanding signage on those lots shall be limited to 6 -feet in height and 36 square feet per face and located to the west of the building constructed on the lots. Response: No signage is planned at this time. Any proposed signage will need to be approved by the City of Kalispell prior to construction and will meet the signage requirements. 8. Buildings on Lots 1, 5, 9, 12, 14, and 15 shall be limited to 45 -feet in height Response: This condition is not applicable to platting of the subdivision. Building plans are subject to review by the Kalispell Architectural Review Committee by the lot owner prior to issuance of building permits. 9. The storm water pond shall be designed in away that it becomes a visual interest to the development Chain link fencing surrounding the retention pond as the dominant fixture is prohibited. The developer shall work closely with the Parks Department and Public Works to come up with a design that is both visually appealing and meets the required safety guidelines. It is intended that when the project is developed the pond will act as a recreational feature and extension of the Stillwater River buffer, rather than a private maintenance utility facility. Response: The storm water pond has been approved by the Parks Department and Public Works. (See Attachments F & H). 10. An 8 -foot impervious path shall be constructed within the common area connecting the unnamed north/ south City street to Phase 2 to the west. Response: A path design along the southwest edge of the site is included in the construction documents approved by the city. 11. 5 - foot sidewalks shall be constructed within the private drives accessing Lots 1- 8. Response: This condition is not applicable to platting of the subdivision The private drives will be constructed when the lots are developed. Site plans will be subject to review by the Kalispell Site Development Review Committee prior to issuance of a building permit. 12. Direct access onto Rose Crossing shall be prohibited. Response: A note has been added to the final plat prohibiting access onto Rose Crossing. (Attachment T) 13. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials, and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. Response: The development of the site is in substantial compliance with the application submitted and the conditions of preliminary plat as shown on the final plat and the plans approved by the City of Kalispell Public Works Department and the City of Kalispell Parks and Recreation Department. (Attachments S & T) 14. The preliminary plat approval shall be valid for a period of three years from the date of approval. Response: The Preliminary Plat was approved by the City of Kalispell on February 3, 2020 per Resolution No. 5964. A two-year extension was approved on January 3, 2023. This application is being made well before the expiration date of February 3, 2025. (Attachment A) 1 S. 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. Response: A storm water report and drainage plan has been reviewed and approved by the Kalispell Pubic Works Department. The storm water system has been installed and we are waiting on copies of the video inspection from the contractor prior to certification. The stormwater system certification will be sent after the videos are reviewed and the system is found to be free of defects. 16. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. Response: Approvals for the contractor's erosion/ sediment control plan were obtained from the Kalispell Public Works Department and DEQ prior to construction. (Attachment L) 17. 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. Response: The Kalispell Public Works Department and Montana Department of Environmental Quality reviewed construction documents for water and sanitary sewer plans and issued approval letters. (Attachments (E & F) 18. Water mains shall not terminate in dead ends. Response: Water mains have been designed without dead ends. The mains have been reviewed and approved by the City Public Works Department. (Attachment F) 19. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. Street designs shall meet the city standards for design and construction. Response: Street designs have been reviewed and approved by the City of Kalispell Public Works Department. (Attachment F) 20. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. Response: The application for final plat includes the documentation in Attachment F necessary for public works to sign off on accepting the infrastructure that has been installed and tested per the city requirements. A bond is being provided for the unfinished work listed in the engineers estimate included in Attachment N. Acceptance of the work covered under the provided bond will be coordinated with Public Works prior to release/reduction of the bond. 21. The developer shall obtain an approach permit from the Montana Department of Transportation (MDT) for approaches onto U. S. 93 North. If any improvements are necessary at the intersection of the roadways, these improvements shall be completed to the satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the city. Response: Approach permits have been obtained from MDT for the two approaches onto U.S. 93. 22. Prior to final plat all mitigation required as part of the approved traffic impact study shall be completed. All improvements shall be reviewed and approved by either the Public Works Department or Montana Department of Transportation. A letter from the Kalispell Public Works Department or Montana Department of Transportation shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or State of Montana. If infrastructure work has not been accepted, a letter stating that a proper bond has been accepted for the unfinished work by the appropriate agency is required. Response: A traffic signal was required to be constructed at the Rose Crossing and US 93 intersection. The traffic signal has been installed and is ready for commissioning by MDT. The contractor is working with MDT to commission the light. 23. All existing and proposed easements shall be indicated on the face of the final plat A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat Response: Existing and proposed easements are shown on the face of final plat. The Kalispell Public Works Department has reviewed and approved easements as shown in the emails included in Attachment G. Public Works has informed us that they will include this in a letter written to planning once this final plat application is received. 24. 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 Response: The statement appears on the final plat. (See Attachment S). 25. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department The mail delivery site shall not impact a sidewalk or proposed boulevard area. Response: A letter from USPS Postmaster dated 7/21/2020 approving the mail delivery site is included. (Attachment J). 26. A property owners' association (POA) shall be formed and established for the common areas prior to final plat. The POA should include provisions for the maintenance of all common areas. Response: A properties owner association has been formed and established. The CC&R's include provisions to provide for the maintenance of all common areas. Documentation showing this is included. (Attachment R) 27. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to final plat Response: A letter from the Kalispell Fire Chief dated 12/10/2022 approving hydrant locations and access is included for reference. (Attachment 1) 28. A letter shall be obtained from the Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision, common area, and highway buffer. Response: The landscaping plan for the subdivision has been reviewed and approved by the Parks and Recreation Director. (Attachment H) 29. 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. Response: A note waiving the right to protest created of a park maintenance district appears on the final plat. (Attachment S). 30. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. Response: Two-thirds of the necessary infrastructure is completed. A Subdivision Improvements Agreement and bond is being provided for remaining infrastructure. (Attachment N) 31. All utilities shall be installed underground. Response: All new utilities are proposed to be constructed underground per the construction drawings approved by the City of Kalispell Public Works Department. 32. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development Response: Disturbed areas will be re -vegetated with a weed free mix as specified in the landscape plans approved by the City of Kalispell Parks & Recreation Department. 33. A 310 permit shall be obtained from the Montana Department of Natural Resources and Conservation — Conservation District Bureau, for any disturbances/ and or improvements adjacent the Stillwater River. Response: A 310 permit has been obtained and is included for reference. Note that due to the timeline of the project a second permit and extension were obtained (Attachment Q). 34. An approval from the Army Corps of Engineers shall be obtained for work adjacent the Stillwater River. Response: The Army Corps of Engineers was consulted for work adjacent to the Stillwater River and a letter was received saying that a Department of the Army Authorization was not required. (Attachment Q) 3 S. The developer shall work with Eagle Transit to establish bus stop location(s) within the development Bus stop location(s) shall be improved in accordance with Eagle Transit' s requirements, which may include a bus shelter. This condition is waived if Eagle Transit provides a letter in writing that it will not serve the development Response: A letter from Mountain Climber (formerly Eagle Transit) dated 11/22/2022 is included for reference. (Attachment K) 36. Any water rights associated with the property shall be transferred to the City of Kalispell. The water rights shall be allocated proportionally for each phase of the development prior to final plat. Response: Documentation transferring the water rights, associated with Stillwater Bend Phase 1, to the City of Kalispell are included in Attachment P. Attachments: A. Preliminary Entitlements: a. Ordinance No. 1836 - PUD b. Resolution No. 5964 - Stillwater Bend Phase 1 Preliminary Plat Approval c. Resolution No. 6115 - Stillwater Bend Phase 1 Preliminary Plat Extension B. Subdivision Guarantee (No. FT1585-223807) C. Consent to Plat D. Tax Certification E. DEQ Approval & COSA F. Public Works Department Approval & Certifications a. Public Works Approval Letter b. 11-16-2022 Partial Water Main Certification Letter c. 4-24-2023 Water Main Certification Letter d. Sewer and Storm Certification Letter G. Public Works Department Utility Lot & Easement Approval H. Parks & Recreation Approval I. Kalispell Fire Department Approval J. USPS Approval K. Mountain Climber Letter L. SWPPP Approvals a. DEQ Permit No. MTR109215 b. DEQ Authorization for renewal Permit No. MTR109215 c. Kalispell Public Works Permit No. SW21-0221 M. MDT Approach Permits a. Approach Permit No. 7268 b. Encroachment Permit No. 7267 c. Utility Encroachment Permit N. Subdivision Improvement Agreement & Engineers Estimate O. Geotechnical Report a. Geotechnical Consultation b. Geotechnical Investigation P. Water Rights Transfer Documents a. DNRC Form 642 b. Transfer Deed c. Abstract 76LJ 9138-00 d. Transfer Exhibit Q. Floodplain Information a. 310 Permit b. 310 Permit Extension c. City Floodplain Development Permit No. 20-01 d. USACE Letter R. H CA & CC& R's a. POA Certification Letter b. POA Articles of Incorporation c. CC&R's S. Final Plat Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: Jackola FOR: Stillwater Bend LLC DATE: 1/26/2023 DESCP : Stillwater Bend, Phase 1 PURPOSE: Subdivision 25-29-22 YEARS ASSESSOR # 2020 thru 2022 2020 thru 2022 0047450 0002317 I hereby certify that there are no outstanding taxes on thkproperty assigned the assessor numbers listed above, for the years`ad' ted for each assessor number. �J q�o�lNTvrp� eputy Treasurer (seal) MAY 1 2 2023 ALTA COMMITMENT FOR TITLE INSURANCE Commitment Number: issued by: Fidelitv National Title' FT1585-223807 0 1 1 Amendment 3 NOTICE IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I -Requirements; Schedule B, Part II -Exceptions; and the Commitment Conditions, Fidelity National Title Insurance Company, a Florida corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I -Requirements have not been met within one hundred eighty (180) days after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. Countersigned By: � � T Karla Kemm Authorized Officer or Agent Fidelity National Title Insurance Company Attest: Michael J. Nolan, President Marjorie Nemzura, Secretary This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy,- the Commitment Conditions; Schedule A; Schedule 8, Part 1-Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as _t y of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 05.11.23 @ 10:31 AM Page 1 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-223807 FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. FT1585-223807 AMENDMENT 3 Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: ISSUING OFFICE: FOR SETTLEMENT INQUIRIES, CONTACT: Title Officer: Karla Kemm (LC) Escrow Officer: Amber Cooper Fidelity National Title Company of Montana, LLC Fidelity National Title Company of Montana, LLC 150 1 st Avenue WIN, Suite B 8000 MT Hwy 35, Suite 3 Kalispell, MT 59901 Bigfork, MT 59911 Main Phone: (406)755-7004 Fax: 866-269-7798 Email: Karla.Kemm@fnf.com Main Phone: (406)837-8000 Email: Amber.Cooper@fnf.com Order Number: FT1585-223807 SCHEDULE A 1. Commitment Date: May 5, 2023 at 08:00 AM 2. Policy to be issued: (a) ALTA Owner's Policy 2021 (Standard) Proposed Insured: Stillwater Development Partners, LLC, a Montana limited liability company Proposed Amount of Insurance: $15,000,000.00 The estate or interest to be insured: Fee Simple Premium: $ 23,173.00 Total: $ 23,173.00 3. The estate or interest in the Land at the Commitment Date is: Fee Simple 4. The Title is, at the Commitment Date, vested in: Stillwater Bend, LLC, a Montana limited liability company 5. The Land is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF END OF SCHEDULE A This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule 8, Part 1-Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 05.11.23 @ 10:31 AM Page 2 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-223807 EXHIBIT "A" Legal Description PARCEL 1: Parcel B of Certificate of Survey No. 13982, located in those portions of the Southeast Quarter of Section 24 and the Northeast Quarter of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. PARCEL 2: All that part of the North Half of the Northeast Quarter lying Easterly and Northerly of the Center of Stillwater River of Section 25, Township 29 North, Range 22 West, Flathead County, Montana. EXCEPTING THEREFROM Parcels A, C and Tract 3 of Certificate of Survey No. 12011, records of Flathead County, Montana. ALSO EXCEPTING THEREFROM Those portions conveyed to the State of Montana in Bargain and Sale Deeds recorded May 7, 1992, as Document No 92-128-09570 and 92-128-09580, records of Flathead County, Montana. ALSO EXCEPTING THEREFROM Stillwater Bend, Phase 1, according to the map or plat thereof on file and of record in the office of the Clerk & Recorder of Flathead County, Montana. PARCEL 3: Stillwater Bend, Phase 1, according to the map or plat thereof on file and of record in the office of the Clerk & Recorder of Flathead County, Montana. THE ABOVE LEGAL DESCRIPTION FOR PARCELS 2 AND 3 IS NOT YET OF RECORD AND CANNOT BE USED ON DOCUMENTS CONVEYING TITLE UNTIL A PROPER SUBDIVISION PLAT IS RECORDED IN THE PUBLIC RECORDS. This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy,- the Commitment Conditions; Schedule A; Schedule 8, Part 1-Requirements; Schedule 8, Part 11-Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as _t y of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 05.11.23 @ 10:31 AM Page 3 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-223807 COMMITMENT NO. FT1585-223807 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B, PART I - Requirements All of the following Requirements must be met: AMENDMENT 3 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. If a power of attorney is to be used in this transaction, furnish a true and correct copy in recordable form, for review and approval prior to executing any documents. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. The Company may require that the attorney -in -fact named in the power of attorney execute an affidavit stating that the power of attorney has not been revoked and that he/she has no knowledge or information regarding the death or incapacity of the principal therein. 6. If this transaction is to be involved in a 1031 or similar exchange, the closing officer must be notified well in advance of closing. In the event matters are discovered during the closing process which would otherwise be insured by the Covered Risks included in the policy, the Company may limit or delete insurance provided by the affected Covered Risk. In such event, a supplemental will be issued prior to closing. The Company requires a satisfactory statement from the Association or its agent stating the amount, if any, of unpaid common or maintenance charges against the property, to the date of closing. At that time, the Company may make additional requirements or exceptions. If Fidelity is to be named a Trustee, reference it as follows: Fidelity National Title Company of Montana, LLC 10. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 11. If the Seller or Borrower intends to sign documents required to insure the transaction utilizing a remote online notary, please notify the Company immediately as additional underwriting requirements will need to be satisfied. 12. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy,- the Commitment Conditions; Schedule A; Schedule 8, Part 1-Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as _t y of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 05.11.23 @ 10:31 AM Page 4 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-223807 COMMITMENT NO. FT1585-223807 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B, PART I - Requirements (continued) AMENDMENT 3 Limited Liability Company: Spartan Holdings, LLC (as it pertains to an uninsured Warranty Deed to the vestee herein recorded June 24, 2022, as Document No. 202200015896) a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps. c. If the Limited Liability Company is member -managed a full and complete current list of members certified by the appropriate manager or member. d. A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e. If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 13. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company: Stillwater Bend, LLC a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps. c. If the Limited Liability Company is member -managed a full and complete current list of members certified by the appropriate manager or member. d. A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e. If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 14. Intentionally Deleted This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy,- the Commitment Conditions; Schedule A; Schedule 8, Part 1-Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as _t y of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 05.11.23 @ 10:31 AM Page 5 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-223807 COMMITMENT NO. FT1585-223807 FIDELITY NATIONAL TITLE INSURANCE COMPANY AMENDMENT 3 SCHEDULE B, PART I - Requirements (continued) 15. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company: Stillwater Development Partners, LLC a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps. c. If the Limited Liability Company is member -managed a full and complete current list of members certified by the appropriate manager or member. d. A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e. If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 16. The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves the right to require further evidence to confirm that the property is unencumbered, and further reserves the right to make additional requirements or add additional items or exceptions upon receipt of the requested evidence. PARCEL 2 and 3 17. The transaction contemplated in connection with this Report is subject to the review and approval of the Company's Corporate Underwriting Department. The Company reserves the right to add additional items or make further requirements after such review. 18. Additional requirements and/or exceptions may be added as details of the transaction are disclosed to, or become known by the Company. 19. The Company will require, for its review, an insurable legal description for the Land the subject of this transaction. If a survey is being furnished, the survey must be prepared by a licensed State of Montana registered land surveyor. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy,- the Commitment Conditions; Schedule A; Schedule 8, Part 1-Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as _t y of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 05.11.23 @ 10:31 AM Page 6 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-223807 COMMITMENT NO. FT1585-223807 FIDELITY NATIONAL TITLE INSURANCE COMPANY AMENDMENT 3 SCHEDULE B, PART I - Requirements (continued) 20. Survey, when recorded, must be in compliance with the provisions of the Montana Subdivision and Platting Act, 1973 (Sections 76-3-101 MCA through 76-3-614 MCA) and the regulations adopted pursuant thereto. END OF SCHEDULE B, PART I This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy,- the Commitment Conditions; Schedule A; Schedule 8, Part 1-Requirements; Schedule 8, Part 11-Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as _t y of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 05.11.23 @ 10:31 AM Page 7 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-223807 COMMITMENT NO. FT1585-223807 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B, PART II - Exceptions AMENDMENT 3 Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: A. