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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 1 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 'A mile 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 t ed, Sean Conrad Senior Planner Report compiled: August 15, 2006 mes 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 1/4 mile 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 1 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. ® 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. ® 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. ® 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. • 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. 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. 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/ 1 /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: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 APPENDIX THIS AGREEMIENT, made and entered into this '" day of AA)jf . , 20!eP v, 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- _�" 4 , (Name of Developer) a (Individual, Company or Corporation) located at wl fz, `:,aA ve Q t (Street Address/P. O. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. TNESSET: T T E S, the Developer is the owner and developer of a new subdivision known as T = t d a (Name of Subdivision) located at �. (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of kva, s t "vtma I -FA 1 'e , upon the conditions as set forth (Name of Subdivision) in the Preliminary Plat of the Subdivision Ding 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 $ j2 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, certifying the following: a. That the creditor guarantees funds in the sum of $ 1`2 i r=CZS> chc> the estimated cost of completing the required improvements in t" LSk t"!C' � d (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by -�;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 improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of 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 hereunto set their hands and seals the day and year herein before written. (Name of Subdivision/Developer/Firm) (Title) STATE OF MONTANA / COUNTY OF On this %jr day of .,` a L Sj 20 e0to , before me, a Notary Public for the State of Montana, personally appeared' known to me to be the Sec, i'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 this day -;and year first above written. „• •++„ ,a'"J, /_.', rho ff Notary Public for the a of Montana Residing at My Commission Expires D''3 A5- MAYOR, CITY OF KALISPELL MAYOR ' ATTEST: ,:< CITY CLERK 1*114281 West View Estates — Phases 1 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. City of Kalispell Planning Department 17 - 2nd 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 j406L752-5666 Date of Preliminary Plat Approval: May 5, 2003 and a one year extension was granted by the City 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 1V1.10#N FILING FEE ATTACHED $ '6 055.00 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 / / Date " **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 17 2nd Street East Kalispell, MT 59901 RE: Final Plat submittal for West View Estates, Phase 1 and 2. Dear Planning Office: This cover letter is intended to give an overview of the conditions of approval and the supporting documentation for meeting the conditions for West View Estates Phase 1 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 is 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 WMW 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 from 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 WMW and Kalispell Public Works Department). West View Estates, Phase 1 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 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 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 • Taylor Road. Condition 4 14: That a minimum 20 a• 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 — LISPS (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 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 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 PLAT ®F L K1AWLOW ualE vzraw?A toss .ca Na W"4 DM Z0000f A SW4S 4 SEC, 25 r. C R22W PACK LEOEND 3 aecnex mam xr w13n vrcwMm ur •or3u /' KtflK LY, 301Yi`R $ItD.j lfl4-1 yS lm. 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IS �l�� p• ��aii�dd$1}i=?� 1d�� i}}l iS "°" 3# i d f ai �" � ��M '� t �af��i�djdSa�=f�j�?�j�j�� j(��. y •g ,�- �- ��t�d . ��. �j��,�• ° -Vol g89g1g'FF ai 1�3 !i.��1�1��f.� �6�i " � i ill! 5: �Ead�i !1111d5�lil� R ti- dl Iii�a d i � I e� idd fdt i�:lSs�aa �i i� d3eii 6sa (s - arm___ Am ixsmra xuun a mw m ::'�i:tS..i:3:S3.•i7Aa]lia:fiti:•a2 9YSSiSS238t523tff9f L2itE29ifIIYE8 B �5F5333eiii?di'ii3zd�d'aiai:d3x5i x:•s'zizz:c»esixsi@a3'ss'si:z:szcxsz ziisezissz'a:::x:Y:sx:ii'sasba:i=s . ..................................ao..... eat ? > d d ® .. .fly STATE-oF MONTANA — DEPARTMENT OF TRA"RTATION HELENA, MONTANA 59620-1001 DRIVEWAY APPROACH APPLICATION AND PERMIT VMS gum - -� 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: ❑ Federal Government ❑ State ❑ County ❑ City ® N/A Private: xx Public: Use of Property or Facility: Temporary 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: S 548 ROADWAY OR HIGHWAY: 55 MPH Sight Distance: Left: 875' Right: 875' 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, its/his successors or assigns, agree to protect the State and save it harmless from all claims, actions or damage of every kind and description which may accrue to, or be suffered by, any person or persons, corporations or property by reason of the performance of any such work, character of materials used, or manner of installations, maintenance and operation, or by the improper occupancy of said highway right of way, and in case any suit or action is brought against the State and arising out of, or by reason of, any of the above causes, the Permittee, its/his successors or assigns, will upon notice to it/him of the commencement of such action, defend the same at its/his sole cost and expense and satisfy any judgment which may be rendered against the State in any such suit or action. 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 , 2006 The undersigned, the "Permittee" mentioned in the aforegoing instrument, DEPARTMENT OF T JVOFiT I N hereby accepts this permit, together with all of the terms and conditions set forth therein. By: District Admini rato T""""r----""•' —.-- ---- ----- Completed Approach Inspected by 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 S 548 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. 5548-3.3 I 0 o M v � d' o � N � � 0' 15' /DRAINAGE Q EASEMENT E t CURB)8' CENTER MEDIAN W/ EXTERIOR STRAIGHT • a o� 1 STOP SIGN -STREET/ STOP SIGN 4' ND OF CURB TO 13E 4' iSTRUCTION IFROM EDGE OF ASPIiALT1 IT offisromPim. 