The URL can be used to link to this page

Silverbrook Ph 3 Final Plat and Improvement AgreementCITY OF KALISPELL REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: Final plat request for Silverbrook Estates Phase 3 MEETING DATE: June 5, 2023 Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning BACKGROUND: WGM Group has submitted a request, on behalf of Silvermont Properties, LLP, for final plat approval of Silverbrook Phase 3. The subdivision contains 10 single family lots and 2 commercial lots on approximately 22.12 acres. The property is located in the northeast portion of Silverbrook Estates and can be described as a portion of Tract 3 and 4 of Certificate of Survey 15896, on file and of record in Flathead County, Montana, located in the northeast quarter of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. A full metes and bounds description is shown on the face of the plat. The City Council approved the preliminary plat with 27 conditions in March 2022 (Resolution 6060). 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 $97,800.00 is included for the Council's consideration. RECOMMENDATION: It is recommended that the City Council make a motion to approve the final plat for Silverbrook Estates Phase 3, as well as the subdivision improvement agreement.. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: May 5, 2023 c: Aimee Brunckhorst, Kalispell City Clerk CITY OF KALISPELL May 5, 2023 Doug Russell, City Manager City of Kalispell 201 Is'Ave E Kalispell, MT 59901 Re: Final Plat request for Silverbrook Estates Phase 3 Dear Doug: Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning WGM Group has submitted a request, on behalf of Silvermont Properties, LLP, for final plat approval of Quail Meadows Subdivision. The subdivision contains 10 single family lots and 2 commercial lots on approximately 22.12 acres. The property is located in the northeast portion of Silverbrook Estates and can be described as a portion of Tract 3 and 4 of Certificate of Survey 15896, on file and of record in Flathead County, Montana, located in the northeast quarter of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. A full metes and bounds description is shown on the face of the plat. The City Council approved the preliminary plat with 27 conditions in March 2022 (Resolution 6060). 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 $97,800.00 is included for the Council's consideration. COMPLIANCE WITH CONDITIONS OF APPROVAL 1. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. Staff Response: This condition has been met. It is in substantial compliance. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. Staff Response: This condition has been met. The preliminary plat was approved in March of 2022 and remains valid. 3. All conditions of the Silverbrook Estates Planned Unit Development (Ordinances 1597 and 1785) shall apply. Staff Response: This condition has been met. The subdivision complies with the conditions of the Planned Unit Development. 4. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include, but not be limited to, streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. Staff Response: This condition has been met. The Public Works Department submitted a letter dated May 9, 2023, deeming the condition to be satisfied. 5. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city's facilities update and extensions of services plans. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built and tested as designed and approved. Staff Response: This condition has been met. The Public Works Department submitted a letter dated May 9, 2023, deeming the condition to be satisfied. 6. 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 Public Works Department submitted a letter dated May 9, 2023, deeming the condition to be satisfied. 7. Curb stops and service connections for the water and sewer services shall be installed prior to final plat if required by the Public Works Department. Staff Response: This condition has been met. The Public Works Department submitted a letter dated May 9, 2023, deeming the condition to be satisfied. 8. An easement for the utility mains to the east of East Swift Creek Way shall be provided to the City. Staff Response: This condition has been met. The Public Works Department submitted a letter dated May 9, 2023, deeming the condition to be satisfied. 9. Any water rights associated with the property shall be transferred to the City of Kalispell prior to final plat. Staff Response: This condition has been met. The Public Works Department submitted a letter dated May 9, 2023, deeming the condition to be satisfied. 10. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. Staff Response: This condition has been met. The Public Works Department submitted a letter dated May 9, 2023, deeming the condition to be satisfied. 11. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. Staff Response: This condition has been met. The Public Works Department submitted a letter dated May 9, 2023, deeming the condition to be satisfied. 12. Boulevard areas, including street trees, shall be installed or bonded for. Street trees may also be part of a cash -in -lieu agreement. Staff Response: This condition has been met. The subdivision improvement agreement includes provisions for the installation of street trees along with a cashier's check securing the obligation. 13. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. Staff Response: This condition has been met. The Public Works Department submitted a letter dated May 9, 2023, deeming the condition to be satisfied. 14. All easements and/or rights -of -way shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. Staff Response: This condition has been met. The Public Works Department submitted a letter dated May 9, 2023, deeming the condition to be satisfied. 15. All streets within the subdivision will be constructed to the appropriate city standards as detailed in the subdivision regulations and the City of Kalispell Standards for Design and Construction for local streets. Staff Response: This condition has been met. The Public Works Department submitted a letter dated May 9, 2023, deeming the condition to be satisfied. 16. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to final plat and shall comply with the fire code. Staff Response: This condition has been met. The applicant submitted an approval letter from the Fire Department dated February 2, 2023. 17. 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 final plat. 18. 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 letter from the USPS dated February 7, 2023, approving the location was submitted by the applicant. 19. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. Staff Response: This condition has been met. A letter from the Parks Department dated May 31, 2023, was submitted approving the landscape and parks plans. 20. A parks plan shall be approved by the Parks and Recreation Director. A minimum of 0.3 acres for this phase is required. The park shall meet the standards under Section 28.3.22 and the plan shall show that the parkland dedication requirement is met for this phase. A cash -in -lieu payment may be made pursuant to the subdivision regulations. The applicant shall provide a detailed breakdown of existing parks facilities and valuations relating to this phase and all prior phases prior to final plat. If deficient, additional park amenities or a cash -in -lieu payment will be required. Staff Response: This condition has been met. A letter from the Parks Department dated May 31, 2023, was submitted approving the landscape and parks plans. 21. 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 final plat. 22. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a stormwater maintenance district. This district shall only be activated in the event that the property owner(s) default on the maintenance of the approved stormwater facilities. The taxes levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. Staff Response: This condition has been met. The note appears on the final plat. 23. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a Special Improvement District for roadway improvements in adjacent areas stating "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which will specifically benefit this subdivision." Staff Response: This condition has been met. The note appears on the final plat. 24. A homeowner's association (HOA) shall be formed and established to provide for the maintenance of all common areas and facilities. Staff Response: This condition has been met. There is an existing homeowners' association and this phase will be incorporated into the existing HOA. 25. 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. Over two-thirds of the infrastructure has been installed. 26. All utilities shall be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. Staff Response: This condition has been met. The Public Works Department submitted a letter dated May 9, 2023, deeming the condition to be satisfied. 27. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition has been met. Per the applicant's compliance letter, all disturbed areas have been revegetated. 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 as well as the R-4 and 13-1 zoning with a Planned Unit Development overlay for the property. RECOMMENDATION: It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. It is recommended that the Kalispell City Council approve the final plat and subdivision improvement agreement for Silverbrook Phase 3. Attachments: - Two mylars of final plat - Copy of final plat - Subdivision Improvement Agreement and Engineers Estimate - Applicant responses and final plat application dated 2/9/23 - Old Republic Title Insurance Guarantee SG-8013648 dated 3/9/23 - Consents to Plat for First Interstate and Kirk's Tire - Flathead County tax certification dated 4/13/23 - USPS letter dated 2/7/23 - Fire Dept letter dated 2/2/23 - Letters from Public Works dated 8/14/07; 11/19/18; 9/16/19; and 5/9/23 - DEQ letters dated 9/20/19 and 12/7//22 - MFE dated 11/30/22 - Parks letter dated 5/31/23 - CCRs c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: WGM Group 431 First Ave W Kalispell, MT 59901 CO- w- m- z - � w�g \\ \ ^ 2\ \ co4\ LU p § t } _ - 0 ! / : E - : _ r >}\} (}` {° 1 ::}\ V ig \� _ ! ! ( - - -_ - § ((}: }>i }{ 1 \:}} \(\} \: } j - )d\ J§\}%% \\\/ §- _To coR �\: m \ } \ \ \\\ \ } \ \ o"Eff f}- _t8 \ 2 » Lu \ Ls VFE (§\ (ni W 0 0 I • . K e e e 0 0 I • . K e e e I I I I I I I i o odz Q L 3Z i O W N g N I �/� v+ �Q LL F- O I I a W- 00 AVM N3311]�13VAS 1SV3 O 00 U) Q I Izl W Wo �I I 00 m �i N LL ¢ W 30OIJ 3an,, o ---- 2a of NOW9 1SV3 o; J ma cA ¢ Z I I II I II I i I I =I I I' I oI� 3�a1a - 3antNo�� / "am ro w CB AVMH`JIH 'S'N reds N�do 3oz+a I oN I� al �� II �� -7 r Z _ Jit30030 � ^ W Ls na' b 133HS 33S ---- _ I I I I 30 o7 68'<bro -- ____ se cos 3.ao,sb.CN I I �. I, J VM A3360 131MS 1SV3------------------------ — P 2 ti 6@<bb M, 60 Pb.C,S --------------------------------------- � W I I I I I I M g w 'wn vJ w ¢ =I al I = Za 00 W ! I a � O rn v) NI I va s w ~ I I C 3 v W ¢ H I U) F U I U I ? Q m I I � Z Q O Ory I W I ^ > M I 1- w a D \ I I O b N p I - 2 j� I � sgs \\ I V' \ I I 2sv \ I I I I L o-a I I I ` - _ I __ _ ----ebo5,bo.p----------JI N I i a �I 1SV3 ----- —I__ - — P ------- --_ooas ,00-os gaze os ess M.osso.as w ---- (aai> 3n o Qd R: w w 0=0 � �az< toes 66S"86f oao pe 3„<0,60.ZN t.0 is N V�j CO 3 2 Z _ W 6 AVMHOIH 'S'(1 , — — —-------- o I � I 99af ssab.£a I o e w'^__________________�bf e' - z 32 ^--- V a I I AI I - I I •� - I I - r `4�1______ I I I I I I I II I I w � I I I I I I I I I I I I � W rt I: W w Q a^ < Q W W I I� a Q I IN 0 O I I - >ya w I I I I I I I I I I 0 mo ---------------- 30---------------- lol I I I I I I - o0 I I I I I I I I I I I --- .6B'105 3„6094.£N --J I .Oo'a9 VM A33aO 131MS 1SV3 -- ------------------------ -------------------------------------- �: BINS ]IS N m o w ------------------------------- -- v ��m --------------------------- -- - ------------------------------- .zr<sc ----------- 3bfllNOW 1SV3 s - W OB"66S M, OS,bp.p5 � N 00'09— < bSl -- fl 0pl W "r ---------------- \W W m -- r—— ———— — — — —— Z— - s� 3 qp-------- Sp-66t M„OS,bp.p5 6SYL 4��j M.si,co54S ry7o i j ^tih I o 2a Io Z � i ti 2 g M Q w W U g r M� Z a oa U w W Z, a \Y V% W J W FU a zQ Y Z ¢ p Ug 0�/ °Z OL U� Zz M I..I.J � W c� mQ w �U J a CO 3 �/J N K 2 Z LU (7s s- LU 2 2 2 J "I 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 day of T, 202-3 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and Silvermont Properties LLLP h (Name of Developer) a Companies (Individual, Comppany or Corporation) located at 3l5 Parkway Dr. Kalispell, MT 59901 (Street AddressiP. 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 Silverbrook Estates Phase 3 (Name of Subdivision) located at A Tract of Land Bemy.A Portion of Tract 3 And Tract 4 of The Corrected Certificate Of Survey No. 15896 And A Portion of Lot 381B Of The Amended Plat Of Silverbrook Estates Phase 2b-A, Lot 381, Located In The Northeast Quarter Of Section 13, Township 29N, Range 22W. Priniepal Meridian, Montana, City of Kalispell. County of Flathead, Montana (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Silverbrook Estates Phase 3 _ , 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°o 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 sure of S 78,240.00 NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 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 $ $ 9 7,8 0 0.0 0 . 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 $ $ 9 7 , 8 0 0.0 0 the estimated cost of completing the required improvements in Silverbrook Estates Phase 3 (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 09 , 20�. A[' That upon completion of the required improvements, the Developer shall cause to be fled 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. Silverrriont Properties, LLLP & AR, (Name of Subdivision/Developer/Firm by (Name), -'--(Title) STATE OF MONTNA COUNTY OF ``��'' �tncral kr+ftAv- On this 3bx"` day of V�a'y , 20 Z! , before me, a Notary Public for the State of Montana, Trsonally a peared M 3� V t Ei arl S known to me to be the mat (J of ' ve r-m.artt whose name is subscribed to the foregoing instrument and acknowledged to me that he- s e executed the same. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Notarial Seal this day and year first above written. �Q�kfc C'4- � Notary Public for the State of Montana Printed Narne Cyxa'Ik� C.- Residing at tLj�--5(l My Commission Expires 01-f 13 y 2,o 2,'7 MAYOR, CITY OF KALISPELL ATTEST: CYNTHIA TUDHQPE �a+�ru�9s Notary Public for the State of Montana # * Residing at KALISPELL, MT My Commission Expires February 13, 2027 MAYOR CITY CLERK RESOLUTION NO.6060 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF SILVERBROOK ESTATES SUBDIVISION PHASE 3, MORE PARTICULARLY DESCRIBED AS A PORTION OF TRACT 3 AND 4 OF CERTIFICATE OF SURVEY 15996, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Silvermont Properties LLLP, the owner of the certain real property described above, has petitioned for approval of the Subdivision Plat of Phase 3 of said property, and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on February 8, 2022 on the proposal and reviewed Subdivision Report #KPP-22-01 issued by the Kalispell Planning Department, and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Silverbrook Estates Subdivision Phase 3 subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular council meeting of March 7, 2022, reviewed the Kalispell Planning Department Report #KPP-22-01, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-22-01 are hereby adopted as the Findings of Fact of the City Council. SECTION 2. That the application of Silvermont Properties LLLP for approval of the Preliminary Plat of Silverbrook Estates Subdivision Phase 3, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. 3. All conditions of the Silverbrook Estates Planned Unit Development (Ordinances 1597 and 1785) shall apply. 4. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include, but not be limited to, streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. 5. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city's facilities update and extensions of services plans. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built and tested as designed and approved. 6. 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. 7. Curb stops and service connections for the water and sewer services shall be installed prior to final plat if required by the Public Works Department. 8. An easement for the utility mains to the east of East Swift Creek Way shall be provided to the City. 9. Any water rights associated with the property shall be transferred to the City of Kalispell prior to final plat. 10. 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. 11. 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. 12. Boulevard areas, including street trees, shall be installed or bonded for. Street trees may also be part of a cash -in -lieu agreement. 13. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. 14. All easements and/or rights -of -way shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 15. All streets within the subdivision will be constructed to the appropriate city standards as detailed in the subdivision regulations and the City of Kalispell Standards for Design and Construction for local streets. 16. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to final plat and shall comply with the fire code. 17. 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 18. 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. 19. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. 20. A parks plan shall be approved by the Parks and Recreation Director. A minimum of 0.3 acres for this phase is required. The park shall meet the standards under Section 28.3.22 and the plan shall show that the parkland dedication requirement is met for this phase. A cash - in -lieu payment may be made pursuant to the subdivision regulations. The applicant shall provide a detailed breakdown of existing parks facilities and valuations relating to this phase and all prior phases prior to final plat. If deficient, additional park amenities or a cash -in -lieu payment will be required. 21. 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. 22, A note shall be placed on the final plat indicating a waiver of the right to protest creation of a stormwater maintenance district. This district shall only be activated in the event that the property owner(s) default on the maintenance of the approved stormwater facilities. The taxes levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. 23. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a Special Improvement District for roadway improvements in adjacent areas stating "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which will specifically benefit this subdivision." 24. A homeowner's association (HOA) shall be formed and established to provide for the maintenance of all common areas and facilities. 25. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 26. All utilities shall be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. 27. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 7TH DAY OF MARCH, 2022. ATTEST: Lti Mark John Mayor Ai ee Brunckhorst, CMC ,�`� � K!4[% .# City ClerkS� r 06 •.OVA. Project Name: Silverbrook Estates Phase 3 WGM Project Number, 19-08-13 Owner: Sllvermont Properties, LLLP & ARiM Sllverbrook, LLC Original Bonding Date: March 9,2023 EXHIBIT "B" CERTIFICATION OF WORK TO BE �-{V♦ WG M G R O U P COMPLETED Final Construction Construction Quantity Costs Completed as of Bonding Date Total Quantities and Casts Linellem Item Description Unit Quantity Unit Price Total Quantity Current Total Landscape Plan Cost Estimate GENERAL, OPEN SPACE, BOULEVARDS Ll Mobilization, Demobilization, Insura e, Permits L2 Boulevard landscaping 16'thick too-sc-1 and lawn mix. sod) L3 Deciduous Tree: 2.2V call (Boulevard; Street Treesl LA Automatic Irrigation System (See n;gation Plan) is aF LA I i 1 174 61 1 S4,000DO $10.00 SSOO.00 $42,000.00 $4,000.00 $1,740.00 $30,500-00 $42,000.00 0 3 J c $0.00 $0.00 50.00 $0.00 LANDSCAPING TOTAL $78,240.00 $0.00 TOTAL PROTECT BUDGET (INCLUDES LANDSCAPING) $79,240.00 $0.00 TOTAL ESTIMATED COST OF CONSTRUCTION $78,240.00 Approximate percentage of completed work as of bonding date:0% AMOUNT COMPLETED PRIOR TO BONDING $0.00 AMOUNT OF REMAINING WORK PRIOR TO BONDING $78,240.00 AMOUNT OF BOND (125% OF REMAINING WORK) $97,800.00 AS PROTECT ENGINEER FOR SILVERBROOK ESTATES PHASE 3,1 CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK. THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE. THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: SECURITY HELD AT 125%OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $0.00 $78.240.00 597,800.00 MIKE BRODIE. P.E. *ALL IMPROVEMENTS SHALL BE COMPLETED BY: March 9, 2025 4"&AWGMGROUP Community Values. Inspired Futures. February 9, 2023 PJ Sorensen, ESQ. Senior Planner Kalispell Planning Department 201 1st Avenue East Kalispell, MT 59901 Re: Response Letter - Final Plat Approval for Silverbrook Estates Phase 3 Dear PJ, Enclosed is the Final Plat additional information requested. Preliminary plat approval was granted in March 2022. The answers are as follows: 1. We need the mylars. Mylars will be supplied. Currently gathering signatures. 2. The plat needs to include the street addresses on each lot. The plat contains the street addresses. 3. We need the consents to plat (there was a placeholder in your application for that). Consents to plat have been supplied. 4. We need the tax certification (there was also a placeholder in your application for that). The tax certification has been supplied. 5. The CCRs would typically have something incorporating the new lots into the existing HOA. I did not see that in the packet. Westcraft Homes is working through the CCRs and will supply a copy of the annexation document when they are completed. 6. My understanding from Public Works is that no SIA is required, but that needs to be confirmed by them. There may be Parks items that would require an SIA. Public Works has confirmed that no SIA is required. 7. Public Works will need to review conditions 4 through 15. As noted above, the pre-existing work may address some of the items, although it is difficult when the approvals predate the preliminary plat. For example, the DEQ approval specifies Phase 2B and not 3. Updated approvals/confirmations may be needed from Public Works and DEQ. There may be items that will need to be addressed once their review is completed. 431 1 st Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com Kalispell Planning Department 11/29/22 Page 2 of 3 Public Works has reviewed with no exception to note. 8. 1 did not see certifications from you to Public Works regarding the water and sewer mains, or the stormwater facilities, as provided in conditions 5 and 10, although it is possible that those may have been submitted to Public Works. All Certification letters for infrastructure near the phase 3 location have been provided during the Silverbrook Road Improvements and Regional Pond close-out and Public Works has provided their approval. 9. 1 did not see the city erosion/sediment control permit or the DEQ stormwater discharge permit related to construction activity. There is no current construction activity. All construction activity in Phase 3 area was completed on earlier phases. Construction was conducted during other phases of project, therefore no ground disturbance was done and no erosion protection needed. 10. The letter from the Fire Department is from 2018 and a current approval from the Fire Department should be submitted. An up-to-date letter has been provided by the Fire Department and is enclosed. 11. The letter from USPS is based on Lot 287, predates this plat, and a current approval should be submitted covering these lots. The Post Office does approve the current location of mailbox located along East Monture Ridge to service Silverbrook Phase 3 residents. An up-to-date approval letter is enclosed. 12. There needs to be a letter from the Parks Department regarding boulevards, landscaping, trees, and parks, including a full breakdown of existing parks facilities to establish whether and cash -in - lieu of parks is required. This would relate to conditions 19 and 20. It should be noted that, in addition to an approved boulevard plan from Parks, which does not seem to be in place, there needs to be a cash -in -lieu or bonding on the trees that have not been installed per your letter. A boulevard plan specific to this plat and a relevant performance bond will be provided and submitted to Parks and Recreation and is pending approval. Park space currently platted in Preliminary Plat Phase 2 (of which this subdivision is a part) includes 4.98 acres. This encompasses the open space areas on all recorded plats in phase 2, including the east open spaces that are adjacent to Highway 93 and are composed of built paths, benches and landscaping. In addition, Stillwater Commons (aka Silverbrook Apartments) includes 3.06 acres of common park area. This includes parks areas to the east and west of the club house, the open space east of the apartment buildings that adjoins and connects to the eastern trail, and the connectivity path that runs north and south through the site. Total park space currently platted as part of Preliminary Plat Phase 2 is 9.04 acres. Kalispell Planning Department 11/29/22 Page 3 of 3 The proposed trails and park areas that will extend west of this subdivision to the Stillwater River have been bonded for and are included in the SIA for Silverbrook Estates Phase 213-13. This SIA document is enclosed for your reference. Sincerely, WGM Group, Inc. Mike Brodie, P.E. Senior Project Engineer Development Services Department Kalispell, MT 59901 KAILISPEILIL 2011st Avenue East Phone (406) 758-7940 FINAL PLAT Email: planninq@kalispell.com website: www.kalispell.com Project Name Silverbrook Estates Phase 3 Property Address N/A Silverbrook Estates NAME OF APPLICANT Silvermont Properties LLLP (Attn. Marvin Galts) [Applicant Phone 406-257-8249 Applicant Address 315 Parkway Drive City, State, Zip Kalispell, MT 59901 Applicant Email Address Marvin@galkohomes.