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07/06/09 Final Plat Phase 1APIANNING FOR THE FUTURE .MON'T N.A a-1 REPORT TO: Kalispell Mayor and City Council FROM: Tom Jentz, Director Myrt Webb, Interim City Manager SUBJECT Final Plat for Silverbrook Estates Phase lA MEETING DATE: July 6, 2009 Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning BACKGROUND: This is a request for final plat approval of Silverbrook Estates subdivision, Phase 1A which includes 178 single-family residential lots on approximately 78 acres located on the west side of Highway 93 about three-quarters of a mile south of the intersection of Highway 93 and Church Drive. Preliminary plat approval for phase 1 of this subdivision was granted by the City Council on December 4, 2006. It should be noted that the final plat request includes the remaining portion of phase 1 of Silverbrook Estates as approved by council in December of 2006. The city council approved an initial portion of phase 1 which included 107 lots on approximately 73 acres in March of 2008. The final plat request before council includes the remaining portion of phase 1 which is located in a portion of Section 13, Township 29 North, Range 22 West, Flathead County, Montana. The preliminary plat was approved with conditions as outlined in the attached letter. The following is a discussion of compliance with each of these conditions as well as fmdings of compliance with the city subdivision regulations and zoning ordinance. RECOMMENDATION: A motion to approve the final plat for Silverbrook Estates Subdivision Phase lA would be in order. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Tom Jentz My ebb Director Interim City Manager Report compiled: June 30, 2009 Attachments: Letter of transmittal Final plat application and supporting documents Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning July 1, 2009 Myrt Webb, Interim City Manager City of Kalispell 201 lst Avenue East Kalispell, MT 59901 Re: Final Plat for Silverbrook Estates Phase 1A Dear Myrt: This is a request for final plat approval of Silverbrook Estates subdivision, phase lA which includes 178 single-family residential lots on approximately 78 acres located on the west side of Highway 93 about three-quarters of a mile south of the intersection of Highway 93 and Church Drive. Preliminary plat approval for phase 1 of this subdivision was granted by the City Council on December 4, 2006. It should be noted that the final plat request includes the remaining portion of phase 1 of Silverbrook Estates as approved by council in December of 2006. The city council approved an initial portion of phase 1 which included 107 lots on approximately 73 acres in March of 2008. The final plat request before council includes the remaining portion of phase 1 which is located in a portion of Section 13, Township 29 North, Range 22 West, Flathead County, Montana. As a side note, phases 1 and lA of Silverbrook now total 285 lots. The original first phase of Silverbrook Estates as presented to the city in the 2006 approval process showed 285 lots in this phase in the Annexation request, in the initial zoning request, in the overall PUD request and in the environmental assessment. Furthermore, the preliminary plat map also showed 285 lots. However, the actual preliminary plat application form submitted by the applicant's states only 249 lots were to be in this preliminary plat. Consequently, the actual public notice in 2006 prepared by staff mentioned only 249 lots and likewise the staff report referenced 249 lots in this phase. It is now clear that the reference to 249 lots was a typographical error on the part of the development team. The remainder of the Silverbrook Estates site has since received preliminary plat approval and the total lot count for the entire development is within the approved 586 lots as originally proposed. Based on this research, staff is recommending that the city proceed acknowledging the error but noting that it is has no substantive effect on the process. The preliminary plat in 2006 was approved with 38 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. Condition 1. The Planned Unit Development for Silverbrook Estates allows the following deviations from the Kalispell Subdivision Regulations and the Kalispell Zoning Ordinance: A. Kalispell Subdivision Regulations, Section 3.07, B (Blocks) to allow blocks to exceed the 1,200 foot maximum length. ® Several block lengths within phase lA exceed 1,200 feet as permitted by this condition. B. Kalispell Subdivision Regulations, Section 3.11, A (Sidewalks), allowing a sidewalk on only one side of Diamond Peak Loop, a roadway serving the neighborhood commercial area of the project. A sidewalk shall not be required around the green space in the interior of the loop as shown on road section G dated October 2, 2006 with the location of Diamond Peak Loop shown on the Silverbrook Estates Roads and Trails map dated October 2, 2006. ® This condition applies to phase 2 of the project. C. Kalispell Zoning Ordinance, Section 27.07.040 (3) (Minimum yard setbacks in the R-4 zoning district), allows minimum setbacks of 10-feet for front and side corner property boundaries for a dwelling unit. Garages shall be setback a minimum of 20-feet from front and side corner property boundaries. ® This condition applies to phase 2 of the project. D. Kalispell Zoning Ordinance, Section 27.22.090 (Fences, Walls and Hedges), allowing fences 48 inches tall within or bounding the front setback area in all areas of the proposed subdivision. This only applies to fences and in no case shall the fence be solid. ® Future fences, walls, hedges must comply with this condition. E. Kalispell Zoning Ordinance, Section 27.13.040 (3) (Minimum yard setbacks in the B-1 zoning district), allowing a 5-foot setback to the front and rear property boundaries. ® This condition applies to phase 2 of the project. F. Kalispell Zoning Ordinance, Section 27.13.040 (5) (Permitted lot coverage in the B-1 zoning district), allowing the permitted lot coverage of 100%. This condition applies to phase 2 of the project. 2 G. Kalispell Zoning Ordinance, Section 27.26.040 (5) (Joint use of parking facilities), allowing the creation of the "Silverbrook Estates Parking Regulation, Management Plan and Ordinance" to provide for direction in the planning and design of all parking facilities within the 13-1 zoning district of the subdivision. ® This condition applies to phase 2 of the project. H. Kalispell Zoning Ordinance, Section 27.27.020 (1) - (6) (standards for loading berths), allowing deviations in the design standards for loading berths. ® This condition applies to phase 2 of the project. Condition Z. The development of the 325 acre site shall substantially comply with the following maps and elevations submitted as part of the Planned Unit Development application: A. Silverbrook Estates Conceptual Site Plan B. Silverbrook Estates Land Use Map dated October 2, 2006 C. Silverbrook Estates Proposed Zoning Map dated October 2, 2006 D. Silverbrook Estates Roads and Trails Map dated October 2, 2006 E. Silverbrook Estates Road Sections A-H dated October 2, 2006 F. Silverbrook Estates Trail Types A-C dated October 2, 2006 G. Silverbrook Estates Architectural Elevations for the Subdivision Main Entrance dated October 2, 2006 H. Silverbrook Estates Development Phasing Plan dated October 2, 2006 ® This condition is met. Development of phase 1 is in substantial compliance with the conceptual site plan approved by the city council. Minor deviations include eliminating several lots to relocate a storm water detention pond. The owner has also opted to allocate additional land for a community center building to serve the subdivision. All other road and trail types have been installed and the road and trails map has been updated to reflect additional trails placed within phase 1. Condition 3. Final approval of all standards within the Silverbrook Estates Parking Regulation, Management Plan and Ordinance shall be approved by the City of Kalispell. The standards shall be approved prior to any final plat approval for the commercial area. ® This condition applies to phase 2 of the project. Condition 4. Pedestrian pathways shall be located either midway on blocks exceeding 1,200 feet in length or in the area of the block exceeding 1,200 feet which would provide the best connectivity to surrounding streets or pedestrian/bike paths. The pathways shall be located within a 20-foot wide easement with the path width and construction standards determined by the Parks and Recreation Department. The pathway easements shall be shown on the final plat and the path shall 3 be constructed or bonded for to the approved width and construction standards prior final plat approval. This condition is met. Pedestrian pathways are shown within a 20 foot wide common area for blocks exceeding 1,200 feet in length. Condition 5. The minimum landscaping and screening requirements for commercial B-1 parking areas shall be 10%. Furthermore, at the time the owners apply for Phase II of the subdivision plat, a preliminary parking lot layout plan and landscaping plan shall be submitted. The plan shall show how the minimum 10% landscaping requirement is being accomplished. This condition applies to phase 2 of the project. Condition 6. The Silverbrook Estates Parking Regulation, Management Plan and Ordinance be amended to incorporate the use of pedestrian walkways within the parking areas to provide for needed connectivity between the commercial buildings and the sidewalk or bicycle pathways surrounding the commercial area. Pedestrian walkways shall be included in the preliminary parking layout plan referenced in condition 5. This condition applies to phase 2 of the project. Condition 7. That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site. This condition is met. A PUD agreement was drafted and was submitted with the application for final plat approval of Phase 1. General Conditions: Condition F. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C - Final Plat) This condition is met. The overall development of phase lA complies with the preliminary approved plans having noted the one discrepancy in the actual application submitted in 2006 which listed 249 lots for phase 1 and lA instead of the actual 285 represented in the application. 0 Condition 9. The preliminary plat approval for phase 1 shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). ® This condition is met. The City Council granted preliminary plat approval on December 4, 2006 and the preliminary approval will expire on December 4, 2009. Prior to final plat: Condition 10. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified in writing by an engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. (Kalispell Design and Construction Standards) ® This condition is met. A letter from the Kalispell Public Works Department dated January 29, 2008 and June 16, 2009 serves to approve the infrastructure design. A letter from Moore Engineering dated 7-1-09 certifies that road and roadway improvements and storm water improvements are in compliance. A letter dated 5- 27-09 from Tim Ranf, P.E. of Pioneer technical Services certifies water and sewer improvements have been inspected and are in compliance with the approved plans and specification. Montana Department of Environmental Quality also provided the necessary approval on June 7, 2007. Condition 11. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built as designed and approved. (Kalispell Design and Construction Standards) ® This condition is met. A letter from the Kalispell Public Works Department dated August 14, 2007 serves to approve water mains, sanitary sewer mains, sewer force mains and sewage pumping station and appurtenant items. A letter from Tim Ranf, P.E. of Pioneer Technical Services, Inc. certifies that water, sewer, stormwater drainage and road construction completed to date has been inspected and is in compliance with the approved plans and specifications. Montana Department of Environmental Quality also provided the necessary approval on June 7, 2007. Condition 12. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current City standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department 5 stating that the drainage plan for the subdivision has been installed as designed and approved. (Kalispell Design and Construction Standards) This condition is met. A letter from the Kalispell Public Works Department dated January 29, 2008 serves to approve the infrastructure design and in a letter dated June 16, 2009 accepting the operation and maintenance of the approved infrastructure. A letter from Moore Engineering dated 7-1-09 certifies that storm water drainage issues have been properly designed and constructed. Condition 13. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/ sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. (Kalispell Design and Construction Standards) This condition is met. A letter from the Kalispell Public Works Department dated January 29, 2008 serves to approve the infrastructure design including the erosion/sediment control plan. The Montana Department of Environmental Quality also received a copy of the approved plan per their letter dated April 25, 2007. Condition 1. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. (Kalispell Design and Construction Standards) ® This condition is met per letter dated June 16, 2009 from Frank Castles, Deputy Public Works Director. Condition 15. The developer shall contact the Army Corps of Engineers to obtain any necessary permits from the Army Corps for the crossing of the wetlands by Silverbrook Drive. Any mitigation required as part of the permit shall be included in the approval of the road construction plans. Such mitigation required for the road crossing shall be completed to the satisfaction of the Army Corps of Engineers prior to final plat and the Army Corps of Engineers shall so certify this in writing to the city. (Findings of Fact, Section C, Wetlands) ® This condition is met. The Army Corps of Engineers indicated after a review of the proposed project in their letter to 93 and Church, LLC dated February 13, 2007, that no activities would impact water of the United States and therefore no permits (or mitigation) are necessary. Condition 16. The developer shall obtain an approach permit from the Montana Department of Transportation (MDT) for Silverbrook Drive. If any improvements are necessary at this intersection, these improvements shall be completed to the satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the city. (Findings of Fact, Section D, Roads) Con ® This condition is met per letter dated June 25, 2009 from James Freyholtz dated June 25, 2009. Condition 17. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003) Chapter 5. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the fire department. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as a fire lane. ® This condition is met per e-mail dated 5-27-2009 from D C. Haas, Kalispell Fire Department. Condition 18. A 12-foot meandering berm shall be constructed within the proposed buffer along Phase 1. The berm shall be landscaped with the landscaping plan reviewed and approved by the Parks and Recreation Department. (Findings of Fact, Section A, Noise) This condition is met. The Parks and Recreation Department approved the landscaping plans for Silverbrook Estates in their letter to CTA dated February 8, 2008. Per site inspection by Chad Fincher, Kalispell Parks, June 30, 2009 work is generally completed. The applicant has entered into a letter agreement and bond to cover the cost of several trees that have been damaged or died since planting. Condition 19. The pedestrian/bike path plan shall be reviewed by the Flathead Conservation District in order for the District to determine if any permits are required. If a permit is required, the developer shall submit a 310 application to the Flathead Conservation District prior to any construction of the pedestrian/bike path. (Findings of Fact, Section D, Parks and Open Space) ® This condition is met. The Flathead Conservation District indicated January 29, 2008 via email that no permits would be necessary for the pedestrian/bike paths planned for the project. Condition 20. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be 7 implemented or a cash in lieu payment for installation of the street trees and groundcover provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11). This condition is met. Street trees and landscaping have been designed for all right-of-ways within phase 1. Landscape drawings dated November 9, 2007 were provided to the Kalispell Parks and Recreation Department for review and the department approved the plans in their letter dated February 8, 2008. Per site inspection by Chad Fincher, Kalispell Parks on July 1, 2009, trees have been installed, however several have since been damaged and are being replaced. The boulevard work is generally completed however the boulevards have not been seeded. The applicant has entered into a letter agreement and bond to cover the cost of the several trees and cost of the seeding. Condition 21. The area designated on the plat as "park" will meet the parkland dedication requirements provided that it is developed to create a recreational amenity within the subdivision. Those park improvements shall be addressed in accordance with a plan approved by the Kalispell Parks and Recreation Director so as to provide a recreational component within the development and, at a minimum, the park improvements shall equal 9.6 acres of land. A letter from the Kalispell Parks and Recreation Department shall be provided at the time of final plat that outlines the improvements and confirms those improvements have been made. (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact, Section D, Parks and Open Space) ® This condition is not applicable and has already been addressed. It applies to phase 1 and not to phase IA. Condition 22. A pedestrian/ bike path plan shall be provided to the Parks and Recreation Department which includes the pathway width and construction materials for the paths located throughout phase 1. Specifications for the bike path construction will be determined by the Parks and Recreation Department with recommendations provided by the Flathead Conservation District in areas where the path required a 310 permit as required in condition 19. (Findings of Fact, Section D, Parks and Open Space) ® This condition is met. Pedestrian/bike paths have been designed for installation within Phase 1 and lA of Silverbrook Estates. Site improvement drawings, including construction material and details, dated November 9, 2007, were provided to the Parks and Recreation Department. Condition 23. The developer shall obtain a permit from the Flathead County Road Department for access onto Church Drive. A letter from the Flathead County Road Department shall be submitted along with the final plat stating that all improvements at the intersection of Church Drive and Silverbrook Drive have been completed or bonded for. (Findings of Fact, Section D, Roads) ® This condition does not apply. Church Drive is now maintained by the City of Kalispell. Condition 24. The following note shall be placed on the final plat: "Construction of homes on lots 1-15 of Block 1 and 1-11 of Block 2 shall utilize sound - absorbent materials along the side of the house facing the highway bypass. (Findings of Fact, Section A, Noise) This condition does not apply to this portion of phase 1. This condition will be noted on the final plat submittal for the remaining lots in phase 1. Condition 25. The following note shall be placed on the final plat: "Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mowing of the grass within the boulevard. Removal of grass or trees within the boulevard and placement of any other kind of materials is prohibited unless approved by the Kalispell Department of Parks and Recreation." 