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession of the Land. B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown in the Public Records. C. Easements, claims of easements, or encumbrances which are not shown by the Public Records. D. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. E. (a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters accepted under (a), (b), (c) are shown by the Public Records. F. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. G. County road rights -of -way, not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21 M.C.A., including but not limited to any right of the public to use and occupy those certain roads and trails. H. Mineral rights, claims or title to minerals in or under said Land, including but not limited to metals, oil, gas, coal, and other hydrocarbons, sand, gravel, or stone, and geothermal energy rights, and easement or other rights or matters relating thereto, whether express or implied, recorded or unrecorded. I. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I —Requirements are met. Paragraphs A, B, C, D, F and I will not appear as printed exceptions on extended coverage policies, except as to such parts thereof which may be typed as a Special Exception as shown below. This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy, the Commitment Conditions; Schedule A; Schedule 8, Part 1-Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as _t y of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 05.11.23 @ 10:31 AM Page 8 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-223807 COMMITMENT NO. FT1585-223807 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B, PART II - Exceptions (continued) SPECIAL EXCEPTIONS: General Taxes for the year 2022 1st Half: $1,551.49, PAID 2nd Half: $1,551.46, DUE and will become delinquent after May 31, 2023 Tax ID No.: 75-0982533 Parcel 1 2. General Taxes for the year 2022 1st Half: $1,450.01, PAID 2nd Half: $1,449.98, DUE and will become delinquent after May 31, 2023 Tax ID No.: 75-0047450 Parcel 2 and a portion of Parcel 3 General Taxes for the year 2022 1st Half: $948.67, PAID 2nd Half: $948.66, DUE and will become delinquent after May 31, 2023 Tax ID No.: 75-0002317 Portion of Parcel 3 AMENDMENT 3 4. General County Taxes for the year 2023 and subsequent years, which are a lien but not yet due or payable. 5. Any possible additional tax assessments because of construction and/or improvements to the property. 6. Delinquent water and service charges of the City of Kalispell, if any, for which no investigation has been made. 7. Any adverse claim based upon the assertion that: a) Some portion of said Land is tide or submerged land, or has been created by artificial means or has accreted to such portion so created. b) Some portion of said Land has been brought within the boundaries thereof by an avulsive movement of Stillwater River or has been formed by accretion to any such portion. Rights and easements for navigation and fishery which may exist over that portion of said Land lying beneath the waters of Stillwater River. This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy,- the Commitment Conditions; Schedule A; Schedule 8, Part 1-Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as _t y of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 05.11.23 @ 10:31 AM Page 9 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-223807 COMMITMENT NO. FT1585-223807 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B, PART II - Exceptions (continued) AMENDMENT 3 Any prohibition or limitation of use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any portion which is now or has been formerly covered by water. 10. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Orrin R. Streich and Naomi L. Streich Recording Date: September 19, 1977 Recording No.: 624/814 and mesne documents Pmb Correction Water Line Easement Recording Date: June 25, 1985 Recording No.: 85-176-12410 and mesne documents 11. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Flathead Electric Cooperative, Inc. Recording Date: May 1, 1980 Recording No.: 690/687 12. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Orrin R. Streich and Naomi L. Streich Recording Date: May 4, 1982 Recording No.: 739/334 This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy,- the Commitment Conditions; Schedule A; Schedule 8, Part 1-Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as _t y of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 05.11.23 @ 10:31 AM Page 10 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-223807 COMMITMENT NO. FT1585-223807 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B, PART II - Exceptions (continued) 13. Easement(s) and rights incidental thereto as set forth in a document: In favor of: LHC, Inc. Recording Date: May 4, 1982 Recording No.: 739/339 AND Correction Water Line Easement Recording Date: June 25, 1985 Recording No.: 85-176-12410 and mesne documents 14. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Flathead Electric Cooperative, Inc. Recording Date: June 30, 1983 Recording No.: 775/244 15. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Donald P. Curtis and Janice M. Curtis Recording Date: June 25, 1985 Recording No.: 85-176-12420 16. Easement(s) and rights incidental thereto as set forth in a document: In favor of: William Hedstrom and Marilyn Hedstrom Recording Date: August 8, 1985 Recording No.: 85-220-08410 17. Easement(s) and rights incidental thereto as set forth in a document: In favor of: State of Montana Recording Date: May 7, 1992 Recording No.: 92-128-09570 AMENDMENT 3 This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy,- the Commitment Conditions; Schedule A; Schedule 8, Part 1-Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as _t y of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 05.11.23 @ 10:31 AM Page 11 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-223807 COMMITMENT NO. FT1585-223807 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B, PART II - Exceptions (continued) AMENDMENT 3 18. Provisions contained in the Deed, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: May 7, 1992 Recording No.: 92-128-09570 19. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained or referred to on Certificate of Survey No. 11965. Reference is hereby made to the survey for more particulars. 20. State of Montana Department of Environmental Quality Certificate of Subdivision Approval Recording Date: October 24, 1994 Recording No.: 94-297-12000 21. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained or referred to on Certificate of Survey No. 12011. Reference is hereby made to the survey for more particulars. 22. This property lies within the boundaries of Resolution No. 837A for Highway 93 North Zoning District, recorded April 27, 1992 at 92-118-12020 and will be subject to any levies and assessments thereof. 23. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Nami C. Stevens Recording Date: December 16, 1994 Recording No.: 94-350-10050 24. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained or referred to on Certificate of Survey No. 12357. Reference is hereby made to the survey for more particulars. 25. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained or referred to on Certificate of Survey No. 13982. Reference is hereby made to the survey for more particulars. 26. Matters contained in that certain Road Maintenance Agreement which document, among other things, may provide for liens and charges. Executed by: Ron E. Trippet and Nami C. Stevens a/k/a Nami C. Trippet Recording Date: September 7, 1999 Recording No: 1999-250-14320 Reference is hereby made to said document for full particulars. This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy,- the Commitment Conditions; Schedule A; Schedule 8, Part 1-Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as _t y of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 05.11.23 @ 10:31 AM Page 12 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-223807 COMMITMENT NO. FT1585-223807 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B, PART II - Exceptions (continued) 27. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Flathead Power Co. Recording Date: August 14, 2002 Recording No.: 2002-226-08290 AMENDMENT 3 28. Amendment to Latecomers Agreement for Reimbursement for Municipal Water and Sewer System Extensions Recording Date: May 18, 2011 Recording No.: 201100010329 Pmb Memorandum of Understanding Recording Date: August 16, 2011 Recording No.: 201100016731 29. Matters contained in that certain Agreement which document, among other things, may provide for liens and charges. Executed by: Neal Bouma, Bouma Truck Sales, Inc., and The Ervin and Marie Bauer Trust Recording Date: December 30, 2013 Recording No: 201300032311 Reference is hereby made to said document for full particulars. 30. Terms and provisions of Partial Termination of Rights Set Forth in Easement Recording Date: February 20, 2015 Recording No.: 201500003312 AND Termination of Easements (except underground utility easement) Recording Date: February 22, 2023 Recording No.: 202300002690 31. This property lies within the boundaries of Resolution No. 5814 for annexation, recorded July 20, 2017 at 201700015556 and will be subject to any levies and assessments thereof. 32. This property lies within the boundaries of Resolution No. 1790 for Zoning, recorded July 20, 2017 at 201700015557 and will be subject to any levies and assessments thereof. This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy,- the Commitment Conditions; Schedule A; Schedule 8, Part 1-Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as _t y of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 05.11.23 @ 10:31 AM Page 13 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-223807 COMMITMENT NO. FT1585-223807 FIDELITY NATIONAL TITLE INSURANCE COMPANY 33 34 35 0-1 37 W W SCHEDULE B, PART II - Exceptions (continued) Ordinance No. 1836 Recording Date: February 24, 2020 Recording No.: 202000004941 A mortgage to secure an indebtedness as shown below Amount: Dated: Mortgagor: Mortgagee: Recording Date: Recording No.: Affects: PARCEL $3,500,000.00 January 6, 2022 Spartan Holdings, LLC First Interstate Bank January 11, 2022 202200000924 1 Notice of Right to Claim a Lien Claimed by: Western Systems, Inc. Against: Stillwater Bend, LLC For: traffic management systems Recording Date: September 14, 2022 Recording No.: 202200024667 Notice of Right to Claim a Lien Claimed by: Advanced Traffic Products, Inc. Against: Stillwater Bend, LLC For: traffic management systems Recording Date: September 14, 2022 Recording No.: 202200024681 AMENDMENT 3 In order to expedite this report to you, no physical inspection of the Land has been made. If a physical inspection is made, any matters found by our inspection requiring disclosure to you will be shown in a Supplement Report. The land described in the commitment/policy shall not be deemed to include any home trailer or mobile home located on the property. Exceptions and reservations contained in Patents of record. This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy,- the Commitment Conditions; Schedule A; Schedule 8, Part 1-Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as _t y of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 05.11.23 @ 10:31 AM Page 14 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-223807 COMMITMENT NO. FT1585-223807 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B, PART II - Exceptions (continued) 40. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Flathead Electric Cooperative, Inc. Recording Date: June 30, 1983 Recording No.: 775/284 41. Easement(s) and rights incidental thereto as set forth in a document: In favor of: State of Montana Recording Date: September 23, 1991 Recording No.: 9126609130 AMENDMENT 3 42. Provisions contained in the Deed, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: September 23, 1991 Recording No.: 9126609130 43. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Ron E. Trippet wata Ronald Trippet and Nami Trippet Recording Date: December 16, 1994 Recording No.: 9435010060 44. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Flathead Power Co. Recording Date: May 8, 2002 Recording No.: 200212809310 45. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Wayne L. Ristine and Barbara Ristine Recording Date: September 7, 1999 Recording No.: 199925014340 This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy,- the Commitment Conditions; Schedule A; Schedule 8, Part 1-Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as _t y of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 05.11.23 @ 10:31 AM Page 15 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-223807 COMMITMENT NO. FT1585-223807 FIDELITY NATIONAL TITLE INSURANCE COMPANY AMENDMENT 3 SCHEDULE B, PART II - Exceptions (continued) 46. Recitals, notes, dedications, easements, certificates and covenants as contained on the proposed plat of Stillwater Bend, Phase 1. Reference is hereby made to the plat for more particulars. Common address: 2890 Highway 93 North, Kalispell, MT 59901 END OF SCHEDULE B, PART II This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy,- the Commitment Conditions; Schedule A; Schedule 8, Part 1-Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as _t y of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 05.11.23 @ 10:31 AM Page 16 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-223807 COMMITMENT NO. FT1585-223807 FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT CONDITIONS AMENDMENT 3 DEFINITIONS a. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b. "Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. C. "Land": The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term "Land" does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e. "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f. "Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g. "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. h. "Public Records": The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term "Public Records" does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. "Title": The estate or interest in the Land identified in Item 3 of Schedule A. 2. If all of the Schedule B, Part I -Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: a. the Notice; b. the Commitment to Issue Policy; c. the Commitment Conditions; d. Schedule A; e. Schedule B, Part I -Requirements; and f. Schedule B, Part II -Exceptions; and g. a counter -signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY a. The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: i. comply with the Schedule B, Part I -Requirements; ii. eliminate, with the Company's written consent, any Schedule B, Part II -Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. C. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d. The Company's liability does not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy,- the Commitment Conditions; Schedule A; Schedule 8, Part 1-Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as _t y of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 05.11.23 @ 10:31 AM Page 17 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-223807 COMMITMENT NO. FT1585-223807 FIDELITY NATIONAL TITLE INSURANCE COMPANY AMENDMENT 3 (continued) e. The Company is not liable for the content of the Transaction Identification Data, if any. f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I -Requirements have been met to the satisfaction of the Company. g. The Company's liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. C. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d. The deletion or modification of any Schedule B, Part II -Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for closing, settlement, escrow, or any other purpose. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10. CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. 11. ARBITRATION -INTENTIONALLY DELETED END OF CONDITIONS This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy,- the Commitment Conditions; Schedule A; Schedule 8, Part 1-Requirements; Schedule 8, Part II -Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as _t y of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-MT Mod (07/01/2021) Printed: 05.11.23 @ 10:31 AM Page 18 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-223807 CONSENT TO PLAT We, the undersigned, FIRST INTERSTATE BANK , do hereby consent to the platting of the real property described as "Stillwater Bend, Phase 1", attached hereto, and by this reference made a part hereof. FIRST INTERSTATE BANK B y : 44-1� J_[EiW 0,(-A1-4Soj9 GQ-M15r Print Name and Title State of Montana SS County of Flathead ) On this j_ day of M WI , 2023, before me, the undersigned, a Notary Public for the State of Montana, personally appeared �11- 1 Clc�u��� , and known to me to be the C-Lffi mr— of FIRST INTERSTATE BANK and who subscribed his/her name to the within instrument and acknowledged to me that he/she executed the same for said Corporation. KELSEY TURNER NOTARY PUBLIC for the ����oSpRq°i�P State of Montana * SEAL * Residing at Kalispell, Montana �f9rFOFµO My Commission Expires May 17, 2023 Notary Public f r the State of Mon CITY OF KALISPELL May 13, 2022 Mr. Rory Young, PE Projects Officer 7ackola Engineering and Architecture 2250 Hwy 93 South Kalispell, MT 59901 Re: Stillwater Bend Phase 1 Conditional Engineering Approval Dear Mr. Young: The design report update submitted on April 29t' , 2022 and associated plan submitted previously for the above project are hereby approved contingent on the following condition: • The waiver of right to protest a stormwater SID must be filed with final plat. • A full updated plan set must be submitted to the City. Approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the City Standards currently in effect. If more than 18 months lapse before completing construction, plans and specifications must be resubmitted and approved before construction continues. Any modifications made to these approved plans shall be submitted for review prior to construction. 201 1st Avenue E Phone (406)758-7720 PO Box 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 1 www.kalispell.com This approval is for the Public Works Department only and does not necessitate full City approval. If additional approvals from other City Departments are required, they should continue to be pursued. Please continue corrodigating with Mathew Carlenzoli during the construction process. At project completion, please provide the City with PDF and DWG electronic record drawings in State Plane Coordinates. We look forward to working with you on this project. Sincerely, J-V4k-;"41 Patrick Jentz, PE Engineer 2 cc: Keith Haskins, PE — City Engineer Matthew Carlenzoli, — Construction Manager Page 2 of 2 CITY OF KALISPELL June 12, 2023 Rory Young, PE Projects Officer Jackola Engineering 2250 Hwy 93 S Kalispell, MT 59901 Re: Final Plat Conditions Stillwater Bend— Phase 1 Dear Mr. Young, The purpose of this letter is to address the Public Works related conditions required prior to Final Plat as referenced in the Resolution No. 5964. The following conditions appear to be applicable to the Final Plat of this lot and are addressed below: Condition 4: As part of the engineering review process, the City of Kalispell shall have the option to submit the geotechnical analysis to a third party for review. The City of Kalispell hired Terracon to complete a third -party review of the Slope Stability Analysis. The original analysis presented by the developer's geotechnical engineer was modified to conform to the "standard of care" for a geotechnical report as it pertained to the subdivision. Condition 4 of the preliminary plat conditions shall hereby be considered satisfied. Condition 9: The storm water pond shall be designed in a way that it becomes a visual interest to the development. Chain link -fencing surrounding the retention pond as the dominant fixture is prohibited. The developer shall work closely with the Parks Department and Public Works to come up with a design that is both visually appealing and meets the required safety guidelines. It is intended that when the project is developed the pond will act as a recreational feature and extension of the Stillwater River buffer, rather than a private maintenance utility facility. A chain link fence was not installed around the pond and the final design met the public works standards. The Parks Director was consulted concerning the visual appeal of the finished facility. Condition 9 of the preliminary plat conditions shall hereby be considered satisfied. 