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03. Resolution 5354 - Final Plat - Cornerstone Community Church SubdivisionPLANNING FOR- THE FUTURE MONT"A J" REPORT TO: UkTOITA SUBJECT: MEETING DATE: Kalispell Mayor and City Council Sean Conrad, Senior Planner Myrt Webb, Interim City Manager Final Plat Approval Subdivision April 20, 2009 Tanning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning for the Cornerstone Community Church BACKGROUND: Our office has received an application for final plat approval from Thomas, Dean 8s Hoskins, Inc. on behalf of the Cornerstone Community Church for a two lnt Tlna A;-4f4— — cvio+i,,.. 1—+ 1---+—A .,+ +I,0 ,,..,+l::,o.+ F aV a. VUVu.lV 1V1V11. llll. VUVu1VLV1V11 ULV1ul.V 0. 1 %,A OL111S iVl iVI.CL II.I.t Ql LL1G northwest CornG1 Vl the intersection of Highway 93 and Northridge Drive into two lots. The site is 3.9 acres in size and the Cornerstone Community Church is located in the northern half of the site. The property is zoned R-3, Urban Single Family Residential, and B-1 /PUD, Neighborhood Buffer District/Planned Unit Development. The proposed lots meet the requirements of the R-3 and B-1/PUD zoning districts. The property can be legally described as Lot IA, Kalispell Addition No. ISA in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. Our office waived the preliminary plat on July 18, 2008 subject to 12 conditions because it was found that the subdivision can meet the criteria for preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations. Findings of fact for approval of the plat are found in attached staff report KWP-08-4 and letter to the interim city manager which review the conditions of approval and how they have been met. RECOMMENDATION: A motion to adopt the findings of fact in the staff report KWP- 08-4, approve the resolution to create the two lot subdivision, and accept the subdivision improvements agreement would be in order. FISCAL EFFECTS: Potentially minor positive effects. ALTERNATIVES: As suggested by the city council. Respectfully submitted, r+ 1 �f r� Sean Conrad Senior Planner Report compiled: April 14, 2009 c: Theresa White, Kalispell City Clerk Myrt W bb Interim City Manager Attachments: Transmittal letter and application materials Staff report KWP-08-04 A RESOLUTION APPROVING THE FINAL PLAT AND ACCEPTING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR CORNERSTONE COMMUNITY CHURCH SUBDIVISION, DESCRIBED AS LOT 1A, KALISPELL ADDITION NO. 15A LOCATED IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Cornerstone Community Church, the owner of the certain real property described above, has petitioned for approval of the final Subdivision Plat of said property, and WHEREAS, preliminary plat approval for this minor subdivision was waived on July 18, 2008, by the Kalispell Planning Department according to Section 2.06 of the Kalispell Subdivision Regulations subject to 12 conditions, all of which have been met, and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section 2.06 (Preliminary Plat Process -Minor Subdivision -Preliminary Plat Waiver), Subdivision Regulations of the City of Kalispell, and WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made a report (K%x/V_nR_A t- thA r;t„ r,,,,,,,.;t —F *l,o r;t., _f Tr.,t:�,,.oll .,;,a ,.J��>,..-.,v--r� w ui�. >..�y >,vuiicu vi ui�. �,uy vi l�auaYci�, Saiu icpvi� con�iuciut� the criteria set forth in Section 76-3-608 MCA, and recommends final plat approval of said subdivision. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report #KWP-08-4 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Cornerstone Community Church for final plat approval of Cornerstone Community Church Subdivision in Section 1, Flathead County, Montana, is hereby approved and the Subdivision Improvement Agreement is hereby accepted. SECTION III. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. SECTION IV. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 20TH DAY OF APRIL, 2009. ATTEST: Pamela B. Kennedy Mayor Theresa White City Clerk Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 20 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and CORNERSTONE COMMUNITY CHUCH (Name of Developer),a CHURCH (Individual, Company or Corporation) located at 1970 HWY. 93 NORTH KALISPELL FLATHEAD COUNTY MONTANA 59901, (Street Address/P. O. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as CORNERSTONE CHURCH SUBDIVISION (Name of Subdivision) located at 1970 HWY. 93 NORTH, KALSIPELL (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of CORNERSTONE CHURCH SUBDIVISION (Name of Subdivision), upon the conditions as set forth in the Waiver of Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $88,346.60. NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $ 110,433.25 . Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $_I 10,433.25 the estimated cost of completing the required improvements in CORNERSTONE CHURCH SUBDIVISION. (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by September 16, 2010. 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of two (2) years from the date of acceptance of the completion of those improvements c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. CORNERSTONE COMMUNITY CHURCH (Name Developer/Firm) .. _ __- by zl��- -� (Title) STATE OF MONTANA COUNTY OF _FLATHEAD On. this '1— -f 7(1 1-f- me o XT.�t„-<, A„ 1,1i r ,� t1, vii �iii uuy — 6 6 , --- 111 V, u Not—y 1 auk lu, me State of Montana, personally appeared , known to me to be the of , whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the sane. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. I 'VAWAsl If, Notary Public for thIp State of Montana Printed Name _ Residing at [.t My Commission Expires It IP t MAYOR, CITY OF KALISPELL MAYOR EXHIBIT A t n Fpl?' #flfr , s. w ty4. ATTEST: 'f ;tom, CITY CLERK Conditions of approval of Waiver of Preliminary Plat by City Planning, Kalispell, Montana. EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. Entrance Grading/Paving Entrance 3" minus Entrance 3/4" minus Curbs and Gutters Sidewalks Curbs On -Site Sewage Facilities Water Systems Mains Other ( ) On -Site Water Supply Water Storage Tanks Fire Hydrants Storm Sewer or Drainage Facilities Relocate Signs Traffic Control Boulevard Trees Street Monuments Survey Monument Boxes Landscaping (Sod) Other (Mobilization, ect.) CHECK CONSTRUCTION ESTIMATED PERCENTAGE APPROPRIATE COMPLETION CONSTRUCTION COMPLETE IMPROVEMENTS DATE COSTS X SEPT.16.2010 $2,904 X SEPT. 16, 2010 $160 X SEPT. 16, 2010 $180 X SEPT. 16, 2010 $6,400 X SEPT. 16, 2010 $10,125 X SEPT. 16, 2010 $13,525 X SEPT. 16, 2010 $500 X SEPT. 16, 2010 $1,000 X SEPT. 16, 2010 $2,000 X SEPT. 16, 2010 $42,228 X SEPT. 16, 2010 $3,160.88 SUBTOTAL $82,182.88 FEES $6,163.72 TOTALS COSTS $88,346.60 TOTAL COLLATERAL (TOTALS COSTS X 125%) $110,433.25 ENGINEER'S ESTIMATE OF CONSTRUCTION COSTS CORNERSTONE CHURCH PUD KALISPELL, MONTANA CHURCH ITEM NO. QUANTITY UNITS DESCRIPTION En ineer's Estimate Unit Price (Figures) Total Price (Figures) PARKING LOT, WATER, SANITARY SEWER, AND STORM SEWER IMPROVEMENTS 1 4 CU YD 9" Thick - 3" Minus Pit Run Gravel $20.00 $80.00 2 3 CU YD 6" Thick - 3/4" Minus Crushed Base Course $30.00 $90.00 3 121 SQ YD 3" Asphalt Concrete $12.00 $1,452.00 4 1 LS Traffic Control $500.00 $500.00 5 1,790 SQ. FT Sod and Topsoil $6.00 $10,740.00 6 3 LS Boulevard -Trees $250.00 $750.00 7 128 LF Concrete Curb & Gutter $25.00 $3,200.00 8 219 LF Concrete Curb $25.00 $5,475.00 9 0 EACH Relocate Signage $500.00 $0.00 10 80 SQ YD Sidewalk w/Base Gravel $45.00 $3,600.00 11 1 LS Mobilization (Not to exceed 4%of total base bid) $1,035.48 $1,035.48 SUB -TOTAL CONSTRUCTION $26,922.48 Construction Inspection & Engineer Certification 7.5% $2,019.19 TOTAL ESTIMATE $28,941.67 TOTAL ESTIMATE PLUS 25% $36,177.08 BANK ITEM NO. QUANTITY UNITS DESCRIPTION Engineer's Estimate Unit Price (Figures) Total Price (Figures) PARKING LOT, WATER, SANITARY SEWER, AND STORM SEWER IMPROVEMENTS 1 4 CU YD 9" Thick - 3" Minus Pit Run Gravel $20.00 $80.00 2 3 CU YD 6" Thick - 3/4" Minus Crushed Base Course $30.00 $90.00 3 121 SQ YD 3" Asphalt Concrete $12.00 $1,452.00 _ 4 1 LS Traffic Control $500.00 $500.00 5 5,248 SQ -FT Sod $6.00 $31,488.00 6 7 5 128 LS LF Boulevard Trees Concrete Curb & Gutter $250.00 $25.00 $1,250.00 $3,200.00 8 _ 322 LF Concrete Curb $25.00 $8,050.00 9 1 EACH Relocate Signage $500.00 $500.00 10 145 SQ YD Sidewalk w/Base Gravel $45.00 $6,525.00 11 1 LS Mobilization (Not to exceed 4% of total base bid) $2,125.40 $2,125.40 SUB -TOTAL CONSTRUCTION $55,260.40 Construction Inspection & Engineer Certification 7.5% $4,144.53 TOTAL ESTIMATE $59,404.93 TOTAL ESTIMATE PLUS 25% $74,256.16 SUB -TOTAL ALL CONSTRUCTION $82,182.88 Construction Inspection & Engineer Certification 7.5%) $6,163.72 TOTAL ESTIMATE a °° $88,346.60 TOTAL ESTIMATE PLUS 25% a $110,433.25 s THOMAS ®e° AS ENGI R OF RECORD F R THE RNER E CHU$CH P�20JE€�TY TFPAT TIC ABOVE COST ESTIMATE REPRESENTS REASONABLE COSTS FOR MPAR K ECE Y PE D IN THE KAL183PELL AREA. s ® << No. 17963 9 Thomas M. Weller 17963 P.E. February 20, 2009 THOMAS, DEAN HOSKINS, INC. 212012009 Valley Bank of Kalispell 41 3rd Street West/PO Box 48 Kalispell, Montana 59901 (406)752-7123 L/C Number: 1295 RE: IRREVOCABLE COMMERCIAL STRAIGHT LETTER OF CREDIT City of Kalispell 312 1 st Ave. East Kalispell, MT 59901 Attention: Sean Conrad Representative Title: Senior Planner Phone:(406)758-7940 Sir, Madam: Upon the request of Cornerstone Community Church, we, Valley Bank of Kalispell (the Issuing institution) have established this Irrevocable Commercial Straight Letter of Credit in your (Beneficiary) favor, up to an aggregate amount of Thirty-six Thousand One Hundred Seventy- seven and 08/100 Dollars ($36,177.08). Payment to you will be made upon presentation of a sight draft drawn on us. This Letter of Credit must be presented with your drawing. A draft must bear upon its face the statement "Drawn under Letter of Credit No. 1295." This Credit is not transferable. Any successor or assienee of the Beneficiary will not constitute n transferee of Cb-alit We will honor a draft drawn and presented under and in compliance with the terms of this Letter of Credit if presented to us at our address set forth above at or before November 16, 2010. The Uniform Customs and Practice for Documentary Credits (hereinafter called the "UCP") as most recently published by the International Chamber of Commerce (ICC) shall in all respects be deemed a part hereof as fully as if incorporated herein and shall apply to the Credit. This Agreement shall be governed by and copeft=d in accordance with the laws of the state of Montana, United States of America, except to the extent such laws are inconsistent with jXe U . Valley Bank of Kalisp B osenbe on to Its: President IR hree vers an of Montana Date: April 6, 2009 ;�9issimi Jlafa;n<:nt: Three Rivers Bank of Montana is indepentently owned and locally operated and is a vital