12 LONG TAPERED WI ENING w/ 3' SH ULDER & 6:1 SI SLOPE IN TALL 18"x58'f CMP 25 FROM EDGE OF E STING PAVEMENT A +00 MATCH TO EXISTING EDGE OF PAVEMENT H (SEE NOTES) 1 A t- STEEL Pin r,Y*r REOUI a—= y J (SEE NOTES) PLAN VIEW Ell MY. CHANNEL "`--- SCHEOME 40 GALVANIZED STEEL PIPE CHoT REWREDI SECTION A —A ILLUSTRATED P 13 .UTH 24' CR0' CW UTILIZES- FOUR CALM STEEL PIPES Y ROAD ;JfPPRQACH CULVERT "END: TREATIEjq OUANTIT)ES (FOR ESTIMATIA.. .ONLY) CIA. A CW cINCIES! H PIPE,, LENGTH riT. 1 Me x K..; GALY. CHANNEL 3`CALY. PIPE. SCHEDULE 40 (FT.) -0IIENSIONS IFT..) t C 1 0 i C 1 J Is T 10, .20' .20 S. 0 t. 0 1.0 tt t. IO' .33 .33. S.0 T.:O 1..0 24 10 12' R.A IS t.lS r30 .SO .6.0 9.0.1.0 30 12.5 1i' 10.0 .20 1.25 .60 .60 .i.0 11.5 1.0. NOTES3 11 PIPE TO HAVE ANNULAR CORRUGATION OR.REROLLED.ENDS. USE ONLY APPROVED COUPLING.9A)q PER STANDARD SPECIFICATION 709.02 Ctrs. .FOR RCP END TXEATIENT. SEE oTL.' M NO. 03•26 FOR CONNECTION. 21 CALYANZEO.i1EEl PIPE.. CALVMAZED CHANNEL. AND FAWbC AS REOURED . ARE. 11iCLUDED LOOT PRtCE IND FOR: DRAINAGE PIPE. 3) THE TW 3r4* C►(AMMELS WY K ELIWXATEO FROM •TIE CULVERT END TREATIENT WI . A. THE CULVERT IS FABRICATED NTH 112 GAGE 40.109' THICK) HATEFUL. L 1uLF CIRCLE IN6TCtES ARE CUT OU TtE CULVERT FOR THE STEEL PIPE MTN.00 TIMJO S VELD OF THE /ERWHERY IN CONTACT PROVIDED. G ALL IELDS AID.OTHER NON-GALVANZED PARTS ARE PAINTED Of ACCORDANCE NTH STAIIOARO SPECIFICATIONS SECTION T10. A) C014tECT10NS MADE PER DTL. W- ft 03-26 REOURE `PIPE LENGTHS H AND J TO BE INCREASED SY 3: A A I I SEE NOTE st CROUP LINE SECTION 'M201. T10 603-14 CW ROAD APPROACH CULVERT END TREATWNT (RA`CET ) 25' R. SHOULDER OF HIGHWAY MAINLINE DITCH GRADE NOTES: SHOULDER OF HIGHWAY 25' R. W N. SLOPE ALL / SEE PLANS LANDING 1% - 2% FOR WIDTH STRIPS _ HIGHWAY FOR ORAINAGE'�. SHOULDER OF HIGHWAY 25' R. RUN. R/W SLOPE ALL LANDING 24' MIN. STRIPS 1%-2%0 FOR DRAINAGE LANDING�/�� LANDI r STRIP STRIF APPROACH 25 R. . 25j.0' AUN. FOR PRIVATE OR FIELD APP. 75.0' RUN FOR COUNTY AND MAIN ROADS SHOULDER OF HIGHWAY I r SEE PLANS FOR SURF.I TYPICAL SECTION AT MAINLINE DITCH USE A PIPE AS NECESSARY FOR DRAINAGE. INSTALL CULVERTS OUTSJDE THE CLEAR ZONE OR PROVIDE ENO TREATMENT, 24. 0' 6-1 6:1 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. N0. STANDARD SPEC. 2O3' OS SECTION 203 APPROACHES EFFECTIVE: AUGUST 19.5S iQVTANA P£PARACYT tITAHA LK TRANSFOYTAT/pY CApp Otl ffm 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. MATERIALS — The permittee shall furnish all materials necessary for the construction of appurtenances authorized by the permit. This shall include fiu-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 voids between the larger gravel and stone, and to permit compaction. In area Is curb and gutter, the approach base and surfacing shall consist of an adequate, depth of granular 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 minimum distance of 12 feet from the outside shoulder line, or to the right- of-way line, whichever 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. Commercial 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(1)-(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 "permittee 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 permittee 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 permittee 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 to the 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. ,O v Montana t. n of Transportation L y e—i.s} r, a with pzridQ '31"i Irl SchvveltZer, Gnverncr Kalispell Area Office 85 Fifth Avenue East North PO Box 7308 Kalispell, MT 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. 4 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.mdt.mt.gov QWfC-STDA12A 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: ❑ Federal Government ❑ State ❑ County ❑ City ® N/A Private: xx Public: Use of Property or Facility: Temporary 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: S 548 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:ANI rOSTD:112A Revised 3110199 - 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 thin 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, 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 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 % it day of A qf- NS��-- The undersigned, the "Permittee" mentioned in the aforegoing instrument, DEPARTMENT OF TR RORT I N hereby accepts this permit, together with all of the terms and conditions set forth therein. 8y. ,J/ District Administrat """-------"'-----"--'-----'-----'--"'-'----- ----------- '114 Permittee One copy of permit to District Administrator for file One copy of permit to Applicant Completed Approach Inspected Date C Title Q:MTC:_ 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 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 City of Kalispell Public Works Department Post Office 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 ely, Frank Cas es, P.E. Assistant City Engineer cc: WMW Engineering, PC Consulting Engineers 50 West Second Street Whitefish, Montana 59937 3} City of Kalispell Public Works Department Post Office Boa 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 B, 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 June 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. Sin er ly, rank Castles, P.E. Assistant City Engineer Cc: Sean Conrad, Senior Planner Kalispell Planning Office 35 16` Ave East— P O Box 1997 — Kalispell MT 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 & II Dear Mr. Griswold: This letter is to serve as approval on the landscaping plans submitted for Phase I & II 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 & II, 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. Sincerely Michael Baker, Director Kalispell Parks and Recreation Enc: West View Estates cc: Tom Jentz, Kalispell Planning Deb Deist, Finance Mark Crowley, Construction Manager k L 1 f s ------------- 2 26 '24 ..A zrt jj I zB 79 82 ry 34 I fw� £ _. _.-__ .i a'3S5 1 t I z it 2-6 126 7L' tir iG 1i' W� t0A 1:r ;14 L i i ". Sd 3 2 fir i 1�?124 f.e.Yi sig I - 75 i 5ya t _ I 40 '_ 4iCJ � t— .. 3�i L3 i to s I03' v a +3 E r ' .: .-�' Y \ -!2 9? Sd ' q 100 f 301 id2' E�: 105 i r zu 69 n8' { 67 1 65 64 to 63 m .: 48 l 1 f $I1 451 tt � a � I ,• � __ 44 .. Sr.. 'it 32 Boulevard Tree Planting Schedule - ,I }- �,\--57fiptr Berm I i t 4 i.�., 9 9'nt r __. .,.r n.r. ns ..... EO 1♦ S i i' t . f � �� / f �rM•, Mwd.lrl� 1, ..: rh +4 .+ran µn! li.a, i! 1Fu. �. � � - I.y r�-r,.r,-Je Irma.. 14$ Conifer Trees Provided by'.Owiter t I W~w r-enw w" rnbf i � { 7 HIO Sam E 9ilFfXttfREn C.503 srG 3 st w 401 Lads 1pe Evlfer (� 31 1r. tat2 i se'reuxa fSti;rofer axe Wei Pesenel 1 1s, t cr f r p� �6,�r • — Aw Typical Plan: Landscape Perimeter52 Perimeter and Boulevard Landscape Plan Typical Section: Landscape Perimeter Westview Estates-.* tk'.ir� P1nc4W Se.'bM:C Iaectn Troe �l�vE, Ys.Srs "`�4_?Q -0CJ Av 'x.�n wK' ayxl AK;.'or+Wk 1i Yui a hu •SyM' A1d,sv m!, M S' u: WY u! Y ways •hau, Fi" Am nreWr '&rr #+IiN' M sy tw 4 Hu. Spr MY:r 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 carrierto 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 21), revision dated 11-18-05, and the fax memo received 11-23-05. Please contact me if you have any questions. 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 1 (Tr. 5 in 25-29-22) YEARS 2000 THRU_2005 2004 THRU 2005 ASSESSOR # 0417700 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 or the years indic e for each assessor number. /—/ Deputy Treasurer (seal) juk 9 2906 APPLICATION AND AGREEMENT FOR IRREVOCABLE LETTER OF CREDIT Ars cif real #� I plrlk aa1ilef........... . Ltr oafs I�ur t3€er. . ... . .... fltl 1.. 