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Bloomstone Ph 3 Final Plat
CITY OF KALISPELL REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.katispell.com/planning SUBJECT: Final plat request and Subdivision Improvement Agreement for Bloomstone Phase 3 MEETING DATE: May 15, 2023 BACKGROUND: A2Z Engineering has submitted a request on behalf of Kalispell National Investment Co., LLC, for final plat approval of Bloomstone Phase 3. The subdivision contains 47 single family lots on approximately 10.22 acres. The property is located at 1070 Treeline Road and can generally be described as a portion of Assessor's Tract 5C in the SW 1/4 of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. A specific metes and bounds description is attached as Exhibit A to the compliance letter. The City Council approved the preliminary plat with 30 conditions in February 2021 (Resolution 6012). 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 $303,437.50 secured by an irrevocable letter of credit is included for the Council's consideration. RECOMMENDATION: It is recommended that the City Council make a motion to approve the final plat for Bloomstone 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 Aimee Brunckhorst, Kalispell City Clerk CITY OF KALISPELL May 5, 2023 Doug Russell, City Manager City of Kalispell 201 1 sl Ave E Kalispell, MT 59901 Re: Final Plat request for Bloomstone Phase 3 Dear Doug: Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning A2Z Engineering has submitted a request, on behalf of Kalispell National Investment Co., LLC, for final plat approval of Bloomstone Phase 3. The subdivision contains 47 single family lots on approximately 10.22 acres. The property is located at 1070 Treeline Road and can generally be described as a portion Assessor's Tract 5C in the SW 1/4 of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. A specific metes and bounds description is attached as Exhibit A. The City Council approved the preliminary plat with 30 conditions in February 2021 (Resolution 6012). 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 $303,437.50 secured by an irrevocable letter of credit is included for the Council's consideration. COMPLIANCE WITH CONDITIONS OF APPROVAL 1. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. Staff Response: This condition has been met. The development of the site is in substantial compliance. 2. All applicable conditions within Ordinance 1635 (Bloomstone PUD) shall apply. Staff Response: This condition has been met. The final plat is consistent with the PUD. 3. The preliminary plat approval shall be valid for a period of three years from the date of approval. Staff Response: This condition has been met. The preliminary plat was approved in February 2021 and remains valid. 4. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. Staff Response: This condition has been met. The applicant submitted a letter from Public Works dated June 21, 2021, conditionally approving the plans for the project. 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. A letter from Public Works dated May 9, 2023, deemed 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 applicant submitted a letter from Public Works dated June 21, 2021, and from DWQ dated July 1, 2021, conditionally approving the plans. 7. The extension from the location of the existing water main in Treeline Road to the south within Treeline Road connecting to Four Mile Drive and to the east in Four Mile Drive shall be completed prior to final plat of phase 4. The water main within Treeline Road and Four Mile Drive shall be sized in accordance with the Water Facility Plan. There are possible alternatives to routing the main extension in Four Mile Drive while still providing the necessary looping. Those alternatives could be addressed during review of the engineering plans for the water mains and implemented subject to the review and consent of the Kalispell Public Works Department. Staff Response: This condition is not applicable as it pertains to a future phase of the project. 8. 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. A letter from Public Works dated May 9, 2023, deemed the condition to be satisfied. 9. A 30 foot easement shall be provided along the length of the northern property line of Lot 106 for a location complying with City Design and Construction Standards for future sanitary sewer and water main extensions to the west as shown on the water and wastewater facility plans. Additionally, the water and sewer mains within Treeline shall be laid out in a manner to allow for the future sanitary sewer force main provided for in the Wastewater Facility Plan Update (Project WW-M-01). Staff Response: This condition is not applicable as it pertains to a future phase of the project. 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. A letter from Public Works dated May 9, 2023, deemed the condition to be satisfied. 11. Stormwater initiating within the northern half of Four Mile Drive adjacent to Bloomstone shall be treated and detained within the Bloomstone subdivision. Staff Response: This condition has been met. A letter from Public Works dated May 9, 2023, deemed the condition to be satisfied. 12. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. Staff Response: This condition has been met. The applicant has submitted the city stormwater permit dated April 23, 2021, and the DEQ letter dated April 20, 2021. 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. A letter from Public Works dated May 9, 2023, deemed 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. A letter from Public Works dated April 29, 2022, was submitted approving the easements. 15. An updated Traffic Impact Study shall be completed prior to the final plat of Phase 3. Any recommendations from the study shall be implemented. Staff Response: This condition has been met. A letter from Public Works dated May 9, 2023, deemed the condition to be satisfied. 16. The extension of Treeline Road shall be constructed per city standards as an urban collector, while Foxglove Drive shall be constructed as a local street. Both roads shall have three lanes at their intersections with Four Mile Drive. All other streets will be constructed to the appropriate city standards. Staff Response: This condition has been met. A letter from Public Works dated May 9, 2023, deemed the condition to be satisfied. 17. Four Mile Drive will need to be improved to an urban standard along its frontage with Bloomstone, including a left turn land at both Treeline Road and Foxglove Drive. No additional public or private accesses are permitted onto Four Mile Drive other than Treeline Road and Foxglove Drive. Any additional right-of-way necessary for improvements shall be dedicated to the City. Staff Response: This condition is not applicable as it pertains to a future phase of the project. 18. The construction of the extension of Foxglove Drive to Four Mile Drive shall occur as part of Phase 3, along with a portion of Waterleaf Lane. A temporary cul-de-sac shall be installed at the end of Waterleaf Lane. Phase 4 would include the extension of Treeline Road to Four Mile Drive, along with all of the required improvements in Four Mile Drive. Prior to final plat of Phase 4, all street improvements, including, but not limited to, the full street profiles and all water and sanitary sewer main extensions, shall be installed. Staff Response: This condition has been met. A letter from Public Works dated May 9, 2023, deemed the condition to be satisfied as it pertains to this phase. 19. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to final plat. Staff Response: This condition has been met. A letter from the Fire Chief dated April 27, 2023, was submitted approving the design. 20. 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. 21. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. Staff Response: This condition has been met. The applicant submitted a letter from the USPS approving the mailbox location. 22. 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 June 25, 2021, approved the landscaping plan. 23. A parks plan for the areas designated as "park/walking trail" shall be approved by the Parks and Recreation Director, and the plan shall show that the parkland dedication requirement is met for each phase. Staff Response: This condition has been met. A letter from the Parks Department dated June 25, 2021, approved the parks plan. 24. 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. 25. 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. 26. A sound study shall be submitted prior to construction showing the specific design for highway sound mitigation for the subdivision and that the design reduces the noise impacts to no more than 60 dBA at any lot line within the subdivision. The design of the noise mitigation measures shall be reviewed and approved by the City of Kalispell Architectural Review Committee prior to construction. The sound mitigation shall extend along the highway right-of-way from the southern end of the property to the north end of Bloomstone Phase IA -West. The measures shall be completed along the Phase 1 frontage prior to final plat of any additional phases. The remainder of the frontage shall be constructed in conjunction with the adjoining phase. However, if the sound study shows a 60dBA or lower level at any lot line being final platted, sound mitigation shall be developed regardless of whether that phase is adjoining the highway right-of-way or not. Staff Response: This condition has been met. The portion along the Phase 1 frontage has been completed, and the remainder of the frontage is associated with future phases. 27. A homeowner's association (HOA) shall be formed and established to provide for the maintenance of the common areas. Staff Response: This condition has been met. There is an existing HOA with covenants which would apply to this phase. 28. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. Staff Response: This condition has been met. The minimum two-thirds of the infrastructure has been installed. 29. 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 utilities are underground and approved by Public Works. 30. 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 letter dated March 31, 2023, the disturbed areas are integrated into stormwater management plans. COMPLIANCE WITH THE SUBDIVISION REGULATIONS This subdivision plat has been found to be in compliance with the State and City subdivision regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-4 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 Bloomstone Phase 3. Attachments: - Two mylars of final plat - Copy of final plat - Subdivision Improvement Agreement and Engineers Estimate - Applicant responses and final plat application - Flathead County tax certification dated 3/13/23 - First American Title Insurance Guarantee 5010500-1025154-FT dated 2/3/23 - Consent to Plat for Glacier Bank - Letters from Public Works dated 6/21/21; 4/23/21; 4/29/22; and 5/9/23 - DEQ letters dated 7/1/21; 4/20/21; and 8/10/21 - Parks letter dated 6/25/21 - Fire Dept letter dated 4/27/23 - USPS letter dated 5/2/21 - Water rights query - CCRs c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: A2Z Engineering 138 E Center, Ste A Kalispell, MT 59901 EXHIBIT A That portion of the SW IA of Section 36, Township 29 North, Range 22 West, P.M.,M., Flathead County, Montana, described as follows: Commencing at the Center 1/4 Corner of Section 36; Thence along the East line of the SWl/4 of Section 36, South 00°04'04" East 940.10 feet; Thence North 89°48'52" West 24.85 feet; Thence South 00°04'05" East 237.97 feet to the Southeast Corner of Bloomstone, Phase 2, records of Flathead County, Montana, and the POINT OF BEGINNING; Thence South 00°04'05" East 1416.78 feet to the Northerly right of way of Four Mile Drive; Thence along said right of way through the following two (2) courses: South 88°37'05" West 16.12 feet to a point on 8144.08 foot radius curve, concave Northerly, whose center bears North 0I' l8'51" West; Thence Westerly along the curve through a central angle of 01 °55'37" along an arc length of 273.90 feet; Thence leaving said right of way, North 00°04'05" West 1153.50 feet; Thence South 89°55'55" West 120.00 feet; Thence North 00°04'05" West 100.00 feet; Thence South 89°55'55" West 20.00 feet; Thence North 00°04'05" West 160.00 feet to the South boundary of the above said Bloomstone, Phase 2; Thence along said South boundary through the following three (3) courses: North 89°55'55" East 240.00 feet, North 85010106" East 60.21 feet, and North 89055'55" East 130.00 feet to the Point of Beginning, containing 10.218 acres of land, all as shown hereon. Subject to and together with easements as shown. Subject to and together with easements of record. tr z F<- z 0 cr) UJ < 'o CL cc"4 W -ZPU 0 0 z LL J o CO 0 C/5 z 0 0 U, (1) LL 0:!f 0 —U) CO Cj) C.) �R 0600001 . p I F. odd gg gig Jill 1 8 —.Ibb, z N �11 .1t i j It es mo b..0 am3 owe g -mo 401 ubgboo'. T I u�j Z, �ZZ12 wn"o I be ,4bS=l 81 uIbsom 9 nm A.A. be m be Ij 000'a ows u- -Z MbS-V um mI,sow'9la wwfo MbeMW9 Wp, w.1t.0 be m'e som I,�bsmq cr- wnVu w be -,g 1 .Pow, �soass . If bebbbe 'o- ,,, z%o. be 0wq seb'I bywro aavwu o' 1.2 ulsomV , T' *1 �4-sm 11 uml ; — — ; ,sout 1, R $j I,,lbe.ff 41 L6-' wKlo z be m'e Ullfl I @d �-- M be �e Ig ®I �wbsmv i �-oglo aot lo= 1 W :� . z .1 — as be me 4 U) :� :5 n *--0 -------- AOLw ro be oo,,, c", uA(D I CLc Z- w be ome --Tw- , CE-- LLJ Z o) I 8 u- z P R - 9 Awn'.. b,*b blb be 0 s 005E Ig be Mo?e "be ewo P 1H4Lo1 z 0 KKK am Z- 29 a. z 0 -j< 1v I xs k9 A9 0 w Y (n 5 LL ozi o _j so m.,o 0 Return to: Aimee Brucnckhorst Kalispell City Clerk 201 1"Avenue East Kalispell, MT 59901 APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 2$414 day of APIV I , 2023, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and KALISPELL NATIONAL INVESTMENT COMPANY, LLC, a Corporation located at 124 Swan Ridge Court, Kalispell, MT 59901, 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 Btoomstone Phase 3, located at Assessor's Tract 5C (Assessor's COS no. It 734), SW'/4 of Section 36, Township 29 North, Range 22 West, P.M.,M., Flathead County, Montana, and, WHEREAS, the City has conditioned it's approval of the final plat of Bloomstone Phase 3, upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125%' of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $303,437.50, NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $303,437.50, 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 $303,437.50, the estimated cost of completing the required improvements in Bloomstone Phase 3. 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 December 31, 2023. 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of two (2) years from the date of acceptance of the completion of those improvements by the City, c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO - WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. Bloomstone Phase 3 / Kalispell National Investment Co., LLC (Name) (Title)f STATE OF MONTANA COUNTY OF V\. 4 :rkec,• On this 3 gam' day of 4,Q ( N 1 , 2023, before me, a Notary Public for the State of Montana, personally appeared Jim Davis, known to me to be the Registered Agent of Kalispell National Investment Company, LLC, whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. 'SCwv"eS OGui S Notary Public for the State of Montana Printed Name D+an+A- J.'>e v � s Residing at V a,•i. S Q c tit My Commission Expires rn" <c 3 0 Aur MAYOR, CITY OF KALISPELL �NpIE DqL�.. DIANNE DAVIS Notary Public ;p_. �OTAR q : for the State of Montana �j SEAL ,_� : residing at: Kalispell, Montana OF 9 �cCP My Commission Expires: March 30, 2025 ATTEST: MAYOR CITY CLERK EXHIBI FA Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXI-IIBII B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED PERCENTAGE APPROPRIATE COMPLETION CONSTRUCTION COMPLETE IMPROVEMENTS DATE COSTS Vinyl Fencing 12/31/2023 $110,000 0% Retention Pond 12/31/2023 $45,000 0% Blvd Topsoil & Trees 12/31/2023 $18,000 0% Sidewalk Replacement 12/31/2023 $750 0% Road Striping 12/31/2023 $5,000 0% Street Signs 12/31/2023 $2,500 0°} Exercise Equipment 12/31/2023 $51,500 0% Path Fix 12/31/2023 $10,000 0% SUB I O CAI. S242.750.00 FEES S- TOTAL COSTS S242,750.00 TOTAL_ COLLATERAL (TOTALS COSTS X 125%) $303,437.50 Resolution No. 6012 - Platting Conditions The platting conditions required by city council resolution no. 6012 are shown below in red text: 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. AzZ Engineering Response: Acknowledged. z. All applicable conditions within Ordinance 1635 (Bloomstone PUD) shall apply. AzZ Engineering Response: Acknowledged. 3. The preliminary plat approval shall be valid for a period of three years from the date of approval. AzZ Engineering Response: Resolution 6012 is dated February 1st, 2021. This submittal is less than three years from approval of the resolution. See attachments. 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. AzZ Engineering Response: Enclosed is a copy of the public works conditional approval letter for the design of improvements in Phase 3. Construction of these improvements is partially completed so bonding is attached for the items that are still to be constructed. 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. AzZ Engineering Response: Enclosed is a copy of the public works conditional approval letter for the design of improvements in Phase 3. Construction of these improvements is completed and public works is reviewing the as-builts and testing. 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. AzZ Engineering Response: Enclosed is a copy of the (1) the MDEQ water and sewer main extension design approval letter and (z) the public works conditional approval letter for the design of improvements in Phase 3. These approvals were received prior to the beginning of construction of the improvements. 7. The extension from the location of the existing water main in Treeline Road to the south within Treeline Road connecting to Four Mile Drive and to the east in Four Mile Drive shall be completed prior to final plat of phase 4. The water main within Treeline Road and Four Mile Drive shall be sized in accordance with the Water Facility Plan. There are possible alternatives to routing the main extension in Four Mile Drive while still providing the necessary looping. Those alternatives could be addressed during review of the engineering plans for the water mains and implemented subject to the review and consent of the Kalispell Public Works Department. AzZ Engineering Response: This condition will be addressed in future phase 4 of the development. 8. Any water rights associated with the property shall be transferred to the City of Kalispell prior to final plat. AzZ Engineering Response: A search of the Montana DNRC water right query system using property geocode 07407736301ol0000 returns no records of water rights for the parcel. Therefore we are not aware of any water rights associated with the property that need to be transferred to the City. See attachments. g. A 30 foot easement shall be provided along the length of the northern property line of Lot 1o6 for a location complying with City Design and Construction Standards for future sanitary sewer and water main extensions to the west as shown on the water and wastewater facility plans. Additionally, the waterand sewermains within Treeline shall be laid out in a mannerto allowforthe future sanitary sewer force main provided for in the Wastewater Facility Plan Update (Project WW-M-ol). AzZ Engineering Response: Phase 3 is the subject of the current final platting request. The areas defined as "Lot 1o6" and "Treeline Road" in the preliminary plat are not within the area currently being final platted. lo. 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. AzZ Engineering Response: Enclosed is a copy of the public works conditional approval letter for the design of improvements in Phase 3. Construction of these improvements is completed. 11. Stormwater initiating within the northern half of Four Mile Drive adjacent to Bloomstone shall be treated and detained within the Bloomstone subdivision. AzZ Engineering Response: The stormwater design submittal for Phase 3 of Bloomstone included all affected portions of the northern half of Four Mile Drive. Enclosed is a copy of the public works conditional approval letter for the design of improvements in Phase 3. 12. 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. AzZ Engineering Response: Phase 3 of the Bloomstone Development is registered by both the MDEQ and the City under a current SWPPP. Copies of proof of those SWPPPs are enclosed. 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. AzZ Engineering Response: Construction of these improvements is partially completed so bonding is attached for the items that are still to be constructed. 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. A2Z Engineering Response: See the enclosed letter from Kalispell Public Works. 15. An updated Traffic Impact Study shall be completed prior to the final plat of Phase 3. Any recommendations from the study shall be implemented. A2Z Engineering Response: An updated Traffic Impact Study was completed and submitted to the city engineer. 16. The extension of Treeline Road shall be constructed per city standards as an urban collector, while Foxglove Drive shall be constructed as a local street. Both roads shall have three lanes at their intersections with Four Mile Drive. All other streets will be constructed to the appropriate city standards. A2Z Engineering Response: Foxglove Drive was designed and is being constructed as a local street. Foxglove Drive will have 3-lanes at the intersection with Four Mile Drive. The design and construction of Treeline Road will be addressed in the appropriate future phase. 17. Four Mile Drive will need to be improved to an urban standard along its frontage with Bloomstone, including a left turn land at both Treeline Road and Foxglove Drive. No additional public or private accesses are permitted onto Four Mile Drive other than Treeline Road and Foxglove Drive. Any additional right-of-way necessary for improvements shall be dedicated to the City. A2Z Engineering Response: These items will be addressed in the appropriate future phase of the Bloomstone development. 18. The construction of the extension of Foxglove Drive to Four Mile Drive shall occur as part of Phase 3, along with a portion of Waterleaf Lane. A temporary cul-de-sac shall be installed at the end of Waterleaf Lane. Phase 4 would include the extension of Treeline Road to Four Mile Drive, along with all of the required improvements in Four Mile Drive. Prior to final plat of Phase 4, all street improvements, including, but not limited to, the full street profiles and all water and sanitary sewer main extensions, shall be installed. A2Z Engineering Response: The design plans and the final plat of Phase 3 show the location of the temporary cul-de-sac as required. The items specified in Phase 4 will be address when that phase is developed. 19. 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. A2Z Engineering Response: An email from the city fire chief is enclosed addressing these items. 20. 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." A2Z Engineering Response: This statement has been shown on the submitted final plat. 21. 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. A2Z Engineering Response: The mail delivery site constructed in Bloomstone Phase 2 was intended to cover multiple subsequent phases of the project including Phase 3. A letter from the USPS postmaster is included addressing their approval. Please note that in the subject line of the letter, the postmaster errantly cites Phase 2, but in the letter itself he is approving Phase 3. 22. 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. A2Z Response: An approval letter from the Kalispell Parks and Recreation Director is included. 23. A parks plan for the areas designated as "park/walking trail" shall be approved by the Parks and Recreation Director, and the plan shall show that the parkland dedication requirement is met for each phase. A2Z Response: An approval letter from the Kalispell Parks and Recreation Director is included. 24. 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. A2Z Engineering Response: This statement is shown on the final plat. 25. 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. A2Z Engineering Response: This statement is shown on the final plat. 26. A sound study shall be submitted prior to construction showing the specific design for highway sound mitigation for the subdivision and that the design reduces the noise impacts to no more than 6o dBA at any lot line within the subdivision. The design of the noise mitigation measures shall be reviewed and approved by the City of Kalispell Architectural Review Committee prior to construction. The sound mitigation shall extend along the highway right-of-way from the southern end of the property to the north end of Bloomstone Phase 1 A -West. The measures shall be completed along the Phase 1 frontage prior to final plat of any additional phases. The remainder of the frontage shall be constructed in conjunction with the adjoining phase. However, if the sound study shows a 6ocIBA or lower level at any lot line being final platted, sound mitigation shall be developed regardless of whether that phase is adjoining the highway right-of-way or not. A2Z Engineering Response: All of the lots to be platted within Phase 3 are located beyond the 6o dBA noise level per previous sound studies submitted to and on file with the City. 27. A homeowner's association (HOA) shall be formed and established to provide for the maintenance of the common areas. AzZ Engineering Response: The HOA formed for previous phases of the Bloomstone Development will oversee this area as it is sold to private homeowners. 28. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. AzZ Engineering Response: Acknowledged. See the enclosed SIA for more information. 29. 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. AzZ Engineering Response: Acknowledged. 30. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. AzZ Engineering Response: Acknowledged and integrated into the city and MDEQ approved SWPPP. ORDINANCE NO. i635 AN ORDINANCE AUTHORIZING AND ADOPTING AN AMENDMENT TO THE SPRING PRAIRY PLANNED UNIT DEVELOPMENTAGEEMENT IN ASSOCIATION WITH THE CONSTRUCTION AND DEVELOPMENT OF BLOOMSTONE SUBDIVISION. 1. The Planned Unit Development for Bloomstone allows the following deviations from the Kalispell Subdivision Regulations and the Kalispell Zoning Ordinance: A. Kalispell Zoning Ordinance, Section 27.07.040 (1) (Minimum lot area) Allows the minimum lot area to be reduced from 6,000 square feet to 4,290 square feet for single-family lots. B. Kalispell Zoning Ordinance, Section 27.07.040 (z) (Minimum lot width) Allows the minimum lot width to be reduced from 50 feet to 40 feet for single-family lots. C. Kalispell Zoning Ordinance, Section 27.07.040 (3) (Minimum building setbacks) Allows zero side yard setbacks for the Z-lots. D. Kalispell Zoning Ordinance, Section 27.07.040 (3) (Front setback encroachment) Allows the front setback reduced to to feet. Such reduction shall only apply to the single family residential houses. The multi -family buildings would need to meet the 15-foot setback provided for in the R-4 zoning district. All garages shall be a minimum ofzo feet from the front property line except for garages on the Z-lots that are parallel to the adjacent street. These garages may be within to feet of the front property botmdary. E. Kalispell Zoning Ordinance, Section 27.07.040 (3) (Rear setback encroachment) Allows a 5 foot setback on the Z-lots where the lot size is less than 5,000 square feet. Garages may be constmcted within 5 feet of the rear property boundary on'ly if the garage doors do not face the alley. If garage doors are facing the alley then a minimum of to feet from the property line to the eave of the garage shall be required. F. Kalispell Zoning Ordinance, Section 27.07.040 (5) (Permitted lot coverage) Allows an increase to 54% lot coverage on the 6,000 square foot lots and only restricts lot coverage on the Z-lots as to construction within the required setbacks. G. Kalispell Zoning Ordinance, Section 27.24.050 (6) (Subdivision identification signs) Allows an increase in the number and size of subdivision identification signs within the project. The text and associated graphics for the two primary entry monument signs shall be a maximum of35 square feet, 3 Yzfeet tall and to feet long. The secondary monument signs shall have text and associated graphics no larger than 11h feet tall and 5 feetlong for a total of 7 liz square feet. The signs shall not exceed 6 feet in height and shan be located outside of site visibility triangles of the adjacent intersections. H.Kalispell Subdivision Regulations, Section 3.09 (Streets and Roads -Design Standards) Allows curb bulbs to be used at the intersection of local streets. I. Kalispell Subdivision Regulations, Section 3.09 (G) (Streets and Roads - Design Standards) Allows the north/south street in phase 3,shown as Juneberry Street on the conceptual site plan, to terminate in a private roadway. J. Kalispell Subdivision Regulations, Section 3.o6 (1) (Through lots) Allows 8 through lots in phase z, designated lots 1-8 as shown on the conceptual site plan. Referto condition z.H forfence height. AzZ Response: These deviations are acknowledged and incorporated as necessary into the design of Phase 3. z. The development of the 85.2 acre site shall substantially comply with the following maps and elevations submitted as part of the Planned Unit Development application: A. Conceptual Site Plan, Exhibit A-1 B. Data Table, Exhibit A-z Note: Off-street parking requirements shall meet the Kalispell Zoning Ordinance minimum requirements. C. Conceptual Phasing Plan, Exhibit D D. Single Family, Z-lot and Apartment Building elevations E. Lot Typicals, Exhibits E-1, E-z, E-3. F-1, and F-z Note: Building setbacks and lot coverage subject to approved PUD conditions. If a lot is located between a street and alley garages shall be located off of the alley. F. Conceptual Open Space and Landscape Plan, Exhibit H G. Pedestrian path detail between Bloomstone and Kids Sports complex H. Conceptual Fencing Plan, Exhibit I Note: Fencing along Treeline Road shall be a maximum of 3 !1.z feet and fencing on the north and south sides of phase 3 shall be removed. I. Conceptual Lighting Plan, Exhibit J-1 Note: All lighting must comply with Kalispell Zoning Ordinance J. Conceptual Entry and Fencing Themes, Exhibits T-1, T-z, T-3, T-4, T-5 K. Conceptual Trail Plan and Detail, Exhibits P-land P-z Note: Trail width shall be determined by the Parks and Recreation Department and trail construction shall meet city standards. L. Typical Street Details, Exhibits G-1, G-z, L-1, L-z. and L-3 Note: All roads shall be designed to meet the city's minimum roadway widths except as permitted through this PUD. Monument signs shall be located outside of the right-of-i way. AzZ Response: These deviations are acknowledged and incorporated as necessary into the design of Phase 3. 