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Staff Report/Final PlatPlanning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kaHspell.com/planning REPORT TO: Kalispell Mayor and City Council FROM: Nicole C. Johnson, Planner II James H. Patrick, City Manager SUBJECT Final Plat for Legends Court MEETING DATE: October 6, 2008 BACKGROUND: This is a request for final plat approval for a 3 lot subdivision on two existing tracts of land located at 1224 4th Avenue West in Kalispell. The property is approximately 0.473 of an acre in size and can be legally described as Assessor's Tracts 8T1 and 8T11 in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Preliminary plat approval for the minor subdivision was granted by the Kalispell City Council on June 16, 2008 with 13 conditions of approval. At this time only limited work has begun on the site including the removal of two outbuildings and some minor grading. A Subdivision Improvements Agreement (SIA) is included with the final plat request in the amount of $15,084 (125% of actual construction estimates) with a completion date of October 31, 2009. The agreement ensures the required sidewalk along 4th Avenue West, street trees, utilities and access paving are completed. A letter of credit in the amount of $15,084 with an expiration date of April 7, 2010 from West One Bank was submitted for the remaining improvements. RECOMMENDATION: A motion to approve the final plat for Legends Court and to accept the Subdivision Improvements Agreement with the securities totaling $15,084 would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, i�� � . Vr� Nicole C. Johnso Planner II Report compiled: September 30, 2008 ames . Patrick City Manager Attachments: Letter of transmittal Final plat application and supporting documents Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kaHspell.com/planning October 1, 2008 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Re: Final Plat for Legends Court Dear Jim: This is a request for final plat approval for a 3 lot subdivision on two existing tracts of land located at 1224 4th Avenue West in Kalispell. The property is approximately 0.473 of an acre in size and can be legally described as Assessor's Tracts 8T1 and 8T11 in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Preliminary plat approval for the minor subdivision was granted by the Kalispell City Council on June 16, 2008 with 13 conditions of approval. At this time only limited work has begun on the site including the removal of two outbuildings and some minor grading. A Subdivision Improvements Agreement (SIA) is included with the final plat request in the amount of $15,084 (125% of actual construction estimates) with a completion date of October 31, 2009. The agreement ensures the required sidewalk along 4th Avenue West, street trees, utilities and access paving are completed. A letter of credit in the amount of $15,084 with an expiration date of April 7, 2010 from West One Bank was submitted for the remaining improvements. COMPLIANCE WITH CONDITIONS OF APPROVAL: General Conditions Condition 1. That the final plat for the subdivision shall be in substantial compliance with the approved preliminary plat. (Kalispell Subdivision Regulations, Appendix C - Final Plat) • This condition is met. The final plat is in substantial compliance with the approved preliminary plat. Condition 2. A variance shall be granted to allow a 10-foot non-exclusive access and utility easement along the east side of all three lots abutting Fourth Avenue West to serve as a pseudo public right-of-way in lieu of a dedicated right-of-way. This condition is met. The variance was granted with the approval of the preliminary plat for the subdivision on June 16, 2008. A 10-foot non-exclusive access and utility easement along the east side of all 3 lots abutting 4th Avenue West has been shown on the final plat. Condition 3. The access design for the lots shall meet the provisions outlined in Chapter 5 of the International Fire Code regarding fire service features and the design shall be reviewed and approved by the Kalispell Fire Department. Prior to combustible construction, all-weather driving surfaces, water supply infrastructure, hydrants and street signs need to be in place. (FINDINGS OF FACT, Section A - Fire and Access) This condition is met. The lots were organized in a manner that would allow compliance with fire protection and access standards. At the time of building permit application and prior to the time these lots are developed, the property owners will coordinate with the Kalispell Fire Department to ensure applicable requirements for fire protection are approved and provided. Condition 4. Prior to any excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from the Kalispell Public Works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. At the time of final plat, the developer shall certify that the development is in compliance with the approved City Stormwater Management Permit. (Ordinance 1600 and FINDINGS OF FACT, Section C - Drainage) ® This condition is met. The site is operating under the City Stormwater Management Permit SW08-100. Prior to Final Plat Condition 5. Demonstrate that the existing buildings on the property that are to be retained comply with the setback requirements of the R-4 zoning district. Buildings not intended to be retained shall be removed prior to final plat. (FINDINGS OF FACT, Section F - Compliance with Zoning) This condition is met. All of the buildings not intended to be retained have been removed from the property. The only remaining building is the single-family residence that was on the property at the time preliminary plat was reviewed and approved. The house is located on Lot 3 of the subdivision and all setbacks are met according to the R-4 zoning district standards. Condition 6. The 10-foot easement along Fourth Avenue West shall include a minimum five foot sidewalk, boulevard and street trees as approved by the Kalispell Public Works and Parks and Recreation Departments. A plan shall be approved by each department and the improvements installed prior to final plat or adequately bonded for. (FINDINGS OF FACT, Section A - Access and Kalispell Subdivision Regulations, Appendix A) A plan for the development of the sidewalk, boulevard and street trees has been reviewed and approved by the Kalispell Public Works and Parks and Recreation departments (see attached letters). The plan consists of the following: 1. A 5 foot sidewalk placed along the west side of the easement 2. Removal and replacement of the two trees located within the easement along the southern portion of the site along with an additional tree located along the northern portion of the site 3. Treating the boulevard with sod The costs for these improvements have been included in the SIA. Condition 7. The tree located on Lot 1 shall be replaced if the sidewalk cannot be placed outside of a three foot buffer from the trunk of the tree. The replacement tree shall be an approved species and meet the International Society of Arborist (ISA) standards. ® The sidewalk located on Lot 1 could not be located outside of a 3 foot buffer from the trunk of the tree and therefore the tree has to be removed. A replacement tree meeting the ISA standards and Kalispell Parks and Recreation Department approved species list has been included in the SIA. Condition S. Submit a scaled parking plan for Lot 3 with the existing house. The plan shall provide a paved driveway and a minimum of two off-street parking spaces in accordance with the Kalispell Zoning Ordinance. The parking spaces may not extend into the 10-foot sidewalk easement abutting Fourth Avenue West. The plan shall be reviewed and approved by the Planning Department. (FINDINGS