201 1st Avenue E Phone (406)758-7720 Po Box 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 1 www.kalispell.com Condition 10: An 8-foot impervious path shall be constructed within the common area connecting the unnamed north/south City street to Phase 2 to the west. A path extends westward from Rivers Edge Loop along the south side of the stormwater pond and ends at the west edge of Phase 1. Condition 9 of the preliminary plat conditions shall hereby be considered satisfied. Condition 11: 5-foot sidewalks shall be constructed within the private drives accessing Lots 1-8. This condition is not satisfied with this phase nor is it expected to at final plat. This will be required as part of the individual lot development. Condition 12 is not satisfied and will be required to be satisfied when the lot is developed. Condition 12: Direct access onto Rose Crossing shall be prohibited. Lots fronting Rose Crossing have been provided with access from interior roads. This condition will also be reviewed as the individual lots are developed. Condition 12 is satisfied and will be further reviewed as the individual lots are developed. Condition 15: 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. Stillwater Bend Phase 1 was originally approved on October 12th, 2021. Design updates were subsequently made and the project was re -approved on May 131, 2022. Condition 15 of the preliminary plat conditions shall hereby be considered satisfied. Condition 18: Water Mains shall not terminate in dead ends. The water main is looped within the development and the water main extension to the far property line is in line with the City of Kalispell's standards. Condition 18 of the preliminary plat conditions shall hereby be considered satisfied. Condition 20: Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. Certifications from the engineer of record have been received for the utilities installed. The lift station pumps are not currently installed due to supply line issues and delivery delays. The development has signed an agreement with the city that no water meters will be installed, nor building permits issued prior to the lift station being fully operable. All other public water and sewer infrastructure has been installed and the 2/3 threshold of all public infrastructure has been met. Remaining city infrastructure improvements have been covered by a proper bond based on a stamped Engineer's Estimate of remaining work. Condition 20 of the preliminary plat conditions shall hereby be considered satisfied. Page 2 of 3 Condition 22: Prior to final plat all mitigation required as part of the approved traffic impact study shall be completed. All improvements shall be reviewed and approved by either the Public Works Department of Montana Department of Transportation. A letter from the Kalispell Public Works Department or Montana Department of Transportation shall be submitted stating that all new infrastructure has been accepted by the City ofKalispell or State of Montana. If infrastructure work has not been accepted, a letter stating that a proper bond has been accepted for the unfinished work by the appropriate agency is required. A 3/4 movement intersection is being constructed at the south entrance as approved by MDT. A traffic signal at the intersection of Rose Crossing and Hwy 93 has been approved by MDT and is currently under construction. With these improvements in place, the findings of the TIS are satisfied. Therefore, Condition 22 of the preliminary plat conditions shall hereby be considered satisfied. Condition 23: All existing and proposed easements shall be indicated on the face of the final plat. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. All required easements have been shown on the final plat made available for review. Condition 23 of the preliminary plat conditions shall hereby be considered satisfied. Condition 30: A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. A cost estimate certified and stamped by the engineer of record indicates the 2/3 threshold has been met and a proper bond has been provided to cover the completion of the remaining work. Condition 30 of the preliminary plat conditions shall hereby be considered satisfied. Condition 31: All utilities shall be installed underground. All utilities have been installed in accordance with City of Kalispell Standards for Design and Construction and their construction has been certified by the engineer of record. Condition 31 of the preliminary plat conditions is hereby considered satisfied. Condition 36: Any water rights associated with the property shall be transferred to the City of Kalispell. The water rights shall be allocated proportionally for each phase of the development prior to the final plat. A quitclaim deed transferring proportionate water rights for Phase 1 of Stillwater Bend was provided to the City of Kalispell and will be filed concurrently with the Final Plat. Sincerely, Keith "skins, E )6� Deputy Public Works Director / City Engineer CC: PJ Sorenson, Esq. — Senior Planner Page 3 of 3 November 01, 2021 Frank Tabish PO Box 7338 Kalispell, MT 59904 Re: Approval letter for City Stormwater Management Permit Number SW21-0221 for project site: 2820 HIGHWAY 93 N, 59901 Dear Permittee: As of July 17th, 2017, all stormwater permits must be reviewed and approved before the commencement of any land disturbing activity. This letter serves as an approval letter to begin land disturbance for the above -referenced project site. You are required to: (1) Implement the City Stormwater Management Plan prior to any land disturbance (2) Develop and maintain best management practices (3) Terminate the permit once the site is properly stabilized To keep track of current projects, yearly renewal is required. If your project will continue past December 31 st of the current year, permit renewal is required. Failure to renew your permit before January 1 st of next year may incur a late fee. Please review and follow the City Stormwater Management Ordinance 1600 (www.kalispell.com) and the Erosion and Sediment Control Best Management Practices Reference Manual (www.mdt.mt.gov/research/projects/env/erosion.shtml). Note: This permit is separate from any permit required by other governmental agencies and does not waive any obligation by you to obtain other permits or approvals that may be required. If you have any questions, please call 406-758-5705 or email clewis .kalispell.com. Sincerely, Casey Lewis Environmental Specialist Public Works Department City of Kalispell 201 1st Avenue East, P.O. Box 1997, Kalispell, MT 59903 - Phone (406) 758-7720 - Fax (406) 758-7831, www.kalispell.com DE Montana De—artment of Environmental Quality September 15, 2022 .Rory Young, PE .lackola Engineering 2250 Highway 93 South Kalispell, MT 599O1 RE: Stillwater Send Phase 1 Water and Sewer Main Extensions; EQ423-1301 Dear Mr. Young: The design report, certified checklist, plans, specifications and supporting information for the above - mentioned project were reviewed in accordance with Department of Environmental Quality Design Standards using the abbreviated checklist review process. Plans and specifications for above -mentioned project are hereby approved. One copy of the plans and specifications 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 County Health Department. Approval is given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for review and approval. The project may not be placed into service until the project engineer or designer certifies by letter to the Department that the activated portion of the project was constructed in substantial accordance with the plans and specifications approved by the Department and there are no deviations from the design standards other than those previously approved by the department. Within 90 days after the completion of construction, a complete set of certified "as -built" drawings must be signed and submitted to the Department. 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 re, (4O6) 444-1 77 or rachel.clark2 nit, ov. S7ly Rachel Clark, PE Bureau Chief Engineering Bureau cc: County Health Department File: EQ#23-1301 Greg Gianforte. Governor ! Chris Gorrington, director I P.O. Box 200901 1 Helena. MT 59620-0901 1 (406) 444-2544 1 www,deq.mt.gov Montana Department QAMm of Environmental Quality February 22, 2023 Rory Young Jackola Engineering & Architecture PO Box 1134 Kalispell, MT 59903 Dear Rory: RE: Stillwater Bend Phase 1 Subdivision Flathead County E.Q. #23-1682 The plans and supplemental information relating to the water supply, sewage, solid waste disposal, and storm drainage (if any) for the above referenced division of land have been reviewed as required by ARM Title 17 Chapter 36(101-805) and have been found to be in compliance with those rules. Two copies of the Certificate of Subdivision Plat Approval are enclosed. The original is to be filed at the office of the county clerk and recorder. The duplicate is for your personal records. Development of the approved subdivision may require coverage under the Department's General Permit for Storm Water Discharges Associated with Construction Activity, if your development has construction -related disturbance of one or more acre. If so, please contact the Storm Water Program at (406) 444-3080 for more information or visit the Department's storm water construction website at hftps:lldeg.mt.gov/water/assistance. Failure to obtain this permit (if required) prior to development can result in significant penalties. In addition, your iroject may be subject to Federal regulations relating to Class V iniection wells. Please contact the United States Environmental Protection Agency regarding specific rules that may apply. Your copy is to inform you of the conditions of the approval. Please note that you have specific responsibilities according to the plat approval statement primarily with regard to informing any new owner as to any conditions that have been imposed. If you have any questions, please contact this office. Sincerely, Shawn Rowland, M.S.,R.S., ubdivision Section Supervisor Engineering Bureau AKP cc: County Sanitarian County Planning Board (e-mail) Owner Greg Glanforte, Governor I Chris Dorrington, Director I P.O. Sox 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov D E AQdOM%%W� Montana Department of Environmental Quality November 18, 2022 Jeff Claridge LHC INC PO BOX 7338 Kalispell, MT 59904 RE: Confirmation Letter, Notice of Intent (NOI) MTRI09215, Stillwater Bend Authorization for renewal effective January 1, 2023. Dear Jeff Claridge: 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 MTR109215. 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/StorrnSystems. Authorization under the SWC-GP remains in effect until you submit a complete Notice of Termination (NOT). Your signature on the NOT certifies that you have achieved final stabilization, removed your temporary Best Management Practices, and have paid all applicable fees. All effective authorizations are assessed annual fees each calendar year until a complete NOT is received. Coverage under the SWC-GP does not waive your obligation to obtain coverage under other applicable permits. If you have questions regarding SWC-GP requirements, please contact 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 Agency Use Permit No.: MTR109215 WATER PROTECTION DE Date Rec'd Amount Rec'd Montana Department BUREAU Check No. Rec'd By of Environmental duality Date Gen'd 10/23/2021 App. Doc. Version No.: 3 Application: Notice of Intent FORM Storm Water Discharges Associated with Construction Activity NOI-SWC General Permit MTRI00000 The NOI form is to be completed by the owner or operator of construction activity eligible for coverage under the Department's General Permit for Storm Water Discharges Associated with Construction Activities. You must print or type legibly; forms that are not legible or are not complete or are unsigned will be returned. You must maintain a copy of the completed NOI form for your records. Section A - NOI Status (Check one): X New No prior NOI submitted for this site. Renewal Permit Number: Resubmittal/Administrative Processing NOI Fee: $0.00 Section B - Facility or Site Information (See instruction sheet.): Site Name: Stillwater Bend Site physical address: SECTION25 T29N R22W City, State, Zip: Kalispell, MT, 59901 County: Flathead Township, Range, Section: 29N 22W 25SN Latitude: 48.2522838 Longitude:-114.331541 Is this facility or site located on Indian Lands? No Section C - Applicant (Owner/Operator) Information Applicant (Operator) Name: LHC INC Mailing Address: PO BOX 7338 City: KALISPELL State: MT Zip: 59904 Applicant Type: Operator Organization Type: Privately Owned Facility Facility / Site Contact: Facility Contact: FRANK TABISH Title: Project Manager 10/23/2021 L OT I I Mailing Address: City: KALISPELL PO BOX 7338 Telephone: 406-75 8-6409 State: MT Zip: 59904 Email: frank@lhcmt.com Section D - Existing or Pending Permits, Certifications, or Approvals MPDES Permit: No 404 Permit (dredge & fill): No UIC #: MGWPCS #: No Plat Approval EQ #: Other: No Local Sediment and Erosion Control Requirements: 1. Is the construction project located within a regulated Municipal Separate Storm Sewer System (MS4)? Yes 2. The applicant must contact the MS4 to verify if additional local sediment and erosion controls are required: Name of MS4: CITY OF KALISPELL MS4 Contact Name: Casey Lewis Contact Date: 22-Oct-2021 Submit the SWPPP to the MS4 if required. Any additional MS4 requirements must be incorporated into the SWPPP. Sage Grouse Habitat: Visit the Montana Sage Grouse Habitat Conservation Program (Program) website to determine if the construction project is located in designated sage grouse habitat (core, general, and/or connectivity). No Yes: Submit application to the Program and attach resulting consultation letter. No: Project is not located in a designated habitat. Section E — Nature of Business (provide a brief description) Heavy Civil Construction SIC CODES (4-digit, in order of priority) Code Description 1623 Water, Sewer, And Utility Lines 1629 Heavy Construction 8011 Offices & Clinics Of Medical Doctors Section F - SWPPP Preparer and Administrator(s) SWPPP Preparer: Name FRANK TABISH Title: Project Manager Position Title Project Manager Mailing Address PO BOX 7338 City KALISPELL Telephone 406-758-6409 State MT Zip 59904 Email frank@lhcmt.com Company LHC INC Training Course StormWaterOne-CP241(QPSWPPP)-Qualified Preparer of Storm Water Pollution Prevention Plans Date Completed 08-Oct-2020 10/23/2021 SWPPP Administrator: Name FRANK TABISH Title: Project Manager Position Title Project Manager Mailing Address PO BOX 7338 City KALISPELL State MT Zip 59904 Telephone 406-758-6409 Email frank@lhcmt.com Company LHC INC Training Course StormWaterOne-CI241 (QCIS)-Qualified Compliance Inspector of Storm Water Completed 08-Oct-2020 Section G - Receivine Surface Water(s): Date Storm Water Outfall/Discharge Locations: For each outfall, list latitude and longitude to the nearest 15 seconds and the name of the receiving waters Outfall Latitude Longitude Receiving Surface Waters 001 48.2530000 -114.335000 Stillwater River MAP: Attach a USGS topographic quadrangle map extending one mile beyond the property boundaries of the site or activity identified in Section B depicting the facility or activity boundaries, major drainage patterns, and the receiving surface waters stated above. Waterbodies with Impairments (see instructions): Are any of the above waterbodies listed as impaired for potential pollutants from your construction activities. (see instructions for accessing the Clean Water Act Information Center ) Yes If yes, have you updated the SWPPP to include BMPs that target and reduce discharges of the identified pollutants causing impairment of the waterbodies and any TMDL requirements? Yes Section H — Describe the Construction Activity or Project Please Describe the Construction Activity or Project Site work and building construction for the new Stillwater Bend Subdivision. Work to include stripping topsoil and export, site grading, trenching for utility installation, hardscape improvements, and landscaping of disturbed area. Please provide a summary of Best Management Practices (BMPs) in the SWPPP Silt fence along the perimeter of the disturbed area, tracking pads at entrances, dust control as necessary, sanitary facilities and trash receptacles, concrete washout facilities. Total site area (acres) 25.000 Area of Construction Related Disturbance (acres) 23.000 Estimated Project Start Date 27-Oct-2021 Estimated Project Completion Date 30-Nov-2022 Estimated Project Final Stabilization Date 30-Nov-2022 Project Type: Commercial History Property: No effect on historic properties Supplemental Information CERTIFICATION Applicant Information: This form must be completed, signed, and certified as follows: 0 For a corporation, 10/23/2021 Paqe 4 of 11 (i) a president, secretary, treasurer, or vice-president of the corporation. (ii) the manager of one or more manufacturing, production, or operating facilities. • For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or • For a municipality, state, federal, or other public facility, by either a principal executive officer or ranking elected official. All Applicants Must Complete the Following Certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information; including the possibility of fine and imprisonment for knowing violations. [75-5-633, MCA] A. Name (Type or Print) JEFF CLARIDGE B. Title (Type or Print) Vice President C. Phone No. 4 06-758-6420 D. Signature Digitally Signed - CROMERR Compliant E. Date Signed October 23, 2021 The Department will not process this form until all of the requested information is supplied, and the appropriate fees are paid. Return this form and the applicable fee to: Department of Environmental Quality Water Protection Bureau PO Box 200901 Helena, MT 59620-0901 406 444-3080 CITY OF KALISPELL September 16, 2022 Kalispell Planning Department Attn: PJ Sorenson P.O. Box 1997 Kalispell, MT 59901 Phone: (406) 758-7932 Re: Stillwater Bend Dear PJ: Kalispell Parks & Recreation 306 Is'Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7715 Fax (406) 758-7719 This letter is to serve as approval on the proposed landscaping plan for the boulevards, common area for Stillwater Bend, per plans submitted by Jackola on January 30, 2023. It is agreed that if the project is extended, the developer will be responsible for submitting bonding for the remaining improvements as specified on the submitted plan for Stillwater Bend. The bond may not be longer than a period of 12 months. Tree plantings are required to meet the Street Tree Ordinance standards of 2 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 is to contact our Parks Superintendent prior to any tree plantings about proper planting protocols and submit a planting permit. Rock in the boulevards and adjacent to the public way is not permitted. Any landscape revisions or substitutions need to be authorized prior to installation. Irrigation will need to extend to the furthermost edges of all irrigated areas and provide head -to -head coverage. All areas with temporary irrigation will need to be underground with no hoses or portable sprinklers used to irrigate. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings at which time any bonding that has been submitted will be released after acceptance completed landscaping. It should be noted that the trees and landscaping are under a 2-warranty period and should they die within this time frame, the developer will be responsible for replacement. Our warranty period will not begin till our arborists accepts them meeting ISA standards, our landscape ordinance, and our forestry ordinance. If you have any concerns or questions, please give me a call. Sincerely, Chad Fincher, Parks and Recreation Director Kalispell Parks and Recreation KALI PELL FIRE DEPARTMENT Dan Pearce — Fire Chief PO Box 1997 Jessica Kinzer Assistant Chief 312 First Avenue East Cec Lee — Fire Secretary Kalispell, Montana 59901 Phone: (406) 758-7760 FAX: (406) 758-7777 Re: Stillwater Bend Phase I Fire Hydrant Locations December 10, 2022 Upon review of the Site Utility Plan submitted to Kalispell Fire Department for Stillwater Bend Phase 1 (Jackola Project 190605 updated 10-14-2022), Sheet C1.20; the Fire Department approves the hydrant layout/spacing and ability to access these hydrants from the design submitted. This approval does not include future development/expansions with additional lots or phases where additional hydrants might be needed depending on site layout. The below comment is included from previous correspondence and is noted on Sheet C1.20. 3. C3.02 —Provide water main easement along the back of lots 6 and TO and the front of lots 5 and 9 to allow for looping of the water main in the event Dave requires an extension for afire hydrant. A 20' utility easement has been provided, and is shown on Sheet C1.00. Daniel Pearce Fire Chief City of Kalispell "Protecting our community with the highest level ofprofessionalism." U► ITEDSTATES J' POST13L SERVICE Jordyn Mallett, El Civil Engineer JACKOLA 2250 HWY 93 S. KALISPELL, MT 59901 July 21, 2020 Jordyn- I have reviewed the plat map for the sub -division located on Stillwater Dr off of HWY 93. It is agreed that the delivery CBU's will be located between LOT's 7 and lion the Westside of Stillwater Dr. The CBU size is a Master 16 with parcel lockers and 1 would suggest a stand-alone parcel locker also. Consider this letter as approval of the site for US Postal Service Delivery. Respectfully, Larry A. Golie EbPostmaster 350 N. Meridian RD Kalispell, MT 59901-9998 "406-257-9796 ®Lawrence.A.Golie@USPS.GOV 5It"L PC) S?. FCA Flathead Station �� q` `'n IL L UNITEDSTATES JUL 2 2 2020 3 +tir•rc+ "Efficiency is doing things right; Effectiveness is doing the right things."