3. Development of the site shall adhere to the Bloomstone conceptual site plan. Note: The implementation of the conditions may result in the loss of dwelling units. AzZ Response: Acknowledged. 4. Upon submitting a preliminary plat application for phases 4 and 5 the developer shall provide further details for the future club house in phase 4 and community center in phase 5. The details shall include at a minimum the size, elevations, and floor plan of the buildings. AzZ Response: Not applicable to this submittal of final plat on Phase 3. 5. Prior to issuance of a building permit for the multifamily units in phases 1, 4 and 5 of the Bloomstone project, the developer shall provide the city with a trail connection plan for review and approval. The plan shall illustrate how trails and sidewalks within the development will connect with existing or future trails or sidewalks. AzZ Response: Not applicable to this submittal of final plat on Phase 3 which includes only single family residences. 6. Prior to final plat approval of phase z Treeline Road shall be extended to Four Mile Drive. That portion of Treeline Road from the south boundary of phase z, south to Four Mile Drive, shall be improved to provide an all weather access for emergency vehicles to travel on the roadway. AzZ Response: An approval from the Kalispell Fire Chief of the constructed all weather surface extending Treeline Road to Four Mile Drive was submitted as part of the Phase 2 final plat application. 7. Upon submitting a preliminary plat application for phase z the developer shall provide the city with a detailed grading plan and identify those areas that will need a retaining wall over 3 feet for phases z, 3, 4 and 5 including both the north and south sides of Four Mile Drive. These walls shall be subject to review by the city's site review committee for aesthetic purposes. Recommendations for aesthetic treatment of the retaining walls shall be forwarded on to the planning board and city council for consideration. Note: The subdivision and roadway grading presented shall be designed and constructed in a manner that would allow future connection to the properties south of Four Mile Drive be feasible. AzZ Response: The area of Bloomstone designated as "Phase z" in this submittal was originally cited as "Phase 1" in the PUD conditions of Ordinance 1635; so this condition is not applicable. 8. The internal streets proposed for the condominium project in phase 5 shall be required to include sidewalks on both sides unless a deviation from the city's street standards is requested. Garages for the condominium units shall be required to be a minimum of zo feet from the sidewalk or edge of curb to discourage vehicles encroaching on the sidewalk or street. AzZ Response: Not applicable to this submittal of final plat on Phase 3. g. The 11.3 acres immediately north of Bloomstone shall be shown us R-4/PUD zoned property under the ownership of the Department of Natural Resources and Conservation (DNRC) on all future preliminary and final plans unless instructed otherwise by the DNRC or City of Kalispell. AzZ Response: Acknowledged. lo. The power, phone, natural gas and cable television lines shall be located within the alley right-of-way. Where an alley is not adjacent to the lot the power, phone, natural gas and cable television lines shall be located within a separate 5-foot easement outside of the road right-of-way easement. AzZ Response: Enclosed is an approval from the Public Works Engineering Department for the submitted public infrastructure construction planset. 11. Staking by a licensed surveyor for each lot under 6,000 square feet shall be in place prior to and during construction of homes on the lots to assure setbacks are being met. Staking for building foundations shall be offset from the foundation to assure stakes are in place during and after excavation of the building pad. AzZ Response: Acknowledged. 12. Condominium or apartment association shall be created for the maintenance of the areas immediately surrounding the multi -family buildings in phase 1A, 4 and 5. AzZ Response: Not applicable to this submittal of final plat on Phase 3. 13. The developer shall provide the Parks and Recreation Department with a park improvement plan for the two tot lots in phase IA, health and fitness trail, and one acre park in phase 4. At a minimum the park improvement plans shall include trails connecting with adjoining trails or sidewalks, turf, irrigation, and landscaping within the parks and a Ramada for the tot lot in phase IA. The developer shall provide other park amenities including but not limited to security lighting, children's play equipment, benches. trash receptacles, and drinking fountains, where appropriate. The plan shall be reviewed and approved by the Parks and Recreation Department in conjunction with the Police Department for the. security lighting. AzZ Response: An approval letter from the Kalispell Parks and Recreation Director is included.. 14. Prior to the final plat of phase IA the developer shall provide the city with a cash in lieu payment of 5.55 acres of land less the area of parkland for phase 1A. At the time the city is prepared to acquire the 11.3 acres of land immediately north of the Bloomstone subdivision, the remaining 10.52 acres of land shall be provided as a letter of credit for the city to draw upon. The cash in lieu payment and letter of credit value shall be based on the unimproved fair market value of the land devoted to lots. Note: At the time the Department of Natural Resources and Conservation land is acquired the remaining letter of credit funds shall be drawn upon to complete park improvements per the schedule approved in the park master plan referenced in condition 15. AzZ Response: The city plans for a park upon the DNRC lands seems to have been reconsidered. 15. Prior to preliminary approval of phase z the Parks and Recreation Department in cooperation with the developer shall develop a park master plan for the 11.3 acre land immediately north of Bloomstone currently owned by the Department of Natural Resources and Conservation. The plan shall be implemented by the developer in a phasing schedule approved by the city council with input from the Parks and Recreation Department and planning board. Note: Development of the 11.3 acreland does not include the construction of a community center swimming pool or any otherfacility not agreed upon in the park master plan. AzZ Response: The city plans for a park upon the DNRC lands seems to have been reconsidered. 16. Specifications for the bike/pedestrian trail construction shall meet current city standards with the width of the trail determined by the Parks and Recreation Department. AzZ Response: An approval letter from the Kalispell Parks and Recreation Director is included. 17. A park maintenance district shall be formed in accordance with section 7-12-4001 MCA incorporating all the lots within the Bloomstone subdivision. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Such a district shall become effective upon recording the final plat of phases 1-5 of the Bloomstone subdivision. AzZ Response: An HOA has been formed and is presently working to maintain the parks. This HOA covers Phase 3 as well. As stated in condition number 18 (see below), a maintenance district can be formed if the HOA fails to operate properly. 18. In the event the Homeowners Association fails to maintain its properties, the park maintenance district program may be initiated by the city to provide maintenance for some or all of the public or private improvements. AzZ Response: Acknowledged. 19. The developer shall provide the Parks and Recreational Department a landscaping and irrigation plan for the common areas within the project site. The approved planting and irrigation plan shall be installed prior to final plat approval of the respective phase or appropriate bonding provided. AzZ Response: An approval letter from the Kalispell Parks and Recreation Director is included.. zo. A 3 1/2-foot tall vinyl fence shall be installed by the developer abutting the rear property boundary of lots 40- 46,59-65, and 99-105 of phase IA, lots 81A and 80 of phase IB, and lots 28A and lots 1-8 of phase z. All fencing shall be installed prior to final plat approval of the pertinent phase. AzZ Response: Acknowledged. 21. A note shall be placed on the final plat for phases IA, IB and z prohibiting the property owners of lots 40-46,59- 65, and 99-105 of phase IA, lots 81A and 80 of phase IB, and lots 28A and lots 1-8 of phase z from installing any additional rear yard fencing. A2Z Response: Acknowledged. 22. A note shall be placed on the final plat of each phase including alleys stating that the alleys shall be privately maintained. A2Z Response: Phase 3 final plat does not contain any alleys. 23. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal for each phase. The minimum of two-thirds of the necessary infrastructure shall include the extension of water and sewer mains to the site and the necessary upgrades to the existing sewer lines to transport effluent back to the city sewage treatment plant. A2Z Response: As of fall 2021 the developer has installed almost all of the water, sewer, and stormwater infrastructure. This level of effort constitutes at least 2/3rds of the necessary infrastructure. 24. The first phase, phase 1A, shall be filed within three years of approval of the effective date of the preliminary plat of phase 1A Each successive phase shall be filed within two years of final plat approval of the previous phase. In all events, each phase shall be freestanding in terms of public Infrastructure, services parks and open space. The city council may grant one year extensions for each phase of the project. A request for a one year extension must be made a minimum of 6o days prior to the expiration date of the phase. A2Z Response: Acknowledged. 25, That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms conditions and provisions of approval. The final plans approved, together with the conditions and restrictions imposed shall constitute the Planned Unit Development (PUD) zoning for the site. A2Z Response: Acknowledged. 26. A note shall be placed on the final plat of each phase of the development that all owners shall waive the right to protest an SID to upgrade Four Mile Drive from Stillwater Road to US Highway 93• A2Z Response: Since the time of the creation of this condition, Four Mile Drive has been improved from Stillwater Road to US Highway 93. Therefore the condition is no longer applicable. Please call me if you have any questions or concerns. Sincerely, Robert Smith, PE Project Engineer DocuSign Envelope ID: 90EAC9B3-EF58-4121-BA1 F-2591 BF5462F2 Development Services CITY of Department 201 East Kalispell, MT 59901KALISPELL Phone (406) 758-7940 FINAL PLAT Email: planning(Qkalispell.com Website: www.kalispell.com Project Name Bloomstone Phase 3 Property Address 1070 Treeline Road, Kalispell NAME OF APPLICANT Jim Davis, Owner / Manager Applicant Phone 1406.212.5133 Applicant Address 124 Swan Ridge Ct City, State, Zip Kalispell, MT 59901 Applicant Email Address skyviewjd@gmail.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Kalispell National Investment Co., LLC Owner Phone 406.212.5133 Owner Address 124 Swan Ridge Ct City, State, Zip Kalispell, MT 59901 Owner Email Address skyviewjd@gmail.com CONSULTANT (ARCHITECTIENGINEER) A2Z Engineering Phone 406.755.7888 Address 138 East Center Street, Suite A City, State, Zip Kalispell, MT 59901 Email Address rsmith@a2z-engineering.com POINT OF CONTACT FOR REVIEW COMMENTS Robert Smith, A2Z Engineering Phone 406.755.7888 Address 138 East Center Street, Suite A City, State, Zip Kalispell, MT 59901 Email Address rsmith@a2z-engineering.com List ALL owners (any individual or other entity with an ownership interest in the property): Legal Description (please attach a full legal description for the property and a copy of the most recent deed). Before the application will be deemed to be accepted for review, our office must receive an approval of the legal description from the Flathead County Plat Room. Please submit the legal description to their office (plat@flathead.mt.gov). DocuSign Envelope ID: 90EAC9B3-EF58-4121-BA1 F-2591 BF5462F2 Development Services CITY OF Department 201 East Kalispell, MT 59901KALISPELL Phone (406) 758-7940 1. Date of Preliminary Plat Approval February 1, 2021 (Res 46012) 2. Type of Subdivision: Residential Industrial Commercial.0 PLIED Other 3. Total number of lots in Subdivision: 47 4. Land in Project (acres) 10.218 5. Parkland (acres) 1.091 8. Number of lots by type: Single Family 47 Commercial/Industrial 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 engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blank statements stating, for example, "all improvements are in place" are not acceptable. 2. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. 3. Please verify the final plat with staff and submit to the county 509 committee prior to submitting mylars. REQUIRED SUBMITTALS Attached Not Applicable Cover letter addressing preliminary plat conditions w/ attachments x Title Report (Original, not more than 90 days old) x Tax Certification (Property Taxes must be paid) x Consent(s) to Plat (Originals and notarized) x Subdivision Improvement Agreement (Attach signed original & collateral) x Parkland Cash -in -lieu (Check attached) x Water rights transfer x Copy of CCR's x Plats (2 mylars & 1 electronic copy) - other attachments required per appendix D of subdivision regulations x I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be oocusignedd �by: present on the property for routine monitoring and inspection during the approval and development process. 2/15/2023 s e93r�1 Applicant ignature Date Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: Interstate Engineering FOR: Kalispell National Investment Co DESCP : Bloomstone Ph 3 36-29-22 YEARS 2019 thru 2021 2022 DATE : 2/9/2022 PURPOSE: Subdivision ASSESSOR # 0011734 same ( updated 2/28/2023 sc) I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. s rer INSURED TULES Insured Titles 44 4th Street West/P.O. Box 188 Kalispell, MT 59901 Phone: (406) 755-5028 I Fax: (406) 755-3299 PR: AFFGRP Final Invoice To: Point Arbor Inc. PO Box 329 Kila , MT 59920-0329 Attention: Jim Davis Your Ref.: RE: Property: Unknown, Kalispell, MT 59901 Buyers: Kalispell National Investment Company, L.L.C. Sellers: Invoice No.: Date: Our File No.: Title Officer: Escrow Officer: Customer ID: Liability Amounts Ofc: 0067(5255) 5255 - 671013615 02/13/2023 1025154-FT Sheri Smith 757893 Description of Charge Invoice Amount Work Charge update $50.00 Comments: INVOICE TOTAL $50.00 Thank you for your business! To assure proper credit, please send a copy of this Invoice and Payment to: Attention: Accounts Receivable Department LB# 1083, Insured Titles, PO Box 35146 Seattle, WA 98124-5146 Punted On: 02/13/2023, 2:54 PM Requester: ss Page: 1 GUARANTEE Issued by Insured Titles 44 41h Street West/P- O- Box 188, Kalispell MT 59901 Title Officer-- Sheri Smith Phone: (406)755-5028 FAX-- (406)755-3299 File No. 1025154-FT Cover Pa e FS� PM E0, CF 4 FirstAmerican Title" Form 5010500 (7-1-14) Guarantee Number: 501055-1025154-FT Guarantee Face Page Issued By FIRST AMERICAN TITLE INSURANCE COMPANY FrrstAmerrcan Title First American Title Insurance Company 1 left I Gllmwe. President Greg L Sm h. Secretary This jacket was created electronically and constitutes an original document File No. 1025154-FT Page 2 of 12 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 2. 2. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee GUARANTEE CONDITIONS AND STIPULATIONS DEFINITION OF TERMS. The following terms when used in the Guarantee mean: (a) the "Assured": the parry or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term 'land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice 3. NO DUTY TO DEFEND OR PROSECUTE. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED CLAIMANT TO COOPERATE. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of File No. 1025154-FT Page 3 of 12 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third parry, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosection of any litigation for which the Company has exercised its options under Paragraph 4. DETERMINATION AND EXTENT OF LIABILITY. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the File No. 1025154-FT Page 4 of 12 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) 8. 10 11 Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. PAYMENT OF LOSS. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. SUBROGATION UPON PAYMENT OR SETTLEMENT. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. ARBITRATION. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, California 92707. Phone:888-632-1642. File No. 1025154-FT Page 5 of 12 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 Subdivision Guarantee IF FirstAmerican Title Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5010500-1025154-FT Subdivision or Proposed Subdivision: Bloomstone, Phase 3 Order No.: 1025154-FT Reference No.: Fee: $150.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: Point Arbor Inc./Jim Davis FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: Legal Description attached hereto as Exhibit A, and by this referenced incorporated herein. (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: Kalispell National Investment Company, L.L.C., a Montana limited liability company (B) Parties holding liens or encumbrances on the title to said lands are: 2023 taxes and special assessments are an accruing lien, amounts not yet determined or payable. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year First Half / Status Second Half / Status Parcel Number Covers 2022 $1744.70 paid $1744.67 paid 0011734 premises and other property File No. 1025154-FT Page 6 of 12 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 Deed of Trust dated June 9, 2021, to secure an original indebtedness of $232,500.00, and any other amounts and/or obligations secured thereby Recorded: June 10, 2021, as Instrument No. 2021-000-19962 Grantor: Kalispell National Investment Company, L.L.C. Trustee: Insured Titles Beneficiary: Glacier Bank (Covers a portion of premises and other property) (C) Easements, claims of easements and restriction agreements of record are: 3. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. 4. Resolution by the State Highway Commission of the State of Montana for Designation of Limited Access Highway, recorded December 6, 1989, as Doc. No. 1989-340-09150. Resolution by the Transportation Commission of the State of Montana for Designation of Limited Access Highway, recorded November 14, 1997, as Doc. No. 1997-318-10050. Amended Resolution Designation of Controlled Access Highway and Facility, recorded October 8, 2004, as Doc. No. 2004-282-08180. Amended Resolution Designation of Controlled Access Highway and Facility, recorded February 11, 2010, as Doc. No. 2010-000-03450. 6. Resolution No. 4661 by the City Council of the City of Kalispell for annexation, recorded November 2, 2001, as Doc. No. 2001-306-09060, and re -recorded January 15, 2002, as Doc. No. 2002-015-11150. 7. Terms and Conditions of Ordinance No. 1404 approving a Planned Unit Development and Declaration of Covenants, Conditions, and Restrictions, recorded January 15, 2002, as Doc. No. 2002-015-11180. 8. Reservations contained in Deed. In favor of: State of Montana Recorded: July 19, 2006, as Doc. No. 2006-200-15460 As follows: the right to enter upon said land, to prospect for, develop, mine and remove such mineral deposits therefrom 9. Ordinance No. 1635 authorizing and adopting an amendment to the Spring Prairie Planned Unit Development Agreement in association with the construction and development of Bloomstone Subdivision, recorded July 14, 2008, as Doc. No. 2008-000-19710. 10. Ordinance No. 1657 authorizing and adopting an amendment to the Spring Prairie Planned Unit Development Agreement in association with the construction and development of the emergency operation center, recorded April 21, 2009, as Doc. No. 2009-000-11170. 11. Amendment to Latecomers Agreement for Reimbursement for Municipal Water and Sewer System Extensions between Owl Corporation AND the City of Kalispell, recorded May 18, 2011, as Doc. No. 2011-000-10329. Memorandum of Understanding recorded August 16, 2011, as Doc. No. 2011-000-16731. File No. 1025154-FT Page 7 of 12 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 12. A right of first refusal in favor of Treeline Village, LLC, a Montana limited liability company recorded April 27, 2015 , Doc. No. 2015-000-07928. (Premises and other property) 13. Covenants, Conditions and Restrictions recorded March 23, 2017 as Doc. No. 2017-000-05996, but omitting any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status, or national origin to the extent that such covenants, conditions or restrictions violate 42 USC 3604(c). 14. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by the recorded plat of Bloomstone, Phase 2, recorded August 14, 2018, as instrument number as Doc. No. 2018-000-18954. 15. Resolution No. 5840 for preliminary approval of Bloomstone Phase 2-6 filed August 14, 2018, as Doc. No. 2018-000-18954. 16. Assignment attached to the Plat of Bloomstone Phase 2 and recorded August 14, 2018, as Doc. No. 2018-000-18954. 17. Resolution No. 5895 executed by the City of Kalispell filed August 23, 2018, as Doc. No. 2018-000- 19862. Date of Guarantee: February 03, 2023 at 7:30 A.M. Insured Titles By: Authorized Countersignature File No. 1025154-FT Page 8 of 12 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 EXHIBIT A THAT PORTION OF THE SW1/4 OF SECTION 36, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER 1/4 CORNER OF SECTION 36; THENCE ALONG THE EAST LINE OF THE SW1/4 OF SECTION 36, SOUTH 00°04'04" EAST 940.10 FEET; THENCE NORTH 89048'52" WEST 24.85 FEET; THENCE SOUTH 00004'05" EAST 237.97 FEET TO THE SOUTHEAST CORNER OF BLOOMSTONE, PHASE 2, RECORDS OF FLATHEAD COUNTY, MONTANA, AND THE POINT OF BEGINNING; THENCE SOUTH 00004'05" EAST 1416.78 FEET TO THE NORTHERLY RIGHT OF WAY OF FOUR MILE DRIVE; THENCE ALONG SAID RIGHT OF WAY THROUGH THE FOLLOWING TWO (2) COURSES: SOUTH 88037'05" WEST 16.12 FEET TO A POINT ON A 8144.08 FOOT RADIUS CURVE, CONCAVE NORTHERLY, WHOSE CENTER BEARS NORTH 01018'51" WEST; THENCE WESTERLY ALONG THE CURVE THROUGH A CENTRAL ANGLE OF 01055'37" ALONG AN ARC LENGTH OF 273.90 FEET; THENCE LEAVING SAID RIGHT OF WAY, NORTH 00004'05" WEST 1153.50 FEET; THENCE SOUTH 89055'55" WEST 120.00 FEET; THENCE NORTH 00004'05" WEST 100.00 FEET; THENCE SOUTH 89055'55" WEST 20.00 FEET; THENCE NORTH 00004'05" WEST 160.00 FEET TO THE SOUTH BOUNDARY OF THE ABOVE SAID BLOOMSTONE, PHASE 2; THENCE ALONG SAID SOUTH BOUNDARY THROUGH THE FOLLOWING THREE (3) COURSES: NORTH 89055'55" EAST 240.00 FEET, NORTH 85010'06" EAST 60.21 FEET, AND NORTH 89055'55" EAST 130.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AS BLOOMSTONE, PHASE 3. File No. 1025154-FT Page 9 of 12 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 Fi-.tA..,,ia. 7—Itle— Privacy Notice Effective: October 1, 2019 Notice Last Updated: January 1, 2021 This Privacy Notice describes how First American Financial Corporation and its subsidiaries and affiliates (together referred to as "First American," "we," "us," or "our' collect, use, store, and share your information. This Privacy Notice applies to information we receive from you offline only, as well as from third parties, when you interact with us and/or use and access our services and products ("Products'. For more information about our privacy practices, including our online practices, please visit https://www.firstam.com/privacy-policy. The practices described in this Privacy Notice are subject to applicable laws in the places in which we operate. What Tvpe of Information Do We Collect About You? We collect a variety of categories of information about you. To learn more about the categories of information we collect, please visit https://www.firstam.com/lprivacy- policy/. How Do We Collect Your Information? We collect your information: (1) directly from you; (2) automatically when you interact with us; and (3) from third parties, including business parties and affiliates. How Do We Use Your Information? We may use your information in a variety of ways, including but not limited to providing the services you have requested, fulfilling your transactions, comply with relevant laws and our policies, and handling a claim. To learn more about how we may use your information, please visit htti)s://www.firstam.com/i)rivacy-i)olicy/. How Do we Share Your Information? We do not sell your personal information. We only share your information, including to subsidiaries, affiliates, and to unaffiliated third parties: (1) with your consent; (2) in a business transfer; (3) to service providers; and (4) for legal process and protection. To learn more about how we share your information, please visit https://www.firstam.com/privacypolicy/. How Do We Store and Protect your Information? The security of your information is important to us. That is why we take commercially reasonable steps to make sure your information is protected. We use our best efforts to maintain commercially reasonable technical, organizational, and physical safeguards, consistent with applicable law, to protect your information. How Lona Do We Keep Your Information? We keep your information for as long as necessary in accordance with the purpose for which it was collected, our business needs, and our legal and regulatory obligations. Your Choices We provide you the ability to exercise certain controls and choices regarding our collection, use, storage, and sharing of your information. You can learn more about your choices by visiting https://www.firstam.com/privacy-policy/. International Jurisdictions: Our Products are offered in the United States of America (US), and are subject to US federal, state, and local law. If you are accessing the Products from another country, please be advised that you may be transferring your information to us in the US, and you consent to that transfer and use of your information in accordance with this Privacy Notice. You also agree to abide by the applicable laws of applicable US federal, state, and local laws concerning your use of the Products, and your agreements with us. We may change this Privacy Notice from time to time. Any and all changes to this Privacy Notice will be reflected on this page, and where appropriate provided in person or by another electronic method. YOUR CONTINUED USE, ACCESS, OR INTERACTION WITH OUR PRODUCTS OR YOUR CONTINUED COMMUNICATIONS WITH US AFTER THIS NOTICE HAS BEEN PROVIDED TO YOU WILL REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY NOTICE. Contact us dataprivacy@firstam.com or toll free at 1-866-718-0097. @ 2020 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF Form 10-PRIVACY20 (12-18-20) Page 1 of 2 1 Privacy Notice (2020 First American Financial Corporation) English Fir-stAmerican 771tfe- For California Residents If you are a California resident, you may have certain rights under California law, including but not limited to the California Consumer Privacy Act of 2018 ("CCPA'. All phrases used in this section shall have the same meaning as those phrases are used under California law, including the CCPA. Riaht to Know. You have a right to request that we disclose the following information to you: (1) the categories of personal information we have collected about or from you; (2) the categories of sources from which the personal information was collected; (3) the business or commercial purpose for such collection and/or disclosure (4) the categories of third parties with whom we have shared your personal information; and (5) the specific pieces of your personal information we have collected. To submit a verified request for this information, go to our online privacy policy at www.firstam.com/privacy-policy to submit your request or call toll -free at 1-866-718-0097. You may also designate an authorized agent to submit a request on your behalf by going to our online policy at www.firstam.com/privacy-policy to submit your request or by calling toll -free at 1-866-718-0097. Riaht of Deletion. You also have a right to request that we delete the personal information we have collected from and about you. This right is subject to certain exceptions available under the CCPA and other applicable law. To submit a verified request for deletion, go to our online privacy policy at www.firstam.com/privacy-policy to submit your request or call toll -free at 1-866-718-0097. You may also designate an authorized agent to submit a request on your behalf by going to our online privacy policy at www.firstam.com/privacy-policy to submit your request or by calling toll -free at 1-866-718-0097. Verification Process. For either a request to know or delete, we will verify your identity before responding to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the information requested, we may also utilize more stringent verification methods to verify your identity, including but not limited to requesting additional information from you and/or requiring you to sign a declaration under penalty of perjury. Notice of Sale. We do not sell California resident information, nor have we sold California resident information in the past 12 months. We have no actual knowledge of selling the information of minors under the age of 16. Right of Non -Discrimination. You have a right to exercise your rights under California law, including under the CCPA, without suffering discrimination. Accordingly, First American will not discriminate against you in any way if you choose to exercise your rights under the CCPA. Notice of Collection. To learn more about the categories of personal information we have collected about California Residents over the last 12 months, please see "What Information Do We Collect About You" in www.firstam.com/privacy-policy. To learn about the sources from which we collected that information, the business and commercial purpose for is collection, and the categories of third parties with whom we have shared that information, please see "How Do We Collect Your Information', "How Do We Use Your Information", and "How Do We Share Your Information" in www.firstam.com/privacy-policy. Notice of Sale. We have not sold the personal information of California residents in the past 12 months. Notice of Disclosure. To learn more about the categories of personal information we may have disclosed about California residents in the past 12 months, please see "How Do We Use Your Information", and "How Do We Share Your Information" in www.firstam.com/privacy-policy. © 2020 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF Form 10 PRIVACY20 (12-18-20) Page 2 of 2 Privacy Notice (2020 First American Financial Corporation) English CONCENT TO PLATTING AND DEDICATION: Pursuant to 76-3-612, M.C.A. the undersigned Glacier Bank, Beneficiary under that certain Deed of Trust identified as follows: Dated / Recorded: .............................. June 9, 2021 June 10, 2021 Trustor/Grantor:.................................Kalispell National Investment Company, L.L.C. Instrument Number: ...................... - — Signature an itle 2021-000-19962 Dave J. McNutt 5/09/2023 Printed Name & Date Does hereby join in and consent to the platting of the described lands in attached EXHIBIT A, located in Flathead County, Montana, a portion of which lands are subject to the lien of the above referenced Beneficiary: Acknowledgement * * * * * * * * STATE OF MONTANA COUNTY OF Flathead On this 9'h day of May , 2023, before me, a Notary Public for the State of Montana, personally appeared Dave J. McNutt , whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WREOF, l have hereunto set my hand and affixed my Notarial Seal this day and year first abowr Notag 'ubW Pr' ed Name esiding at _ My Comm, & the State of Montana s @y KATHERINE BYRNE 4a�N1NE �T NosAR, NOTARY PUBLIC for the * SEA�Lt * State of Montana Residing at KelispeR Montana p�P N9OF My Commission Expires M4" July 28, 2026 EXHIBIT A BLOOMSTONE PHASE 3 LEGAL DESCRIPTION - PERIMETER The below described tract of land is to be known and designated as Bloomstone Phase 3: That portion of the SWIA of Section 36, Township 29 North, Range 22 West, P.M.,M., Flathead County, Montana, described as follows: Commencing at the Center'/a Corner of Section 36; Thence along the East line of the SW 114 of Section 36, South 00°04'04" East 940.10 feet; Thence North 89°48'52" West 24.85 feet; Thence South 00°04'05" East 237.97 feet to the Southeast Corner of Bloomstone, Phase 2, records of Flathead County, Montana, and the POINT OF BEGINNING; Thence South 00°04'05" East 1416.78 feet to the Northerly right of way of Four Mile Drive; Thence along said right of way through the following two (2) courses: South 88°37'05" West 16.12 feet to a point on 8144.08 foot radius curve, concave Northerly, whose center bears North 01018151" West; Thence Westerly along the curve through a central angle of 01 155'37" along an arc length of 273.90 feet; Thence leaving said right of way, North 00004105" West 1153.50 feet; Thence South 89°55'55" West 120.00 feet; Thence North 00°04'05" West 100.00 feet; Thence South 89°55'55" West 20.00 feet; Thence North 00004'05" West 160.00 feet to the South boundary of the above said Bloomstone, Phase 2; Thence along said South boundary through the following three (3) courses: North 89°55'55" East 240.00 feet, North 85010'06" East 60.21 feet, and North 89055'55" East 130.00 feet to the Point of Beginning, containing 10.218 acres of land, all as shown hereon. Subject to and together with easements as shown. Subject to and together with easements of record. CITY OF )For KALISPELL June 21, 2021 Rob Smith, PE Project Engineer A2Z Engineering 138 East Center St Kalispell, MT 59901 Re: Bloomstone Phase 3 Dear Mr. Smith, Thank you for your plan submittal. The City of Kalispell has reviewed the plans and supporting documents submitted 6/10/21 for the above referenced project. This project is hereby conditionally approved contingent upon the following items which must be completed prior to commencement of construction: Conditions of Approval: 1. Provide an updated copy of the full stormwater report for the project. 