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Silvermont Properties LLLP Owner Phone Same as Applicant I Owner Address Same as Applicant City, State, Zip Same as Applicant Owner Email Address Same as Applicant CONSULTANT (ARCHITECT/ENGINEER) WGM Group (attn. Mike Brodie) Phone 406-756-4848 Address City, State, Zip 431 1 st Avenue W. Kalispell, MT 59901 Email Address mbrodie@wgmgroup.com POINT OF CONTACT FOR REVIEW COMMENTS Mike Brodie Phone 406-756-4848 Address 431 1 st Avenue W. City, State, zip Kalispell, MT 59901 Email Address mbrodie@wgmgroup.com List ALL owners (any individual or other entity with an ownership interest in the property): Silvermont Properties, LLLP ARIM Siliverbrook, LLC Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): A Tract Of Land Being A Portion Of Tract 3 And Tract 4 Of The Corrected Certificate Of Survey No. 15896 And A Portion Of Lot 381 B Of The Amended Plat Of Silverbrook Estates Phase 2b-A, Lot 381. Located In The Northeast Quarter Of Section 13, Township 29 North, Range 22 West, Principal Meridian, Montana, City Of Kalispell, County Of Flathead, Montana KM 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. CAI Y CTI= KAILI[SPEILIL 1. Date of Preliminary Plat Approval March 71h, 2022 Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 2. Type of Subdivision: Residential lndustrialr Commercial PUDE Other 3. Total number of lots in Subdivision: 13 4. Land in Project (acres) 13.42 5. Parkland (acres) 538 8. Number of lots by type: Single Family 10 Commercial/industrial 2 Townhouse (sublots) 6. Cash -in -lieu $ 7. Exempt Multi -Family Mobile Home RV Park Other INSTRUCTIONS FOR FINAL PLAT 1. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineers certification, State Department of Health certification, etc., original letters shall be submitted Blank statements stating, for example, "all improvements are in place" are not acceptable. 2 A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. 3. Please verify the final plat with staff and submit to the county 509 committee prior to submitting mylars. REQUIRED SUBMITTALS Attached Not Applicable Cover letter addressing preliminary plat conditions w/ attachments Title Report (Original, not more than 90 days old) Tax Certification (Property Taxes must be paid) Consent(s) to Plat (Originals and notarized) Subdivision Improvement Agreement (Attach signed original & collateral) Parkland Cash -in -lieu (Check attached) Water rights transfer Copy of CCR's Plats (2 mylars & 1 electronic copy) - other attachments required per appendix D of subdivision regulations I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be pres a property for routine monitoring and inspection during the approval and development process. Appf nt Sign Date MARVInt (,ALT Guarantee SG - SG-8013648 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company GUARANTEES the Assured named in Schedule A, against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. IN WITNESS WHEREOF, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Guarantee to become valid when countersigned on Schedule A by an authorized officer or agent of the Company. Issued through the Office of: Alliance Title & Escrow, LLC 22 2nd Ave. West, Ste. 2100, Kalispell, MT 59901 (406)752-7606 Authorized Signature OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company PO Box 879 400 Second Avenue South, Minneapolis, Minnesota 554DI (612) 371-1111 gy Attest President Secretary GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Exclusions from Coverage of this Guarantee. The Company assumes no liability for loss or damage by reason of the following: (a) 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. (b) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water: whether or not the matters excluded by (1), (2) or (3) are shown by the public records. (c) Assurances to title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A)(C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, alleys, lanes, ways or waterways in which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) (1) Defects, liens, encumbrances, or adverse claims against the title, if assurances are provided as to such title, and as limited by such assurances. (2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records, and which are created, suffered, assumed or agreed to by one or more of the Assureds; (b) which result in no loss to the Assured; or (c) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of assurances provided. 3. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case any knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by such failure and then only to the extent of the prejudice. 4. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 5. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 4 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shall have the rights to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured hereunder shall secure to the Company the right to prosecute or provide defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 6. Proof of Loss or Damage. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within 90 days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative ofthe Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 7. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase the indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligations to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5. 8. Determination and Extent of Liability. This Guarantee is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the exclusions stated in Paragraph 2. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Section 10 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to the defect, lien or encumbrance assured against by this Guarantee. 9. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 10. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 5 shall reduce the amount of liability pro tanto. 11. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 12. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Asured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 13. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the Amount of Liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14. Liability Limited to this Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 15. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to: Old Republic National Title Insurance Company, 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. OLD *** ** REPUBLIC Subdivision Guarantee SCHEDULE A ORDERNo.: 627016 FEE: $200.00 1. Name of Assured: WGM Group LIABILITY: $1,000.00 GUARANTEE No. SG-8013648 2. Date of Guarantee: March 9, 2023at 7:30 AM The assurances referred to on the face page hereof are: That, according to the Company's property records relative to the following described land (but without examination of those Company records maintained and indexed by name): See Attached Exhibit'A' A. Name of Proposed Subdivision Plat or Condominium Map: SILVERBROOK ESTATES PHASE 3. B. The public records purport that only the hereafter named parties appear to have an interest affecting the land necessitating their execution of the named proposed plat or map: Silvermont Properties, LLLP also shown of record as Silvermont Properties, LLP ARIM Silverbrook, LLC, a Montana limited liability company C. According to the public records, the following documents purport to affect the described land: 1. County road rights -of -way not shown by the Public Records, including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. 2. All minerals in or under said land including but not limited to metals, oil, gas, coal, stone and mineral rights, mining rights and easement rights or other matters relating thereto, whether expressed or implied. 3. General Taxes for the year 2022 are paid Parcel No.: 44-0012146 In the original amount of: $4,144.24 4. General Taxes for the year 2022 are paid. Parcel No.: 75-0460013 In the original amount of: $4,489.68 5. General Taxes for the year 2022 are paid Parcel No.: 75-0507367 In the original amount of: $9,390.49 6. Liens, levies and assessments of the Silverbrook Estates Property Owners Association. 7. An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted To: Mountain States Power Company Purpose: Public Utilities Recorded: May 30, 1952 Book: 317, Page: 584 8. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Designation of Limited Access Highway by the State of Montana Highway Commission Recorded: December 7, 1989 Instrument No.: 89-340-0915-0 9. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Resolution No. 837A for the Creation of the Highway 93 North Zoning District Recorded: April 27, 1992 Instrument No.: 92-118-1202-0 10. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Bargain and Sale Deed to the State of Montana Department of Transportation regarding private approach and access control Recorded: July 21, 1992 Instrument No.: 92-203-1126-0 11. An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted To: Flathead Power Co. Purpose: Public Utilities Recorded: May 22, 2002 Instrument No.: 2002-142-08300 12. Easements, restrictions, reservations and dedications, as shown on Certificate of Survey No. 15896. 13. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Granted To: H & V Koenig Limited Partnership Purpose: Easement for ingress and egress for the purposes of exploration, development, production, storage and removal of reserved minerals Recorded: September 20, 2005 Instrument No.: 2005-263-1504-0 AND Recorded November 11, 2005 as Instrument No. 2005-320-1634-0 And Recorded December 4, 2012 as Instrument No. 2012-00028922 And Recorded December 7, 2012 as Instrument No. 2012-00029322 14. An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted To: Flathead Power Co. Purpose: Public Utilities Recorded: March 2, 2006 Instrument No.: 2006-061-08180 15. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Resolution No. 5129B Highway 93 North Growth Policy Amendment Recorded: August 11, 2006 Instrument No.: 2006-223-08320 16. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Resolution NO. 5168 for alteration of city boundaries by the City of Kalispell Recorded: December 18, 2006 Instrument No.: 2006-352-1545-0 17. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Petition to Annexation and Notice to Withdrawal From Rural Fire District Recorded: December 18, 2006 Instrument No.: 200635216460 18. Covenants, conditions and restrictions, but omitting any covenant or restriction based on race, color, religion, sex, sexual orientation, disability, handicap, familial status, marital status, ancestry, national origin 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. Recorded: March 5, 2008 Instrument No.: 2008-00006090 19. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Transfer Water Rights Recorded: March 18, 2008 Instrument No.: 2008-00007415 20. Covenants, conditions and restrictions, but omitting any covenant or restriction based on race, color, religion, sex, sexual orientation, disability, handicap, familial status, marital status, ancestry, national origin 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. Recorded: March 26, 2008 Instrument No.:200800008099 Modification(s) of said covenants, conditions and restrictions Recorded: January 28, 2010 Instrument No:2010-00002264 Further modifications of said covenants, conditions and restrictions Recorded: January 21, 2011 Instrument No.:2011-00001589 Further modifications of said covenants, conditions and restrictions Recorded: January 12, 2015 Instrument No.: 201500000659 Further modifications of said covenants, conditions and restrictions Recorded: May 20, 2015 Instrument No.: 201500009666 Further modifications of said covenants, conditions and restrictions Recorded: January 18, 2017 Instrument No.: 201700001126 Further modifications of said covenants, conditions and restrictions Recorded: September 15, 2020 Instrument No.: 202000031669 Further modifications of said covenants, conditions and restrictions Recorded: January 15, 2021 Instrument No.: 202100001872 21. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Assignment of Declarant Rights to Silvermont Properties, LLLP Recorded: October 13, 2015 Instrument No.: 2015-00023732 22. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Planned Unit Development Agreement Silverbrook Estates Subdivision Recorded: April 29, 2008 Instrument No.: 2008-00011582 23. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Ordinance No. 1597 City of Kalispell Zoning Recorded: April 20, 2009 Instrument No.: 2009-00009936 24. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Latecomers Agreement for Reimbursement for Municipal Water and Sewer Systems Extensions Recorded: April 29, 2009 Instrument No.: 2009-00011958 AND Assignment of Latecomers Agreement Recorded: October 8, 2015 Instrument No.: 201500023733 25. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Granted To: Daniel D. Koenig and Janet L. Schwalk Purpose: together with rights of ingress and egress Recorded: December 4, 2012 Instrument No.: 2012-00028922 26. An easement for the purpose shown below and rights incidental thereto as set forth in a document: Granted To: D&J Koenig Holdings, LLC Purpose: together with rights of ingress and egress Recorded: December 7, 2012 Instrument No.: 2012-00029322 27. Easements, restrictions, reservations, notes and/or dedications as shown on the official plat of Silverbrook Estates Phase IA. 28. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Resolution No. 5695, a Resolution to vacate the amended plats Recorded: November 21, 2014 Instrument No.201400023873 29. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Ordinance No. 1785, an Ordinance authorizing and adopting an amendment Recorded: March 24, 2017 Instrument No.: 201700006020 30. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Ordinance No. 1813 Adopting an Amendment to the Silverbrook Estates Planned Unit Development Recorded: December 19, 2018 Instrument No.: 201800030357 31 _ Easements, reservations, restrictions, notes and/or dedications as shown on the Amended Plat of Silverbrook Estates Phase 2B-A, Lot 381. AND Affidavit recorded January 14, 2019 Instrument No. 201900000724. 32. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Easements for Access, Utilities and Drainage Recorded: April 14, 2020 Instrument No.: 202000009453 33. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Waiver of Protest and Participation in Special Improvement District Recorded: October 6, 2020 Instrument No.: 202000033376 34. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Zoning Lot Determination Recorded: December 1, 4202 Instrument No.: 202000042047 35. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: City of Kalispell Impact Fee Assessment Agreement Recorded: May 28, 2021 Instrument No.: 202100018641 36. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: City of Kalispell Impact Fee Assessment Agreement Recorded: June 25, 2021 Instrument No.: 202100021636 37. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: City of Kalispell Impact Fee Assessment Agreement Recorded: August 25, 2021 Instrument No.: 202100029769 38. Agreement and the terms and conditions contained therein Between: City of Kalispell And: ARIM Silverbrook, LLC Purpose: Easement Agreement Recorded: March 21, 2022 Instrument No.: 202200007267 39. A Mortgage to secure an indebtedness as shown below secured thereby: Amount $8,000,000.00 Mortgagor: Silvermont Properties Mortgagee: Kirk's Tire (Lethbridge) LTD Dated: September 30, 2015 Recorded: October 8, 2015 Instrument No.: 201500023730 40. A Financing Statement filed in the Office of the County Recorder showing: Debtor: Silvermont Properties, LLLP Secured Party: Kirk's Tire (Lethbridge) Ltd. Recorded: October 8, 2015 Instrument No.: 201500023731 41. A Deed of Trust to secure an indebtedness in the amount shown below. Amount: $306,544,177.00 Trustor/Grantor: ARIM Silverbrook, LLC Trustee: Insured Titles Beneficiary: First Interstate Bank Dated: January 19, 2021 Recorded: January 19, 2021 Instrument No.: 202100002024 (As to a portion) 42. Notice of a Right to claim a lien. Claimant: Crescent Electric Supply Co. Recorded: July 14, 2022 Instrument No.: 202200017365 (As to a portion) 43. Notice of a Right to claim a lien. Claimant: ARIM Silverbrook, LLC Recorded: September 15, 2022 Instrument No.: 202200024884 (As to a portion) No guarantee is made regarding any liens, claims of liens, defects or encumbrances other than those specifically provided for above, and, if information was requested by reference to a street address, no guarantee is made that said land is the same as said address. Countersigned: Sa WC Authorized Officer or Agent File No. 627016 Exhibit `A' A TRACT OF LAND BEING A PORTION OF TRACT 3 AND TRACT 4 OF THE CORRECTED CERTIFICATE OF SURVEY NO. 15896 AND A PORTION OF LOT 381B OF THE AMENDED PLAT OF SILVERBROOK ESTATES PHASE 2B-A, LOT 381, BOTH ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST CORNER OF LOT 120, BLOCK 15 OF SILVERBROOK ESTATES PHASE IA, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA; THENCE ALONG THE NORTHERLY PERIMETER BOUNDARY LINES OF SAID BLOCK 15 OF SILVERBROOK ESTATES PHASE IA, THE FOLLOWING FOUR COURSES: 1) N47°12'52"W, 122.30 FEET; 2) N60°21'46"W, 227.66 FEET; 3) S72°44'13"W, 178.19 FEET; 4) S21°45'24"E, 115.33 FEET; THENCE N78033'39"W, 171.97 FEET; THENCE N25059'00"W, 80.48 FEET; THENCE N56007'21"E, 262.80 FEET; THENCE N32015'01"W, 128.95 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 970.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S32015'01"E; THENCE ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 33046'32", AN ARC LENGTH OF 571.81 FEET; THENCE N2009'07"E, 398.59 FEET; THENCE N65055'14"E, 78.58 FEET; THENCE S78045'39"E, 75.41 FEET; THENCE S49000'56"E 39.61 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 280.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S49000'56"E; THENCE ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 10013'25" AN ARC DISTANCE OF 49.96 FEET; THENCE N5101229"E, 98.56 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 14.78 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 118009'08", AN ARC DISTANCE OF 30.48 FEET; THENCE N23002'24"E, 60.00 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 13.92 FEET, A RADIAL FROM LAST SAID POINT BEARS N23002'38"E; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 107040' 13", AN ARC DISTANCE OF 26.16 FEET TO A POINT ON THE WEST BOUNDARY LINE OF SILVERBROOK ESTATES PHASE 2A-A, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA; THENCE ALONG THE WEST AND SOUTH BOUNDARY LINES OF SAID PLAT OF SILVERBROOK ESTATES PHASE 2A-A AND THE SOUTHERLY BOUNDARY LINES OF THE PLAT OF SILVERBROOK ESTATES PHASE 2A-B ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA THE FOLLOWING EIGHT COURSES: 1) S05022'11"W, 19.23 FEET; 2) S18°46'45"W, 60.22 FEET; 3) S74018'29"E, 63.55 FEET; 4) S86013'51 "E, 345.60 FEET; 5) NO3°46'08"E, 30.00 FEET; 6) S86013'51 "E, 395.09 FEET TO THE SOUTHEAST CORNER OF LOT 287 OF SAID PLAT OF SILVERBROOK ESTATES PHASE 2A-B; 7) N03046'09"E, 20.00 FEET; 8) S86° 13'51 "E, 45.61 FEET; THENCE ALONG THE WESTERLY BOUNDARY LINES OF THE OPEN SPACE OF SAID PLAT OF SILVERBROOK ESTATES PHASE 2A-B THE FOLLOWING THREE COURSES: 1) S54°48'44"E, 213.36 FEET; 2) S03°42'55"W, 386.67 FEET; 3) S19°46'14"W, 62.42 FEET TO THE NORTHEAST CORNER OF LOT 381A OF SAID AMENDED PLAT OF SILVERBROOK ESTATES PHASE 2B-A, LOT 381; THENCE ALONG THE NORTH AND WEST PERIMETER BOUNDARY LINES OF SAID AMENDED PLAT OF SILVERBROOK ESTATES PHASE 213-A, LOT 381, THE FOLLOWING FIVE COURSES: 1) N86° 13'51"W, 1135.24 FEET; 2) S4°04'50"W, 367.12 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 330.00 FEET; 3) SOUTHERLY, ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 19044'21", AN ARC LENGTH OF 113.69 FEET; 4) S23049'1 I"W, 10.85 FEET TO THE NORTH CORNER OF LOT 380, BLOCK 32, OF SAID PLAT OF SILVERBROOK ESTATES PHASE 213-A, SAID NORTH CORNER BEING A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 530.00 FEET; 5) SOUTHERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8029'48", AN ARC LENGTH OF 78.60 FEET TO THE SOUTHEAST CORNER OF SAID LOT 380 AND THE NORTH RIGHT-OF-WAY LINE OF SILVERTIP TRAIL (60.00 FEET WIDE); THENCE N72050'30"W, 62.46 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND TO BE KNOWN AS SILVERBROOK ESTATES PHASE 3. ORT Form 3797a Subdivi C., 120 119 t14 & 136 12 124 125 "M 1,33 t j.Nk" iA ? iv 12B s t. 24 150 13-29-2 1D6 23 22 151 1 "'This plat is plrowided solmy fix the Inirpow Of 05514ting ill lowlillu 11w Wild 20 767 and the Cumpany assumes no I!Wlity for 2 1 variations, it any, with the actual survey." ALLIANCE WITLE & ESO(OW 27,�t J l� r4 5B 104 1 T; .< 07 1f36 , 7, 17 97 10- 6- I in 14 231 BLO K .4 Sip 2Bd 287 LW 381A 272 .37 U 273 13a 139 14A 'e 274i IL 42 244 141 XK -EE- 2W 57 i zw 1.72 390 D 197 211 $74 M 251 175 ice. 195 212 Cfi 17G 187 194 114 1< I M 191 216 4z 1S5 221 20 ZE:2 �2M 223 2 5 Consent to Platting and Dedication: Pursuant to.7&3-612, KC.A�, the undersigned First Interstate Bank, Beneficiary, under that certain Deed of Trust identified as follows: Date: January 19, 2021 Trustor/Grantor: ARIM Siiverbrook, LLC Document Number: # 2021000020.24 �42-xed .--= -- VP k2 coo l,Se i� /Z T zZ Signature and Title Printed Name and Date Does hereby join in and consent to the platting: of the following described lands located in Flathead County, Montana, a portion of,which lands are subject to the lien of,the above referenced Beneficiary: Acknowledgement. This: instrument was acknowledged before me on this day, of N"imbfif , 20LZ By (Notary Seal) TIA SAMM4N 0� NOTARY PUBLIC for the h�p�,;R State. of montena SEAL Residing at Kalispell, Montana '9q�oFprt My Commission Expires June 15, 2025 Notary Signature Residing at:.�_� My commission expires: SILVERBROOK ESTATES PHASE 3 LEGAL DESCRIPTION - PERIMETER A TRACT OF LAND BEING A PORTION OF TRACT 3 AND TRACT 4 OF THE CORRECTED CERTIFICATE OF SURVEY NO. 15896 AND A PORTION OF LOT 381B OF THE AMENDED PLAT OF SILVERBROOK ESTATES PHASE 2B-A, LOT 381, BOTH ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST CORNER OF LOT 120, BLOCK 15 OF SILVERBROOK ESTATES PHASE 1A, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA; THENCE ALONG THE NORTHERLY PERIMETER BOUNDARY LINES OF SAID BLOCK 15 OF SILVERBROOK ESTATES PHASE 1A, THE FOLLOWING FOUR COURSES: 1) N47012'52"W, 122.30 FEET; 2) N60°21'46"W, 227.66 FEET; 3) S72044'13"W, 178.19 FEET; 4) S21 °45'24"E, 115.33 FEET; THENCE N78033'39"W, 171.97 FEET; THENCE N25°59'00"W, 80.48 FEET; THENCE N56007'21"E, 262.80 FEET; THENCE N32°15'01"W, 128.95 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 970.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S32°15'01"E; THENCE ALONG SAID NON - TANGENT CURVE THROUGH A CENTRAL ANGLE OF 33046'32", AN ARC LENGTH OF 571.81 FEET; THENCE N2°09'07"E, 398.59 FEET; THENCE N65°55'14"E, 78.58 FEET; THENCE S78°45'39"E, 75.41 FEET; THENCE S49°00'56"E 39.61 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 280.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S49000'56"E; THENCE ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 10013'25" AN ARC DISTANCE OF 49.96 FEET; THENCE N51 °12'29"E, 98.56 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 14,78 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 118009'08", AN ARC DISTANCE OF 30.48 FEET; THENCE N23002'24"E, 60.00 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 13.92 FEET, A z RADIAL FROM LAST SAID POINT BEARS N23002'38"E; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 107040'13", AN ARC DISTANCE OF 26.16 FEET TO A POINT ON THE WEST BOUNDARY LINE OF SILVERBROOK ESTATES PHASE 2A-A, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA; THENCE ALONG THE WEST AND SOUTH BOUNDARY LINES OF SAID PLAT OF SILVERBROOK ESTATES PHASE 2A-A AND THE SOUTHERLY BOUNDARY LINES OF THE PLAT OF SILVERBROOK ESTATES PHASE 2A-B ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA THE FOLLOWING EIGHT COURSES: 1) S05°22'11"W, 19.23 FEET; 2) S18046'45"W, 60.22 FEET; 3) S74°18'29"E, 63.55 FEET; 4) S86°13'51"E, 345.60 FEET; 5) NO3°46'08"E, 30.00 FEET; 6) S86°13'51"E, 395.09 FEET TO THE SOUTHEAST CORNER OF LOT 287 OF SAID PLAT OF SILVERBROOK ESTATES PHASE 2A-B; 7) NO3°46'09"E, 20.00 FEET; 8) S86013'51"E, 45.61 FEET; THENCE ALONG THE WESTERLY BOUNDARY LINES OF THE OPEN SPACE OF SAID PLAT OF SILVERBROOK ESTATES PHASE 2A-13 THE FOLLOWING THREE COURSES: 1) S54048'44"E, 213.36 FEET; 2) S03°42'55"W, 386,67 FEET, 3) S19°46'14"W, 62.42 FEET TO THE NORTHEAST CORNER OF LOT 381A OF SAID AMENDED PLAT OF SILVERBROOK ESTATES PHASE 2B-A, LOT 381; THENCE ALONG THE NORTH AND WEST PERIMETER BOUNDARY LINES OF SAID AMENDED PLAT OF SILVERBROOK ESTATES PHASE 213-A, LOT 381, THE FOLLOWING FIVE COURSES: 1) N86°13'51"W, 1135.24 FEET; 2) S4004'50"W, 367.12 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 330.00 FEET; 3) SOUTHERLY, ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 19-44-21", AN ARC LENGTH OF 113.69 FEET; 4) S23°49'11"W, 10.85 FEET TO THE NORTH CORNER OF LOT 380, BLOCK 32, OF SAID PLAT OF SILVERBROOK ESTATES PHASE 213- A, SAID NORTH CORNER BEING A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 530.00 FEET; 5) SOUTHERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8029'48", AN ARC LENGTH OF 78.60 FEET TO THE SOUTHEAST CORNER OF SAID LOT 380 AND THE NORTH RIGHT-OF-WAY LINE OF SILVERTIP TRAIL (60.00 FEET WIDE); THENCE N72°50'30"W, 62.46 FEET TO THE POINT OF BEGINNING; CONTAINING 22.12 ACRES, MORE OR LESS_ Consent to Platting and Dedication: Pursuant to 76-3-612, M_C.A, the undersigned Kirk's Tire (Lethbridge) LTD, Mortgagee under that certain Mortgage identified as follows: Date: September 30, 2015 Mortgago Silvermont Properties, LLLP D rtt�Pd tuber- # 2101500023730 i ature a . d'Title - tj IY or Printed N me and Date f Does er-eby and consent to the platting of the following described I I a ed in Flathead County, Montana, which lands are subject to the lien oft'he above referenced Mortgagee - Acknowledgement * * * * This instrument was acknowledged before me on this Ig day of D,,, r 200 By NIKKI .I l VAN Milt I IGEN Barrister & Solicitor (Notary Seal) NUVa y ignature � ~�- Residing at: _Pr,,vlr,« tj Aiv-,crtca My commission expires: _ SILVERBROOK ESTATES PHASE 3 LEGAL ❑ESCRIPTION - PERIMETER A TRACT OF LAND BEING A PORTION OF TRACT 3 AND TRACT 4 OF THE CORRECTED CERTIFICATE OF SURVEY NO. 15896 AND PORTION OF LOT 381B OF THE AMENDED PLAT OF SILVERBROOK ESTATES PHASE 2BA, LOT 381, BOTH ON FILE AN❑ OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST CORNER OF LOT 120, BLOCK 15 OF SILVERBROOK ESTATES PHASE 1A, ON FILE AND OF RECORD IN FLATHEA❑ COUNTY, MONTAN& THENCE ALONG THE NORTHERLY PERIMETER BOUNDARY LINES OF SAID BLOCK 15 OF SILVERBROOK ESTATES PHASE 1A, THE FOLLOWING FOUR COURSES: 1) N47°12'52"W, 122.30 FEET; 2) N60°21'46"W, 227.66 FEET: 3) S72°44'13"W, 178.19 FEET; 4) S21 °45'24"E, 115.33 FEET; THENCE N78033'39"W, 171.97 FEET; THENCE N25059'00"W, 80.48 FEET; THENCE N56.07-21 "E, 262.80 FEET; THENCE N32°15'01"W, 128.95 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 970.