Staff Report/Final Plat Phases 1 and 2City of Kalispell
Planning Department
17 - 2"d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
James H. Patrick, City Manager
SUBJECT Final Plat for West View Estates Phases I and 2
MEETING DATE: August 21, 2006
BACKGROUND: This is a request for final plat approval of West View Estates
Subdivision Phases 1 and 2. Phase 1 consists of 9 single-family lots on
approximately 5. 11 acres and Phase 2 consists of 42 single-family lots on
approximately 15.3 acres. The property is generally located on the north side
of West Reserve Drive approximately 'Amile east of the intersection of
Stillwater Road and West Reserve Drive. The property proposed for
development can be described as a portion of Assessor's Tract 5, located in
Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County,
Montana. The property was annexed into the city of Kalispell on May 5, 2003
and given an initial zoning designation of R-3, Urban Residential.
The West View Estates Subdivision was given preliminary plat approval by the
Kalispell City Council on May 5, 2003, subject to 20 conditions. The Council
granted a one year extension for the subdivision at its September 6, 2005
meeting extending the preliminary plat deadline to May 5, 2007.
As a requirement of the preliminary plat, at least two-thirds of the required
improvements have been installed per a letter from Paul Wells, P.E. of WMW
Engineering. A Subdivision Improvements Agreement (SIA) in the amount of
$12,500 has been submitted to secure completion of the remaining
improvements which consist of completing a road median and completion of
the sewer main. The letter of credit submitted with the final plat application
addresses the 125% of the estimated cost of remaining improvements. The
estimated completion date for the remaining items listed in the SIA is
September 30, 2006.
RECOMMENDATION: A motion to approve the final plat for West View Estates
Subdivision Phases 1 and 2 and accept the Subdivision Improvement
Agreement would be in order.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: As suggested by the city council.
Respectfully sub i ed
Pitt,
L)
Sean Conrad
Senior Planner
Report compiled: August 15, 2006
�,Jhmes H. Patrick
City Manager
Attachments: Letter of transmittal
Final plat application and supporting documents
City of Kalispell
Planning Department
17 - 2' Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
August 15, 2006
James H. Patrick, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for West View Estates Phases 1 and 2
Dear Jim:
This is a request for final plat approval of West View Estates Subdivision Phases I and 2.
Phase 1 consists of 9 single-family lots on approximately 5.11 acres and Phase 2 consists of
42 single-family lots on approximately 15.3 acres. The property is generally located on the
north side of West Reserve Drive approximately 1/4mile east of the intersection of Stillwater
Road and West Reserve Drive. The property proposed for development can be described as a
portion of Assessor's Tract 5, located in Section 25, Township 29 North, Range 22 West,
P.M.M., Flathead County, Montana. The property was annexed into the city of Kalispell on
May 5, 2003 and given an initial zoning designation of R-3, Urban Residential.
The West View Estates Subdivision was given preliminary plat approval by the Kalispell City
Council on May 5, 2003, subject to 20 conditions. The Council granted a one year extension
for the subdivision at its September 6, 2005 meeting extending the preliminary plat deadline
to May 5, 2007.
As a requirement of the preliminary plat, at least two-thirds of the required improvements
have been installed per a letter from Paul Wells, P.E. of WMW Engineering. A Subdivision
Improvements Agreement (SIA) in the amount of $12,500 has been submitted to secure
completion of the remaining improvements which consist of completing a road median and
completion of the sewer main. The letter of credit submitted with the final plat application
addresses the 125% of the estimated cost of remaining improvements. The estimated
completion date for the remaining items listed in the SIA is September 30, 2006.
The preliminary plat was approved with conditions as outlined below. The following is a
discussion of compliance with each of these conditions as well as findings of compliance with
the city subdivision regulations and zoning ordinance.
Final Plat for West View Estates Phases I and 2
August 15, 2006
Page 2
Condition No. 1. Development of the subdivision shall be platted in substantial
compliance with the approved preliminary plat which governs the location of lots and
roadways within the subdivision.
0 This condition has been met. The subdivision has been platted in compliance with the
approved preliminary plat.
Condition No. 2. That the roadways serving the subdivision shall be constructed in
accordance with the adopted Design and Construction Standards for the City of Kalispell
for local streets.
This condition is met. A letter from Frank Castles, Assistant City Engineer, dated
November 7, 2005 approved the construction plans.
Condition No. 3. That a letter be obtained from the Kalispell Public Works Department
approving the plans and specifications for water, sewer and drainage facilities for the
subdivision.
This condition is met. A letter from Frank Castles, Assistant City Engineer, dated
November 7, 2005 approved the construction plans for water, sewer and drainage
facilities.
Condition No. 4. A letter from an engineer licensed in the State of Montana certifying that
the improvements have been installed according to the required specifications shall be
submitted at the time of final plat approval along with a letter from the Kalispell Public
Works Department stating that the required improvements have been inspected and
comply with the City standards.
This condition is met. A letter from Frank Castles, Assistant City Engineer, dated
August 15, 2006 approves of the existing completed improvements within the
subdivision expect those listed in the SIA.
Condition No. S. Development of the landscape boulevard with location of street trees
shall be placed in accordance with a plan approved by the Kalispell Parks and Recreation
director.
This condition has been met. The developer has opted to pay the Kalispell Parks and
Recreation Department for the installation of 84 boulevard trees for phases 1 and 2.
Please see attached a letter from the Kalispell Parks and Recreation Department dated
August 7, 2006. The boulevards have already been seeded and the draft CC&.R's
submitted with the final plat application require the homeowners to maintain the grass
within the boulevard.
Condition No. 6. A storm water drainage plan which has been designed by an engineer
licensed in the State of Montana shall be prepared which complies with the City's Design
and Construction Standards and shall be reviewed and approved by the Kalispell Public
Works Department.
Final Plat for West View Estates Phases 1 and 2
August 15, 2006
Page 3
This condition is met. A letter from Frank Castles, Assistant City Engineer, dated
November 7, 2005 approved the storm water drainage plan.
Condition No. 7. That the developer obtain a letter from the Montana Department of
Transportation approving the intersection of the new internal roadway and West Reserve
Drive and certifying that any necessary improvements have been made.
This condition is met. The developer has obtained a temporary approach permit from
the Montana Department of Transportation. The temporary approach has been
inspected and approved by MDOT in a letter dated August 2, 2006. The temporary
approach permit was issued with the understanding that the approach permit will be
revoked by September 4, 2007 at which time the developer must have a left turn lane
on West Reserve Drive into West View Estates designed and constructed.
Condition No. S. Obtain a permit from the Flathead County Road Department for the new
road access onto Stillwater Road and any needed improvements be made prior to final plat
approval having been reviewed and approved by the road department superintendent.
This condition is met. The developer obtained a permit from the Flathead County Road
Department in April of 2005. The approach has been installed, inspected and
approved by the County Road Department as noted in their letter dated July 31, 2005.
Condition No. 9. The road within the subdivision shall be named and signed in
accordance with the policies of the Kalispell Public Works Department and the Uniform
Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire
Department.
All roads within the subdivision have been named and signed in accordance with the
policies of the Kalispell Public Works Department and the Uniform Traffic Control
Devices Manual.
Condition No. 10. The developer shall provide a letter from the U.S. Postal Service
approving the plan for mail service.
The plan for mail service has been approved by the U.S. Postal Service in a letter to the
developer dated August 9, 2006.
Condition No. 11. Street lighting shall be located within the subdivision and shall be
shielded so that it does not intrude unnecessarily onto adjoining properties.
The developer has paid Flathead Electric Co-op to install the street lighting. Flathead
Electric Co-op anticipates the lighting to be installed by the middle of September this
year.
Condition No. 12. That the parkland dedication requirements shall be one -ninth or 11
percent of the area in lots or 3.69 acres. The 2.20 acre as indicated on the plat will meet a
portion of that requirement and the remaining approximately one acre required can be
met by investing an equivalent cash value into the park. The cash -in -lieu of parkland
values is based on a value of $10,000 per acre or other value demonstrated by the
developer as the purchase price per acre.
Final Plat for West View Estates Phases 1 and 2
August 15, 2006
Page 4
The 2.2 acre park will be dedicated as part of phase 3. The developer has submitted a
check for $9,000 to meet the required cash in lieu amount for phases 1 and 2. The
$9,000 check represents approximately 60% of the required cash in lieu payment for
the entire subdivision. The subsequent phase(s) will be required to make up the
remaining cash in lieu amount.
Condition No. 13. That a road access be provided from Taylor Road connecting Parcel A to
the subdivision.
0 The road access to Parcel A will be provided in the next phase of development.
Condition No. 14. That a minimum 20-foot buffer strip shall be established between West
Reserve Drive and the subdivision.
0 This condition is met. The buffer strip is shown on the final plat.
Condition No. 15. In addition to the 20-foot buffer strip, a 10-foot right-of-way reservation
along West Reserve Drive be indicated on the final plat for the future expansion of that
road.
0 This condition is met. The right-of-way reservation is shown on the final plat.
Condition No. 16. All utilities shall be installed underground.
This condition is met. All utilities will be installed underground per the approved
plans.
Condition No. 17. That the fire access and suppression system comply with the Uniform
Fire Code and a letter from the Kalispell Fire Department approving the access and
number and placement of fire hydrants within the subdivision as well as fire flows and
access shall be submitted with the final plat. The fire access and suppression system
shall be installed and approved by the Fire Department prior to final plat approval.
This condition is met. A letter from Brent Christopherson, Assistant Fire Chief, dated
November 23, 2005 approved the hydrant locations. Fire Department staff also noted
that access roads and fire flows were in place in a subsequent phone conversation.
Condition No. 18. That a minimum of two-thirds of the necessary infrastructure for this
subdivision shall be completed prior to final plat submittal.
The response to conditions letter accompanying the final plat application states that
95% of the improvements have been completed.
Condition No. 19. All areas disturbed during development of the subdivision shall be re -
vegetated with a weed -free mix immediately after development.
0 This condition has been met per the attached Subdivision Improvements Agreement.
Final Plat for West View Estates Phases 1 and 2
August 15, 2006
Page 5
Condition No. 20. That preliminary approval shall be valid for a period of three years from
the date of approval.
This condition is met. The City Council granted a one-year extension of the
subdivision in September of 2005. With the extension the preliminary plat is valid
until May 5, 2007.
Kel J) I
This subdivision plat has been found to be in compliance with the State and City Subdivision
Regulations. The Subdivision Improvements Agreement expires on September 30, 2006.
0 % , . 01DWAUNIM11: 0, 1 %
This subdivision complies with the Kalispell Zoning Ordinance and the R-3 zoning for the
property.
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. Please
note that the Subdivision Improvements Agreement should be accepted along with the final
plat approval. Please schedule this matter for the August 21, 2006 regular city council
meeting if possible. You may call me at 751-1852 if I can be of assistance to you regarding
this matter.
Sincerely,
Sean Conrad
Senior Planner
Attachments: Vicinity map & 11 x 17 plat
1 opaque mylar of final plat
1 reproducible mylar of final plat
1 blueline of final plat
Final plat application dated 8/9/06
Letter from Sands Surveying dated 8/7/06
Letters from Kalispell Public Works dated 11/7/05 and 8/15/06
Letter from MDEQ dated 11 / 17 / 05
Letter from MDEQ dated 12/2/05
Letter from MDEQ dated 12/5/05
Letter from Parks and Rec dated 8/7/06
Montana Department of Transportation Approach Permit dated 4/14/06
Letter from Montanan Department of Transportation dated 8/2/06
Letter from Flathead County Road Department dated 7/31/05
Letter from USPS dated 8/9/06
Letter from Kalispell Fire Department dated 11 / 23 / 05
Final Plat for West View Estates Phases 1 and 2
August 15, 2006
Page 6
Letter from WMW Engineering regarding the Subdivision Improvement
Agreement dated 8/3/06
Subdivision Improvements Agreement dated 8/15/06
Letter of Credit from Glacier Bank dated 8/l/06
Title report for Phase 1 # 7208926-1329 dated 6/19/06
Title report for Phase 2 # 7208926-1335 dated 8/l/06
Treasurer's certification for Phase 1 dated 6/19/06
Treasurer's certification for Phase 2 dated 6/19/06
c: Theresa White, Kalispell City Clerk
Sands Surveying, Inc., Attn: Eric Mulcahy, 2 Village Loop, Kalispell, MT 59901
Owl Corp, Attn: Mark Owens, 500 Palmer Drive, Kalispell, MT 59901
Return to:
TheresaWhite
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
APPENDIX E
THIS AGREEMIENT, made and entered into this day of AA)jfS 20.!eP� by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and
e�VJL- I (Name of
Developer)
a
(Individual, Company or Corporation)
located at 5�—� 1::VA ve Z�R4>
(Street Address/P. 0. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
EREAS, the Developer is the owner and developer of a new subdivision known as
T = 1F
Vtsw �ZVrArMgel (Name of
Subdivision)
located at T;nzN4-=
(Location of Subdivision)
and,
WHEREAS, the City has conditioned ies approval of the fmal plat of
kva�F -t vtma I -FA 1 4- -e , upon the conditions as set forth (Name
of Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements,
as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the
completion of those improvements set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial
security of 125% of the estimated total cost of construction of said improvements as evidenced by an
estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
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 $ 4"�' - . 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, certilying the following:
a. That the creditor guarantees funds in the sum of $ 1`2 j r=CZS> chc> the estimated cost of
completing the required improvements in J� �"LSk ;a'aFr"!C'�4
(Name of Subdivision)
b. That if the Developer fails to complete the specified improvements within the required period,
the creditor will pay to the City immediately, and without further action, such funds as are
necessary to finance the completion of those improvements up to the limited of credit stated in the
letter;
2. That said required improvements shall be ffilly completed by 45,91'-T -�; 0 20,!:54P .
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 unprovements 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 one (1) year 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 here -unto set their hands and seals the day and year herein
before written.
(Name of Subdivision/Developer/Firm)
by M2��4 Q_/ rtt.ckj,
(Title)
STATE OF MONT
COUNTY OF
On this day of ,�aq6csj 20 e0l� before me, a Notary Public for the State
of Montana, personally appeared' known to me to be the
See, 7'rea-C, of 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 thism day-.o�iid year
first above written.
X � V, a, z 9, � , �S' " J, /_ �'a �')' /ff
Notary Public for the of Montana
Residingat
My Commission E s a'31A5--1A?
MAYOR, CITY OF KALISPELL
MAYOR
-7
.0's
A
ATTEST: ' 'f
CITY CLERK
1*114281
West View Estates — Phases I and 2
Estimated Unfinished Improvement Cost
Improvement Estimated Cost Completion Date
Median completion $3,600 September 30, 2006
Finished Sewer Main $6,400 September 30, 2006
TOTAL $10,000
Total Collateral Required = 125% of $10,000 = $12,500
It is estimated that the project is over 95% complete.
7' cc
City of Kalispell
Planning Department
17-2 d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
FINAL PLAT APPLICATION
Project /Subdivision Name:, West View Estates, Phases 1 & 2
Contact Person:
Name: Sands Surveying, Inc
Address:_2 Village Loop
—Kalispell, MT 59901
Phone No.:-(406) 755-6481
Owner & Mailing Address:
-Owl Corp, Attn: Mark Owens
500 Palmer Drive
-Kalispell, MT 59901
J406) 752-5666
Date of Preliminary Plat Approval: —May 5, 2003 and a one year extension was granted by the Ci
Council.
Type of Subdivision: Residential X Industrial Commercial PUD Other
Total Number of Lots in Subdivision -9 lots in Phase 1 and 42 lots in Phase 2
Land in Project (acres) 5.119 acres in Phase 1 and 15.312 acres in Phase 2
Parkland (acres) None in Phase 1 or 2 Cash -in -Lieu Exempt
No. of Lots by Type:
Single Family X - Townhouse Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial Industrial Planned Unit Development
Condominium Multi -Family Other
Legal Description of the Property W1/2 of SW1/4 of Section 25, Township 20 North, Range 22
kV1k10MN
FILING FEE ATTACHED $_JLQ�j5.00
Minor Subdivision with approved preliminary plat $400 + $105/lot
Major Subdivision with approved preliminary plat $650 + $105/lot
Subdivisions with Waiver of Preliminary Plat $600 + $105/lot
Subdivision Improvements Agreement $ 50
X
X
X
X
X
Health Department Certification (Original)
Title Report (Original, not more than 90 days old)
Tax Certification (Property taxes must be paid)
Consent(s) to Plat (Originals and notarized)
Subdivision Improvements Agreement (Attach collateral)
Parkland Cash -in -Lieu (Check attached)
Maintenance Agreement
Plats: lopaque OR 2 mylars
1 mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
11X17 Copy I 1X17 Copy
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 he accompanied with a digital copy.
4UC- a--
,6w-ner(s) Signature
.F/7 � /
Daie "
**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
A tie to either an existing subdivision comer or a corner of the public land survey system
SANDS SURVEYING, INC.
2 Village Loop Road
Kalispell, MT 59901
406-755-6481
Fax 406-755-6488
August 7, 2006
City of Kalispell Planning Department
172 nd Street East
Kalispefl, MT 59901
RE: Final Plat submittal for West View Estates, Phase I and 2.
Dear Planning Office:
This cover letter is intended to give an over -view of the conditions of approval and the supporting
documentation for meeting the conditions for West View Estates Phase I and 2. The Kalispell
City Council granted approval of the subdivision on May 5, 2003 and granted a one year
extension earlier this year. Included with this packet is a Subdivision Improvements Agreement
with a table calculating the amount of construction that remains incomplete. The SIA and Letter
of Credit of $12,500.00 ]*Ls 125% of the cost remaining. The letter of credit from Glacier Bank
will expire on 8/l/07 and the improvements outlined in the SIA will be completed by 9/30/06)
Preliminary Plat Conditions
Condition #1: That the development of the subdivision shall be in substantial conformance with
the approved preliminary plat which governs the general location of the lots and roadways.
This condition is met. The final plat conforms to the preliminary plat approved by the
City Council.
Condition #2: That the roadways serving the subdivision shall be constructed in accordance with
the adopted Design and Construction Standards for the City of Kalispell for local streets.