2. Provide the original Waiver of SID for recording with the County. If the County rejects the Waiver of SID due to form or legal description, an acceptable Waiver of SID must be filed with the County prior to approval of Final Plat. 3. Modify the note on Sheet R12 from "orange" curb paint to "yellow". 4. Add a 7' dimension to the bottom of the No Parking Here to Corner sign on Sheet R9. 5. On sheet W2, per the previous comment, a note was added to specify the coupling to be used to connect to the existing water main for extension with this phase of the subdivision. Per Section 5.2.22 a Romac Macro may be used or an approved equal. As an alternative, a solid sleeve coupling may be used. It appears the coupling specified in the updated note is intended for sewer mains. Clarify either Romac Macro or Solid Sleeve coupling in the final plan set. 6. After changes in items 2-5 above are made, submit a final full plan set to be used for construction. 7. One deviation to standards Section 7.2.3 (the wrong section was noted in the deviation request) is approved allowing Kanaflex steel reinforced HDPE pipe to be used for storm sewer. No other changes to approved plans or City Standards are approved. Any additional changes must be submitted to Public Works Engineering for approval prior to construction. 8. Submit a copy of the MDEQ Approval for Phase 3 to Public Works. 201 Pt Avenue E IPhone (406)758-7720 Po Box 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 1 www.kalispell.com Other: The amended TIS is still under review and may require further modifications. Although the amendment to the TIS is deemed acceptable for Phase 3, future phases may require additional transportation mitigation and/or updates/amendments to the TIS. Of particular concern, the intersections of Treeline Road and Foxglove Drive with Four Mile Drive with a LOS of D and no Pre/Post LOS determination for Northland Drive and Four Mile Drive. 2. This approval is for the Public Works Department only and does not necessitate full City approval. If additional approvals from other City Departments are required, they should continue to be pursued. 3. If any portions of the design or construction are determined to be in conflict with the conditions of this approval or the Design and Construction Standards, Public Works shall immediately be notified and efforts to correct such conflict shall be approved by Public Works prior to commencement of construction. 4. 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 and approval prior to construction. 5. Traffic and Pedestrian Control plans must be submitted as part of the right-of-way permit and shall incorporate all phases of construction (water, sewer, street, etc.). 6. Contact Mark Crowley at 758-7776 or mcrowleykkalispell.com to schedule a Preconstruction Meeting prior to commencement of construction. 7. A Construction Stormwater Permit appears to have already been approved for the project. However, a right-of-way permit must be obtained by the prime contractor for the project via the City's website. We look forward to working with you on this project. Sincerely, Keith Haskins, PE City Engineer CC: Mark Crowley — Construction Manager PJ Sorensen — Senior Planner Jacqueline Kuhl, PE - MDEQ Page 2 of 2 Montana Department of Environmental Quality July 1, 2021 Robert Smith, PE A2Z Engineering, PLLC 138 E. Center St., STE A Kalispell, MT 59901 Re: City of Kalispell — PWSID#MT000259 Bloomstone Phase 3— Water & Sanitary Sewer Main Extensions EQ#21-2207 Approval Dear Mr. Smith: Thank you for the plans and specifications and engineering report for the proposed water and sewer main extensions associated with the Bloomstone Phase 3 subdivision in Kalispell, received April 16, 2021, under the Professional Engineer's seal of Robert Smith, #12592PE. Additional information was requested and received on June 29, 2021. The proposed water and sewer extension was reviewed in accordance with Circular DEQ-1 design standards, 2018 Edition and Circular DEQ-2 design standards, 2016 Edition. City of Kalispell approval was received on June 21, 2021. The Bloomstone Phase 3 subdivision received approval of the Municipal Facility Exclusion on July 01, 2021. As such, the City of Kalispell is responsible for the on -site storm water runoff review within this development. The plans and specifications for the water and sanitary sewer mains proposed in Bloomstone Phase 3 subdivision, received June 29, 2021, are hereby approved. One copy of the plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. A second set will be retained as Department Record. Bloomstone Phase 3 proposes 47 single family residential lots along Foxglove Drive. The water main extension includes installation of: approximately 1130 feet of 8-inch diameter water main (C900 PVC, DR18), 760 feet of 16-inch diameter water main (C900 PVC, DR18), 15 gate valves, four fire hydrant assemblies, one fire hydrant lowering, two connections to the existing water main in Foxglove Drive to form a looped distribution system. 47 residential service connections will be installed as a part of this phase. Fire hydrant flow testing and water modeling illustrate that fire flow capacity of exceeds the 1000 gpm at 20 psi requirement. The sanitary sewer main extension includes installation of: approximately 1,855 feet of 8-inch diameter gravity sewer main (SDR 35 PVC), 7 new manholes and connection to existing manhole in Foxglove Drive. 47 residential service connections are planned as a part of this phase. Greg Gianforte, Governor I Chris Dorrington, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov City of Kalispell — PWSID#MT000259 Bloomstone Phase 3 — Water & Sanitary Sewer Main Extensions EQ#21-2207 Approval July 1, 2021 Page 2 of 2 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) 444-2626 or Jackie.Kuhl(c mt.gov ini y, euv rye Kuhl, P.E. ing Bureau If you have any further questions, please contact pies: Keith Haskins, City of Kalispell Public Works, 201 1 st Avenue E, Kalispell, MT 59903 Wendee Jacobs, Flathead County Environmental Health File EQ#21-2207 CITY OF )For KALISPELL May 9, 2023 Robert Smith, PE Project Engineer A2Z Engineering 138 E Center St, Suite A Kalispell, MT 59901 Re: Final Plat Conditions for Bloomstone Phase 3 Dear Smith, 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 6012. The following conditions require Public Works approval and appear to be applicable to the Final Plat of Phase 3 of the Bloomstone 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. Conditional approval for the subdivision was granted on 6-21-21. Condition 4 of the preliminary plat conditions shall hereby be considered satisfied. Condition 5: "Water and sewer main extensions shall be designed and constructed in accordance with the City ofKalispell's Standards for Design and Construction and in compliance with the city's facilities update and extension ofservices plans. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built and tested as designed and approved. " See comment for Condition 4. A certification letter for the water and sewer mains was provided by Rob Smith (engineer of record for the project) on 2-14-23. Condition 5 of the preliminary plat conditions shall hereby be considered satisfied. 201 1' Avenue E Phone (406)758-7720 Po Box 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 1 www.kalispell.eom 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 June 21, 2021. MDEQ approval was obtained on July 1, 2021. Both approvals were received prior to commencement of construction. Condition 6 of the preliminary plat conditions shall hereby be considered satisfied. Condition 7: The extension from the location of the existing water main in Treeline Road to the south within Treeline Road connecting to Four Mile Drive and to the east in Four Mile Drive shall be completed prior to the final plat ofphase 4. The water main within Treeline Road and Four Mile Drive shall be sized in accordance with the Water Facility Plan. There are possible alternatives to routing the main extension in Four Mile Drive while still providing the necessary looping. Those alternatives could be addressed during review of the engineering plans for the water mains and implemented subject to the review and consent of the Kalispell Public Works Department. These improvements were not included in this phase of development and will be required with the next phase. Condition 7 has not been satisfied with Phase 3 and will be required to be satisfied with the next phase (Phase 4). Condition 8: Any water rights associated with the property shall be transferred to the City of Kalispell prior to final plat. A search of the DNRC Water Rights Query System did not find any associated water rights. Condition 8 of the preliminary plat conditions shall hereby be considered satisfied. Page 2 of 7 Condition 9: A 30 foot easement shall be provided along the length of the northern property line ofLot 106 for a location complying with City Design and Construction Standards for future sanitary sewer and water main extensions to the west as shown on the water and wastewater facility plans. Additionally, the water and sewer mains within Treeline shall be laid out in a manner to allow for the facture sanitary sewer force main provide for in the Wastewater Facility Plan Update (Project WW-M-01). Lot 106 is not included in Phase 3 of the development and the extension of Treeline Road is also not included in Phase 3. However, the force main alignment has been secured within existing right-of-way in Four Mile Drive and will no longer need to be considered in the design of Treeline Road or Lot 106. However, Lot 106 will still need to accommodate a future water main extension. Condition 9 is not satisfied with Phase 3, nor required to be satisfied with Phase 3. This condition will be reevaluated with future phases of development. Condition 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. A stormwater report reviewed in correspondence with City of Kalispell Standards for Design and Construction and was approved by Public Works on 6-21-21. Condition 10 of the preliminary plat conditions shall hereby be considered satisfied. Condition 11: Stormwater initiating within the northern halfofFour Mile Drive adjacent to Bloomstone shall be treated and detained within the Bloomstone subdivision. A catch basin was installed on the west side of Foxglove Drive to capture flow from the north side of Four Mile Drive and divert it to the Infiltration Basin for treatment and detention. Condition 11 of the preliminary plat conditions shall hereby be considered satisfied. Condition 12: The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. City of Kalispell Construction Stormwater Permit SW21-0058 and MDEQ SWPPP Permit MTR108892 were approved and issued for construction activities. Condition 12 of the preliminary plat conditions shall hereby be considered satisfied. Page 3 of 7 Condition 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. A performance bond is in place to cover work not yet completed in the right-of-way which currently includes street striping, street lights, and sign posts among other things. Once the items listed on the performance bond have been installed, a warranty bond will be issued starting the warranty period. Condition 13 of the preliminary plat conditions shall hereby be considered satisfied. Condition 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. All easements and right-of-way indicated on the draft dated 3-5-23 are in accordance with city standards and allow for logical extension of utilities. Condition 14 of the preliminary plat conditions shall hereby be considered satisfied. Condition 15: An updated Traffic Impact Study shall be completed prior to the final plat of Phase 3. Any recommendations from the study shall be implemented. The update to the TIS did not include recommended improvements for the intersection of Four Mile Drive and Foxglove Drive. However, the level of service (LOS) drops from a LOS C to a LOS D in analysis year 2031. Therefore, some mitigation should be required. Since the future distributions of traffic from future phases will utilize Foxglove, they should be mitigated at that time. Condition 15 of the preliminary plat conditions is currently satisfied and will require further analysis with future phases. Condition 16: The extension of Treeline Road shall be constructed per city standards as an urban collector, while Foxglove Drive shall be constructed as a local street. Both roads shall have three lanes at their intersections with Four Mile Drive. All other streets will be constructed to the appropriate city standards. Treeline will be designed with future phases of development. Foxglove was designed with three lanes at its intersection with Four Mile Drive. Condition 16 of the preliminary plat conditions shall hereby be considered satisfied. Page 4 of 7 Condition 17: Four Mile Drive will need to be improved to an urban standard along its frontage with Bloomstone, including a left turn lane at both Treeline Road and Foxglove Drive. No additional public or private accesses are permitted onto Four Mile Drive other than Treeline Road and Foxglove Drive. Any additional right-of-way necessary for improvements shall be dedicated to the City. Four Mile Drive will be improved with future phases of development. This condition will be revisited with future applications for final plat. Condition 17 of the preliminary plat conditions is not currently satisfied and will require further analysis with future phases. Condition 18: The construction of the extension of Foxglove Drive to Four Mile Drive shall occur as part of Phase 3, along with a portion of WaterleafLane. A temporary cul-de-sac shall be installed at the end of WaterleafLane. Phase 4 would include the extension of Treeline Road to Four Mile Drive, along with all of the required improvements in Four Mile Drive. Prior to final plat of Phase 4, all street improvements, including, but not limited to, the full street profiles and all water and sanitary sewer extensions, shall be satisfied. Waterleaf Lane includes a temporary cul-de-sac as specified in this condition and Foxglove Drive has been extended to intersect with Four Mile Drive as part of this phase. Other items required in this condition will occur with Phase 4. Condition 18 of the preliminary plat conditions is partially satisfied but will require future actions with Phase 4. Applicable portions of the conditions required to be completed as part of this phase shall hereby be considered satisfied. Condition 25: 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. This note appears on the face of the first page of the final plat as required. Condition 25 of the preliminary plat conditions shall hereby be considered satisfied. Condition 29: All utilities shall be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. This note appears on the face of the first page of the final plat. Additionally, all plans reviewed and approved included only underground utilities, and onsite construction inspection has included only underground utilities. Condition 29 of the preliminary plat conditions shall hereby be considered satisfied. Page 6 of 7 Sincerely, Keith "kins, Deputy Director of Public Works / City Engineer CC: PJ Sorenson, Esq. — Senior Planner Page 7 of 7 April 23, 2021 James Davis 124 Swan Ridge Ct. Kalispell, MT 59901 Re: Approval letter for City Stormwater Management Permit Number SW21-0058 for project site: 1070 TREELINE RD Dear Permittee: As of July 17th, 2017, all stormwater permits must be reviewed and approved before the commencement of any land disturbing activity. This letter serves as an approval letter to begin land disturbance for the above -referenced project site. You are required to: (1) Implement the City Stormwater Management Plan prior to any land disturbance (2) Develop and maintain best management practices (3) Terminate the permit once the site is properly stabilized To keep track of current projects, yearly renewal is required. If your project will continue past December 31 st of the current year, permit renewal is required. Failure to renew your permit before January 1 st of next year may incur a late fee. Please review and follow the City Stormwater Management Ordinance 1600 (www.kalispell.com) and the Erosion and Sediment Control Best Management Practices Reference Manual (www.mdt.mt.gov/research/projects/env/erosion.shtml). Note: This permit is separate from any permit required by other governmental agencies and does not waive any obligation by you to obtain other permits or approvals that may be required. If you have any questions, please call 406-758-5705 or email clewis .kalispell.com. Sincerely, Casey Lewis Environmental Specialist Public Works Department City of Kalispell 201 1st Avenue East, P.O. Box 1997, Kalispell, MT 59903 -Phone (406) 758-7720 -Fax (406) 758-7831, www.kalispell.com D E AQdOM%%W� Montana Department of Environmental Quality April 20, 2021 James Davis Solid Ground Development LLC 124 Swan Ridge Court Kalispell, MT 59901 RE: Confirmation Letter, Notice of Intent (NOI) MTR108892, Bloomstone Development Effective January 1, 2021 a sign or other form of notice to publicly display confirmation of coverage is required on site. Dear James Davis: The Department of Environmental Quality (DEQ) acknowledges the receipt of your complete application package (NOI and SWPPP) to discharge under the January 01, 2018, General Permit for Storm Water Discharges Associated with Construction Activity (SWC-GP) on. Your authorization number under the SWC-GP is MTR108892. Please include this number on any correspondence with DEQ regarding this site. This letter confirms only that a complete NOI has been received. DEQ does not assess the validity of the information you provided other than project location as it relates to sage grouse habitat. Your signature on the NOI certifies that you have read, understand, and are implementing all applicable requirements. Specifically, the SWC-GP: Requires implementation of a Storm Water Pollution Prevention Plan (SWPPP), Defines the inspection process, and Defines record keeping requirements (refer to Part 2.5 of the General Permit). The SWC-GP and additional guidance materials can be viewed and downloaded from out FACTS page at http://deq.mt.gov/Public/FACTS or the MT DEQ website at http://deq.mt.gov/Water/StorinWater/StorinSystems. Authorization under the SWC-GP remains in effect until you submit a complete Notice of Termination (NOT). Your signature on the NOT certifies that you have achieved final stabilization, removed your temporary Best Management Practices, and have paid all applicable fees. All effective authorizations are assessed annual fees each calendar year until a complete NOT is received. Coverage under the SWC-GP does not waive your obligation to obtain coverage under other applicable permits. if you have questions regarding SWC-GP requirements, please contact me at (406) 444-0574 or via email catherine.culver@mt.gov. Sincerely, Ck�- awu Cathy Culver Data Control Tech CITY OF KALISPELL June 25, 2021 Kalispell Planning Department Attn: PJ Sorenson P.O. Box 1997 Kalispell, MT 59901 Phone: (406) 758-7932 Re: Bloomstone 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 approval on the proposed landscaping plans for Bloomstone Phase III, per plans submitted by A2Z on April 29,2022. It is agreed that if the project is extended, the developer will be responsible for submitting bonding for the remaining improvements as specified on the submitted plan for Bloomstone 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. Developers landscape contractor to contact our Parks Superintendent prior to any tree plantings about proper planting protocols and set inspection dates and times. Rock in the boulevards and adjacent to the public way is not permitted. Any landscape revisions or substitutions need to be authorized prior to installation. Parkland dedication/improvements for Phase III are also approved per the plans submitted on 5/16/2022. Full irrigation plans were not reviewed for this phase. Future phases will require a full irrigation plan and details to be submitted for review. Irrigation for the park will need to extend to the furthest limits of all sides of the park area with head -to -head coverage. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings, and other amenities at which time any bonding that has been submitted will be released after acceptance completed landscaping. It should be noted that the trees and landscaping are under a 2-warranty period and should they die within this time frame, the developer will be responsible for replacement. Our warranty period will not begin till our arborists accepts them meeting ISA standards, our landscape ordinance, and our forestry ordinance. If you have any concerns or questions, please give me a call. Sincerely, 0 r_-- - � Chad Fincher, Parks and Recreation Director Kalispell Parks and Recreation € rry S]k' KALISTIOWEPARTMENT Dan Pearce — Fire Chief PO Box 1997 Jessica Kinzer Assistant Chief 312 First Avenue East Cec Lee —Fire Secretary Kalispell, Montana 59901 Phone: (406) 758-7760 FAX: (406) 758-7777 Re: Bloomstone (Phase 3) Fire Hydrant Locations April 27, 2023 Upon review of the Fire Hydrant Exhibit plan submitted to Kalispell Fire Department for Bloomstone-Phase 3 (A2Z Engineering, Plan Sheet F2, record drawing date of 06/22/2021), 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 community with the highest level ofprofessionalisnz " Montana Department Q�A'dlmft'h, of Environmental Quality August 10, 2021 Robert Smith A2Z Engineering PLC 138 East Center Suite A Kalispell MT 59901 RE: Bloomstone Phases 3 Municipal Facilities Exclusion EQ# 21-2590 City of Kalispell Flathead County Dear Mr. Smith; 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 Vaen extew-ions of municipal facilities for the supply of NNatcr 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. Bloomstone Phases 3 Municipal Facilities Exclusion will consist of Lots 55 — 101, 47 Single Family Lots. Sincerely, Ke ;An Smith Department of Environmental Quality Bureau Chief Engineering Uwreau (406) ,144-1277 Email .':smith mt. ov cc: City Engineer County Sanitarian Owner file Greg Gianforte, Governor I Chris Dorrington, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov UNITED STATES J POST13L SERVICE Robert Smith PE Jim Davis Developer 138 E. Center St. Suite A Kalispell, MT 59901 May 2, 2021 REF: Bloomstone Development, Phase 2 Kalispell, MT 59901 Rob - I have looked at the Bloomstone Development, Phase 2 and agree to the placement of the CBU's as shown on the PLAT. I have a signed Mode of Delivery Agreement with Developer Jim Davis for the installation of 3-16 CBU unit's an additional Parcel Locker 1 Unit 4 Door Parcel Lockers to service the 47 dwellings that will be constructed. The Units will be installed prior to the residents moving into their homes. 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. Consider this letter as approval of the site for US Postal Service Delivery. Respectfully, Larry A. Golie f Postmaster 350 N. Meridian RD Kalispell, MT 59901-9998 „;4: 406-257-9796 ®Lawrence.A.Golie@USPS.GOV FCA Flathead Station UNITED STATES POSTAL SERVICE MAY 2 2021 qy �. J Ate.. ..._J 57ER S�qR, ti �,tes ros� t "Efficiency is doing things right; Effectiveness is doing the right things. " — Peter Drucker Az111- (4Lc liM UNITED STATES MODE OF DELIVERY AGREEMENT POST& SERVICEN DAKOTAS DISTRICT NAME OF PROJECT ✓ IDO 5�bivt_ UCvttp tvu., t— ;°HML Z ADDRESS OF PROJECT cl tt J2D DATE o r-I POST OFFICE/ZIPCODE PROPOSED ROUTE #L�j I Estimated 1ST Occupancy Date: Total Number of Deliveries Upon Completion: Delivery options will be explained by USPS representative (options shown in gray below). Tvoe of Project Office Bldg Shopping Mail Strip Mall Apts./Condos Townhouses Single Family Homes Trailer Park Other Deliveries Equipment -Type / # DEVELOPER / CONTRACTOR / OWNER RESPONSIBILITY IS AS FOLLOWS: Location and installation of all receptacles must be approved by USPS representative. Concrete oads for CBU's are required to meet USPS soecifications. Concrete pads for CBU's are installed by: Developer Other Equipment purchased by: Developer Other Equipment installed by: Developer -)- Other Equipment owned/maintained by: Developer _�Q Property Agent/HOA Keys issued and maintained by: Developer _ USPS � Other Locks changed by: Developer _ USPS � Other Residents of single-family homes must be informed of their ongoing responsibility for keys; box maintenance/repair, snow removal, etc. Note: On multi -tenant delivery and/or rental situations, the building owner/manager is responsible for lock changes. This notice will serve as an Agreement / Letter of Consent to the Postal Service for the placement of Centralized Delivery Equipment at the agreed upon location(s) indicated on the plat map. By signing below, I acknowledge that the contractor options and responsibilities outlined above for receiving mail delivery service have been discussed with me. USPS REPRESENTATIVE NAME L et-f-01 04 J I `.c TITLE N �'i—✓'►g"f'r SIGNATURE TELEPHONE # d6 Z-59 T %q DATE 3 Lv Z_ PROPERTY DEVELOPER/MGR/OWNER NAME V 1"" a�►� TITLE 4V SIGNATURE TELEPHONE 06 --Z 12 r SI 3Y DATE �b %Z 02 This agreement is subject to final approval by District Operations Programs. Submit completed agreement and other required attachments to: Growth Management, Operations Programs 2801 S Kiwanis Ave, Suite 400 Sioux Falls, SD 57105 Fax # 605-333-2777 A2Z Engineering, PLLC • 138 East Center Street, Suite A . Kalispell, MT 59901 Phone: (406) 755-7888 . Fax: (406) 755-7880 • www.a2z-engineering.com USPS Attn: Delivery Director 350 N Meridian Rd Kalispell, MT 59901-9998 406.257.9796 Re: Bloomstone Development, Phase 2 Cluster Box Unit Location and Pullout V� April 10, 2021 The Bloomstone Development seeks to build a third phase to their current development. In this newest phase we will expand the number of mailboxes available at the Bluebell Road delivery location. Phase 3 will create 47 new single family residential lots. The City of Kalispell's Planning office requires that the USPS approve the subdivision for the following condition: 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 designed in accordance with section 3.22 of the Kalispell Subdivision Regulations and installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. Please review the attached plan and contact me if you have any questions or concerns. My phone number is 755-7888 office or 871-1340 mobile. Sincerely, Robert Smith, PE Project Engineer CITY OF )For KALISPELL April 29, 2022 Robert Smith, PE, PTOE — Project Engineer A2Z Engineering, PLLC 138 East Center Street Kalispell, MT 59901 Re: Bloomstone —Phase 3 Dear Rob, The Final Plat for Bloomstone Phase 3 provided on April 29, 2022 and dated in the sheet block as 01/21/2022 has been reviewed by the Department of Public Works to ensure conformance with the City of Kalispell Standards for Design and Construction for required easements and right-of-ways. All required easement and right-of-ways required for Phase 3 have been determined to be acceptable. Sincerely, Keith H -ins, PE City Engineer 201 1' Avenue E I Phone (406)758-7720 Po Box 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 1 www.kalispell.eom � E E :3 m _ ± L z / < / \ \ / \ \ k \ 0 \ \ / 0 ƒw 2 u cn� m .0 f q Q \ z ƒ � O O e \ / / LU CD \ 7 co CD / \ z \ 9 -i Of UD R 2 co \ o < tm 7 0 / < m CD » 2 < m O 0 � d k0 ° \ C \ \ jL f \ / jL \ 2 z O ± � e I / / 9 d \ ® 2 a \ LU E / CN a A a — 4- Of k S -0 0 r / 0 2 a.. \ \ / 2 — Im_ � U $ -j Cl) j 0 C: \ > j = 2 \ \ \ /� m < 9 / > w � CD k d �CL 2 n k J3 k k a. \ d k \ / / \ G k / a) 3 k § E CD 0 2 E -j C § o a a Ac � -�d U- a. CL m % E a E � \ cn \ $ i 7 u 0 2 g k j -i / Cl 0 0 2 R g g / / / jCDo \0 \0 m o 0 0 i i 1111111111 III III 1111111111111111111111111111111111111111 11II 1111I Page: I of 396 Fees: $273.00 Debbie Pierson, Flathead County MT by SC 3/ 23/ 2017 3:02 PM Return to: Mark Buckwalter Buckwalter Law Firm, PLLC 40 2nd St. E., Ste. 222 Kalispell, MT 59901 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF BLOOMSTONE SUBDIVISION This Declaration of Covenants, Conditions, and Restrictions is made this ZZ day of N16rCk , 2017, by Kalispell National Investment Company, LLC, a Montana limited liability company, 124 Swan Ridge Court, Kalispell, Montana 59901 ("KNIC"), (hereinafter the 0506459 "Declaration") and provides as follows: 0506460 0506461 RECITALS 0506462 0506463 1. KNIC, hereinafter referred to as the "Declarant", is the owner and primary entity 0506464 which has undertaken the subdivision of certain real property described in the attached and 0506465 incorporated Exhibit "A", all of {which is known as the Bloomstone Subdivision. 