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S32015'01 "E; THENCE ALONG SAID NON - TANGENT CURVE THROUGH A CENTRAL ANGLE OF 33046'32", AN ARC LENGTH OF 571.81 FEET; THENCE N2°09'07"E, 398.59 FEET; THENCE N65°55'14"E, 78.58 FEET; THENCE S78045'39"E, 75.41 FEET; THENCE S49°00'56"E 39.61 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 280.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S49000'56"E; THENCE ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 10°1325" AN ARC DISTANCE OF 49.96 FEET; THENCE N51 °12'29"E, 98.56 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 14.78 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 118009'08", AN ARC DISTANCE OF 30.48 FEET; THENCE N23°02'24"E, 60.00 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 13.92 FEET, A Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY : WGM FOR : Silvermont Properties LLLP & ARIM Silverbrook LLC DATE : 12/16/2022 DESCP : Silverbrook Estates Ph 3 PURPOSE: Subdivision YEARS ASSESSOR # 2020 thru 2022 0460013 & 0012146 2021 & 2022 0507367 I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for Parh accPccnr ni imhar APR 1 3 2023 UNITED STATES J POSTAL SERVICE Charity Zemke, EI Staff Engineer Silverbrook Estates Phase 3 431 1"Ave W Kalispell, MT 59901 REF: Silverbrook Estates Phase 3 2/7/2023 Charity I have looked at the preliminary plat for I Silverbrook Estates Phase 3. I approve the location on East Monture Ridge and Great Northern Trail across from Block 25 Lot 290. 1-10 unit CBU with 2 parcel lockers will be the mode of delivery and parcel lockers If further development of the adjacent property is to happen it will be the responsibility of the Developer and or HOA to purchase a more CBU's and additional Parcel Lockers. (Parcel Locker for every S deliveries is the Domestic Mail Manual and LISPS minimum Requirements for New Construction) The CBU's will be installed prior to the residents moving into their homes. USPS will input the addresses for this project into the AMS system and will retain all keys for the parcel lockers not the individual keys for the mail. Developer and or HOA will be responsible for the maintenance and replacement of CBU and Parcel locker if destroyed or stolen. This is a condition of my approval so that the customers have a secure Mode of Delivery and will be able to receive mail and parcels and to be added to the Automated Mail System (AMS) that the USPS provides this for address conformation for Local, City, State and Federal Mandates. We have a mutually agreed signed Mode of Delivery Agreement. Consider this letter as approval of the site for US Postal Service Delivery Respectfully, Larry A. Golie Postmaster 350 N. Meridian RD Kalispell, MT 59901-9998 '9406-257-9796 ELawrence.A.Golie@USPS.GOV FCA Flathead Station aUNITEDST13TES POSTU SERVICE Wmalj Ffl x "Efficiency is doing things right, Effectiveness is doing the right things."- Peter Drucker CITY OF )For KALISPELL May 9, 2023 Mike Brodie, PE Project Engineer WGM Group 431 1st Ave West Kalispell, MT 59901 Re: Final Plat Conditions for Silverbrook Phase 3 Dear Brodie, The purpose of this letter is to address the Public Works related conditions required prior to Final Plat as referenced in the conditions of Preliminary Plat described in Resolution No 6060. The following conditions require Public Works approval and appear to be applicable to the Final Plat of Phase 3 of the Silverbrook Subdivision. Condition 4: "New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City ofKalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include, but not be limited to, streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. Some of the infrastructure for Phase 3 of the Silverbrook Subdivision was approved and installed with previous phases of development. More recently, remaining utility mains, services and other infrastructure improvements were reviewed by Public Works engineering staff and approved on September 16th, 2019. At the time, the project was called Silverbrook Road Improvements and included new water and storm mains in East Monture Ridge, new water, sewer, and storm mains in Diamond Peak Drive, and new storm mains in East Swift Creek Way. Additionally, new utility services and other infrastructure were added as part of that project. Condition 4 of the preliminary plat conditions shall hereby be considered satisfied. 201 1' Avenue E IPhone (406)758-7720 Po Box 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 1 www.kalispell.eom Condition 5: "Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell 's Standards for Design and Construction and in compliance with the city's facilities update and extension ofservices plans. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built and tested as designed and approved. " See comment for Condition 4. Water, sewer, and storm mains were reviewed and approved as part of the Silverbrook Road Improvements Project. Required extensions were reviewed at that time. A certification letter for the water and sewer mains was provided by Mike Brodie, PE (engineer of record for the Silverbrook Road Improvements Project) on 8-12-20. Condition 5 of the preliminary plat conditions shall hereby be considered satisfied. Condition 6: The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. Plans and specifications for were concurrently submitted to the Kalispell Department of Public Works and the Montana Department of Environmental Quality in accordance with the Standards for Design and Construction. City approval was obtained on September 16th, 2019. MDEQ approval was obtained on September 20, 2019. Both approvals were received prior to commencement of construction. Condition 6 of the preliminary plat conditions shall hereby be considered satisfied. Condition 7: Curb stops and service connections for the water and sewer services shall be installed prior to final plat if required by the Public Works Department. Additional water and sewer services were installed as part of the aforementioned Silverbrook Road Improvements Project. All lots included in the Phase 3 Final Plat have water and sewer services available for connection installed in accordance with City Standards. Condition 7 of the preliminary plat conditions shall hereby be considered satisfied. Condition 8: An easement for the utility mains to the east of East Swift Creek Way shall be provided to the City. A 70 foot wide Public Utility Easement has been provided on Diamond Peak Drive (a private road) for the public utility mains. Condition 8 of the preliminary plat conditions shall hereby be considered satisfied. Page 2 of 5 Condition 9: Any water rights associated with the property shall be transferred to the City of Kalispell prior to final plat. A search was completed using the DNRC Water Right Query System for Silvermont Properties. Two water rights were identified. The first water right is a "livestock from source" water right, which provides no known value to the City and should probably be severed from the property. The second water right is a 1,000 gpm groundwater water right for irrigation. This well was originally supposed to be transferred to the City with Phase 1 of Silverbrook as a municipal water source, but manganese was found in the water. At that time, the city agreed to allow Silverbrook to utilize the well for irrigation of their common areas. Condition 9 of the preliminary plat conditions shall hereby be considered satisfied. Condition 10: The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineering drainage plan that meets the requirements of the current city standard for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating the drainage plan for the subdivision has been installed as designed and approved. A stormwater report was provided for the project which indicated that the Regional Storm Pond installed as part of Phase 2 of Silverbrook would meet the requirements of the City of Kalispell Standards for Design and Construction. A certification was provided with that project. Condition 10 of the preliminary plat conditions shall hereby be considered satisfied. Condition 11: 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. A construction stormwater permit was reviewed and approved for the project. Condition 11 of the preliminary plat conditions shall hereby be considered satisfied. Condition 13: A letter from the Kalispell Public Works Department shall be submitted stating that all infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. An acceptance letter from Construction Manager, Mark Crowley to Charity Zemke with WGM (dated 1-27-23), accepted the improvements for the project and the appropriate warranty bond for said improvements. Condition 13 of the preliminary plat conditions shall hereby be considered satisfied. Page 3 of 5 Condition 14: All easements and/or rights -of -way shall be dedicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. The draft of the plat available for review at the time of this letter provides rights -of -way and easements in accordance with this condition and City of Kalispell Standards for Design and Construction. This letter shall be considered adequate to meet the requirements of this condition. Condition 14 of the preliminary plat conditions shall hereby be considered satisfied. Condition 15: All streets within the subdivision will be constructed to the appropriate city standards as detailed in the subdivision regulations and the City of Kalispell Standards for Design and Construction for local streets. Consistency of the design with city standards was reviewed during engineering design review. One deviation from city standards in regards to streets was approved to allow East Swift Creek Way to be widened to allow on -street parallel parking and more of a "downtown" feel with bulb -outs at the north and south intersections. This road is expected to be a central promenade of sorts for the surrounding development and is intended to encourage destination traffic. This design was carefully scrutinized to verify it provided appropriate tapers at the boulevards, adequate snow storage and boulevard areas. The design deviation request was approved on 6/12/20. Condition 15 of the preliminary plat conditions shall hereby be considered satisfied. Condition 22: A note shall be placed on the final plat indicating a waiver of the right to protest creation of a stormwater maintenance district. This district shall only be activated in the event that the property owners) default on the maintenance of the approved stormwater facilities. The taxes levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. The draft of the plat available for review at the time of this letter provides the required text specified above. Condition 22 of the preliminary plat conditions shall hereby be considered satisfied. Page 4of5 Condition 23: A note shall be placed on the final plat indicated a waiver of the right to protest creation of a Special Improvement District for roadway improvements in adjacent areas stating "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which will specifically benefit this subdivision. " The draft of the plat available for review at the time of this letter provides the required text specified above. Condition 23 of the preliminary plat conditions shall hereby be considered satisfied. Condition 26: All utilities shall be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. All utilities were designed to be installed underground and were certified by the engineer of record to be constructed in accordance with the approved plans and city standards. Condition 26 of the preliminary plat conditions shall hereby be considered satisfied. Sincerely, Keith Ha kips, PE Deputy Director of Public Works / City Engineer CC: PJ Sorenson, Esq. — Senior Planner Page 5 of 5 November 19, 2018 Stephanie Reynolds, PE Project Engineer WGM Group, Inc. 431 1st Ave West Kalispell, MT 59901 RE: Regional Stormwater Management Plan Silverbrook Estates Phase 2 East — Engineering Approval Dear Ms. Reynolds, The construction drawings and report received November 151h, 2018 for the above project are hereby approved. Two reviews were completed during this process at a cost of $180 each. Please send a check to the Building Department for $360. 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. This approval is for the Public Works Department only and not does necessitate full City approval. If additional approvals from other City Departments are required, they should continue to be pursued. 2011s' Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406)758-7720 — Fax (406)758-7831 www.kalispeff com Please contact Mark Crowley at (406)249-2485 to set up a pre -construction meeting prior to beginning construction. Right -of -Way and Stormwater permits must be obtained by the prime contractor for this project. At project completion, please provide the City with record drawings per section 1.6 of the City of Kalispell's Design and Construction Standards. We look forward to working with you on this project. Sincerely, J_W_ I � ;A� Patrick Jentz, PE Cc: Keith Haskins, PE — City Engineer Mark Crowley, — Construction Manager 2011s' Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406)758-7720 — Fax (406)758-7831 www.kalispeff com September 161h 2019 Mike Brodie, PE Project Engineer WGM Group 431 1st Ave West Kalispell, MT 59901 Re: Silverbrook Road Improvements Project Engineering Approval Dear Mr. Brodie: The drawings submitted on August 81h, for the above project are hereby approved. The following deviation requests were made and are approved for only this project. Several site and project specific factors were taken into consideration before granting these deviations. The same deviations may not be approved for future projects. • The request to deviate from standard 5.1.213. V. to allow 10 foot of bury for water mains. • The request to deviate from standard 5.2.2.A and 6.2.2.A to allow horizontal and vertical separation of less than require by MDEQ Circulars 1 and 2 when one of the utilities is encased in flowable fill. • The request to deviate from standard 4.1.213 to allow city utility collection and distribution mains to be located outside the paved portion of a street or alley. • The request to deviate from standard 7.1.6.E.II.f.ii to allow a storm main to be located within 3 feet from the toe of curb. • The request to deviate from standard 7.1.6.E.i.ii to allow pipes of different sizes to have crowns placed at the same elevations. • The request to deviate from standard 8.1.3.13 to allow streets to intersect at less than 900 Two reviews were done at a cost of $180 each. Please submit the review fee of $360 to the Public Works front desk. 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. This approval is for the Public Works Department only and not does necessitate full City approval. If additional approvals from other City Departments are required they should continue to be pursued. Please contact the Public Works Department at (406)758-7720 to set up a pre -construction meeting prior to beginning construction. A Right -of -Way and Stormwater permit must be obtained by the prime contractor for this project. At project completion, please provide the City with hard copy and electronic record drawings. We look forward to working with you on this project. Sincerely, Patrick Jentz, PE Engineer 2 cc: Keith Haskins PE, City Engineer Emily Gillespie PE, MDEQ 2011s' Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406)758-7720 — Fax (406)758-7831 www.kalispeff com City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406) 758-7720, Fax (406) 758-7831 August 14, 2007 Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Montana 59901 Attention: Dick Montgomery, P.E. RE: Silverbrook Estates U.S. 93 Utility Main Extension Kalispell, Montana Dear Dick, This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by CTA Architects and Engineers, Inc., for the water maln(s), sanitary sewer maln(s), sewer force main(s), sewage pumping station and appurtenant items. The Kalispell water distribution system and sanitary sewer system has adequate capacity to serve the project. Please feel free to call if you have any questions. Sine r y, F nk Castle , P.E. Deputy Public Works Director/Assistant City Engineer cc: Pat White, P.E. CTA Architects and Engineers, Inc. P.O. Box 1439 Billings, Montana 59101 KALISPELL FIRE DEPARTMENT Dan Pearce — Fire Chief P© Box 1997 Jessica Kinzer Assistant Chief 312 First Avenue East Cec Lee — Fire Secretary Kalispell, Montana 59901 Phone: (406) 758-7760 FAX: (406) 759-7777 Re: Silverbrook Estates (Phase 3) Fire Hydrant Locations February 2, 2023 Upon review of the Fire Hydrant Exhibit plan submitted to Kalispell Fire Department for Silverbrook Estates -Phase 3 (WGM Group project 160831, record drawing date of 1/28/2021), the Fire Department approves the hydrant layout/spacing and ability to access these hydrants from the design submitted. This approval does not include future development/expansions with additional lots or phases where additional hydrants might be needed depending on site layout. Daniel Pearce Fire Chief City of Kalispell "Protecting our eominunity with the highest level ofprofessionalism." D E -,RE Montana Department QAMM- of Environmental Quality December 7, 2022 Mike Brodie PE WGM Group 431 1st Avenue West Kalispell MT 59901 RE: Silverbrook Estates Phase 3 Municipal Facilities Exclusion EQ# 23-1737 City of Kalispell Flathead County Dear Mr. Brodie; This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(1)(d), MCA, this subdivision is not subject to review, and the Declaration can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 76-4-131. Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Silverbrook Estates Phase 3 Municipal Facilities Exclusion will consist of 10 Lots. Sincerely, Rachel. Clark Engineering Bureau Chief Water Quality Division Department of Environmental Quality (406) 444-1277 Email rachel.clark2L mt. _og_v cc: City Engineer County Sanitarian file Greg Gianforte, Governor I Chris Dorrington, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov QAdM4Ift--�N Montana Department of Environmental Quality September 20, 2019 Mike Brodie, PE WGM Group 431 1 st Ave West Kalispell, MT 59901 Re: City of Kalispell (PWSID#MT0000259) Silverbrook Estates Phase 2B Water & Sewer Main Extensions - Approval EQ# 19-1721 Dear Mr. Brodie: The plans and specifications, engineering report and deviation requests for the Silverbrook Estates Phase 2B water and sewer main extensions within East Monture Ridge and Diamond Peak Drive, submitted under the seal of Michael J. Brodie, PE#28348, were received on February 4 — September 18, 2019. The City of Kalispell approval was provided on September 16, 2019. The submittal was reviewed in accordance with Department Circular DEQ-1, 2014 Edition and Circular DEQ-2, 2016 Edition. The Silverbrook Estates Phase 2B water and sewer main extension plans and specifications, received August 16, 2019, with replacement sheets 19 and 20, received September 18, 2019, are hereby approved with the condition listed below. One copy of the plans and specifications bearing the approval stamp of the Department of Environmental Quality Public Water Section is enclosed. A second set will be retained as Department Record. Condition One: The water and sewer main extensions, herein approved, are intended to provide looping to improve water system flows and to complete the mains prior to paving of this street. No service connections were proposed by these extensions at this time. Therefore, neither subdivision review nor MFE process are necessary at this time. The water main improvements consist of approximately: 3100 feet of 8-inch diameter water main (C900 PVC), 6 fire hydrant assemblies, 19 gate valves, 3 connections to existing main, 2 end caps for future extension and one blow -off valve. Fire hydrant flow testing and fire modeling in the area estimates at least 1500 gpm at 20 psi equivalent will be available at the proposed fire hydrant. Please note that the gate valve at station 4+19 on Sheet 16 (Diamond Peak Drive) should remain closed, so that a dead-end water main leg does not develop stagnant water issues. The sewer main improvements consist of: approximately 650 feet of 8-inch diameter gravity sewer main (SDR 35 PVC), 300 feet of 8-inch diameter gravity sewer main (C900 PVC) and 4 precast manholes. Steve Bullock, Governor I Tom Livers, Director 1 655 Timberwolf Parkway Suite 3 1 Kalispell, MT 59901-1215 1 (406) 755-8985 1 www.deq.mt.gov City of Kalispell (PWSID#MT0000259) Silverbrook Estates Phase 213 Water & Sewer Main Extensions - Approval EQ# 19-1721 September 20, 2019 Page 2 of 2 As a part of the project a deviation was requested and granted from Circular DEQ-1 Section 8.3.3, allowing a vertical separation between water and sanitary sewer mains to be reduced from 18 inches, provided that a minimum of 6 inches of clearance is provided, flowable fill is installed surrounding the water main for the lateral extents shown in the plans and C900 PVC pipe is used for the sanitary sewer sections with less than 18 inches of clearance. Approval is given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal 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 will be completed within three years of this date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. This three-year expiration period does not extend any compliance schedule requirements pursuant to a Department enforcement action against a public water or sewage system. 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 me at (406) 755-8979 or egillespie(u-)-mt.gov Sincerely, Emily J. Gillespie, P.E. Engineering Bureau If you have any further questions, please contact cc: Keith Haskins, City of Kalispell Public Works Wendee Jacobs, Flathead County Environmental Health Plan Review File MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY MUNICIPAL FACILITIES EXCLUSION DEq o0 tCh �wronmon:a! n Subdivision Name: Silverbrook Estates Phase 3 Number of lots/parcels/units: 10 1 3 /0 07-4077-13-1-01-15-0000 GeoCode: (this can be found at httpalsvc,mt.gnvlmsllmtcadastral Are main extensions necessary to serve the subdivision? Yes VNo If yes, have plans for the mains been submitted for review9 Yes _No How will construction of the facilities be financed? Private. dpveloppr fijnding Owner Information: Arim Silverbrook LLC Owner(s) Name: Silvermont Properties LLLP Print name of owner(s) Address: 315 Parkway Drive, Kalispell, MT 59901 Email: Marvin@ galkohomes.com Consultant Information: Signature of all owners of record (3695 Lower Valley Rd., Kalispell, MT, 59901) Street or PO Box, City, State, Zip Code Phone: Company and Address: 431 1 st Ave W Kalispell, MT 59901 406-257-8249 Email: mbrodie w m rou _com Phone: 406-756-4848 Eligibility Re uirements: All of the following criteria must be met: The project must be provided with adequate municipal water and sewer, solid waste disposal and the municipality must review storm water plans. All the mains necessary to serve the subdivision must be municipality owned, operated and maintained. Privately owned mains or lift stations make the project ineligible for this exemption. The municipality must be a 1 s' or 2nd class municipality as described in MCA 7-4-111 or covered under a growth policy pursuant to Title 76, chapter 1. The project must be one of the following (check applicable box): y A new division subject to review under the Montana Subdivision and Platting Act, or _ Previously divided parcels recorded with Sanitary Restrictions prior to July 1, 1973 or Divisions or parcels of land that are exempt from Montana Subdivision and Platting Act review under 76-3-203 or 76-3-207 (1) (a), (b), (d), (e), or Form continues on next page Submittal: Requirements: All of the following items must be submitted: _ This form, signed by the property owner, and the municipalities' representative. Copy of Preliminary Plat, COS, Amended Plat or Unit Declaration. The Plat, COS, Am Plat or Unit Declaration must contain the exemption 76-4-125 (1)(d)(i), (ii) or (iii). If using item (iii), the Plat, COS, Am Plat or Unit Declaration must also contain the appropriate Platting Act exemption. Vicinity map showing project location. Applicable zoning ordinances in effect on file Copy of growth policy, if applicable ]/ on file $120 processing fee Certification: I hereby certify that I am licensed to practice engineering in the State of Montana, I am employed directly or retained by the municipality providing service and am authorized to sign on behalf of the municipality. In addition, I hereby certify that: 1. The existing water and wastewater systems are in compliance with the provisions of Title 75, chapters 5 and 6, and 2. The water and wastewater systems have adequate capacity to meet the needs of the project, and 3. The municipality has or will review plans to ensure adequate storm water drainage and adequate solid waste disposal. i (Signature of Professional Engineer) Montana P.E. Number 2$672 Send to: MTDEQ Subdivisions PO Box 200901 Helena MT 59620-0901 1, t4TA DOUGLAS KFITH HASKINS ,3No. 25572PE , \Lsls� :WS-6/2622 (Date Signed) Stamp Revised 3/1/2020 CITY OF KALISPELL May 31, 2023 Kalispell Planning Department Attn: PJ Sorenson P.O. Box 1997 Kalispell, MT 59901 Phone: (406) 758-7932 Re: Silverbrook Phase III Dear PJ: Kalispell Parks & Recreation 306 1st Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7715 Fax (406) 758-7719 This letter is to serve as conditional approval on the proposed landscaping plan for the boulevards, common area, and parklands for Silverbrook Phase III, per designs submitted by WGM. 