0 This condition is met. The note appears on the face of the final plat. Condition 2. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades to Church Drive." (Findings of Fact, Section D, Roads) ® This condition is met. The note appears on the face of the final plat. Condition 27. The following note shall be placed on the final plat: "This subdivision is located in an agricultural area and potential nuisances such as noise, dust, odors, and irregular hours of operation are to be expected. As such, the right to farm on adjoining properties shall not be restricted as a result of the development or occupancy of this subdivision." (Findings of Fact, Section E) ® This condition is met. The note appears on the face of the final plat. Condition 25. The following note shall be placed on the final plat: "Noise generated by the arena and race track may be heard from your property. The noise may be considered a nuisance." (Findings of Fact, Section A, Noise) ® This condition is met. The note appears on the face of the final plat. Condition 29. The rear property boundaries of lots 1-9 of Block 20, lots 1-3 of Block 16 and lots 7-13 of Block 15 shall be amended to provide for a minimum distance of 50-feet from the top of the bank along the drainage to the rear property boundary. The contour line designating the top of bank shall be determined by City staff and the developer's consultants. (Findings of Fact, Section B) so This condition is met. Planning staff and the project engineer met on -site on December 12, 2006 and determined the top of the bank and measured off 50 feet from the top of the bank to delineate the rear property boundaries for lots 1-9 of Block 20, lots 1-3 of Block 16 and lots 7-13 of Block 15 as shown on the preliminary plat. These lots have been amended on the final plat accordingly. Condition 30. A 30-foot rear yard setback shall be required for all structures on lots adjacent to the Stillwater River Hillside and its tributaries. This would include lots 3-7 of Block 19, lots 1-9 of Block 20, lots 1-3 of Block 16 and lots 7-13 of Block 15. (Findings of Fact, Section B) This condition is met. The note appears on the face of the final plat. Condition 31. 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. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09) This condition is met. The Kalispell Fire Department reviewed the street names and addresses for the Silverbrook Estates subdivision and found them acceptable. This was documented in a memo from the department dated February 15, 2008. Condition. 32. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Subdivision Regulations, Section 3.18) ® This condition is met. Condition 33. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations, Section 3.22) This condition is met per letter dated 1-30-2008 from Elden Marvel, US Postal Service and an invoice dated 6-25-2009 for the CBU mail box units. The Post Office will install them as residents build homes. T Condition 34. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)) ® This condition is met. Full cutoff lenses have been designed and installed for street lighting within Phase IA of Silverbrook Estates. Condition 35. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature (Kalispell Subdivision Regulations, Section 3.18(E)) ® This condition is met. The note appears on the face of the final plat. Condition 36. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. The minimum of two-thirds of the necessary infrastructure shall include the extension of water and sewer mains from the city to the site and necessary lift stations to transport effluent back to the city. All work has been installed and is in place and has been accepted by the city Public Works Department per letter dated June 19, 2009. On going conditions: Condition 37. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) ® This condition is met. All utilities currently installed have been placed underground. Any future utility extensions would be required to be placed underground. Condition 33. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. ® This condition is met. The developer has provided for re -vegetation of disturbed areas in the approved stormwater management plan. Future construction on the site will also have to comply with this condition. The final plat is in substantial compliance with the preliminary plat which was submitted and approved. 11 •"" '" "ice �� ; • �•� � •r This subdivision plat is found to be in substantial compliance with the State and City Subdivision Regulations. All taxes are current per the Flathead County Tax Certification dated June 25, 2009. The title report dated June 11, 2009 notes that a Consent to Pat is required from Glacier Bank. The bank has accordingly submitted a Consent to Plat dated June 30, 2009. This subdivision complies with the Kalispell Zoning Ordinance and the R-2 / PUD zoning designation. 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 schedule this matter for the July 6, 2009 city council agenda You may call me at 758-7940 if I can be of assistance to you regarding this matter. Sincerely, Tom Jentz Director Attachments: Vicinity Map 1 opaque Mylar of final plat 1 reproducible Mylar of final plat 1 blueline of final plat 11" x 17" copy of plat Final Plat application (6-29-09) Title Report, First American Title Company (6-11-2009) Guarantee No: 276616-CT) Consent to Plat, Glacier Bank dated June 30, 2009 Tax certification (6-25-2009) Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates (7-1-07) MDEQ letters (8-14-07; 6-7-07) Kalispell Public Works letter (7-10-07; 6-6-07; 8-14-07; 1-29-08; 6-16- 09) Pioneer Technical Services letter (5-27-09) Moore Engineering letter (7-1-09) MDT letter (1-25-09) Kalispell Fire Department e-mail ((5-27-09) Kalispell Parks and Recreation Department letter (1-17-08) USPS, Flathead Station mailbox approval letter (1-30-08) Sales Receipt dated 6-25-09 for CBU mailbox units 12 c: Howard Mann/93 8s Church, LLC, 3154 Parkwood Lane Bigfork, MT 59911 Wayne Freeman, CTA 1143 Stoneridge Drive Bozeman, MT 59718 Theresa White, Kalispell City Clerk 13 Montana Department ent ofENmowmnQuAuTy Brian Schweitzer, Governor 109 Cooperative Way - Suite 105 - Kalispell, MT 59901-2389 - (406) 755-8985 - FAX (406) 755-9977 Tim Ranf, P.E. August 14, 2007 Pioneer Technical Services, Inc. 201 East Broadway, suite C Helena, MT 59601 RE: Silverbrook Estates, Kalispell, MT EQ#07-2415 Lift Station and Force Main Approval Dear Mr. Ranf: I have reviewed the plans and specifications for the wastewater lift station and forcemains planned to serve Siiverbrook Estates, submitted under the seal of Timothy P. Ranf, PE #8742. The revised submittal was originally received on July 9, 2007, with City of Kalispell approval and revisions to the submittal received on July 13, 2007. Further, a deviation request regarding City of Kalispell wastewater collection system capacity was approved on August 14, 2007. The plans and specifications are hereby approved with the below listed conditions. One copy of the plans and specifications bearing the approval stamp of the Department of Environmental Quality (Department) is enclosed. A second set will be retained as Department Record. Condition One: This approval applies only to the Silverbrook Estates subdivision. While information and system sizing was presented relating to a larger development area along Highway 93, these systems will require separate, individual review and approval. Condition Two: Obviously, the water and sewer system of Silverbrook Estates cannot be put into use until the subsequent system components, submitted separately, along Hwy 93 have been reviewed, approved and installed. Please note that the Department recognizes the City of Kalispell will need to modify some downstream sewer collection infrastructure in order to accommodate this additional wastewater flow at full build -out. Through the information presented in the deviation request and meetings with the City of Kalispell Public Works Department, they have illustrated that they have adequately planned for these upgrades. Centralized Services Division • Enforcement Division - Permitting & Compliance Division • Planning, Prevention & Assistance Division - Remediation lllvision Montana Department of EMRONMMALQUAUTY Brian Schweitzer, Governor 109 Cooperative Way • Suite 105 • Kalispell, MT 59901-2389 • (406) 755-8985 • FAX (406) 755-8977 Tim Ranf, P.E. June 7, 2007 Pioneer Technical Services, Inc. 201 East Broadway, suite C Helena, MT 59601 RE: Silverbrook Estates, Kalispell, MT EQ#07-2415 Dear Mr. Rant. I have reviewed the plans and specifications for water and sewer main extensions for Silverbrook Estates, submitted under the seal of Timothy P. Ranf, PE #8742, utilizing the certified checklist procedure. The submittal was originally received on May 18, 2007, with additions to the submittal received on June 6 and 7, 2007. The plans and specifications are hereby approved with the below listed conditions. One copy of the plans and specifications bearing the approval stamp of the Department of Environmental Quality (Department) is enclosed. A second set will be retained as Department Record. Condition One: This approval applies only to the Silverbrook Estates subdivision. While information and system sizing was presented relating to a larger development area along Highway 93, these systems will require separate, individual review. Condition Two: This approval applies only to the water mains and gravity sewer mains located within Silverbrook Estates subdivision. Approval of the sewer force mains, sewer lift station, well pumphouse and disinfection/treatment system is NOT granted at this time. Well drawdown and yield information for both wells, water rights information, handling of the elevated manganese in the water source, appropriate fees and revised plan sheets addressing the City of Kalispell revisions must be submitted prior to review of these subsequent components of the system. Condition Three: Obviously, the water and sewer system of Silverbrook Estates cannot be put into use until the subsequent system components mentioned above and forthcoming infrastructure along Hwy 93 have been reviewed, approved and installed. Condition Four: In reference to plan sheet WSD-2, please clarify with the construction contractor the requirements for pipe restraint, if the thrust restraint system (using Megalug retainer glands as shown in the details) is used in lieu of the conventional concrete thrust block system. Per manufacturer's recommendations, either a solid section of pipe must be provided within the required length of pipe restraint or in -line pipe restraint glands must be installed at each pipe joint within the required length of pipe restraint. Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division r' City of Kalispell Public Narks Department Post. Office Box 1997, Kalispell, Montana 59903-1997 -Telephone (406)758-7720. Fax (406)758 7831 July 10, 2007 Department of Environmental Quality Permitting and Compliance Division PWS/CSB 109 Cooperative Way, Suite 105 Kalispell, Montana 59901 Attention: Emily Gillespie, P.E. Environmental Engineer RE: Silverbrook Estates, Phase I Kalispell, Montana Dear Max, This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by Pioneer Technical Services, Inc., for the wastewater pumping station and the sanitary sewer force mains. 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. Slncerel Frank sties, A.E. Deputy Public Works Director/Assistant City Engineer cc: Tim Ranf, P.E. Pioneer Technical Services, Inc. P.O. Box 3445 Butte, Montana 59702 Erik Kirsch, P.E. CIA 1143 Stoneridge Drive Bozeman, Montana 59718 -, . vc.'C.4.I 1 }J.N 0 City of, Kalispell Public Narks Department Post 0fricc Box 11997. Kalispell. i fonlana 393D3-1997-Tc[cpbonc (406)75877Z0, Fh (406)758 7831 June 6, 2007 Department of Environmental Quality Permitting and Compliance Division PWSJCSB 109 Cooperative Way, Suite 105 Katispell, Montana 59901 4 Attention: Walber M. Lauder, P.E. Environmental Engineer Specialist .I RE: Silverbrook Estates, Phase I Kalispell, Montana Dear Marc, This letter is to confirm th6t the City of Kalispell has reviewed and approved the construction plans and specifications prepared by Pioneer Technical Services, Inc., for the water mains, sanitary sewer mains, and appurtenant items. This approval is not for the wastewater pumping station, the water well equipment, or the sanitary sewer force mains. I The Kalispell water distribution system and sanitary sewer system has adequate capacity to serve the pmjeet. Please feel free to calf if you have any questions. Sincerely Frank sties, P.E. Deputy Public Works Diirectar/Assistant City Engineer cc: Tim Ranf, P.E. Pioneer Technical Services, Inc. P.Q. Box 3445 Butte, Montana 59702 City of Kalispell Public Works Department ° Post Office Box 1997. Kalispell, Montana 59903-1997 - Telephone (406) 758-7720, Fax (406) 758.7831 ,f August 14, 2007 Environmental Health Services Flathead Clty-County Health Department 1035 First Avenue West Kalispell, Montana 59901 Attention: Dick Montgomery, P.E. RE: Silverbrook Estates U.S. 93 Utility Main Extension Kalispell, Montana Dear Dick, This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by CTA Architects and Engineers, Inc., for the vklater main(s), sanitaiy sewer main(s), sewer force main(s), sewage pumping station and appurtenant itk::rns. 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. Sinc r y, F nk Castle *,E. Deputy Public Works Director/Assistant City Engineer cc: Pat White, P.E. CTA Architects and Engineers, Inc. P.O. Box 1439 Billings, Montana 59101 - z City of Kalispell Public Works Department - Post Office Box 1997, Kalispell, Montana 59903-1.997 - Telephone (406)758-7720, Fax (406)758-7831 January 29, 2008 Pioneer Technical Services, Inc. P.O. Box 3445 Butte, Montana 59702 Attention: Tim Ranf, P.E. RE: Silverbrook Estates, Phase I Kalispell, Montana Dear Tim: The construction plans and supporting documents for City owned and maintained infrastructure within the referenced project (Phase I) are hereby approved. Approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the standards currently in effect. We look forward to working with you on this project. Sincer y, Frank Castles, P.E. Deputy Public Works Director/Assistant City Engineer bb/ 1 y(Lbb'J Ob: t)b 46b tbZOdbb r1UNttK I tl," rsAut cal! cal June 16, 2009 Pioneer Technical Services, Inc. P. 0. Box 3445 Butte, Montana 59702 Attention: Tim Ran€, P.E. Re: Silverbrook Estates, Phase Kalispell, MT Dear Tim, R,Er'1=1v,7F► JUN .'1.9 20!1�) The City of Kalispell hereby accepts for operation and maintenance the City owned infrastructure. This acceptance is based on certification from the Project Engineer that the City infrasftcture was installed in accofdance with the approved plans, specifications and City of Kalispell Standards for Design and Construction. The two year warranty shall begin on the acceptance of the final plat by City Council. Should you have any questions, do not hesitate to contact this office. sl ely, rank Castles, P.E. Deputy Public Works Direr 2011'Avenue E=Y4 P.O. Box 1997, KeOpeg MT S9903 drone (406) 70-7720 Far' (,96075*,'M3i ww w ka�cam RO Box 3445, Butte, MT 59702 2 MAI L' S :IIYC, www.pioneer-technicaLcom May 27, 2009 Prank Castles, P.E. Deputy Public. Works Director City ofKali spell, Public Works Dept 3061st Avenue East PO Box 1997 Kalispell, MT 5,9903 RE: Silverbrook Estates Phase I Sanitary Sewer and Water Distribution System. Certification Dear Frank, This letter is to certify that all sanitary sewer, and water distribution system infrastructure improvements .constructed to date at Silverbrook Estates Subdivision that have been the responsibility of 93&Church; LLC have been constructed in accordance with the Contract Plans and Specifications and more specifically Montana_ Public Works. Standard Specifications and City of Kalispell Design and Construction Standards. Sanitary. Sewer and Water Distribution System Certification: Tim. P.Ranf, P.E. 87 2.P t . IST A1.��`' �t1RttSt�t1A'� �. , UR Z � 201 East Broadway, Suite C. 63.112 West Broadway 307 East'Park Street, Suite 303 Helena, MT 59601 Butte, MT 59701 Anaconda, MT 59711 Phone (406) 457-8252 Phone (406) 782-5177 Phone (406) 563-9371 Fax.