0506466 2. By this Declaration, KNIC desires to establish covenants, conditions and 0506467 restrictions upon the real property described above, including the future residential subdivisions to 0506468 be included within the jurisdiction of this Declaration, with respect to the proper use, occupancy, 0506469 improvement and enjoyment, all for the use and benefit of the real property described in Exhibit 0506474 "A", its current and future owners. 0506454 0506455 3, NOW THEREFORE, KNIC hereby declares that all the real property described in 0506456 Exhibit "A" shall be held, sold, and conveyed subject to the following restrictions, covenants, 0506457 conditions, and easements, all of which are for the purpose of enhancing and protecting the value, 0506458 desirability, and attractiveness of the real property as a desirable residential development. These 0506451 restrictions, covenants, conditions, and easements shall run with the real property and shall be 0506452 binding upon all parties having or acquiring any right, title, or interest in the described real 0506453 property, or any part thereof, and shall inure to the benefit of and be binding upon each successor 0506470 in interest to the Owner thereof. 0506471 0506472 4. This Declaration is designed to complement local governmental regulations, and 0506473 Where conflicts occur, the more restrictive requirements shall prevail. Capitalized terms in this 0011734 Page 1 of 36 Declaration are defined in Article I. Each Owner shall receive fee title to a Lot and a Membership in the Association appurtenant to the same Lot. Declarant may but is not obligated to annex additional land into Bloomstone Subdivision, which land is not presently included in Bloomstone Subdivsion. ARTICLE I DEFINITIONS The following words, phrases or terms used in this Declaration (including that portion hereof headed "Recitals") shall have the following meanings: 1. "Annual Assessment" shall mean the charge levied and assessed each year against each Lot and Owner pursuant to Article VII, Section 2, hereof. 2. "Articles" shall mean the Articles of Incorporation of the Association as the same may from time to time be amended or supplemented. 3. "Assessment" shall mean an Annual Assessment and/or Special Assessment. 4. "Assessment Lien" shall mean a lien created and imposed under Article VII. 5. "Association" shall mean the Montana nonprofit corporation organized by Declarant and known as `Bloomstone Homeowners' Association, Inc." to administer and enforce the Covenants and to exercise the rights, powers and duties set forth in this Declaration, its successors and assigns. 6. "Board" shall mean the Board of Directors of the Association. 7. `Bylaws" shall mean the Bylaws of the Association as the same may from time to time be amended or supplemented. 8. "Common Property" shall mean (a) all land owned by the Association; (b) the Roadways and all land or right-of-way easements within Bloomstone Subdivision, including but not limited to the Roadway System; (c) all improvements on property within subsections (a) and (b); and (d) all improvements (including the entrance sign and, if any, lighting, common mailbox(es), and school bus shelter(s)) owned by the Association but located on other property. 9. "Community Expenses" shall mean and refer to those costs and expenses arising out of or connected with the maintenance and operation of Bloomstone Subdivision and the Association and the maintenance of Community Property. 10. "Covenants" shall mean the covenants, conditions, restrictions, assessments, charges, servitudes, liens, reservations and easements set forth herein and as later amended or supplemented. Page 2 of 36 11. "Declarant" shall mean Kalispell National Investment Company, LLC, and the agents, successors and assigns of Declarant's rights and powers hereunder. 12. "Declaration" shall mean this DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR BLOOMSTONE SUBDIVISION, as amended or supplemented from time to time. 13. "Deed" shall mean a deed or other instrument conveying the fee simple title in a Lot. 14. "Design Guidelines" means those design guidelines for development of all the real property subject to the Declaration as established by the Declarant and/or the Design Review Committee from time to time. Declarant or the Committee reserves the right to modify the Design Guidelines. There is no assurance that such guidelines will not change from time to time and they may change with respect to unsold Lots, subject to the terms of the Declaration, after one or more other such Lots have been sold by Declarant. 15. "Design Review Committee" or "Committee" shall mean the Committee created pursuant to Article XI below. 16. "Residence" shall mean any building or portion of a building situated upon an Owner's Lot and designed and intended for use and occupancy as a residence. 17. "Bloomstone Subdivision" shall mean, refer to, and consist of the following described real property: The real property described in Exhibit "A", and any other real property hereafter annexed pursuant to the provisions of this Declaration. Declarant may in its sole discretion annex additional land to Bloomstone Subdivision at any time within twenty-five (25) years of the recordation of this Declaration. 18. "First Morton' means any Mortgage which is not subject to any lien or encumbrance except liens for taxes or other liens which are given priority by statute. 19. "First Mortgagee" means any person named as a Mortgagee under a First Mortgage, or any successor to the interest of any such person under a First Mortgage, which First Mortgage is not subject to any lien or encumbrance except liens for taxes or other liens which are given priority by statute. 20. "Improvement(s)" shall mean the residences and all other buildings, outbuildings, walkways, bridges, roads, driveways, utilities, exterior lighting, fences, walls, landscaping, fire breaks, trees, signs, fixtures, equipment, Structures and other improvements or facilities, whether constructed upon a Lot or upon Community Property. Page 3 of 36 21. "Landscaping" shall mean that portion of the Lot which is improved with lawn, ground cover, shrubbery, trees and the like and which may be complimented with earth berms, masonry, or similar materials, all harmoniously combined with other Improvements. 22. "Lease" shall mean a lease or sublease for the leasing or rental of a Lot and/or residence. 23. "Lot" shall mean any area of real property within Bloomstone Subdivision designated as a lot or unit on the Planned Unit Development Map attached and incorporated as Exhibit "B", which lots or units maybe subject to change by any Plat recorded by Declarant. "Lot" shall also include any portion of additional land subsequently added to Bloomstone Subdivision which is designated as a Lot. For purposes of determining voting rights and the number of Lots required to amend this Declaration, "Lot" shall include those lots or units that are designated on any Plat recorded by Declarant, and shall also include those lots or units designated on the Planned Unit Development Map in Exhibit `B" if the Phase in which such lot or unit is located has not yet been platted by Declarant. 24. "Manager" shall mean such person or entity retained by the Board of Directors to perform certain functions of the Board pursuant to this Declaration or the Bylaws. 25. "Member" shall mean any person holding a Membership in the Association pursuant to this Declaration. 26. "Membership" shall mean a membership in the Association and the rights granted to the Owners and Declarant pursuant to Article VI to participate in the Association. 27. "Mortgage" shall mean any mortgage, deed of trust, or other document pledging any portion of a Lot or an interest therein as security for the payment of a debt or obligation. 28. "Mortgagee" shall mean a beneficiary of a Mortgage as well as a named Mortgagee. 29. "Owner" shall mean (a) any person(s) or entity(s) who is (are) record holder(s) of legal, beneficial or equitable title to the fee simple interest of any Lot including, without limitation, one who is buying a Lot under a recorded contract, but excluding others who hold an interest therein merely as security and (b) any person(s) or entity(s) entitled to occupy all of a Lot under a lease for an initial term of at least ten (10) years in which case the fee owner or lessor of the Lot shall not be deemed the Owner thereof for purposes of this Declaration during the term of said lease. The immediate, resident family of each Owner is included within the definition of Owner. 30. "Plat" shall mean any subdivision plat affecting Bloomstone Subdivision filed in the office of the Clerk and Recorder for Flathead County, Montana, as such may be amended from time to time, including but not limited to any such recorded plats respecting all or any portion of additional land. Page 4 of 36 31. "Roadways" shall mean the public, internal roadway(s) for Bloomstone Subdivision, as shown on the plat of Bloomstone Subdivision or any amendments thereto. 32. "Rules" shall mean the rules for Bloomstone Subdivision adopted by the Board pursuant to Article V, Section 3 and which shall include, without limitation, rules and regulations pertaining to fire protection of Improvements at Bloomstone Subdivision. 33. "Single Family" shall mean a group of one or more persons each related to the other by blood, marriage or legal adoption, or a group of persons not all so related, who maintain a common household in one residence. 34. "Structure" shall mean a residence. 35. "Visible From Neighboring Property" shall mean, with respect to any given object, that such object is or would be visible to a person with eye level at five feet seven inches standing on Neighboring Property, on the level of the base of the object being viewed. ARTICLE II PROPERTY SUBJECT TO BLOOMSTONE SUBDIVISION DECLARATION Section 1. General Declaration Creating Bloomstone Subdivision. Declarant hereby declares that all of the real property within Bloomstone Subdivision, together with any additional land annexed pursuant to Article XIV of this Declaration, is and shall be held, conveyed, hypothecated, encumbered, leased, occupied, built upon or otherwise used, improved or transferred, in whole or in part, subject to the Covenants as amended or modified from time to time. Declarant may, however, impose less than all of the covenants on annexed additional land pursuant to Article XIV. Declarant intends to develop Bloomstone Subdivision by subdivision into various Lots and to sell such Lots. This Declaration is declared and agreed to be in furtherance of a general plan for the subdivision, development, improvement and sale of Bloomstone Subdivision and for the purpose of enhancing and perfecting the value, desirability and attractiveness of Bloomstone Subdivision and every part thereof; to protect the owners of lots against such improper use of surrounding lots as will depreciate the value of their property; to preserve so far as is practicable the natural beauty of said property; to guard against the erection thereon of Structures built of improper or unsuitable materials; to insure the highest quality development of said property; to encourage and secure the erection of attractive single-family homes thereon with appropriate locations, to secure and maintain appropriate property setbacks from streets and property lines; to secure and maintain adequate open space between Structures, and, in general, to provide for a high quality of improvements, and maintenance and care thereof on said property, and thereby to protect and enhance the value of improvements made by purchasers of lots therein. All of this Declaration shall run with Bloomstone Subdivision and the Lots therein, for all purposes and shall be binding upon and inure to the benefit of Declarant, the Association, all Owners and their successors in interest. Page 5 of 36 Section 2. Association Bound. This Declaration shall be binding upon and shall benefit the Association. Section 3. Declarant's Reservation of Ri ts. (a) In addition to all other rights reserved by Declarant in this Declaration, Declarant hereby reserves the following rights for as long as Declarant owns any Lot within Bloomstone Subdivision: (1) To construct, complete, modify and remove the Improvements on or in Community Property that Declarant deems to be appropriate and to do all things reasonably necessary to property in connection therewith; (2) To construct and complete on any later annexed additional land or any portion thereof such Improvements as Declarant or said assignee or successor shall determine to build in its sole discretion; (3) To improve portions of Bloomstone Subdivision with such other or additional Improvements, facilities, or Landscaping designed for the use and enjoyment of all the Owners or Declarant or as such assignee or successor may reasonably determine to be appropriate; (4) To improve the surface areas of one or more Lots or the Community Property by Landscaping and/or fencing; (5) To maintain sales offices, management offices, and signs advertising Bloomstone Subdivision in any areas of Bloomstone Subdivision owned by the Declarant. Declarant may relocate sales offices, management offices and models to other locations owned by Declarant within Bloomstone Subdivision at any time. (6) To amend the plat or any amended plat of the properties known as Bloomstone Subdivision so long as such amendments do not change the boundary of a Lot no longer owned by the Declarant. If, however, the Owner of such Lot consents, then the Declarant or its assignees or successors may also amend the plat or any amended plat in a manner that does change the boundary of the consenting Owner's Lot. By way of example and not as an exclusive enumeration of powers, the Developer, its assignees or successors may relocate, decrease, increase, add or eliminate Community Property, Improvements, and the Lots themselves, and may adjust and change the boundaries and size of Community Property, Improvements, and Lots. None of these examples or similar actions shall be deemed to be an amendment of this Declaration, or to the covenants, conditions and restrictions set forth herein. Page 6 of 36 (b) The Declarant, for itself and any of its assignees or successors, reserves such easements and rights of ingress and egress over, across, through, and under Bloomstone Subdivision and any Improvements now or hereafter constructed thereon as may be reasonably necessary for Declarant or for any assignee or successor of Declarant (in a manner which is reasonable and not inconsistent with the provisions of this Declaration) to do or implement any and all of the powers reserved in above Article II, Section 3(a). (c) An amendment to the plat or to any amended plat of Bloomstone Subdivision shall not be deemed to be an amendment of this Declaration or of any amendments hereto. ARTICLE III EASEMENTS AND RIGHTS OF ENJOYMENT IN COMMUNITY PROPERTY Section 1. Reservation of Rights Regarding Utilities. The Declarant and the Association reserve the right to grant non-exclusive and specific, as well as blanket easements, in, on, over, under and through Bloomstone Subdivision to private and public utility companies for all utility services and purposes. Each grantee of rights to use a utility easement shall be liable for damage to property or injury to persons arising from any use made by such grantee within the utility easement area to which the grantee has been granted rights. The Association reserves the right to abandon any easement or right of way which is no longer reasonably necessary for the proper functioning of the Bloomstone Subdivision. Section 2. Transfer of Title. Declarant agrees that it shall convey to the Association title to the Community Property free and clear of all liens (other than the lien of current general taxes and the lien of any assessments, charges, or taxes imposed by governmental or quasi -governmental authorities). ARTICLE IV LOT AND COMMUNITY PROPERTY USE RESTRICTIONS Section 1. Covenants, Conditions, Easements and Restrictions. The following covenants, conditions, restrictions and reservations of easements and rights shall apply to Lots and/or the Owners, as applicable. (a) Architectural Control. No Structures or other Improvements (whether temporary or permanent), Landscaping, alterations, repairs, excavation, grading or other work which in any way alters the exterior appearance of any property within Bloomstone Subdivision from its natural state existing on the date this Declaration is recorded shall be made or done without the prior written approval of the Design Review Committee, except as otherwise expressly provided in this Declaration. No building, fence, wall, residence or other Improvement shall be commenced, erected, maintained, improved, altered or made without the prior written approval of the Design Review Committee with respect to location on a Lot, elevations, footprint, exterior covering, appearance and design, and building Page 7 of 36 materials, among other things. All subsequent additions to or changes or alterations in any building, fence, residence or other Improvement, including exterior color scheme, and all changes in the grade of Lots, shall be subject to the prior written approval of the Design Review Committee. No changes or deviations in or from the plans and specifications once approved by the Design Review Committee shall be made without the prior written approval of the Design Review Committee. In the event of a conflict between this Declaration and the Design Review Guidelines, the provisions of this Declaration shall control. No building constructed elsewhere in whole or in part, old or new, shall be erected, placed, stored or permitted to remain on Lots or Common Property. (b) Additional Requirements of Design Guidelines. Notwithstanding the specific enumeration in this Declaration of certain requirements with respect to construction activities with respect to Lots, each Owner shall be subject to all requirements of the Design Review Committee. (c) Single Family Residences. No more than one Structure may be built on each Lot, which shall be a stand-alone single family residence with attached garage. Only one such single-family residence may be built on each Lot. No other Structures may be built on each Lot. No free standing open -sided sheds or open -sided lean-tos shall be built on any Lot. There shall be no garages other than the one attached to the Residence. The minimum foot print of the living area of each residence shall be: For single story residence: 1298 square feet For multistory residence: 1500 square feet of which 1500 square feet shall be at the ground level. In determining the minimum size, the basement, porches, decks, patios, balconies, exterior steps and walkways and garage shall not be considered part of the living area. Every residence shall have an enclosed garage for a minimum of 1 vehicle and a maximum of 3 vehicle(s). (d) Setbacks. Unless otherwise approved by the Design Review Committee, no residence shall be situated or constructed on any of the Lots such that any part of such residence is closer than twenty (20) feet to a front or rear Lot boundary and ten (10) feet to a side Lot Boundary. For the enhancement of the appearance and the esthetics of Bloomstone Subdivision and uniformity of locations of residences, the Design Review Committee may require that any residence be located further than the setbacks in this section, and may be required on a lot by lot basis and need not be the same for each lot. (e) Fencing. In connection with the construction of a residence, each Owner may, but is not required to, fence its Lot with fencing materials approved pursuant to the Design Guidelines. Such fencing normally approved by the Design Review Committee will not Page 8 of 36 materially impede the view of other Owners. The Design Guidelines shall not permit the use of chain link fencing. (f) Basements and Foundations. No more than ten (10) inches of a foundation shall be visible above the finished grade unless otherwise approved by the Design Review Committee. All footings shall be poured concrete. All foundations shall be concrete or concrete block. (g) Construction Time Period. Following ground breaking with respect to any construction on any Lot, the residence shall be completed within one year. (h) Animal Regulations. (i) No animals, livestock, reptiles, insects, poultry or other animals of any kind, shall be kept on any Lot except that the usual and ordinary domestic dogs, cats, fish, and birds inside bird cages, may be kept as household pets on any Lot provided that they are not kept, bred, or raised therein for commercial purposes or in unreasonable quantities or sizes. (ii) As used in this Declaration, "unreasonable quantities" shall ordinarily mean more than two (2) pets per Lot. Provided, the Board may determine in its sole discretion that a reasonable number in a given situation may be more or less than two. (iii) The Board shall have the right to prohibit the maintenance of any animal which constitutes, in the opinion of the Board, a nuisance to any other Owner. (iv) Animals belonging to Owners, Residents, or their licensees, tenants or invitees, within Bloomstone Subdivision must be kept within an enclosed area, or on a leash held by a person capable of controlling the animal. (v) Any Owner shall be liable to each and all remaining owners, their families, guests and invitees, for any unreasonable noise or damage to person or property caused by any animals brought or kept upon a Lot by such Owner or by such Owner's family, tenants, or guests. Each Owner shall be responsible to clean up after his animals who have soiled the Property or any Roadway abutting the Property. (vi) Each owner shall immediately clean up his or her animals' waste from all Lots, both sold and unsold, and from all Community Property in both Bloomstone Subdivision. Each owner shall clean up his or her animals' waste from his own Lot at least daily. Each Owner shall comply with any rules promulgated by the Association with reference to the manner or place of disposal of animal waste. Page 9 of 36 (i) Temporary Occupancy and Temporary Buildings. All Structures shall be permanent in nature. No trailer, basement of any incomplete building, tent, shack, garage or barn, and no temporary buildings or Structures of any kind, shall be used at any time for a residence, either temporary or permanent. Temporary buildings or Structures used during the construction of any Structure on any property shall be removed immediately after the completion of construction. 0) Building Restrictions. Building heights shall not exceed a maximum of thirty-three (33) feet. Building height shall be measured from the highest roof ridge to the lowest adjacent, pre -construction grade. No T-111 or vinyl siding and no wooden shake shingles shall be used on any residence in Bloomstone Subdivision. All roofs shall have a pitch of at least 5/12. No A -frame or domed Structures and no mansard or fake mansard roofs shall be built in Bloomstone Subdivision. At least fifteen percent (15%) of the front/curb-facing exterior of every Residence shall be surfaced with stone or masonry. Roofs shall be covered only with Class A fire retardant shingles, slate or other material approved by the Design Review Committee. Composition roofing shall have at least a 30-year warranty. (k) Landscaping of residence Lot. Each Owner shall provide Landscaping in connection with construction of Improvements and shall maintain the Landscaping. A landscaping plan must be approved by the Design Review Committee in advance of any landscaping. Every Owner shall complete the landscaping of the front/curbside yard(s) within one year of ground breaking for construction of the residence. Subject to the Design Review Committee's approval, every Owner shall post his Lot's street number in minimum of four inch (4") numerals attached to either side of the garage door and under an exterior light fixture. (1) Driveways. Driveways and parking areas shall be crowned and sloped for adequate drainage. Driveway and parking surfaces shall be concrete. (m) Nuisances: Construction Activities. No rubbish or debris of any kind shall be placed or permitted to accumulate upon or adjacent to any Lot or Community Area, and no odors or loud noises shall be permitted to arise or emit therefrom, so as to render any such property or any portion thereof, or activity thereon, unsanitary, unsightly, offensive or detrimental to any other property in the vicinity thereof or to the occupants of such other property. No other nuisance shall be permitted to exist or operate upon any Lot or Community Area so as to be offensive or detrimental to any other property in the vicinity thereof or to its occupants. Normal construction activities and parking in connection with the building of Improvements on a Lot or Community Area shall not be considered a nuisance or otherwise prohibited by this Declaration, but Lots shall be kept in a neat and tidy condition during construction. Trash, debris, downed trees and uprooted plants shall not be permitted to accumulate, and shall be promptly removed from Bloomstone Page 10 of 36 Subdivision. Supplies of brick, block, lumber and other building materials will be piled only in such areas as may be approved by the Design Review Committee. In addition, any construction equipment and building materials stored or kept on any Lot during construction of improvements may be kept only in areas approved by the Design Review Committee, which may also require screening of the storage areas. The Design Review Committee in its sole discretion shall have the right to determine the existence of any such nuisance. (n) Diseases, Insects and Noxious Weeds. No Owner shall permit anything or condition to exist upon any Lot which shall induce, breed or harbor infectious plant and animal diseases or noxious insects or weeds defined by the State of Montana as noxious. (o) Maintenance and Repair of Improvements on Lots. No Improvements on any Lot shall be permitted to fall into disrepair and each such Improvement shall at all times be kept in good condition and repair and adequately painted or otherwise finished. In the event any Improvement is damaged or destroyed, then, subject to the approvals required by Subsection l (a) above, such Improvements shall be immediately repaired, rebuilt or demolished. (p) Antennas. Except as otherwise permitted by applicable law, no antenna, satellite receiving station or other device for the transmission or reception of television or radio signals (including what are known as "HAM radio' signals) or any other form of electromagnetic radiation shall be erected, used or maintained outdoors on any Lot, whether attached to a building or Structure or otherwise, unless approved by the Design Review Committee. No towers, exposed or outside radio, television or other electronic antennae, shall be allowed or permitted to remain on any Lot. Satellite receivers must have an enclosure to screen them from view so they are not visible From Neighboring Property. Satellite dishes no larger than 18 inches in diameter may be mounted as approved by the Design Review Committee. (q) Mineral Exploration. No Lot shall be used in any manner to explore for or to remove any oil or other hydrocarbons, minerals of any kind, gravel, earth or any earth substance of any kind. (r) Trash Collection and Removal. No garbage or trash shall be placed or kept on any Lot or Community Area, except in covered containers of a type which are approved by the Design Review Committee. In no event shall such containers be maintained so as to be Visible From Neighboring Property. All rubbish, trash and garbage shall be removed regularly from the Lots by Owners and shall not be allowed to accumulate thereon. Provided, however, the Association reserves the right to contract for garbage pickup either from Lots or from other pick-up locations for all of Bloomstone Subdivision and assess the cost thereof to Owners. Page 11 of 36 (s) Machinery and Equipment. No machinery or equipment of any kind shall be parked, placed, operated or maintained upon or adjacent to any Lot except (i) such machinery or equipment as is usual and customary in connection with the use, maintenance or construction (during the period of construction) of a building, appurtenant Structures, or other improvements; or (ii) that which Declarant or the Association may require for the operation and maintenance of Bloomstone Subdivision. (t) Signs. No signs whatsoever which are visible From Neighboring Property shall be erected or maintained on any Lot except pursuant to the Design Guidelines and except: (i) Signs required by legal proceedings. (ii) Not more than two (2) identification signs for individual residences, each conforming to the Design Guidelines. (iii) Signs (including no more than one "for sale" and "for lease" sign per Lot) the nature, number and location of which have been approved in advance and in writing by the Design Review Committee, or real estate agent "For Sale" signs no more than five square feet in size and not more than one per Lot. (iv) Signs of builders on any Lot approved by Declarant as to number, size, colors, design, message content, location and type. (v) Such other signs (including but not limited to construction job identification signs, builders signs, and identification signs) which have been approved in writing by the Design Review Committee as to size, colors, design, message content, and location. (vi) Political signs, but only during the period beginning thirty days prior to voting. (u) Restriction on Further Subdivision Property Restrictions and Rezoning. No Lot shall be further subdivided or separated into smaller lots or parcels by any Owner, and no portion less than all of any such Lot, nor any easement or other interest therein, shall be conveyed or transferred