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 Silverbrook Phase III. The bond may not be longer than a period of 12 months. Tree plantings are required to meet the Street Tree Ordinance standards of 2 't/4" caliper and have a 4-foot fibrous mulch around them in addition to meeting ISA planting standards. Prior to installation of the trees, the developers landscape contractor is to contact our Parks Superintendent prior to any tree plantings about proper planting protocols and submit a planting permit. Mineral mulch in the boulevards and adjacent to the public way is not permitted. Any landscape revisions or substitutions need to be authorized by Kalispell Parks and Recreation prior to installation. Irrigation systems will need to extend to the furthermost edges of all landscaped areas and provide head - to -head coverage. Any areas with temporary irrigation will need to be underground with no hoses or portable sprinklers used to irrigate and be on a central timer with the rest of the subdivision irrigation. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings at which time any bonding that has been submitted will be released after acceptance of completed landscaping. It should be noted that all trees and landscaping are under a 2-year warranty period, and should they die within this period, the developer will be responsible for replacement. The warranty period will not begin till Kalispell Parks and Recreation accepts all landscaping meeting ISA standards, our landscape ordinance, and our forestry ordinance. If you have any concerns or questions, please give me a call. Sincerely, ld� �_ Chad Fincher, Parks, and Recreation Director Kalispell Parks and Recreation DECLARATION OF ANNEXATION TO DECLARATION OF COVENANTS, CONDITIONSAND RESTRICTIONS OFSILVERBROOK ESTATES SUBDIVISION ,t+ This Declaration of Annexation is executed on this 10" day of February 2023, by Silvermont Properties, LLLP, a Montana Company (hereinafter referred to as the "Developer") RECITALS: Developer has executed and recorded a written declaration of covenants, conditions and restrictions of Silverbrook Estates recorded on March 26, 2008, under Document No. 200800008099 and First Amendment to and Complete Restatement of Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates recorded January 1, 2010 under Document No. 201000002264 and any amendments thereafter, recorded in the office of the Flathead County Clerk and Recorder (hereinafter referred to as the "Declaration"); and Pursuant to the terms and conditions of the Declaration, specifically Article XVIII thereof, the Developer retains the right to expand the effect of this Declaration to include all or part of the Expansion Property which is defined in Article XVIII, Section 18.1; and The Developer has opted to expand and include Silverbrook Estates Phase 3, all of which is shown on the legal and plat attached here to as Exhibit "A" ACCORDINGLY, the undersigned Developer Hereby Annexes into the Declaration as follows: I. All of the above and foregoing Recitals form a part of the operative and substantive provision of this Annexation. 2. The addition of real property now owned or owned in the future by Declarant identified in Phase 3 shall be shown on the legal and plat attached herein referred to as exhibit "A" 3. Phase 3 shall be effective upon the date that this document is recorded in the office of the Flathead County Clerk and Recorder. 4. Except as annexes by this Declaration shall be and remain the same and in full force and effect. 5. Let this document serve as a notice to all future purchasers that all lots in Phase 3 are subject to the Covenants, Conditions and Restrictions of Silverbrook Estates recorded on March 26, 2008 under Document No. 200800008099 and First Amendment to and Complete Restatement of Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates recorded January 1, 2010 under Document No. 201000002264 and any amendments thereafter, recorded in the office of the Flathead County Clerk and Recorder. IN WITNESS WHEREOF, the Developer has executed this Declaration of Annexation effective the date and year first above written. Developer: Silvermont Properties LLLP Printed Name and Title State of Montana Flathead County This instrument was acknowledged before me this 10th day of February 2023 Of Silvermont Properties LLP t�tiaruc CYNTHIATUDHOPE Notary Public (or the n ` Nolarial,' State of Montana �G Au Seal Residing at KALISPELL, MT _ My Commisslnn Expires Notary �F'ubiic for State of Montana February 13, 2023 'EXHIBIT A' SILVERBROOK ESTATES PHASE 3 A TRACT OF LAND BEING A PORTION OF TRACT 3 AND TRACT 4 OF THE CORRECTED CERTIFICATE OF SURVEY N0, 15896 AND A PORTION OF LOT 381 B OF THE AMENDED PLAT OF SILVERBROOK ESTATES PHASE 2B-A, LOT 381, BOTH ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST CORNER OF LOT 120, BLOCK 15 OF SILVERBROOK ESTATES PHASE 1A, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA; THENCE ALONG THE NORTHERLY PERIMETER BOUNDARY LINES OF SAID BLOCK 15 OF SILVERBROOK ESTATES PHASE 1A, THE FOLLOWING FOUR COURSES: 1) N47°12'52"W, 122.30 FEET; 2) N60021'46"W, 227.66 FEET; 3) S72044'13"W, 178.19 FEET; 4) S21°45'24"W, 115.33 FEET; THENCE N78033'39"W, 171.97 FEET; THENCE N25°59'00"W, 80.48 FEET; THENCE N56°07'21"E, 262.80 FEET; THENCE N32015'01"W, 128.95 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 970.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S32°15'01"E; THENCE NORTHEASTERLY, ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 33046'32", AN ARC LENGTH OF 571.81 FEET; THENCE N2009'07"E, 398.59 FEET; THENCE N65°55'14"E, 78.58 FEET; THENCE S78°45'39"E, 75.41 FEET; THENCE S49000'56"E 39.61 FEET TO A POINT ON A NON -TANGENT CURVE, CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 280.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S49000'56"E; THENCE NORTHEASTERLY, ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 10013'25" AN ARC DISTANCE OF 49.96 FEET; THENCE N51 °12'29"E, 98.56 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 14.78 FEET; THENCE NORTHWESTERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 118"09'08", AN ARC DISTANCE OF 30.48 FEET; THENCE N23°02'24"E, 60.00 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 13.92 FEET, A RADIAL FROM LAST SAID POINT BEARS N23°02'38"E; THENCE NORTHEASTERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 107040" 3", AN ARC DISTANCE OF 26.16 FEET TO A POINT ON THE WEST BOUNDARY LINE OF SILVERBROOK ESTATES PHASE 2A-A, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA; THENCE ALONG THE WEST AND SOUTH BOUNDARY LINES OF SAID PLAT OF SILVERBROOK ESTATES PHASE 2A-A AND THE SOUTHERLY BOUNDARY LINES OF THE PLAT OF SILVERBROOK ESTATES PHASE 2A-B ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA THE FOLLOWING EIGHT COURSES: 1) S05°22'11"W, 19.23 FEET; 2) S18°46'45"W, 60.22 FEET; 3) S74-18'29"E, 63.55 FEET; 4) S86013'51"E, 345,60 FEET; 5) NO3°46'08"E, 30.00 FEET; 6) S86013'51"E, 395.09 FEET TO THE SOUTHEAST CORNER OF LOT 287 OF SAID PLAT OF SILVERBROOK ESTATES PHASE 2A-B; 7) NO3°46'09"E, 20.00 FEET; 8) S86°1 T51 "E, 45.61 FEET; THENCE ALONG THE WESTERLY BOUNDARY LINES OF THE OPEN SPACE OF SAID PLAT OF SILVERBROOK ESTATES PHASE 2A-B THE FOLLOWING THREE COURSES: 1) S54°48'44"E, 213.36 FEET; 2) S03042'55"W, 386,67 FEET; 3) S19°46'14"W, 62.42 FEET TO THE NORTHEAST CORNER OF LOT 381A OF SAID AMENDED PLAT OF SILVERBROOK ESTATES PHASE 2B-A, LOT 381; THENCE ALONG THE NORTH AND WEST PERIMETER BOUNDARY LINES OF SAID AMENDED PLAT OF SILVERBROOK ESTATES PHASE 213-A, LOT 381, THE FOLLOWING FIVE COURSES: 1) N86°13'51"W, 1135.24 FEET; 2) S4°04'50"W, 367.12 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 330.00 FEET; 3) SOUTHERLY, ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 19°4421", AN ARC LENGTH OF 113.69 FEET; 4) S23.49-11 "W, 10.85 FEET TO THE NORTH CORNER OF LOT 380, BLOCK 32, OF SAID PLAT OF SILVERBROOK ESTATES PHASE 2B-A, SAID NORTH CORNER BEING A POINT ON A TANGENT Page 1 of 2 CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 530.00 FEET; 5) SOUTHERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8-29-48", AN ARC LENGTH OF 78.60 FEET TO THE SOUTHWEST CORNER OF SAID LOT 380 AND THE NORTH RIGHT-OF- WAY LINE OF SILVERTIP TRAIL (60.00 FEET WIDE,); THENCE N72050'30"W, 62.46 FEET TO THE POINT OF BEGINNING; CONTAINING 22.12 ACRES, MORE OR LESS. THE ABOVE TRACT IS TO BE KNOWN AND DESIGNATED AS SILVERBROOK ESTATES PHASE 3. Page 2 of 2 CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 530.00 FEET; 5) SOUTHERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8-29-48", AN ARC LENGTH OF 78.60 FEET TO THE SOUTHWEST CORNER OF SAID LOT 380 AND THE NORTH RIGHT-OF- WAY LINE OF SILVERTIP TRAIL (60.00 FEET WIDE,); THENCE N72050'30"W, 62.46 FEET TO THE POINT OF BEGINNING; CONTAINING 22.12 ACRES, MORE OR LESS. THE ABOVE TRACT IS TO BE KNOWN AND DESIGNATED AS SILVERBROOK ESTATES PHASE 3. Page 2 of 2 Upon recording, please return to: Colleen r. Donahoe 7QhnsOil, Ilerg, McEvoy & Bastuek, PLLP PO Box 3038 Kalispell, Montana 59903-3039 IlilllllllllllllIIIIIIIIIIJill llllll1111IIIIIIIIIIIIIIIIi1i1IIIIIi1IIIIIi1III � ' (M. 4 F—e $x60.00 r se Rub Flzm�, na,M� a 1-4 Ni e;. oi,+retxoia 11M AN 00 CaG r-q FIRST AMENDMENT TO AND COMPIXIA'ti, RESTATEMENT OF ry C7 DECLARATION OF COVENANTS, CONDITIONS, CD lie RESTRICTIONS AND RESERVATIONS FOR SILVERBROOK ESTATES Ln � C7 A RESIDENTIAL AND CONLMERC:IAL DEVELOPMENT IN ICALISPELL, MONTA�NA r� N rl to r-1 C> C) 3 LI THiS FIRST AMENDMENT TO AND COMPLETE RESTATEMENT OF THE " rs DECLARATION of CovenanF Condltions, Restrictions and Reservations for Silverbrook Estates is executed this day of i , 2010 by 93 and Church, LLC, a Montana limited liability company, hereinafter refcrred to h ein as the "Declarant." O 0 Ln u-i p T WHEREAS, Declarant caused to be filed the Declaration of Covenants, Conditions, Restrictions 00 ov and Reservations for Silverbrook Estates with the Flathead County Clerk and Recorder as Document No. rn rN � 200800008099, hereinafter sometimes "Original Declaration" or "Declaration'; and ,-q Ln Cr 0 Y/IffREAS, pursuant to the Original Declaration, Declarant specifically reserved unto itself the 0 Ln LU C> right to amend said Declaration during the period of Declarant Control; and WHEREAS, Declarant is the owner of more than seventy-five percent (75%) of the lots comprising Silverbrook Estates; and 00 Ln Ln WHEREAS, NOTICE HAS BEF.,N PROVMED TO Owners pursuant to Section 16.8.2 of the 0 I Declaration and Declarant certifies that fewer than 75% of Owners objected to this action by virtue of +--1 Declarant's ownership of greater than 75% of the lots; and r� Ln N 00 Ln st WHEREAS, Declarant desires to amend and completely restate said Declaration to change or add Q '-:5 the following; (1) requirements governing [lie Association contained in Article N; (2) Declarant's right Ln inC) C3 to waive assessments in Article V; (3) construction commencement and completion in Article X; (4) ,17 :� driveway location and installation in Article XI; (5) parking requirements contained in Article XI; (6) sire r,4 � andconfiguration of structures contained in Article XVrl; and to otherwise correct internal discrepancies, ors co, discrepancies 'between the Declaration and the Bylaws of Silverbrook Estates and/or design guidelines; 00 and LM Ln o 0WHICRLAS, Declarant continues to reserve the right to further amend said Declaration as C contemplated within the Declaration referenced bereinabove. tt ae Ln b- NOW, THTREFORE, in consideration of the foregoing recitals and the amendment powers a , reserved unto Declarant as set forth in the Declaration, Declarant hereby amends and completes restates C7 0 said Declaration as follows- 0 cn THE DECLARANT is the owner ancl/or developer of certain real property situated in Flathead V County, Monti me, which is more particularly described on Exhibit A attached to this Declaration and by 0 this reference made a part hereof. This property is the site of a mixed residential and commercial QL") development to be ]mown as "Silverbrook Estates," sometimes referred to hcrcin as the "Property;" and ^^ THE DECLARANT desires to subject the Property, togetlier with all the buildings and other i.ri r!-i tQ r. improvements now or hereafter constructed thereon, as well as all appurtenances to the Property, to this o Declaration; and Ln Ln 00 Mrse .4inariduient to and Complete Rertaleriew of Declaration of CvveRHilt.4 - Silverbrook Estates l page - 1 - PIIIIIIIill11111AII11II11IIIIIIIIIIIIIIIIII1IIIIIIIIIIIIIIIIlIIllllIlvIIII O 24a� Paula. Nohlnson, Pia;heeb Coun[y MI by ;i® a1/23/Cale I1:55 m THE DECLARANT farther desires to establish for its own benefit and for the mutual benefit of all future owners of the Property, or any part thereof, certain covenants, conditions, restrictions, easements, rights, privileges, assessments and liens as set forth herein which shall encumber and run with the Property and shall apply to all buildings and other improvements now or hereafter constructed thereon; and TIRE DECLARANT intends that the future owners, and all other persons who may acquire an interest in the Property shall at all times hold their interest subject to the burdens of, and enjoy the benefits of, the provisions of this Declaration which is made and recorded in furtherance of establishing an outstanding and environmentally sensitive residential and commercial community governed by this Declaration and its roles for the use, occupancy, management and enjoyment of the Properly, which rules are designed to protect and enhance the value, desirability and attractiveness of the Property and all buildings and other improvements constructed thereon, while minimizing any negative impacts the development may have on the natural environment, ARTICLE I DECLAITATION AND IMPOSITION OF COTENANTS AND STAT)' MYNT OF DEV)f LOPNMNT PFULOSOPHY Section 1.1 5tateumeni of Purpose: The purpose of the Declarant in making this Declaration and subjecting the Property to it is to create, an outstanding and carefully planned mixed residential and commercial community to be known as Silverbrook Estates (the "Project" or "Silverbrook Estates"). The purpose of this document is to assist Owners in 5ilverbTook Estates by providing a framework for the design, construction, maintenance and use of their individual property within the subdivision. This will allow each individual project to contribute to the long-term goal of creating a development that compliments and enhances the surrounding natural environment. This document also explains the rules and restrictions that are intended to protect the landscape, wildlife, and use of property for the protection and enjoyment of all Owners in Silverbrook Estates. This document, together with the Silverbrook Estates Design Guidelines, also outlines appropriate architectural elements that retlect the specific context and environment of Silverbrook Estates. Specific Objectives ofthis Declaration are: ■ To protect and enhance the natural environment, wildlife and individual property values; ■ To respect environmental conditions as well as neighbors; ■ To impose architectural criteria for buildings which allow for individual expression but also establish clearly delineated parameters; ■ To address all types of development and property use, including buildings, landscaping, maintenance, water usage, fences, signs, driveways, utility installation, parking, lighting and maintenance, Section 1.2 Right fo .!":'xpandr The Declarant may acquire in the future additional real estate which it may desire to incorporate into Silverbrook Estates (the "Expansion Property"), and the Declarant has reserved the fight, but will oat be obligated, to incorporate the Expansion Property in whole or in part in accordance with the annexation procedures set Forth in Article XV111 below, so that the Expansion Property, if and when annexed and developed, will be treated as an integral part of the planned community of Silverbrook Estates. Section 1.3 Imposition of Covenants. To accomplish the purposes outlined above, the Declarant hereby declares that from the date of the first recording of the original Declaration forward, the Property will constitute a planned community known as Silverbrook Estates, and will be held, sold and conveyed subject to the covenants, conditions, restrictions, easements and other reservations set forth herein (collectively, the "Covenants"). The Covenants will run with the land and will be binding upon all persons and entities having any right, title, or interest in all or any part of" the Property (including Declarant) and their heirs, successors and assigns, as well as their tenants, employees, guests and invitees. These Covenants will inure to the benefit of each Owner of the Property. First rftr+enrf++re+rf to and Complete RestalepmenI of Dedurnlforr of'Covenants — Silverbrook Ewafes / gage - 2 - IIIIiiII NI IIIII illll IIIII lull IIiII ilill IIIII IliII IIIII Ilal 11111Ii11 IIII IIII ftg- I ° F ;,6a Frei: $16&00 vriil.i Rohln—, rlathmd lnurtty qi by time 0112V2010 11:5% AN ARTICLE [1 DEF'fMTiONS The following terms are given the definitions set forth below, and when used in this Declaration the defined terms are capitalized. Section 2.1 Association and P.O.A. shall mean the Silverbrook Estates Property Owners Association. The Association may be incorporated as a Montana nonprofit corporation, with its Members as the residential Lot Owners. The Declarant reserves the right to create associations of the commercial property owners and/or the R-4 Residential Lot owners, as well as a master association with over -arching jurisdiction over the other associations. Declarant reserves the right to structure these associations of the Silverbrook property owners in the manner Declarant believes best serves the interests of Silverbrook Estates. Section 2.2 Contract Purchaser shall mean a person buying a Lot pursuant to a contract for deed, Montana Trust Indenture or mortgage. Section 2.3 Covenants and CC:Rs shall refer to the Declaration of Covenants, Conditions. Restldetions (this document). Section 2.4 Declarant shall mean and refer to 93 and Church, LLC, and its successors and assigns. Section 2.5 Directors shall mean the Board of Directors of the Association who shall be elected at the annual meeting pursuant to the Bylaws. Section 2.6 Design Guidelines shall mean the guidelines and rules adopted and incorporated herein by this reference. The Design Guidelines may be amended and supplemented from time to time pursuant to the requirements set forth in the Design Guidelines. Section 2.7 Impranentent(s) shall mean all buildings, parking areas, loading areas, fences, walls, hedges, plantings, lighting, poles, driveways, roads, ponds, lakes, trails, gates, signs, changes in any exterior color or shape, excavation and all other site work, including, without limitation, grading, read construction, utility improvements, removal of trees or plantings, and any new exterior construction or exterior improvement which may not be included in the foregoing. Improvewerat(s) does not include tort, shrub, or tree repair or replacement or changes to existing builcbngs which do not change exterior colors Dr exterior appearances. Isrprovement(s) does include both original improvements and all later changes to improvements. Section 2.8 Lot(rJ shall mean all of the real property herein described and subsequently surveyed and platted into lots as Silverbrook Estates development, according to the official plats thereof filed of record in the office of the Cleric and Recorder of Flathead County, Montana. There will be lots for individual residences, townhome lots and commercial lots. Section 2.9 Majority shall mean fifty-one percent (511/6) or more of cast votes in reference to the Association and its Members. Section 2.10 Member shall mean any Owner or Lot Owner of a residential Lot. Each Member or Owner agrees to abide and be 'bound by these Covenants, the Articles of Incorporation, the Design Guidelines, and the Bylaws and the Resolutions of the Property Owners Association. Section 2.11 Open Space or Common Area shall mean all of the property conveyed to the Association for use by the Association and its Members and Owners in common including roads, trails, parks and waterways. Common Area also includes those areas not conveyed to the Association, but with respect to which the Association has responsibility, such as boulevards, sidewalks and landscaped areas within road rights -of -way owned by the City of Kalispell. Section 2.12 Owner or Lot pewter shall mean any person or entity owning a fee simple interest lit a Lot or a Contract Purchaser, whether one or more persons or entities, owning or purchasing a Lot, but excluding those baying a mortgage or an interest merely as security for the performance of an obligation, provided, however, that prior to the fiirsc conveyance of a Lot for value, the term "Owner" shall mean i ist Atnandnlent in and Complete Restatement of Declaration of Cavenants — Silverbrook Estates / Page - 3 - II��II�I �I Ilul IIIII I IIII 111111111111111 IIIIIIIII11YII IIIlI ffI II1 1 lu1 II1II 1IAII 1lIl 1�II P� ofZ 4 FM.;. See+Y.uu P-1a R.H.— Flathead County M) by ti- 61t2412010 11:55 RR "Declarant" or its successors or assigns. The term "person" hereinafter shall include any person, persons or entities, Section 2.13 Period of Declarant Contral shall mean the period beginning on the date the original Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana, and ending on the earlier of (i) the date which is seven (7) years later, or (ii) the date on which the Declarant has sold seventy-five percent (75%) of the Lots in Silverbrook Estates, including any annexations or additions to the subdivision. The Period of Declarant Control may be reinstated or extended by agreement between Declarant and the Association, subject to whatever terms, conditions, and limitations the Board of Directors may impose, After the termination of the Period of Declarant Control, Declarant, if still an Owner, will continue to have all the rights and duties ordinarily given to Owners under this Declaration. Section 2.14 Property means and includes the property described on Exhibit A and initially subjected to this Declaration, and also refers to any additional real property that may be incorporated in the Project from time to time and made subject to these Covenants pursuant to the provisions of this Declaration. Section 2.15 Other Definitions: Other definitions may he found throughout these Covenants. Any term not specifically defined shall be deemed to have its common and ordinary meaning. ARTICLE III CONFIDENTIALITY Section 3.1 Duty of Confldetulaliry: Silverbrook Estates and its P,O.A, shall maintain the confidentiality of information at all times. This requirement recognizes that Owners leave a reasonable right to privacy and that an Owner could be hanned by an unjust or unfounded allegation of a violation of a Covenant or rule relating to the Property. At the same time, Owners who report violations should be able to do so without fear of reprisal. Section 3.2 Iuiparranny of Confidentiality: In situations involving alleged violations of the Covenants, confidentiality facilitates interaction between the Association and its Members. Communication can be less guarded and more direct than it would be with a public process. Confidentiality helps the Association determine the facts in disputes involving neighbors. Complaints and counter -complaints from neighbors sometimes arise; sometimes these are legitimate, sometimes they are exaggerated or fabricated. Confidentiality Helps in distinguishing facts from feelings in such cases. Confidentiality also guards against adverse publicity and public misunderstanding for individual Owners and for the Association. Section 3.3 Disclosure in Reporting: Those who report covenant or rule violations to the Association must disclose their identity, but the Association shall take care to protect the confidentiality of such reports. Reports of violations shall be submitted in writing and signed. Generally, reports submitted anonymously to the Association will not be investigated or pursued. There are several reasons for this policy! 3.3.1 The requirement that reports of violations be signed and in writing allows the Association to contact the reporter when additional information is needed. An anonymous report affords insufficient means for follow-up. 3.3.2 Requiring disclosure of a violation reporter's identity to the Association significantly reduces the number of frivolous or unnecessary complaints. Anonymous complaints are often less reliable than those in which the reporter's identity is disclosed. 