OF FACT, Section A - Parking) Note: The parking plan is encouraged to use the rear portion of lots 1 and 3 to accomplish a house oriented street design. ® Attached is a scaled plan for Lot 3 with the existing house. The plan also includes a preliminary parking plan for Lot 1. The intention is to use the rear portion of lots 1 and 3 to accomplish the recommended house -oriented design. A letter submitted by the owner states the parking for lot 3 is anticipated to be completed by November 15+h of this year. Condition 9. That the shared common road and utility easement located between lots 1 and 3 shall provide access for all three lots. The easement shall be non-exclusive and encompass the full extent of the flag portion of Lot 2 to ensure lots 1 and 3 have full access along the east and west portion of the lots. The access road shall be paved and shall be constructed to a minimum 14-foot width. (FINDINGS OF FACT, Section A - Access) ® This condition is met. The shared common road and utility easement located between lots 1 and 3 provide access to all 3 lots and a note has been placed on the face of the plat that the access and utility easement is appurtenant to lots 1, 2 and 3 as indicated on the plat. The paving for the access road has been included in the SIA and will be paved to a minimum 14 foot width. Condition 10. A maintenance agreement for the private drive access and utility easement shall be developed and reviewed by the Kalispell Planning Department prior to final plat for the subdivision. The agreement shall include provisions for paving, maintenance, snow removal, etc. The owner shall record the agreement with the filing of the final plat. (FINDINGS OF FACT, Section A - Access) ® This condition is met. A maintenance agreement for the private drive access and utility easement has been included with the final plat application that includes a provision for the all-weather maintenance of the access including paving, maintenance, snow removal and assessments. The agreement has been reviewed by the Kalispell Planning Department and the easement agreement will be recorded with the final plat. Condition 11. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). This condition is met. Flathead Electric Cooperative (FEC) is in the process of relocating the overhead lines to underground lines and installing additional services to accommodate the 2 additional lots. A work order that was placed with FEC has been included with the final plat application which includes the total costs, less the deposit. The remaining costs associated with relocating and extending the utilities has been included in the SIA. Condition 12. That a note shall be placed on the face of the final plat which waives protest to the creation of a special improvement district for the future upgrade of Fourth Avenue West (Kalispell Subdivision Regulations Section 3.09, (J)) ® This condition is met. A note has been placed on the face of the final plat waiving the property owner's right to protest the creation of an SID. On -going Conditions Condition 13. That preliminary plat approval shall be valid for a period of three years from the date of city council approval. (Kalispell Subdivision Regulations, Section 2.04) . ® This condition is met. The final plat for this subdivision has been submitted to the Kalispell Planning Department prior to the expiration of the preliminary plat (June 2011). The final plat is in substantial compliance with the preliminary plat which was submitted and approved. 10 • W A Giffe) pat"i V 0 ; a V; 155--illif 703 VA (--3 CONS ZI• This subdivision plat has been found to be in substantial compliance with the state and city subdivision regulations for a minor subdivision, including the necessary approval of a variance to allow the developer to provide an easement along 4th Avenue West instead of a dedicated right-of-way. All taxes are current. The title report notes that Three Rivers Bank of Montana has an interest in the property and they have filed the necessary "Consent to Plat". • �. • it 16 1K 14 • This subdivision complies with the Kalispell Zoning Ordinance and the R-4 zoning designation. (.0 D140W 16 1 M a J < e- ;, All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for this subdivision. Note that the SIA should be accepted along with the final plat approval. Please schedule this matter for the October 6, 2008 city council agenda if possible. Please do not hesitate to contact me if I can be of further assistance at 758-7940. Sincerely, Nicole C. Johnan Planner II Attachments: 1 opaque Mylar of final plat 1 reproducible Mylar of final plat 1 blueline of final plat 11 x 17" copy of plat Final plat application dated 9/23/08 Letter from Narda Wilson dated 9/23/08 Treasurer's certification dated 8/28/08 Title Report #271433-CT Consent to Plat from Three Rivers Bank of Montana dated 9/22/08 Municipal Facilities Exclusion Checklist 9/9/08 Letter from MDEQ dated 9/29/08 Subdivision Improvement Agreement dated 9/23/08 Sandon Construction estimate for sidewalk dated 9 / 11 / 08 Wild Geese Gardens landscaping estimate dated 9/ 17/08 FEC Work Order #20081642 dated 8/ 14/08 K-G Contracting proposal (paving) dated 9/8/08 Letter of Credit No. 131 from West One Bank dated 9/23/08 Letter from Parks and Recreation dated 9 / 18 / 08 City Storm Water Management Permit SW08-100 Letter from Public Works dated 9/22/08 Legends Court - Parking Plan Letter of commitment from Owner of Lot 3 for paving dated 8 / 1 / 08 Legends Court Access Maintenance Agreement dated 9/23/08 c: Tracy Gardner P.O. Box 2854 Kalispell, MT 59903 Narda Wilson 184 Midway Drive Columbia Falls, MT 59912 Theresa White, Kalispell City Clerk PLANNING FOR THl FUTURE 'tanning Department 201 V Avenue East Kalispell, NIT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 w,,vN,c.f-alispell.coinlplanning FINAL PLAT APPLICATION Project / Subdivision Name: LEGENDS COURT Contact Person: Name: NARDA WILSON Address: 184 MIDWAY DRIVE COLUMBIA FALLS, MT 59912 Phone No.: 406-892-4898 Owner & Mailing Address: TRACY GARDNER P.O. BOX 28.54 KALISPELL, MT 59903 406-253-9039 Date of Preliminary Plat Approval: 06/16/08 RESOLUTION NO. 5283 Type of Subdivision: Residential X Industrial Total Number of Lots in Subdivision Land in Project (acres) 0.437 AC Parkland (acres) N/A Cash -in -Lieu $. No. of Lots by Type: 3 Single Family Townhouse. Duplex Apartment Commercial Industrial Condominium Multi -Family Commercial PUD Other Exempt X Mobile Home Park Recreational Vehicle Park Planned Unit Development Other Legal Description of the Property ASSESSORS TR 8T1 AND 8T11 IN S18-T28N-R21W FILING FEE ATTACHED $ 825.00 Minor Subdivision with approved preliminary plat Major Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement 1 $400 + $125/lot $800 + $125/lot $800 + $125/lot $50 N Attached Not Applicable (MUST CHECK ONE) ,/ Health Department Certification (Original) Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) v' Consent(s) to Plat (Originals and notarized) v' Subdivision Improvements Agreement (Attach collateral) _ Parkland Cash -in -Lieu (Check attached) Maintenance Agreement ,! Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 1IX17 Copy 11X17 Copy "The plat must be signed by all owners of record, the surveyor and the examining land surveyor. 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. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applications be -accompanied with a digital copy. s) **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system 2 Narda A. Wilson, AICP Land Use Planning and Consulting September 23, 2008 Nicole Johnson, Planner II City of Kalispell Planning Department 201 First Avenue East Kalispell, MT 59901 RE: Final Plat for the Legends Court Dear Nicole: 184 Midway Drive Columbia Falls, MT 59912 (406) 892-4898 wilsonsbigsky@centurytel.net Attached is an application for the final plat of Legends Court. The preliminary plat for this three lot subdivision was approved by the Kalispell City County on June 16, 2008 subject to the conditions in Resolution No. 5283. Along with the final plat application are the supporting documents and copies of the final plat for your review and for city council approval. A Subdivision Improvements Agreement has been submitted to address the incomplete required improvements with the estimated completion date to be before February of 2010. A letter of credit in the amount of $15,084 or 125 percent of the estimated cost of improvement is also included with the final plat application. The following is a list of conditions associated with the preliminary plat waiver and how they have been met or otherwise adequately addressed: General Conditions That the final plat for the subdivision shall be is in substantial compliance with the approved preliminary plat. The final plat is in substantial compliance with the preliminary plat that was approved and in compliance with the conditions of approval. 2. A variance shall be granted to allow a 10 foot non-exclusive access and utility easement along the east side of all three lots abutting Fourth Avenue West to serve as a pseudo right-of-way in lieu of a dedicated right-of-way. ® A 10 foot non-exclusive access and utility easement along the east side of all three lots abutting Fourth Avenue West has been shown on the final plat. 3. The access design for the lots shall beet the provisions outline in Chapter 5 of the International Fire Code Regarding fire service features and the design shall be reviewed and approved by the Kalispell Fire Department. Prior to combustible construction, all weather driving surfaces, water supply infrastructure, hydrants and street signs need to be in place (FINDINGS OF FACT, Section A — Fire and Access) ® At the time building permit application and prior to the time these lots are developed, the property owners will coordinate all applicable requirements for fire protection for review and approval by the Kalispell Fire Department including compliance with Chapter 5 of the International Fire Code and the prohibition of combustible material for construction, access, water supply, hydrants and street signs, as required. 4. Prior to any excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from the Kalispell Public Works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. At the time of final plat, the developer shall certify that the development is in compliance with the approved City Stormwater Management Permit. (Ordinance 1600 and FINDINGS OF FACT, Section 5 — Drainage) ® Because this property contains less that one acre, it is exempt from the above referenced stormwater management permit as per Ordinance 1600 adopted April 7, 2007 and as per MDEQ administrative rules, Sections 17.30.1102(28) and 17.30.1111(B)(1). At the time a building permit application is submitted for the development of the two undeveloped lots, a drainage plan will be submitted which insures that all stormwater generated from the site shall be managed and retained on -site as required. Prior to Final Plat 5. Demonstrate that the existing buildings on the property that are to be retained comply with the setback requirements of the R-4 zoning district. Buildings not intended to be retained shall be removed prior to final plat. (FINDINGS OF FACTS, Section F — Compliance with Zoning). ® All of the buildings not intended to be retained have been removed from the property. The only remaining building is the single family residence that was on the property at the time the preliminary plat was reviewed and approved and is in the same location. The existing house as it is located complies with the minimum 15 foot front yard, 5 foot side yard and 10 foot rear yard setbacks of the R-4, Two Family Residential zoning district. 6. The 10 foot easement along Fourth Avenue shall include a minimum five foot sidewalk, boulevard and street streets and approved by the Kalispell Public and Parks and Recreation Departments. A plan shall be approved by each department and the improvements installed prior to final plat or adequately bonded for. (FINDINGS OF FACT, Section A 0 Access and Kalispell Subdivision Regulations, Appendix Z) 2 A plan for the development of the sidewalk, boulevard and street trees has been reviewed and approved by the Kalispell Public Works and Parks and Recreation Department which consists of a 5 foot sidewalk placed along the west side of the easement, the removal and replacement of the two trees located within the easement along the southern portion of the site along with an additional tree located along the north portion of the site. The boulevard will be treated with sod. Attached are letters from the Kalispell Public Works and Park and Recreation Department approving this plan. The costs for the sidewalk as well as the placement of sod in the boulevard and the replacement and planting of three street trees that comply with the ISA standards and the specifications of the City of Kalispell have been included in the subdivision improvements agreement. 7. The tree located on Lot 1 shall be replaced if the sidewalk cannot be placed outside of a three foot buffer from the trunk of the tree. A replacement tree shall be an approved species and meet the international Society of Arborists (ISA) standards. ® Sadly, the tree located on Lot 1 could not be located outside of a three foot buffer from the trunk of the tree and therefore had to be removed. A replacement tree has been included in the subdivision improvements agreement for replacement in accordance with ISA standards and the specifications of the City of Kalispell. Submit a scaled parking plan for Lot 3 with the existing house. The plan shall provide a paved driveway and a minimum of two off-street parking spaces in accordance with the Kalispell Zoning Ordinance. The parking spaces may not extend into the 10 foot sidewalk easement abutting Fourth Avenue West. The plan shall be reviewed and approved by the Planning Department (FINDINGS OF FACT, Section A — Parking) Attached is a scaled parking plan for Lot 3 with the existing house. The plan also includes a preliminary parking plan for proposed Lot 1. The plan intention is to use the rear portion of Lots 1 and 3 to accomplish a house oriented street design. 9. That the shared common road and utility easement located between Lots 1 and 3 shall provide access for all three lots. The easement shall be non-exclusive and encompass the full extent of the flat portion of Lot 2 to ensure Lots and 3 have full access along the east and west portion of the lots. The access road shall be paved and shall be constructed to a minimum 14 foot width. (FINDINGS OF FACT, Section A — Parking) The shared common road and utility easement located between Lots 1 and 3 provide access to all three lots and a note has been placed on the face of the plat that the access and utility easement is appurtenant to Lots 1, 2 and 3 as indicated on the plat. The paving for the access road has been included in the Subdivision Improvements Agreement that will be paved to a minimum 14 foot width. 