This condition is met through a combination of construction and an attached Subdivision
Improvements Agreement. (See letter from Vv`MW stating that the construction to date
has been according to the approved plans a specifications dated 8/3/06)
Condition #3: That a letter be obtained firom the Kalispell Public Works Department approving
the plans and specification for water, sewer, and drainage facilities for the subdivision.
This condition is met. (See letter from Kalispell Public Works Department, Frank
Castles, P.E. dated 11/7/05 and 8/8/06 and letter from Kalispell Fire Department
approving hydrant locations dated 11/23/06).
.Condition #4: A letter from an engineer licensed in the State of Montana certifying that the
improvements have been installed according to the required specifications shall be submitted at
the time of final plat approval along with a letter from the Kalispell Public Works Department
stating that the required improvements have been inspected and comply with the City Standards.
This condition is met. (See letters from VOvfW and Kalispell Public Works Department).
West View Estates, Phase I and 2
Condition 47: That the developer obtain a letter from the Montana Department of Transportation
approving the intersection of the new internal roadway and West Reserve Drive and certifying
that any necessary improvements have been made.
I K'WIM.-Mmum]
Condition #8: Obtain a permit from the Flathead County Road Department for the new road
access onto Stillwater Road and any needed improvements be made prior to the final plat
approval having been reviewed and approved by the road department superintendent.
AM
9�� �-,- �
Condition 410: The developer shall provide a letter from the US Postal Service approving tho
plan for mail service.
Condition #11: Street lighting shall be located within the subdivision and shall be shielded so
that it does not intrude unnecessarily onto adjoining properties.
I INWWIIIIIIINM,11`4�511 11 11� � 0 IN 1 4 - I in
xsms 1777T TUTTI y7runascu IT& are ?',-W L VI Ur, P-IMMU Cooli Tor
inffraffi?,tion.
A
Condition # 12: That parkland dedication requirements shall be one -ninth or I I% of the area in
lots or 3.69 acres. The 2.00 acres as indicated on the plat will meet a portion of that requirement
and the remaining approximately one acre required can be met by investing and equivalent cash
value into the park. The cash -in -lieu of parkland value is based on a value of $10,000 per acre or
other value demonstrated by the developer as the purchase price per acre.
This condition is partially met. The park will be developed in phase 3 of the
development. However the Developer has entered into an agreement with the City of
Kalispell for developing the park with a City water well pump house and restrooms. The
City has drilled the well on the property and will continue with their improvements.
Condition #13: That a road access be provided from Taylor Road connecting Parcel A to the
subdivision..
The applicant will meet this condition in a subsequent phase as Phase I or 2 does not
construct Taylor Road.
Condition 4 14: That a minimum 20 foot buffer strip shall be established between West Reserve
Drive and the Subdivision.
Condition #15: In addition to the 20 foot buffer strip, a 10-foot right-of-way reservation along
West Reserve Drive be indicated on the final plat for future expansion of that road.
This condition is met. The conduit and vaults are installed and the developer has paid the
utility companies for installation. Copies of the contracts are in the packet.
oil
,
FM_ M a' MONNUM
final plat. The fire access and suppression system shall be installed and approved by the Fire
Department prior to final plat approval.
MYTIT'Ifll TY OW"IMM-11-M
Letter of Credit in the amount of $12,500.00..
I WIT M11
N
Condition #19: All areas disturbed during development of the subdivision shall be revegetated
with weed firee mix immediately after development..
This condition is met. Weed abatement is covered under Sitework in the SIA.
1=111MIN I Iiiiiii I III ROOM I FIR illillIlIillIl I I III
111 K-11 "m fr' AFA I irt 4mg I Lim is E-7A tj of I
A title reports are included with this application. Taxes are paid in full. Should you have any
,�uestions regarding this final plat application, please contact me at 755-648 1.
M=
Pri c y, AICP
Sands Surveying Inc.
Attachments: City of Kalispell Final Plat Application
Lefler — WW Engineering (8/3/06)
SIA for Phases I and 2 of West View Estates (8/9/06)
Irrevocable Letter of Credit, Glacier Bank, for $12,500.00 (8/l/06)
2 Letters — Kalispell Public Works Department (11/7/05)
Letter — Kalispell Public Works Department (8/8/06)
Letter — Kalispell Parks and Recreation Department (8/7/06)
Letter — Kalispell Fire Department (11/23/05)
MDEQ letters (12/2/05 and 11/17/05)
MDOT permit (8/2/06)
Flathead County Road and Bridge Department Approach Permit (7/31/06)
CenturyTel Contact
Flathead Electric Coop Contract
Northwest Energy Contract
Letter — USPS (8/9/06)
Title Report for Phase 1 (6/19/06)
Title Report for Phase 2 (8/9/06)
Tax Certification Phase 1 (7/19/06)
Tax Certification Phase 2 (7/19/06)
West View Estates, Phase I and 2
4
500 Palmer Drive
Kalispell, MT. 59901
Office (406) 752-5666
Fax (406) 752-5670
953�Z
Mr. Mike Baker, Director
Kalispell Parks and Recreation Dept.
Box 1997
Kalispell, MT. 59903-1997
RE: West View Estates Subdivision
Dear Mike,
As developer of the above referenced subdivision Owl Corporation would like to
take advantage of the recently offered option of having the Parks and Reereation
Department plant the required boulevard trees. It is our understanding that these
trees would be planted, as the individual lots are developed in order to increase the
survival rate of the trees.
The boulevard areas will be filled with topsoil and seeded by our landscaper. It is
expected that a certain amount of damage will be done to the boulevards during
home construction; however, the individual homeowner will be required to later sod
the boulevards as part of their Homeowner's Agreement.
A Landscape plan was developed by Bruce Lutz, AIA, and a copy is included. This
plan indicates that 84 trees will be required for the initial two phases -Phases 1 and
2. As per your cost sheet the cost of the trees would be $160.00 each, and the cost of
the planting would be $110.00 each, for a total cost of $270.00 per tree.
Enclosed is a check in the amount of $22,680.00 to cover the cost for 84 trees.
($270.00x 84 = $22,680.00)
We are currently in the process of assembling the necessary documentation for the
final plat approval. Please furnish us a letter indicating Parks and Recreation
approval of the project to include with the final plat application.
Should you have any questions pleas give us a call.
Sincerely,
Lee Griswold
cc: Bruce Lutz
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STATE-oF MONTANA — DEPARTMENT OF TRA"RTATION
HELENA, MONTANA 59620-1001
DRIVEwAy APPROACH APPLICATION AND PERMIT
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APPLICANT (Property Owner) Temporay Access Only
Name: Owl Corporation Phone: — 752-5666
Address: 500 Palmer Drive, Kalispell, MT 59901
herein termed the applicant, requests permission to construct approach(es) described and shown on
attached plot plan or plan and profile and hereby made a part of this application.
Please indicate if permits or approaches are required from units of government other than the Department of
Transportation. Write the number of permits required in the box:
F� Federal Government El State E] County El city EJ N/A
Private: xx Public:
Use of Property or Facility: Tempora�y Access for Residential Lots Until Glacier H. S. Opens
(Residence, Trailer Court, Gas Station, Field Access,
Type of Business, etc.)
LOCATION:
City or Town:
(if rural, direction & approx. distance from nearest
city or town)
Street Name, if any: S548
ROADWAY OR HIGHWAY: 55 MPH
Sight Distance: Left: 875' — Right: 8n,
Surfacing: Asphalt Width: 24'
APPROACH: New - Temporary Residential Access - New Turn Bay must be constructed before Glacier
High School Opens.
Estimated number of trips per day:
Width: 32' Flare: 25'w/ slip Side of Roadway: North
ramp (N, E, S, W)
DRAINAGE: See above as determined by Department of Transportation.
INSTRUCTION CONCERNING USE OF THIS FORM
Applicant will complete and deliver this form In duplicate to the District Administrator serving the area in
which the Approach Permit is requested
The District Administrator, in conjunction with the District Traffic Engineer, Is delegated authority to approve curb cuts,
public and private approaches serving businesses, residences and agricultural uses in rural or urban areas without
further consultation if the traffic conditions are not congested. In congested areas, usually urban situations, the
District Administrator and District Traffic Engineer can request the Manager, Traffic Unit In Helena for additional
technical assistance. If this is necessary, the approach should be scaled onto existing plan and profile sheets
showing the highway right-of-way and sent to Helena.
Q:IMTC-STD:112A
-APPROACH PERMIT -
Subject to the following terms and conditions, the permit applied for upon the reverse side hereof, is hereby granted:
1 ) TERM. This permit shall be in full force and effect from the date hereof until revoked as herein provided.
2) RENTAL, Rental shall be NONE
3) REVOCATION. This permit may be revoked by State upon giving thirty (30) days notice to Permittee by ordinary mail, directed
to the address shown in the application hereto attached, but the State reserves the right to revoke this permit without giving
said notice in the event Permittee breaks any of the conditions or terms set forth herein.
4) COMMENCEMENT OF WORK. No work shall be commenced until Permittee notifies the District Administrator, shown in
application, when he proposes to commence work.
5) CHANGES IN HIGHWAY. If the State changes the highway, or there are other changes to adjoining streets, alleys, etc., which
necessitate alterations in structures or installations installed under this permit, Permittee shall make the necessary alterations
at Permittee's sole expense or in accordance with a separate agreement.
6) STATE SAVED HARMLESS FROM CLAIMS. In accepting this permit the Permittee, its1his successors or assigns, agree to
protect the State and save it harmless from all claims, actions or damage of every kind and description which may accrue to, or
be suffered by, any person or persons, corporations or property by reason of the performiance of any such work, character of
materials used, or manner of installations, maintenance and operation, or by the improper occupancy of said highway right of
way, and in case any suit or action is brought against the State and arising out of, or by reason of, any of the above causes,
the Permittee, its/his successors or assigns, will upon notice to it/him of the commencement of such action, defend the same at
its/his sole cost and expense and satisfy any judgment which may be rendered against the State in any such suit or action.
7) PROTECTION OF TRAFFIC. Insofar as the interests of the State and the travelling public are, concerned, all work performed
under this permit shall be done under the supervision of the District Administrator of the Department of Transportation and his
authorized representatives, and he/they shall indicate barriers to be erected, the lighting thereof at night, placing of flagmen
and watchmen, manner in which traffic is to be handled, and shall specify to Permittee how road surface is to be replaced if it is
disturbed during operations, but said supervision shall in no way operate to relieve or discharge Permittee from any of the
obligations assumed by acceptance of this permit, and especially those set forth under Section 6 thereof.
8) HIGHWAY DRAINAGE. If the work done under this permit interferes in anyway with the drainage of the State Highway
affected, Permittee shall, at its/his own expense, make such provisions as the State may direct to take care of said drainage.
9) RUBBISH AND DEBRIS. Upon completion of work contemplated under this permit, all rubbish and debris shall be immediately
removed and the roadway and the roadside left in a neat and presentable condition satisfactory to the State.
10) WORK TO BE SUPERVISED BY STATE. All work contemplated under this permit shall be done under the supervision of and
to the satisfaction of the authorized representative of the State, and the State hereby reserves the right to order the change of
location or removal of any structure or installation authorized by this permit at any time, said, changes or removal to be made at
the sole expense of the permittee.
11) STATE'S RIGHT NOT TO BE INTERFERED WITH. All such changes, reconstructing or relocation shall be done by Permittee,
in such a manner as will cause the least interference with any of the State's work, and the State shall in no wise be liable for
any damage to the Permittee by reason of any such work by the State, its agents, contractors or representatives, or by the
exercise of any rights by the State upon the highways by the installations or structures placed under this permit.
12) REMOVAL OF INSTALLATIONS OR STRUCTURES. Unless waived by the State, upon termination of this permit, the
Permittee shall remove the installations or structures contemplated by this permit and restore the premises to the condition
existing at the time of entering upon the same under this permit, reasonable and ordinary wear and tear and damage by the
elements, or by circumstances over which the Permittee has no control, excepted.
13) MAINTENANCE AT EXPENSE OF PERMITTEE. Permittee shall maintain, at its/his sole expense the installations and
structures for which this permit is granted, in a condition satisfactory to the State.
14) STATE NOT LIABLE FOR DAMAGE TO INSTALLATIONS. In accepting this permit the Permittee agrees that any damage or
injury done to said installations or structures by a contractor working for the State, or by any State employee engaged in
construction, alteration, repair, maintenance or improvement of the State Highway, shall be at the sole expense of the
Permittee.
15) STATE TO BE REIMBURSED FOR REPAIRING ROADWAY. Upon being billed therefor Permittee agrees to promptly
reimburse State for any expense incurred in repairing surface or roadway due to settlement at installation, or for any other
damage to roadway as a result of the work performed under this permit.
16) OTHER CONDITIONS AND/OR REMARKS.
a. All approach side slopes will be constructed on not less than 6 to 1 slope, unless otherwise approved.
b. No private signs or devices etc., will be constructed or installed within the highway right-of-way limits.
c. This permit is valid only if approach construction is completed within 6 months from date of issue.
d. See attached sheet for additional restrictions.
Dated at Kalispell Montana this — day of I �. 20106—
The undersigned, the *Permittee' mentioned in the aforegoing instrument, DEPARTMENT OF TR��V I N
hereby accepts this permit, together with all of the terms and conditions
set forth therein. By:
District Ad.jnid&o7)
— -- - ---- - ---- Completed Approach Inspected by
Alw ,
Permittee
Date
One copy of permit to District Administrator for file
One copy of permit to Applicant Title
Q:MTC:—
Attachment for Owl Corp. "West View Estates" 4/2006
S548 MP 3.3 1,094' East of Stillwater Road (no plans)
1. This temporary Approach Permit will be revoked September 4, 2007 at
which time the West View developer must have a left turn lane on West
Reserve Drive into the West View development designed and constructed.
Because of the proximity to the intersection of Stillwater Road and West
Reserve Drive this left turn lane must be designed and constructed in
conjunction with the left turn lane on West Reserve Drive for traffic turning
south onto Stillwater Road. This will require the West View developer and
the Glacier High School developer to work together on the design and
construction of the two left turn lanes. Same designer; same contractor.
The design must be reviewed and approved prior to the beginning of
construction.
2. Permittee or their contractors are required to locate and move or protect all
utilities and encroachments currently buried on MDT right of way.
3. -Permittee or their contractors are required to meet minimum signing and traffic
control requirements while working on MDT right of way.
4. Permittee is responsible for any rocks, gravel, or dirt that is carried onto the
roadway by this construction. Sweeping and cleaning will be done daily at the
permittee's expense.
The approach culvert must have "RACET's" attached to both ends. See
attachment for size and description.
6. The top of the approach must be paved while on MDT right of way. All side
slopes coveted with dirt and seeded with certified weed free seed.
7. Contact Cliff Steinmetz at 751-2023 one week prior to starting construction to
confirm location and construction details.
8. For permit to be valid, all work must be completed, inspected, and signed
within 6 months. Contact Cliff Steinmetz for the final inspection and
approval signature.
S548-3.3
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/ DRAINAGE
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iSTRUCTION IFROM EDGE OF ASPIiALT1
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IN, TALL 18"x58'± CMP
25 FROM EDGE OF
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MATCH TO MSTING
EDGE OF PAVEMENT
M (SEE NOTES)
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. STEEL PIPI
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SCHEOME 44,
GALVANIZED STEEL PIPE
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SECTION A —
ILLUSTRATED UTH 24* CLIP QO* CW
UTILIZES- FbL* GALy- STEEL PIPESY
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A A
CROUND LINE
SEE
NOTE
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URE. 0 5 A C-K.
RO*, J.,`kPPRO CH tULVERT "END: TRUTIEjq.
UMTITIES (FOR ESTIMATIA.. ONLY)
CIA. A
CW iINCHES!
PIPE-,,
LENGTH ri T. I
Me' x % 11'�
GALY. &&WL
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SCHEDULE 40
LENGTH (FT.)
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NOTES3
11 PIPE WHAVE ANNULAR CORRUGATION OR REROLLEDINK USE ONLY
-APPROVED COUft1NG,:9AXO PER STANDARD SPECIFICA140M 709,02 CtF.
.FOR *CP END TXEATIWENT. SEE IDTL* M NO. 03.26 FOR CONNEC . TIO&
CAL= PE., CALVAmZED CHAIWEL. AND FAWbC AS REOWRED
ARE
LOOT P*CE IND FOR: DRAINAGE PiPt.
3) THE TW 3r4* CHAMMMS WAY K ELIWXATED FROUTHE CULVERT END
TREATWNT WI
A. THE CXILVIERT IS rABRICAM .1111TH 112 CAGE 40. 109' THICK) HATEFUL.
* K4LF CIRCLE I N6TCH1ES AK CUT OUTHE CULWAT FOR THE STEEL PIPE
MTN C09TIMJOM VELD OF THE PERWHERY IN CONTACT PROVIDED.
* ALL INELDS AND.0 * �icx am-GALVA'NIZED PARTS ARE PAINTED Of
ACCORDANCE NTH STAXOM SPECIFICATIONS SECTION ?10.
4) C014NECTIORS MADE KR DTL W- ft 03-26 REOLIKE PIPE LENGTHS H AND
i To BE INCREASED SY 3'
SECTION M?".710 603-14
CW ROAD APPROACH
CULVERT END TREATWNT
(RAICEt)
25' R.
SHOULDER
OF HIGHWAY
MAINLINE
DITCH GRACE
NOTES:
SHOULDER
OF HIGHWAY
25' R.
WN.
SLOPE ALL
SEE PLANS LANDING 1p/,
2%", HIGHWAY
FOR WIDTH STRIPS - I
FOR ORAINAG
SHOULDER
OF HIGHWAY
25' R.
WN.
R/W
SLOPE ALL
LANDING 24' MIN.
STRIPS 1% -2%
FOR DRAlNkGt
1* LANDING LANOI
AN INO L �AN
I
S T R"i P S T R'I'F
APPROACH 25' R. 0 25. 0' WN. FOR PRIVATE OR
25
FIELD APP.
79.0* MN FOR COUNTY XND
SHOULDER MAIN ROADS
OF HIGHWAY
I r-SEE PLANS FOR SURF.1
TYPICAL SECTION AT MAINLINE DITCH
USE A PIPE AS NECESSARY FOR DRAINXCE.