3.3.3 The Association cannot initiate enforcement action without just cause. Written complaints document that cause. This helps internally within the Association; directors who must act on a problem can be assured that a reliable rendition of the Complaint exists. If the matter results in legal action, written documentation is in the hands of the Association. Firs! rt++�erldnterlr try a+ld Cnniplele Restatensent ojDecfaruero+r nj Ctluerrauts Silver6ronk L� cftrtcs / Page - 4 - ! IIi�IPII III fPlll Ili IIQP IIII! IIl1P IIIII IINI IIIII IIIII iPlll IiIII IIQIlIIP Ili! P '°°s �' =gig" Pees: tiea.ao PauTs RDhiems, Fiarnbad aa,..,y m ay t+o U11291201e ss_ss AM ARTICLE IV SILVERBROOK ESTATES PROPERTY OWNERS ASSOCIIATION Section 4.1 Establishinettt of Association: An association is hereby established known as "Silverbrook Estates Property Owners Association" hereinafter referred to as the P.O.A. or the Association. Said Association may be incorporated under a different name as may be determined by the Association and approved by the Montana Secretary of State. Section 4.2 Association Membership and Voting Rights. Every Owner or contract purchaser of a residential Lot shall be a member of the Silverbrook Estates Property Owners Association. Membership shall be appurtenant to and may not be separated from the ownership of any Lot. Each Owner shall be responsible for notifying the Association of their acquisition of ownership, of their mailing address, and of any subsequent changes of ownership or trailing address. The initial address of the Association shall be 33 Hunter Circle, Suite 1, KalispeIl, Montana 59901. The address of the Association may be changed by the Board of Directors upon notice to the Owners. All members will he entitled to vote on Silverbrook Estates Property Owners Association matters on the basis of one vote for each Lot owned, When more then one person holds an interest in a Lot, all such persons will be Members, but they may cast only one vote for each Lot with such vote to be cast in such manner as those multiple owners may determine among themselves. For the purpose of determining membership at any meeting, a person or entity shall be deemed to be a Member upon the recording of a duly executed deed to that Owner, or upon the recording of a notice of a purchaser's interest or an abstract of a contract ror ecodd showing a contract purchase by an Owner. The legal title retained by the vendor selling under contract shall not qualify such vendor for membership. Foreclosure of a mortgage, trust indenture or the termination or foreclosure of a contract for deed wherein title is vested in the mortgagee, beneficiary or original seller on a contract, or repossession for any reason of a Lot sold under a contract shall terminate the vendee's membership, whereupon all rights to such membership shall vest in the legal owner. Section 4.3 .Association Meetings: The annual meeting of the Association shall occur in May of each year in accordance with the notice requirements set forth in the Association's Bylaws. Special meetings may be called by the President of the Association or by a majority of the Board of Directors, or upon written request of Members who are collectively entitled to vote at least twenty percent (20%) of all of the votes in [he Association. Special meetings shall require seven (7) days notice, in writing. Notice of annual and special meetings shall be mailed to Owners at the address for each Owner as maintained by the Association. The presence of Members, in person or by written proxy, representing twenty percent (200/.) of the total votes of the membership shall constitute a quorum. At the annual meeting, the Members shall review and approve a budget for the next year, elect Directors and conduct such other business as shall be reasonable or necessary to carry out the purposes of the Association. The Berard of Directors shall be comprised of not less than three (3) Directors or more than seven (7) Directors, The annual meeting of the Board of Directors shall be held immediately after the annual meeting of the Members. At the annual meeting, the Directors shall elect a President, Vice -President, Secretary and a Treasurer for the Association from among the Directors, except that the Secretary and Treasurer may be Members who are not Directors. This Section is subject to Declarant's rights set forth in Article XD( during the period of Declarant control, Section 4.4 TurnovertMeedug: The Declarant reserves the right, at any time before the expiration of the Period of Declarant Control, to call a special tweeting of the Association for the purpose of transferring control of the Association to the Members. Should the Declarant call such a meeting„ it shall present to the Members its plan for the orderly transfer of control the Association to the Members, and the Members will be obligated to accept control of the .Association in accordance with such plan. Firsi.elnrendinent to and Complete Restalenie:rl of Deelaralion of G'ovenords - silverbrook &ores / page - s - Illllilllll Il[II IIIII IIIII Iflll IIIIIIIIII IIIII full IIIII IIIIIIIIII III11F IIII P. 6 of 264 Fms: slea.oa Pnurn Nohi naan, 11.0-0 County Nr by ti— ❑r/M/2010 J55 AR Section 4.5 Tert►ts of Directors: The Directors shall serve for a term of three (3) years as set forth in the Bylaws, Each Director shall serve until replaced by his or her successor, Any vacancy on the Board of Directors occurring before the next annual meeting of the Members shall be filled by appointment or special election as determined by the remaining Directors. This Section is subject to Declarant's rights set fottb in Article )I£ during the period of Declarant control. Section 4.6 Board Powers: The Board of Directors shall have the power and responsibility of acting on behalf of the Association and its members as shall be reasonably necessary to cant' out the purposes of the Association, including but not limited to taking such actions as shall be necessary or reasonable to care for, protect and maintain the Open Space and Common Areas; to enforce these Covenants and the Design Guidelines; to levy and collect assessments; to set annual and special meetings; and to act in any other matters set forth herein or which may serve Silverbrook Estates, including the formation of special improvement districts, either public or private, for such improvements as the Association shall approve, The Directors shall act by simple majority vote. The officers of the Association shall follow the directions of the majority vote of the Directors, Section 4.7 Board Duties: The duties of each of the officers shall be as follows: 4.7.1 Preside w The President shall preside over all meetings of the P.Q.A. The President shall call the membership together whenever necessary. The President shall be the general administrative and executive officer of the P.O.A., and shall perform such duties as may be specified, and exercise such powers as may be delegated to the office of President by the Hoard of Directors. 4.7.2 Nee -President: The Vice -President shall exercise the powers of the President in the absence of the President. 4.7.3 Secretary: The Secretary shall give notice of all meetings of the P.O.A. and shall keep a record of the proceedings of the meetings of the P.Q.A. The Secretary shall be authorized to sign on behalf of the P_O,A, all records, documents and instruments when such are authorized to be signed by the P.O.A. 4.7.4 Treasurer. The Treasurer shall keep and maintain adequate and correct records of the accounts, propertics and business of the P,O.A., including accounts of its assets, liabilities, receipts, disbursements, gains and losses. The Treasurer shall prepare and report such periodic accountings as shall be required by the P.O.A., but not less frequently than annually. Section 4.8 Jurisdietfon of the Association: The Association shall have jurisdiction over all areas of Silverbruuk Estates which are designated as residential on the, final plat of the subdivision or by City of Kalispell zoning ordinances. Section 4.9 Addiiio►:al Associations: The Declarant reserves the right, to establish additional associations of Silverbrook Estates property owners to further the objectives of this Declaration and to promote the interests and enhance the governance of Silverbrook Estates. Such additional associations may consist of an association of the commercial property owners, as association of the townhome Lot owners or a master association to oversee and coordinate the fimetions of all the sub -associations. ARTICLE V ANNUAL AND SPECIAL ASSESSMENTS Section 5.1 Assessnie►rts: Each owner, whether or not it shall be so expressed in any deed or contract, is deemed to have agreed to these Covenants, and to pay to the Association; a) Annual assessments or charges; and b) Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. First Amendnretrt to and Comptese Reslalensent ofDeedaralion of Covenants — Siblerbrook Estates 1 Pege - 6 - I IIIIIIPI III IIIII IIIII IPIII ITII IIIIP IIIII IIIIP IIIII I�il lllll llll Illii llll IIII � °°°`:�:;64 tes5: ii611. PNula ttw lnaerv,, flnlhewd [wuty N7 6y t4m 43/23/L410 ;L:SS AN The annual mid special assessments, together with interest, costs and reasonable attorneys fees, shall lie a charge on the Lot, and shall be a continuing lien upon the property against which each such assessment is made. Each assessment, togetler with any accreting interest, costs and attorney's fees, shall he the personal obligation of the Owner of such Lot at the time when the assessments are due, Section 5.2 Pnrpase of Assessments. The assessments Ievied by the Association shall be used to promote the health, safety, convenience, recreational opportunities and welfare of the Owners; for the improvement, repair and maintenance of easements, trails, water features, roads, Open Spaces, and Common Areas; and for any other purposes, expressed or implied, in these Covenants. Section 5.3 Annual Assessments. The maximum annual assessment per Lot which may be made by the Association in any calendar year shall not substantially exceed the projected and budgeted actual and reasonable costs to be incurred by the Association during the coming year in carrying out its functions, and may include a reasonable reserve for contingencies. The amount of the annual assessments shall be faxed by the Board of Directors in the following manner: At each annual meeting of the Members, the Directors shall present a proposed budget of the estimated expenses for the Association for the coming year to the Members for review, discussion, amendment, comment and approval. The Members shall approve or amend the proposed budget by a majority vote of the Members present or voting by proxy. After the annual meeting, the Board of Directors shall set the amount of the assessments and the date(s) upon which they are due for the coming year to cover the budget approved in the manner herein set forth. I+ ionvithstanding the foregoing, the annual assessment per Lot during any twelve (12) month period shall not increase more than test percent (10%) from the immediately preceding 12-month period. Section 5.4 Special Assessments for Capital Improvements.. In addition to the annual assessments authorized above, the Association may levy special assessments for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, or other capital improvements on the Property, including fixtures and personal property related thereto, provided that any such assessment shall have the approval of two-thirds (2/3) or more of all of the votes of the Members who are present, in person or by proxy, at a meeting duly called for that purpose, Special assessments may be levied to be paid over one or more years. Assessments for normal maintenance and repairs shall require only a simple majority vote. Section 5.5 Uniform Rate of Assessment. Annual assessments shall be fixed by the Directors at a uniform rate for each of the following three (3) categories- Neighborhood IComtnercial, R-4 Residential and Residential Single Family. All commercial Lots will be included in the Silverbrook Estates parking district, Each of the commercial Lots is subject to additional assessments relative to their parking obligation associated with that Lot. Section 5.6 Due Date of Assessments. The annual assessments shall be payable in monthly installments as directed by the Board of Directors. The Board of Directors shall make provision for prepayment of the annual assessment such that the Members have the ability to prepay their assessments quarterly or annually. Due dates for assessments shall be determined by the Board of Directors. The Board of Directors shall fix the amount of the annual assessments upon each Lunt at least thirty (30) days in advance of the due elate of each annual assessment, and at least ninety (90) days in advance of special assessments. Written notice of the annual and special assessments shall be mailed or personally delivered to every Owner subject thereto, at the last known mailing address. Section 5.7 Firibire to Pay Assessments; Remedies of the Association Any assessment not paid within thirty (30) days after the dire date shall bear interest from the due date at the rate of ten percent (10%®) per annum. The Association may bring an action against the Owner obligated to pay the same or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Open Space or Common Areas, or by abandonment of their Lot. Upon delivery of the notice of assessment to the Owner, the assessment shall be a lien upon the Owner's Lot until paid. The Association may record a notice of the lien with the Clerk and Recorder of Flathead County, Montana. If the assessment is not paid within thirty (30) days after the recording of the notice of lien, the Association may foreclose the lien in the manner set forth under Montana law for the foreclosure rirst /hnendnrrarf to and Cato Clete Resramnew of Declaratfan of Covenants - SlIverbrook Estates / Page - 7 - IIIIIfIIIIiIIIIIIIfIIIIIIIIIIIIILIIIIIIIIIIIIIIII�IIIILIILi111111111111111iL11 P 9 — 264 P-7- Rn6in,on, nntheed County Mr � tires O2/28/ O"pQ W-55 AM of liens against real property. The Association shall be entitled to recover froth the Owner any and all reasonable attorney's fees and costs incurred in the collection of any delinquent assessments. Section 5.8 Sale yr Transfer of a Got. The sale, transfer or encumbrance of any Lot shall not affect the personal liability of the Owner responsible for the assessment or the assessment lien if the lien is recorded In the records of Flathead County, Montana, No sale or transfer to a third party with actual or constructive knowledge of an assessment shall relieve such new Owner from the liability for any outstanding assessments, or from any assessments thereafter becoming due, or from the recorded lien thereof. A person or entity purchasing a Lot shall be responsible for checking with the Association for any outstanding assessments against said Lot before closing the transaction. Section 5.9 Waiver: During the Period Declarant Control, Declarant reserves the right to waive any assessments it deems advisable, in its sole discretion. ARTICLE VI SUSTAINABILITY 5eetian 6.1 Conrtnitment to Sustai►iable Development: The preservation of the natural beauty and quality of life found in the Flathead Valley — sustainability — is an important objective of Silverbrook Estates. 'These Covenants are intended to ,promote and ensure a more environmentally conscious way of living. There are provisions throughout these Covenants and the Design Guidelines which emphasize and foster the concept of sustainability. All such provisions trust be met by any development project within Silverbrook Estates, unless a waiver or variance is granted by the Design Review Committee. ARTICLE VH DESIGN GUIDELINES Section 7.1 l5rtent of Design Guidelines: The intent of the Design Guidelines, a separate document adopted to govern the building of any and all structures in Silverbrook Estates, is to define a level of duality and consistency of building design which will maximize the overall quality of Silverbrook Estates. The creativity of the Owners and their professional consultants will be respected, Individual expression is encouraged, provided it is harmonious with the overall character established by the Design Guidelines, Section 7.2 Compliance With Design Guidelines: The Design Guidelines are incorporated herein by reference and are enforceable as if they were a part of the Covenants. All Improvements shall be in conformance with the Design Guidelines. Variances may be granted if a plan is of excellent architectural design and meets the overall philosophy of the Design Guidelines. Section 7.3 Design Review Committee: The Silverbrook Estates Design Review Committee (DRC) is hereby established and shall carry out all duties bestowed upon it by the Association, these Covenants, the Design Guidelines and any amendments to such documents. The procedures for seeking DRC review and approval of any proposed Improvement are set forth in the Design Guidelines, No Improvement of any kind shall be commenced without the written approval of the DRC. Each structure must be constructed in compliance with the Design Guidelines, including but not limited to, location, size, height, color, materials, design and all other requirements of the Design Guidelines. All landscaping must be installed within the first growing season following substantial completion of any residential of commercial development. ARTICLE VIII SILVERBROOK ESTATES DESIGN REVIEW COMMTTEE (DRC) Section 8.1 Authority of DRC: The Silverbrook Estates Design Review Committee (I)RC) shall act in addition to, and not in lieu of the City of Kalispell and its planning and zoning authority, to which Silverbrook Estates is subject. Neither the City of Kalispell not its Planning Board, however, is an appeal board for the DRC. The DRC is given authority through Article VIl above. Feat Anrendine t to and Complete Restatenient of Declaration of Cai,errants — Sihierhrook Estates / Page - 8 - I lilll!!I III IlII! IIIII ICI! IIIII Ill11 IIIII ll!!! IIIII lllll IIIII IIIII lilll Ills IIII Pg.- 9 of 2 Fcxs: sma.00 Paula Ko.6inxun. Rath a County KE by ti" 01/88/EOIO -:'s M Section 8.2 DRC Organization and Enaforcextew: The DRC will be organized by the P.O.A., which is responsible for appointing DRC members and setting their terms of service. The DRC shall consist of three members appointed by the P.O.A, Section 8.3 Paarpose of the DRC: The DRC is established and ,given the authority to coordinate, interpret, apply and assure fair and equitable implementation of the Covenants and Design Guidelines. The objective of the DRC is to encourage a level of quality that will enhance both the natural and built environments of 5ilverbrook Estates, Section 8.4 Dati+rs of the DRC; ne DRC is responsible for administering the Covenants and Design Guidelines and performing the tollowing duties: 8.4.1 Adopt Rules: To adopt such reasonable rules and procedures as it deems necessary to carry out its fuactions. 8.4.2 Require Plans: To require any of the following it deems necessary for its review of a project: a) Site plans b) Landscape plans c) Building plans, elevations, and associated drawings d) Material and color samples e) Other informations deemed appropriate to individual proposals 8.4.3 Require Review of All Improvements: To require that all proposed Improvements be reviewed under the design review process (see Article IX, below) and that all plans are reviewed and approvals granted before the commencement of any construction. 8.4.4 Enforce Rules. The DRC is given broad powers to apply and enforce all rules relating to Improvements, and to: a) Determine the adequacy of plans submitted to it; b) Enforce height requirements contained in the Covenants and Resign Guidelines and to impose such requirements where they are not specified; c) Reject materials, design, and colors submitted with plans and the plans themselves, if they are not compatible with or are inappropriate to the overall vision of Silverbrook Estates or do not con lorm to the Design Guidelines; d) Hear all testimony related to variances and grant variances to the Covenants and Design Guidelines as it deems appropriate; e) Interpret the Covenants and Design Guidelines as it deems appropriate and make rulings thereon; f) Require that all improvements be constructed in substantial compliance with approved plans and specifications; g} Enforce the Covenants and Design Guidelines in a court of law; 11) Revoke or suspend approvals and order the suspension or cessation of any construction in violation of the Covenants or Design Guidelines or any approval issued by the DRC; and i) Require that a fee of $200 for residential projects or $1,000 for commercial projects be paid to the P.t}.A_ for the review of building plans and specifications. Section 8.5 Liability. Neither the DRC, the Association or the Declarant, or any member thereof, shall be liable to any Owner or any other person or entity for any damage, loss or prejudice suffered or claimed on account of the following, so long as the DRC or member has acted in good faith: a) The approval or rejection of any plans, drawings or specifications, whether or not defective; b) The construction or performance of any work, whether or not pursuant to approved plans, drawings or specifications; c) The development or manner of development of any property within 5ilverbreok Estates; and d) Any other act carried out in the DRC's or member's official capacity. Flrsr rt r�rsatrhnenr fa Arad CortR phone Resfalesteraf vj2ieeaaraafan QjCoue+�anas - Sriverlaroolr Estates I Page - 9 - IIIIIIII III IIIII pill EIIII IIIII IIIII IIIII f IIII flllf IIIII IIIII IIIEI IIII! IIIII IIII IIII Pagr°° Q of 24 Foes; 3Ire.60 Poula AVb lns�.., 1'Nuthr:�et Cunn6y Pit by t 4eu .t fe.11olo HN5 IIM ARTICLE Ix DESIGN REVIEW PRO+CE,SS Section 9.1 Applicability of Design Review Process: The design review process must be followed for any of the following: a) Construction of any building; b) Renovation, expansion, or refinishing of the exterior of any building; c) For commercial buildings, interior changes which affect the major function of a building; d) Site alterations, including roads, parking and driveways; e) Major landscaping including fences and walls; f) Exterior lighting changes; and g) Utility installation or modification. In addition to meeting the requirements of this Declaration, an Owner must comply with the requirements of all governing agencies including the City of Kalispell and the State of Montana in order to obtain required building permits, certificates of occupancy, temporary certificates of occupancy or similar authorizations. Section 9,2 Plant Requirements: All architectural and building plans submitted to the DRC shall be of architectural quality prepared by a licensed architect or architectural designer. All site, landscape and irrigation plans shall be prepared by a certired irrigation designer, landscape architect or landscape designer. The DRC shall reject materials, designs and colors submitted with the plans, and the plans themselves, if they do not Comply with the Covenants and Design Guidelines, or are not compatible with the overall plan for Siiverbrook Estates, Section 9.3 Han Review and Approvah The Silverbrook design review process consists of two steps; Initial Plan Review and Final Plan Review anti Approval, It is recommended that Owners follow this two-step process for any major building project. Owners may, however, submit materials for Final Plan Approval without an Initial Plan Review. Owners may appeal unfavorable DRC decisions to the Silverbrook Estates Property Owners Association. 9.3.:1 Initial Plan Review, The purpose of die Initial Plan Review is to consider the conceptual design of the proposed project. The review will consider existing site conditions and planned improvements, building floor plans and elevations, roof design, architectural character or expression, exterior materials, grading, drainage and erosion control measures. Owners and their representatives should consult the Initial Plan Review Checklists and Evaluation Criteria for submission requirements. The Initial Plan Review consists of the following steps: 1. The Owner/architect prepares and submits to the DRC two copies of the Initial. Plan which must include all information required by the Initial Plan Review Checklist. 2. The DRC reviews the Initial flan at a scheduled meeting acid notifies the Owner in writing of its findings witWn ten (10) business days. 3. If necessary, the Owner may resubmit an Initial Plan or appeal to the P.O.A. within thirty (30) business days. 9.3.2 Final Plait Review and Approval. The Final Plan Review and Approval addresses the final design details of the project. The review will consider planned improvements, building elevations, building sections, Hoof design, architectural character or expression, exterior materials, site conditions, grading, drainage and erosion control measures. The Final Plan Review Checklist and Evaluation Criteria set forth the submission requirements. The Final Plan Review and Approval consists of the following steps: Upon approval of the Initial Plan the Owner/architect shall prepare and submit two copies of the Final Plan which shall include all information required by the Final Plan Review Checklist. Firsr /ta+ieridar€eltr ro ei+d Carnplerc Resu�rctuenr ajDeclarur[an afCoverral�rs — Sfh+erbrarrk Esrarea / Page - 10 - I IIIIIIIIIII IIIII IIIII Illll IIIII Ilill lull IIIIV IIlli Illll Illll IIIII Illll IIIII IIII IIII P 70000of 2a4 Paula Rahi--, Flathead C— MTh tin. F ,s= IIII " Ty' Y [tl Ii8I2010 1 $ r AN 2. The DRC notifies the Owner in writing of the Final Plan Approval decision within ten (10) business bays. 3. Upon issuance of written approval, the Owner may apply for a building permit and design approval from the governing authorities. 4. If necessary; the. Owner may resubmit a revised Final Plan or appeal to the P.O.A. within thirty (30) business clays. Chapter XI of the Design Guidelines contains the Checklist Forms, listing the required steeps and submittals needed for both the Initial Plan review and the Final Plan Review. To make sure that the Owner, the Owner's architect, builder or other representative files a complete submittal package with the DRC at each stage of tilt review, it is recommended that these farms be used in compiling the necessary materials prior to scheduling a review by the DRC. ARTICLE X CONSTRUCTION PROCEDURES Section 10.1 .Approvals Regnired Prior to Cotnttreneolnent of Construcdon. No construction may be commenced until Final Plan Approval has been received from the DRC and all required building permits have been issued by the appropriate regulatory authorities. Building construction must strictly conform to the approved Final Plan. Section 10.2 Plant Modlftrations: All modifications to previously approved site, landscape or building plans must be submitted to and approved by the DRC. Section 10.3 Construction Coeles. All structures shall be constructed in compliance witt applicable state, local and federal codes for construction, including codes for seismic Zone 3 and National Fire Protection Cedes. Section 10.4 Construction Regulations: 10.4.1 Noise Abatement and Hours of Work: Heavy equipment operation and other loud noise from construction is prohibited between 7:30 p.m. and 5:30 a.m. No blasting is permitted at any time. 10.4.2 Constraeflou Staging and Material Storage: All construction staging, including but not limited to, material storage, equipment storage, construction trailer placement, etc., must take place within the Lot for which the building permit was issued unless an alternate staging area is approved in writing by the DRC. All parking in connection with the construction shall he on dedicated public streets or the lot on which construction is taking; place. 