10. A maintenance agreement for the private drive access and utility easement shall be developed and reviewed by the Kalispell Planning Department prior to final plat for the subdivision. The agreement shall include provisions for paving, maintenance, snow removal etc. The 3 owner shall record the agreement with the filing of the final plat. (FINDINGS OF FACT — Section A — Access) ® A maintenance agreement for the private drive access and utility easement has been included with the final plat application that includes a provision for the all weather maintenance of the access including paving, maintenance, snow removal and assessments. This easement agreement will be recorded with the final plat. 11. All utilities shall be installed underground (Kalispell Subdivision Regulations, Section 3.17) Flathead Electric Cooperative is in the process of relocating the overhead lines to underground lines and installing additional service to accommodate the two additional lots. A work order that was placed with Flathead Electric Cooperative has been included with the final plat application which includes the total costs less the deposit. The remaining costs associated with relocating and extending the utilities has been included in the Subdivision Improvements Agreement. 12. That a note shall be placed on the face of the final plat which waives protest to the creation of a special improvements district for the future upgrade of Fourth Avenue West (Kalispell Subdivision Regulations Section 3.09(J)) A note has been placed on the face of the final plat which waives protest to the creation of a special improvement district for the future upgrade of Fourth Avenue West. On -going conditions 13. That preliminary plat approval shall be valid for a period of three years from the date of city council approval (Kalispell Subdivision Regulations, Section 2.04) The final plat for this subdivision has been submitted to the Kalispell Planning Department prior to the expiration of the preliminary plat waiver. If there is any additional information you need in order to process this final plat, please let me know. If possible, we would request that this subdivision be scheduled for the next available city council meeting which I believe would be October 6, 2008. Thank you. Sincerely, t Narda A. Wilson, AICP c: Tracy Gardner Marquardt Surveying 12 Mick & Kristyn Morin Kevin Morin Phone: (406) 755-3744 1403 4th Street West Kalispell, Montana 59901 Customer's Older No. Name Address LANDSCAPER Large Selection & High Quality Bddin,,, Plants 0 Hanl-ing Bm(ets Vtfg,:mHes * Tomatoes • Perennials Gift Certificates Geraniums &' Fuchsias Da to W, Phone Sml(: I 1AP, ;1, T A!I)L-�L Ri. I I h.All ux-�T Q(-ANTITY "MM'�--)UN' F V I A T HANK YOU kccp this"'IA t"i i ALL SALLS ARE FINAL 0 0ep 1 1 uo I/-. lop yarufler quo I uzozl.�v P. /- R=# P.O. Box 5557 Kalispell, MT 59903 I NamelAddress I � TRACY GARDNER Date Estimate# 9/11/2009 I 111112-aw- project Description Qty Rate Total EXCAVATE AND POUR NEW 411 SIDEWALK 120 X 5 X T' TRACY, IF YOU TALK TO FRED @ PUBLIC WORKS YOU CAN SIGN UP FOR THE 50/50 PROGRAM THE CITY WILL PAY HALF OF THIS COST. 2,970.00 2,970.0O Tota9 S2,970.00 0ep « u0 V0:4Lp garaner 4U01 ozo5 u P • -I a; a= Work OrderCost 20081642i GARNDERTRACY Account # 1748299 Amount Pd: By: _ Staked By: andym Staked Date: 8n4f28p8 Date: Check #: Amount Pd: By: Date: Check #: Ne Units Unit Description Quantity La6orCast MaterialCost PRI526 02 STR 220 MIL 15K V URD 10 $10.77 $22.93 SEC557 350 MCM USE TPX 20 $38.16 $65.31 UA2 RISER, SINGLE W/ BRKT. 1 $584.74 $386.96 UFER UFER GROUND I UG7-25 25KVA TRANS. ASSY. URD I $507,30 $I,851.21 UNISO-M-3 3" NMR CONDUIT 10 UM1i5-3 SECONDARY RISER 3" 2 $215.43 $272.46 UM6-1 ELBOW 15KV 92-110 1 S107.71 $31.32 UM6-34 ELBOW/ARRESTOR 1 $107.71 $82.29 UR2-MBR M BR TRENCH 1 Construction Cost $4,284.80 $1.572.33 S2.712.47 General Overhead: $642.72 Transportation $278,51 Engineering: $192.82 Connect Fee: $0.00 Transformer Fee: $0.00 Additional FEC Costs: $0.00 Explanation: TOTAL COST. $5,399.00 FEC Transformer Contribution $0.00 FEC New Service Allowance $0.00 Additional FEC Allowance: $2,000.00 Explanatiom Icc si Deposit Paid: S0,00 TOTAL ALLOWANCE: S2.000.00 TOTAL DUE: 33 98.00 C:REDITI'DEPOSIT" INFORMATIOIti No Deposit Required Account # I748299 $200.00 Advanced Payment Required Require Account Current Amount Paid 31 ESTIMATE VALID FOR 90 DA1:S FRONI: W22!2008 1 bep z-i urs -12:Up garaner 4ue lbzbi )yu p. 1 K-G Contracting, Inc. Box 83 Kalispell, MT 69901 (406) 756-1284 Proposal Submitted to: Name: .�� e Street: 4 , a' City: t!�/<S;Fray Phone: PROPOSAL 0631 K-G Contracting, Inc. agrees to Jay and compact '7 K-G Contracting, Inc. will Date: L— A,--0 � Work To Be Performed at: Street: oaci� City: Directions: alt paving for the fo[!o ng de.Wibed project: provide the material (asphalt and/or gravel). K-G Contracting, Inc. will I will not grade, pre -level and compact base. Asphalt will be laid in � Z lift (s) and will be compacted to --T inches in depth. Seal coat Jd11_ Otherspecifrcatio of esti � : `�" Lie` 4� /e�a C� P/22� vcZil Drawing: Any alteration or deviation from the above specifications will be executed only upon written change orders and wilt become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. K-G Contracting, Inc. wiir carry liability and other necessary insurance upon above work and will pay Worker's Compensation insurance for K-G Contracting, Inc. Employees only. Material and workmanship is guaranteed to be as specified and the work will be performed in accordance with the drawings and specifications, completed in a substantial workmanlike manner. If either party is forced to seek an attorney to enforce any of the terms of this contract; the prevailing party wl e entitled to recover his or her attorney's fees and costs. Total Cost for the above -specified work: $ Payments shall be made on the following terms'. Respectfully Submitted by: This Proposal is valid for 30 days from ACCEPTANCE The above prices, specifications and conditions are satisfactory and are accepted. K-G Contracting, Inc. is authorized to do the work as specified and payment will be made as outlined. Date: Signature: MM11MU P of Kalisp fl ...W Parks and Recreation September 18, 2008 Tracy Gardner 1224 4th Ave West Phone: 406-253-9039 Re: 1224 4th Ave West To Whom It May Concern: 306 1 st Ave East — P O Box 1997 — Kalispell MT 59903-1997 Phone: (406) 758-7960 Fax: (406) 758-7719 Email: cfincher@kalispell.com This letter is to serve as approval on the proposed landscaping plans for 1224 4th Ave West per our discussion on -site. At our on -site meeting, it was agreed that you, the developer, would remove the two trees that are immediately in front of 1224 4th Ave. East and replant 3 new trees in the newly created boulevard, after the sidewalks are in. It is agreed that if the project is extended, the developer will be responsible for bonding for landscaping improvements as specified at our on -site meeting for 1224 41h Ave West. Tree plantings are required to meet the Street Tree Ordinance standards of 2 '/4" caliper and of an approved species from the Kalispell Parks department planting list. Boulevards are to be seeded or sodded to meet city standards. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings, at which time bonding and/or letter of credit would be released if it is in place. It should be noted that the trees and landscaping are under a warranty period and should they die within this time frame, the developer will be responsible for replacement. It has been enjoyable working with you, if you have any concerns or questions please give me a call. Sincerely, r-- Chad Fincher, Parks Superintendent Kalispell Parks and Recreation CC: Nicole Johnson, Kalispell Planning Mike Baker, Parks and Recreation Director pennit'N Dml- SubillirledP. - Fmal Suabiliz'Iticni Datc Public Works Department 1 ` 0, 1 1- Ave Ea5r Kalispell, Montana 59901 755- 7 - 10 Note-. Th Is rlermi! ! 