contributor of time, talent, and resources to the communities we serve. We are dedicated to enhancing our shareholders value, and committed to making our work environment enjoyable, educational, and fulfilling. IRREVOCABLE LETTER OF CREDIT Letter of Credit No. 040609A City of Kalispell 312 — 1 st Ave. East Kalispell, Montana 59901 Attention: Sean Conrad Senior Planner Kalispell Planning Department Dear Mr. Sean Conrad: We hereby establish in your favor our Irrevocable Letter of Credit # 040609A for the account of Valley Bank of Kalispell, available by your drafts at sight up to an aggregate amount of $74,256.16. Should Valley Bank of Kalispell default or fail to complete the improvements under the terms specified. We shall pay on demand your sight draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must be presented prior to 11/16/2010 and this Letter of Credit must accompany the final draft for payment. Drafts drawn hereunder must be by sight draft marked: This credit is subject to the most recent edition of the Uniform Customs and Practice for Documentary Credits, published and copyrighted by the International Chamber of Commerce or "the Uniform Commercial Code" #500. Sincerely, Greg A. Foley/ --- —"Se Io�e rP` esident d/qs=_ SUSAN A. BIRDSILL PUBLIC MONTANA A�NOTARY Residing at Marian, Montana cm\ Expiresa_Z 7 eofMo�� III My Comm. ATTEST: Vice President/Cashier s/gos = StiSAN A. S'RDSI'_'_ NOTARY p6BLIC NIONTANA * \0 t:1Rr:17. sc.�1t. : Residing at Marion. Montana C, -:-- �d�eof My Comm. Expires, i� / Subscribed and sworn To bef re me this day o2009 1 oN try Public of the County of Flathead My commission expires �9 Residing at 21 t , State of Montana Subscribed and sworn To before me on this day o(,2009 Not ry Public of the County of Flathead My commission expires-�s , - a6b Residing at . LiW , State of Montana 233 E. Idaho • P.O. Box 7250 • Kalispell, MT 59904-0250 • 406-755-4271 • Fax 406-257-0219 • 1-800-772-7968 I'`"' I''"' 552 N. Meridian Bank • Kalispell, MT 59901 • 406-755-5432 • Fax 406-257-0212 MEMBER F.D.LC. 1\ei)si I c: q.wq,,threerivershanhmontana.com Q April 14, 2009 Myrt Webb, Interim City Manager City of Kalispell 201 lst Avenue East Kalispell, MT 59901 Re: Final Plat for the Cornerstone Community Church Subdivision Dear Myrt: This is a request for final plat approval for a two lot subdivision located at the northwest corner of the intersection of Highway 93 and Northridge Drive into two lots. The site is 3.9 nrrrPc in ci2r and tha th. of +ha ....va vv aa+ v+uv uiiu uiv vVi iivi Va.V iiV vViiiiii uiii � v11..ti Vi11V 1V li4ll.liK ill l.11t. 1iV1411 V11111U11 Vl lllV site. The property is zoned R-3, Urban Single Family Residential, and B-1 /PUD, Neighborhood Buffer District/Planned Unit Development. The proposed lots meet the requirements of the R-3 and B-1 / PUD zoning districts. The property can be legally described as Lot IA, Kalispell Addition No. 15A in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The planning department waived the preliminary plat on July 18, 2008 subject to 12 conditions because it was found that the subdivision can meet the criteria for preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations. A Subdivision Improvements Agreement (SIA) has been submitted to cover the cost of improvements along Northridge Drive including curb, gutter, sidewalks, boulevard seeding and tree planting. The work is to be completed by September 16, 2010. The developer has provided a security and letter of credit for 125 percent of the cost for installing these improvements. COMPLIANCE WITH CONDITIONS OF APPROVAL: Prior to final plat Condition 1. That the final plat is in substantial compliance with the preliminary plat that was waived. Note: The size of the lots may change due to the need for future access and design features upon review of a planned unit development overlay zoning district for the property. o This condition is met. The final plat is in substantial compliance with the preliminary plat that was waived on July 18, 2008. Condition 2. The existing signs on the one acre tract shall be removed. • This condition is met. As noted in the SIA the signs will be removed by September 16, 2010 or earlier. Condition 3. A parking layout plan which meets the requirements of the Kalispell Zoning Ordinance and schedule for paving shall be provided to the planning department for review and approval. • This condition is met. A revised parking plan has been submitted and approved by the planning department. Paving of the parking lot will occur by August 6, 2010. Condition 4. 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 in the area to City standards which are impacted by this subdivision." • This condition is met. The note appears on the face of the final plat. Condition 5. The right-of-way along Northridge Drive, from Highway 93 to Parkway Drive, shall be improved to city standards or adequately bonded for. Improvements shall include a curb, landscaped boulevard and sidewalk. The plan for improvements shall be reviewed and approved by the Public Works Department and Parks and Recreation Dt-nnrtmPnt and inctallarl nrinr to {iTinl r,lnt • This condition is met. The Public Works Department and Parks and Recreation Department have reviewed and approved street improvements plans and the associated costs included in the SIA. Condition 6. A municipal facilities exemption shall be obtained from the Montana Department of Environmental Quality and a letter