by any Owner. This provision shall not, in any way, limit Declarant from subdividing or separating into Lots any property at any time owned by Declarant and which has not previously been platted or subdivided into Lots. No portion of a Lot (i.e., less than the entire Lot), may be rented or leased to a third party. No further covenants, conditions, restrictions or easements shall be recorded by any Owner or other person against any Lot without the provisions thereof having been first approved in writing by the Declarant or the Design Review Committee and any covenants, conditions, restrictions or easements recorded without such approval being evidenced thereon shall be null and void. No application for rezoning of any Lot, and no applications for variances or Page 12 of 36 use permits, shall be filed with a Municipal Authority unless the proposed use of the Lot complies with this Declaration and the Owner obtains the prior written consent of the Design Review Committee. (v) Combination of Residence Lots. Residence Lots within Bloomstone Subdivision may be combined and utilized for construction of a single residence at the discretion of the Design Review Committee. Provided a residence Lot combination arrangement is approved by the Design Review Committee, the Owner thereof shall be considered to own a single residence Lot for purposes of this Declaration. All permits required by the Municipal Authority shall be the responsibility of the Owner. (w) Utility Easements. There is hereby created a blanket easement upon, across, over and under each Lot and the Community Area for ingress to, egress from, and the installation, replacing, repairing and maintaining of, all utility and service lines and systems, including, but not limited to gas, telephone, electricity, television cable or communication lines and systems, etc., as such utilities may be installed. Pursuant to this easement, a providing utility or service company may install and maintain facilities and equipment on the property and affix and maintain wires, circuits and conduits on, in and under the roofs and exterior walls of Improvements on the Lots. Notwithstanding anything to the contrary contained in this Subsection, no electrical lines or other utilities or service lines may be installed or relocated on any Lot except as initially programmed and approved by the Declarant or the Design Review Committee. No lines, wires or other devices for the communication or transmission of electric current or power, including telephone, television and radio signals, and cable information highways, shall be erected, placed or maintained anywhere in or upon any Lot unless the same shall be contained in conduits or cables installed and maintained underground or concealed in, under or on Improvements or other Structures as approved by the Declarant or the Design Review Committee, except for boxes on the ground for electrical or communication connections, junctions, transformers and other apparatus customarily used in connection with such underground lines, wires and other devices. (x) Utility Charges. Each Owner shall pay for all applicable hook-up fees, service charges and other charges on utility services which are separately billed or metered to a residence by the utility or other party furnishing such service. The Association is to pay for all electric and other utility charges, if any, for the Community Property. (y) Partition. There shall be no judicial partition of any Lot, the Community Property or any part thereof, and any person acquiring an interest in Bloomstone Subdivision waives the right to partition the Lot and Community Property and waives the right to seek partition for the purpose of a sale of the Lot and Community Property or any portion thereof. Page 13 of 36 (z) Notice of Intended Conveyances. It shall be the duty and responsibility of an Owner who has entered into an agreement to convey a Lot to notify the Association in writing prior to the conveyance being completed: (i) To facilitate the collection by the Association of any Assessments, fees or other amounts due under the provisions of this Declaration. (ii) To permit the Association to review its files and to inspect the Lot to assure compliance with this Declaration, the Design Guidelines and the Bloomstone Subdivision Rules. (iii) To review permits issued by the Association which must be corrected or updated prior to or in connection with the conveyance. The notice shall state the name and address of the proposed transferee. If the notice required by this Section is not given, the title conveyed shall be subject to all claims and charges of the Association existing prior to the conveyance, whether or not the transferee had actual notice thereof, and the transferee shall be responsible to the Association for outstanding fees and other charges and for correcting any violations of this Declaration, the Design Guidelines, the Bloomstone Subdivision Rules or permits issued by the Association. (aa) Trucks Trailers, Campers, Toter Homes and Boats. No motor vehicle classed by manufacturer rating as exceeding one (1) ton, and no motorcoach of any class, mobile home, travel trailer, tent trailer, trailer, camper shell, detached camper, boat, boat trailer or other similar equipment or vehicle may be parked, maintained, constructed, reconstructed, or repaired on any Lot in Bloomstone Subdivision so as to be visible from Neighboring Property or Community Property of Bloomstone Subdivision. For purposes of this Declaration, a "toter home" is a freight truck with a camper or other living accommodation on its back. (ab) Motor Vehicles. Automobiles and other motor vehicles may be parked in the driveway of any Lot in Bloomstone Subdivision provided that no parking shall block the sidewalks. No inoperable vehicle may be stored or parked on any such Lot so as to be Visible From Neighboring Property or to be visible from Community Property with the exception of emergency vehicle repairs. All vehicles operated at Bloomstone Subdivision shall be properly licensed and maintained so as not to create a dangerous situation, become a nuisance, or emit unreasonable smoke, oil or noise. Motorized vehicles shall not be operated in any manner which would cause damage or harm to the natural environment or landscape of Bloomstone Subdivision property. The Design Review Committee shall have the power to restrict the use of any vehicle which may create a nuisance. All drivers of vehicles must be legally licensed. All motorized vehicles shall be restricted to the Roadways. Page 14 of 36 (ac) Drainage. No Owner or Resident shall interfere with or obstruct the drainage pattern over its Lot from or to any other Lot as that pattern may exist as of the date of recording this Declaration or as may be established by Declarant. (ad) Right of Entry. During reasonable hours and upon reasonable notice to the Owner or other occupant of a Lot, any member of the Design Review Committee, any member of the Board or any authorized representative of either of them, shall have the right to enter upon and inspect any Lot, and the improvements thereon, except for the interior portions of any completed residence for the purpose of ascertaining whether or not the provisions of this Declaration have been or are being complied with and such persons shall not be deemed guilty of trespass by reason of such entry. (ae) Declarant's Exemption. Nothing contained in this Declaration shall be construed to prevent the erection or maintenance by Declarant, or its duly authorized agents, of Improvements or signs necessary or convenient to the development or sale of property within Bloomstone Subdivision. (af) Health, Safety and Welfare. In the event additional uses, activities and facilities are deemed by the Design Review Committee to be a nuisance or to adversely affect the health, safety or welfare of owners and Residents, the Design Review Committee may make rules restricting or regulating their presence on Bloomstone Subdivision as part of the architectural rules and guidelines. (ag) Leases. In order to prevent transient occupancy of Lots and/or residences, no residence or Lot shall be leased for a period of less than six months. The lease shall be in writing and a copy shall be given to the Association prior to commencement of the Lease term. Any lease agreement between an Owner and a lessee shall be subject in all respects to the provisions of this Declaration, the Articles and Bylaws. Any failure by the lessee to comply with the terms of such documents shall be a default under the lease. Owners shall be responsible for their lessees' compliance with all the terms and provisions of this Declaration, and such Owners shall pay any expense incurred by the Association as a result of their lessees' failure to comply. (ah) Wildlife. Any harassing of wildlife which may be present on the lands or in the waters within or near Bloomstone Subdivision is prohibited. Owners shall be responsible for their pets, children and guests complying with this provision. No one shall place outdoors or allow to remain outdoors any animal or human food or garbage as an attractant or food for any mammals, wild or domestic. No bird feeders shall be permitted to remain outdoors from April 1 to October 31 of each year or at any other time when bears are present in or near the vicinity. Page 15 of 36 (ai) Pollution. In the interest of public health and sanitation, and so that Bloomstone Subdivision may be benefitted by a decrease in hazards of stream pollution and fire, and by the protection of water supplies and wildlife, no Owner shall use any Lot for any purpose that would result in the pollution of any waterway that flows through or adjacent to such Lot or Community Property by refuse, sewage or other material that might tend to pollute the water of any such stream or streams or otherwise impair the ecological balance of the surrounding lands. (aj) Hazardous Activities or Fires. No hazardous activities shall be conducted on any Lot or the Community Property. No open fires shall be lighted or permitted on a Lot or Community Property, but fires shall be permitted on a Lot only in a contained barbecue unit well attended and in use for cooking purposes or within a safe and well -designed fireplace or fire pit, or as authorized or permitted by all appropriate governmental agencies. (ak) No Annoying Sounds, Odors or Lights. No sound shall be emitted from any Lot or residence which is unreasonably loud or annoying including but without limitation, speakers, horns, whistles, bells or other sound devices, with the exception of security devices and/or fire alarms used exclusively to protect any of the property or residences. No odors shall be emitted from any Lot or residence which are noxious or offensive to others. (al) Shielded Exterior Lights. No light shall be emitted from any Lot or residence which light is not adequately shielded or which is unreasonably bright or causes unreasonable glare. In determining whether an exterior light is adequately shielded, these definitions and rules shall apply: 1. "Fixture" means the assembly that holds the lamp bulb or tube in a lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast housing, and the attachment parts. 2. "Horizontal Cut -Off' means a feature of a Fixture designed and functioning in such a manner that all light rays emitted by the fixture, either directly from the lamp, reflector, lens, or housing, are projected at least 25 degrees below a horizontal plane running through the lowest point on the fixture from which the light is emitted. 3. Every exterior light Fixture must have and use a functioning Horizontal Cut-off. 4. Exterior Fixtures shall not be placed higher than the ridge line of the Structure on which they are located. The Bloomstone Subdivision Design Review Committee may require that exterior Fixtures be placed lower than the ridge line. 5. Exterior flood or security lights shall be controlled by a movement -detector device and shall not remain illuminated all night long. Page 16 of 36 (am) Residential Use. Bloomstone Subdivision is exclusively restricted to residential uses and those related uses permitted under this Declaration. No business or industry shall be conducted on a Lot except as expressly permitted hereunder. Use of a portion of a residence as a business office or for other business purposes may be allowed only on such terms and conditions as the Board may determine. (an) Illegal Activities. No Owner shall Permit any use of a Lot or Community Area in violation of any applicable Municipal Authority ordinance, or other law or regulation to which Bloomstone Subdivision is subject. (ao) Firearms and hunting. There shall be no hunting by any means in Bloomstone Subdivision. No one shall discharge a firearm or shoot a bow and arrow in Bloomstone Subdivision. Section 2. Variances. Subject to the provisions of the Design Guidelines, the Design Review Committee may, at its option and in extenuating circumstances, grant variances from the restrictions set forth in this Article or if the Design Review Committee determines in its discretion (a) either (i) that a restriction would create an unreasonable hardship or burden on an Owner or (ii) that a change of circumstances since the recordation of this Declaration has rendered such restriction obsolete and (b) that the activity permitted under the variance will not have any material adverse affect on the Owners and Residents of Bloomstone Subdivision and is consistent with the high quality of life intended for Owners and Residents of Bloomstone Subdivision. ARTICLE V ORGANIZATION OF ASSOCIATION Section 1. Formation of Association. The Association is a Montana nonprofit corporation charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws and this Declaration. Neither the Articles nor Bylaws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. Section 2. Board of Directors and Office. The affairs of the Association shall be conducted by the Board and such officers as the Board may elect or appoint in accordance with the Articles and the Bylaws as the same may be amended from time to time. The initial Board shall be composed of three (3) members. The Bylaws shall determine the number of directors. The Declarant shall determine the number of initial directors and shall appoint the initial Board members, who need not be Owners. The initial Board members and any successors appointed by the Declarant shall serve until the first election of Directors by Members. When the Declarant has closed the sale of seventy-five percent (75%) or more of the Lots in Bloomstone Subdivision, the Declarant shall arrange and conduct the first election of directors by the Owners. As long as the Declarant owns any Lot within Bloomstone Subdivision, the Declarant may appoint its representative to fill one of the authorized positions on the Board, in the event the Declarant's Page 17 of 36 votes are insufficient to elect one of its candidates. Declarant's elected and appointed directors need not be Owners within Bloomstone Subdivision. The Board may also appoint various committees and appoint a Manager who shall, subject to the direction of the Board, be responsible for the day-to-day operation of the Association. The Board shall determine the compensation to be paid to the Manager. The Board's responsibilities shall include, but shall not be limited to, the following: (a) administration, including administrative support as required for the Design Review Committee; (b) preparing and administering an operational budget; (c) establishing and administering an adequate reserve fund; (d) scheduling and conducting the annual meeting and other meetings of the Members; (e) establishing the amounts of and collecting assessments; (f) accounting functions and maintaining records; (g) promulgation and enforcement of the Bloomstone Subdivision Rules (but not the Design Guidelines); (h) maintenance of the Community Property; and (i) all the other duties imposed upon the Board pursuant to this Declaration, the Bylaws, the Articles and the Bloomstone Subdivision Rules. The Board shall not, however, be responsible for those duties and areas of operation specifically designated under the Declaration, the Articles, the Bylaws or the Bloomstone Subdivision Rules as the responsibility of the Design Review Committee. Section 3. The Bloomstone Subdivision Rules. By a majority vote, the Board may, from time to time and subject to the provisions of this Declaration, adopt, amend and repeal rules and regulations to be known as the Bloomstone Subdivision Rules. The Bloomstone Subdivision Rules may restrict and govern the use of any area by any Owner; provided, however, that the Bloomstone Subdivision Rules shall not discriminate among Owners and shall not be inconsistent with this Declaration, the Articles or the Bylaws. Section 4. Personal Liability. No member of the Board or of any committee of the Association (including but not limited to the Design Review Committee), no officer of the Association and no Manager or other employee of the Association shall be personally liable to any Page 18 of 36 Member or to any other person, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence of the Association, the Board, the Manager, any representative or employee of the Association or any committee, committee member or officer of the Association; provided, however, the limitations set forth in this Section 4 of Article V shall not apply to any person who has failed to act in good faith or has engaged in willful or intentional misconduct. Section 5. Professional Mana eg ment. The Association may carry out through the Manager those of its functions which are properly subject to delegation. The Manager so engaged shall be an independent contractor and not an agent or employee of the Association, shall be responsible for managing Bloomstone Subdivision for the benefit of the Association and the Owners, and shall, to the extent permitted by law and by the terms of the agreement with the Association, be authorized to perform any of the functions or acts required or permitted to be performed by the Association itself. ARTICLE VI MEMBERSHIPS AND VOTING Section 1. Owners of Lots. Every Owner of a Lot which is subject to assessment shall be a Member of the Association. Each such Owner shall have one Membership for each Lot owned by the Member. Each such Membership shall be appurtenant to and may not be separated from Ownership of the Lot to which the Membership is attributable. There shall be only one Membership for each Lot which Memberships shall be shared by any joint owners of, or owners of undivided interests in a Lot. Section 2. Declarant. The Declarant shall be a Member of the Association for so long as the Declarant owns any Lot in Bloomstone Subdivision. Section 3. Voting. Every Lot Owner other than the Declarant shall have one vote for each Lot owned, subject to the authority of the Board to suspend the voting rights of the Owner for violations of this Declaration in accordance with the provisions hereof. The Declarant shall be entitled to three (3) votes for each Lot it owns. Section 4. Right to Vote. No change in the ownership of a Membership shall be effective for voting purposes unless and until the Board is given actual written notice of such change and is provided satisfactory proof thereof. The vote for each such Membership must be cast as a unit; fractional votes shall not be allowed. In the event that a Membership is owned by more than one person or entity and such Owners are unable to agree among themselves as to how their vote or votes shall be cast, their vote on the matter in question shall be determined by majority vote of such Owners. If any Member casts a vote representing a certain Membership, it will thereafter be conclusively presumed for all purposes that such Member was acting with the authority and Page 19 of 36 consent of all other owners of the same Membership unless objection thereto is made at the time the vote is cast. Section 5. Membership Rights. Each Member shall have the rights, duties and obligations set forth in this Declaration and such other rights, duties and obligations as are set forth in the Articles and Bylaws, as the same may be amended from time to time. Members have the right to vote only for election of directors and determination of actual Annual Assessment. The Board may allow members to vote on additional issues. Section 7. Transfer of Membership. The rights and obligations of an Owner (other than the Declarant) in the Association shall not be assigned, transferred, pledged, designated, conveyed or alienated in any way except upon transfer of ownership to an Owner's Lot and then only to the transferee of ownership to the Lot. A transfer of ownership to a Lot may be effected by deed, intestate succession, testamentary disposition, foreclosure of a Mortgage or such other legal process as now in effect or as may hereafter be established under or pursuant to the laws of the State of Montana. Any attempt to make a prohibited transfer shall be void. Any transfer of ownership to a Lot shall operate to transfer the Membership(s) appurtenant to said Lot to the new Owner thereof. ARTICLE VII COVENANT FOR ASSESSMENTS AND CREATION OF LIEN Section 1. Creation of Lien and Personal Obligation of Assessments. Each Owner by acceptance of a deed or other conveyance of a Lot (whether or not it shall be so expressed in such deed or conveyance) is deemed to covenant and agree, to pay to the Association the following assessments and charges: (1) Annual Assessments established by this Article VII; (2) Special Assessments for capital improvements or other extraordinary expenses or costs established by this Article VII; and (3) Individual Assessments for fines or damages. All such Assessments shall be established and collected as hereinafter provided. All Assessments together with interest, costs and reasonable attorney's fees, shall be a charge on the Lot and shall be a continuing servitude and lien upon the Lot against which each such Assessment is made. Each Assessment, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of the Lot at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall not pass to the successors in title of the Owner unless expressly assumed by them. Declarant shall have no liability for assessments under this Article VII for unsold Lots. Section 2. Annual Assessments. Annual Assessments shall be computed and assessed against all Lots as follows: (a) Community Expenses. (i) Annual assessments shall be based upon advance estimates of the Association's cash requirements to provide for payment of all estimated expenses arising out of or Page 20 of 36 connected with the maintenance and operation of the Community Property and operating the Association. Such estimated expenses may include, without limitation, the following: Expenses of management; real property taxes and special assessments; premiums for all insurance that the Association is required or permitted to maintain hereunder; repairs and maintenance; fees for independent contractors or Manager; utility charges; legal and accounting fees; any deficit remaining from a previous period; creation of an adequate contingency reserve, major maintenance reserve and/or sinking fund; creation of an adequate reserve fund for maintenance, repairs, and replacement of those Community Property that must be replaced on a periodic basis; and any other expenses and liabilities which may be incurred by the Association for the benefit of the Members under or by reason of this Declaration. (b) Annual Budget. Annual Assessments shall be determined on the basis of a calendar year beginning January 1 and ending December 31, provided the first calendar year shall begin on January 1, 2018, and, on or before October 15 of each year, the Board shall prepare and furnish to each Member, or cause to be prepared and furnished to each Member, an operating budget for the upcoming calendar year. The budget shall itemize the estimated expenses for such calendar year, anticipated receipts (if any) and any deficit or surplus from the prior operating period. The budget shall serve as the supporting document for the Annual Assessment for the upcoming calendar year and as the major guideline under which Bloomstone Subdivision shall be operated during such annual period. (c) Determination of Assessment. Using the budget provided by the Board, the Members shall, at the annual meeting each year, determine the actual Annual Assessment for the following calendar year by majority vote. (d) Notice and Payment. The Board shall notify each Owner in writing as to the amount of the Annual Assessment against his or her Lot on or before December 31 of each year for the following calendar year. Except as otherwise provided by the Board, each Annual Assessment shall be due on or before January 31. In the event that an Owner purchases a Lot from the Declarant after December 31, 2017, the amount of the Annual Assesment for such Lot shall be prorated as of the date of closing and shall be paid at closing. All unpaid Assessments shall bear interest at the rate of fifteen percent (15%) per annum from the due date until paid. The failure of the Board to give timely notice of any Annual Assessment as provided herein shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of any Member from the obligation to pay such assessment or any other assessment; but the date when the payment shall become due in such case shall be deferred to a date fifteen (15) days after notice of such assessment shall have been given to the Member in the manner provided in this Declaration. Section 3. Special Assessments. Page 21 of 36 (a) Inadequate Funds. In the event that the Association's funds prove inadequate at any time for whatever reason, including nonpayment of any Member's assessment, the Board may levy Special Assessments. (b) Capital Improvements and Expenses. The Board may, in its discretion, levy Special Assessments for capital improvements and repairs. Payment of Special Assessments shall be due no sooner than 15 days after mailing of a notice of levy. Section 4. Individual Assessments. The Board may assess individual Owners for fines and damage to Community Property Section 5. Liens. Every Assessment is a lien upon a Lot. The Board may file with the Clerk and Recorder of Flathead County, or her successor, appropriate notices of lien for unpaid Assessments. Section 6. Uniform Rate of Assessment. Annual and Special Assessments shall be assessed equally among Lots. Insurance premiums shall be assessed equally. Section 7. Evidence of Payment of Assessments. Upon receipt of a written request by a Member or any other person, the Association within a reasonable period of time thereafter shall issue to such Member or other person a written certificate stating (a) that all Assessments (including interest, costs and attorneys' fees, if any, as provided in Sections 2 and 3 above) have been paid with respect to any specified Lot as of the date of such certificate, or (b) if all Assessments have not been paid, the amount of such Assessments (including interest, costs and attorneys' fees, if any) due and payable as of such date. ARTICLE VIII ENFORCEMENT OF PAYMENT OF ANNUAL ASSESSMENTS, SPECIAL ASSESSMENTS, MAINTENANCE CHARGES OF ASSESSMENT LIEN AND OTHER COVENANTS AND RULES Section 1. Association as Enforcing Body. The Association, as the agent and representative of the Members, shall have the exclusive right to enforce the provisions of this Declaration. However, if the Association shall fail or refuse to take action to enforce this Declaration or any provision hereof for thirty days after written request to do so, then any Member may enforce them at his own expense or the expense of the losing party by any appropriate action, whether in law or in equity. Section 2. Association's Remedies to Enforce Payment of Annual Assessments and Special Assessments. If any Member fails to pay the Annual Assessment or Special Assessments when due, the Association may enforce the payment of the Annual Assessments, Special Assessments and Assessment Liens by taking either or both of the following actions, concurrently or separately (and by exercising either of the remedies hereinafter set forth, the Association does not prejudice or waive its right to exercise the other remedy): Page 22 of 36 (a) Bring an action at law and recover judgment against the Member personally obligated to pay the Annual Assessments, Special Assessments or the Maintenance Charges; (b) Foreclose the Assessment Lien against the Lot in accordance with the then prevailing Montana law relating to the foreclosure of trust indentures (including the right to recover any deficiency) including by judicial action or by advertisement or any other means permitted by law, and the Lot may be redeemed after foreclosure sale if provided by law. Notwithstanding subordination of an Assessment Lien as described in Section 3 of this Article VIII, the delinquent Member shall remain personally liable for the Assessments and related costs after its membership is terminated by foreclosure or deed in lieu of foreclosure or otherwise. Section 3. Subordination of Assessment Lien to First Mortgage, Priority of Lien. Except as above provided, the Assessment Lien shall be superior to any and all charges, liens or encumbrances which hereafter in any manner may arise or be imposed upon each Lot. Sale or transfer of any Lot shall not affect the Assessment Lien; provided, however, that if the sale or transfer is pursuant to foreclosure of a First Mortgage to which the Assessment Lien is subordinate, or pursuant to any sale or proceeding in lieu thereof, the purchaser at the Mortgage foreclosure or deed of trust of sale, or any grantee taking by deed in lieu of foreclosure, shall take the Lot free of the Assessment Lien for all Annual Assessments and Special Assessments that have accrued up to the date of issuance of a sheriffs or trustee's deed or deed in lieu of foreclosure. Section 4. Costs to be Born by Member in Connection with Enforcement of Payment of Assessments. In any action taken pursuant to Section 2 of this Article, the Member shall be personally liable for, and the Assessment Lien shall be deemed to secure the amount of, the Assessments together with interest and the Association's collection costs and attorneys' fees. Section 5. Fines. In addition to the means of enforcement this Declaration, all covenants, conditions and restrictions applicable to Bloomstone Subdivision may be enforced as follows: (a) The Board may impose fines upon Owners for violations. (b) Prior to the imposition of a fine, the Board or its agent shall give the Owner in question written notice of the violation and intended amount of the fine, and the notice shall provide fifteen (15) days' opportunity, after receipt of the notice, to correct the violation so as to avoid the fine. (c) If the violation is remedied within the fifteen (15) day period, no fine shall be imposed. If the violation is not corrected within the fifteen (15) day period, the Board may, but is not required