10.4.3 Trash Contaitnnent and Removal: Trask and construction debris shall be cleaned up an a daily basis in containers which shall he emptied on a regular basis to insure sufficient roorn to stare trash at the end of each working day. Owners must ensure that dacir contractors remove and dispose of, at an authorized county landfill, any excess brash and construction debris. Burning of construction debris within Silverbrook Estates is prohibited. 10.4.4 Tree and Property Protection: Construction practices must include care during grading and excavation to avoid damage to existing trees and shrubs and their root structures. All construction equipment and activity including vehicular movcmcnt, unloading or daily parking, as well as stockpiling of materials and topsoil must be kept within the perimeter of the Lot unless specific written authorization to do otherwise is obtained from the DRC. Any adjacent property including roads or Common Areas damaged during construction shall be restored and re - vegetated within thirty (34) days of the occurrence to the satisfaction of the DR{C. if such restoration is not wmpleted promptly, the DRC may contract for such restoration with all costs to be charged to the Lot Owner or person in whose name the Final Plan approval was issued. 10.4,5 Temporary Structures: A small job office or trailer may be located on the site during the construction period. The job office must be removed from the site within fifteen (15) days of completion of construction. Mrst Anlendment to and Cornplete Restaleiuerst of Declaration of Cbveuanly -- Silverbrook Estates ! Puge - 1 t . 1 llllllll III 111i111111IF IIII IIIIi IIIII 11lf i iHI IIIIll lllli Ilfll l�If iIIII IfII III 00of _4° Fees: IS QD Paul. H.bi ... nm1hebd C_ty Hi by liar 011zatzoLe 11:55 M 10.4.6 Construction Sequence. No accessory structures, buildings, garages or sheds may be constructed or maintained on any Lot prior to the construction of the main structure of the residence. Provided, however, that the provisions of this sub -paragraph shall not preclude temporary construction shelters (addressed in Section 10.4.5, above). 10.4.7 Erosion Control. All disturbed areas shall be protected from erosion during and after the construction period. Erosion control shall be implemented during construction to insure sail stabilization and sediment control, and to foster timely re -vegetation. No Owner may change the drainage pattern on any Lot without the specific approval of the DRC. Section 10.5 Building 11ispections: The DRC will not inspect projects for building code conformance. Compliance with building codes and regulations is the responsibility of each Owner. The DXC will, however, from time to time inspect construction sites for compliance with approved plans, the Covenants and Design Guidelines. It is the responsibility of the Owner or the Owner's representative to contact the appropriate state, local and other authorities regarding electrical, plumbing and other required inspections for building code conformance. Section 10.6 Constrrrcfion Conimencenseut and Completion., The construction of the primary residential stnacturt must be substantially completed within eighteen (19) months of the commencement of construction. Section 10.7 Coresmtectlon Time Evensions and Penalties: The POA may, in its discretion and subject to appeal to and review by the Board, extend the construction time limits set forth in this Article X, or impose appropriate penalties for failure to comply with such time limits. Such penalties may include fines which will be treated in the same manner as assessments, which if not timely paid will become a lien against the Owner's Lot. ARTICLE XI PROPERTY USE AND RESTRICTIVE COVENANTS Section 11.1 Hunting: No hunting of, shooting at or harassing of buds, animals or other wildlife is permitted. Skunks, gophers and rodents may be trapped, however, poison may not be used. Section 11.2 Pets: No livestock, poultry or other animals, except domestic dogs and cats, or small house pets and birds, are permitted. Excessive numbers of pets of any type are not allowed. Numbers become excessive when the pets become uncontrollable from within the interior confuses of the strocture on the property, thus becoming a nuisance to neighboring properties. All dogs, cats and other pets shall be strictly controlled by their owners so as not to annoy or interfere with the use of the properties by the other Qwnrrs and to prevent any interference or harassment of wild birds or animals in the subdivision or on surrounding or adjacent properties. Dogs and cats shall be kept on the owner's property and shall not be allowed to roam free. Dogs must be kept on a leash when not on the owner's Lot and pet owners shall immediately pick up all put feces from other Lots or Common Areas. Section 11.3. Artificial Feedhig: The artificial feeding of any big game animal is prohibited. Section 11A. Animal Proof Containers: All garbage must be stored in animal -proof containers. Foodstuffs, including garden, pet and other sources may not be stored out of doors unless kept secure in animal -proof containers. Section 11A. Acceptatrce of Wildlife Damage. Lot Owners acknowledge that wildlife damage to landscaping will occur. Lot Owners accept that risk and shall not file claims against adjacent Lot Owners, the Association, or any other ,governing body for such damage unless it is establisher) that a violation of these Covenants led to such damage. Section 11.6 Open Space and Trail Maintenance: The Association shall be responsible for the maintenance of all trails within Silverbrook Estates. The Association shall also be responsible for weed control, mowing, irrigation, care and maintenance of all Common Areas and Opcn Spaces as well as any other common amenities within Silverbrook Estates. The Association will use the assessment process to collect funds to pay for such care and maintenance. First d inendneew io and Complete Restatemelet ❑f DEClaradall of Caveiranis - Sihmrhrook F-vales J Puge - 2 - IfllIIIII1111111111111 IIN IIIIIIIII IIIII IIIII IIIII IIIII1QIIIN I1IIIII1I IIIIAI Pie°° 1 o2 114 Fors; 516$_pp Paula Aabinaa. iEOthe" u—ty IR by tiv. 0112$1ZQ10 11:SS AN Section 11.7 Noxious Weeds: In order to comply with the requirements of the Flathead County Weed Control District and the Montana Noxious Weed Conlml.rlct, the following rules apply: 11.7.1 Resiaonsihility for Control. The P.O.A_ is responsible for noxious weed control in all Open Spaces and Common Areas within the subdivision. Each Owner is responsible for the Owner's Lot. The P.O.A. will also act as the contact point for any noxious weed complaints within the subdivision. The control of noxious weeds by the P.O.A. on those areas for which the P.O.A. is responsible and the control of noxious weeds by individual Owners on their respective Lots shall be as provided in the Montana Noxious Weed Control Acl (Section 7-22-2101, el seq., MCA) and the rules and regulations of the FIathead County Weed Control District. 11.7.2 Faifure to Control; Authority of P.O.A.: Both improved and unimproved Lots shall he managed for noxious weeds. In the event an Owner does not adequately control the noxious weeds, after ten (10) days notice from the P.O.A., the P.O.A. may cause the noxious weeds to be controlled. The cost and expense associated with such weed management shall be assessed to the Lot and such assessment will become a lien if not paid within thirty (30) days of the mailing of such assessment. Section 11.8 Water Testing: Silverbrook Estates will be connected to City of Kalispell water and sewer. Any and all testing shall be performed by the appropriate authorities appointed by the City of Kalispell. Section l l.9 Road Mairrteuarrcar All roads widlin the Silverbrook Estates Subdivision are to be owned and maintained by the City of Kalispell. However, within the road rights -of -way owned by the City of Kalispell there may be medians, landscaping and other amenities which will be awned or controlled and maintained by the P.O.A. These cornmon amenities are considered part of the Silverbrook Estates Common Area. Section 11.10 Driveway Location and Installation: Each driveway access point must be at least fifty (50) feet from the nearest road intersection. Driveways and driveway location must be pre - approved by the DRC. A four inch (4" ) sleeve for irrigation shall be installed under each driveway prior to construction of any driveway or driveway apron. All costs of the installation of the driveway, driveway apron and irrigation sleeve are the responsibility of lltee Lot Owner. Section 11.11 Fencing. Fences projecting beyond the primary fagadc of residences are prohibited. All fences mast ve Constructed with the finished fhs ade to the exterior of the Lot upon which the fence is being erected. The Declarant will install fencing along all residential rear lot lines along Silverbrook Drive and Church Drive. Section 11.12 Exterior Lighting: All exterior lighting shall be rellected downward with full cutoff illuminairies, No light spill outside of the property being illuminated is permitted. Exterior lighting may contribute only minimally to light pollution. Section 11.13 Storage of E•quiprnent: No Lot or adjacent street or road may be used for the storage of any inoperable vehicle, machinery or equipment, No Lot may be used for storage of any articles, vehicles, equipment or other personal property of any quantity in excess of the immediate needs and personal use of the Owner of the Lot or the occupants and ,guests thereof as the arse maybe, and shall not interfere with the use or enjoyment of neighboring Lots. Section 11.14 Commercial Equipment. No Lot or adjacent street or road may be used for the outside parking or storage of any commercial trucks (does not include 1-ton or smaller pickup trucks), large commercial vehicles or other heavy equipment, except as may be reasonably necessary during periods of conMetion. Nothing herein shall prohibit the storage of such vehicles within the cones of a garage approved by the DRC. Section 11.15 Recreational Equipment., All campers, trailers, motor homes, boats and all other recreational equipment shall only be parked on the owner's Lat. In no event shall such equipment be parked on roads, nor shall any equipment be parked such that it is visible from the streets or adjacent Lots Fl+•st Auierrdnrerar to and Cornplele liestalenweni of Dodal'rrlioa of Covenvrrts - Silverbrock Esrales J Page - J3 - 11111IIII III IIICI IIIII IIIIC IIIII IIIII II�II IIIIl I1111111111111111II IIIII IIIII IIlI11c Pie:14 .f ; JJ Fees: s168.0o r.el. Ru6lnaon. Flathead [aenty W 6y ti.. NP-9/z010 u:ss AN for a period exceeding seven (7) days in any thirty (30) day period. Storage or location of such equipment and vehicles for periods longer than those permitted by this section is allowed only in an enclosed garage or other screened area with such garage or screen having been approved by the DRC. Section 11.16 Offensive AcliY4. No noxious odors or offensive activity shall take place upon any portion of the Property, nor shall anything be done thereon which may be, or may become, an annoyance to the neighborhood. .Firearms may not be discharged anywhere on the Property. Any violation of applicable city, county or state laws or ordinances or other applicable governmental regulations constitutes a violation of these Covenants and may be enforced by the Association or individual Lot Owners. Section 11.17 Ditches, Ponds and Water Courses: Each Owner of property within Silverbrook Estates acknowledges the presence of water features located in the Open Spaces and. Common Areas of the development. Each Owner of property within Silverbrook Estates, as individuals and as members of the Association, acknowledges that water could pose a danger to humans, animals and property. By this acknowledgement, each Owner of property within Silverbrook Estates, as individuals and as members of the Association, assumes the normal and ordinary consequences of their actions when in, next to, or in the vicinity of water features within Silverbrook Estates. ARTICLE RII OWNERS RESPONSIBILITIES FOR MAINTENANCE Seetian 12.1 Opmers Responsibility for Lor. Except as provided in this Declaration or by written agreement with the Association, all maintenance of a Lot and the Improvements located on it will be the sole responsibility of the Owner of the. Lat, For purposes of allocating responsibility for landscape maintenance between the Lot Owners and the Association, the Lots will be defined as the area from the back of the curb to the rear lot lure. Each Owner will maintain its Lot in accordance with the community - wide standard of Silverbrook Estates. The Association wit), in the discretion of the Board, assume the maintenance responsibilities of such Owner if, in the opinion of the Hoard, the level and quality of maintenance being provided by such Owner does not satisfy such standard. Before assuming the maintenance responsibilities, the Board will notify the Owner in writing of its intention to do so, and if the Owner has not commenced and diligently pursued remedial action within thirty (30) days after the mailing of such written notice, then the Association may proceed. The expenses of the maintenance by the Association will be reimbursed to the Association by the Owner within thirty (30) days After the Association notifies the Owner of the amount due, and any sum not reimbursed within that thirty (30) day period will bear interest from the date of the expenditure until payment in full. Such charges will be a lien against the Lot. Section 12.2 Owner's Negligence: If the sliced for maintenance, repair or replacement of any portion of the Common Areas (including Improvements located on them) arises because of the negligent or willful act or omission of an Owner or his family member, guest, invitee or tenant, then the expenses incurred by the Association for the maintenance, repair or replacement will be a personal obligation of that Owner. if the Owner fails to repay the expenses incurred by the Association within 34 days after the notice to the Owner of the amount owed, then those expenses will bear interest from the date incurred by the Association until payment by the responsible Owner in Cull, and all such expenses and interest will become a lien against the Owner's Lot. ARTICLE XM 1C14MRGENCY SERVICES Section 13.1 Fire and Aretbstlana Silverbrook Estates will he under the jurisdiction of the Kalispell fire Department. Ambulance service will be provided by the Kalispell Fire Department. ARTICLE XIY OPEN SPACES Section 14.1 Purpose and Public Access: The Open Space within the development shall be accessible for public use. F1m(&nc!a&nent to and Complete Resratea,ent afDeclaralion of Cavenaws — Stiverbmak Estates / Page -14 - IIIIIIII�III ll�ll I�III Illll �flld IIIII lull I�lll IIIII llnIIIIIIIIliI �IIIII6III �llII�II s aaaa¢ x�a Fe sc sice.aa Pawn RvA —n. rIALhentl [aa+nty MT by tins 01/wg/20 10 LL:SS M Section 1.4.2 Mandatory ,Requirenicals.- The Open Space as designated ou the final plat shall be preserved in perpetuity. The Board, among its other duties, shall establish and Ievy assessments to pay for the taxes, insurance, maintenance and other expenses associated with the Open Space and Common Areas under the control and authority of the Association. The Association shall he responsible for liability insurance, local taxes and maintenance of recreation and other facilities in designated Open Spaces and Common Areas. "Ile Board may, in its discretion, adjust The assessments to meet the changing needs of the Silverbrook Estates community and the areas serving the community. Section 14.3 Permissible uses: No unauthorized motorized travel or horseback travel will he allowed within any of the Open Spaces or Common Areas. Signage in the Open Spaces and Common Areas is also hereby prohibited, Section 14.4 Nuisances. No Owner, guest or invitee may use or occupy the Open Space, trails, roads, Common Areas or any Lot in such a manner as to disturb or interfere with the peaceful use, occupancy or enjoyment of any other Owner or guest of Silverbrook Estates. Violations shall be enforced as provided for in Article XVI of these Covenants. Section 14.5 Conhwl and Management. The Association shall have the exclusive right and obligation to manage, control, improve and maintain the Open Space and Common Areas within Si lverbroolc Estates. ARTICLE XV UTiLITIIES IiNSTALLATION AND MAINTENANCE Section 15.1 Ulfi tles Easements: Easements for utilities such as electricity, gas, sewer, water, television, telephone and cable communications and other utility equipment shall be as designated on the Silverhrook Estates Subdivision Plat. All utility installations shall be underground. All Owners shall have the right to enter upon and excavate in such easements upon securing the approval of the DRC. Easements for ingress and egress and for utilities shall not be moved, deleted or restricted without the written approval of all affected Lot Owners and the Association. Utility companies and Owners must promptly restore disturbed areas to a condition as close as possible to the natural condition, of the land before worts commenced. Section 15.2 Utllltles Installation and Maintenance: Declarant or its designated representative shall install and P.G.A. shall maintain utility services to the Lots or to points in close proximity to the Lots. Owners shall bear all responsibility and costs for extending utilities from such points. All utilities shall be installed and maintained underground. Piping and wiring shall be concealed. Each Owner shall be responsible for utility installation and maintenance in accordance with applicable state and local regulations and the requirements of the DRC. Section 15.3 rater and Sewer. All improvements or structures designed for occupancy or use by humans shall be connected to dornestic water and sewer service provided by the City of Kalispell. All Lot Owners shall hook up to the city water and sewer systems when a structure is constructed on a Lot. ARTICLE XV I ENFORCEMENT, TERM AND AMENDMENT Section 16.1 Right to Enforce: The Owner of each Lot shall be primarily liable, and the occupant, if any, secondarily liable for the violation or breach of any covenant, condition or restriction contained in this Declaration or in the Design Guidelines. Violation or breach of any such covenant, condition, restriction or requirement shall give to Declarant, or the Association, following thirty (34) days written notice to the Owner or occupant in question the right, privilege and license to enter upon the Lot where said violation or breach exists and to abate or remove, at the expense of the Owner or occupant, any improvement, structure, thing or condition present on such Lot which is in violation of or contrary to the intent and meaning of these Covenants. The Declarant and the Association may also bring an action at law or in equity against the person or persons who have violated or are attempting to violate any of these Covenants, to enjoin or prevent a violation or to require that a violation which has already reamed Fir sr ftrxenduren[ tee mid Conrplcte ResturertrCut afl3eclnrnNn/r o/'Cavarrarrts -- 5rrvcr$rc®R �Estafcs 1 Aage -1S - I lillllll Il IIIII IIIII Illll IIIII IIIII IIIII IIYI IIIII I II IIIII IIIY IIIII Illll IIY IIII P.q.: 16 f 24+ Fees: SI".00 Paul- kn6isy,,, flathead C—ty NTNy tim 03,121"010 11ii5 AM be remediated. No such entry by Deciarant, the Association or their agents shall be deemed a trespass, and neither Declarant nor the Association or their agents shall be subject to liability to the Owner or occupant of said Lot for such entry or any action taken to remediate a violation. The cost of any abatement, removal or other remediation shall be a binding personal obligation on any Owner or occupant in violation of any provision of this Declaration, as well as a lien (enforceable in the same manner as a lien for delinquent assessments) upon the Lot in question. The lien provided for in this section shall not be valid as against a bona fide purchaser or mortgagee for value of the Lot in question unless a suit to enforce said lien shall have been filed in a court of record in Flathead County, Montana, prior to the recordation of the deed or mortgage conveying or encumbering the Lot to such purchaser or mortgagee. Section 16.2 Right of Enhy: During, reasonable hours and upon reasonable advance notice (not less than twenty-four (24) hours), and subject to reasonable security requirements, Declarant, the Association or their agents, shall have the right to cntcr upon and inspect any Lot and the improvements thereon for the purpose of ascertaining whether or not the provisions of this Declaration have been or are being complied with, and neither Declarant nor the Association or their agents shall be deemed to have committed a trespass or wrongful act by reason of such entry or inspection. Section 16.3 Enforcement. Enforcement of these Covenants may be by proceedings either at law or in equity against any person or persons violating, or attempting to violate, any provision of this Declaration. The legal proceedings may be to restrain the violation, to ramediate a violation which has already occurred, to recover damages, or any combination thereof. Should any lawsuit or other legal proceeding be instituted by the Association or an Owner against an Owner alleged to have violated one or more of the provisions of these Covenants, and should the Association or Owner enforcing the provisions of the Covenants be wholly or partially successful in such proceedings, the offending Owner shall be obligated to pay the costs of such proceeding, including reasonable attorney's fees for all time associated with the action Seetfon 16.4 Failure to Enforce Not a Waiver: The failure of the Declarant, the Association or an Owner, to enforce any covenant or restriction contained herein shall not be deemed a waiver nor shall it in any way prejudice the right to later enforce that covenant or any other covenant thereafter, or to collect damages for any subsequent violation. The waiver, or granting of a variance of a covenant by the Board or non -action of the Association or Declarant in the event of a violation of a oovenant by an Owner, shall not be deemed to waive or nullify the covenant or impair enforcement thereof as it pertains to other Owners or Lots. Section 16.5 Covenants Rust With Title: In any conveyance of a Lot or other portion of the Property, it shall be sufficient to insert a provision in any deed or instrument of conveyance to the effect that the property is subject to protective or restrictive covenants without setting forth such restrictions and covenants verbatim or in substance in said deed and without referring to the recording data. All of the Lots and other portions of the Property shall be subject to the restrictions of this Declaration whether or not there is a specific reference to it in a deed or instrument of conveyance. Section 16.6 Protection of Mortgagees: A breach of any restrictions or covenants contained in this Declaration shall not defeat or render invalid the lion of any mortgage or deed of trust trade in good faith and for value upon any Lot or portion of the Property or any improvements thereon. however, this Declaration shall be binding upon and shall inure to the benefit of any subsequent owner whose title thereto was acquired by foreclosure, trustee sale or otherwise. Section 16.7 Terin of Declaration: This Declaration and any amendments to it will remain in effect until the 50th anniversary of the date this Declaration is fast recorded in the office of the Clerk and Recorder of Flathead County, Montana, Thereafter this Declaration will be automatically extended for five successive periods often (10) years each, unless otherwise terminated or modified as provided below. Section 16.8 Amendment. Subject to the limitations of Section 16.9, this Declaration, or any provision of it, may be terminated, extended, amended or revoked as to the whole or any portion of the Property as follows: 16,8,1 Prior to Sale of Lots: Prior to the sale of any Lot (excluding any sale to a person or entity affiliated with Declarant), Declarant may terminate, extend, amend or revoke this First.4rarerrdrfrenttae2lydCoarpletraResrat�rr�entnjDeclaralfarrnfCoverrarrrs—Stfyer6raokGsfnrfs Page-16- l �llllll �� llll lull l�l�l lull lN 11111111111111111111111111111111111111111111111 v.Qc4 1� 7�oT 24 Paula r r. 6sn.n, 11.ttiewl County NT 6y cio tics: $t".au n11291-1. 11:9% AN Declaration as to the whole or any portion of the Property by reenrding in the records of Flathead County, Montana, a document signed by the Declarant stating the action taken. 