— Peter Drucker Bob Erickson Jackola Engineering 11/22/2022 Dear Bob, After review of the location of the proposed Stillwater Bed Subdivision located off Highway 93 and near Rose Crossing, I Can report that there is currently no bus service in that area. Additionally, we do not have any service planned for that area soon. With the current growth in the valley, I do anticipate that down the road we could have an intercity run connecting Kalispell, Whitefish and Kalispell. If this were to happen, I could a see a stop in that general area due to the continued residential growth we are seeing along highway 93 between Kalispell and Whitefish. If you have any further questions regarding our service, please feel free to contact me anytime. Best regards, Elizabeth Wood, Director &" Mountain Climber Public Transportation (406) 758-2130 O P Montana Department of Transportation Prospect Ave (]I�iTANA p p PO Box 201001 4(D� partment of Transportation Approach Permit Helena, MT 59620-1001 (406) 444-6200 Printed Date: 10/05/2022 www.mdt.mt.gov Permit Number: Name: Company Name Address: 7268 JOE CARMEN SPARTAN HOLDINGS LLC 341 W SECOND STREET STE 1 SAN BERNARDINO, CA 92401 Phone Number: (909) 772-4166 Nature of Permit: CONSTRUCTION OF AN APPROACH PER APPROVED PLANS SUBMITTED WITH THE ROSE CROSSING TRAFFIC SIGNAL Sign Route Corridor US-93 C000005 Conditions of Permit: Other Remarks and/or Conditions: Applicant Date Sep 15, 2022 Signatures Issue Date Oct 04, 2022 Mile Post Start Mile Post End County 116.60 116.60 Flathead End Date Permit Type Maintenance Division Permanent Kalispell Type Signature Title pplicant RORY YOUNG MDT District Rep Justun Juelfs Maintenance Chief Page 1 of 2 Approach Permits are subject to the following terms and conditions: TERM - This permit shall be in full force and effect from the date hereof until revoked as herein provided REVOCATION - This permit may be revoked by State upon giving thirty (30) days notice to Permittee by ordinary mail, directed to the address shown in the application hereto attached, but the State reserves the right to revoke this permit without giving said notice in the event Permittee breaks any of the conditions or terms set forth herein. COMMENCEMENT OF WORK - No work shall be commenced until Permittee notifies the Maintenance Chief shown in application the date the Permittee proposes to commence work. CHANGES IN HIGHWAY - If the State changes the highway, or there are other changes to adjoining streets, alleys, etc., which necessitate alterations in structures or installations installed under this permit, Permittee shall make the necessary alterations at Permittee's sole expense or in accordance with a separate agreement. STATE SAVED HARMLESS FROM CLAIMS - In accepting this permit the Permittee, its/his successors or assigns, agree to protect the State and save it harmless from all claims, actions or damage of every kind and description which may accrue to, or be suffered by, any person or persons, corporations or property by reason of the performance of any such work, character of materials used, or manner of installations, maintenance and operation, or by the improper occupancy of said highway right of way, and in case any suit or action is brought against the State and arising out of, or by reason of, any of the above causes, the Permittee, its/his successors or assigns, will upon notice to it/him of the commencement of such action, defend the same at its/his sole cost and expense and satisfy any judgment which may be rendered against the State in any such suit or action. PROTECTION OF TRAFFIC - Submit a traffic control plan for review and approval prior to any work being performed in MDT Right -of -Way. Traffic control must meet current MUTCD and MDT standards and guidance. The approval shall in no way operate to relieve or discharge the Permittee from any of the obligations assumed by acceptance of this permit, and especially those set forth under Section 6 thereof. HIGHWAY AND DRAINAGE - If the work done under this permit interferes in any way with the drainage of the State Highway affected, Permittee shall, at its/his own expense, make such provisions as the State may direct to take care of said drainage. RUBBISH AND DEBRIS - Permittee is responsible for debris that is carried onto the roadway by this construction with sweeping and cleaning done daily at permittee's expense. Upon completion of work contemplated under this permit, all rubbish and debris shall be immediately removed and the roadway and the roadside left in a neat and presentable condition satisfactory to the State WORK TO BE SUPERVISED BY STATE - All work contemplated under this permit shall be done under the supervision of and to the satisfaction of the authorized representative of the State, and the State hereby reserves the right to order the change of location or removal of any structure or installation authorized by this permit at any time, said changes or removal to be made at the sole expense of the permittee. STATES RIGHT NOT TO BE INTERFERED WITH - All such changes, reconstructing or relocation shall be done by Permittee, in such a manner as will cause the least interference with any of the State's work, and the State shall in no way be liable for any damage to the Permittee by reason of any such work by the State, its agents, contractors or representatives, or by the exercise of any rights by the State upon the highways by the installations or structures placed under this permit. REMOVAL OF INSTALLATIONS OR STRUCTURES - Unless waived by the State, upon termination of this permit, the Permittee shall remove the installations or structures contemplated by this permit and restore the premises to the condition existing at the time of entering upon the same under this permit, reasonable and ordinary wear and tear and damage by the elements, or by circumstances over which the Permittee has no control, excepted. MAINTENANCE AT EXPENSE OF PERMITTEE - Permittee shall maintain, at its/his sole expense the installations and structures for which this permit is granted, in a condition satisfactory to the State. STATE NOT LIABLE FOR DAMAGE TO INSTALLATIONS - In accepting this permit the Permittee agrees that any damage or injury done to said installations or structures by a contractor working for the State, or by any State employee engaged in construction, alteration, repair, maintenance or improvement of the State Highway, shall be at the sole expense of the Permittee. STATE TO BE REIMBURSED FOR REPAIRING ROADWAY - Upon being billed therefor Permittee agrees to promptly reimburse State for any expense incurred in repairing surface or roadway due to settlement at installation, or for any other damage to roadway as a result of the work performed under this permit. OTHER CONDITIONS: All approach side slopes will preferably be constructed on 10 to 1 slope but not less than 6 to 1 slope, unless O P Montana Department of Transportation Prospect Ave (]I�iTANA p p PO Box 201001 4(D� partmentofTransportation Approach Application Helena, MT59620-1001 (406) 444-6200 Printed Date: 10/05/2022 www.mdt.mt.gov The Montana Approach Manual can be found on the web at https://www.mdt.mt.aov/publications/docs/manuals/approach manu al. pdf Applicant Information First Name * Last Name * Email JOE CARMEN joeccharger@yahoo.com Company SPARTAN HOLDINGS LLC Mailing Address * Contact Phone 341 W SECOND STREET STE 1 (909) 772-4166 City * State * Zip * SAN BERNARDINO CA 92401 Alternate Contact/Co-Applicant Information (Optional) First Name Last Name Email Phone Contact Type RORY YOUNG ryoung@jackola.com (406) 755-3208 OCo-Applicant @)Alternate Contact Location Information Sign Route * Route Name Mile Post Start * Mile Post End US-93 LlL6.6 Physical Address * IUS HWY 93 & LINCOLN STREET (AKA NOB HILL LOOP) City * County KALISPELL FLATHEAD Legal Description Township Range Section C Page 1 of 5 O P Montana Department of Transportation Prospect Ave (]I�iTANA p p PO Box 201001 4(D� partmentofTransportation Approach Application Helena, MT59620-1001 (406) 444-6200 Printed Date: 10/05/2022 www.mdt.mt.gov Permit Information Nature of Permit (Give sufficient detail of anticipated build/structure/activities that the applicant is requesting to occur in MDT's right-of-way.) * CONSTRUCTION OF AN APPROACH PER APPROVED PLANS SUBMITTED WITH THE ROSE CROSSING TRAFFIC SIGNAL Apply Date 9/15/22 For how long a period is the permit desired? (e.g. Permanent, 30 days, May 1-June 30, 202x)? I1 YEAR Project Scope (Please describe location of work and entire project scope. Include distance from existing highway survey station (if applicable), milepost, centerline, or right-of-way line near which installations of structures will be installed. Please attach a map depicting location.) SEE ATTACHED PLANS. If a Corporation, give State of Incorporation and names of President and Secretary Estimated Trips/Day * Side of Roadway * Use of Property 3000 QNorth @) Commercial QSouth O Field Access QEast 0Joint Use @)West O Muth Family Residence O Single Family Residence O Other. If 'Other' please enter Use of Property Are there environmental actions involving hazardous waste sites? (Superfund, Spills, Underground Storage Tanks, Old Mines, etc.) If Yes you will need to fill out additional environment questions. O Yes @) No Page 2 of 5 MONTANA C]epart ment of Transportation Printed Date: 10/05/2022 Montana Department of Transportation Approach Application Environmental Checklist The Montana Environmental Checklist Help Guide can be found on the web at https://www. mdt. mt.gov/other/webdata/external/planning/forms/environmental-checklist-helpsheet.pdf Checklist Conditions and Required Approvals 2701 Prospect Ave PO Box 201001 Helena, MT 59620-1001 (406) 444-6200 www.mdt.mt.gov A. The applicant is not authorized to proceed with the proposed work until the checklist has been reviewed and approved, as necessary, and any requested conditions of approval have been incorporated. B. Complete the checklist items 1 through 16, indicating "Yes" or "No" for each item. Include comments, explanations, information sources, and a description of the magnitude/importance of potential impacts in the right hand column. Attach additional and supporting information as needed. The checklist preparer, by signing, certifies the accuracy of the information provided. C. If "Yes" is indicated on any of the items, the Applicant must explain the impacts as applicable. Appropriate mitigation measures that will be taken to avoid, minimize, and/or mitigate adverse impacts must also be described. Any proposed mitigation measures will become a condition of approval. Use attachments if necessary. If the applicant checks "No" and the District concludes there may in fact be potential impacts, the Environmental Checklist must be forwarded to Transportation Planning for review and approval. D. If "Yes" is indicated in item 11 a. (threatened or endangered species), the Applicant should provide information naming the particular species and the expected location, distribution and habitat use in the proposed action area, i.e. within the immediate area of the proposed action; or, in the general area on occasion (seasonally passes through) but does not nest, den or occupy the area for more than a few days. E. If the applicant checks "Yes" for any item, the approach permit, occupancy agreement or permit, along with the checklist and supporting information, including the Applicant's mitigation proposal, documentation, evaluation and/or permits must be submitted to Transportation Planning. Electronic format is preferred. F. When the applicant checks "Yes" to any item, the Applicant cannot be authorized to proceed with the proposed work until the MDT Environmental Services Bureau and/or Transportation Planning, as appropriate, reviews the information and signs the checklist. G. Applicant must obtain all necessary permits or authorizations from other entities with jurisdiction prior to beginning the proposed action or activity. The Applicant is solely responsible for any environmental impacts incurred as a result of the project; obtaining any necessary environmental permits, notifications, and/or clearances; and ensuring compliance with environmental laws and regulations. Impact Questions * Comment, Explanation, and/or Actions that qualify for Categorical Exclusion under MEPA and/or NEPA (See ARM Information Source (Attach supporting 18.2.261 and 23 CFR 771.117) information, as necessary.) 1 Will the proposed action impact any known historical or NO archaeological site(s)? 2 Will the proposed action impact any publicly owned parkland(s), NO recreation area(s), wildlife or waterfowl refuge(s)? 3 Will the proposed action impact prime farmlands? (If "YES", attach a NO completed Farmland Conversion Impact Rating Ad-1006.) 4a Will the proposed action have an impact on the human environment NO that may result from relocations of persons or businesses, changes in traffic patterns, changes in grade, or other types of changes? 4b Has the proposed action received any preliminary or final approval YES from the local land use authority? 5 For the proposed action, is there documented controversy on NO environmental grounds? (For example, has the applicant received a letter of petition from an environmental organization?) 6 Will the proposed action require work in, across or adjacent to a NO listed or proposed Wild or Scenic River? 7 Will the proposed action require work in a Class I Air Shed or NO nonattainment area? Page 3 of 5 4(MONTANA Dpartrnent of Transportation Printed Date: 10/05/2022 Montana Department of Transportation Approach Application 2701 Prospect Ave PO Box 201001 Helena, MT 59620-1001 (406) 444-6200 www.mdt.mt.gov 8 Will the proposed action impact air quality or increase noise, even YES BMP's will be employed to reduce impacts temporarily? during construction 9a Is the proposed action located within an MS4 Area? NO (HTTPS://TI NYU RL.COM/3H54CN MD) 9b Will the proposed action have potential to affect water quality, NO wetlands, streams or other water bodies? If "YES", an environment - related permit or authorization may be required. 10 Are solid or hazardous wastes or petroleum products likely to be NO encountered? (For example, project occurs in or adjacent to Superfund sites, known spill areas, understorage tanks, or abandoned mines. 11 a Are there any listed or candidate threatened or endangered species, NO or critical habitat in the vicinity of the proposed action? 11 b Will the proposed action adversely affect listed or candidate NO threatened or endangered species, or adversely modify critical habitat? 12 Will the proposed action require an environmental -related permit or NO authorization? If the answer is "YES", please list the specific permits or authorizations. 13 Is the proposed action within designated sage grouse habitat NO (https:Hsagegrouse.mt.gov). (If "YES", a consultation letter issued from the Montana Sage Grouse Habitat Conservation Program is required.) 14a Is the proposed action on or within approximately 1 mile of an Indian NO Reservation? 14b If "YES", will a Tribal Water Permit be required? N/A 15 Will the proposed action result in increased traffic volumes, increased YES wait or delays on state highways, or have adverse impacts on other forms of transportation (rail, transit or air movements)? 16 Is the proposed action part of a project that may require other YES Adjacent development project has been governmental permits, licenses or easements? If "Yes", describe the approved by City of Kalispell full extent of the project and any other permits, licenses or easements that may be necessary for the applicant to acquire in the project scope box above. 17 Attach a brief description of the work to be performed, including any NO subsurface work. 18 Attach representative photos of the site(s) where the proposed action YES would be implemented. Photos are to include any structures, streams, irrigation canals, and/or potential wetlands in the project area. 19 Attach map(s) showing the location(s) of the proposed action(s); YES Section, Township, Range; highway or route number and approximate route ost s . Checklist preparers (Signature) Page 4 of 5 Approach Permits are subject to the following terms and conditions: TERM - This permit shall be in full force and effect from the date hereof until revoked as herein provided REVOCATION - This permit may be revoked by State upon giving thirty (30) days notice to Permittee by ordinary mail, directed to the address shown in the application hereto attached, but the State reserves the right to revoke this permit without giving said notice in the event Permittee breaks any of the conditions or terms set forth herein. COMMENCEMENT OF WORK - No work shall be commenced until Permittee notifies the Maintenance Chief shown in application the date the Permittee proposes to commence work. CHANGES IN HIGHWAY - If the State changes the highway, or there are other changes to adjoining streets, alleys, etc., which necessitate alterations in structures or installations installed under this permit, Permittee shall make the necessary alterations at Permittee's sole expense or in accordance with a separate agreement. STATE SAVED HARMLESS FROM CLAIMS - In accepting this permit the Permittee, its/his successors or assigns, agree to protect the State and save it harmless from all claims, actions or damage of every kind and description which may accrue to, or be suffered by, any person or persons, corporations or property by reason of the performance of any such work, character of materials used, or manner of installations, maintenance and operation, or by the improper occupancy of said highway right of way, and in case any suit or action is brought against the State and arising out of, or by reason of, any of the above causes, the Permittee, its/his successors or assigns, will upon notice to it/him of the commencement of such action, defend the same at its/his sole cost and expense and satisfy any judgment which may be rendered against the State in any such suit or action. PROTECTION OF TRAFFIC - Submit a traffic control plan for review and approval prior to any work being performed in MDT Right -of -Way. Traffic control must meet current MUTCD and MDT standards and guidance. The approval shall in no way operate to relieve or discharge the Permittee from any of the obligations assumed by acceptance of this permit, and especially those set forth under Section 6 thereof. HIGHWAY AND DRAINAGE - If the work done under this permit interferes in any way with the drainage of the State Highway affected, Permittee shall, at its/his own expense, make such provisions as the State may direct to take care of said drainage. RUBBISH AND DEBRIS - Permittee is responsible for debris that is carried onto the roadway by this construction with sweeping and cleaning done daily at permittee's expense. Upon completion of work contemplated under this permit, all rubbish and debris shall be immediately removed and the roadway and the roadside left in a neat and presentable condition satisfactory to the State WORK TO BE SUPERVISED BY STATE - All work contemplated under this permit shall be done under the supervision of and to the satisfaction of the authorized representative of the State, and the State hereby reserves the right to order the change of location or removal of any structure or installation authorized by this permit at any time, said changes or removal to be made at the sole expense of the permittee. STATES RIGHT NOT TO BE INTERFERED WITH - All such changes, reconstructing or relocation shall be done by Permittee, in such a manner as will cause the least interference with any of the State's work, and the State shall in no way be liable for any damage to the Permittee by reason of any such work by the State, its agents, contractors or representatives, or by the exercise of any rights by the State upon the highways by the installations or structures placed under this permit. REMOVAL OF INSTALLATIONS OR STRUCTURES - Unless waived by the State, upon termination of this permit, the Permittee shall remove the installations or structures contemplated by this permit and restore the premises to the condition existing at the time of entering upon the same under this permit, reasonable and ordinary wear and tear and damage by the elements, or by circumstances over which the Permittee has no control, excepted. MAINTENANCE AT EXPENSE OF PERMITTEE - Permittee shall maintain, at its/his sole expense the installations and structures for which this permit is granted, in a condition satisfactory to the State. STATE NOT LIABLE FOR DAMAGE TO INSTALLATIONS - In accepting this permit the Permittee agrees that any damage or injury done to said installations or structures by a contractor working for the State, or by any State employee engaged in construction, alteration, repair, maintenance or improvement of the State Highway, shall be at the sole expense of the Permittee. STATE TO BE REIMBURSED FOR REPAIRING ROADWAY - Upon being billed therefor Permittee agrees to promptly reimburse State for any expense incurred in repairing surface or roadway due to settlement at installation, or for any other damage to roadway as a result of the work performed under this permit. OTHER CONDITIONS: All approach side slopes will preferably be constructed on 10 to 1 slope but not less than 6 to 1 slope, unless O P Montana Department of Transportation Prospect Ave (]I�iTANA p p PO Box 201001 4(D� partment of Transportation Encroachment Permit Helena, MT 59620-1001 (406) 444-6200 Printed Date: 10/05/2022 www.mdt.mt.gov Permit Number: Name: Company Name Address: 7267 JOE CARMEN SPARTAN HOLDINGS 341 W SECOND STREET STE 1 SAN BERNARDINO, CA 92401 Phone Number: (909) 772-4166 Nature of Permit: CONSTRUCTION OF A PED CROSSING AT THE ROSE CROSSING INTERSECTION ALONG US93 TO COINSIDE WITH CONSTRUCTION OF THE SIGNAL AND APPROACH AT ROSE CROSSING PER THE APPROVED APPROACH PERMIT. Sign Route Corridor US-93 C000005 Conditions of Permit: Other Remarks and/or Conditions: Applicant Date Aug 03, 2022 Signatures Issue Date Oct 04, 2022 Mile Post Start Mile Post End County 116.85 116.85 Flathead End Date Permit Type Maintenance Division