(406) 442-1158 . Fax (406) 782-5866 Fax (406) 563-9372 b10f1"/ jxuv-evnsunrerpttrmr ci JVP%regvi blc-hosed rnb - MOORE F: ENGINEERING, PLLG 513 Hilltop Road, Suite 7 Billings, %ff 59105 July 1, 2009 Frank Casltes, P.E. Deputy Public Works Director/ Assistant City Engineer P.O. Box 1977 Kalispell, MT 59903 RE: Silverbrook Estates, Phase 1 B Kalispell, MT Dear Mr. Castles: This is to certify that all roadway, stormsewer, ponds, signing and other infrastructure improvements for Phase I B of the Silverbrook Plat as detailed in the As -Built drawings dated 12/02/2008 have been constructed in accordance contract plans and specifications and more specifically Montana Public Works Standard Specifications and City of Kalispell Design and Construction Standards. Roadway & Stormsewer Certification. CIVIL" TRANSPI W Montana Department of Transportation Jim Lynch Director serNagyou with pride Brian Schweitzer, Governor Kalispell Area Office 85 Fifth Avenue East North PO Box 7308 Kalispell, MT59904-0308 June 25, 2009 Stephen Herzog CTA Architects Engineers ##2 Main Street, Suite 205 Kalispell, MT 59901 Subject: Silverbrook Estates Silverbrook Drive — US 93, MP 118.8 .lU6d 26 M-9 I BY..... ................ This letter is in regards to the Silverbrook Drive access, which is a dedicated city street, from US 93 for the Silverbrook Estates development. MDT's Stillwater River — North construction project on US 93 includes all needed traffic mitigation measures in regards to the Silverbrook Estates development. Thus the access is acceptable and the developer has no other required improvements regarding this access. Feel free to contact me if you have any questions. James M. Freyholtz, P.E. Kalispell Area Traffic Engineer (406) 751-2066 copies: File Phone: (4061751 2000 An Equal Opportunity Employer 77y: (800) 335-7592 Fax: (4061752 5767 Web Page: www.mdt.mtgov Matt Stark - ICE: Silverbrook fire zones From: "D.C. Haas" To: "'Matt Stark"' Date: 5/27/2009 2:31 PM Subject: RE: Silverbrook fire zones Matt, I do not see any new issues that would affect the Fire Department. Thank you for the opportunity to comment. From: Matt Stark [mailto:matts@ctagroup.com] Sent: Thursday, May 21, 2009 9:19 AM To: DC Haas Subject: RE: Silverbrook fire zones Thanks for getting back to me. I've attached a copy of the current final plat for Phase 1A (the SE quadrant of Silverbrook Estates). Also, a copy of the PUD conditions I was referring to and the responses used for the first Phase 1 final plat submittal. In particular, points #17 & 31 address approval from the fire department specifically. Also, just checked with my boss, who was up there last week, and he informed me that street signs for all of Phase 1 and Phase 1A are being installed as we speak. Thanks for your time and review in this matter. Please let me know if you feel that responses used from the previous submittal still apply and can be used as part of the 1A submittal or if new letters of approval are needed from the Fire Dept. Thanks, From: Matt Stark [mailto:matts@ctagroup.com] Sent: Wednesday, October 15, 2008 3:57 PM To: DC Haas Subject: Silverbrook fire zones 61M of Xalisp ejl A,. Parks and Recreation January 17, 2008 CTA Architects, Engineers 1143 Stonerldge Drive Bozeman, MT 59718 Phone: 406-556-7100 Re: Silverbrook Estates To Whom It May Concern: 35 18t Ave East — P 0 Box 1997 — Kalispell MT 59903-1997 Phone: (406) 758-7960 Fax: (406) 758-7719 Email: clincher@kalispell.com RECEIVED JAN 21 2000 This letter Is to serve as approval on the proposed landscaping plans for Silverbrook Estates per the plans submitted by your office. It is agreed that if the project is extended, the developer will be responsible for banding for landscaping improvements as specified on the submitted plan for the Silverbrook Estates. Tree plantings are required to meet the Street Tree Ordinance standards of 2 1/" caliper and of an approved species from the Kalispell Parks department planting list, Boulevards are to be seeded or sodded to meet city standards. The bike trail will need to be a solid surface (concrete or asphalt) with the exception of the path that leads down to the Stillwater River. This section of bike path will be of compacted crush gravel and overlaid with Polypavement In accordance to manufactures recommendation for bike and pedestrian paths. It is also agreed that the developer will substitute out the Patmore Green Ash for another species off of the acceptable plantings street tree list. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings, at which time bonding and/or letter of credit would be released if it is in place. It should be noted that the trees and landscaping are under a warranty period and should they die within this time frame, the developer will be responsible for replacement. It has been enjoyable working with you, if you have any concerns or questions please give me a call. Sincerely, r Chad Fincher, Parks Superintendent Kalispell Parks and Recreation CC: Tom Jentz, Kalispell Planning 01/30/20013 10: 21 4EJG75513376 FLATHEAD PAGE 01 FLATHEAD STATION 248 FIRST AVENUE WEST KALISPELL MT 6291)1 January 30, 200B To Flathead County Planning Board,-, U Re: SlIverbrook Estates To Whom It May Concern: ............. . ...... ..... ....... The above referenced project has been reviewed. A suitable location for mall delivery has been established, Centralized boxes will -be installed with a turnout 10 feet wide and 20 feet long for the carrier to 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 Ica and snow. If you have any questIons please feel free to CBII me at (406) 755-0187. Sincerely yours: D& Elden Marvel Manager Customer Services 1400} 75"187 FA)c (408-7BS-076 A.,lt 12308 Mulalteo Speedway Suite 3 ARC"rMCM01 2Vlukilteo, WA 98275 BUILDING S P E C )ALT1 ES - Sold To 93 and Cbtuzch L LC 3154 Packwood lane Biglork, MT 59911 ReceiptSales Date Sate No. 6125/2009 1321 Check No. Paymeni Method Project 1725 Check Description Qty Rate Amount ij$PS A.pptavcd 1570E 'Type I1116 unit CBU mailbox wiitb pedestal 17 1,000.00 17,000.00 Sandstone LISPS Approved 1570F Type JT 12 unit CBU mailbox with pedestal 1 960.00 980.00 'LISPS Approved 1570 Type I112 unit CBU ma lboxwith pedestal 1 980.00 980.00 Sales Tax 8.9% 8.900/0 0.00 D- Tback you for your business. Total S1$1960.00 Phone## Fax# ` 425-315-8545 425-265-1020 1j Z'd 09ZZ99L90t, uu8n d£,VVO 60 9Z unf Planning Department 201 t" Avenue East "ispefl, MT 59901 Phone: (406) 758-7940 Far: (406) 758-7739 w�tw.k,ilispell.com/planiiina FINAL PLAT APPLICATION Project /Subdivision Name: Silverbrook Estates Ph 1A Contact Person: Owner 8s Mailing Address: Name: Wayne Freeman Howard Mann Address: CTA Bozeman 3154 Parkwood Ln 1143 Stoneridge Drive Bozeman, MT 59718 Phone No.: 406-556-7100 Date of Preliminary Plat Approval: December 4, 2006 Type of Subdivision: Residential X Industrial Total Number of Lots in Subdivision 178 Land in Project (acres) 78.413 Big Fork, MT 59911 Commercial PUD Parkland (acres) 3.9 Cash -in -Lieu $ N/A Exempt No. of Lots by Type: Single Family 178 Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family Other Legal Description of the Property FILING FEE ATTACHED $ 23,050.00 Minor Subdivision with approved preliminary plat Major Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement Other $400 + $125/lot $800 + $125/lot $800 + $125/lot $50 N/A Attached Not Applicable (MUST CHECK ONE) X — Health Department Certification (Original) X — Title Report (Original, not more than 90 days old) X — Tax Certification (Property taxes must be paid) X — Consent(s) to Plat (Originals and notarized) X — Subdivision Improvements Agreement (Attach collateral) X Parkland Cash -in -Lieu (Check attached) X — Maintenance Agreement X — Plats: lopaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned I 1X17 Copy 11X17 Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvement-, are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process, **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applications be accompanied with a digital copy. Z, 17 Owner(s) Signature Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following lavers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision comer or a corner of the public land survey system 0 X000 _BIC# W 02Q W474 Glacier Bank of Whitefish, being record owner(s) of an interest in that tract of land located in Section Thirteen (13), Township Twenty -Wine North (T. 29 N.), Range Twenty West (R. 22 W), Principal Meridian Montana, Flathead County, Montana, platted by the annexed plat of A Subdivision flat Silverbrook Estates Phase IA, do hereby consent to the platting and dedication made and given by the Certificate and Dedication of said plat. a , Glacier Bank of itefish Title: V 14-e 2e"cP h' W' STATE OF Alvivrf YVA- County of l-* 7-d",57 This instrument was signed and sworn to Woe rn n this day of � , 2009, by pro u I of Glacier Bank of White"AIIAIA 644C0-19- f Printed e.�r Vl y s E AL Notary Public for the State of '+' YN Residing at My Commission expires J _ IQ- till-d ZOO/ZOO'd 099-1 l£0£ 989 90ti 1W UNDtag ylo- ui 0£:91 OOOZ-0£-90 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: F & H FOR: 93 & CHURCH LLC DATE: 11/25/08 DESCP : SILVERBROOK EST PH 1A PURPOSE: SUB. jr. 1, 2 & 3AA in 13-29-22) YEARS ASSESSOR # 2005 ONLY 0460011 2005 THRU 2008 0460013 2007 THRU 2008 0012146 I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. jUN 2 5 ��09 o� Deputy Treasurer ' (seal) F MO Subdivision Guarantee Form 110-1282 (Rev.3/31/04) Guarantee No.: 276616-CT GUARAN-T-EA s First American /errcan Title Company 704 South Main/P. O. Sox 1310, Kalispe/I, MT 59901 Title Officer.- Tracy Martin Phone: (406)752-5388 FAX: (406)752-9617 Form No.110-1282 (Rev 3/31/04) 1100041P129500 Subdivision Guarantee Form 110-1282 (Rev.3/31/04) Guarantee No.: 276616-CT Form 1349 CLTA Guarantee Face Page (Revised 12/15/95) First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, First American Title Insurance Company a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. First American Title Insurance Company BY PRESIDENT 4 ATTEST SECRETARY First American Title Company By. ! AUTHORIZED SIGNATORY Guarantee No.: 276616-CT Subdivision Guarantee Form 110-1282 (Rev.3/31/04) Order No.: 276616-CT Guarantee No.: 276616-CT Fee: $150.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: F & H Land Surveying, Inc. FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: Legal Description attached hereto as Exhibit A, and by this referenced incorporated herein. (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: 93 and Church, LLC, a Montana limited liability company -Vested Owner Glacier Bank of Whitefish - Beneficiary (B) Parties holding liens or encumbrances on the title to said lands are: 1. 2009 taxes and special assessments are a lien; amounts not yet determined or payable. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year 1st Half 2nd Half Parcel Number Affects 2008 $2,481.25 $2,481.22 75-0460013 A Portion (PAID) (PAID) 2008 $1,633.37 $1,633.34 44-0012146 A Portion (PAID) (PAID) Subdivision Guarantee Form 110-1282 (Rev.3/31/04) Guarantee No.: 276616-CT 2. Mortgage, to secure an original indebtedness of $23,615.423.00, dated August 21, 2007 and any other amounts and/or obligations secured thereby. Recorded: August 22, 2007 , as Instrument No. 2007-00025568 Mortgagor: 93 & Church, LLC, a Montana limited liability company Mortgagee: Glacier Bank of Whitefish 3. Mortgage, to secure an original indebtedness of $3,731,327.00, dated August 21, 2007 and any other amounts and/or obligations secured thereby. Recorded: August 22, 2007 , as Instrument No. 2007-00025569 Mortgagor: 93 & Church, LLC, a Montana limited liability company Mortgagee: Glacier Bank of Whitefish (C) Easements, claims of easements and restriction agreements of record are: County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. Water rights, claims or title to water, whether or not the matters are shown by the public records. 6. Easement for Highway Right of Way granted to State of Montana, recorded February 7, 1933 in Book 211, Page 283 as Instrument No. 263. 7. Easement for Right of Way granted to Mountain States Power Company, recorded May 30, 1952 in Book 317, Page 584. 8. Resolution No. 837-A by the Flathead County Board of Commissioners for the creation of the Highway 93 North Zoning District recorded April 27, 1992, as Doc. No. 92-118-12020. 9. Terms and conditions of an Agreement contained in Bargain and Sale Deed by and between Robert E. Koenig and Herbert W. Koenig AND The State of Montana for private approach and access control, recorded July 21, 1992 as Instrument No. 92-203-11260. 10. Easement for electric transmission or distribution line or system granted to Flathead Power Co., recorded May 22, 2002 as Instrument No. 2002-142-08300. 11. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed by Certificate of Survey(s) No. 15896, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restriction violate 42 USC 3604 (c). 12. Any claim arising from the difference in the mean low water line of the unnamed creek and the meander line as shown by the Original Government Survey. 13. Right, title and interest of the State of Montana within the natural bed of the unnamed creek below the ordinary low water line, and also excepting any artificial accretions waterward of said ordinary high water line. Subdivision Guarantee Guarantee No.: 276616-CT Form 110-1282 (Rev. 3/31/04) 14. Public right and easements for commerce, recreation, navigation and fishery. 15. Provisions in deed between H & V Koenig Limited Partnership and 93 and Church, LLC, recorded September 20, 2005 as Instrument No. 2005-263-15040 . 16. Provisions in deed between H & V Koenig Limited Partnership and Herbert W. Koenig and Lavonne M. Koenig, recorded November 16, 2005 as Instrument No. 2005-320-16340 . 17. Easement for electric transmission and distribution line granted to Flathead Power Co., recorded March 2, 2006 as Instrument No. 2006-061-08180. Affects: Premises and other property 18. Easement for highway purposes for the construction, reconstruction and maintenance of a highway granted to State of Montana Department of Transportation, recorded April 5, 2006 as Instrument No. 2006-095-15020. 19. Easement for highway purposes for the construction, reconstruction and maintenance of a highway granted to State of Montana Department of Transportation, recorded May 23, 2006 as Instrument No. 2006-143-14560. 20. Resolution No. 5129B, executed by the City Council of the City of Kalispell, to be known as the Highway 93 North Growth Policy Amendment, recorded August 11, 2006 as Instrument No. 2006- 223-08320. 21. Assignment of the Latecomers Agreement for Reimbursement for Municipal Water and Sewer Extensions by and between 93 & Church, LLC, a Montana Company, The City of Kalispell, a municipal Corporation and Glacier Bank of Whitefish, recorded September 13, 2007 as Instrument No. 2007-00028024. 22. Covenants, Conditions and Restrictions recorded March 5, 2008 as Instrument No. 2008- 00006090, but omitting any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status, or national origin to the extent that such covenants, conditions or restrictions violate 42 USC 3604(c). 23. Provisions in deed between 93 & Church, LLC, a Montana limited liability company and Howard T. Mann, recorded March 18, 2008 as Instrument No. 2008-00007415 . 24. Covenants, Conditions and Restrictions recorded March 26, 2008 as Instrument No. 2008- 00008099, but omitting any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status, or national origin to the extent that such covenants, conditions or restrictions violate 42 USC 3604(c). 25. Planned Unit Development Agreement Silverbrook Estates Subdivision upon the terms, conditions and provisions contained therein: Parties: 93 & Church LLC and the City of Kalispell Recorded: April 29, 2008, as Instrument No. 2008-00011582 Subdivision Guarantee Form 110-1282 (Rev.3/31/04) Guarantee No.: 276616-CT 26. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed on the recorded plat of said proposed subdivision, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 27. Ordinance No. 1597 by the City of Kalispell recorded April 20, 2009 as Instrument No. 2009- 00009936. 28. Latecomers Agreement for Reimbursement for Municipal Water and Sewer System Extensions upon the terms, conditions and provisions contained therein: Parties: 93 & Church, LLC and the City of Kalispell Recorded: April 29, 2009, as Instrument No. 2009-00011958. Date of Guarantee: June 11, 2009 at 7:30 A.M. Guarantee No.: 276616-CT Subdivision Guarantee Form 110-1282 (Rev.3/31/04) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) Subdivision Guarantee Form 110-1282 (Rev.3/31/04) Guarantee No.: 276616-CT 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 1 First American Way, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12/15/95) Subdivision Guarantee Form 110-1282 (Rev.3/31/04) Guarantee No.: 276616-CT S 1 1j F" tit �l FirstAmerican Title Company 704 South Main/P.O. Box 1310, Kalispell, MT 59901 Phone(406)752-5388 - Fax(406)752-9617 PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fairinformation Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Tnformatlon Values We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights Reserved Subdivision Guarantee Form 110-1282 (Rev.3/31/04) Guarantee No.: 276616-CT THAT PORTION OF THE EAST ONE-HALF (El/2) OF SECTION THIRTEEN (13), TOWNSHIP TWENTY-NINE NORTH (T.29N.), RANGE TWENTY-TWO WEST (R.22W.),P.M.M., FLATHEAD COUNTY, MONTANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID El/2 OF SAID SECTION 13; THENCE SOUTH 00012'24" E AND ALONG THE EASTERLY LINE OF SAID SECTION 13, 1627.96 FEET THENCE SOUTH 8904331" WEST 143.15 FEET TO THE WESTERLY RIGHT OF WAY OF U.S. HIGHWAY NO. 93 AND THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 8904331" WEST 138.42 FEET; THENCE NORTH 45000'00" WEST 145.62 FEET; THENCE NORTH 68044'08" WEST 60.00 FEET TO THE NORTHERLY BOUNDARY OF SILVERTIP TRAIL, SAID POINT BEING ON A 380.00 FOOT RADIUS CURVE TO THE RIGHT, CONCAVE NORTHWESTERLY AND HAVING A RADIAL BEARING OF NORTH 68044'08" WEST; THENCE ALONG SAID NORTHERLY BOUNDARY THE FOLLOWING FOUR COURSES: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 68030'22" AN ARC LENGTH OF 454.35 FEET; THENCE SOUTH 89046'14" WEST 213.32 FEET TO THE BEGINNING OF A 380.