INSTALL CULVERTS OUTSJDE THE CLEAR
ZONE OR PROVIDE END TREATMENT.
24. 0'
r.- 1 6:1
��AN
SEE PLANS FOR SURF.
TYPICAL SECTION IN THOROUGH FILL
APPROACH GRADE IS NOT TO EXCEED 107 UNLESS TRAFFIC VOLUMES
AND COST INDICATE SUCH TO BE JUSTIFIABLE.
CONSTRUCT APPROACHES TO FIT LOCAL CONDITIONS, MNIMZE TRAFFIC
HAZARDS. AND AFFORD ENTRY AND EXIT OF TRAFFIC TO AND FROM THE
MAIN ROAD.
SECURE WRITTEN PERMISSION FROM LANDOWNER FOR WORK BEYOND THE
RIGHT-OF-WAY.
MAINLINE
DITCH GRADE
FILL SLOPES
0'-10'
6: 1
10'-20'
4: 1
20'-30*
3'-1
OVER 30'
2.' 1
REFERENCE DWG. NO
STANDARD SPEC.
SECTION 203 203-05
APPROACHES
E-FFE,QTIVE. AUGUST 195S
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DESIGN AND GEOMETRIC REQUIREMENTS
2. LOCATION — Locations of approaches shall be selected to first provide
maximum safety for highway traffic and secondly, for users of the driveway.
All parts of entrances and exits, including the. radii but not including right
turn lanes and tapers on highway right-of-way, shall be confined entirely
within the permittee's property frontage.
3. MATERLALS — The permittee shall fin-nish all materials -necessary for the
construction of appurtenances authorized by the permit. This shall include
Ru-nishing drainage pipe, curb and gutter, concrete sidewalks, topsoil or sod,
etc., where required.
4. BASE AND SUBGRADE — It shall be ' the responsibility of the permittee to
supply, place, and properly compact the approach fill and base material. All
base material shall consist of sand, sand -gravel, or sand and rock mixtures
containing the sufficient granular fines to fill the void ' Is between the larger
gravel and stone, and to permit compaction. In area without curb and gutter,
the approach base and surfacing shall consist of an adequate. depth of
granul ' ar material. When deemed necessary by the Department, for
maintenance or operational purposes, the property owner shall furnish and
place bituminous surfacing. This surfacing should normally extend a
inimum distance of 12 feet from the outside shoulder line, or to the right-
of-way line, �vhichever is the least.* Any, distance to the right-of-way line
beyond 12 feet should be gravel surfaced. Casually used field approaches
may extend a lesser distance. A 5-foot minimum' is recommended.
Cornme ial approaches are normally required to be paved.
Highway approaches — MDT regulatory authority
MDT issues approach permits pursuant to rules published in A.R.M. Title 18, Chapter 5,
Sub -Chapter 1, "Highway Approaches." MDT's general authority over highways and its
rulemaking authority is set forth at Mont. Code Ann. § 60-2-201.
For any other new or reconstructed approach (private and public), the owner (private) or
public entity shall apply for an approach permit, do all work and pay all costs in
connection with construction of approaches and their appurtenances (culverts, etc.) on the
right-of-way. A.R.M. 18.5.105(l)-(3). Such approaches shall be constructed pursuant to
the standards set forth in the rules. A.R.M. 18.5.105(7)(a).
The rules are specific regarding "pen-nittee installed approaches" and state that "any
changes, maintenance and/or repairs deemed necessary by the Department shall be the
responsibility of the permittee." A.R.M. 18.5.105(9)(a). NOT "reserves the right to
make any changes, additions, repairs or relocations to any approach or its appurtenances
within the highway right-of-way." A.R.M. 18.5.105(9)(b).
The terms and conditions set forth on the approach permit form, published pursuant to
the rules, further specify that the pen-nittee, is responsible, at its sole expense or in
accordance with a separate agreement, for necessary alterations in the structures or
installations installed under the permit if MDT changes the highway (or adjoining streets,
alleys, etc. are changed).
Additionally, the terms and conditions specifically state that the penniftee is responsible
for the work and costs associated with drainage and maintenance of the installations and
structures. If MDT exercises its right to make repairs, the costs may be charged to the
permittee.
The permittee owns the approach and appurtenances, in that the permittee owns a
revocable approach permit which assigns the responsibility for maintenance and
alteration of the approach tothe permittee. The permittee does not, under any
circumstances, acquire ownership of the underlying highway right-of-way through the
approach permit process. The approach permit may be revoked by MDT upon 30 days
notice to the permittee.
'0
J Montana Departrinent of Transportation L y n ch, D; r e ct o r
-e—i._q uu with prid� -31rion SchvveltZer, Gnverncr
Kalispell Area Office
85 Fifth Avenue East North
PO Box 7308
Kalispell, M T 59904-0308
August 2, 2006
Owl Corporation
500 Palmer Drive
Kalispell, MT 59901
Subject: Temporary Access Approval — West View Estates
Secondary 548 — 1,094' East of Stillwater Road
The construction of your temporary access has been inspected and approved with the
following conditions and comments.
• The natural drainage at this location flowed from the MDT right of way onto
private property on the east side of this driveway. This natural drainage must be
maintained.
• This is only a temporary access. A new approach and turn bay designed in
conjunction with Glacier High School's turn bay must be reviewed, approved and
constructed prior to the opening of the new high school.
• The clear vision triangle meets MDT standards.
Clay Colby
Maintenance Superintendent
751-2014
copies: Stephen L. Herzog
Dennis Oliver
Area File
Phone: (406) 751-2000 An Equal Opportunity Employer TTY: (800) 335-7592
Fax: (406) 752-5767 Web Page: www.rndt.rntgov
Q WfC-SIDA 12A
STATE OF MONTANA — DEPARTMENT OF TRANSPORTATION
HELENA, MONTANA 59620-1001
DRIVEwAy APPROACH APPLICATION AND PERMIT
APPLICANT (Property Owner) Temporay Access Only
Name: — Owl Corporation Phone: 752-5666
Address: 500 Palmer Drive, Kalispell, MT 59901
herein termed the applicant, requests permission to construct approach(es) described and shown on
attached plot plan or plan and profile and hereby made a part of this application.
Please indicate if permits or approaches are required from units of government other than the Department of
Transportation. Write the number of permits required in the box:
El Federal Government El State D County El city 0 N/A
Private: xx Public:
Use of Property or Facility: Temoorary Access r Residential Lots Until Glacier H. S. Opens
e, Trailer Court, Gas Station, Field Access,
Type of Business, etc.)
LOCATION:
City or Town: Kalispell
(If rural, direction & approx. distance from nearest
city or town)
Street Name, if any: S548
ROADWAY OR HIGHWAY: 55 MPH
Sight Distance: Left: 875' Right:
Surfacing: Asphalt Width: 24'
APPROACH: New - Temporary Residential Access - New Turn Bay must be constructed before Glacier
High School Opens.
Estimated number of trips per day:
Width: 32' Flare: 25'w/ slip Side of Roadway: North
ramp (N, E, S, W)
DRAINAGE: See above as determined by Department of Transportation.
INSTRUCTION CONCERNING USE OF THIS FORM
Applicant will complete and deliver this form in duplicate to the District Administrator serving the area in
which the Approach Permit is requested.
The District Administrator, in conjunction with the District Traffic Engineer, is delegated authority to approve curb cuts,
public and private approaches serving businesses, residences and agricultural uses in rural or urban areas without
further consultation if the traffic conditions are not congested. In congested areas, usually urban situations, the
District Administrator and District Traffic Engineer can request the Manager, Traffic Unit in Helena for additional
technical assistance. If this is necessary, the approach should be scaled onto existing plan and profile sheets
showing the highway right-of-way and sent to Helena.
Q:q`1fC-SfD:1 12A Rp�ised 3!1101c)�)
- APPROACH PERMIT -
Subject to the following terms and conditions, the permit applied for upon the reverse side hereof, is hereby granted:
1) TERM. This permit shall be in full force and effect from the date hereof until revoked as herein provided.
2) RENTAL. Rental shall be NONE
3) REVOCATION. This permit may be revoked by State upon giving thirty (30) days notice to Permittee by ordinary mail, directed
to the address shown in the application hereto attached, but the State reserves the right to revoke this permit without giving
said notice in the event Permittee breaks any of the conditions or terms set forth herein.
4) COMMENCEMENT OF WORK. No work shall be commenced until Permittee notifies the District Administrator, shown in
application, when he proposes to commence work,
5) CHANGES IN HIGHWAY. If the State changes the highway, or there are other changes to adjoining streets, alleys, etc., which
necessitate alterations in structures or installations installed under this permit, Permittee shall make the necessary alterations
at Permittee's sole expense or in accordance with a separate agreement.
6) STATE SAVED HARMLESS FROM CLAIM S. In accepting this permit the P ermittee, its/his successors or assigns, agree to
protect the State and save it harmless fro m all claims, actions or damage of every kind and description which may accrue to, or
be suffered by, any person or persons, corporations or property by reason of the performance of any such work, character of
materials used, or manner of installations, maintenance and operation, or by the improper occupancy of said highway right of
way, and in case any suit or action is brought against the State and arising out of, or by reason of, any of the above causes,
the Permittee, its/his successors or assigns. will upon notice to it/him of the commencement of such action, defend the same at
its/his sole cost and expense and satisfy any judgment which may be rendered against the State in any such suit or action.
7) PROTECTION OF TRAFFIC. Insofar as the interests of the State and the travelling public are concerned, all work performed
under this permit shall be done under the supervision of the District Administrator of the Department of Transportation and his
authorized representatives, and helthey shall indicate barriers to be erected, the lighting thereof at night, placing of flagmen
and watchmen, manner in which traffic is to be handled, and shall specify to Permittee how road surface is to be replaced if it is
disturbed during operations, but said supervision shall in no way operate to relieve or discharge Permittee from any of the
obligations assumed by acceptance of this permit. and especially those set forth under Section 6 thereof.
8) HIGHWAY DRAINAGE. If the work done under this permit interferes in anyway with the drainage of the State Highway
affected, Permittee shall, at its/his own expense, make such provisions as the State may direct to take care of said drainage.
9) RUBBISH AND DEBRIS. Upon completion of work contemplated under this permit, all rubbish and debris shall be immediately
removed and the roadway and the roadside left in a neat and presentable condition satisfactory to the State.
10) WORK TO BE SUPERVISED BY STATE. All work contemplated under this permit shall be done under the supervision of and
to the satisfaction of the authorized representative of the State, and the State hereby reserves the right to order the change of
location or removal of any structure or installation authorized by this permit at any time, said changes or removal to be made at
the sole expense of the permittee.
11) STATE'S RIGHT NOT TO BE INTERFERED WITH. All such changes, reconstructing or relocation shall be done by Permittee,
in such a manner as will cause the least interference with any of the State's work, and the State shall in no wise be liable for
any damage to the Permittee by reason of any such work by the State, its agents, contractors or representatives, or by the
exercise of any rights by the State upon the highways by the installations or structures placed under this permit.
12) REMOVAL OF INSTALLATIONS OR STRUCTURES. Unless waived by the State, upon termination of this permit, the
Permittee shall remove the installations or structures contemplated by this permit and restore the premises to the condition
existing at the time of entering upon the same under this permit. reasonable and ordinary wear and tear and damage by the
elements, or by circumstances over which the Permiftee has no control, excepted.
13) MAINTENANCE AT EXPENSE OF PERMITTEE. Permittee shall maintain, at its/his sole expense the installations and
structures for which this permit is granted, in a condition satisfactory to the State.
14) STATE NOT LIABLE FOR DAMAGE TO INSTALLATIONS. In accepting this permit the Permittee agrees that any damage or
injury done to said installations or structures by a contractor working for the State, or by any State employee engaged in
construction, alteration, repair, maintenance or improvement of the State Highway, shall be at the sole expense of the
Permittee.
15) STATE TO BE REIMBURSED FOR REPAIRING ROADWAY. Upon being billed therefor Permittee agrees to promptly
reimburse State for any expense incurred in repairing surface or roadway due to settlement at installation, or for any other
damage to roadway as a result of the work performed under this permit.
16) OTHER CONDITIONS AND/OR REMARKS.
a. All approach side slopes will be constructed on not less than 6 to 1 slope, unless otherwise approved.
b. No private signs or devices etc., will be constructed or installed within the highway right-of-way limits.
C. This permit is valid only if approach construction is completed within 6 months from date of issue.
d. See attached sheet for additional restrictions.
,-r1f
Dated at Kalispell Montana this day of Aqf-
The undersigned, the 'Permittee' mentioned in the aforegoing instrument, DEPARTMENT OF TR Op�&R�TT I� N
hereby accepts this permit, together with all of the terms and conditions
set forth therein. 8 y::
District Administrat
'114U -----------------------------
Permittee
One copy of permit to District Administrator for file
One copy of permit to Applicant
Completed Approach Inspect d b
Date
Title
:Q:MTC:-
FQ_WL CORP01"TION
500 Palmer Drive
Kalispell, MT. 59901
Office (406) 752-5666
Fax (406) 752-5670
July 28, 2006
Mr. Mike Baker, Director
Kalispell Parks and Recreation Dept.
Box 1997
Kalispell, MT. 59903-1997
RE: West View Estates Subdivision
Dear Mike,
As developer of the above referenced subdivision Owl Corporation would like to
take advantage of the recently offered option of having the Parks and Recreation
Department plant the required boulevard trees. It is our understanding that these
trees would be planted, as the individual lots are developed in order to increase the
survival rate of the trees.
The boulevard areas will be filled with topsoil and seeded by our landscaper. It is
expected that a certain amount of damage will be done to the boulevards during
home construction; however, the individual homeowner will be required to later sod
the boulevards as part of their Homeowner's Agreement.
A Landscape plan was developed by Bruce Lutz, AIA, and a copy is included. This
plan indicates that 84 trees will be required for the initial two phases -Phases I and
2. As per your cost sheet the cost of the trees would be $160.00 each, and the cost of
the planting would be $110.00 each, for a total cost of $270.00 per tree.
Enclosed is a check in the amount of $22,680.00 to cover the cost for 84 trees.
($270.00x 84 = $22,680.00)
We are currently in the process of assembling the necessary documentation for the
final plat approval. Please furnish us a letter indicating Parks and Recreation
approval of the project to include with the final plat application.
Should you have any questions pleas give us a call.
Sincerely,
Lee Griswold
cc: Bruce Lutz
City of Kalispell Public Works Department
Post cc Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720., Fax (406)758-7831
November 7, 2005
Dick Montgomery, P.E.
Environmental Health Services
Flathead City -County Health Department
1035 First Avenue West
Kalispell, Mt. 59901
Re: West View Estates
Kalispell, Montana
Dear Dick,
This letter is to confirm that the City of Kalispell has reviewed and approved the
construction plans and specifications prepared by WMW Engineering, PC, Consulting
Engineers, for the referenced project with the stipulation that the required vertical
clearances for the water/sewer intersections be maintained. The Kalispell water
distribution system and sanitary sewer system has adequate capacity to serve the
project.
Please feel free to call if you have any questions.
Since e
:7 ly,
Frank Cas(i,�P.E.
Assistant City Engineer
cc: WMW Engineering, PC
Consulting Engineers
50 West Second Street
Whitefish, Montana 59937
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
August 15, 2006
Owl Corporation
500 Palmer Drive
Kalispell, Montana 59901
Attention: Mark Owens
Re: Westview Estates, Phases 1 & 2
Dear Mr. Owens,
The City of Kalispell Public Works Department hereby approves the existing, completed
improvements except those listed in the Subdivision Improvement Agreement, Exhibit 13, for the
referenced subdivision.
Approval by the City of Kalispell for the City owned and maintained improvements is granted
based on the following:
1. WMW Engineering letter dated 3une 12, 2006, certifying that the improvements within
the referenced subdivision have been inspected and installed in accordance with the City
of Kalispell standards and the approved plans and specifications
2. Receipt of a Subdivision Improvement Agreement, Exhibit B, which contains the total
estimated construction costs plus 25 percent covering the estimated costs for the
remaining median completion and video inspection of the sanitary sewers. The
Subdivision Improvement Agreement, Exhibit B, is certified by Paul Wells, P.E., to being
an accurate accounting of anticipated costs for the remaining improvements.
The two year warranty period for the City owned and maintained improvements will commence
upon the expiration of the Subdivision Improvement Agreement.
If you have any questions, please do not hesitate to contact this office.
S jin e r ly
r
rank Castles, P.E.
Assistant City Engineer
Cc: Sean Conrad, Senior Planner
Kalispell Planning Office
35 1 6'Ave East — P 0 Box 1997 — Kalispell IVIT 59903-1997
Phone: (406) 758-7718 Fax: (406) 758-7719
Email: parknrec@kalispell.com
August 7, 2006
Lee Griswold
Owl Corporation
500 Palmer Drive
Kalispell MT 59901
Re: West View Estates Subdivision Landscape Plan — Phase I & 11
Dear Mr. Griswold:
This letter is to serve as approval on the landscaping plans submitted for Phase I & 11 of
West View Estates.
The developer has deposited a check in the amount of $22,680, with the City of
Kalispell to cover the cost of planting 84 boulevard trees within Phase I & 11, along Talon
Road. The developer will be responsible for the boulevard fill and homeowners will be
required to sod boulevard as a part of their Homeowners agreement. It is understood
that any and all landscaping and amenities are required to meet the city standards.
Final approval will be given upon completion, inspection and approval of the
landscaping, at which time bonding and/or letter of credit would be released if it is in
place. It should be noted that the landscaping and amenities are under a warranty
period and the developer will be responsible for replacement if necessary.
It has been enjoyable working with you, if you have any concerns or questions please
give me a call.
aSincerely
0"' (' "-"'
'Y
Michael Baker, DDirector
Kalispell Parks and Recreation
Enc: West View Estates
cc: Tom Jentz, Kalispell Planning
Deb Deist, Finance
Mark Crowley, Construction Manager
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Westview Estates-.* - Pw*,Ott�- C�. T-
4-24-06
FLATHEAD STATION
248 FIRST AVENUE WEST
KALISPELL MT 59901
August 9, 2006
Planning Board: West View Estates Phases 1 and 2
To Whom It May Concern:
The above referenced project has been reviewed. A suitable location for mail delivery has been
established. Centralized boxes have been installed with a turnout 10 feet wide and 20 feet long for the
carrier4o service and leave these boxes.