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 KALISPELL, 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 7 p 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 r 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 AGREEMENTAPPLICATION AND IRREVOCABLEFOR OF CREDIT Loan No: 0. •0 • -• 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 MARK G. OWENS, Secretary/Treasurer of OWL CORPORATION LASER PRO L—din V- 5.32.00.003 Cop,. Harland Financial Solutions, Inc. 1997, 2006. All Rights R...... d. - MT D:\LASERPRO\GMCFI\LPL\C43APLOC.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 Easemis for West View Estates (the "Declaration") is made this day of , 20, y the Montana Corporation, Owl Corporation hereinafter the "Declarant"), by and through itaJy authorized secretary/treasurer, Mark G. Owens. ARTICLE 1 STATEMENT AND PURPOSE AND IMPOSITION Section 1.1. Owner. The Declarant is the owner ofe pWWertyilathead County, Montana, more particularly described as follows (the "Prof ) Lots 1 through 127 of the West View Estates su ioaccording to the official Plat thereof on file and of record in.- ial *ecirds of Flathead County, Montana. Section 1.2. Purpose. The purpose m De-1 in making this Declaration is to create a development known as West M Estates yin the Property (the "Project" or "West View Estates") The Declarant further —t nds o enter - t ie at of the Property, including the residences and other improvements cnstrucA or=it to prevent any future impairment of the Property and to guard ant the consction dfhe Property of improvements of improper or unsuitable materials gwrth �propr quality or methods of construction, to protect and enhance th lues,eQd gamemti s`W- the Property; to provide for the operation, administration, use and rra ti nance ftp,, common areas within the Property; to preserve, protect and enhance a they e s and pities ° f_ lac Property; and to promote the health safety and welfare of the Secti-rr 13. Imposition of Covenants. To accomplish the purposes indicated above, the Declarant hereby declares that from the date of recording this Declaration forward, the Property will constitute a° planned 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 run 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 0mmittee formed pursuant to Article 6 to maintain the quality and architectural harmony of ;x& ent in West View Estates. Section 2.3. "Articles: or "Articles of Incorporation " mear& the Art Ms of Incorporation of the West View Estates Homeowners Association, Inc , a q0tanaRon-profit corporation, which were filed with the Montana Secretary of Stat f ow e on ,bimuary , 2006, as such Articles, may be amended from time to time. f Section 2.4. "Assessments" means the Annuali�ticial It Assessments levied pursuant to Article 9 to meet the estimated cash rdretltsof the West View Estates Homeowners Association. €` Section 2.5. "Bylaws" means the 1 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 such doci all as may be amended fre tc that S the West West View Estates Homeowners its operation, as such bylaws may Tents" means the basic documents creating Dt limited to, this Declaration, the Articles of and any other procedures, rules, regulations Jest 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 d Section 2.16. "Improvement(s) " mea fences, walls, hedges, plantings, lighting, pol signs, changes in any exterior color or without limitation, grading, road con_ ct planting, and any new exterior c-o,,,,,ctior. included in the foregoing. "Improver , O" replacement of a magnitude . h does t "Improvement(s)" does in `lude R oria im rovements t West View publed and perty now owned as Declarant may )n of Annexation. all buil%gs, ' parking areas, loading areas, riveway,s�� roads, ponds, lakes, trails, gates, 'k atrc�ri' and all other site work, including, utility improvements, removal of trees or Iexterior improvement which may not be es not include turf, shrub, or tree repair or Lnge exterior colors or exterior appearances. _�nprovements and all later changes and p Section 2.171 ; ot" me`'�' a parcel of land designated as a lot on any Plat of the Property; � r W 1 y �Sction,.l8. "Maintenance Fund" means the fund created by Assessments and fees .I` - levied pursto Article 9 below to provide the West View Estates Homeowners Association with the funds ruined 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. Section 2.21. "Period of Declarant 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 terminate his period of control by written notice to the Board of Directors. Section 2.22. "Person" (whether or not in capitalized form) means a natural person, a corporation, a partnership, a limited liability company, an association, a trust or � other entity or combination of the foregoing. ff Section 2.23. "Plat" means any survey or surveys of all P the o- perty, y together with such other diagrammatic plans and information regar ink tfie Pr ^as maybe required by applicable law, or as may be included in the discreti feclaant, as each such survey may be amended and supplemented from time to timand- ' as reoded in the office of the Clerk and Recorder of Flathead County, Montana. - ,- Section 2.24. "Property" means and includes the 15ii y cribed in Section 1.1 and initially subjected to this Declaration, and also refer to y ad'dn real property that maybe incorporated in the Project from time to time and made € ect to these Covenants pursuant to the provisions of this Declaration. Section 2.25. "Special Asses runt'` means an ssessment levied pursuant to Section 9.4. Section 2.26. " is defined as set forth in Section 11.1 below. Section 2.27 "Suc6i or Declarant" rn r ns any party or entity to whom Declarant assigns any or all of its r -_ghts obl t ns or interest as Declarant, as permitted by Section 17.7 �F and evidenced -by n€aa igmnerit `r—deed of record in the office of the Clerk and Recorder of Flathea� fCntGvlona ., designating such party as a Successor Declarant, signed by the tran�ror and tht transfr6e `Upon such recording, Declarant's rights and obligations under thefiDe la lio will cease. nd terminate to the extent provided in such document, and all such rights and b ligations shall be transferred to and assumed by the Successor Declarant to the extent provided`=gin 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. 0 Section 3.2. Declaration of Boundaries. 