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 54037'14" AN ARC LENGTH OF 362.26 FEET TO A 530.00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22013'00" AN ARC LENGTH OF 205.51 FEET; THENCE NORTH 7604942" WEST AND LEAVING SAID CURVE 62.45 FEET; THENCE NORTH 51012'55" WEST 122.29 FEET; THENCE NORTH 64021'50" WEST 227.66 FEET; THENCE SOUTH 68044'10" WEST 178.19 FEET; THENCE SOUTH 1704521" WEST 115.33 FEET; THENCE SOUTH 08022'44" EAST 95.33 FEET; THENCE SOUTH 21039'33" WEST 91.34 FEET; THENCE SOUTH 03052'38" WEST 99.93 FEET; THENCE SOUTH 12050'20" WEST 105.04 FEET; THENCE SOUTH 30026'24" WEST 76.05 FEET; THENCE SOUTH 50011'42" WEST 176.49 FEET TO THE EASTERLY BOUNDARY OF SILVERBROOK DRIVE; THENCE SOUTH 39028'05" EAST AND ALONG THE EASTERLY BOUNDARY OF SILVERBROOK DRIVE 149.23 FEET TO THE NORTHERLY BOUNDARY OF EAST MONTURE RIDGE; THENCE ALONG SAID NORTHERLY BOUNDARY THE FOLLOWING THREE COURSES: NORTH 50022'06" EAST 81.17 FEET; THENCE NORTH 47055'28" EAST 24.73 FEET; THENCE NORTH 4304246" EAST 35.98 FEET; THENCE SOUTH 61007'49" EAST AND LEAVING SAID NORTHERLY BOUNDARY 79.93 FEET TO THE EASTERLY BOUNDARY OF LAZY CREEK WAY AND THE BEGINNING OF A 280.00 FOOT RADIUS CURVE TO THE RIGHT, CONCAVE SOUTHWESTERLY; THENCE ALONG SAID EASTERLY BOUNDARY THE FOLLOWING FOUR COURSES: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22002'07" AN ARC LENGTH OF 107.68 FEET TO THE BEGINNING OF A 1490.00 FOOT RADIUS COMPOUND CURVE HAVING A RADIAL BEARING OF NORTH 50054'19" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30057'04" AN ARC LENGTH OF 804.89 FEET; THENCE SOUTH 08008'38" EAST 184.25 FEET TO THE BEGINNING OF A 760.00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 82020'27" AN ARC LENGTH OF 1092.21 FEET; THENCE Subdivision Guarantee Form 110-1282 (Rev.3/31/04) Guarantee No.: 276616-CT NORTH 89030'56" EAST AND LEAVING SAID EASTERLY BOUNDARY 34.13 FEET; THENCE SOUTH 15011'14" EAST 62.03 FEET TO THE BEGINNING OF A NON -TANGENT 1040.00 FOOT RADIUS CURVE HAVING A RADIAL BEARING OF SOUTH 84057'26" WEST; THENCE ALONG SAID CURVE AND ALONG THE EASTERLY BOUNDARY OF SWEDE TRAIL THROUGH A CENTRAL ANGLE OF 04027'07" AN ARC LENGTH OF 81.81 FEET; THENCE SOUTH 00035'27" EAST ALONG SAID EASTERLY BOUNDARY 53.02 FEET TO THE NORTHERLY BOUNDARY OF SILVERBROOK DRIVE; THENCE NORTH 89031'12" EAST AND ALONG SAID NORTHERLY BOUNDARY 608.76 FEET TO THE WESTERLY BOUNDARY OF U.S.HIGHWAY NO. 93; THENCE NORTH 00016'30" WEST AND ALONG SAID WESTERLY BOUNDARY 2244.72 FEET TO THE POINT OF BEGINNING. BY:' STATE OF MONTANA ) ss. COUNTY OF FLATHEAD ) This instrument was acknowledged before me on day of by as Assistant Secretary of First American Title' HILLIPS AM I Puatg for the of MOnlana 110siding hi s �jv Marlon, Montana J�b,�, AN ftainlissiorl Expires February 1, 2012 PI2: AFFGRP FLI st American Title Company 704 South MainlP.0. Box.1310 Kalispell, MT 59901 Phone: (406)752-5388 / F rv: (406)752-9617 Invoice To. Silverbrook Realty Invoice No.: 3430 U.S. Highway 93 North Date: Kalispell, MT 59901 Our File No.: Title Officer: Escrow Officer: Customer ID: Attention: Larry Sartain Your Reference No.: RE: Property: Liability Amounts No Address Given, Kalispell, MT 59901 Owners: Lenders: Buyers: 93 & Church LLC Sellers: Ofc: 0066 (5254) 5254 - 66104231 11/11/2008 276616-C1' Tracy Marti n / TRMARTIN SB R2 Description of Charge Invoice Amount Guarantee -Subdivision Guarantee i $150.00 Continents: INVOICE TOTAL $150.00 Thank you for your business? 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Box 759 Kalispell, MT 59903-0759 RESIDENTIAL AND COMMERCIAL DEVELOPMENT MONTANA July 1, 2007 THIS DECLARATION of Covenants, Conditions, Restrictions and Reservations is made for the purpose of establishing and governing Silverbrook Estates, a mixed residential and commercial development in the city of Kalispell in Flathead County, Montana. The Declaration is made by the owner and developer of the property, 93 and Church, LLC, a Montana limited liability company referred to herein as the "Declarant." The Declaration shall be effective July 1, 2007. RECITALS THE DECLARANT is the owner of certain real property situated in Flathead County, Montana, which is more particularly described on Exhibit A attached to this Declaration and by this reference made a part hereof. This property is the site of a mixed residential and commercial development to be known as "Silverbrook Estates," sometimes referred to herein as the "Property;" and THE DECLARANT desires to subject the Property, together with all the buildings and other improvements now or hereafter constructed thereon, as well as all appurtenances to the Property, to this Declaration; and THE DECLARANT further desires to establish for its own benefit and for the mutual benefit of all fixture owners of the Property, or any part thereof, certain covenants, conditions, restrictions, easements, rights, privileges, assessments and liens as set forth herein which shall encumber and run with the Property and shall apply to all buildings and other improvements now or hereafter constructed thereon; and Deciaration of COVe77ants — Silverbrook Estates Page 1 THE DECLARANT intends that the future owners, and all other persons who may acquire an interest in the Property shall at all times hold their interest subject to the burdens of, and enjoy the benefits of, the provisions of this Declaration which is made and recorded in fcu therance of establishing an outstanding and environmentally sensitive residential and commercial community governed by this Declaration and its rules for the use, occupancy, management and enjoyment of the Property, which rules are designed to protect and enhance the value, desirability and attractiveness of the Property and all buildings and other improvements constructed thereon, while minimizing any negative impacts the development may have on the natural environment. ARTICLE I DECLARATION AND IMPOSITION OF COVENANTS AND STATEMENT OF DEVELOPMENT PHILOSOPHY Section 1.1 Statement of Purpose: The purpose of the Declarant in making this Declaration and subjecting the Property to it is to create an outstanding and carefully planned mixed residential and commercial community to be known as Silverbrook Estates (the "Project" or "Silverbrook Estates"). The purpose of this document is to assist Owners in Silverbrook Estates by providing a framework for the design, construction, maintenance and use of their individual property within the subdivision. This will allow each individual project to contribute to the long- term goal of creating a development that compliments and enhances the surrounding natural environment. This document also explains the rules and restrictions that are intended to protect the landscape, wildlife, and use of property for the protection and enjoyment of all Owners in Silverbrook Estates. This document together with the Silverbrook Estates Design Guidelines also outlines appropriate architectural elements that reflect the specific context and environment of Silverbrook Estates. Specific Objectives of this Declaration are: ■ To protect and enhance the natural enviromment, wildlife and individual property values; ® To respect environmental conditions as well as neighbors; To impose architectural criteria for buildings which allow for individual expression but also establish clearly delineated parameters; To address all types of development and property use, including buildings, landscaping, maintenance, water usage, fences, signs, driveways, utility installation, parking, lighting and maintenance. Declaration of Covenants — Silverbrook Estates Page 2 Section 1.2 Right to Expand. The Declarant may acquire in the fixture additional real estate which it may desire to incorporate into Silverbrook Estates (the "Expansion Property"), and the Declarant has reserved the right, but will not be obligated, to incorporate the Expansion Property in whole or in part in accordance with the annexation procedures set forth in Article XVIII below, so that the Expansion Property, if and when annexed and developed, will be treated as an integral part of the planned community of Silverbrook Estates. Section 1.3 Imposition of Covenants. To accomplish the purposes outlined above, the Declarant hereby declares that from the date of recording this Declaration forward, the Property will constitute a planned community known as Silverbrook Estates, and will be held, sold and conveyed subject to the covenants, conditions, restrictions, easements and other reservations set forth herein (collectively, the "Covenants"). The Covenants will run with the land and will be binding upon all persons and entities having any right, title, or interest in all or any part of the Property (including Declarant) and their heirs, successors and assigns, as well as their tenants, employees, guests and invitees. These Covenants will inure to the benefit of each Owner of the Property. ARTICLE II DEFINITIONS The following terms are given the definitions set forth below, and when used in this Declaration the defined terms are capitalized. Section 2.1 Association and P.O.A. shall mean the Silverbrook Estates Property Owners Association. The Association may be incorporated as a Montana nonprofit corporation, with its Members as the residential Lot Owners. The Declarant reserves the right to create associations of the commercial property owners and/or the townhome Lot owners, as well as a master association with over -arching jurisdiction over the other associations. Declarant reserves the right to structure these associations of the Silverbrook property owners in the manner Declarant believes best serves the interests of Silverbrook Estates. Section 2.2 Contract Purchaser shall mean a person buying a Lot pursuant to a contract for deed, Montana Trust Indenture or mortgage. Section 2.3 Covenants shall refer to the Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates (this document). Section 2.4 Declarant shall mean and refer to 93 and Church, LLC, and its successors and assigns. Section 2.5 Directors shall mean the Board of Directors of the Association, and shall consist of a President, Vice President, Secretary and Treasurer, who shall be Declaration of Covenants — Sthverbrook Estates _Page 3 elected at the annual meeting by a simple majority of the Members of the Association, and a Commercial Representative to be designated by the commercial Lot Owners. Section 2.6 Design Guidelines shall mean the guidelines and rules adopted and amended and supplemented from time to time by the Design Review Committee. Section 2.7 Improvement(s) shall mean all buildings, parking areas, loading areas, fences, walls, hedges, plantings, lighting, poles, driveways, roads, ponds, lakes, trails, gates, signs, changes in any exterior color or shape, excavation and all other site work, including, without limitation, grading, road construction, utility improvements, removal of trees or plantings, and any new exterior construction or exterior improvement which may not be included in the foregoing. Improvement(s) does not include turf, shrub, or tree repair or replacement or changes to existing buildings which do not change exterior colors or exterior appearances. Improvement(s) does include both original improvements and all later changes to improvements Section 2.8 Lot(s) shall mean all of the real property herein described and subsequently surveyed and platted into lots as Silverbrook Estates development, according to the official plats thereof filed of record in the office of the Cleric and Recorder of Flathead County, Montana. There will be lots for individual residences, townhome lots and commercial lots. Section 2.9 Majority shall mean fifty-one percent (51 %) or more of cast votes in reference to the Association and its Members. Section 2.10 Member shall mean any Owner or Lot Owner of a residential Lot. Each Member or Owner agrees to abide and be bound by these Covenants, the Articles of Incorporation, and the Bylaws and the Resolutions of the Property Owners Association. Section 2.11 Open Space or Common Area shall mean all of the property conveyed to the Association for use by the Association and its Members and Owners in common including roads, trails, parks and waterways. Common Area also includes those areas not -conveyed to the Association, but with respect to which the Association has responsibility, such as boulevards, sidewalks and landscaped areas within road rights -of - way owned by the City of Kalispell. Section 2.12 Owner or Lot Owner shall mean any person or entity owning a fee simple interest in a Lot or a Contract Purchaser, whether one or more persons or entities, owning or purchasing a Lot, but excluding those having a mortgage or an interest merely as security for the performance of an obligation, provided, however, that prior to the first conveyance of a Lot for value, the term "Owner" shall mean "Declarant" or its successors or assigns. The term "person" hereinafter shall include any person, persons or entities. Section 2.13 Period of Declarant Control shall mean 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 earlier of; (i) the date which is seven (7) Declaration of Covenants — Silverbrook , states Page 4 years later, or (ii) the date on which the Declarant has sold seventy-five percent (75%) of the Lots in Silverbrook Estates, including any annexations or additions to the subdivision. The Period of Declarant Control may be reinstated or extended by agreement between Declarant and the Association, subject to whatever terms, conditions, and limitations the Board of Directors may impose. After the termination of the Period of Declarant Control, Declarant, if still an Owner, will continue to have all the rights and duties ordinarily given to Owners under this Declaration. Section 2.14 Property means and includes the property described on Exhibit A and initially subjected to this Declaration, and also refers to any additional real property that may be incorporated in the Project from time to time and made subject to these Covenants pursuant to the provisions of this Declaration. Section 2.15 Other Definitions: Other definitions may be found throughout these Covenants. Any term not specifically defined shall be deemed to have its common and ordinary meaning. ARTICLE III CONFIDENTIALITY Section 3.1 Duty of Confidentiality: Silverbrook Estates and its P.O.A. shall maintain the confidentiality of information at all times. This requirement recognizes that Owners have a reasonable right to privacy and that an Owner could be harmed by an unjust or unfounded allegation of a violation of a Covenant or. rule relating to the Property. At the same time, Owners who report violations should be able to do so without fear of reprisal. Section 3.2 Importance of Confidentiality: In situations involving alleged violations of the Covenants, confidentiality facilitates interaction between the Association and its Members. Communication can be less guarded and more direct than it would be with a public process. Confidentiality helps the Association determine the facts in disputes involving neighbors. Complaints and counter -complaints from neighbors sometimes arise; sometimes these are legitimate, sometimes they are exaggerated or fabricated. Confidentiality helps in distinguishing facts from feelings in such cases. Confidentiality also guards against adverse publicity and public misunderstanding for individual Owners and for the Association. Section 3.3 Disclosure in Reporting,': Those who report covenant or rule violations to the Association must disclose their identity, but the Association shall take care to protect the confidentiality of such reports. Reports of violations shall be submitted in writing and signed. Generally, reports submitted anonymously to the Association will not be investigated or pursued. There are several reasons for this policy: Declaration of Covenants — Silverbrook Estates Page 5 3.3.1 The requirement that reports of violations be signed and in writing allows the Association to contact the reporter when additional information is needed. An anonymous report affords insufficient means for follow-up. 3.3.2 Requiring disclosure of a violation reporter's identity to the Association significantly reduces the number of frivolous or unnecessary complaints. Anonymous complaints are often less reliable than those in which the reporter's identity is disclosed. 