5 separa-te from anv nem-ins reqtured by the Montana De-paTtmenr of Fnvironniental Qualir A State Stormwater Construction Permit is required for all land disturbance act"vitles equal to or -reate r than one (1) acre or for and d &iurbance activ t es le's than one (I I acre that are, part of a lari4er common plan of de-velopment or sale that w(--itild, disturb one ( 1 ) acre or more, *No land disturbance is rcralitted on, any projed site ,vllthout an approved C It of Kalispell Stormwater Management Permit" I - 1) Contact Information - (a) Project Owner TRACY GARDNER - - - ' i A omact Per -son: TRACY GARDNER f- Qrnpanv� N MaIll Address, P.O. BOX 2854 State- Nff Lip - 59903 406-253-9039 Email ------ - -Phone: Fav [--Nlobile: Other, (b) Contrac [or K-G CONTRACTING Contact Person: BILL JOHNSON o nipany: K-G CONTRACTING INC -Mail Address. P.O. BOX- 84 State: MT -----Fz7ii):-599ot "hone 406-7156-1284 Email Fax. :::[Mobile: Other: Engineer N/A -kc) Contact Person. Conoanv: I Zip: Phone: Fmail, Fax: Mobile: Other: k2) Project Information Project Address 1224 4TH AVENUE WEST Lot Nui-riber: LOTS 1, 2 AND 3 Sz, d 1 1 o n lif a, --lic-1710 LEGENDS COURT Project Size. 2300 SQ F-F fo LESS than one acre (Land Disturbance $10.00 3) Nature of Construction GREATER or equal to one acre $45.00 Chcck the appropniate box(cs) or provide a brief des ription that iindlcats ihe gcneral nature of the construction activities, OSingle Famil.v Residential 0 Multi -Family Residential Flutilitv , In dustrial []Flighivav Road F I -- _]Other (describe): Description of nrclt)osed work: LINSTALL ASPHALT ON DRIVEWAY APPROXIMATERLY 14'WIDE AND 115'LONG PAVE SIDWALK 5'WIDE BY 100 FEET LONG SWM Permit Application Rage I of 2 r - - abilizafion Date Firm] Sr Project 'Schedule Start Date: OCT 20, 2008 -C`ont ,let�on Date: NOV. 10, 2008 Final Stabilization Date: NONT. 10, 2008 5) Waterbodies and Storm Convgance Systems t t T . rt 11.te;i t r t _. " lflci ,+ Streams: NONE Lakes. NONE �Vetlans s. NONE Rivers: NONE Sloughs NONE 7) her. ONE �h j List Scorns C onv-e,,-ancc SVSEems within WO O or project Ditches. NONE ,, pies: NONE Del ntion t=aciht'es: NONE Stoirn Drour Diets: UNKNOWN Pipe tl lets. t tltl is 1 [E [�tttter: GUTTER ALONG 4TH AVE WEST _ �.. _ - Acknowledgement Certificate: I d'e i oli fthvJ "7€1 rix, 'Jrt'i,..�Y €7r .�"t, ,'., z', ..ISr�rl5r i t t� - _®::�=rrt if c?crfif,Z n.' ..an F-,, °Awns rf a_q _w, ifitr ii—r ce rF,5- riy€': 1 €-m r€€€r4o1 i_e(J TO ac, as ..... Iac, r s,sa€r's r- 3rrr rF rasra`ita fep-cp Cv .r liar ,alun=_- �€cr a€c�c rr`fb-ess or rare arap °e €r; tliq', appilcuriols lbr° ded"rron=. €t €;a"In oi- et rt Wl_ €.,gar t ',"`, €3) � €is l s %Ya i €l: we 1 )GO gild bmvfit.: � r+,J =€'7` :- m' €€irno3 `. ! €3.a- €o€ n on bbohfnrfrlie Oim Y r# ru- s(P.=lY€'•f r€7 z'ateal�oe rit€' � "€ rl7r.f-c7l.">i rrrai� r# .33i' Salt i3 carl7Crd=`Toad reatr l rl ;`a a€" iaatrtr ara€s. LFat e?..raTS etjJ 3s rt`ltt'.. rJar .t r`v°tee :wad -ory Cr € nd t:'r0 F-'�roid ra.rrr P _Srrw not strata .iarti pi-oierr maps€. rlafs- z;t7p7 iriota ;3 p.,;f ua co arp i Fkir?. ,sae a° r7€'c r} rfJe 3rtrre r�J��lmu a7,a naalr r€a� (1Yrifalran �s o�Tia€ C"rr=, 0err €5p�il. �e _ tAA l— - si2"ture —1, Le.eally Re�po rsau.e Pees ri ±r° ubndssiou iriust hiclippleoeiwiml sivji ,nire ate Sieme TRACY GARDNER OWNER "For Official Use Only" LESS than one acre Received City B v date 5 .P Checklist ves Ncl Field Visit SMP Plan 'es No rovai --- - - - S ;tP N-'Lap 'es o (`omments: Pav anent- 10.00 Yes o GREATER ER o etas to one acre Received Mr `sror n-wtiter Disc' arg Perna t (NOD �'es a - - - - S % PPP Yes No Site eta show ng B tPs I Yes No IT Sfksi"111water" Discharge P emn, tNOT Yf— 1 o SNIP Checklist yes o SNIP Plain Yes No S 4P Man � ''es o . avntent-S45,.0 `i' No New construction n sutyiect to No SWM Permit Application Page -1 of 2 September 22, 2008 Tracy Gardner PO Box 2854 Kalispell, MT 59903 Re: Legends Court The following improvements shall be completed by the developer at the Legends Court development located at 1224 Fourth Avenue West. Parks Department Requirements: Three (3) trees approved by the Parks Department shall be installed in the boulevard. The boulevard area shall be landscaped with grass. Public Works Department Requirements: A five (5) foot wide sidewalk shall be installed along and parallel the west boundary of the granted ten (10) foot easement the entire length of the Legends Court development. These improvements shall be installed and accepted by the City of Kalispell prior to the City issuing final approval of the development. Sincerely Fred vodny Kalispell Public Works 201 1" Avenue East, P.D. Box 1997, Kalispell, MT 59903 Phone (406)758-7720 — Fax (406)758-7831 www. kalispeff com 0 43,A35v3 }nv&ZMS �4 ------------------- IS' A\ 9AY HUP — — — — — — — — — — — — — — — — — — — — — — — — — — -Vt5 . 0 C: r kn C! ti CNN TRACY GARDNER P.O. Box 2854 Kalispell, MT 59903 (406) 253-9053 October 1, 2008 Nicole Johnson, Planner II City of Kalispell Planning Department 201 First Avenue East Kalispell, MT 59901 RE: Paving the Parking Area for Lot 3, Legends Court Subdivision Dear Nicole: This letter is to serve as a commitment to pave the driveway and two parking spaces that will serve the existing house on Lot 3, Legends Court Subdivision at the same time that the shared driveway is paved. We anticipate the paving for these items to be completed prior to this winter with a target date for completion by November 15, 2008. Please let me know if you need any additional information. Sincerely, Tracy G rdner Owner MUNICIPAL FAciLmEs EXCLUSION CBECRLIST (Formerly Master Plan Exclusion) Below please find the information required under §76-4-12, MCA,, regarding a municipal facilities exclusion for this subdivision within a growth policy area or first-class or second-class municipality. Use of this checklist is only appropriate when the municipality is providing the water and sewer main service and when the municipality engineering staff is reviewing the plans and specifications prior to approval. 2. Applicant: Tracy Gardner P.O. Box 2854, Kalispell, MT 59903 3. Consultant: Narda Wilson, Land Use Planning and Consulting 184 Midway Drive, Columbia Falls, MT 59912 4. Copy of the preliminary or final plat: Attached Number of parcels in the subdivision: 3 5. A copy of any applicable zoning ordinances in effect: Attached R Not applicable 0 6. How construction of the sewage disposal and water supply systems or extensions will be financed (method of financing) Privately by owner/developer 7. Certification that the subdivision is: (Check one) ❑ Within ajurisdictional area that has adopted a growth policy M Within a first-class municipality ❑ Within a second-class municipality 8. Copy of growth policy: Attached R On file M Not applicable ❑ 9. Location of the subdivision to the city or town, vicinity map attached: Yes E No ❑ 10. Will the owner of the municipal facilities own, operate, and maintain the water supply, sewage disposal, solid waste, and storm water facilities? Yes Z No R 11. All water and sewer mains or extensions as defined in §76-4-102, MCA, (a main or extension is any line that serves more than one building or living unit) will be under the control and maintenance of the certifying municipality? Yes E No R 12. Will the existing water main(s) need to be extended to serve the subdivision? Yes No X 13. Will the existing sewer main(s) need to be extended to serve the subdivision? Yes No X 14. Exclusion Checklist review fee ($75) included: Yes M No R 15. 