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 MEMBERSHIP AND VOTING RIG Section 4.1. Membership. Every Owner, by virtue of being an Owe and for so long as he is an Owner, will be a Member of the West View Estates Homeowner: .ociation. Membership will be appurtenant to and may not be separated from ownership of any' No Owner, whether one or more persons, will have more than one memberhp per dot fired, but all of the persons owning each Lot will be entitled to rights of m .m shi imod f use and enjoyment appurtenant to such ownership. The Declarant shall h cnsideed 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 purpose oassesret e Declarant shall be exempt from all forms of assessments imposed pursuant tp claration. s M} Section 4.2. Transfer of Membership An 0w r maW t`transfer, pledge or alienate his membership in the West View Estates Hone owner Msoci4tion in any way except upon the sale or encumbrance of his Lot, and then onl the pur§baser or Mortgagee of his Lot. Section 4.3. Classes of Me '56— p , �'he West View Estates Homeowners Association will have one class of ong merership, composed of all Owners, including Declarant, except that the Declarant shall have uch additional rights and responsibilities as expressly provided in this Dec,--iiratr y'�' Section 4.4. VWin fights. MI Membd s shall be entitled to one vote on the West View Estates Homeowners A r iat 9 'matters° on the basis of one vote for each Lot owned. Associ Appointment of Officers and Directors by Declarant. Until the of tWPeriodE clarant Control, Declarant will retain the exclusive powers to move: and replace 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 is designated by this Declaration for the common use, benefit and enjoyment of the Ownersad hersfamilies, tenants, employees, guests and invitees. - '£ 5.2.3. West View Estates Homeowners Associd M. Res fi-ibility for Common Area. The West View Estates Homeowners Association, ubjec=to the rights and obligations of the Owners set forth in this Declaration, will b respo able for the management, maintenance and control of the Common Area. 5.2.4. Association's Agreements Red Estates Homeowners Association, acting through -. right-of-way, leases, licenses and concessions thou independent approval by the Owner. Without hmtir View Estates Homeowners Association ,my aM the Project or property adjacent to the Project, to to the Project for the purpose of acco n odatmg'�ir or other purposes that do not unreasonably ierJ Common Area by the Ownera Section 5.3. by It View omm roan==Con Area. The West View 'off otretors, may grant easements, o er e Common Area without the the generality of the foregoing, the West lhhts 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. .5.3.1 committees. the West View Estates Homeowners Association may delegate any offs ngftuties or responsibilities to any committee or other entity (in addition to th A chitectd l Revidiw dmmittee) that the Board may choose to form. Limitation. Any delegation by the Board under this Section is subject to compliance the.Bylaws and the requirement that the Board, when so delegating, will not be relieved of i `sponsibilities 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. 0 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. ARTCLE 6 ARCHITECTURAL REVIEW COMMITTEE Section 6.1. Committee. There is hereby established an Architectural Review Committee, which will be responsible for the review and approval =£of all proposed Improvements on the Lots. _ ._ Section 6.2. Committee Membership. The Committee will be co posed o f three or more persons, all of the members of the Committee will be appointed, ren%ved, and rlaced by Declarant, in its sole discretion, until the expiration of the Period of D"Warant Qo trol or such earlier time as Declarant may elect to voluntarily waive thus r o MI notthe West View Estates Homeowners Association, and at that time the BoardEofbirectdrs will succeed to Declarant's right to appoint, remove, or replace the members of thjlgsmmitt. Section 6.3. Purpose and General Authority. placed, reconstructed, replaced, repaired or otherwise al or reconstruction be commenced until plans for 1100 Committee; provided, however, that Improverne s that be undertaken without such approval. The OFer sl showing the design, location, material, culo anal the Architectural Review Committee. 11 trprov accordance with approved plans. K np ovements will be erected, )r ll anv construction. repair El Piave been approved by the etely within a building may nit a site plan and elevations of proposed Improvements to will be constructed only in Section 6.4. Designs Mgy "I' es.' y'Architectural Review Committee may publish Design Guidelines which set=forth theYsoce an criteria for review of Improvements to be constructed on any Lot, and for review'of lanF ping plans. Failure to follow procedures or ft criteria set forth in the currer� ubl'ed Des Guidelines shall form an adequate basis for rejection of• p, su i nt tpd sites rand elevations; provided, however, that this requirement shall not be'c11struedRpreventing the Declarant or the Architectural Review Committee, at their f on, frost waiver or""amending the Design Guidelines at any time or with respect to an app -t* Failure to,follow such procedures or criteria set forth in the Design Guidelines shall also ..,deemed a breach of this Declaration by such Owner and shall entitle the Association 'dr the _Architectural Review Committee to exercise and pursue the rights and remedies provided 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 Committee 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, it its sole discretion, may excuse compliance with such requirements as are not necessary or appropriate in specific situations and may permit compliance with different or alternative requirement, Section 6.7. Binding Effect. The actions of the Committee in Ae exerfflik-=of its r:. discretion by its approval or disapproval of plans and other information subiffittod to it, -or with respect to any other matter before it, will be conclusive and bindm o I.7ihteres l parties. Section 6.8. Organization and Operation of CommitUe s 6.8.1. Term. The term of office o ea -member of the Committee will be one year, commencing January 1 of each year, and continufrig until his successor shall have been appointed. Should a Committee member Elie, ete or-bce incapacitated, or in the event of a temporary absence of a member, a `successof;, be appointed as provided in Section 6.2. 6.8.2. Chairman-o long ` as Declarant appoints the Committee, Declarant will appoint the chairman44M 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 by a majority vote of the m ed bsIn th f ence of a chairman, the party responsible for appointing or electing the hairman : nay ppoint.-or elect a successor, or if the absence is temporary, an interim crrnan. r 0eratons. The Committee chairman will take charge of and conduct,a11 s ill provide for reasonable notice to each member of the Committee prio t&any meeting. T dice will set forth the time and place of the meeting, and notice mad any me er. ,8. Voting. The affirmative vote of a majority of the members of the Committee wilt 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 Cottee. 