from the Kalispell Public Works Department stating that municipal water and sewer are available and will be provided to all lots. Existing and new utility easements shall be shown on the final plat. • This condition is met. A letter dated October 17, 2008 from the Public Works Department identifies the existing water and sewer mains within the Northridge Drive right-of-way. There is adequate capacity within these main lines to serve the proposed subdivision. A municipal facilities exemption letter from the Montana Department of Environmental Quality dated August 26, 2008 is also included in the final plat application. All existing and new utility easements are shown on the final plat. Condition 7. Provide evidence that cross easements have been established between the two lots for utilities, parking spaces and access. This condition is met. Access and utility easements are shown on the final plat. A draft easement agreement has been provided to be signed by the church, property owner of lot 1, and bank, future property owner of lot 2, addressing access, utility and shared parking. Condition 8. The access onto Highway 93 shall be restricted to right-in/right-out by way of signs and construction of a traffic island. The signs and construction plans for the traffic island shall be approved by the Public Works Department and Montana Department of Transportation. The signs and traffic island shall be installed in the approved locations prior to final plat approval. • This condition is met. A letter from the Public Works Department dated October 21, 2008 approves of the traffic island design. An approach permit dated October 13, 2008 from the Montana Department of Transportation is also attached approving of the right-in/right-out location and design. On -going conditions Condition 9. Prior to any excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from the Kalispell Public Works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. • The developer of each lot would have to comply with the city's storm water, erosion control and dust abatement programs prior to ground disturbing activities. Condition 10. All areas disturbed during development shall be re -vegetated with a weed - free mix immediately after development. • Thie nnnrlitinn is ms t Qita r.l�no �„hmi+tarl �:n+l•, +1,o f;,-,.,1 ,-,1.,+ ., ,-,7;,,.,+;,,,., „t„r7�, - -++��+ ..�+++..�+..+�.++ +v +aim. a,. .✓.a. a.v Nacuav VKIJllll ll.{..l.i Vv1LLl l,lil.. 1111QL jJtQ.(, 0.�,/jJ11t.Giuv11 1nl.lUUC landscaping all disturbed areas after development of the lots. Condition 11. All new utilities shall be installed underground. • This condition is met. Condition 12. This waiver of preliminary plat approval is valid for three years and will expire on July 17, 2011. • The final plat for this subdivision has been submitted to the Kalispell Planning Department prior to the expiration of the preliminary plat waiver. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was waived on July 18, 2008. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. All taxes are current and there are no liens or encumbrances on the property. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-3 zoning designation. 10 All of the conditions of the preliminary plat waiver have been adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for this subdivision. Note that the SIA should be accepted along with the final plat approval. Please schedule this matter for the April 20, 2009 city council agenda if possible. You may call me at 758-7940 if I can be of assistance to you regarding this matter. Sincerely, Sean Conrad Senior Planner Attachments: 2 reproducible Mylar of final plat 1 blueline of final plat 11 x 17" copy of plat Vicinity map Staff Report KWP-08-04 Final plat application dated 10/23/08 Site Plan Letter from TD&.H dated 12/30/08 Letter from MDEQ dated 8/26/08 Letters from Public Works Department dated 10/ 17/08, 10/21/08 and 11/ 10/08 Letter from Parks and Recreation Department dated 11 / 5 / 08 Montana Department of Transportation approach permit dated 10/13/08 Easement Agreement Subdivision Improvement Agreement Letters of credit: Valley Bank number 1295 dated 4/3/09 for $36,177.08 and Three Rivers Bank number 040609A dated 4/6/09 for $74,256.16 First American Title Company Report # 271740-CT dated 3/23/09 Consent to Plat from Valley Bank of Kalispell dated 9/23/08 Treasurer's certification dated 3/26/09 c: Theresa White, Kalispell City Clerk Cornerstone Community Church, 1970 US Hwy 93 North, Kalispell, MT 59901 Thomas, Dean 8, Hoskins, Attn: Doug Kauffman, 35 Three Mile Drive, Ste 101, Kalispell, MT 59901 FINAL PLAT FOR CORNERSTONE COMMUNITY CHURCH KALISPELL PLANNING DEPARTMENT STAFF REPORT KWP-08-04 REVIEW AND FINDINGS OF FACT APRIL 14, 2009 This is a report to the Kalispell City Council detailing findings of fact for a two lot subdivision. Preliminary plat approval for this minor subdivision was waived on July 18, 2008 with 12 conditions of approval. BACKGROUND: This is a subdivision that creates two lots. The proposed lots are located at the northwest corner of the intersection of Highway 93 and Northridge Drive. The property is already developed with the Cornerstone Community Church. The church requested to create the additional lot to accommodate a bank at the intersection of Highway 93 and Northridge Drive. The waiver of preliminary plat was predicated on the fact that the Cornerstone Community Church would be requesting a zone change from