3.3.3 The Association cannot initiate enforcement action without just cause. Written complaints document that cause. This helps internally within the Association; directors who must act on a problem can be assured that a reliable rendition of the complaint exists. If the matter results in legal action, written documentation is in the hands of the Association. ARTICLE IV SILVERBROOK ESTATES PROPERTY OWNERS ASSOCIATION Section 4.1 Establishment of Association: An association is hereby established known as "Silverbrook Estates Property Owners Association" hereinafter referred to as the P.O.A. or the Association. Said Association may be incorporated under a different name as may be determined by the Association and approved by the Montana Secretary of State. Section 4.2 Association Nfembership and Voting Rights: Every Owner or contract purchaser of a residential Lot shall be a member of the Silverbrook Estates Property Owners Association. Membership shall be appurtenant to and may not be separated from the ownership of any Lot. Each Owner shall be responsible for notifying the Association of their acquisition of ownership, of their mailing address, and of any subsequent changes of ownership or mailing address. The initial address of `the Association shall be 33 Hunter Circle, Suite 1, Kalispell, Montana 59901. The address of the Association may be changed by the Board of Directors upon notice to the Owners. All members will be entitled to vote on Silverbrook Estates Property Owners Association matters on the basis of one vote for each Lot owned. When more than one person holds an interest in a Lot, all such persons will be Members, but they may cast only one vote for each Lot with such vote to be cast in such manner as those multiple owners may determine among themselves. For the purpose of determining membership at any meeting, a person or entity shall be deemed to be a Member upon the recording of a duly executed deed to that Owner, or upon the recording of a notice of a purchaser's interest or an abstract of a contract for deed showing a contract purchase by an Owner. The legal title retained by the vendor selling under contract shall not qualify such vendor for membership. Declaration of Covenants — Silverbrook Estates Page 6 Foreclosure of a mortgage, trust indenture or the termination or foreclosure of a contract for deed wherein title is vested in the mortgagee, beneficiary or original seller on a contract, or repossession for any reason of a Lot sold under a contract shall terminate the vendee's membership, whereupon all rights to such membership shall vest in the legal owner. Section 4.3 Association Meetings: The annual meeting of the Association shall occur on the third Wednesday of June each year. Special meetings may be called by the President, or in the absence of the President, by the Vice -President. In addition, a special meeting shall be held upon the call of fifty percent (50%) of the Owners. Special meetings shall require seven (7) days notice, in writing. Notice of annual and special meetings shall be mailed to Owners at the address for each Owner as maintained by the Association. The presence of Members, in person or by written proxy, representing thirty percent (30%) of the total votes of the membership shall constitute a quorum. At the annual meeting, the Members shall review and approve a budget for the next year, elect Directors to fill any expired term or vacant position, and conduct such other business as shall be reasonable or necessary to carry out the purposes of the Association. The Members shall have the authority to set the number of Directors, which number shall not be less than three (3) or more than seven (7). The annual meeting of the Board of Directors shall be held immediately after the annual meeting of the Members. At the annual meeting, the Directors shall elect a President, Vice -President, Secretary and a Treasurer for the Association from among the Directors, except that the Secretary and Treasurer may be Members who are not Directors. Section 4.4 Turnover Meeting: The Declarant reserves the right, at any time before the expiration of the Period of Declarant Control, to call a special meeting of the Association for the purpose of transferring control of the Associating to the Members. Should the Declarant call such a meeting, it shall present to the Members its plan for the orderly transfer of control the Association to the Members, and the Members will be obligated to accept control of the Association in accordance with such plan. Section 4.5 Terms of Directors: The Directors shall serve for a term to be set by a simple majority of the Members, which shall be for not less than one year. Each Director shall serve until replaced by his or her successor. Any vacancy on the Board of Directors occurring before the next annual meeting of the Members shall be filled by appointment or special election as determined by the remaining Directors. Section 4.6 Board Powers: The Board of Directors shall have the power and responsibility of acting on behalf of the Association and its members as shall be reasonably necessary to carry out the purposes of the Association, including but not limited to taking such actions as shall be necessary or reasonable to care for, protect and maintain the Open Space and Common Areas; to enforce these Covenants and the Design Declaration of Covenants — Silverhrooh Estates Page 7 Guidelines; to levy and collect assessments; to set annual and special meetings; and to act in any other matters set forth herein or which may serve Silverbrook Estates, including the formation of special improvement districts, either public or private, for such improvements as the Association shall approve. The Directors shall act by simple majority vote. The officers of the Association shall follow the directions of the majority vote of the Directors. Section 4.7 Board Duties: The duties of each of the officers shall be as follows: 4.7.1 President. The President shall preside over all meetings of the P.O.A. The President shall call the membership together whenever necessary. The President shall be the general administrative and executive officer of the P.O.A., and shall perform such duties as may be specified, and exercise such powers as may be delegated to the office of President by the Board of Directors. 4.7.2 Vice -President. • The Vice -President shall exercise the powers of the President in the absence of the President. 4.7.3 Secretary: The Secretary shall give notice of all meetings of the P.Q.A. and shall keep a record of the proceedings of the meetings of the P.O.A. The Secretary shall be authorized to sign on behalf of the P.O.A. all records, documents and instruments when such are authorized to be signed by the P.O.A. 4.7.4 Treasurer: The Treasurer shall keep and maintain adequate and correct records of the accounts, properties and business of the P.O.A., including accounts of its assets, liabilities, receipts, disbursements, gains and losses. The Treasurer shall prepare and report such periodic accountings as shall be required by the P.O.A., but not less frequently than annually. 4.7.5 Commercial Representative. The Commercial Representative will be designated by majority vote of the Owners of Lots in the B-2 commercial zone. The Commercial Representative shall provide information and concerns related specifically to the B-2 commercial zone as indicated on the final plat. The Commercial Representative shall represent the interests of the commercial Lot Owners. Section 4.8 Jurisdiction of the Association: The Association shall have jurisdiction over all areas of Silverbrook Estates which are designated as residential on the final plat of the subdivision or by City of Kalispell zoning ordinances. The Association shall not have jurisdiction over areas of Silverbrook Estates which are designated as commercial on the final plat for the subdivision or by City of Kalispell zoning ordinances. Declaration of Covenants — Silverbrook Estaies Page 8 Section 4.9 Additional Associations: The Declarant reserves the right, to establish additional associations of Silverbrook Estates property owners to further the objectives of this Declaration and to promote the interests and enhance the governance of Silverbrook Estates_ Such additional associations may consist of an association of the commercial property owners, as association of the townhome Lot owners or a master association to oversee and coordinate the functions of all the sub -associations. ARTICLE V ANNUAL AND SPECIAL, ASSESSMENTS Section 5.1 Assessments: Each owner, whether or not it shall be so expressed in any deed or contract, is deemed to have agreed to these Covenants, and to pay to the Association: a) Annual assessments or charges; and b) Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the Lot, and shall be a continuing lien upon the property against which each such assessment is made. Each assessment, together with any accruing interest, costs and attorney's fees, shall be the personal obligation of the Owner of such Lot at the time when the assessments are due. Section 5.2 .Purpose of Assessments: The assessments levied by the Association shall be used to promote the health, safety, convenience, recreational opportunities and welfare of the Owners; for the improvement, repair and maintenance of easements, trails, water features, roads and Common Areas; and for any other purposes, expressed or implied, in these Covenants. Section 5.3 Annual Assessments: The maximum annual assessment per Lot which may be made by the Association in any calendar year shall not substantially exceed the projected and budgeted actual and reasonable costs to be incurred by the Association during the coming year in carrying out its functions, and may include a reasonable reserve for contingencies. The amount of the annual assessments shall be fixed by the Board of Directors in the following manner: At each annual meeting of the Members, the Directors shall present a proposed budget of the estimated expenses for the Association for the coming year to the Members for review, discussion, amendment, comment and approval. The Members shall approve or amend the proposed budget by a majority vote of the Members present or voting by proxy. After the annual meeting, the Board of Directors shall set the amount of the assessments and the date(s) upon which they are due for the coming year to cover the budget approved in the manner herein set forth. Declaration of Covenants — Silverbrook lTstates Page 9 Section 5.4 ,Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the Association may levy special assessments for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, or other capital improvements on the Property, including fixtures and personal property related thereto, provided that any such assessment shall have the approval of two-thirds (2/3) or more of all of the votes of the Members who are present, in person or by proxy, at a meeting duly called for that purpose. Special assessments may be levied to be paid over one or more years. Assessments for normal maintenance and repairs shall require only a simple majority vote. Section 5.5 Uniform Rate of Assessment: Annual assessments shall be fixed by the Directors at a uniform rate for each of the following three (3) categories: Neighborhood Commercial, Residential Town Home and Residential Single Family. All commercial Lots will be included in the Silverbrook Estates parking district. Each of the commercial Lots is subject to additional assessments relative to their.parking obligation associated with that Lot. Section 5.5 Due Date of Assessments: The annual assessments shall be payable in monthly installments as directed by the Board of Directors. The Board of Directors shall make provision for prepayment of the annual assessment such that the Members have the ability to prepay their assessments quarterly or annually. Due dates for assessments shall be determined by the Board of Directors. The Board of Directors shall fix the amount of the annual assessments upon each Lot at least thirty (30) days in advance of the due date of each annual assessment, and at least ninety (90) days in advance of special assessments. Written notice of the annual and special assessments shall be mailed or personally delivered to every Owner subject thereto, at the last known mailing address. Section 5.7 Failure to Pay Assessments; Remedies of the Association: Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of ten percent (10%) per annum. The Association may bring an action against the Owner obligated to pay the same or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Open Space or Common Areas, or by abandonment of their Lot. Upon delivery of the notice of assessment to the Owner, the assessment shall be a lien upon the Owner's Lot until paid. The Association may record a notice of the lien with the Cleric and Recorder of Flathead County, Montana. If the assessment is not paid within thirty (30) days after the recording of the notice of Iien, the Association may foreclose the lien in the manner set forth under Montana law for the foreclosure of liens against real property. The Association shall be entitled to recover from the Owner any and all reasonable attorney's fees and costs incurred in the collection of any delinquent assessments. Declaration of Covenants — Silverbrook Estates Page 10 Section 5.8 Sale or Transfer of a Lot: The sale, transfer or encumbrance of any Lot shall not affect the personal liability of the Owner responsible for the assessment or the assessment lien if the lien is recorded in the records of Flathead County, Montana. No sale or transfer to a third party with actual or constructive knowledge of an assessment shall relieve such new Owner from the liability for any outstanding assessments, or from any assessments thereafter becoming due, or from the recorded lien thereof. A person or entity purchasing a Lot shall be responsible for checking with the Association for any outstanding assessments against said Lot before closing the transaction. ARTICLE VI SUSTAINABILITY Section 6.1 Commitment to Sustainable Development. The preservation of the natural beauty and quality of life found in the Flathead Valley — sustainability — is an important objective of Silverbrook Estates. These Covenants are intended to promote and ensure a more environmentally conscious way of living. There are provisions throughout these Covenants and the Design Guidelines which emphasize and foster the concept of sustainability. All such provisions must be met by any development project within Silverbrook Estates, unless a waiver or variance is granted by the Design Review Committee. ARTICLE VII DESIGN GUIDELINES Section 7.1 Intent of Design Guidelines: The intent of the Design Guidelines, a separate document adopted to govern the building of any and all structures in Silverbrook Estates, is to define a level of quality and consistency of building design which will maximize the overall quality of Silverbrook Estates. The creativity of the Owners and their professional consultants will be respected. Individual expression is encouraged, provided it is harmonious with the overall character established by the Design Guidelines. Section 7.2 Compliance With Design Guidelines: The Design Guidelines are incorporated herein by reference and are enforceable as if they were a part of the Covenants. All Improvements shall be in conformance with the Design Guidelines. Variances may be granted if a plan is of excellent architectural design and meets the overall philosophy of the Design Guidelines. Section 7.3 Design Review Committee: The Silverbrook Estates Design Review Committee (DRC) is hereby established and shall carry out all duties bestowed upon it by the Association, these Covenants, the Design Guidelines and any amendments to such documents. Declaration of Covenants — Silverbrook Estates Page 11 The procedures for seeking DRC review and approval of any proposed Improvement are set forth in the Design Guidelines. No Improvement of any kind shall be commenced without the written approval of the DRC. Each structure must be constructed in compliance with the Design Guidelines, including but not limited to, location, size, height, color, materials, design and all other requirements of the Design Guidelines. All landscaping must be installed within the first growing season following substantial completion of any residential or commercial development. ARTICLE VHI SILVERBROOK ESTATES DESIGN REVIEW COMMITTEE (DRC) Section 8.1 Authority of DRC: The Silverbrook Estates Design Review Committee (DRC) shall act in addition to, and not in lieu of the City of Kalispell and its planning and zoning authority, to which Silverbrook Estates is subject. Neither the City of Kalispell nor its Planning Board, however, is an appeal board for the DRC. The DRC is given authority through Article VII above. Section 8.2 DRC Organization and Enforcement: The DRC will be organized by the P.O.A., which is responsible for appointing DRC members and setting their terms of service. The DRC shall consist of three to seven members appointed by the P.O.A. Section 8.3 Purpose of the DRC: The DRC is established and given the authority to coordinate, interpret, apply and assure fair and equitable implementation of the Covenants and Design Guidelines. The objective of the DRC is to encourage a level of quality that will enhance both the natural and built environments of Silverbrook. Estates. Section 8.4 Duties of the DRC: The DRC is responsible for administering the Covenants and Design Guidelines and performing the following duties: 8.4.1 Adopt Rules: To adopt such reasonable rules and procedures as it deems necessary to carry out its functions. 8.4.2 Require Plats: To require any of the following it deems necessary for its review of a project: a) Site plans b) Landscape plans c) Building plans, elevations, and associated drawings d) Nlaterial and color samples e) Other information deemed appropriate to individual proposals Declaration of Covenants — Silverbrook Estates Page 1 8.4.3 Require Review of All Improvements: To require that all proposed Improvements be reviewed under the design review process (see Article IX, below) and that all plans are reviewed and approvals granted before the commencement of any construction. 