The developer will be responsible for purchasing the CBUs. The Developer or homeowners
individually or collectively will be responsible to keep the roadway and area to the boxes clear of ice and
snow.
If you have any questions please feel free to call me at (406) 755-0187.
Sincerely yours:
ug, rA ,,(
Elden Marvel
Manager Customer Services
(406)-755-0187
FAX: (406)-755-0376
KALISPELL FIRE DEPARTMENT
312 First Avenue East
Randy Brodehl - Fire Chief Kalispell, Montana 59901
Dan Diehl — Assistant Chief/Operations (406) 758-7760
Brent L. Christopherson — Assistant Chief/Prevention FAX: (406) 758-7952
November 23, 2005
WMW Engineering, PC
ATTN: Lee Griswold
50 West Second Street
Whitefish, MT 59937
Re: West View Estates
Dear Mr. Griswold:
In response to your request for review and approval of the above -referenced project, our
department approves the hydrant locations as shown on the utility drawing (sheets 9-15 of
2 1), revision dated 11 - 18-05, and the fax memo received 11 -23-05.
Please contact me if you have any questions.
§MI
Brent L. Christopherson
Assistant Chief/Prevention
cc: Frank Castles, Asst. City Engineer
"Assisting our community in reducing, preventing, and mitigating emergencies. "
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions & Condominiums Only
8Y: SANDS
FOR: OWL CORPORATION
DESCP: WEST VIEW ESTATES PH I
(Tr. 5 in 25-29-22)
YEARS
2000 THRU 2005
2004 THRU 2005
ASSESSOR #
0417 7 0 0
0006861
DATE: 12/22/05
PURPOSE: SUB.
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above
,jor the years indic for
each assessor number. /-/0 r
Deputy Treasurer
(sea[)
juk 9 2906
APPLICATION AND AGREEMENT FOR IRREVOCABLE LETTER OF CREDIT
---- ------ --- ................. .
..... . . ... . . ...
... . ....
--------------_----
-Am -C jak_
..... .. ----
.......... -- - - --------- -- .......... --------
---------- - -- --------- ........ ........ .
.......... .......... . ....... ......... .. .... ....
- -------------------------- ...................
-ON2
. ............. ............ -0
------ ---- ------ ...
P_ I I 92m7w
References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item.
Any item above containing " * * * " has been omitted due to text length limitations.
Borrower: OWL CORPORATION
136 RIVER VIEW DR.
KALISPELL, MT 59901-2760
h /C4
Beneficiary: CITY OF KALISPELL
P.O. BOX 1997
KALISPELL, MT 59901
r
Lender: Glacier Bank
Kalispell Office
202 Main Street
PO Box 27
Kalispell, MT 59903-0
Cap
APPLICATION FOR LETTER OF CREDIT. Borrower hereby requests Lender indicated above to issue a Letter of Credit substantially in the form
attached hereto and incorporated herein by this reference. In issuing the Letter of Credit, Borrower expressly authorizes Lender to make such
changes from the terms set forth in this Agreement as the Lender in Lender's sole discretion may deem advisable provided that no such change
shall vary the material terms hereof.
INSPECTION OF DRAFTS AND ACCOMPANYING DOCUMENTS. Borrower authorizes Lender to accept, honor, or pay (as applicable) against
any draft or other document which on its face appears otherwise in order and is signed, issued, or presented by any party or under the name of
any party a) purporting to act with authority (actual or apparent) on behalf of the Beneficiary in whose name the Letter of Credit requires that
any draft or document must be drawn, issued, or presented; b) purporting to claim through such Beneficiary; or c) posing as such Beneficiary.
Borrower agrees to reimburse Lender any and all amounts which Lender pays under the Letter of Credit notwithstanding any legal or factual
insufficiency or infirmity in such party's conduct or documents under clauses a), b), or c) in this paragraph.
REPAYMENT OF DRAFTS. Borrower shall immediately repay Lender upon demand, unless otherwise provided, in United States currency for any
amounts paid by Lender under the Letter of Credit. Borrower's obligation to repay Lender for any such amounts paid under the Letter of Credit
shall be absolute, unconditional, and irrevocable.
INTEREST. All fees and all other amounts payable under this Agreement shall bear interest from their due date or with respect to any draft
presented under the Letter of Credit, from the date of payment of any draft at the interest rate and under the terms set forth in the Note
executed in conjunction with this Agreement. The Note shall evidence the obligation of Borrower herein to repay Lender for any amounts paid
under the Letter of Credit.
SECURITY INTEREST. To secure the payment and performance of Borrower's obligations and duties described in this Agreement and Related
Documents, if any, Borrower grants Lender a security interest in: 1) all goods and documents that come into Borrower's actual or constructive
possession, custody, control, or in which Borrower may acquire an interest in connection with the Letter of Credit; 2) all goods and documents
that come into Lender's actual or constructive possession, custody or control, or that of any of Lender's correspondents in connection with the
Letter of Credit; 3) all of Borrower's right, title and interest in Borrower's accounts, monies, instruments, savings, checking, share and other
accounts (excluding IRA, Keogh, trust accounts and other accounts subject to tax penalties) that come into Lender's actual or constructive
possession, custody or control. Borrower's obligations under this Agreement and Related Documents are also secured by the collateral
described in any security instrument(s) executed in connection with this Agreement, and any collateral described in any other security
instrument(s) securing this Agreement or all of Borrower's obligations to Lender.
Default. Default will occur if payment in full is not made immediately when due.
RIGHTS OF LENDER ON EVENT OF DEFAULT. If there is an Event of Default as set out in the Default paragraph of this Agreement, Lender shall
be entitled to exercise one or more of the following remedies without notice or demand (except as required by law):
a) to declare any unpaid amounts plus accrued interest under this Agreement and under the Note, if any, and all other present and future
obligations of Borrower immediately due and payable in full, such acceleration shall be automatic and immediate if the Event of Default is a
filing under the Bankruptcy Code;
b) to require Borrower to deposit with Lender the full amount of any additional monies capable of being drawn under the Irrevocable Letter
of Credit;
c) to collect the outstanding obligations of Borrower;
d) to forthwith setoff and/or segregate without notice or demand, Borrower's obligations against any amounts due to Borrower including,
but not limited to, monies, instruments, and deposit amounts maintained with Lender;
e) to sell any goods or documents covered by any security interest granted above; and
f) to exercise all other rights available to Lender under any other written agreement or applicable law.
Lender's rights are cumulative and may be exercised together, separately, and in any order. Lender's remedies under this paragraph are in
addition to those available at common law, including, but not limited to, the right to set-off. The sale of secured goods or documents will be
governed by the Uniform Commercial Code for the State of Montana. If the sale does not pay for the whole amount due, Borrower will pay the
shortage to Lender immediately. If the sale results in more than the amount due, Lender will pay the surplus to Borrower or those who have a
right to it. If the value of the secured goods declines, Borrower will deliver to Lender on Lender's demand additional collateral that is acceptable
to Lender.
INSURANCE. If applicable, Borrower, or a third party, will obtain insurance on all goods described in the Letter of Credit. The insurance will
cover fire and other usual risks, and any additional risks Lender may request. Borrower authorizes Lender to collect the proceeds of insurance
and apply it against any of Borrower's obligations to Lender.
ASSIGNMENT. Borrower shall not be entitled to assign any of Lender's rights, remedies, or obligations described in this Agreement without the
prior written consent of Lender which may be withheld by Lender in Lender's sole discretion. Lender shall be entitled to assign some or all of
Lender's rights and remedies described in this Agreement without notice to or the prior consent of Borrower in any manner. The obligations
under this Agreement shall bind the heirs, executors, administrators, successors and assigns of Borrower, and all rights, benefits and privileges
hereby conferred on Lender shall be and hereby are extended to and conferred upon and may be enforced by Lender's successors and assigns.
RESPONSIBILITIES AND LIABILITIES. Neither Lender nor any of Lender's correspondents shall be responsible for, and Borrower's obligation to
reimburse Lender shall not be affected by any change of circumstances or conditions or action of any person related to the Letter of Credit or
this Agreement including without limitation: a) the validity, accuracy, sufficiency or genuineness of drafts, documents, certificates, statements
APPLICATION AND AGREEMENT FOR IRREVOCABLE LETTER OF CREDIT
�Loan No: 1-06-290 (Continued) Page 2
or endorsements thereon, even if such drafts, documents, certificates, statements or endorsements thereon prove, in fact, to be in any respect
invalid, insufficient, fraudulent or forged; b) any breach of any agreement between Borrower and the Beneficiary of the Letter of Credit or any
other party, even if Lender has received notice of same; c) any failure of any draft to bear any reference or adequate reference to the Letter of
Credit; d) any act or omission by Lender in connection with the Letter of Credit or related drafts and documents if done in good faith; e) any
omissions, interruptions, errors, mis-deliveries or delays in the transmission or delivery of any documents, message or communication by mail,
cable, telegram or other media in connection with the Letter of Credit; f) any act, error, default, omission or failure in business of the
Beneficiary, any correspondent or any other party, or any other act or omission beyond Lender's control; g) any acceptance or payment of
overdrafts or irregular drafts or extensions of time limits or other changes or variations in, the Letter of Credit if assented to, orally or in writing,
by Borrower; Borrower shall be conclusively deemed to have waived any right to object to such variation unless within three days of receipt of
such irregular drafts or documents or notice of such variation, Borrower files written notice with Lender; h) any delay by any party in giving, or
failing to give notice of any default under any agreement involving Lender; i) failure by Lender to perfect any interest in or exercise any right
with respect to the collateral securing this Agreement or any other security, endorsement, or guarantee it may have for payment of Borrower's
obligations-, and, j) any amendments to which Borrower has assented.
LIMITED LIABILITY. Lender shall not be responsible to Borrower for, and Lender's right to reimbursement, indemnification, and other payments
hereunder shall not be impaired by any act or omission for which an issuer of a letter of credit is relieved of responsibility under the Uniform
Customs and Practice for Documentary Credits, 1993 Revision, [CC Publication No. 500, as most recently published by the International
Chamber of Commerce (the "UCP") or other applicable law. In addition, Borrower acknowledges that it has reviewed and agreed to the
proposed language of the Letter of Credit and that Lender shall not be responsible for the inclusion or absence of any terms or conditions in that
document. Lender shall not be liable for any special, indirect, or consequential damages, unless there is clear and convincing evidence that such
damages resulted from Lender's bad faith.
INDEMNITY. Borrower agrees to defend and indemnify Lender (and Lender's directors, officers, employees, attorneys, and agents), on demand
and to the fullest extent permitted by law, against each and every claim and liability (and the reasonable costs and legal fees relating thereto)
which may arise under or in connection with this Agreement or the Letter of Credit, including, without limitation, actions commenced by the
Beneficiary of the Letter of Credit for wrongful dishonor and actions commenced by Borrower to enjoin honor or attach the proceeds of honor.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement:
Additional Assurances. Make, execute and deliver to Lender such promissory notes, mortgages, deeds of trust, security agreements,
assignments, financing statements, instruments, documents and other agreements as Lender or its attorneys may reasonably request to
evidence and secure the Borrower's obligations under the Letter of Credit.
Amendments. This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties
as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing
and signed by the party or parties sought to be charged or bound by the alteration or amendment.
Attorneys' Fees; Expenses. Borrower agrees to pay upon demand all of Lender's costs and expenses, including Lender's attorneys' fees
and Lender's legal expenses, incurred in connection with the enforcement of this Agreement. Lender may hire or pay someone else to help
enforce this Agreement, and Borrower shall pay the costs and expenses of such enforcement. Costs and expenses include Lender's
attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy
proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post -judgment collection
services. Borrower also shall pay all court costs and such additional fees as may be directed by the court.
Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the
provisions of this Agreement.
Choice of Venue. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Flathead
County, State of Montana.
Commercial Purposes. This Agreement is being executed for commercial, which includes agricultural, purposes.
Financial Statements. Borrower agrees to provide Lender with such financial statements and other related information at such frequencies
and in such detail as Lender may reasonably request.
Governing Law. This Agreement will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the
laws of the State of Montana without regard to its conflicts of law provisions, and except to the extent such laws are inconsistent with the
UCP. This Agreement has been accepted by Lender in the State of Montana.
Joint and Several Liability. All obligations of Borrower under this Agreement shall be joint and several, and all references to Borrower shall
mean each and every Borrower. This means that each Borrower signing below is responsible for all obligations in this Agreement.
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing
and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any
other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to
demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of
dealing between Lender and Borrower, shall constitute a waiver of any of Lender's rights or of any of Borrower's obligations as to any
future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any
instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may
be granted or withheld in the sole discretion of Lender.
Notices. Any notice required to be given under this Agreement shall be given in writing, and shall be effective when actually delivered,
when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier,
or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses
shown near the beginning of this Agreement. Any party may change its address for notices under this Agreement by giving formal written
notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Borrower
agrees to keep Lender informed at all times of Borrower's current address. Unless otherwise provided or required by law, if there is more
than one Borrower, any notice given by Lender to any Borrower is deemed to be notice given to all Borrowers.
Severability. If a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid, or unenforceable as to any
circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible,
the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so
modified, it shall be considered deleted from this Agreement. Unless otherwise required by law, the illegality, invalidity, or unenforceability
of any provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement.
Subsidiaries and Affiliates of Borrower. To the extent the context of any provisions of this Agreement makes it appropriate, including
APPLICATION AND AGREEMENT FOR IRREVOCABLE LETTER OF CREDIT
Loan No: 1-06-290 (Continued) Page 3
without limitation any representation, warranty or covenant, the word "Borrower" as used in this Agreement shall include all of Borrower's
subsidiaries and affiliates. Notwithstanding the foregoing however, under no circumstances shall this Agreement be construed to require
Lender to make any Indebtedness or other financial accommodation to any of Borrower's subsidiaries or affiliates.
Successors and Assigns. All covenants and agreements by or on behalf of Borrower contained in this Agreement or any Related
Documents shall bind Borrower's successors and assigns and shall inure to the benefit of Lender and its successors and assigns. Borrower
shall not, however, have the right to assign Borrower's rights under this Agreement or any interest therein, without the prior written
consent of Lender.
Time is of the Essence. Time is of the essence in the performance of this Agreement.
Waiver By Borrower. Borrower waives presentment, demand for payment, notice of dishonor and protest and further waives any right (if
any) to require Lender to proceed against anyone else before proceeding against Borrower.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Agreement. Unless specifically
stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms
used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise
defined in this Agreement shall have the meanings attributed to such terms in the Uniform Commercial Code. Accounting words and terms not
otherwise defined in this Agreement shall have the meanings assigned to them in accordance with generally accepted accounting principles as in
effect on the date of this Agreement:
Agreement. The word "Agreement" means this Application and Agreement for Irrevocable Letter of Credit, as this Application and
Agreement for Irrevocable Letter of Credit may be amended or modified from time to time, together with all exhibits and schedules attached
to this Application and Agreement for Irrevocable Letter of Credit from time to time.
Beneficiary. The word "Beneficiary" means CITY OF KALISPELL, and Beneficiary's successors and assigns.
Borrower. The word "Borrower" means OWL CORPORATION, and all other persons and entities signing the Agreement in whatever
capacity.
Default. The word "Default" means the Default set forth in this Agreement in the section titled "Default".
Indebtedness. The word "Indebtedness" means the indebtedness evidenced by the Note or Related Documents, including all principal and
interest together with all other indebtedness and costs and expenses for which Borrower is responsible under this Agreement or under any
of the Related Documents.
Lender. The word "Lender" means Glacier Bank, its successors and assigns.
Letter of Credit. The words "Letter of Credit" mean a letter of credit in the amount of $12,500.00 issued on 08-01-2006, by Lender on
behalf of Borrower and in favor of Beneficiary.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments,
agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
BORROWER ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS APPLICATION AND AGREEMENT FOR IRREVOCABLE LETTER
OF CREDIT AND BORROWER AGREES TO ITS TERMS. THIS APPLICATION AND AGREEMENT FOR IRREVOCABLE LETTER OF CREDIT IS
DATED AUGUST 1, 2006.
BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS APPLICATION AND AGREEMENT FOR IRREVOCABLE LETTER OF
CREDIT.
BORROWER:
OWL CORPORATION
By:
RnARK G. OWENS, Secretary/Treasurer of OWL
CORPORATION
LASER PRO L—di V- 5,32.00,003 C.p,. H.d-d Fi--W — 1997, 2�6. All Ri�hl. R ...... d. - MT D:�LASERPRO\GMCF]kLPLkC43APLOC.FC TA-26258 PR-27
JULY 17th,,2006
PROPOSED DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND EASEMENTS FOR
WEST VIEW ESTATES
This Declaration of Covenants, Conditions, Restrictions and Easements for West View
Estates (the "Declaration") is made this day of 200%-;��-�by--- the Montana
Corporation, Owl Corporation hereinafter the "Declarant"), by and through ita�Jy authorized
secretary/treasurer, Mark G. Owens.
ARTICLE I
STATEMENT AND PURPOSE AND IMPOSITION
Section I. I. Owner. The Declarant is the owner of e p Wertyi lathead County,
�cp , �, ): %,� ,
Montana, more particularly described as follows (the roj,
Lots I through 127 of the West View Estates su according to the official
Plat thereof on file and of record inr,, iaI,,,r c 4
a rds of Flathead County,
Montana.
Section 1.2. Purpose. The puillogaof Q* -1 in making this Declaration is to
create a development known as West M�W`Tkat� Property (the "Project" or "West
View Estates")
er.-ffi`—d` swd� e at
TheDeclarantfurth —tth-s-toefi�---th tractiveness of the Property, including the
*A
residences and other improvements -c6hstruc o it to prevent any future impairment of the
Property and to guard a t, th - onstfuction e Property of improvements of improper or
e c
unsuitable materials, quality or methods of construction, to protect and
enhance th"*es,Q4;,' emtles'W--the Property; to provide for the operation, administration,
OM
use and.th'd kftce ftp, common areas within the Property; to preserve, protect and enhance
16nities�� Property; and to promote the health safety and welfare of the
the yA,1 d
,ft
_5 an
Secti - 6" ' �.3. Imposition of Covenants. To accomplish the purposes indicated above, the
Declarant her6"clares that from the date of recording this Declaration forward, the Property
will constitute 41anned community known as West View Estates, and will be held, sold, and
conveyed subject to the following covenants, conditions, restrictions and easements
(collectively, these "Covenants"). These Covenants will ran with the land and will be binding
upon all persons or entities having any right, title, or interest in all or any part of the Property
(including Declarant) and their heirs, successors, and assigns, and their tenants, employees,
guests, and invitees. These Covenants will inure to the benefit of each owner of the Property.