R-3 (Urban Single Family Residential) to B-1 (Neighborhood Buffer District) on the eastern two-thirds of their property to accommodate a future bank. In December of 2008 the Cornerstone Community Church suhmitted n 7.nnP r1innaP rPnnact and n PlannPrl TTn;t Development (PUD) overlay zoning district for the approximate 3 acre portion of the property requested to be rezoned to B-1. The primary purpose of the PUD is to insure compatible development with the neighboring R-3 zoning to maintain neighborhood integrity. At its March 23, 2009 meeting the Kalispell City Council approved the requested zone change to B-1 and the PUD zoning overlay district. A. Applicant: Cornerstone Community Church 1970 Hwy 93 North Kalispell, MT 59901 Technical Assistance: Thomas, Dean 8s Hoskins, Inc. 35 Three Mile Drive, Suite 101 Kalispell, MT 59901 B. Location and Size: The property is located at the northwest corner of the intersection of Highway 93 and Northridge Drive and can be legally described as Lot 1A, Kalispell Addition No. 15A in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. The property is approximately 3.9 acres in size. Total area: 3.948 acres Lot 1: 2.948 acres Lot 2: 1 acre C. Existing and Adjacent Land Uses: The Cornerstone Community Church is located on the northern portion of the property. The 3.9 acre property is situated between Highway 93 on its eastern boundary and the Northridge Subdivision on its north and west boundary. This section of Highway 93 is predominately commercial businesses including restaurants, car wash, mortuary, a hotel and professional offices. Just north of the property are six residential lots which back up to Highway 93. The residential development ends before the intersection of Highway 93 and Four Mile Drive. D. Zoning: Approximately 0.9 of an acre of the property is zoned R-3. The R-3 zoning is located along Parkway Drive. The R-3 zoning district is a residential district to provide lot areas for urban development. The minimum lot size in the R-3 zoning district is 7,000 square feet and all development in the district must be served by public utilities. The majority of the lot, approximately 3 acres, is zoned B-1 /PUD. The B-1 zoning district allows certain commercial and professional office uses where such uses are compatible with the adjacent residential areas. In addition to the 13-1 the city council also approved a Planned Unit Development (PUD) zoning overlay district. The PUD zoning overlay district functions in concert with the B-1 zoning. For this property the PUD supported the location of a bank and associated drive through facility. E. Relation to Growth Policy: The property is designated as both an Urban Mixed Use Area along its eastern half and Urban Residential along its western half in the Kalispell Growth Policy Future Land Use Map. The existing R-3 and 13-1 / PUD zoning are consistent with these land use designations. F. Utilities: Water and Sewer: Electricity: Telephone: Gas: School: Police: Fire Protection: City of Kalispell/on-site septic system Flathead Electric Coop CenturyTel Northwestern Energy School District #5, Kalispell City of Kalispell City of Kalispell REVIEW AND FINDINGS OF FACT This application has been reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell Subdivision Regulations. A. Effects on Health and Safety: The area is anticipated to be at low risk from wildfire due to the urban location and adequate access to the site. There is an existing fire hydrant located at the southeast corner of lot 2 in the Northridge Drive right-of-way. There are no other apparent health or safety hazards near the subdivision. B. Effects on Wildlife and Wildlife Habitat: The subdivision is not located in known big game habitat and the property is not considered suitable habitat for other significant wildlife. Local and migratory bird species and small mammals common to the area will not be affected by this action. VJ C. Effects on the Natural Environment: The site exists in an established residential/commercial area of Kalispell. The site is level and is not in or near a designated 100-year floodplain per flood insurance rate map number 30029C1805G nor is it subject to slope failure, subsidence or severe erosion. The subdivision will be served by City of Kalispell water and sewer minimizing impacts to groundwater. Impacts to the natural environment are not expected to occur as a result of this subdivision. D. Effects on Local Services: Sewer and Water: The City of Kalispell will provide water and sewer service to the properties. There are existing water and sewer mains directly accessible to the proposed lots within the Northridge Drive right-of-way. Access and Roads: Access to the property is provided by Highway 93 and Northridge Drive. The driveway off of Highway 93 is unrestricted so that traffic may enter or exit crossing either north bound or south bound lanes. The church also uses a driveway access onto and off of Northridge Drive. Ac »art of tha r�nnrlitinne of n"-nrnval tha p77hlir• Wrrlre Tls>r,�r+mnn+ rarn,;rca�l +l�o . �.. t..,.a .. ..