16.8.2 After Sale of Lots But During Perron of Declarant Control. After the sale of a Lot (excluding any sale to a person or entity affiliated with. Declarant) but before expiration of the Period of Declarant Control, Declarant may terminate, extend, amend or revoke this Declaration as to the whole or any portion of the Property. A copy of the document stating the action intended to be taken by the Declarant and a notice of the Owner rights under this Section shall be mailed to each Owner by first class mail, postage prepaid, to the address of the Owner in the records of the Association. Unless written objection is received by Declarant from the Owners holding seventy- five percent (75%) or more of the votes within thirty (30) days of the mailing of the notice to the Owners, the action proposed to be taken by the Declarant shall be considered approved and shall become final. The Declarant shall then record in the records of Flathead County, Montana, a document stating the action taker,, together with a certificate certifying that notice was given to the Owners as required herein and that fewer than seventy-five percent (75%) of the Owners objected to the action. 16.8.3 After the Period of Declarant Control: After the Period of Declarant Control, this Declaration, or any provision or it, may be terminated, extended, amended or revoked as to the whole or any portion of the Property upon the written consent of Owners holding seventy-five percent (75°/u) or more of the votes in the Association. The amendment will be irrunediately effective upon recording in the records of Flathead County, Montana, the document setting forth the amendment executed and acknowledged by the necessary number of Owners, or alternatively, upon the recording in the records of Flathead County, Montana, of a copy of the document together with a certificate signed by an officer of the Association stating that the required number of consents of Owners were obtained. Section 16.9 Declarant Approval. No termination, extension or amcndmmt of this Declaration will be effective in any event during the Period of Declarant Control unless the written approval of Declarant is first obtained. ARTICLE XVU ZONING REGULATIONS AND CODES Section 17.1 General Information: Silverbrook Estates is located within the jurisdictional area of the City of Kalispell. All improvements in Silverbrook Estates shall comply with the ordinances of the City of Kalispell as well as this Declaration and the Design Guidelines for the development. In addition to the Design Guidelines, building design and construction will be regulated by city, county, state and federal regulatory agencies having jurisdiction. The Owners and their agents shall be responsible to ensure they are in compliance with all such regulations. Approval of a project by the DRC does not necessarily mean that the project is in compliance with staeh codes and regulations. Owners must ensure independently that their project is in compliance with all applicable local, state and federal codes and regulations. Any impact fees or other charges or assessments imposed an an Owner's project or in connection with the improvement of an Owner's Lot by the City of Kalispell or other regulatory authority are the responsibility of the Lot Owner. Lot Owners and residents of the subdivision are hereby notified that there are agricultural activities on adjoining and nearby properties, Lot Owners recognize and accept that standard agricultural and farming practices can result in dust, smoke, animal adars, flies and machinery noise. Standard agricultural practices include the use of heavy equipment, chemical sprays, periodic burning and the use of machinery early in the morning and sometimes late into the evening. No construction or alteration of any Improvements, including any site work, whether temporary or permanent, including but not necessarily Iimited to buildings, fences, walls, earthwork, paving, vegetation, signs or secondary structures such as utility or trash enclosures may be commenced on any Lot prior to receiving the written approval of the DRC. First Atttetrdrueut in uttd Cartrplete Rerr�ramenr afDeelarotrotr ojCauerruius — S!lNe� i�rookEsrntes I Page - 17 - 1 f11111i1 fll Illl Ilill Ilb IIIII bllll IIIII 1111111111111111111IIIIIIIIIIIIIII lil Illf P tea► zc,° Fws: S5 PMIiN Reb9nson, Fln[heud County ICf Ify lion 01/28/2010 LL1:55 AR Section 17.2 Gerier•a1 Developrrre►it Parariteters. 17.2,1 Density. Not more than one single family residence may be built on each single family residential Lot. The foregoing does not prevent one single family residence from being constructod an two or more residential lots. 17.2.2 Allnipable Uses — Residential. The residential Lots shall be used exclusively for residential purposes, and no more than one family (including its servants and transient guests) shall occupy such residence, provided however, that nothing in this subparagraph shall be deemed to prevent: a) The construction of detached garages which shall be in accordance with the Covenants and Design Guidelines, b) An artist, artisan or craftsperson from pw•suing his or her artistic calling upon the Lot or dwelling unit owned by such artisan, if such artist, artisan, or craftsperson uses such Lot or dwelling unit for residential purposes, is self-employed and has no employees working an such Loot or in such dwelling unit, and does not advertise any product or work or art for sale to the public upon such Lot or in such dwelling unit. c) The leasing of any Lot by the Owner thereof, subject, however, to all of the restrietions as may be adapted from time to time by the Association. Among the uses which are prohibited are safe houses, group day care facilities, and day care centers. (See Kalispell Zoning Ordinance 27.37,010 for definitions.) 17.2.3 Allowable Uses — Commercial,, The purpose of the commereial district is to provide goods and services primarily to the residents of 5ilverbrook Estates and their guests- It is also intended to be a buffer zone between the residential zone and the intersection of U.S. Highway 93 and Church Drive_ The base zoning for the commercial district shall conform to Kalispell's B-1 zoning. Prohibited uses include but are not limited to light rmanufuoturing, automobile service centers, adult novelty/bookstores and pawn shops. 17.2.4 Buifilhirg Envelopes: Each Lot in Silverhrook Estates shall have a building envelope surveyed and located on site. Ilic building envelopes are established by the setbacks which are set forth in Section 17.2.5, below. All dwellings, exterior parking spaces, garages, sheds, carports, porches and decks shall be contained within the building envelope. The DRC may approve the location of swimming pools outside the building envelope, so long as adequate and acceptable screening and fencing approved by the DRC is provided. 17.2.5 Setbacks and flit ding Envelopes. The following setback distances must be observed throughout Silverbrook Estates (setbacks shall be measured ,from the properly line to the fiAest projecting part of the structure): a) R-1 Residential Lots must comply with applicable Kalispell Zoning Ordinance: b) Single Family Residential Lots: ■ l0' side yard ■ 25' from yard ■ 20' rear yard 25' side corner yard ■ 30' rear yard where adjacent to Open Spaces along the Stillwater rover and its tributaries c) Commercial Lots: ■ 5' front yard ■ 10' side yard ■ 5' rear yard d) Tennis courts, swimming pools and other areas of active use and noise shall be buffered from adjacent properties. Fr�af rinrexrdrileait to Bard Coiripfdtd Re.�laterileur ❑fDectrrratiaa of Coi�eirands—SilverbrvvkL�'stotes /Page - !8- 11111111111111111111111111111111 HIT Illll llllf 1111911111IIII IIIII 11111111111111111 P 0 9o�f 26ry Oau1a RAhinsan, F7aCMwd Cnun[y HT by t1Mw OIY28/2014 11755 AN e) Additional setbacks from tree masses, native vegetation transition zones, topography, drainage, view corridors, roads, paths and utility easements may be required by the DRC. f) A minimum setback of 100 feet is required for all buildings adjacent to declared wetlands and 50 ;feet to other declared waterways, g) Any building envelope overlapping with front, rear or side yard setbacks shall be restricted by the required setbacks. 17.2.6 Maximum Lot Coverage: The maximum allowable coverage of any Lot subject to the R-2 residential zone under the City of Kalispell zoning ordinance by any built surface (driveway, garage, primary residence, auxiliary structure, decking, etc.) skull be no greater than thirty-five percent (35%) of the Lot. 17.2.7 Maviruu►n BuildirrgFuotprilits andlMfinimurn Floor Areas: The minimum ground level floor area of any single family residence located east of Silverbrook Drive shall not be less than 1200 square, feet ref living space. The minimum ground level floor area of any single family residence located west of Silverbrook Drive shall aot be less than 1600 square feet of living space. 'These square footages are exclusive of exterior parking spaces and dccics. Each principal residential structure shall have at a minimum, an attached or detached two - car garage. R.-4 residential residences shall comply with all applicable Kalispell Zoning Ordinances. Commercial properties have no maximum footprint or lot coverage requirements except as limited by the confines of the applicable setbacks. All building size requirements are subject to the maximum lot coverage restrictions set forth in Section 17.2.5, above and the applicable City of Kalispell zoning ordinance, which take precedence over building size requirements and altowances, 17.2.8 Building Height: Maximum allowable building height is set at thirty-five. (35) feet from the lowest adjacent grade level to the highest point an the roof or parapet wall for commercial structures and thirty-five (35) feet from the lowest adjacent grade level to the highest point of the roof or parapet wall for residential structures. 17.2.9 Applicable Codes. The following codes, standards and regulations are applicable to Silverbrook Estates and compliance with them is required: a) Silverbrook Estates Design Guidelines b) Declaration of Covenants, Conditions, Restrictions and Reservations, as same may be amended c) City of Kalispell Zoning Ordinance d) Uniform Building Code (UBC) e) National Electric Code f) Uniform Mechanical Code g) Uniform Fire Code h) National Fire Protection Association Code i) State Fire Code Standards j) Montana Energy Code k) All other applicable local, state, and federal regulations ARTICLE XViI[ EXPANSION AND WITHDRAWAL Section 18.1 Reservation of Right to Expand: Declarant reserves the right, but will not be obligated, to expand the effect of this Declaration to include all or part of the Expansion Property. The consent of the existing Lot Owners and Mortgagees will not be required for any such expansion, and Declarant may Proceed with such expansion without limitation at its sole option. Declarant will have the unilateral right to transfer to any other person this right to expand by an instrument duly recorded. Fl�;r! rlr�ae+rdrsren! to arrrJ L'ourplete Reslalemen! of �ecturailnn u�('nyexauls — Sell�erf2rau% Esluctes / Pie - I9 - ! III�III II Illl IIIII ll�l IIIII lull iilll it l Illll lllli IIIII IIIII IIIII full rill IIII P.0"; zo°ar =44 — u6 sa.00 r-1a t-0shimw,. tl t—A "..IV rR by tinge oslxalxara 1"'s M Declarant will pay all taxes and other governmental assessments relating to the Expansion Property as long as Declarant is the owner of euch property, Section 18.2 Caatpletiarr of Expansion: When. Declarant has determined that no further property shall be added to the Project, Declarant shall notify the Association in writing. Until such notice is given, Declarant retains the right to designate additional property as Expansion Property. Section 18.3 Declaration of Annexation: Any expansion of the Project may be accomplished by recording a notice of such annexation and one or more supplemental plats in the records of the Clerk and Recorder of Flathead County, Montana. The declaration or notice of annexation will describe tite real property to be annexed, and subject it to these Covenants with all exceptions and additional restrictions or reservations noted. Specifically, each new Lot in the annexed area will be allocated one vote and liability for common expenses and assessments equal to the liability allocated to each of the existing Lots and the proportionate voting interest and allocation of common expenses for the existing Lots will be adjusted accordingly. Such annexation will not require the consent of Owners, the Association or the Board of Directors. Any such expansion will he effective upon the filing ror record or such declaration or notice or annexation, unless otherwise provided therein. The expansion may be accomplished in stages by successive annexations or in a single expansion, Upon the recordation of any such notice of annexation, the defmitions used in this Declaration will be expanded automatically to encompass and refer to Silverbrook Estates as expanded. Such notice of annexation may add supplemental covenants specific to the Expansion Property in question, or delete or modify provisions of this Declaration as it applies to the Expansion Propery. However, this Declaration may not be modified with respect to that portion of the Property already subject to this Declaration, except as provided herein for amendment. Section 19.4 Withdrinval of Property: Declarant reserves the right to withdraw from the jurisdiction and effect of this Declaration any parcel of the Property (including the Expansion Property), provided, however, that no parcel may be withdrawn after it has been conveyed to a purchaser. ARTICLE XIX SPECIAL DECLARANT RIGHT'S AND ADIiIT TONAL RESERVED RIGHTS AND EASEMENTS Section 19.1 Rights Reserved to Declarant: Until the expiration of the Period of Declarant Control, Declarant will have the following rights- 19.1.1 Completion of Improvemeatts: The right to complete Improvements as indicated on any plat filed with respect to the Property, including any Expansion Property. 19.1.2 Development Rights: The right to exercise all development rights in connection with the development of the Silverbrook Estates Project (referred to here as "Development Rights' }, including without limitation the right or combination of rights hereby reserved by Declarant, as follows: (a) The right to annex all or part of the Expansion Property to the Project, in accordance with Article XVIII. (b) The right to create Lots and Common Area on the Property, including the Expansion Property. (c) The right to subdivide Lots and convert Lets into Common Area on any part of the Property, including the Expansion Property. (d) The right to withdraw real estate, whether contained within the Property initially subject to this Declaration or within the Expansion Property, from Silverbrook Estates, as provided in Article XVIII. 19.1.3 Sales Activities: The right to maintain sales and management offices, signs advertising the Project and model residences on the Common Area and on Lots owned by Declarant, whether contained within the Property initially subject to this Declaration, or within the Expansion Property. First Arnandment to and Complete Restarenreat of Doelar adon of Coverranta — Silivrbraak F.sfales A Page - 20 - IlIIIIIIIIIIIII811111111IIIIIIIIII gCll Jill IIIII Il�lllllllllll Illlllllll llllllll P. 1 f 24 lees: s169.00 PE PAUIa bill". V1 athmd [panty Mi by 11... 011W2010 11: SS AM 19.1.4 Easements: The right to use easements through the Cornmon Areas on the Property, including the Expansion Property, for the purpose of making improvements on the Property and the Expansion Property. 19.1.5 Master Association: The right to establish and make the Project subject to a master association and to establish such other associations of property owners as Declarant determines is appropriate. 19.1.6 Association Directors and Members of the DiRC: The right to appoint any officer or director of the Assooiation, and any member of the DRC. Section 19.2 Reserpation for Expansion and Construction: Declarant hereby reserves for itself and its successors and assigns and for Owners in all future phases of Silverbroolc Estates a perpetual easement and right-of-way for access over, upon, and across the Property, including the Expansion Property, for construction, utilities, drainage, ingress and egress, and for use of the Common Areas, including Common Areas located within the Expansion Property. The location of these easements and rights -of -way may he made certain by Declarant or the Association by instruments recorded in Flathead County, Montana. Declarant ;further reserves the right to establish from time to time, by dedication or otherwise, utility, ingress and egress, and other easements over and across the Common Areas, and to create other reservations, exceptions, and exclusions convenient or necessary for the use and operation of any other property of Declarant. Section 19.3 Reservation of Easements for Utilities, Infrastructure and Access: Declarant reserves for itself and its successors and assigns and hereby grants to the Association, the concurrent right to establish from time to time, by declaration or otherwise, utility and other easements, permits, or licenses over the Common Areas, for purposes including but not limited to streets, paths, walkways, drainage, recreation areas and parking areas, and to create other reservations, exceptions, and exclusions in the interest of the Owners and the Association, in order to serve: the Owners within Silverbaraok Estates. Declarant also reserves for itself- and its successors and assigns and grants to the Association the concurrent right to establish from time to time by an instrument recorded in Flathead County, Montana, such easements, permits or licenses over the Common Areas for access by certain persons (other than Owners and Owners' families and guests) who may be permitted to use designated portions of the Common Areas as contemplated under this Declaration. Section 19A Mai►rtenance Easement. An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the Association, and any member of the Board of Directors or Manager, and their respective officers, agents, employees and assigns, upon, across, over, in and under the Property and a right to make such use of the Property as may be necessary or appropriate to make emergency repairs or to perform the duties and functions which the Association is obligated or permitted to perform pursuant to this Declaration, including the right to enter upon any Lot for the purpose of performing maintenance to the landscaping or the exterior of Improvements to such Lot. Section 19.5 Drainage Easement: An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the Association, to enter upon any portion of the Property for the purpose of changing, correcting, or otherwise modifying the grade or drainage channels of the Property so as to improve the drainage of water. Reasonable efforts will be made to use this casement so as not to disturb the uses of the Owners, the Association and Declarant, as applicable, to the extent possible; to prosecute such drainage wort: promptly and expeditiously; and to restore any areas affected by such work to a sightly and usable condition as soon as reasonably possible following such work. Declarant, or its officers, agents, employees, successors and assigns must inform and obtain the approval of the Board of Directors prior to undertaking such drainage work, which approval will not be unreasonably withheld. Section 19.6 Snow Storage Easement: An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the Association, its officers, agents, employees, successors and assigns upon any and all portions of the Property for the storage of snow in the course of clearing snow accumulations from the Silverbrook Estates roads, trails, parldng areas, Common. Areas and other areas within Silverbrook Estates. Reasonable efforts will be made to use this casement in a way that will minimize the interference with the Owners' use and enjoyment of their Lots. Flrsl rinler:d+ie€+rl 1p alld Camplefe Rerlulemelrl of I3eciol crYrolr of Col ellairts — SitVerbl uok Ea'lQ1N� I Page - 31 - { Illllill III i 1IIII IIiII I1111111111111111 IIII IIIII IN111111111111111111111111111111 P 220002264 4 Foes; s16A.d0 P-1. Rnl.i—. rlwtl—d E—tv Ifi Fry tier 01l2112010 TIM ANY Section 19.7 Declarant Rights Incident to Construction: Declarant, for itself and its successors and assigns, hereby retains a right and casement of ingress and egress over the Common Areas and the right to store materials thereon and to malce such other use thereof as may be reasonably necessary or incident to the construction of the huprovements on the Property or other real property owned by Declarant; provided, however, thal no such rights will be exercised by Declarant iu such a way as to unreasonably interfere with the. occupancy, use, enjoyment or access to an Owner's Lot by that Owner. Section 19.8 Easements Deemed Greater. All conveyances of Lots hereafter made, whether by Declarant or otherwise, will be construed to grant- and reserve the casements contained in this Article, even though no specific reference to such casements or to this Article appears in the instrument for such conveyance. ARTICLE XX AUSCELLANEOUS PROVISIONS Section 20.1 Limhation of Liability: Neither the Declarant nor the Association, or their successors or assigns, shall be liable to any Owner or occupant of the Property by reason of any mistake in judgment, negligence, nonfeasance, action or inaction, or for the enforcement or failure to enforce arty provision of this Declaration. Every Owner or occupant by acquiring its interest in the Property agrees tlini it will not 'bring any aclian or suit against the Declarant or the Association to recover any such damages or to seek equitable reliefbecaalse or%nuae. Section 20.2 Severabilitp: This Declaration, to the extent possible, will be construed or reformed so as to give validity to all of its provisions. Any provision of this Declaration found to be prohibited by law or unenforceable will be ineffective to the extent of such prohibition or unenforceability without invalidating any other part her+cof Section 20.3 Constrrletion: In interpreting words in this Declaration, unless the context will otherwise provide or require, the singular will include the plural, the plural will include the singular, and the use of any gentler will include all genders. Section 20.4 Headings: The headings arc included only for Purposes of convenient reference, and they will not affect the meaning or interpretation of this Declaration. Section 20.5 Walver: No failure on the kart of the Association or the Board to give notice of default or to exercise or to delay in exercising any right or remedy will oli vale as a waiver, except as spcci rically provided above in the event the Board fails to respond to certain requests. No waiver will be effective unless it is in writing and signed by the President or Vice President of the Board on behalf of the Association. Section 20.6 Corrylicts Between Documents: In case of conflict between this Declaration and the Design Guidelines, this Declaration will control. Section 20.7 Assignment: Declarant cony assign all or any part of the Special Declarant Rights or any of Declarant's other rights and reservatiuns hereunder to any sucarssnr who takes title to all or part of the Property in a bulic purchase for the purpose of devolopment and snic. Such successor will be identified, the particular rights being assigned will be specified, and, to the extent required, concomitant obligations will be expressly assumed by such successor, all in a written instrument duly recorded in the records of the Cleric and Recorder of Flathead County, Montana. / 11 I ! SIGNATURES NEXT PAGE. I / J 1 / Illlllllllllllulllfllllllllllllllflllllllllfllllllll11ll�IIIIIIIIIIIIIIllifllllil 1O°210 24 Fee::. ilee,aa Pm1n kabi—.. rluthMj County IR by tine 011ze/d010 11:55 AM IN WITNESS WHEREOF, the Declarant has executed this Declaration this &� day of u2 , 2010, to be effective J&riy=finj o 93 and Church, LLC a Montana Limited Liability Company Howard T. Mann Its Managing Member STATE OF MONTANA } :ss County of Flathead ) On this ;). 