ARTICLE 2
DEFINITIONS
The following terms, as used in this Declaration, are defined as follows:
Section 2. 1. "Annual Assessment" means the Assessment levied annually pursuant to
Section 9.3.
Section 2.2. "Architectural Review Committee " means the 40mmittee formed
pursuant to Article 6 to maintain the quality and architectural harmony of a;x& ent in West
lmpr,o
View Estates.
Section 2.3. "Articles: or "Articles of Incorporation " mear& the AftiMs of
Incorporation of the West View Estates Homeowners Association, Inc.,.,a -profit
q0tanaRon
corporation, which were filed with the Montana Secretary of Statp!f e om imuary
2006, as such Articles, may be amended from time to time.
Section 2.4. "Assessments " means the Annualio�dpticiall It Assessments
levied pursuant to Article 9 to meet the estimated cash of the West View Estates
req
Homeowners Association.
Section 2.5. "Bylaws" means the I
Association which establish the methods and
be amended from time to time.
Section 2.6. "West View
and governing West View Estates,
Incorporation and Bylaws, the -
or policies adopted under sifdh doci
all as may be amended fT e tc
that
S
the West
W> View Estates Homeowners
its operation, as such bylaws may
ients" means the basic documents creating
Dt limited to, this Declaration, the Articles of
and any other procedures, rules, regulations
�est View Estates Homeowners Association,
,'Estates Homeowners Association" means the West View
Inc., a Montana non-profit corporation, and any successor of
"West View Estates Rules" means the rules and regulations adopted by
Homeowners Association from time to time.
Section!9. "Common Area" means all of the areas shown as parks and common
areas, depicted on the Final Plat or Plats of West View Estates, records of Flathead County,
Montana and any other property in which the West View Estates Homeowners Association
owns an interest for the common use, benefit and enjoyment of the Members.
Section 2. 10. "Common Expenses" means (i) premiums for the insurance carried by
the West View Estates Homeowners Association under Article 9; (ii) all other expenses
incurred by the West View Estates Homeowners Association in administering, servicing,
2
conserving, managing, maintaining, repairing or replacing the Common Area and any
Improvements located on it; (iii) all expenses expressly declared to be Common Expenses by
the West View Estates Documents; (iv) all expenses lawfully determined to be Common
Expenses by the Board of Directors; and (v) all expenses to be allocated among the Owners as
provided in Article 9.
Section 2.11. "Declarant" means Owl Corporation, or its successors or assigns,
including any successor Declarant.
Section 2.12. "Default Assessment" means any Assessment
Estates Homeowners Association pursuant to Section 9.5 below.
Section 2.13. "Design Guidelines" means the guidelines and
amended and supplemented from time to time by the Architectural RT09
Section 2.14. "Declaration Rights " is defined in Section
Section 2.15. "Expansion Property" means si
or in the future acquired by Declarant (including any
make subject to the provisions of this Declaration, by
Section 2.16. "Improvement(s) " mea
fences, walls, hedges, plantings, lighting, pol
signs, changes in any exterior color or M -
without limitation, grading, road conAffli
planting, and any new exterior c-o,,,,,, ctior
included in the foregoing. "Improem,,)-
v 4 (s)"
d -'R-Woes-hot---�
replacement of a magnitu
"Improvement(s)" does ine'lude R oria
West View
pubr and
perty now owned
as Declarant may
)n of Annexation.
all buil% gs,'I)arking areas, loading areas,
Vrivewaye", roads, ponds, lakes, trails, gates,
'k�6atioY�d all other site work, including,
uii] improvements, removal of trees or
Iexterior improvement which may not be
.6s not include turf, shrub, or tree repair or
Lnge exterior colors or exterior appearances.
_�mprovements and all later changes and
S e ct 1 o n. 2. 171 PY/*',A
o t a parcel of land designated as a lot on any Plat of the
100
Property-,;�—
'41W., VVI
"' - `-S 'M
tion-f 18. ai nance Fund" means the ftmd created by Assessments and fees
"I`�' Z,I
levied puh� to Article 9 below to provide the West View Estates Homeowners Association
with the fundkt�qy#pd to carry out its duties under this Declaration.
Section/2 . 19. "Member" means any person or entity holding membership in the West
View Estates Homeowners Association.
Section 2.20. "Owner" means the owner of record (including Declarant, and including
the most recent contract purchaser, but excluding all contract sellers) whether one or more
persons or entities, of fee simple title to any Lot or, if the Lot is subject to one or more
contracts for deed, the owner of the purchaser's interest in the most recent contract for deed,
but "Owner" does not mean or refer to any person or entity wh6 holds such interest merely as
3
security for the performance of a debt or other obligation, including a mortgage or trust
indenture, unless and until such person or entity has acquired fee simple title pursuant to
foreclosure or other proceedings.
Section2.21. "Period ofDeclarant Control" means the period beginning on the date
this Declaration is first recorded in the office of the Clerk and Recorder of Flathead County,
Montana and ending on the date which is 20 years later. The Declarant at anytime may
tertninate his period of control by written notice to the Board of Directors.
Section 2.22. "Person" (whether or not in capitalized form) mean tural person, a
corporation, a partnership, a limited liability company, an association, a trust 0." ,,. other entity
or combination of the foregoing. ff
Section 2.23. "Plat" means any survey or surveys of all I fo-perty,
Par tVh
e
Pr
together with such other diagrammatic plans and inf Pas may be
ormation reg Pr
required by applicable law, or as may be included in the discr as each such
survey may be amended and supplemented from time to timW9 ded in the office
an
of the Clerk and Recorder of Flathead County, Montana.
Section 2.24. "Property" means and includes the 15ii cribed in Section I -I and
initially subjected to this Declaration, and also ref ad,4
�pniil real property that may be
incorporated in the Project from time to time and made ect ro these Covenants pursuant to
the provisions of this Declaration.
Section 2.25. "Special Asse --n rn� s KIRssessment levied pursuant to Section
9.4.
Section 2.26. "
is defined as set forth in Section 11. 1 below.
Section 2.27. "Suc6i or Dec4rant" iogns any party or entity to whom Declarant
assigns any or all of J.t:� -_ghtQVbligafi&1s or in est as Declarant, as pennitted by Section 17.7
and evidenced -by aff�`hgsignmefi_f` r—deed of record in the office of the Clerk and Recorder of
Zz"
Flathea" Mofit 4, designating such party as a Successor Declarant, signed by the
� 7
tran�fiib)r and tht transf &-ri-6- —Upon such recording, Declarant's rights and obligations under
the/D5661ftatioa; ill cease L terminate to the extent provided in such document, and all such
rights an&b ligations shall be transferred to and assumed by the Successor Declarant to the
extent -Drovidgtin such document.
ARTICLE 3
EXPANSION AND PLAT
Section 3. 1. Development Rights. Declarant reserves the right to exercise all
Development Rights in connection with the West View Estates subdivision in accordance with
Article 11 below.
1H
Section 3.2. Declaration ofBoundaries. The boundaries of each Lot are delineated
on the Plat, and each Lot is identified by the number noted on the Plat.
Section 3.3. Plat. The Plat will be filed for record in the office of the Clerk and
Recorder of Flathead County, Montana. The Plat may be filed as a whole or as a series of Plats
from time to time.
ARTICLE 4
ASSOCIATION MEM13ERSHIP AND VOTING RIG
Section 4. 1. Membership. Every Owner, by virtue of being an Qyo�& and for so
long as he is an Owner, will be a Member of the West View Estates Homeqwwner:�W§sociation.
Wt. No
Membership will be appurtenant to and may not be separated from ownersmp of an�'
Owner, whether one or more persons, will have more than one memb-ep ot ow d, but
Np ft,,L
all of the persons owning each Lot will be entitled to rights of m—efifibifshiri-AMM use and
enjoyment appurtenant to such ownership. The Declarant shall ]��p&sideied an Owner and
shall be a Member of the West View Estates Homeowners -Assaef4tion wi#1 all of the same
privileges of the other Owners and Members. For purpos-qg%f�asses§ e Declarant shall
be exempt from all forms of assessments imposed pursuant
4�#Wlaration.
Section 4.2. Transfer of Membership. A-A`0W`-"-n--'r-maW t"transfer, pledge or alienate
'-Msoci4tion in any way except upon
his membership in the West View Estates Honfeo-vvner
:&the sale or encumbrance of his Lot, and then onl the pur§haser or Mortgagee of his Lot.
Section 4.3. Classes of Me '56- The7 West View Estates Homeowners
m ers 'p&,
Association will have one class o me ership, composed of all Owners, including
Declarant, except that the Decl ave ch additional rights and responsibilities as
expressly provided in this De -
Section 4.4. VWinkffights. MI Membi s shall be entitled to one vote on the West
View Estates Homeq-Nvyr�ie�rs matters � on the basis of one vote for each Lot owned.
Associ
ointment of Officers and Directors by Declarant. Until the
of tWPerio&- clarant Control, Declarant will retain the exclusive powers to
M �6v--
move and rei)ldibe Directors and officers of the West View Estates Homeowners
ARTICLE 5
POWERS AND DUTIES OF WEST VIEW
Section 5. 1. West View Homeowners Association Management Duties. Subject to the
rights and obligations of Declarant as set forth in this Declaration, the West View Estates
Homeowners Association will be responsible for the administration and operation of the West
View Estates. The Board of Directors will exercise for the West View Estates Homeowners
Association all power, duties and authority vested in or obligated to be taken by the West View
5
Estates Homeowners Association and not reserved to Declarant or the other members by this
Declaration, or by other applicable law.
Section 5.2. Common Area.
5.2. 1. Conveyance by Declarant. On or before the expiration of the period of
Declarant control, Declarant will convey to the West View Estates Homeowners Association,
by written instrument recorded with the Clerk and Recorder of Flathead County, Montana, the
Common Area located on the Property.
5.2.2. Use of Common Area. The Common Area generally--i9ft§ignated by
this Declaration for the common use, benefit and enjoyment of the Owners��6�d'Affi-e�e` f, ilies,
jr,- am
tenants, employees, guests and invitees.
M.
5.2.3. West View Estates Homeowners Assoc Res-- fi- ib *1'
P'007 z ity for
Common Area. The West View Estates Homeowners Associati-�;
o the rights and
obligations of the Owners set forth in this Declaration, will res 1
e management,
maintenance and control of the Common Area.
5.2.4. Association's Agreements Rq
Estates Homeowners Association, acting throug4-I
right-of-way, leases, licenses and concessions tbrou
independent approval by the Owner. Without h4241tir
View Estates Homeowners Association mgWaM
4
the Project or property adjacent to theIPtVJe6t-;` to
to the Project for the purpose of accoffimodatin..,,-
or other purposes that do not unredg ly in6
Common Area by the Owner�
Section 5.3.
by 1416vt View
mon Area. The West View
�q a
'o'
aN ot;,! rUors, may grant easements,
e Common Area without the
the generality of the foregoing, the West
to suppliers of utilities serving
6velopers or owners of property adjacent
r encroachments onto the Common Area
-e with the use and enjoyment of the
Homeowners Association.
'�Xommittei 'The West View Estates Homeowners Association may
�5.3. U,
delegate�Fanyftfts iigft es or responsibilities to any committee or other entity (in addition
to tkq- tec,-- Revidi�%tdmmittee) that the Board may choose to form.
Limitation. Any delegation by the Board under this Section is subject to
complianc Bylaws and the requirement that the Board, when so delegating, will not
be relieved onsibilities under the West View Estates Documents.
Section 5.4. Books and Records. The West View Estates Homeowners Association
will make available for inspection by Owners and Mortgagees, upon request, during normal
business hours or under other reasonable circumstances, current copies of the West View
Estates Documents, and the books, records, and financial statements of the West View Estates
Homeowners Association prepared pursuant to the Bylaws.
M
Section 5.5. Successor to Declarant. The West View Estates Homeowners
Association will succeed to all of the rights, duties and responsibilities of the Declarant under
this Declaration upon termination of the Period of Declarant Control.
ARTCLE6
ARCHITECTURAL REVIEW COMMITTEE
Section 6. 1. Committee. There is hereby established an Architectural Review
Committee, which will be responsible for the review and approvak f all proposed
Improvements on the Lots. 0%�
Section 6.2. Committee Membership. The Committee will be com—pos6k.6f, three or
more persons, all of the members of the Committee will be appointed, rembyed, andl-iolaced
by Declarant, in its sole discretion, until the expiration of the Period -of D�Warant Q trol or
such earlier time as Declarant may elect to voluntarily waive this-Ko MI not the West
View Estates Homeowners Association, and at that time the Board�'pfbirect drs, will succeed to
Declarant's right to appoint, remove, or replace the members of thjlg�
Section 6.3. Purpose and General Authority.
placed, reconstructed, replaced, repaired or otherwise a]
or reconstruction be commenced until plans for 11000,
Committee; provided, however, that Improverne s thal
be undertaken without such approval. The 0 F' er sl
showing the design, location, material, culor�and"
the Architectural Review Commi'tteq�'
accordance with approved plans. K
,pprovements will be erected,
)r I anv construction. reDair
Eq, ,,�fiave been approved by the
piletely within a building may
nit a site plan and elevations
of proposed Improvements to
will be constructed only in
c
an
Section 6.4. Desig-n,AMM"I'
gyzes. chitectural Review Committee may publish
Design Guidelines which se� tN ce, d criteria for review of Improvements to be
constructed on any Lot,.and3or reviemk�of lan*ing plans. Failure to follow procedures or
ft
criteria set forth in th d Des
elffirr&ftublishe' & Guidelines shall form an adequate basis for
rejection of..'Ap,,,sub,�Iij*�'tpd site�W r and elevations; provided, however, that this requirement
shall no '011stru
c preventing the Declarant or the Architectural Review Committee, at
their on, waivi ending the Design Guidelines at any time or with respect to
-t* ailure to-,� ollow such procedures or criteria set forth in the Design Guidelines
an ap iogr
shall als -.-deemed a breach of this Declaration by such Owner and shall entitle the
Association "bKthe Architectural Review Committee to exercise and pursue the rights and
remedies provi' erein with respect to such breach.
Section 6.5. Failure to Act. In the event the Architectural Review Committee fails to
approve or disapprove such design, location, material, color and exterior finish within thirty
days after the detailed site plan and elevations have been submitted to it, approval shall not be
required and such Owner shall be deemed in compliance with this Article. Any plans,
elevations and proposals so approved, either expressly in writing or by the expiration of the
thirty day period herein above provided, shall then permit the Owner to commence construction
in accordance with said plans and elevations, but any deviation from said plans and elevations
7
which in the judgment of said Architectural Review Committee is a substantial detriment to the
appearance of the structure or of the surrounding area shall be corrected to conform with the
plans and elevations as submitted.
Section 6.6. Committee Discretion. The Corrunittee will exercise its best judgment to
see that all Improvements conform and harmonize with any existing structures as to external
design, quality and type of construction, materials, color, location on the Lot, height, grade and
finished ground elevation, and the schemes and aesthetic considerations set forth in the Design
Guidelines and the other West View Estates Documents. The Committee, iltits sole discretion,
may excuse compliance with such requirements as are not necessary or approMate in specific
situations and may pen -nit compliance with different or alternative requiremenj
Section 6.7. Binding Effect. The actions of the Committee in Ae exeifflik- f its
discretion by its approval or disapproval of plans and other information-subiffitted to it -or with
respect to any other matter before it, will be conclusive and bindin&.. XMI-7ihte—r-, ies.
Section 6.8. Organization and Operation of CommitUe. U�6�' a
6.8.1. Term. The term of Office o each- m er of the Committee will
be one year, commencing January I of each year, and contififfij until his successor shall have
6
been appointed. Should a Conunittee member or-becorhe incapacitated, or in the
event of a temporary absence of a member, a'��successbf�, be appointed as provided in
Section 6.2.
'�C§ Dee ar
6.8.2. Chairman- S--_40 I ant appoints the Committee,
...ng
Declarant will appoint the chairman 4M such t1A as'the Committee is appointed by the Board
of Directors, the chairman will be electM-annuatIr from among the members of the Committee
�a_ -sen
by a majority vote of the rnrAa��__Jn f 6`4 ce of a chairman, the party responsible for
. '�Maw
appointing or electing the phairman-�may zippoint.-or elect a successor, or if the absence is
temporary, an interim
1 W_;4�" 0 ons. The Committee chairman will take charge of and
conduct�a'lt s ill provide for reasonable notice to each member of the Committee
prioDA&any In ng. T Aice will set forth the time and place of the meeting, and notice
ma'� any me er.
Voting. The affirmative vote of a majority of the members of the
Committee wilr rn its actions and be the act of the Committee.
Section 6.9. Other Requirements, Compliance with the West View Estates
architectural review process is not a substitute for compliance with City of Kalispell building,
zoning and subdivision regulations, and each Owner is responsible for obtaining all approvals,
licenses, and permits as may be required prior to commencing construction.
Section 6. 10. Enforcement.
6.10.1. Inspection. Any member or authorized consultant of the
Architectural Review Committee, or any authorized officer, Director, employee or agent of the
West View Estates Homeowners Association may enter upon any Lot at any reasonable time
after notice to the Owner, without being deemed guilty of trespass, in order to inspect
Improvements constructed or under construction on the Lot to determine whether the
Improvements have been or are being build in compliance with West View Estates documents
and the plans and specifications approved by the Architectural Review Committee.