� .,��... right-of-way along Northridge Drive, from Highway 93 to Parkway Drive, to be improved to city standards. Improvements along Northridge Drive include a curb, landscaped boulevard and sidewalk. The Public Works Department also required the access onto Highway 93 be restricted to right-in/right-out by way of signs and construction of a traffic island. The church has contacted the Montana Department of Transportation (MDT) and received a permit to install the right-in/right-out driveways. Schools: This property is within the boundaries of School District #5, Kalispell. This subdivision is commercial in nature and will not have an impact on the enrollment of the school district. Parks: Commercial lots are exempt from providing park land or paying a cash in lieu fee. Police Protection: The property is served by the Kalispell Police Department. It is not anticipated that this subdivision will significantly impact the service provided by the police department. Fire Protection: The property is within the service district of the Kalispell Fire Department. The subdivision will not create additional impacts to fire service. Refuse Disposal: Solid waste pick-up is currently provided by the City of Kalispell. No significant increased impacts are anticipated as a result of the proposed subdivision. Medical Services: Emergency medical service is provided by the Kalispell Regional Medical Center; ambulance and life flight services are also available. 3 E. Effects on Agriculture: This subdivision is in the urban area of Kalispell and the area has been developed to an urban density. This property has not been used for agricultural purposes in the past and future development will have no effect on agricultural activities in the Valley. F. Compliance with the Kalispell Subdivision Regulations: This subdivision complies with the Kalispell Subdivision Regulations. Preliminary plat was waived because it meets the waiver criteria provided for under Section 2.08 of the regulations which include the following: (1) the plat contains five or fewer lots, (2) there is no public dedication of streets or public or private parkland, (3) all lots have legal and physical access conforming to these regulations, (4) each lot has a suitable building site and there are no environmental hazards present, (5) municipal water and sewer are adequate and in place, (6) the subdivision complies with these regulations and zoning regulations, (7) there are no significant effects anticipated on agriculture and agricultural water user facilities, local services, the natural environmental, wildlife and wildlife habitat and the public health and safety. This subdivision is in substantial compliance with the Kalispell Subdivision Regulations. G. Compliance with the Kalispell Zoning Ordinance: The property is zoned a nnmhinatinn of R-I n cincrla family r, cirlantinl znnincr rlic+rint nnA R-1 /PTTTI neighborhood commercial district with a planned unit development overlay zoning district. The two lots meet the minimum zoning district requirements which include a minimum lot size of 7,000 square feet and minimum lot width of 60 feet. • l' Staff recommends that the Kalispell City Council adopt Staff Report KWP-08-04 as findings of fact for the proposed subdivision and approve the final plat. G. Planning Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannin2 FINAL PLAT APPLICATION Project /Subdivision Name: Cornerstone Church Subdivision Contact Person: Name: Douglas Kauffman / Richard Swan Address: TD&H - 31 Three Mile Dr. Ste. 101 Kalispell, MT 59901 Phone No.: (406) 751-5246 Date of Preliminary Plat Approval: waived - July 18, 2008 Owner & Mailing Address: Cornerstone Community Church 1970 Hwy 93 North Kalispell, MT 59901 Pastor Luke Knoll Type of Subdivision: Residential Industrial Commercial PUD x Other Total Number of Lots in Subdivision 2 Land in Project (acres) 3.948 Parkland (acres) Cash -in -Lieu $ Exempt X No. of Lots by Type: Single Family Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development 2 Condominium Multi -Family Other Legal Description of the Property Lot 1A, Kalispell Addition No. 15A FILING FEE ATTACHED $ 1,100.00 Minor Subdivision with approved preliminary plat $400 + $125/lot Major Subdivision with approved preliminary plat $800 + $125/lot Subdivisions with Waiver of Preliminary Plat $800 + $125/lot Subdivision Improvements Agreement $50 1 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: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 Copy 11X17 Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of he preliminary a y 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 acc mpanied with a digital copy. 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 layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system 2 .I z a r� ,;�". �, NY-Cd lag .3m °s (]a I�'d� WW(ii� L ! �Q•�I n �I eeHx� 4 - 9cwti — ■ VN�fLH�73H 1�3d8f7'Mk ur— aw i H!AAH3AllNnmWoD3No.Lsu3N-d o r e - I 7 C II, I *�� 4L lh '�w ! ! iabl l �; I Y I I A i ;tuuj YJ. r 6 T7.� R r 0 I IL Lu . . . . . . . Thomas, Dean & Hoskins, Inc. TD& Engineering Consultants s I, December 30, 2008 Sean Conrad, Senior Planner City of Kalispell Planning and Building Department 201 — 1st Ave. East Kalispell, MT 59901 RE: Cornerstone Community Church Subdivision Dear Sean: Attached is the submittal for the final plat of Cornerstone Community Church Subdivision, with the following standard supplemental items: ♦ Two (2) Signed Mylar Original Plat Sheets ♦ Four (4) blueline copies of the Final Plat ♦ One (1) half -sized copy of the Final Plat ♦ Signed application form and fee ($1,100.00) ♦ Original Platting Certificate ♦ Tax Certification Consent to Plat from Valley Bank of Kalispell ♦ Municipal Facilities Exclusion Letter from DEQ ♦ Subdivision Improvement Agreement, Including Letter of Credit 35 Three Mile Drive, Suite 101 ® Kalispell, MT 59901 . (406) 751-5246 . FAX (406) 752-5230 Page 2 Sean Conrad, Senior Planner November 17- 2008 The subdivision is in compliance with the Waiver of Preliminary Plat approval (July 18, 2008) as follows: 1. Final Plat complies with the Preliminary Plat that was waived. There have been no changes to the number or area of lots, or access. 