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 remedy allowed for such violation bylaw or equity against Member will be applicable. Without liming the ge ality of the foregoing, these Covenants may be enforced as provided below,,,,,,,,,, (i) Fines for Violations. The Committee ; ay adopt a schedule of fines for failure to abide by the ?eIT6 minitfi rul s_'and the Design Guidelines, including fines for flobtain % 'required approval from the Committee. (ii) Removal of Nonc�o,rrfdri Imp- ements. The West View Estates Homeowners Association rnay, upon request of the Committee and after reasonable tune ;,after notice to the Owner, without being deemed guilty of qgas.,�Mq e any Improvement constructed, reconstructed, remise tercl or maintained in violation of these Covenants Th,Jwner oI e Improvement will immediately reimburse the West View Estates r' omeowners Association for all expenses incurred 'i coiinedtt n'' ith such removal. If the Owner fails to reimb se the '`'-hest View Estates Homeowners Association within 30 ?;Ineftbtice s .fter the TTest View`�Estates Homeowners Association gives the `'the expenses, the sum owed to the West View Estates omeowers 'Association will bear interest at the maximum rate pie fitted under Montana law from the date the expense was incurred by they�t View Estates Homeowners Association through the date of reirrliursement in full, and all such sums and interest will be a Default Assessment enforceable as provided in Article 9. SecticO 211-1. Continuity of Construction. All improvements commenced on the Property we 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. 0 ►.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 Subdivision. 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 must be 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. Roofs, Siding 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 1. Non -reflective materials are to be used, including non-reflecting glazing. 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. Immediately 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: l . 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 Committee. 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 individual*operty values through the implementation of a generous landscape design. These criteria must _followed to successfully receive the approvals required by the Architectural Review Comittee Drainage of individual properties must work with the existing tog d bedirected toward the natural open space or drainage Swale systems, develo�on�cn with the roadways. The Front Yard/Streetscape Zone is the area nearest to they neighbofbood-=street and includes boulevard area to the back of curb and is normally at theIrmikeCtIle property. On corner lots this zone also extends down the side of the property paralYol tole street. The landscape requirements for the front yard are: ■ Minimum two (2) Neighborhood Shade Tees (2" m%rimum, caliper) per lot. ■ Minimum one (1) Ornamental AccetSt free per dot , ■ Lawn area to be sodded with undergrou-rrigaion systems. 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 does (2" minimum, caliper) per lot. ;cent Tfee per lot. -rground irrigation systems. 12 The following is a list of acceptable trees. Neighborhood Shade / Street Trees Emerald Queen Maple Northwood Red Maple Royal Red Maple Green Mountain Sugar Maple Ohio Buckeye Cc Ai Pa Su Im Re 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 Chokecherry 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 '1 Dwarf European Cranberrysh Common Snowball Viiae ur '-= Gold Coast Ju-iiP'" Sea Green Juniper Youngstown An&_rra` dun Prince of Wales Jump% 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 RoS� JP Connell Martin Frobisher Shrub Brae Morden Centennial Shrub Rode Prairie Joy Shr Theresa Bugrtt Sts Rye Ural False Spirea Dwarf Red Lilac Uo f'v Wayfaring Tree Virbumum 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 flake Coronation Tri ph Bush C'lii Goldstar Bush cuefoil f VA Cutleff S ii Sumac d, la de Hoodless Rose Gharion Shrub Rose Golden Wings Shrub Rose ZAryy Hudson fs 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 boat storage shall be within the side property setback and the garage. Fencing and/or heavy landscoi ,are required to soften this impact and must be approved by the Architectural Review' Cortee., 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 re ide es f6 lor rent, no sign, billboard or advertising structure of any kind shall be erect , ugh or Maintained on the Property. Signs shall be no larger than 24" square. Section 7.9. Driveways. All driveways shall be concrete f om the street to road to the garage. Only one driveway entrance off the street will b peri tted for each lot unless otherwise approved by the Architectural Review_ or ttee:-,,,,Lgtf'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 their;_li rt f W, 'rofession, business, manufacturing, ny ,ot except home occupations as defined increase traffic within West View Estates. ;rate any daycare, pre-school or other child Section 7.11. laintena ce. A = mprovements located on any Lot shall be maintained in the saanondrn as i the time of initial construction, normal wear and tear excepted At..unprA gents shall"be preserved and of a pleasant appearance by maintaining paint, sari"sr sler as °ceded. If any improvement or landscaping is damaged or destroyed, the Owner shall prompill ,6build, repair and restore the structure to its appearance and coridit i _prior 6 the casualty. Reconstruction or repair shall be completed within nine months of any case that damaged or destroyed the improvement or landscaping Secti6n..{2. 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 corner 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 corner. 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. _ Section 7.14. Pets. 7.14.1 Dog runs and animal pens must be enclosed and approV9tl!- y the Architectural Review Committee. To protect birds and wildlife, doffs and : catsrt be accompanied and on a leash at all times and will be expected t = Abe ean, by After when outside the lot. Plastic baggies work well, but cannot be put in theever. 7.14.1. No Owner shall have or keefanY1- dog w'c barks or whines on regular or continuous basis, or which otherwise creates ,disturbance for any other Owner. Section 7.15. Nuisances. No nor ious or ldflensi�e activity shall be carried out upon any lot, nor shall anything be done therejoach is which may become an annoyance or nuisance to other Owners., Section 7.16. Lands 4 Maine ante and Irrigation. All yards and landscaping shall be maintained andS-h lldot b lowed to become unsightly. Lawns shall be mowed on a regular basis. 'leds,'-ncludmg noxious weeds, shall be eradicated or controlled and all Owners sh-full} ply fate and local law regarding the control and eradication of noxious eed� Undev bped L i must be mowed at least twice each year and may not be used as aid).yill area fir rimmin s or grass clippings. ,/Z 17. }' Garbage. No Lot shall be used or maintained as a dump site or story oundr rubb h,: dash, garbage, junk vehicles, equipment or other waste. All gatg'e d oth r waste shall be removed as reasonably necessary. r ��fr+ Sec .18. City Imposed Restrictions. All conditions or restrictions imposed by the City of ispell or the State of Montana during the subdivision process are hereby incorporated by 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 its intention to do so, and if the Owner has not commenced and diligently pursued remedial action _within 30 days after the mailing of such written notice, then the West View Estates Homeowrt-Association will proceed. The expenses of the maintenance by the Board will be reimbursed to -,(he West View Estates Homeowners Association by the Owner within 30 days after the W&t:View Estates Homeowners Association notifies the Owner of the amo ue, end any_m not reimbursed within that 30 day period will bear interest at them gate pied