8.4.4 Enforce Rules: The DRC is given broad powers to apply and enforce all rules relating to Improvements, and to: a) Determine the adequacy of plans submitted to it; b) Enforce height requirements contained in the Covenants and Design Guidelines and to impose such requirements where they are not specified; c) Reject materials, design, and colors submitted with plans and the plans themselves, if they are not compatible with or are inappropriate to the overall vision of Silverbrookc Estates or do not conform to the Design Guidelines;. d) Hear all testimony related to variances and grant variances to the Covenants and Design Guidelines as it deems appropriate; e) Interpret the Covenants and Design Guidelines as it deems appropriate and make rulings thereon; f? Require that all improvements be constructed in substantial compliance with approved plans and specifications; g) Enforce the Covenants and Design Guidelines in a court of law; h) Revoke or suspend approvals and order the suspension or cessation of any construction in violation of the Covenants or Design Guidelines or any approval issued by the DRC; and i) Require that a fee of $200 for residential projects or $1,000 for commercial projects be paid to the P.O.A. for the review of building plans and specifications. Section 8.5 Liability: Neither the DRC, the Association or the Declarant, or any member thereof, shall be liable to any Owner or any other person or entity for any damage, loss or prejudice suffered or claimed on account of the following, so long as the DRC or member has acted in good faith: a) The approval or rejection of any plans, drawings or specifications, whether or not defective; b) The construction or performance of any work, whether or not pursuant to approved plans, drawings or specifications; c) The development or manner of development of any property within Silverbrook Estates; and d) Any other act carried out in the DRC's or member's official capacity. Declaration of Covenants — Silverhrook Estates Page 1.3 ARTICLE IX DESIGN REVIEW PROCESS Section 9.1 Applicabili4, of Resign Review Process: The design review process must be followed for any of the following: a) Construction of any building; b) Renovation, expansion, or refinishing of the exterior of any building; c) For commercial buildings, interior changes which affect the major function of a building; d) Site alterations, including roads, parking and driveways; e) Major landscaping including fences and walls; f) Exterior lighting changes; and g) Utility installation or modification. In addition to meeting the requirements of the Covenants and Design Guidelines, an Owner must comply with the requirements of all governing agencies including the City of Kalispell and the State of Montana in order to obtain required building permits, certificates of occupancy, temporary certificates of occupancy or similar authorizations. Section 9.2 Plan Requirements: All architectural and building plans submitted to the DRC shall be of architectural quality prepared by a licensed architect or architectural designer. All site, landscape and irrigation plans shall be prepared by a certified irrigation designer, landscape architect or landscape designer. The DRC shall reject materials, designs and colors submitted with the plans, and the plans themselves, if they do not comply with the Covenants and Design Guidelines, or are not compatible with the overall plan for Silverbrook Estates. Section 9.3 Plan Review and Approval The Silverbrook design review process consists of two steps; Initial Plan Review and Final Plan Review and Approval. It is recommended that Owners follow this two-step process for any major building project. Owners may, however, submit materials for Final Plan Approval without an Initial Plan Review. Owners may appeal unfavorable DRC decisions to the Silverbrook Estates Property Owners Association. 9.3.1 Initial Plan Review: The purpose of the Initial Plan Review is to consider the conceptual design of the proposed project. The review will consider existing site conditions and planned improvements, building floor plans and elevations, roof design, architectural character or expression, exterior materials, grading, drainage and erosion control measures. Owners and their representatives should consult the Initial Plan Review Checklists and Evaluation Criteria for submission requirements. The Initial Plan Review consists of the following steps: Declaration of Covenants — Silverbrook Estates Page 1; l . The Owner/architect prepares and submits to the DRC two copies of the Initial Plan which must include all information required by the Initial Plan Review Checklist. 2. The DRC reviews the Initial Plan at a scheduled meeting and notifies the Owner in writing of its findings within ten (10) working days. 3. If necessary, the Owner may resubmit an Initial Plan or appeal to the P.O.A. within thirty (30) working days. 9.3.2 Final Platt Review and Approval: The Final Plan Review and Approval addresses the final design details of the project. The review will consider planned improvements, building elevations, building sections, roof design, architectural character or expression, exterior materials, site conditions, grading, drainage and erosion control measures. The Final Plan Review Checklist and Evaluation Criteria set forth the submission requirements. The Final Plan Review and Approval consists of the following steps: 1. Upon approval of the Initial Plan the Owner/architect shall prepare and submit two copies of the Final Plan which shall include all information required by the Final Plan Review Checklist. 2. The DRC notifies the Owner in writing of the Final Plan Approval decision within ten (10) working days. 3. Upon issuance of written approval, the Owner may apply for a building permit and design approval from the governing authorities. Chapter XI of the Design Guidelines contains the Checklist Forms, listing the required steps and submittals needed for both the Initial Plan Review and the Final Plan Review. To make sure that the Owner, the Owner's architect, builder or other representative files a complete submittal package with the DRC at each stage of the review, it is recommended that these forms be used in compiling the necessary materials prior to scheduling a review by the DRC. ARTICLE X CONS T RUCTION PROCEDURES Section 1-0.1 Approvals Required Prior to Commencement of Construction: No construction may be commenced until Final Plan Approval has been received from the DRC and all required building permits have been issued by the appropriate regulatory authorities. Building construction must strictly conform to the approved Final Plan and must be completed within twelve (12) months after DRC approval unless an extension is granted by the DRC in writing. Declaration of Covenants — Silverbrook Estates Page 15 Section 10.2 Plan Modifaeations: All modifications to previously approved site, landscape or building plans must be submitted to and approved by the DRC. Section 10.3 Construction Codes: All structures shall be constructed in compliance with applicable state, local and federal codes for construction, including codes for seismic Zone 3 and National Fire Protection Codes. Section 10.4 Construction Regulations: 10.4.1 Noise Abatement and Hours of Work: Heavy equipment operation and other loud noise from construction is prohibited between 7:30 o'clock p.m. and 6:30 o'clock a.m. No blasting is permitted at anytime. 10.4.2 Construction Staging and Material Storage: All construction staging, including but not limited to, daily vehicular movement and parking, material storage, equipment storage, construction trailer placement, etc., must take place within the Lot for which the building permit was issued unless an alternate tD staging area is approved in writing by the DRC. 10.4.3 Trash Containment and Removal. Trash and construction debris shall be cleaned up on a daily basis in containers which shall be emptied on a regular basis to insure sufficient room to store trash at the end of each working day. Owners must ensure that their contractors remove and dispose of, at an authorized county landfill, any excess trash and construction debris. Burning of construction debris within Silverbrook Estates is prohibited. 10.4.4 Tree and Property Protection: Construction practices must include care during grading and excavation to avoid damage to existing trees and shrubs and their root structures. All construction equipment and activity including vehicular movement, unloading or daily parking, as well as stockpiling of materials and topsoil must be kept within the perimeter of the Lot unless specific written authorization to do otherwise is obtained from the DRC. Any adjacent property including roads or Common Areas damaged during construction shall be promptly restored and re - vegetated to the satisfaction of the DRC. if such restoration is not completed promptly, the DRC may contract for such restoration with all costs to be charged to the Lot Owner or person in whose name the Final Plan approval was issued. 10.4.5 Temporary Structures: A small job office or trailer may be located on the site during the construction period. The job office must be removed from the site prior to occupancy. 10.4.6 Construction Sequence: No accessory structures, buildings, garages or sheds may be constructed or maintained on any Lot prior to the Declaration of Covenants — Silverbrook Estates Page 16 construction of the main structure of the residence. Provided, however, that the provisions of this sub -paragraph shall not preclude temporary construction shelters (addressed in Section 10.4.5, above). 10.4.7 Erosion Control: All disturbed areas shall be protected from erosion during and after the construction period. Erosion control shall be implemented during construction to insure soil stabilization and sediment control, and to foster timely re -vegetation. No Owner may change the drainage pattern on any Lot without the specific approval of the DRC. Section 10.5 Building Inspections: The DRC will not inspect projects for building code conformance. Compliance with building codes and regulations is the responsibility of each Owner. The DRC will, however, from time to time inspect construction sites for compliance with approved plans, the Covenants and Design Guidelines. It is the responsibility of the Owner or the Owner's representative to contact the appropriate state, local and other authorities regarding electrical, plumbing and other required inspections for building code conformance. Section 10.6 Construction Commencement and Completion: Each Owner must have secured DRC approval for and commenced construction of, the primary residential structure for the Lot within three (3) years of the Owner's acquisition of such Lot. The primary residential structure must then be substantially completed within twelve (12) months from the commencement of construction. Section 10.E Construction Time Extensions and Penalties: The POA may, in its discretion and subject to appeal to and review by the Board, extend the construction time limits set forth in this Article X, or impose appropriate penalties for failure to comply with such time limits. Such penalties may include fines which will be treated in the same manner as assessments, which if not timely paid will become a lien against the Owner's Lot. ARTICLE XI PROPERTY USE AND RESTRICTIVE COVENANTS Section 11.1 Hunting": No hunting of, shooting at or harassing of birds, animals or other wildlife is permitted. Skunks, gophers and rodents may be trapped; however, poison may not be used. Section 11.2 Pets: No livestock, poultry or other animals, except domestic dogs and cats, or small house pets and birds, are permitted. Excessive numbers of pets of any type are not allowed. Numbers become excessive when the pets become uncontrollable from within the interior confines of the structure on the property, thus becoming a nuisance to neighboring properties. Declaration of Covenants — Silverbrook Estates Page 17 All dogs, cats and other pets shall be strictly controlled by their owners so as not to annoy or interfere with the use of the properties by the other Owners and to prevent any interference or harassment of wild birds or animals in the subdivision or on surrounding or adjacent properties. Dogs and cats shall be kept on the owner's property and shall not be allowed to roam free. Dogs must be kept on a leash when not on the owner's Lot and pet owners shall immediately pick up all pet feces from other Lots or Common Areas. Section 11.3. Artificial Feeding: The artificial feeding of any big game animal is prohibited. Section 11.4. Animal Proof Containers: All garbage must be stored in animal - proof containers. Foodstuffs, including garden, pet and other sources may not be stored out of doors unless kept secure in animal -proof containers. Section 11.5. Acceptance of Wildlife Damage: Lot Owners acknowledge that wildlife damage to landscaping will occur. Lot Owners accept that risk and shall not file claims against adjacent Lot Owners, the Association, or any other goveming body for such damage unless it is established that a violation of these Covenants led to such damage. Section 11.6 Open Space and Trail Maintenance: The Association shall be responsible for the maintenance of all trails within Silverbrook Estates, The Association shall also be responsible for weed control, mowing, irrigation, care and maintenance of all Common Areas and Open Spaces as well as any other common amenities within Silverbrook Estates. The Association will use the assessment process to collect funds to pay for such care and maintenance. Section 11.7 Noxious Weeds: In order to comply with the requirements of the Flathead County Weed Control District and the Montana Noxioacs Weed Control Act, the following rules apply: 11.7.1 Responsibility for Control: The P.O.A. is responsible for noxious weed control in all Open Spaces and Common Areas within the subdivision. Each Owner is responsible for the Owner's Lot. The P.O.A. will also act as the contact point for any noxious weed complaints within the subdivision. The control of noxious weeds by the P.O.A. on those areas for which the P.Q.A. is responsible and the control of noxious weeds by individual Owners on their respective Lots shall be as provided in the Montana Noxious Weed Control Act (Section 7-22-2101, et seq., MCA) and the rules and regulations of the Flathead County Weed Control District. 11. 7 2 Failure to Control; Authority of P.O.A.: Both improved and unimproved Lots shall be managed for noxious weeds. In the event an Owner does not adequately control the noxious weeds, after ten(10) days notice from the P.O.A., the P.O.A. may cause the noxious weeds to be controlled. The cost and Declaration of Covenants — Silverbrook Estates Page IS expense associated with such weed management shall be assessed to the Lot and such assessment will become a lien if not paid within thirty (30) days of the mailing of such assessment. Section 11.8 Water Testing: Silverbrook Estates will be connected to City of Kalispell water and sewer. Any and all testing shall be performed by the appropriate authorities appointed by the City of Kalispell. Section 11.9 Road Maintenance: All roads within the Silverbrook Estates Subdivision are to be owned and maintained by the City of Kalispell. However, within the road rights -of -way owned by the City of Kalispell there may be medians, landscaping and other amenities which will be owned or controlled and maintained by the P.O.A. These common amenities are considered part of the Silverbrook Estates Common Area. Section 11.10 Driveway Location and Installation: All Lots may have only one driveway access. Each driveway access point must be at least fifty (50) feet from the nearest road intersection. Driveways and driveway location must be pre -approved by the DRC. Silverbrook Estates, through the Association or other designated representative will install and construct all driveway aprons from the adjoining sheet or boulevard to the inside edge of the sidewalk on the Owner's Lot. Upon securing approval of a site plan from the DRC with an approved driveway location, the Lot Owner should advise the DRC of its anticipated construction schedule and request that the DRC schedule installation of the driveway apron. All costs of the installation of the driveway apron are the responsibility of the Lot Owner. The Association can require that such costs be paid in advance in accordance with whatever arrangements the Association deems appropriate. Section 11.11 Fencing: Fences projecting beyond the primary fagade of residences are prohibited. All fences must be constructed with the finished fagade to the exterior of the Lot upon which the fence is being erected. The Declarant will install fencing along all residential rear lot lines along Silverbrook Drive and Church Drive. Section 11.12 Exterior Lighting: All exterior lighting shall be reflected CY downward with full cutoff illuminairies. No light spill outside of the property being illuminated is permitted. Exterior lighting may contribute only minimally to light pollution. Section 11.13 Storage of Equipment. No Lot or adjacent street or road may be used for the storage of any inoperable vehicle, machinery or equipment. No Lot may be used for storage of any articles; vehicles, equipment or other personal property of any quantity in excess of the immediate needs and personal use of the Owner of the Lot or the occupants and guests thereof as the case may be, and shall not interfere with the use or enjoyment of neighboring Lots. Section 11.14 Commercial Equipment: No Lot or adjacent street or road may be used for the outside parking or storage of any commercial trucks, large commercial vehicles or other heavy equipment, except as may be reasonably necessary during periods Declaration of Covenants — Silverbrook Estates Page 19 of construction. Nothing herein shall prohibit the storage of such vehicles within the confines of a garage approved by the DRC. Section 11.15 Recreational Equipment: All campers, trailers, motor homes, boats and all other recreational equipment shall only be parked on the owner's Lot. In no event shall such equipment be parked on roads, nor shall any equipment be parked such that it is visible from the streets or adjacent Lots for a period exceeding two (2) days in any thirty (30) day period. Storage or location of such equipment and vehicles for periods longer than those permitted by this section is allowed only in an enclosed garage or other screened area with such garage or screen having been approved by the DRC. Section 11.16 Offensive Activity: No noxious odors or offensive activity shall take place upon any portion of the Property, nor shall anything be done thereon which may be, or may become, an annoyance to the neighborhood. Firearms may not be discharged anywhere on the Property. Any violation of applicable city, county or state laws or ordinances or other applicable governmental regulations constitutes a violation of these Covenants and may be enforced by the Association or individual Lot Owners. Section 11.17 Ditches, Ponds and Water Courses: Each Owner of property within Silverbrook Estates acknowledges the presence of water features located in the Open Spaces and Common Areas of the development. Each Owner of property within Silverbrook Estates, as individuals and as members of the Association, acknowledges that water could pose a danger to humans, animals and property. By this acknowledgement, each Owner of property within Silverbrook Estates, as individuals and as members of the Association, assumes the normal and ordinary consequences of their actions when in, next to, or in the vicinity of water features within Silverbrook Estates. ARTICLE XII OWNERS RESPONSIBILITIES