to, impose a fine, using the procedures set forth below. Page 23 of 36 (d) The Board may impose fines ranging from ten dollars ($10.00) to one hundred dollars ($100) for violations continuing after the Owner's receipt of the written notice. Each separate day of a continuing violation may be considered a separate violation. Imposition of a fine shall be by mailing a notice, certified mail, return receipt requested, to all Owners of the Lot in question. In determining the appropriate amount of a fine, the Board shall consider, among other factors: (i) Whether the violation threatened the health or safety of anyone; (ii) Whether the violation involved physical damage to property of another, to Community Property, or to the environment; (ii) The cost of remedying the violation; and (iv) Whether the Owner has been previously warned in writing or fined for the same or substantially similar violations. (e) The notice of imposition of fine shall also give the Owner in question at least seven (7) days notice of the next meeting of the Board at which the Owner may appear to appeal the determination of violation and the fine or amount of the fine. The Owner may appear in person, by agent or by written communication. (f) If a fine is neither paid nor appealed within seven days of the receipt of notice by the Owner, then the Board may cause a lien to be filed against the Owner's Lot for the amount of the fine, plus the cost of filing the lien and attorney's fees. If the Owner appeals from the Board's notice, no lien shall be filed until the Board hears the appeal. (g) The Board shall keep a written record of all notices sent and the disposition of each. (h) The Owner and the Board may each be represented by an attorney at all hearings on the violation. (i) If the Owner wishes to appeal the Board's decision after the Board's hearing of the Owner's appeal, the Owner shall, in writing, request binding arbitration by a single arbitrator to be agreed upon by the parties. The parties shall equally share the fees, if any, by the arbitrator. ARTICLE IX USE OF FUNDS,• BORROWING POWER; OTHER ASSOCIATION DUTIES Page 24 of 36 Section 1. Purposes for Which Association's Funds May Be Used. The Association shall apply all funds and property collected and received by it (including Assessments, fees, loan proceeds, surplus funds and all funds and property received by it from any other source) for the common good and benefit of Bloomstone Subdivision and the Owners and Residents by devoting said funds and property, among other things, to the acquisition, construction, alteration, maintenance, provision and operation, by manner or method whatsoever of any kind, all land, properties, improvements, facilities, services, projects, programs, studies and systems, within or adjacent to Bloomstone Subdivision, which may be necessary, desirable or beneficial to the general common interests of Bloomstone Subdivision, the Owners and the Residents. The Association's funds may also be spent for maintenance of the Community Property within Bloomstone Subdivision, liability insurance, communications, transportation, utilities, public services, safety and indemnification of officers and directors of the Association. The Association also may expend its funds as permitted under the laws of the State of Montana. Section 2. BorrowingP. The Association may borrow money in such amounts, at such rates, upon such terms and security, for such periods of time as is necessary or appropriate in the discretion of the Board. Section 3. Association's Rights in Spending Funds From Year to Year. The Association shall not be obligated to spend in any year all the sums received by it in such year (whether by way of Annual Assessments, Special Assessments, fees or otherwise), and may carry forward as surplus any balances remaining. The Association shall not be obligated to reduce the amount of Annual Assessment, as applicable, in the succeeding year if a surplus exists from a prior year and the Association may carry forward from year to year such surplus as the Board in its discretion may determine to be desirable for the greater financial security of the Association and the accomplishment of its purposes. ARTICLE X MAINTENANCE Section 1. Community Property. The Association, or its duly delegated representative, shall maintain, repair and replace and otherwise manage all Community Property, including, but not limited to, entrance sign(s) and related lighting and landscaping, if any, located upon said properties. Section 2. Assessment of Certain Costs of Maintenance and Repair of Community Pro e . In the event that the need for maintenance or repair of Community Property is caused through the willful or negligent act of any Owner, Resident, or any family, guests, invitees or tenants of such persons, the cost of such maintenance or repairs, along with a reasonable administrative fee of twenty percent (20%) of such maintenance or repairs, shall be assessed against and paid by the Owner. If not paid, the Association may file a lien for the cost, plus the lien filing fee and attorney's fees. ARTICLE XI Page 25 of 36 DESIGN REVIEW COMMITTEE Section 1. Membership. There is hereby established a Design Review Committee which shall be responsible for the establishment and administration of the Design Guidelines and to carry out all other responsibilities assigned to the Committee in order to carry out the purposes and intent of this Declaration. The Committee shall be composed of three (3) or five (5) persons (as determined by the Declarant until Declarant has closed the sale of 95% of the Lots in Bloomstone Subdivision, and thereafter by the Board), who need not be Members of the Association. All of the members of the Committee shall be appointed, removed, and replaced by Declarant in its sole discretion, until such time as the Declarant has closed the sale of 95% of Lots in Bloomstone Subdivision, and at that time the Board shall succeed to Declarant's right to appoint, remove, or replace the members of the Committee. Section 2. Purpose. The Committee shall review, study and either approve, reject or request resubmittal of proposed developments and Improvements to a Lot, all in compliance with this Declaration and the Design Guidelines adopted and established from time to time by the Committee. (a) The Committee shall exercise its best judgment to see that all Structures and other Improvements conform and harmonize with any existing Structures as to external design, quality and type of construction, materials, color, location within a Lot, height, grade and finished ground elevation, and all aesthetic considerations set forth in this Declaration or in the Design Guidelines. (b) Consistent with Article IV, Section 1, no Improvement on a Lot shall be erected, placed or altered on any Lot nor shall any construction be commenced until plans for such Improvement shall have been approved by the Committee in writing; provided, however, that improvements and alterations which are completely within a residence may be undertaken without such approval. (c) The actions of the Committee in the exercise of its discretion by its approval or disapproval of plans and other information submitted to it, or with respect to any other matter before it, shall be conclusive and binding on all interested parties subject to appeal as provided in the Bylaws. Section 3. Expenses. Except as provided below, all expenses of the Committee shall be paid by the Association. The Committee shall have the right to charge a fee for each application submitted to it for review, in an amount which may be established by the Board from time to time, and such fees shall be collected by the Committee and remitted to the Association to help defray the expenses of the Committee's operation. Until January 1, 2020, the filing fee shall not exceed $250.00 per residence and $500.00 for each application for items other than residences, but may be subject to reasonable increase after the date as determined by the Board on recommendation from the Committee. Provided, no application fee shall be required of the Declarant or of its related entities. Page 26 of 36 Section 4. Design Guidelines and Rules. The Committee shall promulgate and maintain Design Guidelines. The Design Guidelines shall define and describe the design standards for Bloomstone Subdivision and the various uses within Bloomstone Subdivision. The Design Guidelines may be modified or amended from time to time by the Committee. To the extent permitted by the Design Guidelines, the Committee, in its sole discretion, may excuse compliance with such requirements as are not necessary or appropriate in specific situations and may permit compliance with different or alternative requirements. Compliance with the Bloomstone Subdivision design review process is not a substitute for compliance with applicable building, zoning, and subdivision regulations and each Owner is responsible for obtaining all approvals, licenses, and permits as may be required prior to obtaining final approval of any improvements from the Committee and prior to commencing construction. To the extent that any Design Guideline contradicts a provision of this Declaration, the terms of this Declaration shall control. Section 5. Limitation of Liability. The Committee shall use reasonable judgment in accepting or disapproving all plans and specifications submitted to it. Neither the Committee, nor any individual Committee member, shall be liable to any person for any official act of the Committee in connection with submitted plans and specifications, except to the extent the Committee or any individual Committee member acted with malice or wrongful intent. Neither the Board, the Design Review Committee, or any agent thereof, nor Declarant or any of its owners, employees, agents, or consultants shall be responsible in any way for any defects in any plans or specifications submitted, revised or approved in accordance with the provisions of this Declaration, nor for any structural or other defects in any work done according to such plans and specifications. In all events the Committee shall be defended and indemnified by the Association in any such suit or proceeding which may arise by reason of the Committee's decision. The Association, however, shall not be obligated to indemnify each member of the Committee to the extent any such member of the Committee shall be adjudged to be liable for gross negligence or willful misconduct in the performance of its duty as a member of the Committee, unless and then only to the extent that the Court in which such action or suit may be brought shall determine upon application that, despite the adjudication of liability but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnification for such expense as such court shall deem proper. ARTICLE XII RIGHTS AND POWERS OF ASSOCIATION Section 1. Association's Rights and Powers As Set Forth in Articles and Bylaws. In addition to the rights and powers of the Association set forth in this Declaration, the Association shall have such rights and powers as are set forth in its Articles and Bylaws or permitted under applicable state law and are necessary, desirable or convenient for effectuating the purposes set forth in this Declaration. A copy of the Articles and Bylaws of the Association shall be available for inspection at the office of the Association during reasonable business hours. Page 27 of 36 Section 2. Association's Rights of Enforcement of Provisions of This and Other Instruments. The Association, as the agent and representative of the Owners and Members shall have the right to enforce, by any proceeding at law or in equity, the Covenants set forth in this Declaration and/or any and all covenants, restrictions, reservations, charges, fines, servitudes, assessments, conditions, liens or easements provided for in any contract, deed, declaration or other instrument which (a) shall have been executed pursuant to, or subject to, the provisions of this Declaration, or (b) otherwise shall indicate that the provisions of such instrument were intended to be enforced by the Association or by Declarant. In the event suit is brought or arbitration is instituted or an attorney is retained by the Association to enforce the terms of this Declaration or other document as described in this Section 2 and the Association prevails, the Association shall be entitled to recover, in addition to any other remedy, reimbursement for attorneys' fees, court costs, costs of investigation and other related expenses incurred in connection therewith including but not limited to the Association's administrative costs and fees. Said attorneys' fees, costs and expenses shall be the personal liability of the breaching Owner and shall also be secured by the Assessment Lien against said Owner's Lot. If the Association should fail to act within a reasonable time, any Owner shall have the right to enforce the Covenants set forth in this Declaration. ARTICLE XIII INSURANCE AND FIDELITY BONDS Section 1. Hazard Insurance. The Association may maintain in force insurance meeting the following requirements: A "master" or "blanket" type policy of property insurance may be maintained covering all insurable improvements, if any, on the Community Property, personal property and supplies comprising a part of the Community Property or owned by the Association and which are of a class typically encumbered by Mortgages held by institutional Mortgage investors, but excluding land, foundations, excavations, and other items normally not covered by such policies. As a minimum, such "master" or "blanket" policy shall afford protection against loss or damage by fire, by other perils normally covered by the standard extended coverage endorsement, and by all other perils which are customarily covered with respect to projects similar to Bloomstone Subdivision in construction, location, and use, including (without limitation) all perils normally covered by the standard "all risk" endorsement, where such endorsement is available. Such "master" or "blanket" policy shall be in an amount not less than one hundred percent (100%) of current replacement cost of all elements of the Community Property covered by such policy, exclusive of land, foundations, excavation, and other items normally excluded from coverage. Section 2. Fideli , Bonds. The Association shall at all times maintain in force and pay the premiums for "blanket" fidelity bonds for all officers, Members, and employees of the Association and for all other persons handling or responsible for funds of or administered by the Association. Furthermore, where the Association has delegated some or all of the responsibility for the handling of funds to a Manager, the Manager shall provide "blanket" fidelity bonds, with coverage identical to such bonds required of the Association, for the Manager's officers, employees and agents handling or responsible for funds of, or administered on behalf of, the Association. The total amount of fidelity bond coverage required shall be based upon the Page 28 of 36 Association's best business judgment and shall not be less than the estimated maximum of funds, including reserve funds, in the custody of the Association, or the Manager, as the case may be, at any given time during the term of each bond. Section 3. Liability Insurance. The Association shall maintain in force, and pay the premium for a policy providing comprehensive general liability insurance coverage covering all of the Community Property. Such coverage shall be for at least One Million Dollars ($1,000,000) for bodily injury, including deaths of persons, and property damage arising out of a single occurrence. Coverage under such policy shall include, without limitation, legal liability of the insureds for property damage, bodily injuries and deaths of persons in connection with the operation, maintenance, or use of the Community Property, and legal liability arising out of lawsuits related to employment contracts of the Association. Such policy shall provide that it may not be cancelled or substantially modified, by any party, without at least ten (10) days' prior written notice to the Association. Each insurance Policy maintained, pursuant to the foregoing Sections 1, 2, and 3, shall be written by an insurance carrier which is licensed to transact business in the State of Montana. ARTICLE XIV ADDITIONAL LAND Section 1. Right to Expand and State of Title to New Lots. (a) There is hereby granted unto Declarant, and Declarant hereby reserves, the absolute right and option to expand Bloomstone Subdivision at any time and from time to time by adding to Bloomstone Subdivision additional land. Notwithstanding any provision of this Declaration which might be construed to the contrary, such right and option may be exercised without obtaining the vote or consent of any other person (including the Association, any Owner or Mortgagee) and shall be limited only as specifically provided in this Declaration. Any given portion of the additional land shall be deemed added to Bloomstone Subdivision at such time as a duly approved Plat and a Declaration of Annexation containing the information required by Section 2 below have been recorded with respect to the portion of the additional land concerned. Declarant may add additional land to Bloomstone Subdivision whether or not Declarant owns any then existing Lots in Bloomstone Subdivision. (b) Any portions of annexed additional land may be subject to less than all of the Covenants, in Declarant's sole discretion. Section 2. Procedure for Expansion. Each Declaration of Annexation by which addition to Bloomstone Subdivision of any portion of the additional land is accomplished shall be executed by Declarant, shall be in recordable form, must be filed for record together with the approved Plat reflecting the addition, in the office of the County Recorder of Flathead County, Montana, on or before twenty-five (25) years from the date that this Declaration is recorded, and shall contain the following information for that portion of the additional land which is being added: Page 29 of 36 (a) Data sufficient to identify this Declaration and the Plat respecting that portion of the additional land being added. (b) The legal description of the portion of the additional land being added. (c) A statement that such portion of the additional land shall thereafter be held, transferred, sold, conveyed, and occupied subject to the covenants, restrictions, easements, charges, and liens set forth in this Declaration. (d) A conveyance to the Association of good and marketable title, free and clear of all liens and encumbrances to all Association Land situated in that portion of the additional land being added. (e) Such other matters as may be necessary, desirable, or appropriate and as are not inconsistent with any limitation imposed by this Declaration. Upon the recordation of any supplement contemplated above, it shall automatically supplement this Declaration and any supplements previously recorded. At any point in time, the Declaration for Bloomstone Subdivision shall consist of this Declaration, as amended and expanded by all supplements theretofore recorded pursuant to the terms hereof. Section 3. Allocation of Assessments and Voting Rights Following Expansion. Each Lot created in annexed land shall be apportioned a share of the Community Expenses attributable to Bloomstone Subdivision as provided in Article VII. Each Lot and Owner shall be entitled to votes in the Association as provided for in Article VI. Assessments and voting rights shall commence as of the date the Declarant executes a Declaration of Annexation. ARTICLE XV MORTGAGEE REQUIREMENTS Section 1. Subordination of Lien. The lien or claim against a Lot for unpaid Assessments or charges levied by the Association pursuant to this Declaration shall be subordinate to the First Mortgage affecting such Lot, and the First Mortgagee thereunder which comes into possession of or which obtains title to the Lot shall take the same free of such lien or claim for unpaid assessment or charges, but only to the extent of assessments or charges which accrue prior to foreclosure of the First Mortgage, exercise of a power of sale available thereunder, or taking of a deed or assignment in lieu of foreclosure. No assessment, charge, lien, or claim which is described in the preceding sentence as being subordinate to a First Mortgage or as not to burden a First Mortgagee which comes into possession or which obtains title shall be collected or enforced by the Association from or against a First Mortgagee, a successor in title to a First Mortgagee, or the Lot affected or previously affected by the First Mortgage concerned. Page 30 of 36 Section 2. Priori . No provision of this Declaration or the Articles gives or may give an Owner or any other party priority over any rights of Mortgagees pursuant to their respective Mortgages in the case of a distribution to Owners of insurance proceeds or condemnation awards for loss to or taking of all or any part of the Lots or the Community Property, ARTICLE XVI TERM, AMENDMENTS, TERMINATION Section 1. Term, Method of Termination. This Declaration shall be effective upon the date of recordation hereof and, as amended from time to time, shall continue in full force and effect for a term of twenty (20) years from the date this Declaration is recorded. From and after said date, this Declaration, as amended, shall be automatically extended for successive periods of ten (10) years each, unless there is an affirmative vote to terminate this Declaration by the then Members casting eighty percent (80%) of the total votes cast at an election held for such purpose or otherwise approved in writing within the six (6) months prior to the expiration of the initial effective period hereof or any ten (10) year extension. The Declaration may be terminated at any time if eighty percent (80%) of the votes cast shall be cast in favor of termination at an election held for such purpose. If the necessary votes and consents are obtained, the Board shall cause to be recorded with the County Recorder of Flathead County, Montana, a Certificate of Termination, duly signed by the President or Vice President and attested by the Secretary or Assistant Secretary of the Association, with their signatures acknowledged. Thereupon these Covenants shall have no further force and effect, and the Association shall be dissolved pursuant to the terms set forth in its Articles. Section 2. Amendments. This Declaration may be amended by recording with the County Recorder of Flathead County, Montana, a Certificate of Amendment, duly signed and acknowledged as required for a Certificate of Termination in Section 1 of this Article. The Certificate of Amendment shall set forth in full the amendment adopted, and, except as provided in this Section 2 of this Article, shall certify that at an election duly held pursuant to the provisions of the Articles and Bylaws eighty percent (80%) of the Lots voted affirmatively for the adoption of the amendment. Within twenty-five (25) years from the date of recording this Declaration and so long as the Declarant is the owner of any Lot in Bloomstone Subdivision, this Declaration may be amended or terminated only with the written approval of the Declarant. The Declarant alone may amend or terminate this Declaration prior to the closing of a sale of the first Bloomstone Subdivision Lot. ARTICLE XVII MISCELLANEOUS Section 1. Interpretation of the Covenants. Except for judicial construction, the Association, by its Board, shall have the exclusive right to construe and interpret the provisions of this Declaration. In the absence of any adjudication to the contrary by a court of competent jurisdiction, the Association's construction or interpretation of the provisions hereof shall be final, Page 31 of 36 conclusive and binding as to all persons and property benefited or bound by the Covenants and provisions hereof. Section 2. Severability. Any determination by any court of competent jurisdiction that any provision of this Declaration is invalid or unenforceable shall not affect the validity or enforceability of any of the other provisions hereof. Section 3. References to the Covenants in Deeds. Deeds or any instruments affecting any Lot or any part of Bloomstone Subdivision may contain the Covenants herein set forth by reference to this Declaration; but regardless of whether any such reference is made in any deed or instrument, each and all of the Covenants shall be binding upon the grantee -Owner or other person claiming through any instrument and its heirs, executors, administrators, successors and assigns. Section 4. List of Owners and Eligible Members. The Board shall maintain up-to-date records showing the name of each person who is an Owner, the address of such person, and the Lot which is owned by him. In the event of any transfer of a fee or undivided fee interest in a Lot, either the transferor or transferee shall furnish the Board with evidence establishing that the transfer has occurred and that the deed or other instrument accomplishing the transfer is of record in the office of the County Recorder of Flathead County, Montana. The Board may for all purposes act and rely on the information concerning Owners and Lot ownership which is thus acquired by it or, at its option, the Board may act and rely on current ownership information respecting any Lot or Lots which is obtained from the office of the County Recorder of Flathead County, Montana. The address of an Owner shall be deemed to be the address of the Lot owned by such person unless the Board is otherwise advised. The list of Owners shall be made available by the Board to any Owner for noncommercial purposes upon such Owner's written request. Section 5. General Obligations. Each Owner shall enjoy and be subject to all rights and duties assigned to Owners pursuant to this Declaration. With respect to unsold Lots, the Declarant shall enjoy the same rights and assumes the same duties with respect to each unsold Lot. Section 6. Rights of Action. The Association and/or any aggrieved Owner shall have a right of action against Owners who fail to comply with the provisions of the Declaration or the decisions of the Association. Section 7. Successors and Assigns of Declarant. Any reference in this Declaration to Declarant shall include any successors to or assigns of Declarant's rights and powers hereunder as well as any successors or assigns of Declarant itself. Section 8. Gender and Number. Wherever the context of this Declaration so requires, words used in the masculine gender shall include the feminine and neuter genders; words used in the neuter gender shall include the masculine and feminine genders; words in the singular shall include the plural; and words in the plural shall include the singular. Page 32 of 36 Section 9. Captions and Titles. All captions, titles or headings of the Articles and Sections in this Declaration are for the purpose of reference and convenience only and are not to be deemed to limit, modify or otherwise affect any of the provisions hereof or to be used in determining the intent or context thereof. Section 10. Notices. Any notice permitted or required to be delivered as provided herein may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered twenty-four (24) hours after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to such person at the address given by that person to the Association for the purpose of service of such notice or to the address of the lot of such person if no address has been given. Such address may be changed from time to time by notice in writing received by the Association. Notice to the Board or to the Design Review Committee shall also be delivered or mailed to the Declarant. Section 11. Consent of Lieu of Vote. In any case in which this Declaration requires for authorization or approval of a transaction, the assent or affirmative vote of a stated percentage of the votes present or represented at a meeting, such requirement may be may satisfied by obtaining, with or without a meeting, consents in writing to such transaction from Members entitled to cast at least the stated percentage of all Membership votes outstanding in connection with the class of membership concerned. The following provisions shall govern any application of this Section 11: (a) all necessary consents must be obtained prior to the expiration of one hundred eighty (180) days after the first consent is given by any Member; (b) the total number of votes required for authorization or approval under this Section 11 shall be determined as of the date on which the last consent is signed; (c) except as provided in the following sentence, any change in ownership of a Lot which occurs after consent has been obtained from the Owners thereof shall not be considered or taken into account for any purpose; (d) unless the consent of all Members whose Memberships are appurtenant to the same Lot are secured the consent of none of such Members shall be effective. Section 12. Tax Collection From Lot Owners by Flathead County Authorized. It is recognized that, under the Declaration, the Association will own the Association Land and that it will be obligated to pay property taxes to Flathead County. It is further recognized that each Owner of a Lot is a Member of the Association and as part of its monthly assessment will be required to pay to the Association its pro rata share of such taxes. Notwithstanding anything to the contrary contained in this Declaration or otherwise, Flathead County shall be and is authorized to collect such pro rata share (an equal basis) of taxes directly from each Owner by inclusion of said share with the tax levied on each Lot. To the extent allowable, Flathead County is hereby directed so to do. In the event that an assessor shall separately assess Association Land to the Association, the Board of Directors may pay such taxes, and include the taxes in the regular Assessment budget. Page 33 of 36 Section 13. Liability for Willful or Negligent Damage. Maintenance, repair or replacement of all or any part of the Community Facilities arising out of or caused by the willful or negligent act of an Owner or Resident shall be done at said Owner's expense or a Maintenance Charge therefor shall be made against its Lot. Section 14. Enforcement. The Declarant, the Design Review Committee, the Association, any Owner or the applicable Flathead County agency shall have the right to enforce, by any proceeding in law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Declarant, Design Review Committee, the Association, any Owner or Flathead County to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so hereafter. Section 15. Enforcement of Covenants. In the event of any act or condition of non-compliance of the covenants contained in this Declaration by an Owner, the Design Review Committee or the Association shall provide to the Owner a notice on non-compliance and demand that said Owner take any and all steps necessary to correct said act or condition of non-compliance within fifteen (15) days. If the Owner fails to terminate or correct the non -complying act or condition within fifteen (15) days, then the Association, the Design Review Committee or their duly authorized agents, in furtherance of the general health, welfare and safety of the Owners, shall have the right to undertake any and all action that they in their sole discretion deem necessary and reasonable under the circumstances in order to terminate or correct the act or condition of noncompliance including without limitation, imposing fines, obtaining legal or equitable relief including injunctions or orders of specific performance, foreclosing liens and terminating any unsafe or hazardous activity. In the event of an emergency arising from any act or condition of non-compliance which the Association or the Design Review Committee determines to constitute or pose a health hazard or dangerous condition threatening the life or safety of any persons, the Association or the Design Review Committee or their duly authorized agent shall be entitled to immediately undertake any and all action that it determines in its sole discretion to be reasonable and necessary, without notice to the Owner, in order to terminate, eliminate, remove or correct the dangerous or hazardous non -complying act or condition including, without limitation, obtaining legal or equitable relief including injunctions or orders of specific performance and/or entering upon the premises in order to undertake corrective action. The Owner of the Lot on which any such non -complying act or condition exists shall solely be responsible for repaying to the Association or the Design Review Committee any and all costs incurred by the Association or the Design Review Committee, including attorney's fees and costs of court, in terminating or correcting the non -complying act or condition on the Lot. The Association shall further be entitled to a lien upon said Owner's Lot in the amount of such costs, including attorney's fees and costs of court, the creation, maintenance and foreclosure of which lien is to be governed by the same terms and conditions as those governing the creation, maintenance and foreclosure of liens for unpaid Assessments to the Association as set forth in this Declaration. Page 34 of 36 DECLARANT: KALISPELL NATIONAL INVESTMENT COMPANY, LLC Dated: 3 Z STATE OF MONTANA ) ss: COUNTY OF FLATHEAD ) Signed or acknowledged before me on 0DQ_CCC a , 2017, by P� S .Try u� nn -1sJ.5 as of or for Kalispell National Investment Company, LLC. a�§ ASHLEYWETZEL s s NOTARY PIJBUC for the Lki.1(3'IAlL1AI.i*= Slate of Montana SFAL j Residing at Columbia Falls, Montana My Commission Expires �F,..vh,•0g' August 28, 2017 w DFrl�im5ti"�}.