under Montana law from the date of the expenditure until payment in full; Section 8.2. Owner's Negligence. If the need for fiaT"ntenaW ; pair or replacement of any portion of the Common Area (including Improverent toed on it) arises because of the negligent or willful act or omission of an Owner_ or his fknily ember, guest, invitee or tenant, then the expenses incurred by the West Vwtates H06owners Association for the maintenance, repair or replacement will be a peonal obli.tiort of that Owner. If the Owner fails to repay the expenses incurred by the Westew Estatji es Homeowners Association within 30 days after the notice to the Owner o the nontwed, then those expenses will bear interest at the maximum rate permitted ffid&Moptana"law from the date of the advance by the West View Estates Homeowners As fttion unt) payment by the responsible Owner is paid in full. ARTIag 9 SSESSNTS Section 9.14Areation ien and Personal Obligation for Assessments. Except as otherwse odd by:byqft Declaration, Declarant, for each Lot owned within the Property, hereby eovenar and -9&MOwner of any Lot, by accepting a deed for a Lot, is deemed to covenar cr ply to theAest View Estates Homeowners Association (1) the Annual Assessment- 4mposed by the Board of Directors as necessary to generally carry out the functions of -lie West 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 Cordon Area. Suit to recover a money judgment for unpaid Assessment and related charges as4iste ,above may be maintained without foreclosing or waiving the Assessment lien provided in this leelaration. Section 9.2. Purpose of Assessments. The Assessments levied by the W;t View Estates Homeowners Association will be used exclusively to prom *a 1 `the ec�reati i ,``health, safety and welfare of the Owners and occupants of the West View state, Section 9.3. Annual Assessments. 9.3.1. Calculation of Annual Asse, s a nts The Board of Directors will prepare a budget before the close of each fiscal year of the West View Estates Homeowners Association. Annual Assessments for Common 'psi wili�bsed upon the estimated net cash flow requirements of The West View Es tes Ho: wners Association to cover items including, without limitation, the cost of routs mamte nce, repair and operation of the Common Area; and premiums for insurance uy- a 'eemed desirable or necessary by the West View Estates Homeowners Assocratin, w removal, landscaping, care of grounds and common lighting within the Comrrl�n ;Arearo, tine renovations within the Common Area; wages; common water and utility charges, for tl Common Area; legal and accounting fees; expenses and liabilities incurred by`< he WdA few Estates Homeowners Association under or by reason of this Declaratioi; payrren of any deficit remaining from a previous Assessment period; and the supple , entry of the reserve for general, routine maintenance, repairs and replacement of improYO ents � Coea on a periodic bases, as needed. r �. 2 Crllection. Annual Assessments willbe collected inpeno is 01 inst 1111 nts as < e Boaii may determine from time to time; but until the Board directs other� he ill be pay�ible annually in advance on the date determined by the Board. The omission'' . ilure of the West View Estates Homeowners Association to fix the Annual Assessment ercd ill not be deemed a waiver, modification or release of the Owners from their obligation 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 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, ereA or other charges or fees (excluding Annual and Special Assessments) levied against, Ownerpursuant to the West View Estates Documents, or any expense of the West View Estates Horiv':�wners Association which is the obligation of an Owner or which is incurred,�y tie West Vio states Homeowners Association on behalf of the Owner pursuant to th+e 'West.Ve Estates Documents, and any expense (including without limitation attorn ysYfees aid costs) incurred by the West View Estates Homeowners Association as a re ult of the fai of an Owner to abide by the West View Estates Documents, constitutes exult set nt, enforceable as provided in his Declaration below. r Section 9.6. General Remedies of WE Nonpayment of Assessment. Any installment of Default Assessment which is not paid within 30 event that an installment of an Annual Assssm, or in the event any Default Assessment is est Estates Homeowners Association, tt, sole di actions rf 9.6.1. Board of Directors fi .3. a late`` ro time; tape,,Wmeowners Association for nnijiiss8sment, Special Assessment or after items due date will be delinquent. In the Spfal Assessment becomes delinquent, �dunder this Declaration, the West View ion, 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 Lt will constitute a lien on the Lot, effective the due date of the Assessment. To evidence the=len, the West View Estates Homeowners Association may, but will not be obligated to, prepare written lien statement with respect to the Lot, setting forth the name of the Owner, the fugal dcsrcption of the Lot, the name of the West View Estates Homeowners Association, end the dcquent Assessment amounts then owing. Any such statement will be duly signed and acinowlged by an officer or Director of the West View Estates Homeowners Assc�in andllbe served upon the Owner of the Lot by mail to the address of the Lot or t such other address as the West View Estates Homeowners Association may have in its rec for the 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 Estate` Hod foreclose the statement of lien in the same mann&as pro under the statutes of the State of Montana. _,.. Section 9.8. Successor's title of a Lot, except as provided prior Owner or Owners thereof for expenses, and attorney's and r e such successor's right to recq'aver fr Section 9.9 from the Assessme ems. statement to the the statement in the office a following the mailing of Association may proceed to the foreclosure of mortgages 9.te§§ ent. All successors to the fee simple ill be jointly and severally liable with the 0 unpaid Assessments, interest, late charges, costs, Fees against such Lot without prejudice to any *9YYAer any amounts paid by such successor. The following portions of the Property will be exempt created under the Declaration: .1. Any scment of other interest in the Property dedicated and accepted by ,-ll 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. Section 9.10. Statement of Status of Assessments. 