FOR MAINTENANCE Section 12.1 Owners Responsibility for Lot: Except as provided in this Declaration or by written agreement with the Association, all maintenance of a Lot and the Improvements located on it will be the sole responsibility of the Owner of the Lot. For purposes of allocating responsibility for landscape maintenance between the Lot Owners and the Association, the Lots will be defined as the area from the back of the curb to the rear lot line. Each Owner will maintain its Lot in accordance with the community -wide standard of Silverbrook Estates. The 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 does not satisfy such standard. Before assuming the maintenance responsibilities, the Board will notify the Owner in writing of its intention to do so, and if the Owner has not commenced and diligently pursued remedial action within thirty (30) days after the mailing of such written notice, then the Association may proceed. The expenses of the maintenance by Declaration of Covenants —Silverbrook Estates Page 20 the Association will be reimbursed to the Association by the Owner within thirty (30) days after the Association notifies the Owner of the amount due, and any sum not reimbursed within that thirty (30) day period will bear interest from the date of the expenditure until payment in full. Such charges will be a lien against the Lot. - Section 12.2 Owner's Negligence: If the need for maintenance, repair or replacement of any portion of the Common Areas (including Improvements located on them) arises because of the negligent or willful act or omission of an Owner or his family member, guest, invitee or tenant, then the expenses incurred by the Association for the maintenance, repair or replacement will. be a personal obligation of that Owner. If the Owner fails to repay the expenses incurred by the Association within 30 days after the notice to the Owner of the amount owed, then those expenses will bear interest from the date incurred by the Association until payment by the responsible Owner in full, and all such expenses and interest will become a lien against the Owner's Lot. ARTICLE XIII EMERGENCY SERVICES Section 13.1 Fire and Ambulance: Silverbrook Estates will be under the jurisdiction of the Kalispell Fire Department. Ambulance service will be provided by the Kalispell Fire Department. ARTICLE XIV OPEN SPACES Section 14.1 Purpose and Public Access: The Open Space within the development shall be accessible for public use by the Owners of Silverbrook Estates as well as the local community. Section 14.2 Mandatory Requirements: The Open Space as designated on the final plat shall be preserved in perpetuity. The Board, among its other duties, shall establish and levy assessments to pay for the taxes, insurance, maintenance and other expenses associated with the Open Space and Common Areas under the control and authority of the Association. The Association shall be responsible for liability insurance, local taxes and maintenance of recreation and other facilities in designated Open Spaces and Common Areas. The assessments levied by the Association for the maintenance, upkeep, repair and operation of said Open Spaces and Common Areas, like all other assessments, constitute a lien on each Lot within Silverbrook Estates. The Board may, in its discretion, adjust the assessments to meet the changing needs of the Silverbrook Estates community and the areas serving the community. Declaration of Covenants — Silverbrook Esrares Page 21 Section 14.3 Permissible Uses: No motorized travel or horseback travel will be allowed within any of the Open Spaces or Common Areas. Signage is also hereby prohibited unless approved by the P.O.A. Section 14.4 Nuisances: No Owner, guest or invitee may use or occupy the Open Space, trails, roads, Common Areas or any Lot in such a manner as to disturb or interfere with the peaceful use, occupancy or enjoyment of any other Owner or guest of Silverbrook Estates. Violations shall be enforced as provided for in Article XIV of these Covenants. Section 14.5 Control and Management: The Association shall have the exclusive right and obligation to manage, control, improve and maintain the Open Space and Common Areas within Silverbrook Estates. ARTICLE XV UTILITIES INSTALLATION AND MAINTENANCE Section 15.1 Utilities Easements: Easements for utilities such as electricity, gas, sewer, water, television, telephone and cable communications and other utility equipment shall be as designated on the Silverbrook Estates Subdivision Plat. All utility installations shall be underground. All Owners shall have the right to enter upon and excavate in such easements upon securing the approval of the DRC. Easements for ingress and egress and for utilities shall not be moved, deleted or restricted without the written approval of all affected Lot Owners and the Association. Utility companies and Owners must promptly restore disturbed areas to a condition as close as possible to the natural condition of the land before work commenced. Section 15.2 Utilities Installation and Maintenance: Silverbrook Estates or its designated representative shall install and maintain utility services to the Lots or to points in close proximity to the Lots. Owners shall bear all responsibility and costs for extending utilities from such points. All utilities shall be installed and maintained underground. Piping and wiring shall be concealed. Each owner shall be responsible for utility installation and maintenance in accordance with applicable state and local regulations and the requirements of the DRC. Section 15.3. Water and Server: All improvements or structures designed for occupancy or use by humans shall be connected to domestic water and sewer service provided by the City of Kalispell. All Lot Owners shall hook up to the city water and sewer systems when a structure is constructed on a Lot. Declaratiotr of Covenants — Silverbrook Estates Page 2Z ARTICLE XVI ENFORCEMENT, TERM AND AMENDMENT Section 16.1 Right to Enforce: The Owner of each Lot shall be primarily liable, and the Occupant, if any, secondarily liable for the violation or breach of any covenant, condition or restriction contained in this Declaration or in the Design Guidelines. Violation or breach of any such covenant, condition, restriction or requirement shall give to Declarant, or the Association, following thirty (30) days written notice to the Owner or Occupant in question the right, privilege and license to enter upon the Lot where said violation or breach exists and to abate or remove, at the expense of the Owner or Occupant, any improvement, structure, thing or condition present on such Lot which is in violation of or contrary to the intent and meaning of these Covenants. The Declarant and the Association may also bring an action at law or in equity against the person or persons who have violated or are attempting to violate any of these Covenants, to enjoin or prevent a violation or to require that a violation which has already occurred be remediated. No such entry by Declarant, the Association or their agents shall be deemed a trespass, and neither Declarant nor the Association or their agents shall be subject to liability to the Owner or Occupant of said Lot for such entry or any action taken to remediate a violation. The cost of any abatement, removal or other remediation shall be a binding personal obligation on any Owner or Occupant in violation of any provision of this Declaration, as well as a lien (enforceable in the same manner as a lien for delinquent assessments) upon the Lot in question. The lien provided for in this section shall not be valid as against a bona fide purchaser or mortgagee for value of the Lot in question unless a suit to enforce said lien shall have been filed in a court of record in Flathead County, Montana, prior to the recordation of the deed or mortgage conveying or encumbering the Lot to such purchaser or mortgagee. Section 16.2 Right of Entry: During reasonable hours and upon reasonable advance notice (not less than twenty-four (24) hours), and subject to reasonable security requirements, Declarant, the Association or their agents, shall have the right to enter upon and inspect any Lot and the improvements thereon for the purpose of ascertaining whether or not the provisions of this Declaration have been or are being complied with, and neither Declarant nor the Association or their agents shall be deemed to have committed a trespass or wrongful act by reason of such entry or inspection. Section 16.3 Enforcement. Enforcement of these Covenants may be by proceedings either at law or in equity against any person or persons violating, or attempting to violate, any provision of this Declaration. The legal proceedings may be to restrain the violation, to remediate a violation which has already occurred, to recover damages, or any combination thereof. Should any lawsuit or other legal proceeding be instituted by the Association or an Owner against an Owner alleged to have violated one or more of the provisions of these Covenants, and should the Association or Owner enforcing the provisions of the Covenants be wholly or partially successful in such proceedings, the offending Owner shall be obligated to pay the costs of such proceeding, including reasonable attorney's fees for all time. associated with the action. Declaration of -Covenants — Silverorook Estates Page 23 Section 16.4 Failure to Enforce Not a Waiver: The failure of the Declarant, the Association or an Owner, to enforce any covenant or restriction contained herein shall not be deemed a waiver nor shall it in any way prejudice the right to later enforce that covenant or any other covenant thereafter, or to collect damages for any subsequent violation. The waiver, or granting of a variance of a covenant by the Board or non -action of the Association or Declarant in the event of a violation of a covenant by an Owner, shall not be deemed to waive or nullify the covenant or impair enforcement thereof as it pertains to other Owners or Lots. Section 16.5 Covenants Run With Title: In any conveyance of a Lot or other portion of the Property, it shall be sufficient to insert a provision in any deed or instrument of conveyance to the effect that the property is subject to protective or restrictive covenants without setting forth such restrictions and covenants verbatim or in substance in said deed and without referring to the recording data. All of the Lots and other portions of the Property shall be subject to the restrictions of this Declaration whether or not there is a specific reference to it in a deed or instrument of conveyance. Section 16.6 Protection of Mortgagees: A breach of any restrictions or covenants contained in this Declaration shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value upon any Lot or portion of the Property or any improvements thereon. However, this Declaration shall be binding upon and shall inure to the benefit of any subsequent owner whose title thereto was acquired by foreclosure, trustee sale or otherwise. Section 16.7 Term of Declaration: This Declaration and any amendments to it will remain in effect until the 50th anniversary of the date this Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana. Thereafter this Declaration will be automatically extended for five successive periods of ten (10) years each, unless otherwise terminated or modified as provided below. Section 16.8 Amendment. Subject to the limitations of Sections 16.4 and 16.5, this Declaration, or any provision of it, may be terminated, extended, amended or revolted as to the whole or any portion of the Property as follows: 16.8.1 Prior to Sale of Lots: Prior to the sale of any Lot (excluding any sale to a person or entity affiliated with Declarant), Declarant may terminate, extend, amend or revoke this Declaration as to the whole or any portion of the Property by recording in the records of Flathead County, Montana, a document signed by the Declarant stating the action taken. 16.8.2 After Sale of Lots But During Period of Declarant Control. - After the sale of a Lot (excluding any sale to a person or entity affiliated with Declarant) but before expiration of the Period of Declarant Control, Declarant may terminate, extend, amend or revoke this Declaration as to the whole or any Declaratio17 of Covenants — Silverbrook Estates Page 'Y portion of the Property. A copy of the document stating the action intended to be taken by the Declarant and a notice of the Owner rights under this Section shall be mailed to each Owner by first class mail, postage prepaid, to the address of the Owner in the records of the Association. Unless written objection is received by Declarant from the Owners holding seventy-five percent (75%) or more of the votes within thirty (30) days of the mailing of the notice to the Owners, the action proposed to be taken by the Declarant shall be considered approved and shall become final. The Declarant shall then record in the records of Flathead County, Montana, a document stating the action taken, together with a certificate certifying that notice was given to the Owners as required herein and that fewer than seventy-five percent (75%) of the Owners objected to the action. 16.5.3 After the Period of Declarant Control: After the Period of Declarant Control, this Declaration, or any provision of it, may be terminated, extended, amended or revoked as to the whole or any portion of the Property upon the written consent of Owners holding seventy-five percent (75%) or more of the votes in the Association. The amendment will be immediately effective upon recording in the records of Flathead County, Montana, the document setting forth the amendment executed and acknowledged by the necessary number of Owners, or alternatively, upon the recording in the records of Flathead County, Montana, of a copy of the document together with a certificate signed by an officer of the Association stating that the required number of consents of Owners were obtained. Section 16.9 Declarant Approval: Notwithstanding the provisions of Section 14.10, no termination, extension 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 16.10 City Approval: None of the covenants or other provisions of this Declaration required as a condition of plat or subdivision approval by the City of Kalispell may be amended or repealed without the prior written consent of the City of Kalispell. ARTICLE XVII ZONING REGULATIONS AND CODES Section 17.1 General Information: Silverbroolc Estates is located within the jurisdictional area of the City of Kalispell. All improvements in Silverbroolc Estates shall comply with the ordinances of the City of Kalispell as well as this Declaration and the Design Guidelines for the development. In addition to the Design Guidelines, building design and construction will be regulated by city, county, state and federal regulatory agencies having jurisdiction. The Owners and their agents shall be responsible to ensure they are in compliance with all such regulations. Approval of a project by the DRC does not necessarily mean that the project is in compliance with such codes and regulations. Declaration of Covenants — Silverbrook Estates Page 25 Owners must ensure independently that their project is in compliance with all applicable local, state and federal codes and regulations. Any impact fees or other charges or assessments imposed on an Owner's project or in connection with the improvement of an Owner's Lot by the City of Kalispell or other regulatory authority are the responsibility of the Lot Owner. Lot Owners and residents of the subdivision are hereby notified that there are agricultural activities on adjoining and nearby properties. Lot Owners recognize and accept that standard agricultural and farming practices can result in dust, smoke, animal odors, flies and machinery noise. Standard agricultural practices include the use of heavy equipment, chemical sprays, periodic burning and the use of machinery early in the morning and sometimes late into the evening. No construction or alteration of any Improvements, including any site work, whether temporary or permanent, including but not necessarily limited to buildings, fences, walls, earthwork, paving, vegetation, signs or secondary structures such as utility or trash enclosures may be commenced on any Lot prior to receiving the written approval of the DRC. Section 17.2 General Development Parameters. 17.2.1 Density: Not more than one single family residence may be built on each single family residential Lot. 17.2.2 Allowable Uses — Residential. The residential Lots shall be used exclusively for residential purposes, and no more than one family (including its servants and transient guests)_ shall occupy such residence; provided however, that nothing in this subparagraph shall be deemed to prevent: a) The construction of detached garages which shall be in accordance with the Covenants and Design Guidelines. b) An artist, artisan or craftsperson from pursuing his or her artistic calling upon the Lot or dwelling unit owned by such artisan, if such artist; artisan, or craftsperson uses such Lot or dwelling unit for residential purposes, is self-employed and has no employees working on such Lot or in such dwelling unit, and does not advertise any product or work or art for sale to the public upon such Lot or in such dwelling unit. c) The leasing of any Lot by the Owner thereof, subject, however, to all of the restrictions as may be adopted from time to time by the Association. Among the uses which are prohibited are safe houses, group day care facilities, and day care centers. (See Kalispell Zoning Ordinance 27.37.010 for definitions.) Declaration of Covenants — Silverdrook fstates Page 26 17.2.3 Allowable Uses — Commercial. The purpose of the commercial district is to provide goods and services primarily to the residents of Silverbrook Estates and their guests. It is also intended to be a buffer zone between the residential zone and the intersection of U.S. Highway 93 and Church Drive. The base zoning for the commercial district shall conform to Kalispell's B-1 zoning. Prohibited uses include but are not limited to light manufacturing, automobile service centers, adult noveltyibookstores and pawn shops. 