01�day of ---1 A h Lk 4_ , 2010, bcforc me, the undersigned, a Notary Public for the State of Montana, personally appeared OWARD T. NIANN, known tome to be the Managing Member of 93 and Church, LLC, a Montana liinited liability company, the Declarau herein, and acknowlcdged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto net my band and affixed my Notarial Seal the day and year in this certificate last above written. e�1 [S ignaturc of No _t [Ty .ped, stamped or printed Name ofNotnryl Notary Public fa the State of Montana Residing at za P 1 s V—' I( [city of Ftesidcncel My commission expires: I I — G"' 20� [Monde Day Ycarl Rise ArrreradlrleFtt 10 urrd Gar+lpferc 1errQeemerr! of Dr aflaratrnel of Col ertcnts — Sihler firaak Eslares I Page - 33 - 111111I111i111111i1911111111111111�111111111I1i� B11111111111111111111111 ¢ ""I"120 'f 24 — $sz- v Paula Robinson. Fratt0ad C—ty RI by flan a1/71t/7010 11r55 AP' EXIMIT "A" TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR SILVERSROOK ESTATES (Legal Description of Silverbroolc Estates Property) Tract 3 of Certificate of Survey No. 15896 in the North Half of the Northeast Quarter and in the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 13 of Township 29 North, Range 22 West, P,M.M., Flathead Comity, Montana AND Tract 4 of Certificate of Survey No. 15996 in the Southwest Quarter of the Northeast Quarter and in the South Half of the Northwest Quarter of Section 13 of Township 29 North. Range 22 West, P.M.M., flathead County, Montana AND Tract 5 of Certificate of Survey No. 15896 in the Southeast Quarter of the Northeast Quarter and in the •North Half of the Southeast Quarter and in the Northeast Quarter of the Southwest Quarter of Section 13 of Township 29 North, Range 22 West, F.M.M., Flathead County, Montana. First rltnendinent fa and Comlplele Restatement afDw1aratian of Covenants—Sllverrbroak Eslatra I Page - aA- IIIIIIII III IIIII IIIII IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII PaO9lelO of 3 89 Fees. $21.00 Paula Robinson, Flathead County MT by sherrys 01/21l2011 02:22 PM Upon recording, please return to: Colleen P. Donohoe Johnson, Berg, McEvoy & Bostock, PLLP PO Box 3038 Kalispell, Montana 59903-3038 0) 00 r-I °n 1) SECOND AMENDMENT TO a) 00 O DECL-ARATION OF COVENANTS, CONDITIONS, n 0 w d- O RESTRICTIONS AND RESERVATIONS FOR SILVERBROOK ESTATES O U-) In O O A Residential and Commercial Development in Xalispell, Montana O I rn I rn o r� 1n 00 0 ,Ito oUJ THIS SECOND AMENDMENT TO THE DECLARATION of Covenants, Conditions, oLn p Restrictions and Reservations for Silverbrook Estates is executed this day of c t� O 2011 by 93 and Church, LLC, a Montana limited liability company, hereinafter referred to 13nrey as the H "Declarant." tv �n r` 1^n WHEREAS, Declarant caused to be filed the Declaration of Covenants, Conditions, Restrictions 0 00 and Reservations for Silverbrook Estates with the Flathead Cotmty Clerk and Recorder as Document No. © O 200800008099; and N.:I- OrWHEREAS, Declarant caused to be filed the First Amendment to and Complete Restatement of r- the Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates with the ui CO Flathead County Clerk and Recorder as Document No. 201000002264, hereinafter sometimes "First OO o Amendment," or "Declaration;" and O WHEREAS, pursuant to the Declaration, Declarant specifically reserved unto itself the right to O Cc amend said Declaration during the period of Declarant Control; and O ti N Ln o WHEREAS, Declarant is the owner of more than seventy-five percent (75%) of the lots OLn p comprising Silverbrook Estates; and O w WHEREAS, notice has been provided to Owners pursuant to Section 16.8.2 of the Declaration Ln o0 and Declarant certifies that fewer than 75% of Owners objected to this action by virtue of Declarant's Lownership of greater than 75% of the lots; and u, Ln O 0 WHEREAS, Declarant desires to amend said Declaration to change the time frame for installation 1n O of all landscaping (Section 7.3), and republish same as set forth hereinafter; and I � N WHEREAS, Declarant desires to amend said Declaration to change the minimum single family 00 residence square footage (Section 17.2.7), and republish same as sot forth hereinafter; and qlct Ln LnLn WHEREAS, Declarant continues to reserve the right to further amend said Declaration as O O contemplated within the Declaration referenced hereinabove, I Ln � NOW, THEREFORE, in consideration of the foregoing recitals and the amendment powers 00 ;preserved unto Declarant as set forth in the Declaration, Declarant hereby amends said Declaration as O O follows; 1n cn Cc 00 U 1r� 00 Z 1r1 O Second Aniendnietrt to DLcfarafion ojCovenants—Sflverbl'ookEstates / Page - 1- � IIIlII�I I I III IIIII IIIIIIIII IIIII IIIII I'll) AlllI IIIII IIIII IIIII III I IIII III ppye190 If 1-5119 I Fees: 5.'00 Paula Robinson, Flatho-d county nT by she ys 01/21/2011 03:ZZ PM Section 7.3 of Article VII (Design Guidelines) is hereby deleted in its entirety and republished as follows: Section 7.3 Design Review Caninlittee: The Silverbrook Estates Design Review Committee {DRC) is hereby established and shall carry out all duties bestowed upon it by the Association, these Covenants, the Design Guidelines and any amendments to such documents. The procedures for seeking DRC review and approval of any proposed Improvement are set forth in the Design Guidelines. No Improvement of any kind shall be commenced without the written approval of the DRC, Each structure must be constructed in compliance with the Design Guidelines, including but not limited to, location, size, height, color, materials, design and all other requirements of the Design Guidelines. All front, rear and side landscaping must be installed within the first growing season following occupancy of any residential or commercial development. Section 17 2 7 of Article XVU ZZoning Regulations and Codes) is hereby deleted in its entirety and republished as follows: 17.2.7 Maximum Building Footprints aril Minhwan Floor Arests: The minimum ground level floor area of any single family residence located east of Silverbrook Drive shall not be less than 1200 square feet of living space. The minimum ground level floor area of any single family residence located west of Silverbrook Drive shall not be less than 2000 square feet of living space. These square footages are exclusive of exterior parking spaces and decks. Each principal residential structure shall have at a minimum, an attached or detached two -car garage. R-4 Residentiial residences shall comply with all applicable Kalispell Zoning Ordinances. Commercial properties have no maximum footprint or lot coverage requirements except as Iimited by the confines of the applicable setbacks. All building size requirements are subject to the maximum lot coverage restrictions set forth in Section 17.2.6, above and the applicable City of Kalispell zoning ordinance, which take precedence over building size requirements and allowances. All terms and conditions set forth in the First Amendment to and Complete Restatement of Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook shall remain in full force and effect, subject, however, to the power of amend reserved unto Declarant, which power is contained in said Declaration and reaffirmed hereby. Second A/nendnrett to Declaration of Cm+ettmtts — Silverbrook Estates / Page - 2 - IIIlllll III IIIII Illll II[II II[II IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIIIIII P �1O°o0 13511 9 Fees: t2t.oa Paula Robinson, Flathead County MT by sherrys 01/21/2011 02:22 PM 0 WITNESS WHEREOF, thr, Dcclarant has executed this Second Amendment to Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates this IJOA day of v, a r- 2011. 93 and Church, LLC a Montana Limited Liability Company By: z Howard T, Mann, Managing Member STATE OF MONTANA ) :ss County of Flathead ) '� �— Thus instrument was aclmowledged before me on the Is day of -J ct w u cz v c� 2011 by HOWARD T. MANN, known to me to be the Managing Member of 93 and ChuA, LLC, a Montana Iimited liability company, the Declarant herein, and acknowledged to me that he executed the same, Public for the Stg,e Montana OTAW fUSUC for Me MT (9— Notary of Residing at Kalispell My Commission Ex ires TteciC7lg ar , My Ccrrm=ton Exlp 9 i- tdovemsrar 10, 2914 � r t " Printed Name of Notary Public Second dntendnient to Declaration of Col,enants — Sib,er•b,00k Estates / Page - 3 - Upon recording, please return to: Colleen P. Donohoe Johnson, Berg, McEvoy & Saxby, PLLP PO Box 3038 Kalispell, Montana 59903-3038 THIRD AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR SILVERBROOK ESTATES A Residential and Commercial Development in Kalispell, Montana THIS THIRD AMENDMENT TO THE DECLARATION of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates is executed this " day of 2014 by 93 and Church, LLC, a Montana limited liability company, hereinafter referred to herein as the "Declarant." WHEREAS, Declarant caused to be filed the Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates with the Flathead County Clerk and Recorder as Document No. 200800008099; and WHEREAS, Declarant caused to be filed the First Amendment to and Complete Restatement of the Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates with the Flathead County Clerk and Recorder as Document No. 201000002264; and WHEREAS, Declarant caused to be filed the Second Amendment to the Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates with the Flathead County Clerk and Recorder as Document No. 201100001589; and WHEREAS, pursuant to the Declaration, Declarant specifically reserved unto itself the right to amend said Declaration during the period of Declarant Control; and WHEREAS, Declarant is the owner of more than seventy-five percent (75°%) of the lots comprising Silverbrook Estates; and WHEREAS, notice has been provided to Owners pursuant to Section 16.8.2 of the Declaration and Declarant certifies that fewer than 75% of Owners objected to this action by virtue of Declarant's ownership of greater than 75% of the lots; and WHEREAS, Declarant desires to amend said Declaration to change the Declarant Control Period (Section 2.13), to the date when 75% of the lots have been sold and republish same as set forth hereinafter; and WHEREAS, Declarant continues to reserve the right to further amend said Declaration as contemplated within the Declaration referenced hereinabove. NOW, THEREFORE, in consideration of the foregoing recitals and the amendment powers reserved unto Declarant as set forth in the Declaration, Declarant hereby amends said Declaration as follows: Third Amendment to Declaration of Covenants — Silverbrook Estates / Page - I - Section 2 13 of Article H (Definitions) is hereby deleted in its entirety and republished as follows: Section 2.13 Period of Declarant Control shall mean the period beginning on the date the original Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana and ending on the date on which the Declarant has sold seventy-five percent (75%) of the Lots in Silverbrook Estates, including any annexations or additions to the subdivision. The Period of Declarant Control may be reinstated or extended by agreement between Declarant and the Association, subject to whatever terms, conditions, and limitations the Board of Directors may impose. After the termination of the Period of Declarant Control, Declarant, if still an Owner, will continue to have all the rights and duties ordinarily given to Owners under this Declaration. Except as specifically amended herein, all terms and conditions set forth in the First Amendment to and Complete Restatement of Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook and any amendments thereafter shall remain in full force and effect, subject, however, to the power of amend reserved unto Declarant, which power is contained in said Declaration and reaffirmed hereby. Declarant hereby certifies that it has complied with the notice requirements contained in Section 16.8.2 by causing a notice of this contemplated action to be mailed to all Owners at least thirty (30) days prior to the recording of this Amendment. Declarant certifies that it has not received written objection to the contemplated action by seventy five percent (75%) or more of the Owners. IN WITNESS WHEREOF, the Declarant has executed this Third Amendment to Decluation of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates this Z3j—day of psi Uyn h e,, 12014. 93 and Church, LLC a Montana Limited Liability Company By: Jjg 7� H6ward T. Mann, Managing Member STATE OF MONTANA ) :ss County of Flathead ) This instrument was acknowledged before me on the 2 JrAay of Ae ,- o ti g_-- 2014 by HOWARD T. MANN, known to me to be the Managing Member of 93 and Church, LLC, a Montana limited liability company, the Declarant herein, and acknowledged to me that he executed the same. NO�VW Notary Public for the State of ntana • SEAI *< ��Kafispet montaw Residing at Kalispell Residhg Mycw-w and My Commission Expires ' i ! NorsnWw 10. 301E P i—e A t 6,fr—t Printed Name of Notary Public Third Amendment to Declaration of Covenants — Silverbrook Estates / Page - 2 - IIIIIIIIIIIIIIIIIIIIIII�IIIIIIIINIII IN1111111111111111111111111INIII III 11I1111 Page: 1 f 266 Fees: $14100 Debbie Pierson, Flathead County MT by NW 5/20/2015 1:26 PM Upon recording, pimse. returaa to. Coll: en F. Dca5oiwe, Kalispell, spell, ry ont2ina 514403.-3038 11110 URTH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, S, RESTRICTIONS AND RESER'VA TIONS FOR SILVERBROOK ESTATES A. Residential and Commercial Development ita,Kilispell, Mositarna THIS FOURTH $r;N]&E'T TO THE 1BECf.ARA'T1% of Cc�venaats, Conditions, Restrictions and Rus rvaations far Sl€verhrook Estates is executed this � � da} of l A a _ 2015 In} a nand Clttarch, 1_.€;.£�., a 1�1s?rntari t l nnitcd l€a`_ ility Lcan:Ta;,y, €t�3c`sa�a r .cfersect l i hervan as t€ie "Declarant," WHEREAS, Declaranit catised to be filed the Declaration ration of Covenants, Conditions, Restrictions and reservations for Silvcsbrook Estates with the l lathea<1 County Clerk and Rrcnrdar a s Document No. 2008000011099; an ra WHEREAS Dee larant cauFcd to be ilea the First Amendment to and Complete Restatement of the Declaration of Coveana ants, Condifio ne• Restrictions and Reservations for Silverbrwx Estates with tie u Flathead County Clerkand Rccorde ;.s Doc ment iFii�� '�0 101{,1002264; and Ila W111:,1f_>k AS, Declarant caused to be filed the Second Amendment to the D,-clanatiun of Covenants, Conditions, Restrictions vnd Reservations for Si€verbrook Estates with flie Flathead Ctaunly Clcfk. and Recorder as Document `Noa 20l 10d001585; and y WHEREAS. Declarant caused to be itlad'he Third Amendment to the, Declaration of,Covenaants; T Conditions, Restrictions and €ZaciYations for Silverhrook Estates with the Flathead County Clerk and Recorder tas Document No. 201500000659, and WHEREAS, pursuant to the Declaraiican, Decim.-ant, specifically reserved unto itself the right to amend said Declaration ltaa ng the period a�f l)ecla,aant Conn , ar W1TEME AS, Declarant is the oivanef of more than twenty-five percent (25%) of the lots comprising Silverbrook- Estates,. and WHEREAS, notice has heo n provided to Owners Pursuant to Section 16X2 of the Declaratiuen and Declarant certifies that feiver than 75% of Owner-, objected to this action by virtue of Dec arant`s ownership of greator than 25% of the, lots, and WHEREAS, 11eclarant. desires to amend said Declaration to chmige the exterior lighting provision (Section 11,12), and republish sa— m tas set ford; hereinafter, and WHEREAS, Deeiatant ca ntinuc.s to reserire the right to tisrther amend said Declaration as contemplated withiv the Declaration rererencac here nalxsve. 1'dOW, THEREFORE, in consideration of ffic forego€ng recitals and the: arnendmunt. powers rescxred unto Decl>ara nt as se rbrih in the Declaration, Daclaraent hereby amands said Declaration is follows-, 1<njo-h ?,?u?ndMv2r icy Decdaratian of Covenants 11111111111111111111IN 11111111111111 20150 Page: 2 ofg2666 Fees: $14.00 5/20/2015 1:26 PM Section I1.I2 of Ar0 le X1 r2 ea Use atad Revtrnctave t:ovearaatt➢' is lnea-ebv deleted in it entire t and re ghlishe€i gc folitasysa Section 11.12 EaWerior Lighting. In an effort to contribute minimally to lilac poll atio?r, al[ residential eyterior liv 'hting shall be a rtrairmurn of 45 N-ratis with 400 _lumens or less: Except as specifically armssrdecl hert.in, all terim and conditions set forih in the First Amendment to and ofDec:lar<at.ion of Covenants, Condit otn. Reitrictions and Reservations for Si:lverbrook and -,wiy i me.ndrments thereafter shalt remaitr in full force and effect, subject, however, to the power of amend reseried unto Deelaxa nt, which po ver is contained to said, Uealaraiion and reaffirmed herehy Declarant hereby certifies that it has corn p iG,.z with tine not'We retjWMsarerats contained in Section tf .8,2 by cammg a notice of this contemplated action it) be mauled to all Owners at least thirty (30) dais prior to the recording of this Arnendirte t, Declarant certifies that it has not received svritte£t oErjectican to the contemplated aactiun by sevonmy five percent (75%) or more of the 'Owners. IN WI IN-ESSWHEREOF, the, Declarant has executed this .€ Furth Amendment to Deviation of � Covenants, Cour:atcaars, Restrictions card Reservations for �ail�sc:rb+rool� Estates this �' -ql--` day of � %� ----- �(315, a Montana l coo ted Liability Company By, is ^c:t7,!L!_ 1-foward T. Marna, l.laanapi g Member STf1 13 OF Pv'lOclTANA Gaunt} of Flathead D This imtr<a cent was ach-n-,) 1edgcd before me on the k okay of . lr}, HOWARD T� 1?rlANN, i'`raown to ate to be die Managing Member of 93 and limited liability company, the Declar-ant herz in, and ,acitnowied ed to tune thad: lie ex- ce:artecl the 5 rrtiG- _r. y' Y dotary, Public for the State of 14ornfaoa l esit€irrg;atKa€ispel€ Nly Commissioaa Expires Eraaate �aaAtaeLfl trr? Publrc &-Meih AUierldWer,Ito 09cfa-ra on Of Covenants -- Si3ivrbrook Estaies J'.Page :_:2 1111111111 Jill fl Jill 111111111111111 2017 0001126 "..e? 1101111111 J III Jill Hill 11111111111111111 . of 4 1,28 '011 Debbie Pierson, Flathead County MT by NW 1/18/2017 2:5� P. Upon recordlfl& please retarn to:11 Colleen P: D.nohix- Johnso%. Berg & Saxby, PLLP PO Box 3038 Kalisgell, Mon'tana 59903-3038 FIFTH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR SILVERBROOK FS-T S ATE A'Residentlal and Commercial Development,in Kalispell, Montana THIS FIFTH AMENDMENT TO THE DECLARATION of Covenants, Conditions, Restrictions and Reservations for SiNerbrook Estates is executed this�_ day 2016 by SILYMMONT PROPEWFIES, LLLP, a Montana firrutcd liability lirnited partnership, hereinafter referred to herein as the "Declarant," WHEREAS, 93 mid Church, LLC (hereinafter "93 and Church"), DeclaranCs predecessor it, interest, caused to be filed the Declaration of Covenants, Conditions, ReArictions and Reservations for Silverbrook Estates with the Flathead County Clerk and Recorder asPoeument No. 20080000SO99; and WHEREAS, 93 and Church caused to be filed the First Amendment.to and Complete Restatement of the Declaration of Covenants, ConditioAS Restrictions Res, ctions and Reservations for Silverbrook Estates with the Flathead County Clerk and Recorder as Document No> 201000002264; and WHEREAS, 93 and Church caused to be filed the Second Arneadment to the Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates with the Flathead County Cierk and Recorder as Document No. 2011000015 89; and WIM,REAS, 93 and Church caused to be, filed the Third Amendment: to the Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates with the Flaffiead County Clerk and Recorder as Document No. 201500000659; and 'WIWRF-AS, 93 and Church caused to be filed the Fourth Amendment to the Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates with the Flathead County Clerk and Recorder as Document No. 201500009666; and Fifth F-vtows /Page - I - 201700 01126 Hill Hill Hill 1111111111111111111 lill IN Page: 200f 4 Fees: $28.00 2/1 8/2017 2:50 PH WHEREAS, 93 and Church assigned all its right, title and interest as Declarant to Silvermont Properties, LLLP, pursuant to the Assignment of Declarant Rights recorded as Document No. 201500023732, records of Flathead County., and WHEREAS, pursuant to the Declaration. Declarant specifically reserved unto itself the right to amend said Declaration during the period of Declarant Control; and WREREAS, the period of Declarant Control is still in e�,Mct by, virtue of the Declarant owning more than twentywfive percent (259/6) of the lots comprWing Si lverbrook Estates.. and WHEREAS, notice has been provided to Owners pursuant to Section 16.8.2 of the Declaration and Mdarant certifies that fewer than 75%of Owners objected to this action by virtue of Declarant's ownership of greater thasin 25% of the lots, and WHEREAS, Declarant desires. to amend said Declaration to change the ground floor square (dotage and setback requirements for single family residences, said republish same as set -forth hereinafter; and WHEREAS, Declararit continues to reserve the right to further amend said Declarat' ion as contemplated within the Declaration referenced. hereinabove. NOW, THEREFORE, in consideration, of the foregoing recitals and the amendnient powers reserved unto Declarant as set forth in the Declarafiori, Declarant hemby amends said De'daration as follows: Section 172.5 of Article.XVII (Zoning Regulations aud Codes is hereby deleted in it% tXanA Lepublishe.d. as follows: 17.2.5 Setbacks and Building Envelope* The following setback distances must be observed through Silverbrook"Estates (setbacks shall be measured'from the property line to the farthest projecting part of the structure): a) R-4 Residon tial Lots must comply with applicable Kalispell Zoning Ordinance b) 'R-2 Single Family Residential Lots, a W side yard 0 20' frobt yard: a M rear yard a 20' side cornet yard a 30' rear yard where adjacent to Open Spaces along the Stillwater River and its tributaries C) Commercial Lots- * Y ffont yard * 101 side 3,ard * 5" rear yard Fifib A irendmentto Mvlwwtiot? ofCownants —Rilverbrook &tatas / Page - 2 -- I 101111IN IIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIII III III Page: 3 af4201700001126 Fees; $28.00 1/18/2017 2.50 PH d) Tennis court--, swimming pools and other areas of active use and noise shall be buffered from adjacent properties, e) Additional setbacksfirpm tree musses, native vegetation transition zones, topography, drainage, view corridors, roads, paths and utility easements may be required by the DRC or the City of Kalispell. f) A mimmum setback of 10.0 feet is required, for all buildings adjacent o declared wetlands and 50 feet to other declared waterways. g) Any building envelope overlapping with front, rear or side vard setbacks shall be restricted, by the required setbacks; Sectio!j 171.7 of Article 2V11 To - deleted in ift enjiretand v -gig, Reaulations and Codes herel)v d republished as foliows- 17.27.7 Maximum Building Footprints and Mininium FWrAreas: The minimum ground level floor area of any single family residence located east of Silverbrook Drive shall be determined by its Proportion and scale to any second story living space, but in no case shall there be less tban 1,200 square feet of total home living space. The minimum ground level floor area of any single family residence located wos.t. of SlIverbrock Drive shall be determined by its proportion and scale to any second story living space., but in no case shall there be less than 2,000 square feet of total home living -space. These square footage requirements are exclusive of exterior parking spaces and decks. Each principal residential structure shall have, at a mini I mum, an attached or detached two -car gara;ge, R-4 Residential residences shall comply with all applicable Kalispell Zoning Ordinances. Commercial properties have no maximum footprint or lot.coverage requirements except, as limited by theconfines of the applicable setbacks. X11 building size requirements are subject to the maxii-num lot coverage restrictions set forth in Section 17.2.6 above and the applicable City of Kalispell zoning ordinance, which take precedence over building size requirements and allowances. Except as specifically amended herein, -all terms and conditions set forth in the First Amendnient to and Complete Restatement of Declaration of Covenants, Conditions, Restrictions and Reservations For Silverbrook and any amendments thereafter shall remain in full force and effect, subject; h %vver, the 1 0 , to + power of amend reserved unto Declarant, which power is contained in said Declaration and reaffitrned hereby. Declarant hereby certifies that it has complied with the notice requirements contained in Section 1642 by causing a notice of this contemplated Action to be mailed to all Owners at least thiky (3O) days Fffth A?Mrdment to Dedwvtion qfCow.nants -- Sllvvrbrook Estafe, / Page - 3 - 201700001126 Page: 4 of 4 Fees. $2800 1/18/2017 2:50 PM prior to tie record ing of this Amendment. Dmclaraut certifies that it has not received written objection to the contemplated action by seventy five percent (75?/,D) or more ofthe Owners. INT WITNESS WHEREOF, the Declarant has executed this Fifth Amendment to Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates this -SL", day of STATE OF MONTANA :ss SILVERIMHONT PIROPERTIES, HAY By: Westeraft Homes, Inc- its General Partner BY: County of Flathead. This Instrument was acknowledged before meson the day of ] LZ -V 16 by INIARVIN GALTS, known to me to be the President of Westcraft Homes, Inc., which —its the teneral Partner of Silvermont Propetties, LLLP, a Montana limited liability limited partnership, the Declarant herein, and acknowledged to me that he executed. the same. CYNTHIATUDHOPE NOTARY PUBLIC f0tlMn State* Montana Revzift ot woury Public for the State. Xk�n-tan. Residing at Kalispell MYFA0MM!SST0T1E'XPIve1 Printe ofNotary Public IPine -4- 0013855 0504831 0505710 0506178 0506267 0506313 0013856 0504838 0505711 0506179 0506268 0506314 0504753 0504839 0505712 0506180 0506269 0506315 0504769 05048" 0505713 0506181 0506270 0506316 OS04770 0504845 0505714 0506182 0506271 0506317 0504771 0504846 0505715 0506183 0506272 0506319 0504772 0504847 0505716 0506184 0506273 0506319 0504773 0504848 0505748 0506185 0506274 0506320 0504774 0504853 0506020 0506186 0506275 0506321 0504775 0504854 0506021 0506187 0506276 0506322 0504776 0505548 0506022 0506226 0506277 0506323 0504777 0505563 0506023 0506232 0506278 0506324 0504778 0505576 0506024 0506233 0506279 0506325 0504779 0505587 0506025 0506234 0506280 0506326 0504780 0505604 0506026 0506235 0506281 OS06327 0504781 0505614 0506027 0506236 0506282 0506328 0504783 0505644 0506028 0506237 0506283 0506329 0504784 0505645 0506029 0506238 0506284 0506330 OS04785 0505651 0506030 0506239 0506285 0506331 0504786 0505655 0506031 0506240 0506286 0506332 0504787 0505657 0506032 0506241 0506287 0506333 0504788 0505662 0506033 0506242 0506288 0506334 0504789 0505664 0506034 0506243 0506289 0506335 0504790 0505667 0506035 0505244 0506290 0506336 0504791 0505676 0506036 0506245 0506291 0506337 0504792 0505679 0506158 0506246 0506292 0506338 0504793 0505680 0506159 0506247 0506293 0506339 0504799 0505681 0506160 0506248 0506294 0506340 0504801 0505682 0506161 0506249 0506295 0506341 0504802 0505683 0506162 0506251 0506296 0506342 0504803 0505684 0506163 0506252 0506297 0506343 0504804 0505685 0506164 0506253 0506298 0506344 0504808 0505686 0506165 0506254 0506299 0506345 0504809 0505687 OS06166 0506255 0506301 0506346 0504810 0505688 0506167 0506256 0506302 0506347 0504811 0505689 0506168 0506257 0506303 0506348 0504812 0505695 0506169 0506258 0506304 0506349 0504813 0505696 0506170 0506259 0506305 0506351 0504814 0505697 0506171 0506260 0506306 0506352 0504815 0505698 0506172 0506261 0506307 0506353 0504816 0505699 0506173 0506262 0506308 0506354 0504817 0505700 0506174 0506263 0506309 0506355 0504818 0505702 0506175 0506264 0506310 0506356 0504819 0505708 0506176 0506265 0506311 0506357 0504827 0505709 0506177 0506266 0506312 0506358 0506359 0506360 0506361 0506362 0506363 0506364 0506365 0506366 OS06367 0506368 OS06369 0506370 0506371 0506372 0506373 0506374 0506375 0506376 0506377 0506378 E001189 E001190 E001238 (IIIIIIIA II II III III IIIII II�II II�II'�III III I��I�III IIIVII��I I��II IIII 1I II'I'1tI IN Papa 5 off 5 26 Fees:$26.00 1/18/2017 2:50 PM