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. ►.1 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. Every Owner- Chas a perpetual, non-exclusive easement for ingress, egress and utilities to and f (dih-h s ©`end for 1VVI the use and enjoyment of the Common Area, which easement is a purte an�f" will pass with the title to every Lot, subject to the provisions set forth in this oaratiog. Section 10.2. Delegation of Use. Any Owner m flegafe, d ordance with the West View Estates Documents, its rights of access and enure described in Section 10.1 above to its tenants, employees, family, guests or invitees F Section 10.3. Easements of Record an f of Use `:he 'rope rty will be subject to all easements shown on any recorded Plat and to alther eas,�ents of record or of use as of the date of recordation of this Declaration -,� Section 11.1. Control, Declarant w 3QaRTICEE 11 SPEC r �CL R5 NT RIGHTS f ADI%TION DESERVED RIGHTS the expiration of the Period of Declarant Declarant Rights: Completion of Improvements. The right to complete zany Plat filed with respect to the Property. Development Rights. The right to exercise all Development Rights in cortnection#rwith the development of the West View Estates Project, including without limitation the iilor 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 right 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. Ike-clarant makes no representations and gives no assurances regarding the legal description of the bipxrdaries of any phase of the Property or the order or time in which the phases of the Prt: ' y may be developed or incorporated in to West View Estates, or whether or to what exte of the Property will be developed or incorporated into the Project. Further, the fact that JAIarant may exercise one or more of Declarant's development rights or other pedal Declara�iFRights on one portion of the Property will not operate to require Declararr t- rcise D-velopment Right or other Special Declarant Right with respect to any other pa ion- of the;,Property. Section 11.2 Supplemental Provisions Regardir171)ecldrights. Without limiting the generality of the foregoing, certain of these Specal`e arant rights are explained more fully in this Article below. Further, Declarant =resIfthe right to amend this Declaration and any Plat in connection with th AIIINof�, - , Development Right or any other Special Declarant Right, and Declarant al s reserve e a itional rights retained for the benefit of Declarant in this Article and in other ndvisions o�this Declaration. Section 11.3. Utility Easement. �Ther , is h reby created an easement upon, across, over, in, and under the Common AArrp, oadway Sand the areas designated on the final Plat or Plats of West View Estates as utility eaentffor the installation, replacement, repair and maintenance of all utilities, incJud4 but not 1p ited to water, sewer, gas, telephone, electrical, television and other commu icatiori systems BY virtue of this easement, it will be expressly permissible and proper for or -Abe companies pro ding utility services to install and maintain necessary equipment and*d r th'e Common Area, the private roadways and the areas designated -on-the final Flat ofVeiiew Estates as Utility easements and to affix and maintain utility pees; wrr , cfttuts, conduits and other equipment under those areas. Any utility coma y us easerrtertf will use its best efforts to install and maintain the utilities proVrded'ort out disturbing the uses of the Owners, the West View Estates Homeowners Association . d Declarant; will prosecute its installation and maintenance activities as promptly %e�tiously as reasonably possible; and will restore the surface to its original condition as sb /as possible after completion of its work. Should any utility company furnishing a se r 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 terms of this Declaration. This easement will in no way effect, avoid, extinguish, or modify any other recorded easement on the Property. 22 Section l l.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•necey for the use and operation of any other property Declarant. Section 11.5. Reservation of Easements, Exceptions and Exclusions for ;utilities, Infrastructure, and Access. Declarant reserves for itself and its successors nd as Otis and hereby grants to the West View Estates Homeowners Association, _acting hrouxW Board of Directors, the concurrent right to establish from time to time, y -4claraion or otherwise, utility and other easements, permits, or licenses over the Common lea, for itlrposes including but not limited to streets, paths, walkways, drainage, recrg`tmfi'' al arcs= arid -parking areas, and to create other reservations, exceptions, and exclusions i antest of the Owners and the West View Estates Homeowners Association.` Section 11.6. Maintenance Easement. , for itself and its successors and assigns an Association, and any member of the board of ] employees, and assigns, upon, across, gyner, 9n: use of the Property as may be ne0ry or perform the duties and functions which :the W obligated or permitted to perform ppant=o i easeitnt is'hereby reserved to Declarant FantedYo the West View Homeowners 'toted their respective officers, agents, antler 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. Maim' e Ease nt. A&ihsement is hereby reserved to Declarant for itself and its successo " an s' /and granted to the West View Estates Homeowners Associatoor t .offi(ers =agents, oyees, successors and assigns to enter upon, across, over, in, and und`cr and, portiif the Property for the purpose of changing, correcting, or otherwise modiffiffing the made or dr ge channels of the Property so as to improve the drainage of water oa oe efforts 'ill be made to use this easement so as not to disturb the uses of the Owner, th--est 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 y Bch work to a sightly and usable condition as soon as reasonably possible following such work. 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 fhe A� but will not be obligated, to expand the effect of this Declaration to include all or p#t of the Pion Property. The consent of the existing Lot Owners and Mortgagees w lnot equir for any such expansion, and Declarant may proceed with such expansion lirrr� = F ' at its sole option. Declarant will have the unilateral right to transfer to ay er p' son this right to expand by an instrument duly recorded. }._ f Section 12.2. Completion of Expansion. Whe � `�t has determined that no further property shall be added to the Project, Declarant 1 1 n ttf y the West View Estates Homeowners Association in writing. Until such .� givclarant retains the right to designate additional property as Expansion Prop y.�` Section 12.3. Declaration of A ion expansion of the Project may be Mir,a accomplished by recording a Declaratio o xation and one or more supplemental Plats in the records of the Clerk and Recor� f 1*lath County, Montana, before the expiration of the Period of Declarant Control. The _� �ratio q¢f Annexation will describe the real property to be expanded, submittingen:ciftn. Co� and provide for voting rights and Assessment allocations as provided in t finally, each new Lot in the annexed area will be allocated one vote �� li�ility fort-� e Co won Expenses equal to the liability allocated to each of the other LoR and rtionate voting interest and allocation of Common Expenses fr e otnts wi djusted accordingly. Such Declaration of Annexation will ��._ not rer��re thnseft Owners, the West View Estates Homeowners Association, or the Bo-�� DireAs• any _- expansion will be effective upon the filing for record of such D lao� cAnnexatic unless otherwise provided therein. The expansion may be accomplistages by successive supplements or in one supplemental expansion. Upon t � cordation 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' 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. 