Permanent Kalispell Type Signature Title pplicant Rory Young MDT District Rep Justun Juelfs Maintenance Chief Page 1 of 2 Encroachment Permits are subject to the following terms and conditions: TERM - This permit shall be in full force and effect from the date hereof until revoked as herein provided. FEE - The fee for issuance of this permit is REVOCATION - This permit my be revoked by State upon giving 45 days notice to Permittee by ordinary mail, sent to the address shown herein. However, the State may revoke this permit without notice if Permittee violates any of its conditions or terms. COMMENCEMENT OF WORK - No work shall be commenced until Permittee notifies the Maintenance Chief shown in application the date the Permittee proposes to commence work. CHANGES IN HIGHWAY - If State highway changes necessitate changes in structures or installations installed under this permit, permittee will make necessary changes without expense to State. STATE SAVED HARMLESS FROM CLAIMS - In accepting this permit the Permittee, its/his successors or assigns, agree to protect the State and save it harmless from all claims, actions or damage of every kind and description which may accrue to, or be suffered by, any person or persons, corporations or property by reason of the performance of any such work, character of materials used, or manner of installations, maintenance and operation, or by the improper occupancy of said highway right of way, and in case any suit or action is brought against the State and arising out of, or by reason of, any of the above causes, the Permittee, its/his successors or assigns, will upon notice to it/him of the commencement of such action, defend the same at its/his sole cost and expense and satisfy any judgment which may be rendered against the State in any such suit or action. PROTECTION OF TRAFFIC - The Permittee shall protect the work area with traffic control devices that comply with the Manual of Uniform Traffic Control Devices. The Permittee may be required to submit a traffic control plan to the Maintenance Chief for approval prior to starting work. During work, the Maintenance Chief or designee may require the Permittee to use additional traffic control devices to protect traffic or the work area. No road closure shall occur without prior approval from the District Engineer. HIGHWAY AND DRAINAGE - If the work done under this permit interferes in any way with the drainage of the State highway affected, Permittee shall, at the Permittees expense, make such provisions as the State may direct to remedy the interference. RUBBISH AND DEBRIS - Upon completion of work contemplated under this permit, all rubbish and debris shall be immediately removed and the roadway and roadside left in a neat and presentable condition satisfactory to the State. INSPECTION - The installation authorized by this permit shall be in compliance with the attached plan and the conditions of this permit. The Permittee may be required to remove or revise the installation, at sole expense of Permittee. If the installation does not conform with the requirements of this permit or the attached plan. STATES RIGHT NOT TO BE INTERFERED WITH - All changes, reconstruction or relocation shall be done by Permittee so as to cause the least interference with any of the States work, and the State shall not be liable for any damage to the Permittee by reason of any such work by the State, its agents, contractor or representatives, or by the excercise of any rights by the State upon the highways by the installations or structures placed under this permit. REMOVAL OF INSTALLATIONS OR STRUCTURES - Unless waived by the State, upon termination of this permit, the Permittee shall remove the installations or structures installed under this permit at no cost to the State and restore the premises to the prior existing condition, reasonable and ordinary wear and tear and damage by the elements, or by circumstances over which the Permittee has no control, excepted. MAINTENANCE AT EXPENSE OF PERMITTEE - Permittee shall maintain, at its sole expense, the installations and structures for which this permit is granted, in a condition satisfactory to the State. STATE NOT LIABLE FOR DAMAGE TO INSTALLATIONS - In accepting this permit the Permittee agrees that any damage or injury done to said installations or structures by a contractor working for the State, or by any State employee engaged in construction, alteration, repair, maintenance or improvement of the State highway, shall be at the sole expense of the Permittee. STATE TO BE REIMBURSED FOR REPAIRING ROADWAY - Upon being billed, therefore, Permittee agrees to promptly reimburse State for any expense incurred in repairing surface of roadway due to settlement at installation, or for any other damage to roadway as a result of the work performed under this permit. The Permittee shall not discharge or cause discharge of any hazardous or solid waste by the installation or operation of the facility of a State Right -of -Way. The Permittee will control noxious weeds within the disturbed installation area for two (2) years. In accordance with Mont. Code Ann. 76-3-403(2), Permittee shall, at Permittees expense, employ the services of a Montana Licensed Professional Land Surveyor to re-establish all existing survey monuments disturbed by work contemplated under this permit. O P Montana Department of Transportation Prospect Ave (]I�iTANA p p PO Box 201001 4(D� partment of Transportation Encroachment Application Helena, MT 59620-1001 (406) 444-6200 Printed Date: 10/05/2022 www.mdt.mt.gov Applicant Information First Name * Last Name * Email JOE CARMEN joeccharger@yahoo.com Company SPARTAN HOLDINGS Mailing Address * Contact Phone 341 W SECOND STREET STE 1 (909) 772-4166 City * State * Zip * SAN BERNARDINO CA 92401 Alternate Contact/Co-Applicant Information (Optional) First Name Last Name Email Phone Contact Type RORY YOUNG ryoung@jackola.com (406) 755-3208 OCo-Applicant @)Alternate Contact Location Information Sign Route * Route Name Mile Post Start * Mile Post End US-93 LlL6.8 5 Physical Address US HWY 93 & ROSE CROSSING PED CROSSING City * County KALISPELL FLATHEAD Legal Description Township Range Section C Page 1 of 5 O P Montana Department of Transportation Prospect Ave (]I�iTANA p p PO Box 201001 4(D� partment of Transportation Encroachment Application Helena, MT 59620-1001 (406) 444-6200 Printed Date: 10/05/2022 www.mdt.mt.gov Permit Information Nature of Permit (Give sufficient detail of anticipated build/structure/activities that the applicant is requesting to occur in MDT's right-of-way.) * CONSTRUCTION OF A PED CROSSING AT THE ROSE CROSSING INTERSECTION ALONG US93 TO COINSIDE WITH CONSTRUCTION OF THE SIGNAL AND APPROACH AT ROSE CROSSING PER THE APPROVED APPROACH PERMIT. Apply Date 8/3/22 For how long a period is the permit desired? (e.g. Permanent, 30 days, May 1-June 30, 202x)? I1 YEAR Project Scope (Please describe location of work and entire project scope. Include distance from existing highway survey station (if applicable), milepost, centerline, or right-of-way line near which installations of structures will be installed. Please attach a map depicting location.) SEE ATTACHED PLANS. If a Corporation, give State of Incorporation and names of President and Secretary Are there environmental actions involving hazardous waste sites? (Superfund, Spills, Underground Storage Tanks, Old Mines, etc.) If Yes you will need to fill out additional environment questions. O Yes Q No Page 2 of 5 MONTANA C]epart ment of Transportation Printed Date: 10/05/2022 Montana Department of Transportation Encroachment Application Environmental Checklist The Montana Environmental Checklist Help Guide can be found on the web at https://www. mdt. mt.gov/other/webdata/external/planning/forms/environmental-checklist-helpsheet.pdf Checklist Conditions and Required Approvals 2701 Prospect Ave PO Box 201001 Helena, MT 59620-1001 (406) 444-6200 www.mdt.mt.gov A. The applicant is not authorized to proceed with the proposed work until the checklist has been reviewed and approved, as necessary, and any requested conditions of approval have been incorporated. B. Complete the checklist items 1 through 16, indicating "Yes" or "No" for each item. Include comments, explanations, information sources, and a description of the magnitude/importance of potential impacts in the right hand column. Attach additional and supporting information as needed. The checklist preparer, by signing, certifies the accuracy of the information provided. C. If "Yes" is indicated on any of the items, the Applicant must explain the impacts as applicable. Appropriate mitigation measures that will be taken to avoid, minimize, and/or mitigate adverse impacts must also be described. Any proposed mitigation measures will become a condition of approval. Use attachments if necessary. If the applicant checks "No" and the District concludes there may in fact be potential impacts, the Environmental Checklist must be forwarded to Transportation Planning for review and approval. D. If "Yes" is indicated in item 11 a. (threatened or endangered species), the Applicant should provide information naming the particular species and the expected location, distribution and habitat use in the proposed action area, i.e. within the immediate area of the proposed action; or, in the general area on occasion (seasonally passes through) but does not nest, den or occupy the area for more than a few days. E. If the applicant checks "Yes" for any item, the approach permit, occupancy agreement or permit, along with the checklist and supporting information, including the Applicant's mitigation proposal, documentation, evaluation and/or permits must be submitted to Transportation Planning. Electronic format is preferred. F. When the applicant checks "Yes" to any item, the Applicant cannot be authorized to proceed with the proposed work until the MDT Environmental Services Bureau and/or Transportation Planning, as appropriate, reviews the information and signs the checklist. G. Applicant must obtain all necessary permits or authorizations from other entities with jurisdiction prior to beginning the proposed action or activity. The Applicant is solely responsible for any environmental impacts incurred as a result of the project; obtaining any necessary environmental permits, notifications, and/or clearances; and ensuring compliance with environmental laws and regulations. Impact Questions * Comment, Explanation, and/or Actions that qualify for Categorical Exclusion under MEPA and/or NEPA (See ARM Information Source (Attach supporting 18.2.261 and 23 CFR 771.117) information, as necessary.) 1 Will the proposed action impact any known historical or NO archaeological site(s)? 2 Will the proposed action impact any publicly owned parkland(s), NO recreation area(s), wildlife or waterfowl refuge(s)? 3 Will the proposed action impact prime farmlands? (If "YES", attach a NO completed Farmland Conversion Impact Rating Ad-1006.) 4a Will the proposed action have an impact on the human environment NO that may result from relocations of persons or businesses, changes in traffic patterns, changes in grade, or other types of changes? 4b Has the proposed action received any preliminary or final approval YES from the local land use authority? 5 For the proposed action, is there documented controversy on NO environmental grounds? (For example, has the applicant received a letter of petition from an environmental organization?) 6 Will the proposed action require work in, across or adjacent to a NO listed or proposed Wild or Scenic River? 7 Will the proposed action require work in a Class I Air Shed or NO nonattainment area? Page 3 of 5 4(MONTANA Dpartrnent of Transportation Printed Date: 10/05/2022 Montana Department of Transportation Encroachment Application 2701 Prospect Ave PO Box 201001 Helena, MT 59620-1001 (406) 444-6200 www.mdt.mt.gov 8 Will the proposed action impact air quality or increase noise, even YES BMP's will be employed to reduce impacts temporarily? during construction 9a Is the proposed action located within an MS4 Area? NO (HTTPS://TI NYU RL.COM/3H54CN MD) 9b Will the proposed action have potential to affect water quality, NO wetlands, streams or other water bodies? If "YES", an environment - related permit or authorization may be required. 10 Are solid or hazardous wastes or petroleum products likely to be NO encountered? (For example, project occurs in or adjacent to Superfund sites, known spill areas, understorage tanks, or abandoned mines. 11 a Are there any listed or candidate threatened or endangered species, NO or critical habitat in the vicinity of the proposed action? 11 b Will the proposed action adversely affect listed or candidate NO threatened or endangered species, or adversely modify critical habitat? 12 Will the proposed action require an environmental -related permit or NO authorization? If the answer is "YES", please list the specific permits or authorizations. 13 Is the proposed action within designated sage grouse habitat NO (https://sagegrouse.mt.gov). (If "YES", a consultation letter issued from the Montana Sage Grouse Habitat Conservation Program is required.) 14a Is the proposed action on or within approximately 1 mile of an Indian NO Reservation? 14b If "YES", will a Tribal Water Permit be required? N/A 15 Will the proposed action result in increased traffic volumes, increased YES wait or delays on state highways, or have adverse impacts on other forms of transportation (rail, transit or air movements)? 16 Is the proposed action part of a project that may require other YES Adjacent development project has been governmental permits, licenses or easements? If "Yes", describe the approved by City of Kalispell full extent of the project and any other permits, licenses or easements that may be necessary for the applicant to acquire in the project scope box above. 17 Attach a brief description of the work to be performed, including any NO Installation of new traffic signal and subsurface work. associated utilities 18 Attach representative photos of the site(s) where the proposed action YES would be implemented. Photos are to include any structures, streams, irrigation canals, and/or potential wetlands in the project area. 19 Attach map(s) showing the location(s) of the proposed action(s); YES Section, Township, Range; highway or route number and approximate route ost s . Checklist preparers (Signature) Page 4 of 5 Encroachment Permits are subject to the following terms and conditions: TERM - This permit shall be in full force and effect from the date hereof until revoked as herein provided. FEE - The fee for issuance of this permit is REVOCATION - This permit my be revoked by State upon giving 45 days notice to Permittee by ordinary mail, sent to the address shown herein. However, the State may revoke this permit without notice if Permittee violates any of its conditions or terms. COMMENCEMENT OF WORK - No work shall be commenced until Permittee notifies the Maintenance Chief shown in application the date the Permittee proposes to commence work. CHANGES IN HIGHWAY - If State highway changes necessitate changes in structures or installations installed under this permit, permittee will make necessary changes without expense to State. STATE SAVED HARMLESS FROM CLAIMS - In accepting this permit the Permittee, its/his successors or assigns, agree to protect the State and save it harmless from all claims, actions or damage of every kind and description which may accrue to, or be suffered by, any person or persons, corporations or property by reason of the performance of any such work, character of materials used, or manner of installations, maintenance and operation, or by the improper occupancy of said highway right of way, and in case any suit or action is brought against the State and arising out of, or by reason of, any of the above causes, the Permittee, its/his successors or assigns, will upon notice to it/him of the commencement of such action, defend the same at its/his sole cost and expense and satisfy any judgment which may be rendered against the State in any such suit or action. PROTECTION OF TRAFFIC - The Permittee shall protect the work area with traffic control devices that comply with the Manual of Uniform Traffic Control Devices. The Permittee may be required to submit a traffic control plan to the Maintenance Chief for approval prior to starting work. During work, the Maintenance Chief or designee may require the Permittee to use additional traffic control devices to protect traffic or the work area. No road closure shall occur without prior approval from the District Engineer. HIGHWAY AND DRAINAGE - If the work done under this permit interferes in any way with the drainage of the State highway affected, Permittee shall, at the Permittees expense, make such provisions as the State may direct to remedy the interference. RUBBISH AND DEBRIS - Upon completion of work contemplated under this permit, all rubbish and debris shall be immediately removed and the roadway and roadside left in a neat and presentable condition satisfactory to the State. INSPECTION - The installation authorized by this permit shall be in compliance with the attached plan and the conditions of this permit. The Permittee may be required to remove or revise the installation, at sole expense of Permittee. If the installation does not conform with the requirements of this permit or the attached plan. STATES RIGHT NOT TO BE INTERFERED WITH - All changes, reconstruction or relocation shall be done by Permittee so as to cause the least interference with any of the States work, and the State shall not be liable for any damage to the Permittee by reason of any such work by the State, its agents, contractor or representatives, or by the excercise of any rights by the State upon the highways by the installations or structures placed under this permit. REMOVAL OF INSTALLATIONS OR STRUCTURES - Unless waived by the State, upon termination of this permit, the Permittee shall remove the installations or structures installed under this permit at no cost to the State and restore the premises to the prior existing condition, reasonable and ordinary wear and tear and damage by the elements, or by circumstances over which the Permittee has no control, excepted. MAINTENANCE AT EXPENSE OF PERMITTEE - Permittee shall maintain, at its sole expense, the installations and structures for which this permit is granted, in a condition satisfactory to the State. STATE NOT LIABLE FOR DAMAGE TO INSTALLATIONS - In accepting this permit the Permittee agrees that any damage or injury done to said installations or structures by a contractor working for the State, or by any State employee engaged in construction, alteration, repair, maintenance or improvement of the State highway, shall be at the sole expense of the Permittee. STATE TO BE REIMBURSED FOR REPAIRING ROADWAY - Upon being billed, therefore, Permittee agrees to promptly reimburse State for any expense incurred in repairing surface of roadway due to settlement at installation, or for any other damage to roadway as a result of the work performed under this permit. The Permittee shall not discharge or cause discharge of any hazardous or solid waste by the installation or operation of the facility of a State Right -of -Way. The Permittee will control noxious weeds within the disturbed installation area for two (2) years. In accordance with Mont. Code Ann. 76-3-403(2), Permittee shall, at Permittees expense, employ the services of a Montana Licensed Professional Land Surveyor to re-establish all existing survey monuments disturbed by work contemplated under this permit. After recording, return to: City of Kalispell Attn: City Clerk PO Box 1997 Kalispell, MT 59903 QUITCLAIM DEED TRANSFERRING PROPORTIONATE INTEREST IN WATER RIGHT FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged, the undersigned, Stillwater Bend, LLC, 341 West 2"d Street., Suite. 1, San Bernardino, CA 92401 as Grantor, hereby grants to The City of Kalispell, 201 First Avenue East, Kalispell, MT 59901, as Grantee, the following described property in Flathead County, Montana: That certain water rights described as: A proportionate share of the interest held by Stillwater Bend, LLC in Statement of Claim 76LJ 9138-00, with such proportionate interest defined by the 25.45-acre place of use for 76LJ 9138-00 located within the final platted boundaries of Stillwater Bend, Phase 1, located in the Northeast 1/4 of the Northeast 1/4 of Section 25, Township 29 North, Range 22 West, P.M.,M., Flathead County, Montana This 24.45-acre place of use is referenced and illustrated on a completed DNRC Form 642 and map appended to DNRC Form 642, all maintained within the official records of DNRC. Together with all casements or other rights that may be appurtenant to or associated with the foregoing water rights, to have and to hold unto the Grantee, and to the Grantee's successors and assigns, forever. Page 1 of 2 DATED: ,S - /6 - , 2023 Stillwater Bend, LLC By: Nick Coussoulis, Manager STATE OF MONTANA )SS: County of Flathead This instrument was acknowledged before me on Manager of Stillwater Bend, LLC. STEPHEN M PETRINI �w �aTAR $fy NOTARY PUBLIC for the SEIdIL Q State of Montana Residing at Kalispell, Montana 4 �¢� My Commission Expires a��aN October 8, 2025 Page 2 of 2 Form No.642 (1101-2013) DNRC OWNERSHIP UPDATE ` EXEMPT (RESERVED) / SEVERED WATER RIGHT The deed or other recorded instrument must show that the water right is no longer appurtenant to the property. MCA § 85-2-424 Redd Date If the ownership interest in the water right is being divided, complete a Form 641 Divided Interest form instead. Complete one form for each water right that will be exempted (reserved) / severed. Contact your local DNRC Water Resources Regional Office if you have any questions. Filing Fee $50.00 FOR DEPARTMENT USE ONLY Rec'd By Fee Redd $ Payor Refund $ Deposit Receipt # OUID # IMPORTANT NOTE Check No. Date By severing a water right, it has been severed from the historic place of use and is no longer appurtenant to that property. A severed water right will require a change authorization in order to use the water right in a manner inconsistent with historical practices. Contact your local DNRC Water Resources Regional Office if you have questions concerning the continued use of the water right being severed. 