17.2.4 Building Envelopes: Each Lot in Silverbrook Estates shall have a building envelope surveyed and located on site. The building envelopes are established by the setbacks which are set forth in Section 17.2.5, below. All dwellings, exterior parking spaces, garages, sheds, carports, porches and decks shall be contained within the building envelope. The DRC may approve the location of swimming pools outside the building envelope, so long as adequate and acceptable screening and fencing approved by the DRC is provided. 17.2.5 Setbacks and Building Envelopes: The following setback distances must be observed throughout Silverbrook Estates: a) Residential Town Home Lots: ■ 5' side yard ■ 10' front yard ■ 10' rear yard ■ 0' shared side yard b) Single Family Residential Lots: ■ 10' side yard ■ 25' front yard ■ 20' rear yard ■ 25' side corner yard 30' rear yard where adjacent to Open Spaces along the Stillwater River and its tributaries c) Commercial Lots: ■ 5' front yard ■ 10' side yard ■ 5' rear yard d) Tennis courts, swimming pools and other areas of active use and noise shall be buffered from adjacent properties. e) Additional setbacks from tree masses, native vegetation transition zones, topography, drainage, view corridors, roads, paths and utility easements may be required by the DRC. f) A minimum setback of 100 feet is required for all buildings adjacent to areas on the plat delineated as wetlands and 50 feet to areas on the plat delineated as waterways. g) Any building envelope overlapping with front, rear or side yard setbacks shall be restricted by the required setbacks. Declaration of Covenants — Silverbrook Estates Page 27 17.2.6 Afaximum Lot Coverage: The maximum allowable coverage of any Lot subject to the R-2 residential zone under the City of Kalispell zoning ordinance by any built surface (driveway, garage, primary residence, auxiliary structure, decking, etc.) shall be no greater than thirty-five percent (35%) of the Lot 17.2.7 Alaximum Building Footprints and Minimum Floor Areas: Single family residences shall have a maximum building footprint of 5000 square feet excluding exterior parking spaces and decks. The minimum floor area at or above ground level (single floor) of any single family residence shall not be less than 1800 square feet for a single story home and not less than 1600 square feet on the main level for a two-story home. Minimum square footage for a two-story home shall not be less than 2400 square feet. These square footages are exclusive of exterior parking spaces and decks. The ground level (walkout) portion of a basement shall be considered in the calculation of minimum floor area. Each principal residential structure shall have at a minimum, an attached or detached single -car garage, with not more than a three -car garage on any Lot. The maximum total square footage of any residence and its associated auxiliary buildings shall be 8000 square feet. Residential Town Home residences shall have a maximum building footprint of 1800 square feet or forty-five percent (45%) of the lot square footage (whichever is less), excluding exterior parking spaces and decks. Commercial properties have no maximum footprint or lot coverage requirements except as limited by the confines of the applicable setbacks. All building size requirements are subject to the maximum lot coverage restrictions set forth in Section 17.2.6, above and the applicable City of Kalispell zoning ordinance, which take precedence over building size requirements and allowances. 17.2.8 Building Height: Maximum allowable building height is set at thirty (30) feet from the natural ground surface to the highest point on the roof or parapet wall for commercial structures and thirty-five (35) feet from the natural ground surface to the highest point of the roof or parapet wall for residential. structures. 17.2.9 Applicable Codes: The following codes, standards and regulations are applicable to Silverbrook Estates and compliance with them is required: a) Silverbrook Estates Design Guidelines Declaration of Covenants — Silverbrook Estates Page 28 b) Covenants of Silverbrook Estates c) City of Kalispell Zoning Ordinance d) Uniform Building Code (UBC) e) National Electric Code f) Uniform Mechanical Code g) Uniform Fire Code h) National Fire Protection Association Code i) State Fire Code Standards j) Montana Energy Code k) All other applicable local, state, and federal regulations ARTICLE XVIII EXPANSION AND WITHDRAWAL Section 18.1 Reservation of Right to Expand: Declarant reserves the right, but will not be obligated, to expand the effect of this Declaration to include all or part of the Expansion Property. The consent of the existing Lot Owners and Mortgagees will not be required for any such expansion, and Declarant may proceed with such expansion without limitation at its sole option. Declarant will have the unilateral right to transfer to any other person this right to expand by an instrument duly recorded. Declarant will pay all taxes and other governmental assessments relating to the Expansion Property as long as Declarant is the owner of such property. Section 18.2 Completion of Expansion: When Declarant has determined that no further property shall be added to the Project, Declarant shall notify the Association in writing. Until such notice is given, Declarant retains the right to designate additional property as Expansion Property. Section 18.3 Declaration. gfAnnexation: Any expansion of the Project may be accomplished by recording a notice of such annexation and one or more supplemental plats in the records of the Clerk and Recorder of Flathead County, Montana. The declaration or notice of annexation will describe the real property to be annexed, and subject it to these Covenants with all exceptions and additional restrictions or reservations noted. Specifically, each new Lot in the annexed area will be allocated one vote and liability for common expenses and assessments equal to the liability allocated to each of the existing Lots and the proportionate voting interest and allocation of common expenses for the existing Lots will be adjusted accordingly. Such annexation will not require the consent of Owners, the Association or the Board of Directors. Any such expansion will be effective upon the filing for record of such declaration or notice of annexation, unless otherwise provided therein. The expansion may be accomplished in stages by successive annexations or in a single expansion. Upon the recordation of any such notice of annexation, the definitions used in this Declaration will be expanded automatically to encompass and refer to Silverbrook Estates as expanded. Such notice of annexation may add supplemental covenants specific Declaration of'Covenants — Silverbrook Estates Page 29 to the Expansion Property in question, or delete or modify provisions of this Declaration as it applies to the Expansion Property. However, this Declaration may not be modified with respect to that portion of the Property already subject to this Declaration, except as provided herein for amendment. Section 18.4 Withdrawal of Property. Declarant reserves the right to withdraw from the jurisdiction and effect of this Declaration any parcel of the Property (including the Expansion Property), provided, however, that no parcel may be withdrawn after it has been'conveyed to a purchaser. ARTICLE XIX SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS AND EASEMENTS Section 19.1 Rights Reserved to Declarant: Until the expiration of the Period of Declarant Control, Declarant will have the following rights: 19.1.1 Completion of Improvements: The right to complete Improvements as indicated on any plat filed with respect to the Property, including any Expansion Property. 19.1.2 Development Rights: The right to exercise all development rights in connection with the development of the Silverbrook Estates Project (referred to here as "Development Rights"), including without limitation the right or combination of rights hereby reserved by Declarant, as follows: (a) The right to annex all or part of the Expansion Property to the Project, in accordance with Article XVIII. (b) The right to create Lots and Common Area on the Property, including the Expansion Property. (c) The right to subdivide Lots and convert Lots into Common Area on any part of the Property, including the Expansion Property. (d) The right to withdraw real estate, whether contained within the Property initially subject to this Declaration or within the Expansion Property, from Silverbrook Estates, as provided in Article XVIII. 19.1.3 Sales Activities: The right to maintain sales and management offices, signs advertising the Project and model residences on the Common Area and on Lots owned by Declarant, whether contained within the Property initially subject to this Declaration, or within the Expansion Property. 19.1.4 Easements: The right to use easements through the Common Areas on the Property, including the Expansion Property, for the purpose of making improvements on the Property and the Expansion Property. Declaration of Covenants — Silverbrook Estates Page 30 19.1.5 Master Association: The right to establish and make the Project subject to a master association and to establish such other associations of property owners as Declarant determines is appropriate. 19.1.6 Association Directors and Members of the DRC: The right to appoint any officer or director of the Association, and any member of the DRC. Section 19.2 Reservation for Expansion and Construction: Declarant hereby reserves for itself and its successors and assigns and for Owners in all future phases of Silverbrook Estates a perpetual easement and right-of-way for access over, upon, and across the Property, including the Expansion Property, for construction, utilities, drainage, ingress and egress, and for use of the Common Areas, including Common Areas located within the Expansion Property. The location of these easements and rights - of -way may be made certain by Declarant or the Association by instruments recorded in Flathead County, Montana. Declarant further reserves the right to establish from time to time, by dedication or otherwise, utility, ingress and egress, and other easements over and across the Common Areas, and to create other reservations, exceptions, and exclusions convenient or necessary for the use and operation of any other property of Declarant. Section 19.3 Reservation of Easements for Utilities, Infrastructure and Access: Declarant reserves for itself and its successors and assigns and hereby grants to the Association, the concurrent right to establish from time to time, by declaration or otherwise, utility and other easements, permits, or licenses over the Common Areas, for purposes including but not limited to streets, paths, walkways, drainage, recreation areas and parking areas, and to create other reservations, exceptions, and exclusions in the interest of the Owners and the Association, in order to serve the Owners within Silverbrook Estates. Declarant also reserves for itself and its successors and assigns and grants to the Association the concurrent right to establish from time to time by an instrument recorded in Flathead County, Montana, such easements, permits or licenses over the Common Areas for access by certain persons (other than Owners and Owners' families and guests) who may be permitted to use designated portions of the Common Areas as contemplated under this Declaration. Section 19.4 1Vlaintenance Easement. An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the Association, and any member of the Board of Directors or Manager, and their respective officers, agents, employees and assigns, upon, across, over, in and under the Property and a right to make such use of the Property as may be necessary or appropriate to make emergency repairs or to perform the duties and fiinetions which the Association is obligated or permitted to perform pursuant to this Declaration, including the right to enter upon any Lot for the Declaration of Covenants — Silverbrook Estates rage 31 purpose of performing maintenance to the landscaping or the exterior of Improvements to such Lot. Section 19.5 Drainage Easement: An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the Association, to enter upon any portion of the Property for the purpose of changing, correcting, or otherwise modifying the grade or drainage channels of the Property so as to improve the drainage of water. Reasonable efforts will be made to use this easement so as not to disturb the uses of the Owners, the Association and Declarant, as applicable, to the extent possible; to prosecute such drainage work promptly and expeditiously; and to restore any areas affected by such work to a sightly and usable condition as soon as reasonably possible following such work. Declarant, or its officers, agents, employees, successors and assigns must inform and obtain the approval of the Board of Directors prior to undertaking such drainage work, which approval will not be unreasonably withheld. Section 19.6 Snow Storage Easement. An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the Association, its officers, agents, employees, successors and assigns upon any and all portions of the Property for the storage of snow in the course of clearing snow accumulations from the Silverbrook Estates roads, trails, parking areas, Common Areas and other areas within Silverbrook Estates. Reasonable efforts will be made to use this easement in a way that will minimize the interference with the Owners' use and enjoyment of their Lots. Section 19.7 Declarant Rights Incident to Construction: Declarant, for itself and its successors and assigns, hereby retains a right and easement of ingress and egress over the Common Areas 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 with the occupancy, use, enjoyment or access to an Owner's Lot by that Owner. Section 19.8 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 XX MISCELLANEOUS PROVISIONS Section 20.1 Limitation of'Liability: Neither the Declarant nor the Association, or their successors or assigns, shall be liable to any Owner or occupant of the Property by reason of any mistake in judgment, negligence, nonfeasance, action or inaction, or for the enforcement or failure to enforce am provision of this Declaration. Every Owner. or occupant by acquiring its interest in the Property agrees that it will not bring any action or Declaration of Covenants —Silverbrook Estates Page 32 suit against the Declarant or the Association to recover any such damages or to seek equitable relief because of same. Section 20.2 Severabilio: This Declaration, to the extent possible, will be construed or reformed so as to give validity to all of its provisions. Any provision of this Declaration found to be prohibited by law or unenforceable will be ineffective to the extent of such prohibition or unenforceability without invalidating any other part hereof. Section 20.3 Construction: In interpreting words in this Declaration, unless the context will otherwise provide or require, the singular will include the plural, the plural will include the singular, and the use of any gender will include all genders. Section 20.4 Headings: The headings are included only for purposes of convenient reference, and they will not affect the meaning or interpretation of this Declaration. Section 20.5 Waiver. No failure on the part of the Association or the Board to give notice of default or to exercise or to delay in exercising any right or remedy will operate as a waiver, except as specifically provided above in the event the Board fails to respond to certain requests. No waiver will be effective unless it is in writing and signed by the President or Vice President of the Board on behalf of the Association. Section 20.6 Conflicts Between Documents: In case of conflict between this Declaration and the Articles of Incorporation or the Bylaws, this Declaration will control. In case of conflict between the Articles of Incorporation and the Bylaws, the Articles of Incorporation will control. Section 20.7 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 records of the Cleric and Recorder of Flathead County, Montana. IN WITNESS WHEREOF, the Declarant has executed this Declaration this _ day of September, 2007, to be effective July 1, 2007. 93 and Church, LLC a Montana ' ited Liab' Company By: oward T. Mann Its Managing Member Declaration of Covenants — Silverbrook Estates Page 33 STATE OF MONTANA } :ss County of Flathead ) On this day of , , before me, the undersigned, a Notary Public for the State of Montana, personally appeared Howard T. Mann, known to me to be the Managing Member of 93 and Church, LLC, a Montana limited liability company, the Declarant herein, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate last above written. [S' natur otary] i� f, AILLils [Typed, stamped or panted Name of Notary] Notary Public forte State of Montana Residing at %/� �[ „DIV I (NOTARIAL SEAL) [City of Residence, My commission expires: 1'00 20 [Month 1 Day Year] o ,aPg11ip1um *�`gH % SARAN WELTS NOTARY PUBUGMONTANA NOTARIAL *= SEAL Reyid N at Kalispeq MmtEma Declaration of Covenants — Silverdrook Estates Page 341 E�I3IBIT "A" TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR SILVERBROOK ESTATES (Legal Description of Silverbrook Estates Property) Tract 3 of Certificate of Survey No. 15896 in the North Half of the Northeast Quarter and in the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 13 of Township 29 North, Range 22 West, P.M.M., Flathead County, Montana AND Tract 4 of Certificate of Survey No. 15896 in the Southwest Quarter of the Northeast Quarter and in the South Half of the Northwest Quarter of Section 13 of Township 29 North, Range 22 West, P.M.M., Flathead County, Montana AND Tract 5 of Certificate of Survey No. 15896 in the Southeast Quarter of the Northeast Quarter and in the North Half of the Southeast Quarter and in the Northeast Quarter of the Southwest Quarter of Section 13 of Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. 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