2. Removal, relocation of signs is covered by the attached Subdivision Improvement Agreement. 3. Parking layout plan is attached. 4. See Plat for waiver of right to protest au S.I.D. 5. Northridge Drive boulevard plan is attached, along with approval letters from Kalispell Parks & Recreation (Nov. 5) and Kalispell Public Works (Nov. 10). 6. Municipal Facilities Exclusion letter from DEQ is attached. Access and utility easements are shown on the plat. See letter (Oct. 17) from Public Worlds, certifying availability of water and sewer service to the subdivision. 7. Attached is a draft copy of a cross easement agreement between the church and bank for access and utilities. 8. A traffic island plan for access to Hwy. 93 is attached, along with approval letter from Public Works (Oct. 21). A copy of the approach permit from D.O.T. is also attached. Construction of the access is covered in the Subdivision Improvement Agreement. Feel free to contact us if you have any questions or require additional materials. Sincerely, Thomas, Dean, & Hoskins, Inc. Richard J. Swan, LS RJS/gmr K08-025-001 J:\2008\K08-025 Cornerstone Church\Word\l 1.14.08 final plat.plannin,g.ltr.doc P 0 il!�.d 0 1 U G 2, 8 2 LI ID,r Montana Department of Ya _®__ -------------- EN-vinROWNNT L QUA L�, it J_tl Y Brian Schweitzer, Governor P.O. Box 200901 Helena, MT 59620-0901 (406) 444-2544 o www.deq.mt.gov August 26, 2008 Richard J Swan PLS Thomas, Dean & Hoskins #31 Three Mile Dr Suite 101 Kalispell MT 59901 Dear Sir or Madam: RE: Cornerstone Community Church Municipal Facilities Exclusion EQt 09-1285 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-125(2)(d), MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal. of sewage are proposed {76-4-111 (3), MCA}. Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Sincerely, et Skaarland Compliance Specialist Subdivision Section (406) 444-1801 — email iskaarland@v nt.gov cc: Brosz Engineering Inc, PO Box 357, Bowman ND 58623 County Sanitarian file Enforcement Division • Permitting & Compliance Division ^ Planning, Prevention & Assistance Division • Remediation Division October 17, 2008 Richard J. Swan TD&H, Engineering Consultants 31 Three Mile Drive Kalispell, Montana 59901 RE: Cornerstone Church Subdivision Dear Richard, In response to your letter dated September 24, 2008: There is an existing 12' diameter water main in Parkway Drive and Northridge Drive available to provide water service to the referenced subdivision. There is an existing 8" diameter gravity sanitary sewer main in Northridge Drive available to provide sewer service to the referenced subdivision. If you have any questions, please do not hesitate to contact this office. Since*Castles, Frank P.E. Deputy Public Works Director 201 1" Avenue East, P.O. Box 1997, Ealispe14 MT 59903 Phone (406)758-7720 — Fax (406)758-7831 e Z- November 10, 2008 Richard J. Swan TD & H, Engineering Consultants 31 Three Mile Drive, Suite 101 Kalispell, MT 59901 RE: Cornerstone Church Subdivision Dear Richard: 44- The plans for the boulevards and driveways submitted with your letter dated October 16, 2008, are hereby approved. The east driveway off Northridge Drive should be signed and laid out to ensure that only westbound traffic on Northridge can enter the driveway. This approval meets Condition No. 5 of the Waiver of Preliminary Plat. If you have any questions, please do not hesitate to contact this office. Sincerely, Frank Castles, P. E. Deputy Public Works Director 201 ]'Avenue East, P.O. Box 1997,Kalispe14MT 59903 —Phone (406)758-7720— Fax (406)758-7831 www.kafispeffcom =1 Richard J. Swan 10 s 0 1 . T07:11M - I FAI'Milli" - mi gqc 1 M a I d wwl RE: Cornerstone Church Subdivision The plans for the traffic island submitted with your letter dated October 1'. '00' a hereby approved. The traffic island should be signed and striped in accordance �ith the requirements of the Montana Department of Transportation and the Manual of Uniform Traffic Control Devices. This approval meets Condition No. 8 of the Waiver Preliminary Plat. I If you have any questions, please do not hesitate to contact this office. Sincerellh Fr�nk Castles, P.E. Deputy Public Works Director 201 JAvenueEast, P.O. Box]997, KalispeI4 MT 59903—Phone (406)758-7720 — Fax (406)758-7831 unvw.kafispeffcom Q APPLICANT (Property Owner) Name: Cornerstone Church/Valley Bank Phone: 406-752-4088 Address: _1970 Hwy 93 North Kalispell MT 59901 herein termed the applicant, requests permission to construct approach(es) described and shown on attached plot plan or plan and profile and hereby made a part of this application. Please indicate if permits or approaches are required from units of government other than the Department of Transportation. Write the number of permits required in the box: ❑ Federal Government ❑ State Private: XX Public: ❑ County ❑ City ❑ N/A Use of Property or Facility: Bank & Church (Residence, Trailer Court, Gas Station, Field Access, Type of Business, etc.) LOCATION: City or Town: Kalispell (If rural, direction & approx. distance from nearest city or town) Street 'Name, if any: Hwy 93 North ROADWAY OR HIGHWAY: 