1 WATER RIGHT BEING EXEMPTED (RESERVED) / SEVERED portion equal to 25.45 acres of 76LJ 9138-00 2. DNRC WATER RIGHT OWNER OF RECORD MAILING ADDRESS 341 W 2nd St., Ste. 1 CITY San Bernardino PHONE 3. WATER RIGHT OWNER (IF DIFFERENT) _ MAILING ADDRESS 201 First Avenue Eas CITY Kalispell ..USN Stillwater Bend, LLC EMAIL City of Kalispell EMAIL STATE CA ZIP 92401 STATE MT ZIP 59901 4. WHO SHOULD DNRC CONTACT WITH QUESTIONS? NAME Rory Young, PE (Jackola Engineering & Architecture, PC) PHONE 406.755.3208 EMAIL ryoungt)jackola.com 5. 0 ATTACH A COPY OF A DEED OR OTHER RECORDED INSTRUMENT SHOWING THAT THE WATER RIGHT IS NO LONGER APPURTENANT TO THE PROPERTY. IF OWNERSHIP OF WATER RIGHT IS NOT CURRENT, PROVIDE CHAIN OF TITLE FROM DNRC RECORD OWNER TO THE CURRENT OWNER. 6. PROVIDE A MAP 0 An aerial photo is preferred. You may also use a scaled map, county plat or quad map showing township and range, section corners, and a north arrow. Be sure to indicate the point of diversion and place of use. If this is a partial sever/exemption indicate which part of the place of use is exempted (reserved) / severed and which part is owned by whom. Form 642 DNRC Ownership Update Exempt (Reserved) / Severed Water Right Page - 1 - 7 PLACE OF USE BEING EXEMPTED (RESERVED) I SEVERED Entire Water Right? ❑ Y 24.45 acres NE 114 NE 1/4 1/4 Sec 25 TWP 29 Z N ❑ S acres 114 1/4 1/4 Sec TWP ❑ N ❑ S acres 1/4 1/4 114 Sec TWP ❑ N [-1 S Lot/Tract Block Subdivision Name Stillwater Bend, Phase 1 COS Gov't Lot County Flathead Geocodes(s) ®N RGE RGE RGE ❑EZW ❑E❑W ❑E❑W 8. PLEASE INITIAL THE FOLLOWING INDICATING THAT YOU HAVE READ AND UNDERSTAND EACH STATEMENT. Any continued use of this water right must remain consistent with historic practices. If you have plans to change any portion of this water right, you must contact DNRC and receive a Change Authorization prior to changing the water use. The flow rate used may not exceed the claimed / permitted flow rate at any time. 9. WATER RIGHT OWNER SIGNATURE I DECLARE UNDER PENALTY OF PERJURY AND UNDER THE LAWS OF THE STATE OF MONTANA THAT THE FOREGOING IS TRUE AND CORRECT. Printed Name o Owner Signature Date: E7:' -,?Ox3 Printed Name Owner Signature Date: WATER RESOURCES OFFICES BILLINGS: AIRPORT 1NDUSTRIAL PARK, HELENA: 1424 9TH AVENUE. PO BOX 201601, 1371 RIMTOP DR., BILLINGS MT 59105-1978 HELENA MT 59620-1601 PHONE-: 406-247-4415 FAX: 406-247-4416 PHONE; 406-444-6999 FAX: 406-444-9317 SERVING: Big Horn, Carbon, Carter, Custer, Fallon, SERVING: Beaverhead, Broadwater, Deer Lodge, Powder River, Prairie;, Rosebud, Stillwater, Sweet Grass.. Jefferson, Lewis and Clark, Powell, and Silver Bow Treasure, and YCI]OWSIOt7C Counties Counties BOZEMAN- 2273 BOOT HILT. COURT, SUITE 110, KALISPELL: 655 T1MBERWOLF PARKWAY, SUITE 4, BO/_LMAN MT 59715 KALISPFIA- MT 5990[-1215 PHONE: 406-586-3136 FAX: 406-587-9726 PHONE: 406-752 2288 FAX: 406-752 2843 SERVING: Gallatin, Madison, and Park Counties SERVING: Flathead, Lake, Lincoln, and Sanders Counties GLASGOW* 222 6TH STREET SOUTH. PO BOX 1269, GLASGOW MT 59230-1269 LEWISTOWN: 613 NORTHEAST MAIN ST., SUIT]: E1, PHONE: 406-228-2561 FAX: 406-228-8706 LEWISTOWN MT 59457-2020 SERVING: Daniels, Dawson, Garfield, McCune, Phillips, PHONE: 406-538-7459 FAX: 406-538-7099 Richland, Roosevelt, Sheridan, Valley. and Wibaux SERVING: Cascade, Fergus, Golden Valley, Judith Counties Basin, Meagher, Musselshell, Petroleum, and Wheatland Counties HAVRE: 210 6TH AVFiNU1i, PO BOX 1828, HAVRE MT 59501-1828 PHONE: 406-265-5516 FAX: 406-265-2225 SERVING: Blaine. Choutcau. Glacier, Hill. Liberty, Pandora, Teton, and Toole Counties MISSOULA: 2705 SPURGIN ROAD. BLDG. C. PO BOX 5004, MISSOULA MT 59806-5004 PHONE: 406-721-4284 FAX: 406-542-5999 SERVING: Granite. Mineral, Missoula, and Ravalli Counties MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION Wafer Resources Division - Water Rights Bureau WESSITE, http://dnrc.mt.gov/wrd/ Form 642 DNRC Ownership Update Exempt (Reserved) / Severed Water Right Page - 2 - January 24, 2023 76LJ 9138-00 Page 1 of 1 General Abstract STATE OF MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION 1424 9TH AVENUE P.O.BOX 201601 HLLLNA, MONTANA 59620-1601 GENERAL ABSTRACT Water Right Number: 76LJ 9138-00 STATEMENT OF CLAIM Version: 1 -- ORIGINAL RIGHT Version Status: ACTIVE Owners: INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL 1910 W SUNSET BLVD SUITE 200 PO BOX 26902 LOS ANGELES, CA 90026-0176 IDA M WHITTET 2782 HWY 93 N KALISPELL, MT 59901 STILLWATER BEND LLC 341 W 2ND ST STE 1 SAN BERNARDINO, CA92401-1804 Priority Date: AUGUST 11, 1951 Enforceable Priority Date: AUGUST 11, 1951 Type of Historical Right: FILED Purpose (use): IRRIGATION Irrigation Type: SPRINKLER/FLOOD Maximum Flow Rate: 1.1 1 CFS Maximum Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. Climatic Area: 3 - MODERATE Maximum Acres: 40.00 Source Name: STILLWATER RIVER Source Type: SURFACE WATER Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Tivp RRe County 1 SWNENE 25 29N 22W FLATHEAD Period of Diversion:APRIL 15 TO OCTOBER 15 Diversion Means: PUMP Period of Use: APRIL 15 to OCTOBER 15 Place of Use: ID Acres Govt Lot Qtr Sec Sec Tivp RRe County 1 40.00 N2NE 25 29N 22W FLATHEAD Total: 40.00 Geocodes/Valid: 07-4077-25-1-01-18-0000 - Y 07-4077-25-1-01-20-0000 - Y 07-4077-25-1-01-30-0000 - Y Remarks: THE FOLLOWING ELEMENTS WERE AMENDED BY THE CLAIMANT ON 04/10/2009: IRRIGATION TYPE, PLACE OF USE, MAXIMUM ACRES. STARTING IN 2008, PERIOD OF DIVERSION WAS ADDED TO MOST CLAIM ABSTRACTS, INCLUDING THIS ONE. WATER RIGHT OWNERSHIP UPDATE RECEIVED 12/02/1988. OWNERSHIP UPDATE RECEIVED OWNERSHIP UPDATE TYPE DOR # 120285 RECEIVED 08/06/2008. OWNERSHIP UPDATE TYPE 608 # 66309 RECEIVED 04/20/2009. OWNERSHIP UPDATE TYPE DOR # 116564 RECEIVED 12/30/2013. OWNERSHIP UPDATE TYPE DOR # 157530 RECEIVED 06/30/2017. OWNERSHIP UPDATE TYPE DOR # 176087 RECEIVED 05/29/2018. OWNERSHIP UPDATE TYPE DOR # 242221 RECEIVED 06/23/2022. Form 273 (Rev. 09/22/03) (file name 273.03.doc) 310-PERMIT CONSERVATION DISTRICT'S DECISION DECISION DATE: a Notice: THIS AUTHORIZATION DOES NOT GIVE PERMISSION TO CARRY OUT A PROJECT ON LAND THAT IS NOT OWNED BY THE HOLDER OF THIS PERMIT. Landowner permission, easements or other federal, state, or local permits, licenses, special use permits, or authorizations may be required before construction of the project. It is the duty of the holder of this permit to determine which are necessary and obtain them prior to construction of the project. Landowner Name/Address: Spartan Holdings, 341 W. Second, STE 1, San Bernardino, CA 92401 Applicant Name/Address: Spartan Holdings, 341 W. Second, STE 1, San Bernardino, GA 92401 Perennial Stream: Stillwater River Section: 25 Township: 29 Range: 22 Supervisors' Decision (check) ❑�,�Approved j1 Approved With Modifications ❑ Denied ❑ Not A Project Explanation: LXJ See Attached (if more room is necessary) LJ Check here if 15-day waiting period has been waived Work may begin on or after: Permit Expiration Date: Z,� Date Transmitted to Applicant & DFWP: L TO BE COMPLETED BY THE APPLICANT heck the appropriate box sign and return a copy to the district office within 30 days of receipt of this permit. ®I agree to proceed with the project in accordance with the approved application and specifications outlined in this permit and will allow a follow-up inspection. 0 1 disagree with the terms of this permit and I will seek judicial review in district court within 30 days of receipt of this permit. (This box may only be checked if you did not sign an arbitration agreement when you submitted your application.) © 1 disagree with the terms of this permit and hereby request arbitration. I agree to abide by the arbitration agreement attached to or on the reverse of this form — OR, if an arbitration agreement was signed when the permit application was submitted, I will abide that agreement. Signature of Applicant: r Date: -- �, 2� D FLATHEAD CONSERVATION DISTRICT 133 Interstate Lane, Kalispell, MT 59901 Phone: 406-752-4220 Fax: 406-752-4077 www.flatheadcd.org 310-PERMIT APPLICATION OFL2020033, Stillwater River, Spartan Holdings rurrn zio tmuv, i uco/zu ie) Une name Lro fi oaci „ CONSERVATION � " ps_'�a�. R M I/T°�9 �I Q�`�° lei �{ CONSERVA 1 IO d DISTRICT'S RIB✓ 1'S DECISION f�4 53 DECISION DATE: Notice: THIS AUTHORIZATION DOES NOT GIVE PERMISSION TO CARRY OUT A PROJECT ON LAND THAT IS NOT OWNED BY THE HOLDER ®F THIS PERMIT. Landowner permisss ion, easementor other federal, state, or local permits; licenses; speclal use permits, or authorizations maybe required` before construction of the project. it is the duty of the holder of this permit to determine which are necessary and obtain them prior to construction of the project.: Landowner Name/Address: Spartan Holdings 341 W Second, STE 1, San Bernardino, CA 92401 Applicant Name/Address: Spartan Holdings 341 W Second, STE 1, San Bernardino,.CA 92401 Perennial_ Stream: Stillwater River Section: 25 Township: 29 Range: 22 Supervisors' Decision (check) Explanation: D Approved Approved With Modifications 0 Denied E] Not A Project IXI See Attached (if more room is necessary) 0 Check here if 15-daywaiting period has been Supervisors' Signatures i waived Work may begin on or after: laic Iao i Permit Expiration Date: �� �� :aa. Date Transmitted to Applicant & DFWP: t� TO BE COMPLETED BY THE APPLICANT Check the appropriate box, sign and return a copy to the district office within 30 days of receipt of this permit. 0 1 agree.to proceed with the project in accordance with the approved application and. specifications outlined in this permit and will allow a follow-up inspection. 1 disagree with the terms of this permit and I will seek judicial review in district court within 30 days of receipt of this permit. (This box may only be checked if you did not sign an arbitration agreement when you submitted your application.) 1 disagree with the terms of this permit and hereby request arbitration. I agree to abide by the arbitration agreement attached to or on the reverse of this form — OR, if an arbitration agreement was signed when the permit application was submitted, I will abide that agreement. Signature of Applicant:, ®®� _/ Date: FLATHEAD CONSERVATION DISTRICT 133 Interstate Lane, Kalispell, MT 59901 Phone: 406-752-4220 Fax: 406-752-4077 www:flatheaded.org Form 271 (Rev. 09/22/03) 310-PERMIT APPLICATION #FL-2021-102, Stillwater River, Spartan Holdings FLATWEAD CONS ERVATION O 15 T R ICT DATE: 1 /18/2023 RE: 310-Permit Extension Montana NSLPA 310-PERMIT #FL-2021-102, Stillwater River, Spartan Holdings Legal Description: S25 T29 R22 Landowner Spartan Holdings 341 W. Second, Ste. 1 San Bernadino, CA 92401 Contractor Jackola Engineering PO Box 1134 Kalispell, MT 59901 Spartan Holdings, On Monday, December 12, 2023, the Flathead Conservation District Board of Supervisors reviewed the permit extension request received 12/112022 for work on Stillwater River, The Board approved the permit extension request. The permit is extended until 12/13/2023. If the project is not completed by this date, you must submit a new application. All other specifications listed in the original permit approved 12/13/2021, shall remain the same_ Montana Fish, Wildlife and Parks has concurred with this decision. If you have any further questions, please contact the district office. Sincerely, `€ O-nna. Pridmore, Supervisor Enc. copy of original permit & permit extension request cc: Montana Fish, Wildlife & Parks, Kalispell Jackola Engineering, Pa Box 1134, Kalispell, MT 59903 E3flachpadcd erg 13 !33 imersraie Lane • Ka)1spejI, MT 599oi 0 406-752-4720 FLOODPLAIN DEVELOPMENT PERbIIT Issued in: City of Kalispell 1. Issued to: Owner: Spartan Holdings 341 W Second St, Ste 1 San Bernardino, CA 92401 2. Project Location: Permit # 22-04 Technical Representative: Jackola Engineering & Architecture PO Box 1134 Kalispell, MT 59901 Name of Stream/water body at location of activity: Stillwater River Legal Description: ALL THAT PART OF THE NORTH HALF OF THE NORTHEAST QUARTER LYING EASTERLY AND NORTHERLY OF THE CENTER OF STILLWATER RIVER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. EXCEPTING THEREFROM PARCELS A&C AND TRACT 3 OF CERTIFICATE OF SURVEY NO. 12011. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF MONTANA IN BARGAIN AND SALE DEEDS RECORDED MAY 7, 1992, AS DOC. NOS. 92- 128-09570 AND 92-128-09580. Project Address: N/A 3. The proposed development is in the: Floodway ____ Floodway Fringe X Floodplain (Zone A) 4. The Base Flood Elevation at the project site is approximately 2961.3 NAVD88 5. Source Documents: Map Number 30029C1415J (November 4, 2015) 6. For structures requiring elevation certification: MSL Elevation to which lowest floor is to be elevated: MSL Elevation to which structure is to be flood proofed: MSL MSL Elevation to which compacted fill is to be elevated: MSL (in 15 ft area around structure) 7. Brief description of project: The purpose of the project is to establish an outfall with erosion control channel for the stormwater retention pond for the proposed Stillwater Bend subdivision. The retention pond outfall will be located approximately 3 feet above the Base Flood Elevation determined to be 2961.3' with a small area of the erosion control channel located within the Special Flood Hazard Area. The work to be completed in the floodplain would include steps and settling pools with various grades of rip rap to the edge of the river's edge. S. Purpose of project: Establish a stormwater retention pond outfall and erosion control channel 9. Findings: (1) Notice was provided to adjoining property owners through first-class mail sent on September 16, 2020, and by publication in the Daily Interlake on September 20, 2020. (2) The application was amended on December 4, 2020 based on a re- evaluation of the Base Flood Elevation that took out the majority of the outfall out of the SFHA as well as all of the slope stabilization work part of the initial application. The project was not re -noticed given the smaller scope of work. (3) The application and supporting materials provide sufficient information to base a decision and satisfy requirements of the ordinance. (4) The improvements would not cause an increase to the Base Flood Elevation greater than provided for in the ordinance. (5) The project is designed to ensure that it does not adversely affect the flood hazard on other properties and is reasonably safe from flooding. (6) The project would not significantly impact flood flow or velocities or the banks or streambed of any body of water. (7) There is minimal risk of damage on the site as well as surrounding properties. (8) The project is compatible with existing and anticipated development in the area from a floodplain management perspective, and is consistent with existing zoning and planning for the area. (9) Access to the property during a flooding event is sufficient and located outside of the SFHA. 10. Action Taken: The plan and materials submitted in support of the proposed development are in compliance with applicable Floodplain Management Standards. Permit is approved subject to the following conditions/requirements: (1) Substantial compliance with the submitted plans; (2) Compliance with any DNRC conditions/recommendations, and any permits issued by other state and/or county agencies; (3) The Floodplain permit will become valid when all other necessary permits required by Federal or State law are in place (44 CFR 60.3(a)(2); (4) Completion of the development pursuant to this permit shall be completed within one year from the date of Floodplain permit. The applicant may request an extension for up to an additional year. The request must be made at least 30 days prior to the permitted completion deadline; (5) The applicant shall notify subsequent property owners and their agents and potential buyers of the Floodplain development permit issued on the property and that such property is located within a Regulated Flood Hazard Area and shall record the notice with the Floodplain Administrator; (ARM 36.15.204(2)(g)) (6) The applicant shall maintain the use to comply with the conditions and specifications of the permit; (7) The applicant shall allow the Floodplain Administrator to perform on site inspections at select intervals during construction or completion; (8) The applicant shall provide periodic engineering oversight and/or interim reports during the construction period to be submitted to the Floodplain Administrator to confirm constructed elevations and other project elements; and 09 Jy¢ �'�i+re, Surveying' Date: June 12, 2023 City of Kalispell Planning Attn: Jarod Nygren Kalispell City Hall, 201 15Y Ave E Kalispell, MT 59901 Re: Stillwater Bend Subdivision — Floodplain Development Permit 22-04 Compliance Dear Jarod: This letter is to certify that the development within the floodplain for the Stillwater Bend Subdivision associated with the City of Kalispell Floodplain Development Permit #22-04 has been completed in substantial compliance with the drawings. Development within the floodplain comprised of installing an outlet from the storm pond to the Stillwater River. The outlet consists of a pipe from the pond to a skimmer structure which contains a weir to limit discharges to predevelopment rates. Water is then piped from the skimmer structure to the outlet. This pipe has a shallow slope to minimize water velocity and energy as it exists the pipe. Rip -rap is placed at the pipe end to dissipate energy and prevent erosion. The final elevations of the outlet will be included in the as-builts after project completion, but based on visual checks during construction, it appears that the installation conformed to the design elevations. In addition to the City floodplain permit a 310-permit was obtained from the Flathead Conservation District. The 310-permit contained the additional condition that if landscaping fabric is used it must be monitored and exposed sections removed. Geotextile fabric is used underneath the rip -rap for erosion control and is not exposed. The attached images show the outlet as installed. Please give our office a call in the event of questions or concerns. Sincerely, Rory Young, PE Jackola Engineering & Architecture, PC Cc: JEA file Jackola Engineering & Architecture, PC 2250 Highway 93 South Kalispell, MT. 59901 406.755.3208 Corporate Office 406.755.3218 Fax www.iackola.com Locations in Montana and Washington (Rev. 07-19) r Jackola Engineering & Architecture, PC 2250 Highway 93 South Kalispell, MT. 59901 www.jackola.com DEPARTMENT OF THE ARMY �. CORPS OF ENGINEERS, OMAHA DISTRICT _ MONTANA REGULATORY OFFICE 100 NEILL AVENUE HELENA, MONTANA 59601-3329 April 5, 2023 SUBJECT: No Permit Required: Stillwater Bend Subdivision Outfall Construction - Stillwater River (Flathead County); USACE File No. NWO-2023-00123-MT Spartan Holdings Attn: Mr. Joe Charger 341 W Second, Ste 1 San Bernardino, California 92401 Dear Mr. Charger: This is in response to your Joint Application for Department of the Army (DA) permitting received on January 12, 2023 We are responding to your request for nationwide permit verification regarding the proposed Stillwater Bend Subdivision outfall construction project located at Latitude 48.2547000, Longitude-114.3308000, on the Stillwater River, within Section 25, Township 29 N, Range 22 W, near Kalispell, Flathead County, Montana. Specifically, you are proposing to construct a stormwater detention pond with an outfall to the Stillwater River. There will be no discharge of dredge or fill material in waters of the U.S. No work will be completed below the ordinary highwater mark of the waters listed in the locations below, and no material will be placed in waters of the U.S. including wetlands. This project has been reviewed in accordance with Section 404 of the Clean Water Act (33 U.S.C. 1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). Under the authority of Section 404 of the Clean Water Act (CWA), Department of the Army (DA) permits are required for the discharge of fill material into waters of the United States. Waters of the U.S. include the area below the ordinary highwater mark of stream channels and lakes, or ponds connected to the tributary system, and wetlands adjacent to these waters. Isolated waters and wetlands, as well as man-made channels, may be waters of the U.S. in certain circumstances, which must be determined on a case -by -case basis. Under the authority of Section 10 of the Rivers and Harbors Act, DA permits are required for structures or work in, over, under or affecting navigable waters of the U.S. The Yellowstone River is a Section 10 water from Emigrant, Montana downstream to its confluence with the Missouri River in North Dakota. Based on the information you have provided on January 12, 2023, and March 21, 2023, we have determined that the proposed work will not result in a permanent or temporary discharge of dredged or fill material in waters of the U.S., nor does it include any structure or activity in, over, or under a navigable water of the U.S. Therefore, your -2- proposed project as described does not require DA authorization pursuant to Section 404 of the Clean Water Act (CWA) or Section 10 of the Rivers and Harbors Act of 1899 (RHA). Measures should be taken to prevent construction materials and/or activities from entering any waters of the United States. Appropriate soil erosion and sediment controls should be implemented onsite to achieve this end. We are relying on the information and data provided by the applicant or agent in the permit application. If such information and data subsequently prove to be materially false or materially incomplete, this no permit required determination may be suspended or revoked and/or the Government may institute appropriate legal proceedings. Although a Department of the Army permit will not be required for this activity, this does not eliminate the requirements that other applicable federal, state, tribal, and local permits are obtained if needed prior to commencing with the proposed work. This letter does not address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as such. Should your plans change, or should you wish to obtain a jurisdictional determination from the Corps, please contact this office immediately to determine if a CWA or RHA permit is required for those changes. Please refer to identification number NWO-2023-00123-MT in any correspondence concerning this project. If you have any questions, please contact me by email at jerin.e.borrego@usace.army. miI or by telephone at (406) 441-1364. Sincerely, Jerin Borrego Regulatory Project Manager The Omaha District, Regulatory Branch is committed to providing quality and timely service to our customers. In an effort to improve customer service, please take a moment to complete our Customer Service Survey found on our website at: https:Hrequlatory.ops.usace.army.miI/customer-service-survey/. Paper copies of the survey are also available upon request for those without Internet access. r RDG 4 RIVER ❑ESIGN GROUP Date: June 6, 2023 To: Flathead County From: Selita Ammondt, GISP River Design Group, Inc. Subject: Stillwater Bend Riparian Restoration Certification To Whom it May Concern: It is my pleasure to certify that the Stillwater Bend Riparian Restoration Project has been implemented as designed. Planting and seeding occurred in late Fall 2022, and I perfomed a site visit in late March 2023. Forestoration, the contractor responsible for project implementation, planted a minimum of 102 riparian trees and shrubs on the floodplain, and 118 upland trees and shrubs on slope and upland locations, and protected them from wildlife browse with deer exclusion fence. In addition, the re -graded slope area was seeded with the specified native grass species, with a minimum of 11.19 Pure Live Seed (PLS) Ibs spread over the ground surface. Forestoration is watering the plantings as needed to ensure limited plant mortality during the plant establishment period, and especially before subdivision irrigation is installed in Fall 2023. Noxious weed management has also occurred, and noxious weeds are being sprayed as needed. Please let me know if I can provide additional details on the successful implementation of this vegetation restoration project. Thank you, Selita SEuTA AMMONDT, GISP GIS Analyst I Restoration Ecologist 406.862.4927 office RIVER DESIGN GROUP, INC. Montana Office Oregon Office 236 Wisconsin Avenue 311 SW Jefferson Avenue Whitefish, Montana 59937 Corvallis, Oregon 97333 (406) 862-4927 • Fax (406) 862-4963 (541) 738-2920 • Fax (541) 758-8524 ARTICLES OF INCORPORATION OF STILLWATER BEND PROPERTY OWNERS' ASSOCIATION, INC. The undersigned, a majority of whom are citizens of the United States, acting as incorporators of a Nonprofit Corporation under the Montana Nonprofit Corporation Act, hereby adopt the following Articles of Incorporation. FIRST: The name of the corporation is STILLWATER BEND PROPERTY OWNERS' ASSOCIATION, INC., a Montana non-profit corporation. SECOND: The corporation is a mutual benefit corporation. THIRD: The street address of the initial registered office of the corporation is 40 Second Street East, Suite 222, Kalispell, MT 59901, and the name of its initial registered agent at such address is Mark W. Buckwalter. The mailing address of the registered office is 40 Second Street East, Suite 222, Kalispell, MT 59901. FOURTH: The corporation will have members. FIFTH: Upon dissolution, all assets, if any, of the corporation shall be distributed as set forth in the Bylaws and as required by law. SIXTH: The purpose of the corporation is to act as and constitute a property owners association. The directors and officers of said corporation are and shall be indemnified from personal liability to the corporation or members of the corporation for monetary damages as set forth in the corporate Bylaws, provided that said indemnity provisions are not in conflict with the provisions allowed pursuant to §35-2-213(2)(e) in which case said statutorily allowed indemnification shall control. SEVENTH: The name and street address of the Incorporator is Mark W. Buckwalter, 40 Second Street East, Suite 222, Kalispell, MT 59901 DATED: September 16, 2022 Is/Mark W. Buckwalter Mark W. Buckwalter, Incorporator The undersigned designated as initial Registered Agent accepts said designation. Is/Mark W. Buckwalter Mark W. Buckwalter TriE MONTANA SECRETARY OF STATE y � September 19, 2022 Mark Buckwalter mark@buckwalterlawfirm. com CERTIFICATION LETTER I, CHRISTI JACOBSEN, Secretary of State for the State of Montana, do hereby certify that Stillwater Bend Property Owners' Association, Inc. filed its Articles of Incorporation for Domestic Nonprofit Corporation with this office and has fulfilled the applicable requirements set forth in law. By virtue of the authority vested in this office, I hereby issue this certificate evidencing the filing is effective on the date shown below. Certified File Number: D1310932 - 15384711 Effective Date: September 16, 2022 You must maintain a Registered Agent for your company. Failure to do so will subject the business to administrative dissolution/revocation. Your company's annual report is due by April 15th of the next year and each consecutive year thereafter. Thank you for being a valued member of the Montana business community. I wish you continued success in your endeavors. t Christi Jacobsen Montana Secretary of State Montana State Capitol. PO Box 202801 . Helena, Montana 59620-2801 tel: 406-444-3665 . fax: 406-444-3976 . TTY: 406-444-9068 . sosmt.gov NOW, THEREFORE, Declarant, as the owner of the Property, hereby declares that the Property is hereby submitted to the following covenants, conditions, restrictions, and easements, which shall run with the land and shall bind and inure to the benefit of all Owners and any other Persons from time to time having or acquiring any right, title or interest in the Property or any portion thereof: Article i Incorporation The foregoing recitals and all exhibits attached hereto are hereby incorporated into this Declaration by reference as if fully set forth in this Article 1. Article 2 Definitions Capitalized terms used in this Declaration shall have the following meanings: 2.1 "Assessments" means any or all of the annual assessments, special assessments, and specific assessments levied in accordance with this Declaration. 2.2 "Association" means the Stillwater Bend Phase 1 Property Owners Association, Inc. and its successors and assigns. 2.3 "Board" means the Board of Directors of the Association. 2.4 "Building" means a building and its appurtenant improvements and facilities constructed, or to be constructed, on a Lot. 2.5 "Bylaws" means the Bylaws adopted by the Board, as the same may be amended from time to time. 2.6 "City" means the City of Kalispell, Montana. 2.7 "Common Elements" means (i) shared driveways and related improvements and facilities; (ii) shared stormwater management improvements and facilities including, without limitation, storm drains, ditches, ponds, and the lift station and its appurtenant facilities, (iii) the areas designated as "Common Areas" on the Plat and all shared improvements and facilities located therein, (iv) shared utility lines, (v) the boulevards, sidewalks, and other improvements to the public ways contiguous to the Property, to the extent such improvements must be maintained by the Owners pursuant to applicable City codes, ordinances, or regulations, and (vi) any other areas, improvements, or facilities owned, leased, or maintained by the Association for the benefit of the Owners. 2.8 "Common Expenses" means the actual and estimated expenses incurred, or anticipated to be incurred, in maintaining the Common Elements and carrying out the other rights and responsibilities of the Association as set forth in this Declaration or in accordance with applicable law. 2.9 "Declarant" means Spartan Holdings, LLC and any successor to the Declarant's rights hereunder, designated as such by the preceding Declarant in writing. 2.10 "Declaration" means this Declaration, as amended and supplemented from time to time. 2.11 "Design Guidelines" means the design regulations and guidelines applicable to the Property per the City code and Plat approval conditions and administered by the Kalispell Architectural Review Committee, as the same may be amended or supplemented from time to time. 2.12 "Director" means an appointed or elected member of the Board. Except for Directors appointed by Declarant, each Director shall be an Owner or a designated representative of an Owner. 2.13 "Effective Date" has the meaning given to it in the preamble of this Declaration. 2.14 "Lot" means any lot within the Property as designated on the Plat and intended for development of one or more Buildings. 2.15 "Owner" means one or more Persons who hold record title to any Lot or an interest as a purchaser under a contract for deed for any Lot. "Owner" shall not include a Person holding an interest merely as security for the performance of an obligation, or a Person who is a seller under a contract for deed for any Lot. Where this Declaration imposes responsibility for conduct of an Owner and where otherwise appropriate given the context, the term "Owner" shall include such Owner's members, occupants, tenants, guests, contractors, invitees, and licensees. 2.16 "Person" means a natural person, a corporation, a partnership, a trustee, or any other legal entity. 2.17 "Plat" means the final Plat of Subdivision for Stillwater Bend Subdivision - Phase 1, recorded in the public records of Flathead County, as amended from time to time. 2.18 "Property" means the real property in Kalispell, Flathead County, Montana, legally described in the recitals above. 2.19 "Proportionate Share" means each Owner's proportionate voting power in matters to be voted upon by the membership of the Association and proportionate share of annual and special assessments, which has been determined based upon the gross site area of each Lot as set forth on the Plat and is set forth on Exhibit "A" attached hereto. 2.20 "Turnover Date" has the meaning given that term in Section 3.4(A) below Article 3 The Association 3.1 Formation of the Association. The Association has been, or will be, formed as a non-profit corporation under Montana law having the name the "Stillwater Bend Phase 1 Property Owners Association, Inc." and shall be the governing body for the Association and all Owners for the maintenance, repair, replacement, administration, and operation of the Property. The Association shall not be deemed to be conducting a for - profit business of any kind, and all funds received by the Association shall be held and applied by it for the use and benefit of the Owners in accordance with this Declaration. 3.2 Association Membershi (A) Membership in the Association shall be appurtenant to, and may not be separated from, ownership of a Lot, except as otherwise required by law. Ownership of a Lot shall be the sole qualification to be a member of the Association. Each Owner, by acceptance of a deed or other conveyance of a Lot, thereby becomes a member of the Association, whether or not a declaration of such membership is made a part of or incorporated by reference or expressed in said deed or conveyance. (B) Where a Lot has multiple Owners, such Owners shall designate in writing a single Person to act as the representative member on behalf of all such Owners with regard to Association membership, and in the absence of such a written designation, the Declarant, Board, and Association may rely upon the action, representation, or vote by any one of such Owners and may hold such action, representation, or vote as conclusively binding upon all Owners of such Lot. 3.3 Board of Directors. (A) The Board shall be the governing body of the Association. Declarant shall have the right to select and appoint the Persons who shall initially serve as Directors or exercise the powers of the Board as provided herein. The initial Board designated by Declarant shall consist of not less than three (3) and not more than five (5) Directors who shall serve without compensation. Such initial Board shall serve for a period commencing on the date the Association is formed by the filing of the articles of incorporation in the office of the Secretary of State of Montana and ending upon the election of Directors at the initial meeting of the Association membership. (B) At the initial the meeting of the Association membership provided for in Section 3.4(A) below, the Owners shall elect not less than three (3) and not more than five (5) Directors who shall replace those Directors appointed by Declarant. Each Director's term of office shall be three (3) years. All Directors shall serve without compensation. (C) Any Director may be removed from office by the affirmative vote of the Owners representing at least sixty-seven percent (67%) of the Proportionate 4 Shares, provided that Declarant's prior written consent shall be required to remove any Director prior to the Turnover Date. Vacancies in the Board shall be filled by the majority vote of remaining Directors, or if no majority prevails, by the Owners in accordance with the procedures for electing Directors set forth herein. (D) The Board shall meet at least once annually but may meet more often at its discretion. A majority of Directors may call for a special meeting of Board. Notice shall be given to each Director not less than ten (1o) days prior to each regularly scheduled and special meeting of the Board. The presence of a majority of Directors constitutes a quorum. A majority of a quorum is required for Board action. Meetings may be held in person, by teleconference, by video conference, or by other method determined by the Board. (E) The Board shall elect from among its members a President who shall preside over all meetings and who shall be the chief executive officer of the Board and Association, a Secretary who shall keep minutes of all meetings, a Treasurer, and such other officers as the Board shall see fit. Officers shall serve without compensation. 3.4 Meetings of the Association Membershi (A) The initial meeting of the Association membership shall be held upon not less than ten (1o) days' prior written notice from Declarant to all Owners. Such notice must be given no later than the earliest to occur of: (a) one hundred twenty (12o) days following the date upon which Declarant no longer holds any interest in the Property, or (b) such earlier date as may be elected by the Declarant in its sole discretion or required by applicable law (the "Turnover Date"). (B) There shall be an annual meeting of the Association membership on or about each anniversary of such initial meeting, or at such other reasonable date and at such time, and at such place, as may be designated by written notice from the Board. Special meetings may be called at any time for any purpose consistent with this Declaration on not less than ten (1o) days' notice from a majority of the Board, or by the Owners representing at least thirty-three percent (33%) of the Proportionate Shares. Meetings maybe held in person, by teleconference, by video conference, or by other method determined by the Board in which all members are afforded a reasonable means of hearing and speaking at the meeting. (C) On matters put to a vote of the Association membership, each Owner shall voting power in the Association equal the Proportionate Share attributable to such Owner's Lot as set forth on Exhibit "A" attached hereto. The presence in person or by proxy of the Owners holding a majority of the voting power in the Association shall constitute a quorum. Unless otherwise expressly provided herein, any action may be taken by a majority of a quorum. In the event a quorum is not present at any meeting of the Association membership, another meeting may be called by notice from the Board. 3.5 Powers of the Board. Except as expressly otherwise provided by the Association's articles of incorporation or this Declaration or otherwise required by law, all power and authority to act on behalf of the Association both pursuant to this Declaration and otherwise shall be vested in the Board and its officers under the direction of the Board and shall not be subject to any requirement of approval on the part of the Owners. Without limiting the foregoing, the Board shall have the following powers: (A) To levy assessments as set forth in Article 5 below. (B) After giving at least ten (1o) days prior written notice to all Owners, to adopt rules and regulations governing the use, maintenance, and administration of the Common Elements and the Property for the health, comfort, safety, and general welfare of the Owners and for the protection of property values. (C) To enter into contracts on behalf of, and to purchase or secure in the name of, the Association any materials, supplies, insurance, equipment, fixtures, labor, services, and advice required by the terms of this Declaration, or which in its reasonable opinion shall be necessary or proper for the operation or protection of the Association and the Property. (D) To enter upon, and to have its contractors, subcontractors, and agents enter upon, the Common Elements as maybe required to exercise all of the rights and obligations granted to or imposed upon it pursuant to this Declaration. (E) To maintain one or more bank accounts (granting authority as the Board shall desire to one or more Persons to draw upon such accounts), and generally, to have all the powers necessary and incidental to the operation and management of the Association. (F) To procure appropriate casualty and liability insurance policies for the Association, the Board, and the Common Elements. (G) To borrow money on behalf of the Association provided, however, that the Board shall not secure any such borrowings by encumbering any part of the Property. The Board shall, however, have the power to secure such borrowings by pledging and granting a security interest in the Assessments due the Association hereunder. (H) To enter into a contract for the management of the Property with a professional manager or management company on such reasonable terms as the Board shall determine. (I) To acquire and hold real property constituting Common Elements, and to acquire, hold, and dispose of tangible and intangible personal property. (J) To take such other action as may be required to enforce the provisions of this Declaration and the rules and regulations made herein. (K) To exercise any and all other powers, rights, and authorities of a non- profit corporation under Montana law for the common benefit of the Property and the Owners. Article 4 Maintenance 4.1 Association - Common Elements. The Association, at its expense, shall be responsible for the maintenance, repair, and replacement of all Common Elements in accordance with all Plat conditions and any applicable City codes, ordinances, and regulations. 4.2 Responsibility of Owners. Excepting only the Common Elements which are the Association's responsibility as provided in Section 4.1 above, each Owner shall be solely responsible for, at such Owner's expense, all maintenance, repair, and replacement of such Owner's Lot, including, without limitation, all Buildings, landscaping, fencing, irrigation systems, driveways, parking areas, walkways, utility facilities, facilities, and all other improvements, fixtures, finishes, furnishings, and equipment upon or within, or serving, such Owner's Lot. Each Owner shall maintain such Buildings, improvements, and facilities in a first-class condition, in good order and repair, in conformance with the Design Guidelines, and in conformance with all applicable City codes, ordinances, and regulations. No Owner shall cause or permit the Buildings, improvements, or facilities on its Lot to deteriorate or commit to waste. Each Owner shall be further responsible for promptly repairing at its own expense any damage caused by such Owner to the Common Elements or to the property of another Owner. 4.3 Limitation of Association Liability. Nothing contained in this Declaration shall be construed to impose a contractual liability upon the Association for maintenance, repair, or replacement of the Common Elements or any other portion of the Property, but the Association's liability shall be limited to damages resulting from gross negligence or willful misconduct. Further, no Owner shall have a claim against the Association for any work ordinarily the responsibility of the Association, but which the Owner has performed or paid for, unless such an arrangement shall have been duly approved in advance by the Board. 