� 4'�wa4v - P " tdame- 6%,to Notary Pub is or th tate oontana Residing in: UR(fs , Montana My commission expires:t�- Page 35 of 36 EXHIBIT A Property in Bloomstone Subdivision Phase 1 A West Subiect to Declaration LOTS 2A, 3A, AND 4A OF THE AMENDED SUBDIVISION PLAT OF LOTS 1, 2, 3 & 4, BLOOMSTONE, PHASE 1-A WEST, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. LOTS 5, 8, 9, 10,11,16, 19, 20, 25 OF THE SUBDIVISION PLAT OF BLOOMSTONE, PHASE 1-A WEST, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. LOTS 6A, 7A, 12A, AND 13A OF THE AMENDED SUBDIVISION PLAT OF LOTS 6, 7, 12, AND 13, BLOOMSTONE PHASE 1-A WEST, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. LOTS 14A, 15A, 17A, AND 18A OF THE AMENDED SUBDIVISION PLAT OF LOTS 14, 15, 17, AND 18, BLOOMSTONE PHASE 1-A WEST, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. LOTS 21A, 22A, 23A, AND 24A OF THE AMENDED SUBDIVISION PLAT OF LOTS 21, 22, 23, AND 24, BLOOMSTONE PHASE 1-A WEST, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. Remaining Property in Bloomstone Subdivision Subiect to Declaration That portion of the Southwest 1/4 of Section 36, Township 29 North, Range 22 West, Principal Meridian, Flathead County, Montana described as follows: Commenting at the southeast corner of the Southwest 1/4 of Section 36, Township 29 North, Range 22 West, thence along the southerly boundary of said aliquot part, North 8904414311 West a distance of 24.85 feet to the POINT OF BEGINNING: of the parcel being described, thence continuing along said southerly boundary of said aliquot part, Page 36 of 36 North 89'44' 43" West a distance of 1501.38 feet to the easterly boundary of Federal Aid Project No. NH 5-3(59)109, Kalispell Bypass North plans dated December 12, 2005; thence along said easterly boundary of said Kalispell Bypass North the following five courses: North 13 "09' 33" West a distance of 718.97 feet, North 03 ° 19' 12" West a distance of 715.4b feet, North 02°59' 57' East a distance of 316.40 feet to the beginning of 1204.70 foot radius curve concave southeasterly having a radial bearing of South 82 °07' 15" East, along said curve through a central angle of 41 ° 34' 22" an arc length of 874.11 feet, and North 69°48' 15" East a distance of 477.81 feet to the northerly boundary of said Southwest 1/4 of said Section 36; thence along said northerly boundary of said aliquot part, South 89°58' 06" East a distance of 426.51 feet to the beginning of a 420.00 foot radius curve concave southeasterly having a radial bearing of South 06" 13' 22" East; thence southwesterly along said curve through a central angle of 83°50' 46" an arc length of 614.62 feet; thence South 00°04' 08" East a distance of 243.95 feet to the southerly boundary of the North 1/2 of the Northeast 1/4 of the Southwest 1/4 of said Section 36; thence along said southerly boundary of said aliquot part, South 89°54' 46" East a distance of 801.47 feet to the easterly boundary of said Southwest 1/4 of Section 36; thence along said easterly boundary of said aliquot part, South 00°04' 04" East a distance of 277.14 feet to a point on the easterly boundary of that parcel of land denoted as KYAC Lease Area on Certificate of Survey No. 14700, records of Flathead County, Montana; thence along the northerly and westerly boundaries of said parcel the following two courses: North 89048' 52" West a distance of 24.85 feet and South 00W 05" East a distance of 1681.72 feet.; thence South 00°04' 05" East a distance of 30.00 feet to the Point of Beginning. Shown as Parcel 3 of Certificate of Survey No. 17217. TOGETHER WITH "An additional easement located upon the exact dimensions of Reserve Loop and Tree Line Drive, as the same may be established and constructed within the SE'/4E1/4NWy4 and the S1/2S1/2NE'/4 of Section 36, Township 29 North, Range 22 West, MPM as granted in Instrument recorded July 19, 2006 as Instrument No. 2006-2001546-0 records of Flathead County, Montana." EXCEPTING THEREFROM THE BARGAIN AND SALE DEED DATED MARCH 16, 2010 AND RECORDED ON APRIL 27, 2010 AS DOCUMENT #201000009740 IN THE FLATHEAD COUNTY CLERIC AND RECORDER'S OFFICE, 1EXHIBIT 1 ,f t Z 1 EXCEPTING THEREFROM THE BARGAIN AND SALE DEED DATED MAY 1, 2015 AND RECORDED ON JUNE 3, 2015 AS DOCUMENT #201500010822 IN THE FLATHEAD COUNTY CLERK AND RECORDER'S OFFICE, EXCEPTING THEREFROM BLOOMSTONE PHASE 1-A WEST. EXHIBIT D .� F Z � F � J Z L U LL FF x� O LL F W W 'z F Z � z 7 C N = Y 4 �_ � Q F Ll \X Q>� VJ V O F OJ FO y J Z H '� �_ Z N W * 4 4 rq m A F+y W Z ,�- C G r LL: �' N ILL r �= S Fc O W f a y Q LL 7- evil 1�' W W 's a W ti Q 4 h j J N U X o ti+ X a b Z 0 O U Q Z O �f p;i' i— w Z I _ IL I e' , �...,•� -tea �:-1 ��---�- j �� � �� ���������� - — _ Nllllilli JIIIIII�llllll;;„IIIIIlil) tJllllllllllll {I I • r � � � -- - --- E.T. z IM. 7uia,ri�ulwiiiluunrarf`iG' i -A -- •- 'h }•'^., .'" "`-` III AQ -- .-� � � 2 � 4 � `_` _-�.--• ..� Ill I �I %. -�c Q1 I, +� a 5 RECEIVED FEB 19 2015 SECRETARY OF STATE P I Y Linda McCulloch -�-� State of :Montana I T Montana State Capitol PO Box 202801 Helena, MT 59620-2801 ROCKY MOUNTAIN LAW PARTNERS PLLP PO BOX 1758 KALISPELL MT 59903 CERTIFICATE OF FILING I, LINDA McCULLOCH, Secretary of State of the State of Montana, do hereby certify that BLOOMSTONE HOMEOWNERS' ASSOCIATION, INC. filed its ARTICLES OF INCORPORATION in this office and has fulfilled the applicable requirements set forth in law. By virtue of the authority vested in the office, I hereby issue this certificate evidencing filing effective on the date shown below. I wish you the best of luck with aU your future endeavors as part of the Montana business community. Certified File Number: D258063 - 1596516 Dated: February 13, 2015 Effective Date: February 12, 2015 The first Annual Report must be delivered to the Secretary of State between January 1 and April 15 of the year following the calendar year in which a Domestic or Foreign Corporation or Limited Liability Company was incorporated or authorized to transact business. Subsequent Annual Reports must be delivered to the Secretary of State between January 1 and April 15 each year thereafter. Linda McCulloch Secretary of State * D 2 5 8 0 6 3* 1 5 9 6$ 1 6 Sq�g @TA E OF MONTA� f FILED �T ARTICLE$ OF INCORPORATION OF FEB x 2 2015 BLOOMSTONIE H0�MOWVNERS' ASSOCIA'1.'IONi,1NCRE1ARY OF STATE The undersigned person, as incorporator, executes these Articles of incorporation for the purpose of forming a Montana nonprofit corporation under the Montana Nonprofit Corporation Act, Title 35, Chapter 2, Montana Code Annotated, ARTICLE I Name. The name of the nonprofit corporation is Bloomstone Homeowners' Association, Inc. ARTICLE H Registered Agent. The name and address of the registered office/agent is Tura Davis 124 Sweau Ridge Ct., Kalispell, Montana 59901. ARTICLE III Mutual Benefit Corporation. The nonprofit corporation is a mutual heneSt corporations with members. ARTICLE IV Duration. The duration of the corporate existence shall be perpetual, ARTICLE V Dissolution. Upon the dissolution of the nonprofit corporation, all assots, if any, of the corporation shall be distributed as set forth in the By -Laws and as required by law. ARTICLE VI Indemnification. The pwpose of the corporation is to act as and constitute a homeowners association. The directors and officers of said corporation are and shall be kademnlfied from personal liability to the corporation or members of the corporation for monetary damages as set forth in the corporate By -Laws, provided that said indemnity provisions are not in conflict with the provision allowed pur'suaw,to §35,2-213(2Xe) in which case said statutorily allowed finder rAfication shall pontml. incorporator. The name of the undersigned inca such incorporator's address is 1930 3rd Ave. R. Suite 301, Dawl: ar 2015 is Mark W. Buckwaher, and 1, MT 59901, FEB-12-2016 12:69 99% P.004 BLOOMSTONE HOMEOWNERS' ASSOCIATION, INC. BYLAWS ARTICLE I NAMES, DEFINITIONS, AND OFFICES Section 1.1 Name. The name of the Corporation is Bloomstone Homeowners' Association, Inc., a Montana non-profit Corporation (the "Association"). Section 1.2 Definitions. Any definitions set forth in the Declaration of Covenants, Conditions and Restrictions of Bloomstone Subdivision, as amended from time to time and recorded in the office of the Clerk and Recorder of Flathead County, Montana (the "Declaration"), will apply to these Bylaws. All defined terms used in these Bylaws will have the same meaning as the defined terms used in the Declaration, unless the defined terms in these Bylaws or the context of these Bylaws clearly indicates otherwise. Section 1.3 Principal Office. The Association's principal office shall be located within Flathead County, Montana. The Association's most current "ANNUAL REPORT" filed with the Montana Secretary of State, shall identify the location of the principal office. The Board of Directors may designate the location of these other offices. The secretary of the Association shall maintain a copy of all records required by Section 2.17 of Article II at the principal office. Section 1.4 Registered Office. The Association's "REGISTERED OFFICE' shall be located within Montana at the address of the Association's "REGISTERED AGENT". The location of the REGISTERED OFFICE may be, but need not be identical with that of the principal office if the latter is located within Montana. The Board of Directors or a majority of the Members may change the Registered Agent and the address of the Registered Office from time to time upon filing the appropriate statement with the Secretary of the State of Montana. ARTICLE II MEMBERSHIP Section 2.1 Members. (a) Membership. Each Owner of a Lot shall be a Member of the Association with such voting and other rights and obligations as set forth herein and in the Declaration. (b) Nondiscrimination. Membership in the Association shall be available without regard to race, color, creed, religion, sex, age, marital status. physical or mental handicap or national origin, or ancestry. (c) Membership Rights and Obligations. All Members have the same rights, privileges, and obligations as set forth in these Bylaws and in the Declaration. Section 2.2 Annual Membership Meeting. The Members shall convene their annual meeting on the first Dr of ,,beginning with the year 2015 at the hour of 6:00 P.M., or at another tMe on another day within the month that the Board of Directors designates. At the annual meeting, the Members shall elect Directors and transact any other business as may come before the meeting. Pase 1 of 17 If the date of the annual meeting is a legal holiday in Montana, the meeting shall be held on the next succeeding business day. Section 2.3 Special Membership Meetings. The President, Secretary, Board of Directors, or 25% of the Members may call a special membership meeting for any purpose or purposes described in the meeting notice. If 25% of Members request a special meeting, they must do so in writing, and sign, date, and deliver the demand to any corporate officer at least 10 but not more than 15 days before the Association must give notice of the meeting; the President shall then call the special meeting on these Members' behalf. For purpose of determining whether the Members have met the 25% requirement, the record date is at 5:00 P.M. on the 301h day before delivery of the demand for a special meeting to any corporate officer. Section 2.4 Membership Meetings by Conference Telephone. Members may participate in a membership meeting, if authorized by the Board of Directors, by means of a conference telephone or similar communications equipment, provided all persons entitled to participate in the meeting received proper notice of the meeting and provided all persons participating in the meeting can hear each other at the same time. A member participating in a meeting by conference telephone is deemed present in person at the meeting. The chairperson of the meeting may establish reasonable rules as to conducting business at any meeting at which Members participate by phone. Section 2.5 Place of Membership Meeting. The Board of Directors may designate any place within Flathead County, Montana as the meeting place for any annual or special meeting of the Members. The Members may change the meeting place if all the Members entitled to vote at the meeting agree by written consents to another location. The written consents may be in the form of waiver of notice or otherwise. The new location may be either within or outside the State of Montana. If the Board of Directors does not designate a meeting place, then the Members shall meet at the principal office of the Association. Section 2.6 Notice of Membership Meeting. (a) Required notice. The Secretary of the Association shall deliver notice of the membership meeting to each record Member. (b) Manner of Communication. The Secretary of the Association may deliver to the Members notice of the membership meeting by a separate written notice, or by a newsletter of the Association. The notice must be given in a fair and reasonable manner: it must be in writing and must state the place, day and hour of any meeting. If Members may participate telephonically, the notice, in addition to designating the time and place, must designate the appropriate telephone number for telephonic participation. (c) Effective Date. The Secretary shall deliver the notice, either personally or by mail, not less than 10 nor more than 60 days before the date of the meeting. Notice shall be deemed to be effective at the earlier of the following: (1) the date when the notice is deposited in the United States mail, if mailed postpaid and correctly addressed to the Member at the Member's designated address provided to the Association by such Member for notice purposes; or Page 2 of 17 (2) the date when received. (d) Adjourned Meeting. If the Members adjourn any membership meeting to a different date, time, or place, the Secretary need not give notice of the new date, time and place, if the new date, time, and place is announced at the meeting before adjournment. But if the Board of Directors fix a new record date for the adjourned meeting, or must fix one pursuant to Section 2.8, then the Secretary must give notice. in accordance with the requirements of paragraphs (b) and (c) of this Section 2.6 to those persons who are Members as of the new record date. (e) Waiver of Notice. A Member entitled to a notice may waive notice of the meeting (or any notice required by the Montana Nonprofit Corporation Act or these Bylaws), by a writing signed by the Member. The Member must send the notice of waiver to the Corporation (either before or after the date and time stated in the notice) for inclusion in the minutes or filing with the corporate records. A Member's attendance at a meeting: (1) waives the Member's right to object to lack of notice or defective notice of the meeting, unless the Member at the beginning of the meeting objects to holding the meeting or transacting business at the meeting. (2) waives the Member's right to object to consideration of a particular matter at the meeting that is not within the purpose or purposes described in the meeting notice, unless the Member objects to considering the matter when it is presented. (0 Contents of Notice. Unless otherwise provided by the Montana Nonprofit Corporation Act, the notice of an annual membership meeting need only state in general terms a description of the meeting's purpose or purposes. However, the notice of each special membership meeting shall include a description of the meeting's purpose or purposes. Regardless of whether the notice is of an annual or special membership meeting, if a purpose of the meeting is for the Members to consider either: (1) a proposed amendment to the Articles of Incorporation (including any restated articles requiring Member approval); (2) a plan of merger; (3) the sale, lease, exchange or other disposition of all, or substantially all of the Association's property; (4) the dissolution of the Association; or (5) the removal of a Director, then the notice must state this purpose and be accompanied by a copy or summary, if applicable, of the: (1) amendment to articles; (2) plan of merger; or (3) transaction for disposition property. of all or substantially all of the Association's Likewise, if the Association indemnifies or advances expenses to a Director as provided by the Montana Nonprofit Corporation Act or these Bylaws, the Secretary shall report this information in writing to all the Members with or before notice of the next membership meeting. Page 3 of 17 Section 2.7 Conduct of Membership Meetings. (a) Conduct of Meeting. The President, or in the President's absence, the Vice - President, or in their absence, any person chosen by the Members present shall call the membership meeting to order and shall act as the chairperson of the meeting. The chairperson (or a person designated by the chairperson) shall establish rules of the meeting that will freely facilitate debate and decision making. The chairperson will indicate who may speak when and when a vote will be taken. The Secretary of the Association shall act as the Secretary of all meetings of the Members, but in the Secretary's absence, the presiding officer may appoint any other person to act as the Secretary of the meeting. (b) Order of Business. The order of business at a membership meeting shall be as follows: (1) call to order, (2) reading of prior minutes, (3) election of Directors, if that is the purpose the meeting, (4) business specified by the notice, (5) unfinished business, (6) new business, (7) adjournment. At the annual meeting, the President and Treasurer shall report on the activities and financial condition of the Association. Section 2.8 Fixing of Record Date (a) Fixing a Record Date. For the purpose of determining the Members entitled to notice of or to vote at any meeting, or to express consent to any proposals to which Membership consent is required, the Board of Directors of the Association may fix, in advance, a date as the record date for determination of those Members who are so entitled. The Board may also fix a record date to determine which Members belong in a group for any proper purpose involving matters pertinent to the Association. The record date shall not be more than 20 days nor less than 1 day before the notice of any meeting, general or special, is first delivered to Members. In all other events the record date elected by the Directors may be no more than 10 days and no less than 3 days before the first notification of Members' rights to express consent or to belong to a group is delivered to Members. (b) No Record Date is Fixed. If the Board of Directors does not fix a record date, the record date for determination of Members entitled to notice of or to vote at any meeting, or to express consent or to belong to any group, shall be at 5:00 P.M. on the day preceding the day on which notices to Members so entitled are first delivered. (c) Adjournment. In the event of an adjournment, the Board of Directors may fix a new record date. The Board of Directors must fix a new record date if the meeting is adjourned to a date more than 70 days after the date fixed for the original meeting. Section 2.9 Membership List (a) Contents of List. After the Board fixes a record date for notice to Members, the officer or agent maintaining the Association's record books shall prepare a complete record of the Members entitled to such notice. The record shall include the address of each Member. Page 4 of 17 (b) Inspection. The membership list must be available for inspection by any Member, beginning 2 business days after the Secretary first gives the notice for which the list was prepared. The list will continue to be available throughout the meeting. The list shall be located for inspection at the Association's principal office or at a place identified in the meeting notice in the city where the meeting is to be held. A Member or the Member's agent or attorney is entitled, on written demand, to inspect and, subject to the requirements of paragraph (c) below, to copy the list during regular business hours. The Member shall be responsible for any reasonable inspection and copying expenses. The Association shall maintain the membership list in written form or in another form capable of conversion into written form within a reasonable time. (c) Limitations on Use of Membership List. Without consent of the Board, a membership list or any part of it may not be obtained or used by a person for any purpose unrelated to a Member's interest as a Member. This prohibition against use of membership list for unrelated purposes includes but is not limited to: (1) using the list to solicit money or property unless the money or property will be used solely to solicit the votes or consents of Members in any matter submitted to Members for their approval. (2) using the list for any commercial purposes; or (3) the selling or purchasing of the list. Section 2.10 Membership Quorum and Voting Requirements (a) Quorum. Forty percent (40%) of the votes entitled to be cast on a matter must be represented at a meeting of Members to constitute a quorum on that matter. Once a quorum is represented for any purpose at a meeting, the Association shall deem it present for quorum purposes for the remainder of the meeting and for any adjournment of the meeting unless a new record date is or must be set for that adjourned meeting. (b) Voting. If a quorum exists, and the votes cast in favor of an action (other than the election of Directors) constitute a majority of the votes present at the meeting, then the Association shall consider the action on a matter approved. (c) Number of Votes. Each Lot, regardless of how held, shall be entitled to one vote on all matters submitted to Members for approval. Section 2.11 Proxies At all membership meetings, a Member may vote in person, or by proxy. The Member may appoint a proxy to vote by signing an appointment form, either personally or by attorney -in - fact. The Association shall consider a proxy appointment valid if made in writing and filed with the Secretary of the Association before or at the time of the meeting. No proxy shall be valid after 11 months from the date it was made, unless otherwise provided in the proxy. Section 2.12 Voting of Membership Each Member (subject to the provisions of Section 2.10) is entitled to one vote on each matter voted on by the Members. Unless otherwise stated in these Bylaws, when Members vote to take action on a matter, a majority vote shall carry. Page 5 of 17 Section 2.13 Association's Acceptance of Votes (a) When Signature Corresponds to Member's Name. If the name signed on a vote, consent, waiver, or proxy appointment corresponds to the name of a Member, the Association, if acting in good faith, is entitled to accept the vote, consent, waiver, or proxy appointment and give it effect as the act of the Member. (b) When Signature Doesn't Correspond to Member's Name. If the name signed on a vote, consent, waiver, or proxy appointment does not correspond to the name of a Member, the Association, if acting in good faith, is nevertheless entitled to accept the vote, consent, waiver, or proxy appointment and give it effect as the act of the Member if: (1) the Member is an entity as defined in the Montana Nonprofit Corporation Act and the name signed purports to be that of an officer or attorney -in -fact of the Member and, if the Association requests, evidence acceptable to the Association of the signatory's authority to sign for the Member has been presented with respect to the vote, consent, waiver, or proxy appointment; (2) the name signed purports to be that of an officer or attorney -in -fact of the Member and, if the Association requests, evidence acceptable to the Association of the signatory's authority to sign for the Member has been presented with respect to the vote, consent, waiver, or proxy appointment; (3) two or more persons hold the membership as households, cotenants or fiduciaries and; (i) the name signed purports to be the name of at least one of the coholders; and (ii) the person signing appears to be acting on behalf of all the coholders. (c) Doubt About Validity of Signature. The Association is entitled to reject a vote, consent, waiver, or proxy appointment if the Secretary or other officer or agent authorized to tabulate votes, acting in good faith, has reasonable basis for doubt about the validity of the signature or about the signatory's authority to sign for the Member. (d) No Liability. The Association and any officer or agent who accepts or rejects a vote, consent, waiver, or proxy appointment in good faith and in accordance with the standards of this Section are not liable in damages to the Member for the consequences of the acceptance or rejection. Section 2.14 Informal Action by Members The Members may act on any matter generally required or permitted at a membership meeting, without actually meeting, if 80% of the Members entitled to vote on the subject matter sign one or more written consent(s) to the action; the Members must deliver the consent(s) to the Association for inclusion in the minute book. Section 2.15 Members Electing Directors (a) Board Determination of Method. The Board of Directors shall be vested with authority to determine how the candidates for the Board of Directors shall be selected and Page 6 of 17 whether or not the Directors shall be elected at a duly called meeting or by informal action as set forth in Section 2.14 of these Bylaws. (b) Determination of Winners of Election. Those nominees elected to the Board shall be those nominees receiving the largest number of votes. For example, if three Board positions are open, the three receiving the highest number of votes will be elected. Cumulative voting is not authorized. Section 2.16 Corporate Records (a) Minutes and Accounting Records. The Association shall keep a permanent record of the minutes of all meetings of its Members and Board of Directors, a record of all actions taken by the Members or Board of Directors without a meeting, and a record of all actions taken by a committee of the Board of Directors acting in place of the Board and on behalf of the Association. The Association shall maintain appropriate accounting records. (b) Membership List. The Association shall maintain a record of the Members' names and addresses. The membership list shall indicate each Member is entitled to one vote. (c) Form. The Association shall maintain its records in written form or in another form capable of conversion into written form within a reasonable time. (d) Other Records. The Association shall keep a copy of the following records at its principal office or at a location from which the records may be recovered within 2 business days: (1) its Articles or restated Articles of Incorporation and all amendments to them currently in effect; (2) its Bylaws or restated Bylaws and all amendments to them currently in effect; (3) resolutions adopted by its Board of Directors; (4) the minutes of all membership meetings, and records of all actions taken by Members without a meeting, for the past 3 years; (5) the financial statements furnished for the past 3 years to the Members; (6) a list of the names and business addresses of its current Directors and officers; and, (7) its most recent annual report delivered to the Secretary of State. Section 2.17 Member's Rights to Inspect Corporate Records (a) Absolute Inspection Rights of Records by Members. A Member (or a Member's agent or attorney) is entitled to inspect and copy, at a reasonable time and location specified by the Association, any of the records of the Association described in Section 2.16. The Member must give the Association written notice or a written demand to inspect at least 5 days before the date on which the Member wishes to inspect and copy. (b) Conditional Inspection Right. The Member (or the Member's agent or attorney) may inspect and copy, at a reasonable time and reasonable location specified by the Association, additional records (listed in Section 2.16) if the Member meets the following criteria: Page 7 of 17 (1) the Member must give the Association a written demand to inspect made in good faith and for a proper purpose at least 5 business days before the date on which the Member wishes to inspect and copy; and (2) the Member must describe with reasonable