6.10.2. Deemed Nuisances. Every violation of these Co)A§Ws is hereby
declared to be and to constitute a nuisance, and every public or private rem a or such
violation bylaw or equity against Member will be applicable. Withouth ality
of the foregoing, these Covenants may be enforced as provided below,,,,,,,,,,
(i) Fines for Violations. The Commitfee Aay adopt a schedule of
fines for failure to abide by the C minitfi le§' d the Design
pp ru _�� an
Guidelines, including fines for fl ?eIT6 obtildi��_-��_��required approval
.2 X�6�
from the Committee. & - _�OZ�
el —I
(ii) Removal of Nonqpydhift Imff e t The West View
*p men s
Estates Homeowners Assirc . ti nir'n'-1 upon request of the Comniittee
and after reasonable timi-%after notice to the Owner, without being
deemed guilty (:�f- qgas.,�Mq e any Improvement constructed,
ie_2i§�8ddT or maintained in violation of these
reconstructed,
Covenants. e Improvement will immediately reimburse
s 'omeowners Association for all expenses
the West 1
inGurred:---�i iined bb' ith such removal. If the Owner fails to
reimbOse th��Vest ViiW Estates Homeowners Association within 30
K4
d s tft the W�est Vi6fFtstates Homeowners Association gives the
V iTr, -
?;Ineftbtice of -the expenses, the sum owed to the West View Estates
Association will bear interest at the maximum rate
Nomeowners'
itted under Montana law from the date the expense was incurred by
View Estates Homeowners Association through the date of
rei s ent in full, and all such sums and interest will be a Default
Assessment enforceable as provided in Article 9.
211-
Sectici, "., 1. Continuity of Construction. All improvements commenced on
t
OK
the Property - il be prosecuted diligently to completion. If an Improvement is commenced and
construction is then abandoned for more than ninety days, or if construction is not completed
within the required twelve-month period described below in Section 7.4, then after notice and
opportunity for hearing as provided in the Bylaws, the West View Estates Homeowners
Association may impose a fine of not more than $50.00 per day to be charged against the
Owner of the Lot until construction is resumed, or the Improvements are completed, as
applicable.
Z
I W I&IJ W owl Ikkkbbbb a ra I
Section 7. 1. General Restriction. The Property will be used only for the purposes set
forth in these Covenants, as permitted by the applicable regulations of the City of Kalispell, and
the laws of the State of Montana and the United States, and as set forth in the West View
Estates Documents or other specific recorded covenants affecting all or any part of the
Property.
Section 7.2. Single -Family Residence. Upon obtaining the approval of the
Architectural Review Committee, one single-family residence may be built on each Lot.
Construction of the residence must be started within twelve months of closing. Unless
otherwise provided for by the Declarant.
Section 7.3. Further Suhdivision. Other than Lots owned by the Declarant, no Lot
shall be further subdivided.
Section 7.4. Temporary Buildings, Square Footage, etc. No temporary building,
shack, tent, house trailer, mobile home or modular structure shall be located on any Lot. All
construction, including landscaping, must be completed within twelve months from the
commencement of construction. All residences mustbe of new construction, built on -site, and
shall contain no less than 1,800 square feet of living space, exclusive of garages, decks, porches
or basements. All two -level residences must contain no less than 1,300 square feet of living
space on the first level, exclusive of attached garages, basements, decks, and porches, but not
less than a total of 1,800 square feet. All residences must have an attached garage of at least
24' x 26' unless otherwise approved by the Architectural Review Committee.
Section 7.5. Roofssiding and Colors. It is expected that all elevations will
not only take advantage of the view from within the residence, but will provide pleasant views
form all surrounding areas. All side and rear elevations are expected to be articulated to break
up the fagade into smaller elements, as well as adding the richness of shade and shadow. Large
blank walls will not be allowed. Failure to provide adequate articulation and richness may be
grounds for rejection of the design by the Committee.
Roof Shape and Character is important to avoid vertical monotony. Slopes of 6/12 or greater
are to be considered for dominant roof elements and gable ends. Gentler roof pitches can be
integrated for background and less conspicuous connections. Alternative configurations may
also be considered to balcony roofs and dormers of all sizes as these contribute to the human
scale. This is encouraged to provide a texture and an apparent reduction of the built mass. All
overhangs and projections shall be a minimum of 18" with 24" preferred.
The Committee strongly recommends that sloping roofs be designed as sheltering and shading
elements, normally with broad overhangs and strong shadow lines. Thin edges or thin fascias
should be avoided. Sloped roof materials should be textural with very dark or deep color tones.
Roof surfaces must be non -reflective and, in the opinion of the Committee, not visually
objectionable from neighboring properties and roads.
The composition of roof forms should be carefully considered. No continuous ridgelines
should exceed 40 feet, Changing the ridge direction, offsets or major roof projections should
be used to break ridgelines. To avoid a thin veneer look, 2-inch by 12-inch nominal wood
minimum dimension fascia boards are required. Normal 2 inch roof rafters should not be
exposed.
The placement of the various pipes and vents that penetrate the roof should be considered.
Combine them in the attic space and project through roof in a common enclosed stack when
possible. Where it is practical, place stacks on the roof away from the side of greatest
visibility. All roof vents are to be colored to match the dominant roofing material.
Colors
I . Non -reflective materials are to be used, including non-reffecting gJazing.
2. Color selections shall range from white or off-white to weathered driftwood (a
very light gray) through to light brown, green or related tones. The use of blue
may be allowed in certain shades.
3. Materials for roofs may be sculpted architectural asphalt,,, flat concrete or fiber -
cement tile, slate or other cut stone only. Metal roofs are not permitted.
4. Materials for walls may be stained wood or wood, painted fiber -cement lap siding
and stone. Colored stucco may be incorporated for very small area as an accent
only. Stucco colors are to be deeply toned rich warm grays, greens and browns;
light or soft reflective tones are not acceptable.
Section 7.6. Landscaping, Drainage, Grading and Irrigation. hmnediately after
construction, all disturbed ground must be landscaped. All lots must have underground
irrigation systems. Residences should be designed to fit the existing topography of the property
without excessive manipulation of the site by cut or fill. Changes in the natural grade by
cutting or filling for structures, walks and driveways must be kept to a minimum to preserve the
existing landform. Owners shall be responsible for irrigation, maintenance and upkeep of all
Boulevards that are adjacent to their property. Lots that butt against the perimeter wall shall be
responsible for the irrigation, maintenance and upkeep of the area between the wall and their
property line. When Lot owners build and install their irrigation system in the wall area it will
be their responsibility to insure that the main irrigation line installed by the developer is left
intact and working. Owner will be responsible for any damage that they may cause to the
exterior perimeter wall.
General siting and grading principles are as follows:
I The finish grade around the residence and any site walls should remain as close
as possible to the original natural grade.
2. Grading may be done outside the landscaping for driveway access and site
drainage.
3. Screen walls, walls not supporting a building structure or retaining earth, may
not exceed five (5) feet in height measured from finish grade along the exterior
side of the enclosure.
11
A landscaping plan for each building Lot shall be submitted to the Architectural Review
Committee for approval. Landscaping of the entire lot shall be complete within 90 days of
occupancy or unless otherwise approved by the Architectural Review Committee in writing.
in the event that soil must be imported or exported from the property, the property owner will
be responsible for this cost. Import soils scheduled for use as landscape topsoil may be subject
to an agricultural soil analysis at the discretion of the Architectural Review Cominittee.
The following building Lot landscape design criteria are provided to enhan p the definition of
each home site. The primary goal is to protect and maximize individVW*operty values
through the implementation of a generous landscape design. These criteria nT -followed to
successfully receive the approvals required by the Architectural Review Comm-ift
Drainage of individual properties must work with the existing ;to IWA d b � direct d
) W v
e
c
toward the natural open space or drainage swale systems, develo con with the
roadways.
The Front Yard/Streetscape Zone is the area nearest to tlf ghbffliMNireet and includes
boulevard area to the back of curb and is normally at theIrmikeCtIle property. On comer lots
this zone also extends down the side of the property pdhM to te street. The landscape
requirements for the front yard are:
• Minimum two (2) Neighborhood Shade Tites (2" rriMimum, caliper) per lot.
• Minimum one (1) Ornamental Ac x
gm,
• Lawn area to be sodded with undi ystems.
The Side/Rear Yard includes the
another lot or the street. The I
• Minimum two
• Minimum one
yard area and "backyard" area adjacent to
s are:
Shade-T s (2" minimum, caliper) per lot.
�cent Tfee per lot.
-rground irrigation systems.
12
The following is a list of acceptable trees.
Nei2hborhood Shade / Street Trees
Emerald Queen Maple
Northwood Red Maple
Royal Red Maple
Green Mountain Sugar Maple
Ohio Buckeye
C(
Ai
Pa
Su
im
Rc
GI
Gr
Ornamental Accent Trees
Concolor Fir
Amur Maple Multi -stem & Single -stem
Paper Birch Single -stem
Toba Hawthorn
Russian Olive
13
The following is a list of acceptable shrubs.
Deciduous Shrubs
Apple Serviceberry
Saskaton Sevicebeny
Glossy Black Chokecherry
Ruby Carousel Barberry
Sparkle Japanese Barberry
Globe Caragana
Bailey Red Twigged Dogwood
Isanti Dogwood
Pagoda Dogwood
Meadowlark Forsythia
Hydrangea PeeGee
Clavey's Dwarf Honeysuckle
Dart's Gold Ninebark
Gold Drop Bush Cinquefoil
Jackman Bush Cinquefoil
Primrose Beauty Bush Cinquefoil
Western Sand Cherry
Nanking Cherry
Canada Red Cbokecherry
Three Leafed Sumac
Alpine Currant
Austnan Copper Shrub Rose
Cuthbert Grant Shrub Rose
Hansa Shrub Rose
Henry Kelsey Rose
Magnifica Shrub Rose
White Meidland Shrub Rose
Nearly Wild Shrub Rose
Sir Thomas Lipto Shrub Rose
Woodsii Rose
Buffaloberry
Anthony Waterer Spirea
Froebel Spirea
Goldmound Spirea
Snowmound Spirea
Chinese Lilac
Donald Wyman Lilac A11
Dwarf European CranberryQ3, h
-1 - - urft�:��
Common Snowb`A-1--V,*bcr6`�`--i -
Gold Coast I-V'-n'jp
Sea Green JuniMer'-
Youngstown An& n
Prince of Wales Jurdpj%�`
Broadmoor Juniper
Pepin Savin Juniper,
Cologreen Juniper
Skyrocket Juniper
Dwarf Albert Spruce
Dense Spreading Yew
Pygmy Globe Arborvitae
Techny Globe Arborvitae
Princess Diana Serviceberry
Regent Serviceberry
Japanese Red Leaf Barberry
Burgundy Carousel barberry
Siberian Peashrub
European Variegated Dogwood
Colorado Red Osier Dogwood
Hedge Peking Colonester
Gray Dogwood
Northern Sun Forsythia
Cheyenne Privet (for hedges)
Golden Mockorange
Abbotswood Bush Cinquefoil
Goldfinger Bush Cinquefoil
Katherine Dykes Bush Cinquefoil
Tangerine Bush Cinquefoil
Purple Leaf Sand Cherry
Double Flowering Plum
Smooth Sumac
Staghorn Sumac
Dwarf Alpine Currant
Bonica Shrub Rose
FJ Grootendorst Shrub Rose
Harrison Yellow Shrub
JP Connell
Martin Frobisher Shrub k6se
Morden Centennial S
Prairie Joy Sh
Theresa Bu
Ural Fals
Dwarf Red
Lilac
UQ70ff'Mayfiring Tree Virbumurn
Alfredo Compact Americana Cranberry
Pfitzer Juniper
Repanda Juniper
Hughes Juniper
Wiltoni Blue Rug Juniper
Buffalo Juniper
Scandia Juniper
Wichita Blue Juniper
Oregon Grape
Mugo Pine
Nigra. Yew
Little Giant Arborvitae
Woodward Globe Arborvitae
Allegheny Serviceberry
Sandblow Serviceberry
Crimson Pygmy Barberry
Rose Glow Japanese Barberry
Pygmy Caragana
Mottled Dogwood
Yellow Twigged Dogwood
Cranberry Coto ter
Dwarf Wing , , � us
Annabelle Hydran
Arnold's Red Ho
Minnesota Sno ake
Coronation ph Bu h
Goldstar Bush 4'quefoil
VA
'Cutleif-S Sumac
Ad , 6 laide Hoodless Rose
ChffiQjon Shrub Rose
Golde Wings Shrub Rose
ZeAry Hudson
s Munk Rose
Scarlet Meidland Shrub Rose
Morden Fireglow Shrub Rose
Persian Yellow Shrub Rose
William Baffin Rose
Dwarf Blue Arctic Willow
Dwarf Garland Spirea.
Crisp Leaf Spirea
Grefsheim Spirea
Norman Spirea
Indian current Coralberry
Miss Kim Lilac
Nannyberry Viburnum
Compact European Cranberry Bush
Bailey Compact American Cranberry
Gold Tip Pfitzer Juniper
Blue Chip Juniper
Icee Blue Juniper
Arcadia Juniper
Calgary Carpet Juniper
Tamarix Juniper
Blue Star Juniper
Birds Nest Spruce
Shrubby Swiss Mountain Pine
Emerald Arborvitae
Pyramidal Arborvitae
14
Landscape areas that require irrigation should conform to the following:
Buried PVC sprinkler system or the utilization of drip irrigation systems;
Sprinklers and nozzles selected to provide water to the landscape that are compatible
with their respective soils, slopes, exposure, orientation and plant types;
Utilization of an automatic control system; and
No overthrowing of irrigation water onto public roadways, sidewalks, neighboring
homes, or trails is permitted.
Section 7.7. Storage Vehicles, etc. All automobile, trailers and 66g6korage shall be
within the side property setback and the garage. Fencing and/or heavy landscoiWare required
4? _ ,, 2'.
to soften this impact and must be approved by the Architectural Review Co e., No
vehicle, boat or trailer shall be allowed to park overnight in the right of way��
Section 7.8. Signs. Other than signs advertising Lots or r.6 &&bs f6 lor rent, no
sign, billboard or advertising structure of any kind shall be erectc#, ug�d orpriaintained on the
Property. Signs shall be no larger than 24" square.
Section 7.9. Driveways. All driveways shall bermcret&ftom the street to road to the
garage. Only one driveway entrance off the street wilF peri*tted for each lot unless
otherwise approved by the Architectural Revie e:-,,,j
,,,#�'owners are responsible to
provide 6" concrete thru the sidewalk sections.
Section 7. 10. Comm
trade or commercial activity may be
by City ordinance and which do n(
Notwithstanding the foregoing, no
or person care facility on the#V1
�4W,Ofofession, business, manufacturing,
iVt6t except home occupations as defined
increase traffic within West View Estates.
-rate any daycare, pre-school or other child
Section 7.11. �U-Maintenahce. All-Amprovements located on any Lot shall be
maintained in the siRT �Cond'��pp-ri,,gs..4 the tirAe of initial construction, normal wear and tear
excepted. At.. pr',,�4Apents preserved and of a pleasant appearance by maintaining
paint, qd §641er as-'- A� eeded. If any improvement or landscaping is damaged or destroyed,
the Owner shdIFprompi1"',6build, repair and restore the structure to its appearance and
coditrin T�norA6 the casuafty. Reconstruction or repair shall be completed within nine months
of any casualty that damaged or destroyed the improvement or landscaping
Secti6ii= Fences, Gates and Screening. All fences, gates and screening
shall be tan vinyl and a maximum of five feet in height and can extend from the rear property
comer to within five feet of the face of the residence or garage. A fence of a maximum of 3
feet in height can continue to the front property comer. All rear property line fences shall be a
maximum of five feet in height. Consideration as to the storage of parking of vehicles, trailers
and boats is essential. Exterior lots that butt up to the perimeter wall shall be allowed to extend
their fences to the perimeter wall. Any fence extended to the perimeter wall will not be
allowed to have any higher elevation than that of the normal fence when measured from the
average ground elevation of the lot. All above -ground garbage and trash containers,
15
mechanical equipment, and other outdoor maintenance and service facilities must be
completely screened from adjacent lots, streets, or common spaces by tan vinyl walls, fences
and gates, at least one (1) foot higher than the equipment, but not to exceed five feet in height.
The Declarant reserves the right to change the standards for fences.
Section 7.13. Utilities and Lighting. All utilities shall be buried underground.
There shall be no exterior antennas except for small satellite dishes, which shall be unobtrusive.
Exterior lighting shall not be directed at neighboring Lots or impair the neighbors' use or
enjoyment of their Lots. 'A.
Section 7.14. Pets.
7.14.1 Dog runs and animal pens must be enclosed ad approV9,-,fty the
0�& .4
Architectural Review Committee. To protect birds and wildlife,,-& tl!-
st be
accompanied and on a leash at all times and will be expected tj-�be'Y-�-p--*an J�er when
outside the lot. Plastic baggies work well, but cannot be put ir
.S 40-
7.14.1. No Owner shall have or keefanY1-dogV,',-,1- s or whines on
regular or continuous basis, or which otherwise creates
disturbance for any other
Owner.
Section 7.15. Nuisances. No nulious orldflensi'�e activity shall be carried out
upon any lot, nor shall anything be done therejoach is which may become an annoyance
-,49
or nuisance to other Owners.
-2-
Section 7.16. Lands -4 1 . ance and Irrigation. All yards and
lowed to become unsightly. Lawns shall be
landscaping shall be maintained and S-' �
ing noxious weeds, shall be eradicated or
d
mowed on a regular basise�"
controlled and all Owners sli I full I
X-A Jjate and local law regarding the control and
eradication of noxious ).yeedk Undev ped ust be mowed at least twice each year and
pm- hrmings o
may not be ed as a daill f, - r grass clippings.
�/Z f7. Garbage. No Lot shall be used or maintained as a dump site or
stora,"
0 r rubbF h, garbage, junk vehicles, equipment or other waste. All
gat a d� o waste shall be removed as reasonably necessary.
Se .18. City Imposed Restrictions. All conditions or restrictions imposed
by the Cit o ispell or the State of Montana during the subdivision process are hereby
incorporate b eference.