4.4 Liability of Declarant, the Board and Officers. None of Declarant, the Directors, or the officers of the Association shall be liable to the Association or to the Owners for any mistake of judgment or for any other acts or omissions of any nature whatsoever, and, to the fullest extent permitted by law, the Association and the Owners shall indemnify, defend, and hold harmless Declarant and each of the Directors and officers of the Association from and against, all claims, demands, costs, fees, suits, judgments and other liabilities arising out of acts or omissions of Declarant, the Directors or the officers of the Association acting pursuant to this Declaration, unless such act or omission is found by a court of competent jurisdiction to be ineligible for indemnification under applicable law. Article 5 Assessments 5.1 In General; Lien for Assessments. Each Owner, by acceptance of a deed to, or other interest in, a Lot, whether or not it shall be so expressed in any such deed or other conveyance for such Lot, hereby covenants and agrees to pay Assessments and other costs and fees levied pursuant to this Declaration. Such Assessments, costs and fees, not paid when due, together with interest thereon at the rate of twelve percent (12%) per annum, late fees in the amount of five percent (5%) of the total amount past due, and costs of collection (including, without limitation, attorneys' fees incurred in respect thereto whether or not suit shall be instituted), shall be a charge and a continuing lien upon the Lot against which such levy is made. 5.2 Purpose of Assessments. The Assessments levied by the Association shall be used for the purpose of promoting the health, safety and welfare of the Owners and, in particular, for (i) payment of Common Expenses; (ii) the establishment of such reasonable reserves as the Board deems appropriate; (iii) the performance of the duties of the Board as set forth in this Declaration, including the enforcement of the provisions thereof; and (iv) in general, carrying out the purposes of the Association as stated herein and in the articles of incorporation of the Association. 5.3 Annual Assessments. Each year on or before December ist, the Board shall estimate the total amount necessary to pay the Common Expenses for the ensuing calendar year (which estimate shall include a reasonable amount considered by the Board to be desirable for reserves). Subject to the remaining provisions of this Article 5, such amount shall be apportioned among Lots in accordance with their Proportionate Shares and each Owner shall be liable for and obligated to pay such Owner's Proportionate Share of the total annual assessment. Such assessment may be billed monthly or quarterly, in the Board's discretion. 5.4 Special Assessments. The Board may at any time or from time -to -time levy special assessments for the purpose of defraying, in whole or in part, the cost incurred by the Association for any repair, replacement, maintenance, service, labor, or materials not provided for in the annual assessment for the then current calendar year. Special assessments maybe approved by a majority of the Proportionate Shares at an annual or a special meeting of the Association membership. Special assessments shall be apportioned among Lots in accordance with their Proportionate Shares and each Owner shall be liable for and obligated to pay such Owner's Proportionate Share of the total special assessments. 5.5 Specific Assessments. After giving such Owner notice and reasonable opportunity to cure prior to the Board's intervention, the Board shall have the power to levy specific assessments against a particular Lot and the Owner(s) thereof to cover costs incurred, or to be incurred, in bringing a nonconforming Lot into compliance with this Declaration or any rules or regulations of the Association, and/or to cover all costs and liabilities incurred as a consequence of the conduct of such Owner(s), including, without limitation, reasonable attorneys' fees. 5.6 Nonpayment of Assessments. Any assessment which is not paid when due shall be deemed delinquent, with no requirement for notice to the delinquent Owner. If an assessment is not paid within five (5) days after the delinquency date, such assessment shall be subject to interest and late fees as provided in Section 5.1 above from the delinquency date. If an Owner fails to pay when due any assessment, charge, fee, cost, or other amount authorized to be charged to the Owner hereunder, such amount shall constitute a default hereunder and a lien on the Lot of such Owner. The Board shall, in the name of and on behalf of the Association, have all rights and remedies to enforce collection as permitted by law, including bringing an action at law or in equity against such Owner and foreclosing the aforesaid lien. All expenses of the Association in connection with such action or proceedings, whether or not suit shall be instituted, including attorneys' fees and court costs and other fees and expenses, shall be charged to and assessed against such Owner (and shall constitute a personal liability of such Owner) and shall be added to and deemed part of that Owner's assessment. 5.7 Subordination of Lien to Mortgage. The lien for assessments provided for herein shall be subordinate to the lien of any prior, recorded first mortgage or trust deed on a Lot made to any arms -length, bona fide lender, except for any assessments which become due and payable from and after the date such lender obtains title to or possession of such Lot pursuant to a decree of foreclosure or any other proceeding in lieu of foreclosure. Such transfer of title or possession shall not relieve any Owner from personal liability for any assessments. 5.8 Failure to Lew or Notify. Failure of the Board to fix assessment amounts or rates or to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification, or a release of any Owner from the obligation to pay assessments. 5.9 No Withholding of Payment. No Owner shall be entitled to withhold, offset, or abate assessments for any reason without prior approval of the Board. Specifically, but without limitation, no Owner shall withhold assessments due to interruption to services or due to an Owner's failure or refusal to benefit from Common Elements or Association services. 5.10 Commencement of Assessments. The obligation for assessments with respect to each Lot commences upon the sale or transfer of such Lot by the Declarant to any Person not succeeding to the rights of Declarant hereunder. Lots owned by Declarant are not subject to assessments, provided, however, Declarant shall contribute to the payment of Common Expenses as they are incurred according to the Proportionate Shares attributable to Lots owned by Declarant. Article 6 Easements Declarant hereby declares, grants, establishes, and reserves the following non- exclusive, perpetual easements: 6.1 Use of Common Elements. Subject to the provisions of this Declaration and the rules and regulations that maybe adopted by the Board from time to time (which rules may include, without limitation, restrictions on the nature and extent of permitted uses of the Common Elements), the Declarant, the Association, and each Owner shall have the non-exclusive right to use the Common Elements for their intended purposes in common with all other Owners. 6.2 Easement for Maintenance and Enforcement. A blanket easement over the Property is hereby granted in favor of Declarant and the Association for the purpose of exercising their respective rights and performing their respective duties under this Declaration. Without limiting the foregoing, the authorized representatives of Declarant and the Association or the Board, or of the management company for the Property, shall be entitled to reasonable access to, over and through the Common Elements and Lots as maybe required in connection with the operation, maintenance, repairs, or replacements of or to the Common Elements or any equipment, facilities or fixtures affecting or serving the Common Elements, and the administration and enforcement of this Declaration. 6.3 Additional Easements. Declarant and the Board reserve the right, without the consent of any Owner, to grant additional easements in and to the Common Elements to the City, public utility companies, and other third parties as may be necessary or appropriate to further the development, use, management, operation, and enjoyment of the Property. Article 7 Covenants, Conditions, and Restrictions on Use The Property shall at all times be subject to the following covenants, conditions, and restrictions on use: 7.1 Use Exclusives. There shall be no more than one (1) of each of the following principal uses operating at the Property at any given time: (A) Bank or other financial institution (including insurance and wealth management) involving customers or clients visiting the Property. It is acknowledged that Stockman Bank will be purchasing Lots 1, 2, 5 and 6 with the intention of operating such a use on said Lots. (B) Grocery store. (C) General home goods store (e.g., Target, Wal-Mart). (D) Membership club store (e.g., Costco, Sam's Club). 10 (E) Hotel or motel. (F) Home improvement or hardware store (e.g., Home Depot, Lowes). (G) Consumer electronics store (e.g., Best Buy). (H) Office supply store (e.g., Staples). (I) Sports or outdoors retailer (e.g., REI, Cabela's, Scheels) (J) Furniture store (e.g., Ashley Home Furnishings). (K) Arts and crafts supply store (e.g., Michaels). (L) Gym or athletic center. (M) Pet supply store (e.g., PetSmart, Petco). Declarant reserves the right to grant additional exclusive use rights applicable to any Lots owned by Declarant. At the written request of an Owner that is operating, proposing to operate, or proposing to sell or lease its Lot to the operator of, a particular use upon the Property (the "Owner's Use"), the Board, at a regular meeting or at a special meeting called for that purpose, shall decide (i) whether the Owner's Use is an exclusive use listed above in this Section 7.1, and (ii) if so, whether the Owner's Use is precluded by an existing use operating on the Property pursuant to this Section 7.1. The Board shall give the requesting Owner written notice of such decision together with the reason(s) for its decision, and such decision shall be binding upon the Owners. The Board shall act reasonably and in good faith in making such decision. 7.2 Prohibited Uses. No part of the Property shall be used for any of the following uses, whether principal or accessory (unless otherwise provided): (A) Casino or gaming machines. (B) Payday loan store. (C) Discount or second-hand store. (D) Marijuana dispensary. (E) Liquor store (excluding liquor sales accessory to grocery stores, restaurants, and other permitted principal uses). (F) Fuel station. (G) Automotive repair. 11 (H) Industrial or manufacturing. (I) Adult entertainment. At the written request of an Owner, the Board, at a regular meeting or at a special meeting called for that purpose, shall decide whether the Owner's Use is a prohibited use for purposes of this Section 7.2, shall give the requesting Owner written notice of such decision together with the reason(s) for its decision, and such decision shall be binding upon the Owners. The Board shall act reasonably and in good faith in making such decision. 7.3 Parking. No vehicles shall at any time be placed or parked so as to impede, obstruct, or interfere with pedestrian or vehicular traffic along any driveway, street, alley, sidewalk, trail, or right-of-way within the Property. Article 8 Development, Construction, and Alterations. The following covenants, restrictions, and requirements shall apply to the development of each Lot and the construction and alteration of each Building upon the Property: 8.1 Plat Conditions and Design Guidelines. Each Building shall conform to the Design Guidelines and Plat approval conditions applicable to the Property. Each Owner is responsible for confirming the Design Guidelines, Plat approval conditions, and other land use and building regulations applicable to its Lot before commencing construction. Per the Plat approval conditions, architectural renderings must be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit for each Building. 8.2 Re -Subdivision. No Lot maybe further subdivided without the Board's prior written approval. 8.3 Utilities. Each Owner shall be solely responsible for all water, sewer, electricity, gas, telecommunications, and other utility services to such Owner's Lot. All utility service lines shall be located underground and shall be consistent with the utility plans comprising part of the Plat approval. 8.4 Signna e. Per the Plat approval conditions, freestanding signage within the Common Elements adjacent to the highway shall be limited to one monument sign as defined in Section 27.20.29(1)(b) of the City code. The sign shall be limited to 22 feet in height and 90 square feet per face. The sign shall also function as a common monument sign for the Property. Declarant shall have exclusive control of the monument sign until the Turnover Date, and may reserve reasonable rights to space on the monument sign after the Turnover Date. 12 Signage on individual Lots shall be subject to the standards applicable to the City's B-2 zone, except for Lots adjacent to the Common Elements (Lots 1, 5, 9, 12, 14, and 15) which shall be limited to six feet in height and 36 square feet per face and shall be located to the west of the Buildings constructed on each of such Lots. 8.5 Building Height. Per the Plat approval conditions, Buildings on Lots 1, 5, 9, 12, 14, and 15 shall be limited to 45 feet in height. 8.6 Building Envelopes. Buildings on Lots 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, and 15 should be located within the shaded areas depicted on Exhibit "B", attached hereto. Article 9 Reserved Rights of Declarant Without limiting any other rights of Declarant provided by this Declaration or by law, Declarant hereby expressly reserves the following rights. 9.1 Declarant Controls the Board Until Turnover Date. Until the Turnover Date, all rights, titles, powers, privileges, trusts, duties, and obligations vested in or imposed upon the Board shall be held and performed solely by the initial Board designated by Declarant in accordance with Section 3.3(A) above. 9.2 Special Amendments to Declaration. Notwithstanding any provision of this Declaration to the contrary, until the Turnover Date, Declarant reserves the right and power to prepare, execute and record amendments to this Declaration (i) to correct clerical or typographical or similar errors in this Declaration or any exhibit hereto; (ii) to make any other changes to this Declaration which do not materially and adversely affect the rights or responsibilities of any Owner, except as such amendments maybe otherwise specifically authorized herein. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to Declarant to vote in favor of, make or consent to such an amendment on behalf of each Owner as proxy or attorney in fact, as the case may be. Each deed, mortgage, trust deed, other evidence of obligation, or other instrument affecting a Lot, and the acceptance thereof, shall be deemed to be a grant and acknowledgment of, and a consent to the reservation of, the power to the Declarant to vote in favor of, make, execute, and record such amendments. 9.3 Development of Property. Nothing in this Declaration shall be construed to limit, restrict, or prohibit Declarant (including its contractors, employees, and agents) from undertaking any activity upon, or use of, the Property or any portion thereof in furtherance of development and disposition of the Property including, without limitation, activities related to advertising, construction, demolition, excavation, grading, maintenance, marketing, planning, surveying, sales and leasing. To the extent any provision of this Declaration could be construed to limit any such activity by Declarant upon the Property or any portion thereof, Declarant shall be deemed to be exempt from such limitation. 13 9.4 Common Elements. Notwithstanding any provision of this Declaration to the contrary, until the Turnover Date, Declarant reserves the right to add property improvements to, and remove property and improvements from, the Common Elements in Declarant's sole discretion. Such changes to the Common Elements shall be evidenced by an amendment of this Declaration executed by Declarant. No Owner shall be deemed to have a right of consent or a property interest in the Common Elements until the Turnover Date, and then only to the extent of such Owner's membership in the Association (or undivided interest in any Common Elements not owned by the Association). Article io General Provisions. 10.1 Manner of Giving Notices. Notices provided for in this Declaration to be given to the Board or Association shall be in writing and addressed to the address of each member of the Board or at such other address as otherwise provided herein. Unless otherwise provided in this Declaration, notices to any Owner shall be in writing and delivered to the address at which such Owner receives tax bills according to the Flathead County Assessor. Notices addressed as above shall be deemed delivered when mailed by United States registered or certified mail or when delivered in person with written acknowledgment of the receipt thereof. 10.2 Estoppel Certificates. An officer of the Association shall, within thirty (30) days of written request by an Owner to the Board, deliver a letter to such Owner or to its prospective purchaser or lender, certifying (i) that this Declaration remains in full force and effect, with a list of any amendments hereto, (ii) to the actual knowledge of the officer of the Association executing such letter, whether the requesting Owner is in default under the provisions of this Declaration, (iii) the amount of annual assessments attributable to such Owner's Lot for the assessment period in which the request is made, (iv) whether there are any pending special assessments or specific assessments against the Owner; (v) whether the requesting Owner is current on assessments and the amount of the requesting Owner's assessment balance, and (vi) such other information as may be reasonably requested, ascertained without undue burden on the Association, and certified to the Association officer's actual knowledge. 10.3 Partial Invalidity. The invalidity of any covenant, restriction, condition, limitation or any other provision of this Declaration, or any part of the same, shall not impair or affect in any manner the validity, enforceability, or effect of the rest of this Declaration. 10.4 Term; Perpetuities and Other Invalidity. This Declaration shall run with the land and continue in effect in perpetuity. If any of the covenants, conditions, restrictions, or easements created by this Declaration would otherwise be unlawful or void for violation of the rule against perpetuities, the rule restricting restraints on alienation, or any other statutory or common law rules imposing time limits, then such provision shall continue for so long as permitted by law. 14 10.5 Amendments. Subject to the Declarant's rights as set forth in Section 9.2 above or as otherwise specifically provided herein, this Declaration may only be amended by a written instrument that is signed and acknowledged by the President of the Board, and approved by the Owners having, in the aggregate, at least seventy-five percent (75%) of the Proportionate Shares, at a special meeting of the Association membership called for that purpose, written notice of which shall be given to all Owners at least thirty (30) days in advance of such meeting setting forth such purpose. No amendment to this Declaration may remove, revoke, or modify any right or privilege of Declarant without the prior written consent of Declarant. 10.6 No Waivers. No covenants, restrictions, conditions, obligations, or provisions contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. 10.7 Enforcement. The Association, any Owner, and the Declarant shall each have the option and right to enforce by any proceeding at law or in equity all restrictions, conditions, covenants, reservations, and charges now or hereafter imposed by the provisions of this Declaration. The method of enforcement may include legal action seeking an injunction to prohibit any violation, to recover damages, or both. Should any lawsuit or other legal proceeding be instituted against an Owner who is alleged to have violated one or more of the provisions of this Declaration, the prevailing party in such proceeding shall be entitled to reimbursement for the costs of such proceeding, including reasonable attorneys' fees. The remainder of this page is intentionally left blank. 15 IN WITNESS WHEREOF, Declarant has executed this Declaration on the Effective Date. SPARTAN HOLDINGS, LLC a Montana limited liability company Bv: Its: Authorized Signatory STATE OF ) ss. COUNTY OF Acknowledged before me this _ day of , 2023 by authorized signatory of Spartan Holdings, LLC. Notary Signature Seal: 16 Exhibit "A" Proportionate Shares Lot Site Area Proportionate Share 1 0.76 5.51 2 o.81 5.87% 3 0.75 5.43% 4 0.75 5.43% 5 o.8o 5.8o% 6 o.81 5.87% 7 0.75 5.43% 8 0.75 5.43% 9 o.85 6.16% 10 o.86 6.23% 11 1.64 11.88 % 12 o.84 6.o9% 13 o.86 6.23 14 1.51 10.94 15 1.o6 7.68% Total 13.80 100.00% Exhibit "B" Suggested Building Envelopes BP' R.W EASEMENT Ir L=858' I�In°naaof=�_ — fl=49.�9' � car A' of wrb gl I aura to Lnrl I I P.Jsnf r� II,Jsd� .I anlnu Ip ��.rn.4n li ssUTrurveaseanea.. nn'AccEutnseMeMr ` I IN Lzmiv asm_ zz000' _ a' ]u' unLm Eas�encxr I I cars I a s s a,,,.p of o ".I, At, R' AY` Ie g s I� I" a �Im s 2P9,PP' � 3P9PP' �'liV� �2R8 I2 ^ I 1p' VTIIITY EhSFMENT � I 30` llilLltY Ep5EMtM—� S 1 I N ]3a.oa I.r Ae nxo nc I MA( 0 4P ACCESS EA9EMEN� to a fin, pppppp I _ 1 _,220.00" �16.63 _ zayy� \` I I -arts lo. 14tr'Ix - I� n.w6nc W ax4ac Imo' a � I , � w -X, � � � rvl � J'pNU' ry89"99'49 N 34' sd'4N89 94'49"W