1 certify that adequate municipal facilities for the supply of water and disposal of sewage and solid waste are available or will be provided within one (1) year after notice of certification is issued, and I certify that the governing body has reviewed and approved plans to ensure adequate storm water drainage. I further certify that I am authorized to sign this form on behalf of the governing body. Signature Frank Castles P.E., Department of Public Works City of Kalispell 201 First Avenue East Kalispell, MT 59901 406-758-7720 MONTANA DEPARTMENT OF ENVIRONNIENTALQuALrry SUBDIVISION REVIEW SECTION, PERMMING & COMPLIANCE DIVISION PO Box 200901 HELENA NET 59620 OWNERSf FOR: TRACY A. GARDNER PURPOSE: SUBDIVISION DATE: AUGUST 25, 2008 7--'cz✓ et z a CATION ,. the undersigned property owner does hereby certify that he has caused to be surveyed. subdivided and own by the plat hereto annexed, the following described land situated in the City of Kalispell. Montana, to h: outhwest 1/4 of the Southeast 1/4. Section 18, Township 28 North. Range 21 Well. P.M. M.. Flathead County, is follows: .ass corner of Parcel 2 as shown on Certificate of Survey No. 13391, which point is on the Well line of 4th line of 4th Avenue West. South W14'0I' lY/ 123,10 feet: West 167.5E feet: East 123.27 feet '.' East 167,47 feel to the Poll, of Beginning. containing 0,47 acre of land all e, shown hereon. with ea cord . with easements cl shown hereon. t of land o to be known and designated as Legends Court Subdivision. acts are within a master planned area and that municipal services for water supply, sewage disposal and vailable to said tracts of land: therefore, these tracts of land are exempt from review by the Department of pursuant to AM 77.36.602. Tot,sidewalt: easement as shown hereon is hereby dedicated to the city of yes shall be inRstalled ulchogr ld. y grants to each and every person, firm, or corporation, whether public or private. Providing or offering to graph. electric power. gas. cable television. wale, or sewer service to the public, the right to the joint use of in aintenance, repair. antl removal emal of their lines and other facilities, in, over, under, anro d acss each plat to UTILITY EASEMENT' to have and to hold forever. 200 owledged before me on . 200_, R. L PLAT APPROVAL -CITY City of Kalispell, Montana, does hereby certify that it has examined this subdivision plat and, having found vs. approves it. and hereby accepts the dedication to public use of any and all land as shown on this plat as e this _ day of .200_I o'clock. Parkiand Dedication is exempt per MCA. City Clerk ATTORNEY: . City Attorney for the City of Kalispell, Montana, do hereby, certify that I have examined the Certificate nsed title company. attached hereto. of land described in the Certificate of Dedication of the annexetl pill of NVISION. in the city of Kalispell, Montana and find that the owners in fee simple of record have consented 200 mprovement District ereby waives any antl all right to protest which he may have in regards to any attempt to be made by the a specialimprovement impveent district uFourth pgrading Fh Avenue West to Ciry standards that mapa y be impacted by IDded however, that TRACY A. GARDNER uode,skis Ihat he retains the ability to object to the amount of twit of the formation of a Special Improvement Dsor I. TRACY A. GARDNER agrees that this covenanl a binding on the title of the real property described above and shall be binding on the heirs, assigns. .,chasers, and any and all subsequent holders or owners of the real propeny shown on the subdivision plat LIEDIVISION, Iled underground 200 LEGEND ; Surveyor 542ES 0 FOUND 3/4' PIP 0 FOUND 5/8' ED DF SURVEYOR 0 FOUND 5/8' RD O SET 5/8' BY 24' (UARDT Date ,. 73285 NTANA ,eed — tlay of . 200_. A.D., at o'clock _m. end Recorder Y NOTE: I'd No. NO SEARCH HAS BEEN MADE FOR EASEMENTS AFFECTINGTHIS PROVE THI5 SURVEY DOES NOT PURPORT TO SHOW ALL APPURTENANT EASE GARDNER Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 1 THIS AGREEMENT, made and entered into this day of October , 2008 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and Tracy Gardner , (Name of Developer) an Individual (Individual, Company or Corporation) located at P.O. Box 2854, Kalispell, MT 59903 , (Street Address/P. O. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Legends Court (Name of Subdivision) located at 1224 Fourth Avenue West. Kalispell, MT 59901 (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Legends Court`, upon the conditions as set forth for Legends Court 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 bona fide contractors included herewith as "Exhibit B"; and 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 $ 15 084 . 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 $ 15 084 the estimated cost of completing the required improvements in _Legends Court . 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 JOctober 31, 2009 or before. 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. AGREEDIT IS ALSO BY AND BETWEEN THE PARTIES FOLLOWS, 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. _Legends Court (Name of Subdivision/Devel p/gym) by y G , ``r, Owner STATE OF MONTA A COUNTY OF On this D3 c _ day of 20O� , before me, a Notary Public for the State of Montana, personally appeared known to me to be the of Cow , 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.¢ Notary Public for the State of Montana: Printed Name�c� Residing at ` My Commission Expires Q0/ In MAYOR, CITY OF KALISPELL ATTEST: Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana by Resolution No. 5283. 10114,611 This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK APPROPRIATE CONSTRUCTION ESTIMATED PERCENTAGE COMPLETION CONSTRUCTION COMPLETE IMPROVEMENTS DATE COSTS Street Grading/Paving Street Base Sidewalks X 10/31/09 $2,970 0% Curbs and Gutters Sanitary Sewers Mains On -Site Sewage Facilities Water Systems Mains On -Site Water Supply Water Storage Tanks Fire Hydrants Storm Sewer or Drainage Facilities Street Signs Street Lighting Street Monuments Survey Monument Boxes Landscaping/Boulevard trees X 10/31/09 $1,199 0% Other (X) Underground Utilities X 10/31/09 $3,398 37% Access Paving X 10/31/09 $4,500 0% SUBTOTAL $12,067 FEES TOTALS COSTS 12,067 TOTAL COLLATERAL (TOTALS COSTS X 125%) $15,084 WEST ONE BANK September 23, 2008 Irrevocable Letter of Credit No. 131 Tracy A Gardner PO Box 2854 Kalispell, MT 59903 City of Kalispell P.O. Box 1997 Kalispell, MT 59904 We hereby establish this irrevocable Letter of Credit in your favor for one or more drawings up to United States, $15,084.00. This Letter of Credit is payable at the West One Bank office at 222 W. Idaho, Kalispell, MT 59901, and expires with our close of business on April 7, 2010. Each draft so drawn must be marked "Drawn under West One Bank, 222 W. Idaho, Kalispell, MT 59901, Letter of Credit Number #131 and accompanied by signed statements of the Kalispell City Attorney that Tracy A. Gardner has failed to honor his contractual agreement with the City of Kalispell. This letter of credit shall reduce proportionally with the paving, sidewalks, and boulevard landscaping as they are completed on Legends Court, Kalispell, MT. We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will be duly honored if drawn and presented for payment to our office, West One Bank, 222 W. Idaho, Kalispell, MT 59901. Sincerely, Print Name: Rod Leese Its: President 222 W. IDAHO BOX 7758 EVERGREEN BRANCH _ KALISPELL, MT 59904 2604 HWY 2 EAST Member TEL. 406-755-9781 • FAX 406-755-9794 TEL. 406-752-9998 • FAX 406-755-2715 www.westonebank.com FDK Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: MARQUARDT FOR: GARDNER DATE: 8/28/08 DESCP : LEGENDS COURT SUB PURPOSE: SUB (Tr. 8T1 & 8T11 in 18-28-21) YEARS ASSESSOR # 2004 THRU 2007 0389500 I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed abo,�ie, 'fo the years indicated each assessor number. I �� Deputy Treasurer (seal) SEP 19 2ow ofN�o THIS AGREEMENT for the maintenance and repair of the private access and utility easement (hereinafter referred to as the "ACCESS"), to be built initially by Tracy Gardner (hereinafter referred to as 'DEVELOPER") as access to all lots in Legends Court Subdivision, (Lots 1 through 3) (hereinafter referred to as the "PROPERTY") the plat of which is found in the Flathead County Clerk and Recorders Office, is for the benefit of PROPERTY lot owners (hereinafter referred to as "LOT OWNERS") who will use the ACCESS. The ACCESS is generally placed on a shared access and utility easement and includes the driveway and private utility improvements. WHEREAS, it is desired that the ACCESS be maintained in a safe and usable condition by the LOT OWNERS; and, WHEREAS, it is desired hereto to establish a method for the maintenance and repair of the ACCESS and for the apportiomnent of the expense of such maintenance and repair among existing and future LOT OWNERS; and WHEREAS, it is the intention that this Agreement constitute a covenant running with the land, binding upon each successive LOT OWNER of all or any portion of the PROPERTY. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: The PROPERTY is benefited by this Agreement, and present and successive LOT OWNERS of all or any portion of the PROPERTY are expressly bound hereby for the benefit of the land. The cost and expense of maintaining the ACCESS shall be divided equally among the lots created in the subdivision and paid by the LOT OWNER or the heirs, assigns and successors in interest of each such owner. The repairs and maintenance to be performed under this Agreement shall be limited to the following, unless the consent for additional work is agreed to by a majority vote of the LOT OWNERS owning 100% of the number of lots, excluding lots owned by DEVELOPER as described in paragraph 2 above: reasonable and normal road improvement and maintenance work to adequately maintain said ACCESS and related drainage facilities to permit all weather access. Repairs and maintenance under this Agreement shall include, but is not limited to, tilling of potholes, repairing cracks, repairing and resurfacing of roadbeds, repairing and maintaining drainage structures, utilities improvements, signs, markers, striping and lighting, if any, and other work reasonably necessary or proper to repair and preserve the easement improvements. Individual Lot Owners are to keep the easements on their property up to and including the roadway drainage ditches, free of weeds and debris. Any repair required to correct damage to said ACCESS that results from action taken by or contracted for by LOT OWNERS or their successors in interest shall be paid for by the party taking action or party contracting for work which caused the necessity for the repair. The repair shall be such as to restore the ROAD to the condition existing prior to said damage within sixty (60) days. 1 It is agreed that DEVELOPER is initially the agent to contract and oversee and do all acts necessary to accomplish the repairs and maintenance required and/or authorized under this Agreement. The DEVELOPER may relinquish this responsibility at any time, but once the DEVELOPER owns less than thirty percent (30%) of the lots, or no later than January 1, 2012, whichever is earlier, the DEVELOPER will no longer be the agent and the LOT OWNERS must elect a new agent from among the other existing LOT OWNERS. Repair and maintenance work on the ACCESS shall be commenced when a majority of the LOT OWNERS agree in writing that such work is needed. The agent shall obtain three bids from licensed contractors and shall accept the lowest of said three bids. The agent shall be paid for all costs incurred, including a reasonable compensation for the agent's services, and such costs shall be added to and paid as a part of the repair and maintenance cost; provided, however, that compensation for the agent's services shall in no event exceed an amount equivalent to 10% of the actual cost of repairs and maintenance performed. The agent shall notify the parties of the funds required and each party shall within forty-five (45) days pay the agent, who shall maintain a trustee account and also maintain accurate accounting records which are to be available for inspection by any Lot Owner or authorized agent upon reasonable request. All such records shall be retained by the agent for a period of five years. When adequate funds are available in the trustee account, the agent shall then initiate the work. Should any LOT OWNER fail to pay the pro rata share of costs and expenses as provided in this Agreement, then the agent or any LOT OWNER or OWNERS shall be entitled without further notice to institute legal action for the collection of funds advanced on behalf of such LOT OWNER, and shall be entitled to recover in such action in addition to the funds advanced, interest thereon at the current prime rate of interest, until paid, all costs and disbursements of such action, including such sum or sums as the Court may fix as and for a reasonable attorney's fee's. Any liability of the LOT OWNERS for personal injury to the agent hereunder, or to any worker employed to make repairs or provide maintenance under this Agreement, or to third persons, as well as any liability of the LOT OWNERS for damage to the property of agent, or any such worker, or of any third persons, as a result of or arising out of repairs and maintenance under this Agreement, shall be borne, as between the LOT OWNERS in the same percentages as they bear the costs and expenses of such repairs and maintenance. Each LOT OWNER shall be responsible for and maintain his own insurance, if any. By this Agreement, the parties do not intend to provide for the sharing of liability with respect to personal injury or property damage other than that attributable to the repairs and maintenance undertaken under this Agreement. Each of the LOT OWNERS agrees to indemnify the others from any and all liability for injury to him or damage to his property when such injury or damage results from, arises out of, or is attributable to any maintenance or repairs undertaken pursuant to this Agreement. The foregoing covenants shall run with the land and shall be deemed to be for the benefit of the land of each of the LOT OWNERS and each and every person who shall at anytime own all or any portion of the property referred to herein. 2 It is understood and agreed that the covenants herein contained shall be binding on the heirs, executors, administrators, successors, and assigns of each of the LOT OWNERS. It is the purpose of the signators hereto that this Instrument be recorded to the end and intent that the obligation hereby created shall be and constitute a covenant running with the land until such time as the ACCESS shall be dedicated to, and accepted for use as a public road by a government entity, and any subsequent Purchaser of all or any portion thereof, by acceptance of delivery of a deed and/or conveyance regardless of form, shall be deemed to have consented to and become bound by these presents, including without limitation, the right of any person entitled to enforce the terms of this Agreement to institute legal action as provided in paragraph 8 thereof, such remedy to be cumulative and in addition to other remedies provided in this Agreement and to all other remedies at law or in equity. The terms of this Agreement may be amended only by the DEVELOPER within the first ten (10) years of its recorded date or when DEVELOPER no longer owns any of the lots, whichever comes first; and thereafter, only upon written approval of sixty percent (60%) of the LOT OWNERS, This Agreement shall be governed by the laws of the State of Montana. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity, and enforceability of the remaining provisions shall not be affected thereby. Owner of Legends Court Subdivision: Tracy Gardner STATE OF vj-6 rL' _ ) A'a"jss County of_ ) ca This instru ent was acknowledged before me on the ) 3 day of �QVtII eC , 20�, by Mary Public Kor the Mate of. Gykcr (Print or type name of Notary) ALA Residing at �d g My commission expires Ot-�Q 20 to 3 CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA, the undersigned, THREEE RIVERS BANK OF MONTANA, Beneficiaries as recorded April 30, 2008 as Instrument No. 2008-00011855, Flathead County, Montana, hereby consent to platting and dedication of land included in the plat of LEGENDS C0TURT. IN WITNESS WHEREOF, said parties have caused their names to be subscribed thereto, on this Z day of , 200 e. Three Rivers Bank of Montana .� , Title: STATE OF MONTANA ) ISM County of Flathead ) Thi instrument was acknowledged before me on 200?, by( �1;�I1Y1Q, , li� �_ , of Three Rivers Bank of Montana. Printed Narn6 Y OA J l t Notary Public for the Mate of { Residing at �,( ? f ,� Commission expires v KELi_° I TARP'i v 1 Notary Public For The N TAREAL � State Of Montana SEAL' Residing at Kalispell _�p- My Commissions Expires Subdivision Guarantee Form 110-1282 (Rev.3/31/04) Issued by Guarantee No.: 271433-CT First American Title Company 704 South Main/P, O. Box 1310, Kalispell MT 59901 Title Officer.• Ted Gigrich Phone; (406)752-5388 FAX. (406)752-9617 Form No.110-1282 (Rev 3/31/04) 1100041P129500 Subdivision Guarantee Form 110-1282 (Rev.3/31/04) Form 1349 CLTA Guarantee Face Page (Revised 12/15/95) Guarantee No.: 271433-CT First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, FirstAmerican Title Insurance Company a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. BY FREMBAT A1'Y'P.ST %"«G��C ZB'M7Aiti' FirstAmerican Title Company By. AUTHORIZED SIGNATORY Subdivision Guarantee Form 110-1282 (Rev.3/31/04) Order No.: 271433-CT Guarantee No.: 271433-CT Guarantee No.: 271433-CT 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: Marquardt & Marquardt Surveying, Inc. FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: THAT PORTION OF THE SOUTHWEST'/4 OF THE SOUTHEAST'/4, SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 2 AS SHOWN ON CERTIFICATE OF SURVEY NO. 13391, WHICH IS ON THE WEST LINE OF 4th AVENUE WEST; THENCE ALONG THE WEST LINE OF 4th AVENUE WEST, SOUTH 00°14'01" WEST 123.10 FEET; THENCE SOUTH 87051'10" WEST 167.58 FEET; THENCE NORTH 00°16'53" EAST 123.27 FEET; THENCE NORTH 87054'32" EAST 167.47 FEET TO THE POINT OF BEGINNING. The above described tract of land is to be known and designated as LEGENDS COURT SUBDIVISION. (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: Tracy A. Gardner, as Owner Three Rivers Bank, as Lender (B) Parties holding liens or encumbrances on the title to said lands are: Subdivision Guarantee Guarantee No.: 271433-CT Form 110-1282 (Rev.3/31/04) 1. 2008 taxes and special assessments are a 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 1st Half 2nd Half Parcel Number 2007 $897.55 $897.53 75-0389500 paid paid 2. Deed of Trust dated April 30, 2008, to secure an original indebtedness of $146,385.54, and any other amounts and/or obligations secured thereby Recorded: April 30, 2008, as Instrument No. 2008-00011855 Grantor: Tracy A. Gardner Trustee: First American Title Company Beneficiary: Three Rivers Bank -Meridian Location Affects premises and other property (C) Easements, claims of easements and restriction agreements of record are: 3. Easement granted to The Montana Power Company, recorded July 30, 1962 in Book 447 of Misc., Page 435. 4. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed on the pending plat of said subdivision, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 5. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder 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. Date of Guarantee: September 03, 2008 at 7:30 A.M. FIRST AMERICAN TITLE COMPANY By: STATE OF Montana ss. COUNTY OF Flathead On [ �<E� — , ZC)o Es before me, a Notary � Public, personally appeared known to me to be the Authorized Signatory of the Corporation. Signature of Notarial Officer Notary Public �or the State of Montana Redding --- - at: Commission Expires: 0k-�. STEPHANIE L. DILL NOTARY PUBLIC for the State of Montana Residing at Kalispell, Montana Mv-00mmissio ires q 1 Subdivision Guarantee Form 110-1282 (Rev.3/31/04) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Guarantee No.: 271433-CT Except to the extent that specific assurance 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 exc records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or or not the matters excluded under (1), (2) or (3).are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of luded under (1) or (2) are shown by the records of the taxing authority or by the public in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether 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 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. 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 under this Guarantee 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 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, avid 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 party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No.1282 (Rev. 12/15/95) Subdivision Guarantee Form 110-1282 (Rev.3/31/04) 6. 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 prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions 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. 8. 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. Guarantee No.: 271433-CT (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. 9. 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. 10. 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. 11. 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 1 First American Way, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12/15/95) Subdivision Guarantee Form 110-1282 (Rev.3/31/04) First American Title Company 704 South Main/P.O. Box 1310, Kalispell, MT 59901 Phone(406)752-5388 - Fax(406)752-9617 PRIVACY POLICY We Are Committed to Safeguarding Customer Information Guarantee No.: 271433-CT In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fairinformation Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights Reserved ' f M 146. 1, o a erosl ; D rn A _. ,io A m Y ' -(� ,ice, 1 159. 5. . •,, ��,_,1 :••��. BTDB w BTDC BrDA a 'Q 8A! a 17G BT129 E b -BrVB - - BTv m BTWAA o - C a 87124 Ai a 4 - BTVC BTVI lr BTWA 8r1! STt24A u - -' 8TW8 BT6 _----BTYABA IW rVAI BTrA p BTVAAA BTVAI !,q BrGA o m I BTWBA o , • ISO BTVa 231 8TW 8rL .. - 8TV -8TX Y fll _ m n 01, ervac W' BTV LITo ' STXA Gf - 231 BTW C - - 170 170 167.5 167.5 4*0'• _ I• BTVAD 156.5 8TyA8 .':J•.• HUNTG '8Z BrrAD -..•. y -• $r2 & r] 80 16b m Y, BTAC a m- - o , BTYAA LILAC o BT 65 ' Br -A 8TYB 4170 8TAD 1 8TVAn 2 m egg.: 4 0 HILL E 3 BTC . mp p sues. 4A AMD. PLAT S� LOT 4 0 ? 14 3. 2 2{ V f.. 6 ry 28 - 8T4A a 8TA A W 8TNA 8T4 � A 1 BTN 77 8T 5 _ N W N BTNB - 1,00 .. . • A 'This plat is provided. solely f the BTA! purpose of assisting in loc ' g the land, 8ru er Y v and the Company ass es no liability a for variations, if iith actual survey." - First Am an Title Company .170 !7 40 N79 O - $60 _ %!40 i8—Z8-Zt P.O. Box 200901 Helena, MT 59620-0901 September 29, 2008 Narda Wilson Land Use Planning & Consulting 184 Midway Dr Columbia Falls MT 59912 Dear Ms Wilson: Brian Schweitzer, Governor • (406) 444-2544 www.deq.mt.gov RE: Legends Court Subdivision Municipal Facilities Exclusion EQ#09-1443 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-125(2)(d), MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed {76-4-111 (3), MCA}. 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. Sincerely, Janet Skaarland Compliance Specialist Subdivision Section (406) 444-1801 —email iskaarland�i;mt.gov cc: City Engineer County Sanitarian -file Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division