particularity: (i) the Member's purpose; and (ii) the records that the Member desires to inspect; and (3) the Association must approve that the records are directly connected with the Member's purpose. (c) Additional Records. If the Member meets the requirements of paragraph (b) (1), (2) and (3) above, the Member may inspect and copy: (1) excerpts from minutes of any meeting of the Board of Directors, records of any action of a committee of the Board of Directors acting on behalf of the Association, minutes of any meeting of the Members, and records of action taken by the Members without a meeting, to the extent not subject to inspection under (paragraph (a) of Section 2.17; and (2) accounting records of the Association; and (3) subject to provisions of Section 2.16, the membership list. (d) Copy Costs. The right to copy includes the right to photograph, xerox, or copy by other reasonable means. The Association may impose a reasonable charge, covering the costs of labor and material, for copies of any documents provided to the Member. The charge may not exceed the estimated cost of production or reproduction of the records. ARTICLE III. BOARD OF DIRECTORS Section 3.1 General Powers The business and affairs of the Association shall be managed under the direction of the Board of Directors. Section 3.2 Number, Tenure, and Qualifications of Directors Subject to provisions pertaining to Kalispell National Investment Company. L.L.C. (hereinafter "Declarant") control as provided in the Declaration, the number of the Directors of the Association shall be 3. Each Director shall have one vote on any matter that comes before the Board. Each Director shall hold office until the next annual membership meeting or until replaced or removed in accordance with the terms of the Declaration or these Bylaws. If the Director's term expires, the Director shall continue to serve until the Members have elected and qualified a successor or until the number of Directors is decreased by action of the Directors or by the Members. Pending matters pertaining to Declarant's control, Directors need not be residents of Montana, but must be either Members of the Association or the designated voting Member of any corporation, limited liability company, partnership, or other entity which is a Member of the Association. Section 3.3 Declarant's Control Page 8 of 17 The Declaration provides that the Declarant shall maintain controls over the conduct of affairs by the Association subject to the provisions, conditions, and requirements set forth in the Declaration. Until termination of said control, the Directors of the Association shall be appointed or placed in office as provided in the Declaration. Directors appointed by the Declarant need not be Members, shall hold office at the pleasure of the Declarant, and shall be replaced at the pleasure of the Declarant. Section 3.4 Removal of Directors Except for those Directors appointed by the Declarant during the term of Declarant's control, Directors may be removed, with or without cause, if a majority of the Members present at a duly constituted meeting vote for the removal. Removal is effective only if it occurs at a meeting called for that purpose. The notice of said meeting must be sent to all Members and Directors and recite specifically therein that the purpose or a purpose of the meeting is removal of the specified Director. Section 3.5 Board of Directors Vacancies If a vacancy occurs on the Board of Directors, including a vacancy resulting from an increase in the number of Directors, the Directors may fill the vacancy. If the Directors remaining in office constitute fewer than a quorum of the Board, they may fill the vacancy by the affirmative vote of a majority of all the Directors remaining in office. If a Director resigns effective at a specific later date, the Directors may fill the vacancy, before the vacancy occurs, but the new Director may not take office until the vacancy actually occurs. When the Directors elect a Director to fill a vacancy, the Director's term expires at the next membership meeting at which Members elect Directors. Section 3.6 Meetings of the Board of Directors The Board of Directors shall hold a regular meeting immediately after, and at the same place as, the annual membership meeting. No notice of the Director's meeting, other than these Bylaws, is required. The Board of Directors may provide by resolution the date, time and place where additional regular meetings may be held. Unless approved by the Board of Directors unanimously, the regular meeting of the Board of Directors must be held in the county where the company's principal office is located. Section 3.7 Special Meetings of the Board of Directors The presiding officer of the Board, the President of the Association, or any, or 20% of the Directors then in office, may request a special meeting of the Board of Directors. The presiding officer of the Board shall fix the place and time where the special meeting shall be held. Unless otherwise approved by the Board unanimously, the location of any such special meeting shall be in the county where the Association has its principal office. Section 3.8 Participation in Board of Directors Meeting by Telephone Conference At any meeting of the Board of Directors, including the regular meeting, upon the request of any Director, the Director or any Member of a designated committee of the Association may participate in any regular or special Board meeting by means of a conference telephone or similar communication equipment. In such an event, all persons entitled to participate in the meeting must receive proper notice of same and all persons participating must be able to hear each other at the same time. All or any persons participating by telephone or other similar communication equipment are deemed present at the meeting. The chairperson of the meeting shall establish reasonable rules to insure the intent of this paragraph is met. Page 9 of 17 Section 3.9 Notice of, and Waiver of Notice for, Special Directors Meetings (a) Notice. The Association's Secretary shall give either oral or written notice of any special Director meeting at least 5 days before the meeting. The notice shall include the meeting place, day and hour. The Secretary will use all reasonable efforts to provide that all Directors attend said meeting either in person or by telephonic or other communication means. (b) Effective Date. If mailed, notice of any Director meeting shall be deemed to be effective at the earlier of: (1) 5 days after deposited in the United States mail, addressed to the Director's business office, with postage prepaid; or (2) the date shown on the return receipt (if sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the Director); or (3) the date when received. (c) Waiver of Notice. Any director may waive notice of any meeting. The waiver must be in writing, signed by the Director entitled to the notice, and filed with the minutes or corporate records. A Director's attendance at a meeting waives the Director's right to object to lack of notice or defective notice of the meeting; unless the Director, at the beginning of the meeting (or promptly upon arrival), objects to holding the meeting or transacting business at the meeting, and does not vote for or assent to action taken at the meeting. Neither the Secretary nor Director needs to specify in the notice or waiver of notice the business to be transacted at, or the purpose of, any special Board meeting. Section 3.10 Directors, Quorum, and Directors Manner of Acting (a) A majority of the number of Directors shall constitute a quorum for the transaction of business. (b) The act of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors. If no quorum is present, the Directors may not take action on any Board matter other than to adjourn the meeting to a later date. Section 3.11 Directors Action Without a Meeting The Directors may act on any matter generally required or permitted at a Board meeting, without actually meeting, if: all the Directors take the action, each one signs a written consent describing the action taken, and the Directors file all the consents with the records of the Association. Action taken by consent is effective when the last Director signs the consent, unless the consent specifies a different effective date. A signed consent has the effect of a meeting vote and may be referred to as a meeting vote in any document. Section 3.12 Directors Committees (a) Creation of Committees. The Board of Directors may create one or more committees and appoint members of the Board to serve them. Each committee must have two (2) or more Directors, who serve at the pleasure of the Board of Directors. Page 10 of 17 (b) Section of Members. To create a committee and appoint members to it, the Board must acquire approval by the majority of all the existing Directors when the action is taken. (c) Authority. Each committee may exercise the specific Board authority which the Board of Directors confers upon the committee in the resolution creating the committee. Provided, however, a committee may not: (1) approve or recommend to Members dissolution, merger, or the sale, pledge, or transfer of all or substantially all of the Association's assets; (2) elect, appoint, or remove Directors or fill vacancies on the Board of Directors or on any of its committee; or (3) adopt, amend, or repeal the Articles or Bylaws. Section 3.13 Compensation for Directors Director Compensation. The Board of Directors may, upon approval of the majority of that Board, pay each Director expenses, if any, of attendance at each Board meeting or committee meeting of the Board. The Directors shall not be paid a salary or fee for attending the meeting. A Director may, however, serve the Association as an employee and receive compensation. SECTION IV. OFFICERS Section 4.1 Number of Officers The officers of the Association shall be a President, a Vice President, a Secretary, and a Treasurer. The Board of Directors shall appoint each of these officers. The Board may appoint other officers and assistant officers, including additional Vice -Presidents, if it deems it necessary. If the Board of Directors specifically authorizes an officer to appoint one or more officers or assistant officers, the officer may do so. The same individual may simultaneously hold more than one office in the Association. Section 4.2 Appointment and Term of Office The Board of Directors shall appoint officers of the Association for a term that the Board determines. If the Board does not specify a term, the officers shall hold office for one year or, within that year, until they resign, die or are removed in a manner provided in Section 4.3. A designation of a specified term does not grant to the officer any contract rights, and the Board can remove the officer at any time prior to the termination of the designated term. Section 4.3 Removal of Officer The Board of Directors may remove any officer or agent any time, with or without cause. The removal shall be without prejudice to the contract rights, if any, of the persons removed. A Board's appointment of an officer or agent shall not of itself create contract rights. Section 4.4 President The President shall be the principal executive officer of the Association. The President shall be subject to the control of the Board of Directors, and shall in general supervise and control, in good faith, all of the business and affairs of the Association. The President shall, Page 11 of 17 when present, preside at all meetings of the Board of Directors. The President may sign, with the Secretary or any other proper officer of the Association that the Board has authorized, Association deed, mortgages, bonds, contracts, or other Board authorized instruments. Section 4.5 The Vice -President The Vice -President, or if there is more than one, the Vice -Presidents in the order in which they were appointed, shall perform, in good faith, the President's duties if the President is absent, dies, is unable or refuses to act. If a Vice -President acts in the absence of the President, the Vice -President shall have all Presidential powers and be subject to all the restrictions upon the President. (If there is no Vice -President or the Vice -President is unable or refuses to act, then the Secretary shall perform the Presidential duties.) The Vice -President shall perform any other duties that the President or Board may assign to the Vice -President. Section 4.6 The Secretary The Secretary shall in good faith: (1) create and maintain one or more books for the minutes of the proceedings of the Members and of the Board of Directors; (2) provide that all notices are served in accordance with Bylaws or as required by law; (3) be custodian of the corporate records; (4) when requested or required, authenticate any records of the Association; (5) keep a current register of the post office address of each Member; and (6) in general perform all duties incident to the office of Secretary and any other duties that the President or the Board may assign to the Secretary. Section 4.7 The Treasurer The Treasurer shall: (1) have charge and custody of and be responsible for all funds and securities of the Association; (2) receive and give receipts for monies due and payable to the Association from any source, and deposit all monies in the Association's name in banks, trust companies, or other depositaries that the Board shall select; (3) submit the books and records to a Certified Public Accountant or other accountant for annual audit or review; and (4) in general perform all of the duties incident to the office of Treasurer and any other duties that the President or Board may assign to the Treasurer. If required by the Board of Directors, the Treasurer shall give a bond for the faithful performance of the Treasurer's duties and as insurance against the misappropriation of funds. If a bond is required, it shall be in a sum and with the surety or sureties that the Board of Directors shall determine. Section 4.8 Assistant Secretaries and Assistant Treasurers The assistant Secretaries and assistant Treasurers, in general, shall perform the duties that the Secretary or Treasurer, respectively, or the President or Board may assign to them. The assistant Treasurers shall, if required by the Board, give bonds for the faithful performance of their duties and as insurance against the misappropriation of funds; the bond shall be in sums and with the sureties that the Board of Directors shall determine. Section 4.9 Salaries, Loans to, or Guarantees for Officers The Board of Directors may fix and or adjust salaries of the officers from time to time. ARTICLE V. INDEMNIFICATION OF DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES Section 5.1 Indemnification of Directors Page 12 of 17 An officer and the Board of Directors of the Association, any persons acting on a committee of the Association who is made a party to a proceeding because individuals is or was a Director or acting on behalf of a Director, shall be and will be indemnified by the Association against all or any liability incurred, if said individual conducted himself/herself in good faith, reasonably believed in his/her official capacity that the conduct exercised was in the Association's best interest, and had no reasonable cause to believe either, that the conduct or actions were either unlawful or were not in the best interest of the Association. In determining whether indemnification is applicable, the termination of any proceeding by judgment, order, settlement, conviction, or any plea is not of itself a determination that the Director or officer did not meet the standards described in this indemnification section. This provision for indemnification does not extend to any matters in which the Director or officer is judged liable to the Association or the Director or officer is charged with and found to have received personal benefit whether or not arising in his/her official capacity. Nothing in the indemnification provisions herein contained is deemed to limit or in any way abrogate any mandatory indemnification provisions for officers, Directors, and agents of nonprofit corporations provided for from time to time by law. Section 5.2 Advance Expenses for Directors The Association may pay for or reimburse, in advance of final disposition of the proceeding, the reasonable expenses incurred by a Director who is a party to a proceeding if. (1) by following the procedures of the Montana Nonprofit Corporation Act the Board of Directors determined that the Director met requirements (3)-(5) listed below; and (2) the Board of Directors authorized an advance payment to a Director; and (3) the Director has furnished the Association with a written affirmation of the Directors' good faith belief that the Director has met the standard of conduct described in Section 5.1 of Article V; and (4) the Director has furnished the Association with a written undertaking, executed personally or on the Director's behalf, to repay the advance if it is ultimately determined that the Director did not meet the standard of conduct; the Director's undertaking must be an unlimited general obligation, but need not be secured, and the Association may accept the undertaking without reference to financial ability to make repayment; and (5) the Board of Directors determines that the facts then known to it would not preclude indemnification under Section 5.1 of this Article V or the Montana Nonprofit Corporation Act. Section 5.3 Indemnification of Officers, Agents and Employees The Board of Directors may choose to indemnify and advance expenses to any officer, employee, or agent of the Corporation applying those standards described in Sections 5.1 and 5.2 of Article V. Section 5.4 Mandatory Indemnification Notwithstanding any other provisions of these Bylaws, the Corporation shall indemnify a Director or officer, who was wholly successful, on the merits or otherwise, in the defense of any Page 13 of 17 proceeding to which the Director or officer was a party because he or she is or was a Director or officer of the Association, against expenses incurred by the Director or officer in connection with the proceeding. ARTICLE VI. CONTRACTS, LOANS, CHECKS AND DEPOSITS; SPECIAL CORPORATE ACTS Section 6.1 Contracts The Board of Directors may authorize any officer or officers, agent or agents, to enter into any contract or execute or deliver any instruments in the name of and on behalf of the Association and such authorization may be general or confined to specific instruments. Section 6.2 Loans The Association shall not allow anyone to contract on behalf of it for indebtedness for borrowed money unless the Board of Directors authorizes such a contract by resolution. The Association shall not allow anyone to issue evidence of the Association's indebtedness unless the Board of Directors authorizes the issuance by resolution. The authorization may be general or specific. Section 6.3 Checks, Drafts, etc. The Board of Directors shall authorize by resolution which officer(s) or agent(s) may sign and issue all Association checks, drafts or other orders for payment of money, and notes or other evidence of indebtedness. The Board of Directors shall also determine by resolution the manner in which these documents will be signed and issued. Section 6.4 Deposits The Treasurer shall deposit all funds of the Association, that are not being used, in banks and other depositories; the Board of Directors shall authorize by Board resolution the exact location of the banks and depositories. ARTICLE VII. PROHIBITED TRANSACTIONS AND PRECEDENCE Section 7.1 Prohibited Transactions (a) Prohibition Against Sharing in Corporation Earnings. No Member, Director, officer, employee, committee member, or person connected with the Association shall receive at any time any of the net earnings or pecuniary profit from the operations of the Association; provided that this shall not prevent the Association's payment to any person of reasonable compensation for services rendered to or for the Association in effecting any of its purposes as determined by the Board of Directors. (b) Prohibition Against Issuance of Stock Dividends, Distributions. The Association shall not have or issue shares of stock. No dividends shall be paid. No part of the income or assets of the Association shall be distributed to any of the persons listed in Section 2.1 without full consideration. The Association is prohibited from lending money or to guarantee the obligation of a Director or officer of the Association. No member of the Association has any vested right, interest or privilege in or to the assets, property, functions or activities of the Association. The Association may contract in due course, for reasonable consideration, with its Members, Directors or officers without violating this provision. Page 14 of 17 (c) No Personal Distributions Upon Dissolution. None of the persons listed in Section 2.1(a) shall be entitled to share in the distribution of any of the Association's assets upon the dissolution of the Association. All Members of the Association are deemed to have expressly agreed that, upon the dissolution or the winding up of the affairs of the Association, whether voluntary or involuntary, the assets of the Association, after all debts have been satisfied, then remaining in the hands of the Board of Directors, shall be distributed, transferred, conveyed, delivered, and paid over exclusively to the organization or organizations as the Board of Directors may designate. Receiving organizations must be organized and operated exclusively for charitable, education, religious or scientific purposes and at the time qualify as an exempt organization or organizations under Section 501(c)(3) of the Internal Revenue Code of 1986 as it now exists or may later be amended. (d) Other Prohibitions. Neither the Association, nor its Directors, nor its officers have any power to cause the Association to do any of the following with Related Parties: (1) make any substantial purchase of securities or other property, for more than adequate consideration in money or money's worth; (2) sell any substantial part of its securities or other property, for less than an adequate consideration in money or money's worth. For the purpose of this subsection, Related Parties means any person who has made a substantial contribution to the Association, or with a brother, sister, spouse, ancestor, or lineal descendant of the person giving, or with a corporation directly or indirectly controlled by the person giving. Section 7.2 Recognition of Covenants Covenants, conditions and restrictions contained in the Declaration as same exist or as same may be amended shall take precedence over these Bylaws in the event of conflict in terms. ARTICLE VIII. OPEN SPACE AND COMMON AREA MANAGEMENT PLAN Section 8.1 Responsibility for Open Space and Common Area Management The Declarant shall be responsible for maintenance of the Open Space and Common Areas within the Bloomstone Subdivision, which shall include maintenance of the sound wall and stormwater management measures, until Declarant has sold seventy percent (70%) of the single family lots within the Bloomstone Subdivision and Declarant has notified the Association in writing that the Declarant has determined that no additional property shall be added to the Bloomstone Subdivision, and then responsibility for such maintenance of the Open Space and Common Areas with the Bloomstone Subdivision shall be transferred to the Association. ARTICLE IX. AMENDMENTS Section 9.1 Amendments (a) General. An amendment (including adding and replacing Sections) to the Association's Bylaws must be approved by the majority of Members of the Association except that the Board may approve of amendments, if the amendment does not relate to the number of Directors, the composition of the Board, the term of office of Directors, or the method or way in which Directors are elected or selected, or the method for amending these Bylaws. Page 15 of 17 (b) Notice of Meeting to Vote Amendment. If the Board or the Members seek to have the amendment approved by the Members at a membership meeting, the Secretary shall give written notice to the Members of the proposed membership meeting, in accordance with Section 2.6. The notice must state that the purpose, or one of the purposes, of the meeting is to consider the proposed amendment and must contain or be accompanied by a copy or summary of the amendment. (c) Approval ofAmendment by Written Consent or Written Ballot. If the Board or the Members seek to have the amendment approved by the Members by written consent or by written ballot, the material soliciting the approval must contain or be accompanied by a copy or a summary of the amendment. (d) Member's Rights. The Members may amend or repeal or reinstate any Bylaws amended, deleted or added by the Board of Directors. IN WITNESS WHEREOF the undersigned Incorporator, pursuant to § 35-2-217 MCA, has executed and hereby certifies these Bylaws as duly adopted by said Corporation this_ day of February, 2015. rporator Page 16 of 17 (1). STATE OF MONTANA ) ) ss. County of Flathead ) On this o�& q%-- day of February 2015, before me the undersigned, a Notary Public for the State of Montana, personally appeared Mark W. Buckwalter, as Incorporator of Bloomstone Homeowners' Association, Inc., known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed Notary Seal the day and year fist above written. C00"? CAROL PI1T NOTARY PUBLIC for the State of Montana SEa Residing at Kalispell. Montana My Commission Expires July 19, 2016 Notary Public for the State OX ntana Printed Name: 014 POL Page 17 of 17 fT7� DEPARTMENT OF THE TREASURY lid INTERNAL REVENUE SERVICE CINCINNATI OH 45999-0023 BLOOMSTONE HOMEOWNERS ASSOCIATION INC % JIM DAVIS 124 SWAN RIDGE CT KALISPELL, MT 59901 Date of this notice: 05-25-2016 Employer Identification Number: 81-2752941 Form: SS-4 Number of this notice: CP 575 A For assistance you may call us at: 1-800-829-4933 IF YOU WRITE, ATTACH THE STUB AT THE END OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN). We assigned you EIN 81-2752941. This EIN will identify you, your business accounts, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records. When filing tax documents, payments, and related correspondence, it is very important that you use your EIN and complete name and address exactly as shown above. Any variation may cause a delay in processing, result in incorrect information in your account, or even cause you to be assigned more than one EIN. If the information is not correct as shown above, please make the correction using the attached tear off stub and return it to us. Based on the information received from you or your representative, you must file the following form(s) by the date(s) shown. Form 1120H 03/15/2017 If you have questions about the form(s) or the due date(s) shown, you can call us at the phone number or write to us at the address shown at the top of this notice. If you need help in determining your annual accounting period (tax year), see Publication 538, Accounting Periods and Methods. We assigned you a tax classification based on information obtained from you or your representative. It is not a legal determination of your tax classification, and is not binding on the IRS. If you want a legal determination of your tax classification, you may request a private letter ruling from the IRS under the guidelines in Revenue Procedure 2004-1, 2004-1 I.R.B. 1 (or superseding Revenue Procedure for the year at issue). Note: Certain tax classification elections can be requested by filing Form 8832, Entity Classification Election. See Form 8832 and its instructions for additional information. IMPORTANT INFORMATION FOR 5 CORPORATION ELECTION: If you intend to elect to file your return as a small business corporation, an election to file a Form 1120-5 must be made within certain timeframes and the corporation must meet certain tests. All of this information is included in the instructions for Form 2553, Election by a Small Business Corporation. (IRS USE ONLY) 575A 05-25-2016 BLOO B 9999999999 SS-4 If you are required to deposit for employment taxes (Forms 941, 943, 940, 944, 945, CT-1, or 1042), excise taxes (Form 720), or income taxes (Form 1120), you will receive a Welcome Package shortly, which includes instructions for making your deposits electronically through the Electronic Federal Tax Payment System (EFTPS). A Personal Identification Number (PIN) for EFTPS will also be sent to you under separate cover. Please activate the PIN once you receive it, even if you have requested the services of a tax professional or representative. For more information about EFTPS, refer to Publication 966, Electronic Choices to Pay All Your Federal Taxes. If you need to make a deposit immediately, you will need to make arrangements with your Financial Institution to complete a wire transfer. The IRS is committed to helping all taxpayers comply with their tax filing obligations. If you need help completing your returns or meeting your tax obligations, Authorized e-file Providers, such as Reporting Agents (payroll service providers) are available to assist you. Visit the IRS Web site at www.irs.gov for a list of companies that offer IRS e-file for business products and services. The list provides addresses, telephone numbers, and links to their Web sites. To obtain tax forms and publications, including those referenced in this notice, visit our Web site at www.irs.gov. If you do not have access to the Internet, call 1-800-829-3676 (TTY/TDD 1-800-829-4059) or visit your local IRS office. IMPORTANT REMINDERS: * Keep a copy of this notice in your permanent records. This notice is issued only one time and the IRS will not be able to generate a duplicate copy for you. You may give a copy of this document to anyone asking for proof of your EIN. * Use this EIN and your name exactly as they appear at the top of this notice on all your federal tax forms. * Refer to this EIN on your tax -related correspondence and documents. If you have questions about your EIN, you can call us at the phone number or write to us at the address shown at the top of this notice. If you write, please tear off the stub at the bottom of this notice and send it along with your letter. If you do not need to write us, do not complete and return the stub. Your name control associated with this EIN is BLOO. You will need to provide this information, along with your EIN, if you file your returns electronically. Thank you for your cooperation. (IRS USE ONLY) 575A 05-25-2016 BLOO B 9999999999 SS-4 Keep this part for your records. CP 575 A (Rev. 7-2007) Return this part with any correspondence so we may identify your account. Please correct any errors in your name or address. CP 575 A Your Telephone Number Best Time to Call DATE OF THIS NOTICE: 05-25-2016 ( ) - EMPLOYER IDENTIFICATION NUMBER: 81-2752941 FORM: SS-4 NOBOD INTERNAL REVENUE SERVICE BLOOMSTONE HOMEOWNERS ASSOCIATION CINCINNATI OH 45999-0023 INC o JIM DAVIS 124 SWAN RIDGE CT KALISPELL, MT 59901