16
ARTICLE 8
OWNER'S OBLIGATIONS FOR MAINTENANCE
Section 8. 1. Owner's Responsibility for Lot. All maintenance of a Lot and the
Improvements located on it will be the sole responsibility of the Owner of the Lot. The West
View Estates Homeowners Association will, in the discretion of the Board, assume the
maintenance responsibilities of such Owner, if, in the opinion of the Board, the level and
quality of maintenance being provided by such Owner is not satisfactory. Before assuming the
maintenance responsibilities, the Board will notify the Owner in writing of ts intention to do
so, and if the Owner has not commenced and diligently pursued remediala& #!>within 30 days
after the mailing of such written notice, then the West View Estates Homeowfid�-Association
will proceed. The expenses of the maintenance by the Board will be reimbbrse&�,the West
View Estates Homeowners Association by the Owner within 30 days after the W&V�View
Estates Homeowners Association notifies the Owner of the amo ue not
m
reimbursed within that 30 day period will bear interest at the rat der
f
Montana law from the date of the expenditure until payment in
Section 8.2. Owner's Negligence. If the need fQT,1ffXT'ntenaW Wffiair or replacement
p
of any portion of the Common Area (including Improver6ents. ed on it) arises because of
the negligent or willful act or omission of an Owner or RfflMfknil � ember, guest, invitee or
tenant, then the expenses incurred by the West Vit-W t4tes H06owners Association for the
maintenance, repair or replacement will be a peA��onal oblijatioff of that Owner. If the Owner
'ji
4ew Estates Homeowners Association within
fails to repay the expenses incurred by the West'
30 days after the notice to the Owner,_44he, 4 ed, then those expenses will bear
interest at the maximum rate permitte�q ffid&�Mopt orn the date of the advance by the
West View Estates Homeowners Assafttion -Tayment by the responsible Owner is paid in
full.
AW"_ag 9
WNSESMNTS
P
A-,' �P
Section 9.14.�Q�reation ien and Personal Obligation for Assessments. Except as
otherwis-o"'i byqft Declaration, Declarant, for each Lot owned within the Property,
hereby- ovenanik- d -9&MOwner of any Lot, by accepting a deed for a Lot, is deemed to
Aest View Estates Homeowners Association (1) the Annual
covenan.W9 p, y to the
Assessindif-k4mposed by the Board of Directors as necessary to generally carry out the
functions of-li&-
View Estates Homeowners Association; (2) Special Assessments for
capital improvements and other purposes as stated in this Declaration; and (3) Default
Assessments which may be assessed against a Lot pursuant to the West View Estates
Documents for the Owner's failure to perform an obligation under the West View Estates
Documents or because the West View Estates Homeowners Association has incurred an
expense on behalf of or caused by the Owner under the West View Estates Documents.
Notwithstanding the ownership of any Lot, the Declarant shall not be obligated to pay
any of the Assessments described in this Declaration.
17
All Assessments, together with fines, interest, costs, and reasonable attorney's (and
legal assistants') fees will be a charge on the land and will be a continuing lien upon the Lot
against which each such Assessment is made until paid.
Each Assessment, together with fines, interest, costs, and reasonable attorney's fees
and costs, will also be the personal and individual obligation of the Owner of such Lot as of the
time the Assessment falls due, and two or more Owners of a Lot will be jointly and severally
liable for such obligations. No Owner may exempt himself from liability for any Assessments
by abandonment of his Lot or by waiver of the use or enjoyment of the Cor&non Area. Suit to
recover a money judgment for unpaid Assessment and related charges as4i� ove may be
maintained without foreclosing or waiving the Assessment lien provided in this� ation.
Section 9.2. Purpose of Assessments. The Assessments levied %y the )ff6tNiew
Estates Homeowners Association will be used exclusivel to pro t the�%e'creatioii,%ealth,
y
e w pst *a
safety and welfare of the Owners and occupants of the West Vi �j/
Section 9.3. Annual Assessments.
9.3.1. Calculation ofAnnual Assekgmients�The Board of Directors will
prepare a budget before the close of each fiscal year of t1hei- West View Estates Homeowners
11 peft
,0
21 owl h e, vased upon the estimated net
Association. Annual Assessments for Common 'n I _'*11 -I
t ! H? wn&r's Association to cover items
r- 0
cash flow requirements of The West View %te,
including, without limitation, the cost of routfilk mamte,-;nce, repair and operation of the
Common Area; and premiums for Misur4qq"QY`- 'eemed desirable or necessary by the
_0
West View Estates Homeowners Associatioft"_I� . oval, landscaping, care of grounds and
common lighting within the Co "!� �� a- Aitine renovations within the Common Area;
Imn
wages; common water and utility &EMsjor tl* Common Area; legal and accounting fees;
expenses and liabilities incurred%fte WdAMew Estates Homeowners Association under or
by reason of this Declaratip 7�27
payni of ft-deficit remaining from a previous Assessment
period; and the supplementio of the reserve r general, routine maintenance, repairs and
replacement of improYO Co ea on a periodic bases, as needed.
a ction. Annual Assessments will be collected in periodic
01 /1,11141-
inst 1111
sents as ' e BoaiiQmay deterniine from time to time; but -until the Board directs
oth rwi he,.,-' ill be paydble annually in advance on the date determined by the Board. The
, ��% I �
omission ilure of the West View Estates Homeowners Association to fix the Annual
-_ , d ill not be deemed a waiver, modification or release of the Owners from
Assessment
their oblig ioif the same.
Section 9.4 Special Assessments.
9.4. 1. Determination by Board. The Board of Directors may levy, in any fiscal
year, one or more Special Assessments, applicable to that year only, for the purpose of
defraying, in whole or in part, the cost of any construction or reconstruction, repair or
replacement of a described capital improvement upon the Common Area, including the
necessary fixtures and personal property related thereto, or, after adopting and submitting a
W-3
revised budget to the West View Estates Homeowners Association as may be required to make
up any shortfall in the current year's budget.
9.4.2. Apportionment and Collection of Special Assessments. The Board will
apportion Special Assessments among the Lots and collect payment according to the same
guidelines as set forth for Annual Assessments in Section 9.3.2.
9.4.3. Notice. Notice of the amount and due dates for such Special Assessments
must be sent to each Owner at least 30 days prior to the due date. �&
Section 9.5. Default Assessments. All monetary fines, penalties, A or other
charges or fees (excluding Annual and Special Assessments) levied agains ursuant
to the West View Estates Documents, or any expense of the West View SA t s ers
Association which is the obligation of an Owner or which is incurredjb�-yvy-t st i states
Homeowners Association on behalf of the Owner pursuant to --th S Estates
Documents, and any expense (including without limitation attorn6ysYfees *d costs) incurred
6, 6-
by the West View Estates Homeowners Association as a reN 0 faigj.,, of an Owner to
'It
abide by the West View Estates Documents, constitutes �&'%Ult A� nt, enforceable as
provided in his Declaration below.
Section 9.6. General Remedies of Wc
Nonpayment ofAssessment. Any installment of
Default Assessment which is not paid within 30
event that an installment of an Annual As -9sm,
or in the event any Default Assessment.,--l-s- —'s 4
Estates Homeowners Association, sole di
actions
9.6.1.
Board of Directors fi
.3.
a late�l
'o time;
I MM',1110, !& tev
,,,,Wmeowners Association for
nnijii
ss8sment, Special Assessment or
after A due date will be delinquent. In the
'el
3§pgffial Assessment becomes delinquent,
�dQer this Declaration, the West View
�on, may take any or all of the following
delinquency at uniform rates set by the
from the date of delinquency at the maximum rate
the voting rights of the Owner during any period of
Accelerate all remaining Assessment installments for the fiscal year in
question so that unpaid Assessments for the remainder of the fiscal year will be due and
payable at once;
9.6.5. Bring an action at law against any Owner personally obligated to pay the
delinquent Assessment charges;
9.6.6. File a lien on the Lot and foreclose as set forth in more detail below.
19
9.6.7. For a delinquent Assessment related to the provision of utilities, the
utility service to the Lot may be suspended after giving the Owner ten days written notice that
the service will be suspended unless the delinquent Assessment is paid.
The remedies provided under this Declaration will not be exclusive, and the West View
Estates Homeowners Association may enforce any other remedies to collect delinquent
Assessments as may be provided by law.
Section 9.7. Assessment Lien. Any Assessment chargeable to a Lbt will constitute a
��-M
lien on the Lot, effective the due date of the Assessment. To evidence theIie%--the West View
Estates Homeowners Association may, but will not be obligated to, pre i%i�kwntten lien
statement with respect to the Lot, setting forth the name of the Owner, the ption of
the Lot, the name of the West View Estates Homeowners Association, uent
Assessment amounts then owing. Any such statement will be duly signed e by
an officer or Director of the West View Estates Homeowners Ass
e served
upon the Owner of the Lot by mail to the address of the Lot or �0 -such other address as the
West View Estates Homeowners Association mav have in its re�" for tli�d-" Owner. At least
ten days after the West View Estates Homeowners A
Owner, the West View Estates Homeowners Association
of the Clerk and Recorder of Flathead County, Montana
such notice to the Owner, the West View Estat
foreclose the statement of lien in the same mann& as pro
under the statutes of the State of Montana. k-
Section 9.8. Successor's
title of a Lot, except as provided
prior Owner or Owners thereof for
expenses, and attorney's anvia
such successor's right to recq'��ver fr
Section 9.9
from the Assessme
rA statement to the
f��
Ithe statement in the office
ollowing the mailing of
f
Wssociation may proceed to
the foreclosure of mortgages
9.t sse§§Ment. All successors to the fee simple
ill be jointly and severally liable with the
01
unP`aid Assessments, interest, late charges, costs,
-W-4es against such Lot without prejudice to any
I
*lve�
9YYAer any amounts paid by such successor.
The following portions of the Property will be exempt
created under the Declaration:
. 1. Aiik �v scment of other interest in the Property dedicated and accepted by
,-Il and devoted to public use;
.2., Any Lot owned by Declarant;
.3. All utility lines and easements; and
9.9.4. Common Areas and Parks.
Section9.10. Statement ofStatus ofAssessments. The West View Estates Homeowners
Association will furnish to an Owner or his designee or to any Mortgagee, within fourteen days
of request, a statement setting forth the amount of unpaid Assessments then levied against the
Lot in which the Owner, designee or Mortgagee has an interest.
10
Section 9.11. Failure to Assess. The omission or failure of the Board to fix the
Assessment amounts or rates or to deliver or mail to each Owner an Assessment notice will not
be deemed a waiver, modification or a release of any Owner from the obligation to pay
Assessments. In such event, each Owner will continue to pay Annual Assessments on the same
bases as for the last year for which an Assessment was made until a new Assessment is made,
at which time any shortfalls in collections may be assessed retroactively by the West View
Estates Homeowners Association.
ARTICLE 10
PROPERTY RIGHTS OF OWNERS
Section 10.1. Owner's Easements of Access and Enjoyment. E�#y OA�has a
perpetual, non-exclusive easement for ingress, egress and utilities to and ff(dih-hi
'And for
VVI
the use and enjoyment of the Common Area, which easement is a puifft-, Y,�"
,p enan 4, 00 will pass
Z ;7 - -�,
with the title to every Lot, subject to the provisions set forth in thispoaratiog.
Section 10.2. Delegation of Use. Any Owner inafMegdf& ordance with the
West View Estates Documents, its rights of access and described in Section 10. 1
above to its tenants, employees, family, guests or invitees.
Section 10.3. Easements of Record anf, o se.`�De 'rope will be subject to all
f U
to
easements shown on any recorded Plat and al er ea!�,z'ments of record or of use as of the
date of recordation of this Declaration.
Section 11. 1.
Control, Declarant wJ
QaRTICEE 11
SPECIA�CLARANT RIGHTS
ON- SERVED RIGHTS
- the expiration of the Period of Declarant
Declarant Rights:
Completion of -Improvements. The right to complete
;'any Plat filed with respect to the Property.
Development Rights. The right to exercise all Development
Rights in coff400tion,with the development of the West View Estates Project, including without
limitation the iil or combination of rights hereby reserved by Declarant, as follows: (i) the
right to create tots and Common Area on the Property; (ii) the right to subdivide Lots and
convert Lots into Common Area on any part of the Proprety; (iii) the right to withdraw real
property from West View Estate; and/or (iv) the right to annex all or part of the Expansion
Property to the Project, in accordance with Article 12.
11.1.3. Sales Activities. The right to maintain sales and management
offices, signs advertising West View Estates and model residences on the Common Area and
on Lots owned by Declarant.
21
11.1.4. Easements. The tight to use easements through the Common
Area on the Property for the purpose of making Improvements on the Property.
11.1.5. Association Directors and Offices. The right to appoint any
officer or Director of the West View Estates Homeowners Association, as provided in this
Declaration or the Bylaws.
11.1.6. Order of Exercise of Declarant's Rights. De-clarant makes no
representations and gives no assurances regarding the legal description of the --,-,un, daries of any
phase of the Property or the order or time in which the phases of the Rf- :i' y may be
Sk
developed or incorporated in to West View Estates, or whether or to whaf-exte of the
Property will be developed or incorporated into the Project. Further, thA_Xact �tha`Ml'��O�JAIarant
may exercise one or more of Declarant's development rights or other A- eclarAFRights
pp
on one portion of the Property will not operate to require Declar -to' cise, _D -velopment
Right or other Special Declarant Right with respect to any other p ion- of th4'fl"roperty.
Section 11.2 Supplemental Provisions Regard�?171)ecldr ights. Without
limiting the generality of the foregoing, certain of these Sbe.ciah arant rights are explained
more fully in this Article below. Further, Declarant� esIfthe right to amend this
evelopment Right or any
Declaration and any Plat in connection with th
VAIIIN e a
other Special Declarant Right, and Declarant al reserve e a itional rights retained for the
benefit of Declarant in this Article and in other isions o'.'this Declaration.
Section 11.3. Utility Easemend. �The&ie`-- is NeR`6by created an easement upon, across,
over, in, and under the Common Ar&4oadwakand the areas designated on the final Plat or
Plats of West View Estates as utill _d�� entffor the installation, replacement, repair and
maintenance of all utilities, inqJu6d4�'�W�ibut nof-liffifted to water, sewer, gas, telephone, electrical,
teng*BY -virtue of this easement, it will be expressly
television and other communications=1W
permissible and proper or -Abe corripkpies pr�Wing utility services to install and maintain
_0 ;'i C n Area, the private roadways and the areas
necessary equipment and*der the omrn6o
ti
designated -on-the firi-- lat o iew Estates as Utility easements and to affix and maintain
utility p -e- s, oft4its conduits and other equipment under those areas. Any utility
coTp y us s em' will use its best efforts to install and maintain the utilities
d* ing the uses of the Owners, the West View Estates Homeowners
proVid6l,Mor out istui`6
Associati 65-n-i-A-rid Declarant; will prosecute its installation and maintenance activities as
promptly a%eq�tiously as reasonably possible; and will restore the surface to its original
condition as s& 2�/'as possible after completion of its work. Should any utility company
furnishing a se ce covered by the easement granted above request a specific easement by
separate recordable document, either Declarant or the West View Estates Homeowners
Association will have, and are hereby given, the right and authority to grant such easement
upon, across, over, or under any part or all of the Common Area, the private roadways and the
areas designated on the final Plat or Plats of West View Estates as utility easements without
conflicting with the terins of this Declaration. This easement will in no way effect, avoid,
extinguish, or modify any other recorded easement on the Property.
22
Sectionll.4. Reservation for Expansion and Construction. Declarant hereby reserves
for itself and its successors and assigns and for Owners in all future phases of West View
Estates, a perpetual easement and right-of-way for access over, upon, and across the Property
for construction, utilities, drainage, ingress and egress, and for use of the Common Area. The
location of these easements and rights -of -way may be made certain by Declarant or the West
View Estates Homeowners Association by instruments recorded in Flathead County, Montana.
Declarant further reserves the right to establish from time to time, by declaration or
otherwise, utility, ingress and egress, and other easements over and across the Common Areas,
41M-
and to create other reservations, exemptions, and exclusions convenient or -neco5#ry for the use
and operation of any other property Declarant.
Section 11.5. Reservation of Easements, Exceptions and ExcluRons jb�Wlities,
Infrastructure, and Access. Declarant reserves for itself and its successoMand g�i�#is and
hereby grants to the West View Estates Homeowners Association,,-actmg!hr6VgJJW Board of
Directors, the concurrent right to establish from time to time, by'-46"Claration or otherwise,
utility and other easements, permits, or licenses over the Common va forr&rposes including
but not limited to streets, paths, walkways, drainage, recr�gfi'o&'ial a5r�:c arking areas, and
to create other reservations, exceptions, and exclusions % e
Ar�terpst of the Owners and the
0
West View Estates Homeowners Association.
Section 11.6. Maintenance Easement. ,
for itself and its successors and assigns an
Association, and any member of the boar&-pf- 1
employees, and assigns, upon, across ,qyner, 94
use of the Property as may be nec
.0�ary or
- i
perform the duties and functions w`nhi&-�-',the W
obligated or permitted to perfig mii--`�-` anfjt��
i easeftot i�'hereby reserved to Declarant
ra
FantedYo the West View Homeowners
, p1to
p�and their respective officers, agents,
' OV,
and& the Property and a right to make such
ropriate to make emergency repairs or to
View Estates Homeowners Association is
est View Estates Documents.
Section 11.7. D in&� Ease nt. A&ihsement is hereby reserved to Declarant for
itself and its succe�
tsOr K/and granted to the West View Estates Homeowners
Associatio jt-.offi(�6�k- a ents, oyees, successors and assigns to enter upon, across, over,
in, and un- po the Property for the purpose of changing, correcting, or otherwise
modiffiffi-nng the e ge channels of the Property so as to improve the drainage of
water. -Waso-- e efforts 'ill be made to use this easement so as not to disturb the uses of the
Owner, th0kest View Estates Homeowners Association and Declarant, as applicable, to the
extent possibliiAo prosecute such drainage work promptly and expeditiously; and to restore any
areas affected ch work to a sightly and usable condition as soon as reasonably possible
following such �wor
Section 11.8. Declarant's Rights Incident to Construction. Declarant, for itself and its
successors and assigns, hereby retains a right and easement of ingress and egress over, in, upon,
under and across the Common Area and the right to store materials thereon and to make such
other use thereof as may be reasonably necessary or incident to the construction of the
Improvements on the Property or other real property owned by Declarant' provided, however,
that no such rights will be exercised by Declarant in such a way as to unreasonably interfere
23
with the occupancy, use, enjoyment or access to an Owner's Lot by the Owner or his family,
tenants, employees, guests or invitees.