13.2.2. The deductible, if any, on any surae pohcyurchased by the Board of Directors may be treated as a Common Expense:vya le fr Arual Assessments or Special Assessments (allocable to all of the Lots or to o4 the Lots, if the claims for damages arise from the negligence of particular Owners, oINK pdirs benefit only particular Owners), or as an item to be paid from working-�,eapit r set�� stablished by the Board of Directors.1 Section 13.3. Physical Damage Homeowners Association will obtain coverages, limits, deductibles and oth time to time. 0Mon Area. The West View Estates insurable Improvements and with such lions as the Board may determine from Section 13.4 Liability India' : , e. M` West View Estates Homeowners Association r may obtain a compreher ve policy of blic lid : flity insurance and property damage insurance with such coverage and'ffi m- is-- a the'Board o Directors may from time to time determine, insuring eae-• memM,. of the Bard of Directors, the West View Estates Homeowners Associatirri, `nhe restive employees, agents, and all persons acting as agents against any liabijifkjo the public or th wners (and their guests, invitees, tenants, agents and employees) arising i-conzl otion withAhe ownership, operation, maintenance or use of the Common Area and streetg* d roads within West View Estates and any other areas under the control of the West View Estates I , omeowners Association. Declarant will be included in the coverage as an additional in: i `' Declarant'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 patrof the Property will comply with the provisions of the West View Estates Documents as the dame may be amended from time to time. Section 14.3. Failure to Comply. Failure to comply with ,ViIto Tstates Documents will be grounds for an action to recover damages or i ctivoh cause any such violation to be remedied, or both. Reasonable notice and op`'�po t 'ty for a hearing as provided in the Bylaws will be given to the delinquent p pnto co encing any legal proceedings. ; Section 14.4. Who May Enforce. Any action r diforc ' the West View Estates Documents may be brought by Declarant or the air them of the West View Estates Homeowners Association on behalf of the Oners.a aft&a written request from an aggrieved Owner, none of the foregoing persons' entitiesommences an action to enforce the West View Estates Documents, then the �e�re�ne;ay bring such an action. Section 14.5. Nonexclusive edies. the remedies set forth herein are cumulative and not exclusive.�A r Section 14.6. No TMiver. NI�.�fail of�;the Board of Directors, Declarant, or any aggrieved Owner to enforcfhe West ;View Estates Documents in any one or more instances will not be deemed a��*er�� to do s�for any subsequent violations or of the right to enforce and �,at er p o the Wdfr ew Estates Documents at any future time. ection 1.7. No`ality. No member of the Board of Directors, the Declarant or any Ov ner be li-able to any other Owner for the failure to enforce any of the West View Estates Documen MI, y time. Section I_5. 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 determined 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 Section 16.1. Term. This Declaration and any amendments or suppments hero will remain in effect from the date of recordation until the 30' v , arrr of thate this Declaration is first recorded in the office of the Clerk and Re `of Flaea`�� County, Montana. Thereafter these Covenants will be automatically Bite ded fc,r five successive periods of 10 years each, unless otherwise terminated or modified�_rovided�below. Section 16.2. Amendment. Subject to Section I ( this Mclaration, or any provision of it, may be terminated, extended, modified or amended, or -revoked as to the whole or any portion of the Property as follows:`s. 16.2.1. Prior to Sale of Lff& Prior t-. the sale of any Lot, the Declarant (including a Successor Declarant) may in exd, modify, amend or revoke this Declaration as to the whole or any ,pqr bond` the `Property by recording in the records of Flathead County, Montana, a document signed by�he Declarant stating the action taken. 16.2.2. fter Sale of t *ut During Period of Declarant Control. After the sale of a Lot but before epuatioi;f the Period of Declarant Control, Declarant (including any Successor Declar maxv termina , extenVinodify, amend or revoke this Declaration as to the whole or any po h n of the P arty. A copy of the document stating the action intended to be taken: y the �- �o�larant a�� notice of the Owners' rights under this Section shall be mailed Wi'e---- er rst class mail, postage prepaid, to the address of the Owner on the recordf the Wiest Vi "states Homeowners Association. Unless written objection is receive b th Declaranf from the Owners holding ninety percent (90%) of the Owners objected to 1. 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 families, invitees and employees, and their respective heirs, successors, and assigns. Joiner of the � mortgagees shall not be required in order to effect an amendment. J, ARTICLE 17 MISCELLANEOUS PROVISIONS Section 17.1. Severability. This Declaration, to the gxterit ossible vill be construed or reformed so as to give validity to all of its provision g, pro kgg� f this Declaration found to be prohibited by law or unenforceable will �` e ; �f i ve to the extent of such , prohibition or unenforceability without invalidating aqy of i art he' eof. Section 17.2. Construction. In interpting wad in this Declaration, unless the context will otherwise provide or require, the Oplar wil include the plural, the plural will include the singular, and the use of any g,e;yvicll genders. Section 17.3. Headings. T 'eadings -e included only for purposes of convenient reference, and they will not affect the m6 f+x 'ng ofnterpretation of this Declaration. NW Section 17.4. Waiver. No � re on�STV dart of the West View Estates Homeowners Association or the Board for ive notice' or deor to exercise or to delay in exercising any right or remedy will operate aw-a waiver, except as specifically provided above in the event the Board fails ,respohdAp certain requests. No waiver will be effective unless it is in writing and siM,ed bw i Tres nt 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 Homeowners `Tociation nor any partner, officer or member of either the Declarant or the Board will be 0 e to any party for any action or for any failure to act with respect to any matter arising by, 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 aek i6 as the true and free act of O�1 Corpo Corporation, in accorda�n.ce ' th the Corporation, filed with' S�f yf P f - � �T' T ff ♦ z By: Owl orptirton, Mark G. Owens. oretari/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 o'clock m. and recorded in the records of Flathead County, State of Montana. Fee $ Pd. Flathead County Clerk and Reception No. Deputy After recording please return to: l%f3 {{ 30 € . _ 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, MT 59901. memo0072006.doc s 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. Paul Wells, P.E. 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 11/15105. 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) Service Saddles (EA) Megalug Set (EA) Flanged Adapter (EA) 12" Main 8" Main Cost Difference $ 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