Section 11.9. Easements Deemed Created. All conveyances of Lots hereafter made,
whether by Declarant or otherwise, will be construed to grant and reserve the easements
contained in this Article, even though no specific reference to such easements or to this Article
appears in the instrument for such conveyance.
ARTICLE 12
EXPANSION AND WITHDRAWAL
Section 12.1. Reservation of Right to Expand. Declarant reserve *-,fi-eAgffi3--- but will
not be obligated, to expand the effect of this Declaration to include all or p #1 of the ion
Property. The consent of the existing Lot Owners and Mortgagees wpl not uir for any
t its sole
such expansion, and Declarant may proceed with such expansion
9,
option. Declarant will have the unilateral right to transfer to ai, - 0 er ' Son this right to
R
expand by an instrument duly recorded. I
'Pl' U.- 2
Section 12.2. Completion Of Expansion. Whe�� W
Oft, has determined that no
t W
fin-ther property shall be added to the Project, De it 1 1 nottf
Homeowners Association in writing. Until suchi/. y the West View Estates
gi q Aclarant retains the right to
,,D
ky.designate additional property as Expansion Prop
-W
Section 12.3. Declaration Of A �7 - i� �R* txpansion of the Project may be
or
jr
�Iq Mir,
accomplished by recording a DeclaraticiMM"! N'14PI-exatie done or more supplemental Plats in
X
v
the records of the Clerk and Recor f Flath County, Montana, before the expiration of
f
the Period of Declarant Control. T12/eNeRM-164--arra-tio f Annexation will describe the real property
C
o
to be expanded, submitting it- 'Aft"v" and provide for voting rights and Assessment
allocations as provided ir en:ciftn. each new Lot in the annexed area will
be allocated one vote and li lity for Co n Expenses equal to the liability allocated to
Ain,
Mg� I mp ortio ate voting interest and allocation of Common
each of the other L of R? �' a n QN, h t-�
ti -FT4usted accordingly. Such Declaration of Annexation will
Expenses 0
.rA t W-M
L-
MOM-
not req 61 ..,"fise Owners, the West View Estates Homeowners Association, or the
Bo- x&
DireAs; an ansion will be effective upon the filing for record of such
exati unless otherwise provided therein. The expansion may be
D 1 01
accompli stages by successive supplements or in one supplemental expansion.
Upon el WOKPO
kordation of any such Declaration of Annexation, the definitions used in this
Declaration v be expanded automatically to encompass and refer to West View Estates as
expanded. Such Declaration of Annexation may add supplemental covenants peculiar to the
Expansion Property in question, or delete or modify provisions of this Declaration as it applies
to the Expansion Property added. However, this Declaration may not be modified with respect
to that portion of the Property already subject to this Declaration, except as provided below for
amendment.
24
ARTICLE 13
INSURANCE
Section 13.1. Authority to Purchase. All insurance policies relating to the Common
Area will be purchased by the Board of Directors or its duly authorized agent. The Board of
Directors and the Declarant will not be liable for failure to obtain any coverage required by this
Article or for any loss or damage resulting from such failure if such failure is due to the
unavailability of such coverage from reputable insurance companies, or if such coverage is
available only at demonstrably unreasonable costs. 1AZI
Section 13.2. General Insurance Provisions. All such insurance cover'
A d
.-4&obtaine by
the Board of Directors will be governed by the following provisions:
13.2.1. As long as Declarant owns any Lot, D
by all such policies in the same manner as any other Owner. /I
13.2.2. The deductible, if any, on any ' surMWj-F,,poliq0purchased by the
s'
vya le fi�&�6dl Assessments or
Board of Directors may be treated as a Common ExpenseA
Special Assessments (allocable to all of the Lots or to o4 9. 'ftthe Lots, if the claims for
damages arise from the negligence of particular Owners, o INK rtep&irs benefit only particular
P
Owners), or as an item to be paid from working/�;vd',A-d'�;p�i�t�6-1'--Avs,et-y-Sk,.e'gtablished by the Board of
Directors.
Section 13.3. Physical Damage
Homeowners Association will obtain'
coverages, limits, deductibles and o
time to time.
0 Mon Area. The West View Estates
insurable Improvements and with such
dons as the Board may determine from
Section 13.4. Liability Insdfad, � c. M, West View Estates Homeowners Association
,p
M
UK
may obtain a compreheqsivd�polic� f blic ZI
%— flity insurance and property damage insurance
with such coverage, afid'Iffi m- -ts----tjs,-th0'Board k Directors may from time to time determine,
insuring eqg-h,--,-menM of thi of Directors, the West View Estates Homeowners
Associa,,t�i'-o�n--;---aiT�d!--ettie re-s--iixtive employees, agents,
p and all persons acting as agents against any
�nl --XI
liabijifkjo the public or th wners (and their guests, invitees, tenants, agents and employees)
ariging---'i-i-i-'F-c,onu,-'e--6tion withAhe ownership, operation, maintenance or use of the Common Area
and streefg* d roads within West View Estates and any other areas under the control of the
West View Estate I omeowners Association. Declarant will be included in the coverage as an
"D
-,s
additional in: i —,' eclarant's capacity as an Owner or Director.
25
ARTICLE 14
ENFORCEMENT OF COVENANTS
Section 14.1. Violations Deemed a Nuisance. Every violation of this Declaration or
any other violation of the West View Estates Documents is deemed to be a nuisance and is
subject to all the remedies provided for the abatement of the violation. In addition, all public
and private remedies allowed at law or equity against anyone in violation of these Covenants
will be available.
Section 14.2. Compliance. Each Owner or other occupant of any PA - M9f the Property
will comply with the provisions of the West View Estates Documents as e may be
amended from time to time.
Section 14.3. Failure to Comply. Failure to comply with e, - -Tstates
Documents will be grounds for an action to recover damages or Ito cause
any such violation to be remedied, or both. Reasonable notice and o'/$porttmity for a hearing
to co encing any legal
as provided in the Bylaws will be given to the delinquent p pn f
proceedings.
Sectionl4.4. 91'ho May Enforce. Anyaction r efifor6F,'I the West View Estates
W IN;
Documents may be brought by Declarant or the em of the West View Estates
Homeowners Association on behalf of the ers. aft& a written request from an
aggrieved Owner, none of the foregoing persons, entiti s ences an action to enforce the
West View Estates Documents, then thep,gp'pye a bring such an action.
Section 14.5. Nonexclusive, ies. the remedies set forth herein are cumulative
and not exclusive.
Section 14.6. No TMiver. ' NIP-, filW"e Board of Directors, Declarant, or any
aggrieved Owner to enforcAfte WestV,,,' iew Estates Documents in any one or more instances
to do dfor any subsequent violations or of the right to
will not be deemed a *er
,gh
r 0M, -- wmmp-�,
-V
enforce any the Wdfr ew Estates Documents at any future time.
,jhipr p� P
ection 44.7. N No member of the Board of Directors, the Declarant or any
e
ty
11beli-able to any��other Owner for the failure to enforce any of the West View Estates
MI, y time.
Section� Recovery of Costs. If legal assistance is obtained to enforce any of the
provisions of the West View Estates Documents, or in any legal proceeding (whether or not suit
is brought) for damages or for the enforcement of the West View Estates Documents or the
restraint of violations of the West View Estates Documents, the prevailing party will be entitled
to recover all costs incurred by it in such action, including reasonable attorneys' fees (and legal
assistant's fees) and costs as may be incurred, or if suit is brought, as may be detennined by the
court.
26
ARTICLE 15
RESOLUTION OF DISPUTES
If any dispute or question arises between Members or between Members and West
View Estates Homeowners Association or relating to the interpretation, performance or
nonperformance, violation, or enforcement of the West View Estates Documents, such dispute
or violation may be subject to a hearing and determination by the Board in accordance with the
procedures set forth in the Bylaws.
ARTICLE 16
DURATION OF THESE COVENANTS AND
.Sments MH6 will
Section 16. 1. Tenn. This Declaration and any amendments or supol-
remain in effect from the date of recordation until the 30"' atWbf thVe;,jddte this
v
v
v
W,
Declaration is first recorded in the office of the Clerk and ReIW'N� M County,
�of AWMaff
Montana. Thereafter these Covenants will be automaticall dite &d f�,r five successive
y
periods of 10 years each, unless otherwise terminated or modified a:Pp_rovikA-,elow.
Section 16.2. Amendment. Subject to Section I(WhWMclaration, or any provision
of it, may be terminated, extended, modified or amended,-%ir'-Tevok-IM as to the whole or any
portion of the Property as follows:
16.2.1. Prior to Sale of Lff& Prior t-. the sale of any Lot, the Declarant
tdo�5,qxtefi�, modify, amend or revoke this
0
(including a Successor Declarant) inaym-t— in t
Declaration as to the whole or anypqttion Of
he-`Pf6-Pertv by recording in the records of
Flathead County, Montana, a docume he Declarant stating the action taken.
gned b
16.2.2. 1eof`--%`-b *ut During Period ofDeclarant ControL After
p
the sale of a Lot but before ex th��riod of Declarant Control, Declarant (including
any Successor Declara%, mcxv te extenVinodify, amend or revoke this Declaration as
to the whole or any po h n 6 A copy of the document stating the action intended
to be taken e t a notice of the Owners' rights under this Section shall be
mal ed Wi'e---- er rst class mail, postage prepaid, to the address of the Owner on the
rec
est Vi states Homeowners Association. Unless written objection is
rec th Declara, om the Owners holding ninety percent (90%) of the Owners
objected t - -action.
After the Period of Declarant ControL After the Period of
Declarant Control, this Declaration, or any provision of it, may be terminated, extended,
modified or amended, or revoked as to the whole or any portion of the Property upon the
written consent of Owners holding 67% or more of the votes in the West View Estates
Homeowners Association. Any document will be immediately effective upon recording in the
records of Flathead County, Montana, a copy of such executed and acknowledged by the
necessary number of Owners, or alternatively, upon the recording in the records of Flathead
County, Montana, of a copy of the document together with a certificate signed by an officer of
27
the West View Estates Homeowners Association stating that the required number of consents
of Owners were obtained.
Section 16.3. Declarant's Approval. Notwithstanding the provisions of Section 16.2,
no termination, extension, modification or amendment of this Declaration will be effective in
any event during the Period of Declarant Control unless the written approval of Declarant is
first obtained.
Section 16.4. Effect of Amendments. Amendments made pursuant p
, this Section will
inure to the benefit of and be binding upon all Owners, their far t itees and
Oki
employees, and their respective heirs, successors, and assigns. Joiner of the All ortgagees
shall not be required in order to effect an amendment.
ARTICLE 17
MISCELLANEOUS PROVISIONS
Section 17. 1. Severability. This Declaration, to the gxtedf
ossible;0'will be construed
10
or reformed so as to give validity to all of its provisiomig, pro gkgg� f this Declaration
ef i ve to the extent of such
found to be prohibited by law or unenforceable will �"' W-
6 ,
prohibition or unenforceability without invalidating �q�ot o f .
Section 17.2. Construction. In interpfkting w5N4 this Declaration, unless the
T in'
context will otherwise provide or require, the Oplar wi include the plural, the plural will
include the singular, and the use of ge
q genders.
any
Z
Section 17.3. Headings. 0, eadings' - e included only for purposes of convenient
' '?81� v.�
reference, and they will not affect the rbi,- 'ing or hterpretation of this Declaration.
WNW
Section 17.4. Waiver. No e onm e art of the West View Estates Homeowners
p
Association or the Board tor/,give ot STV or to exercise or to delay in exercising any
right or remedy will operate w* except as specifically provided above in the event the
a%wai
wal
Board fails.,to�,,respohdAp certain requests. No waiver will be effective unless it is in writing
and si Mi&&bVUi Pres or Vice President of the Board on behalf of the West View Estates
SZMa 17.5. Limitation of Liability. Neither the Declarant, the West View Estates
Homeowner s',,T sociation nor any partner, officer or member of either the Declarant or the
Board will be 40f�e to any party for any action or for any failure to act with respect to any
matter arising b�, through or under the West View Estates Documents if the action or failure
was made in good faith. The West View Estates Homeowners Association will indemnify all
of the officers and Board members with respect to any act taken in their official capacity to the
extent provided in this Declaration and by law and in the Articles of Incorporation and Bylaws.
Section 17.6. Conflicts Between Documents. in case of conflict between this
Declaration and the Articles of Incorporation or the Bylaws, this Declaration will control. In
IR
case of conflict between the Articles of Incorporation and the Bylaws, the Articles of
Incorporation will control.
Section 17.7. Assignment. Declarant may assign all or any part of the Special
Declarant Rights or any of Declarant's other rights and reservations hereunder to any successor
who takes title to all or part of the Property in a bulk purchase for the purpose of development
and sale. Such successor will be identified, the particular rights being assigned will be
specified, and, to the extent required, concomitant obligations will be expressly assumed by
such successor, all in a written instrument duly recorded in the recor&W the Clerk and
Recorder of Flathead County, Montana. 14 -,
IN WITNESS WHEREOF, Declarant has signed this Declaration
above.
STATE OF MONTANA
:ss
County of Flathead
This instrument was ae'kii6 4
as the true and free act of 0 � I Corpo"
'th the
Corporation, in accordance� 'V
V ne
40"
111,61"Ki
Corporation, filed with' If S
,4ftYe S
By: Owl 96iV6fd'_tron,
Mark G. Owens. gMetari/Treasurer
me on this day of 2006,
rk G. Owens, the Secretary/Treasurer of Owl
-Articles of Incorporation of Owl
Notary Public for the State of Montana
Printed Name
Residing at
My commission expires:
Montana
29
STATE OF MONTANA
ss
County of Flathead
Recorded at the request of this day of � 200 . at
Montana. o'clock m. and recorded in the records of Flathead County, State of
Fee $ Pd.
Flathead County Clerk and
Reception No.
Deputy
After recording please return to: 0
A I f/k.
110
30
X
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
TO: Amy Robertson, Finance Director
CC: Charles Harball, City Attorney; James H. Patri,
FROM: James C. Hansz, P.E., Director of Public W
SUBJECT: Financial Participation - Water line Size
DATE: 23 February 2006
On December 5, 2005, staff reviewed with City Council the status of developer participation
projects for increasing the size of water and sewer utilities. These participation projects were initiated
under previous guidance from City Council to seek out and maximize opportunities to partner with
developers to construct critical infrastructure for projects that improve and enhance the City's utility
systems. Eight participation projects were reviewed. City Council advised staff of their satisfaction with
these projects and instructed staff to proceed with these and future projects where cost savings are
possible and doing so will benefit the ratepayers.
Attached is documentation from Frank Castles and WMW Engineers for the Westview Estates
Subdivision project. This project installed an oversized water main from Reserve Drive to Lorrie Road in
the development in order to maximize future service potential. A second piece of the oversize project will
be constructed in a later phase of the development. Financial participation by the City for the cost
differential between an 8-inch diameter and 12-inch diameter pipe totals $8,904. 10. This is $796 less than
the original estimate for the work.
A check for $8,904.10, paid from Water SDC funds, should be issued to Owl Corporation, Inc.,
500 Palmer Drive, Kalispell, NIT 59901.
memo0072006.doc
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
MEMORANDUM
February 14, 2006
To: Jim Hansz, P.E., Public Works Director/City Engineer
From: Frank Castles, P.E., Assistant City Engineer #
RE: West View Estates Subdivision
Over Size Water Main
Attached is the bill for the first phase of the increase in pipe size from 8" to 12"' in the
referenced project. The increase was discussed in my memorandum to you dated
October 3, 2005, and approved by the City Manager on your memorandum to him on
October 4, 2005.
The bill is in the amount of $8,904.10. The pre construction estimate for this phase of
the work was $$9,700.00.
It is recommended that the bill be paid.
ji ji j� ��rn�j
'071M
Paul Wells, RE
Principal Engineer
February 10, 2006
Mr. Frank Castles, PE
Assistant City Engineer
City of Kalispell
PO Box 1997
Kalispell, Montana 59903
Re: West View Estates
Dear Frank,
Consulting Engineers
50 West Second Street
Whitefish, Montana 59937
Phone (406) 862-7826
Fax (406) 862-7827
The first section of 12-inch water main from West Reserve to Lorrie Road has been
installed on West View Estates. On behalf of Owl Corporation, we are requesting a
reimbursement from the City for the cost difference between the 12-inch and 8-inch
water main.
I have included a cost breakdown for this section of pipe, and the prices are based upon
invoices from Hughes Supply dated 11/ 1510 5.
The amount of the requested reimbursement is $8904. 10. Please make the check payable
to Owl Corporation.
If you have questions, please. give a call.
Sincerely,
Lee Griswold
Cc: Owl Corporation
Mark Owens
500 Palmer Drive
Kalispell, MT 59901
West View Estates
Comparative Cost Difference 12" vs. 8" Water Main
Item
C-900 PVC Pipe (LF)
Gate Valves (EA)
Reducers (Extra) (EA)
Tees (EA)
11 1/40 Bend (EA)
22 1/2' Bend 'EA)
Ser,/ice Saddles (EA)
Megalug Set (EA)
Flanged Adapter (EA)
12" Main 8" Main Cost Uifference
$ 16.00
$
9.25
$
6.75
$ 1,018.49
$
530.84
$
487.65
$ 467.21
$ 568.62
$
256.76
$
311.86
$ 164.14
$
100.73
$
63.41
$ 171.76
$
105.19
$
66.57
$ 100.66
$
35.34
$
65.32
$ 72.07
$
39.10
$
32.97
$ 149.49
$
97.31
$
52.18
Total Additional Material Cost
Additional Costs (Labor, Excavation, Back -fill)
666 LF @ $2.50/1-F
Quantity Additional Cost
666
$
4,495.50
1
$
487.65
1
$
467.21
2
$
623.72
2
$
126.82
2
$
133.14
7
$
457.24
12
$
395.64
1
$
52.18
$ 7,239.10
1 $ 1,665.00
TOTAL AMOUNT $ 8,904.10