45 MPH Sight Distance: Left: 1000 ft Right: 1000 ft Surfacing: Asphalt Width: 80 ft APPROACH: RIGHT IN/RIGHT OUT Estimated number of trips per day: 100 Width: 31 ft Flare: See Side of Roadway: West attachment (N, E, S, W) DRAINAGE: See above as determined by Department of Transportation. ENVIRONMENTAL CHECKLIST FOR: ❑ Approach Permit X Encroachment/Occupancy (incl. Utility) ❑ Maintenance Projects (w/ No Right -Of -Way Acquisition, Sale or Transfer) Location: Highway or Route No US 93 Milepost(s) 114.25 Physical Address: 1970 Hwy 93 North City Legal Description: County: Kalispell Township: 28N Applicant Information: Name: Cornerstone Church Company/Utility N/A hAnilinn AAA—, Q+ 4- r D_- Kalispell Range: 22W Phone: Business Phone: Section(s): 1 1-406-752-4088 SAME y vtata IN I Z-1y kauuu Impact Questions Based on ARM 18.2.261 & 23 CFR 771.117 — Actions that qualify for Comment or Explanation Categorical Exclusion under MEPA or NEPA Yes No (Use attachments if necessary) 1. Will the proposed action impact any historical sites? ❑ X 2 Will the proposed action impact any publicly owned parklands, El X recreation areas, wildlife or waterfowl refuges? 3. Will the proposed action impact prime farmlands? ❑ X 4. a. Will the proposed action have an impact on the human environment that may result from relocations of persons or X Improvement to t affic patterns with businesses, changes in traffic patterns, changes in grade, or other Reduction to cross -traffic options. types of changes? b. Has the proposed action received any preliminary or final approval X Preliminary verb I approval from Rich Sipe from the local land use authority? James Freyholtz. For the proposed action, is there documented controversy on S. environmental grounds? (i.e. — has the applicant received a letter of ❑ X petition from an environmental organization?) 6 Will the proposed action require work in, across or adjacent to listed or Wild El X proposed or Scenic River? (See listing on page 2) 7. Will the proposed action impact air quality or increase noise? ❑ X 8 Will the proposed project involve hazardous waste sites? El X (Superfund, spills, underground storage tanks, old mines etc.) Will the proposed action affect water quality, wetlands, streams or 9 other water bodies? If the answer is YES, an environment -related ❑ X permit or authorization may be required (See Attached "Stream Permitting Guidelines"). 10. a. Are there any listed or proposed threatened or endangered El X species, or critical habitat in the vicinity of the proposed action? b. Will the proposed action adversely affect listed or proposed threatened or endangered species, or adversely modify critical ❑ X habitat? Will the proposed action require an environment -related permit or 11. authorization? If the answer is "yes," please list the specific permits ❑ X or authorizations. 12 Is the proposed action on or within approximately 1 mile of an Indian Reservation? ❑ X a. If Yes — Will a Tribal Water Permit be required ❑ X 13. Is the proposed action in a "Class I Air Shed" (Some Indian Reservations)? ❑ X Will the proposed action result in increased traffic volumes, 14. increased wait or delays on state highways, or have adverse impacts ❑ X on other forms of transportation (rail, transit or air movements)? Is the proposed action part of a project that may require other 15. governmental permits, licenses or easements? If "Yes" than describe (Applicant may ❑ X attach additional sheets as the full extent of the project and any other permits, licenses necessary) or easements that may be necessary for the applicant to acquire. 16. X- Attach representative photos of the sites where the proposed action would be implemented. i 17. X- Attach map(s) showing the location(s) of the proposed action(s), Township, Range, Section, highway or route number and approximate milepost(s). 18. Describe Magnitude / Importance of potential impacts: (To be completed by Applicant)(Use Attached Sheets) i .hecklist nrernarPri by C nllatta T Anrinrcnn F I C ...4 ..M nA onno ....,.. .,. ., .....,.,' IYI V uNNI Vul,l permits, encroachment/occupancy permits or Maintenance projects. The most commonly required permits or authorizations are listed below. Other permits or authorizations may be required, and other laws may apply depending on the type and the location of the proposed activity. For more information please refer to "A Guide to Stream Permitting in Montana" available on the Internet at http://www.dnrc.mt.gov/permits/ or from your local conservation district office. (The information provided below was adapted from "A Guide to Stream Permitting in Montana") Montana Natural Streambed and Land Preservation Act (310 Permit) Any private, nongovernmental individual or entity that proposes any activity that physically alters or modifies -the bed or banks of a perennially flowing stream must obtain a 310 permit before beginning work. Contact the conservation district office to obtain a permit application, fill the application out and submit it to the local conservation district prior to any activity in or near a perennial -flowing stream. Once an application is accepted, a team that consists of a conservation district representative; a Department of Fish, Wildlife and Parks biologist; and the applicant may conduct an on site inspection. The team makes recommendations to the conservation district board, which has 60 days from the time the application is accepted to approve, modify, or deny the permit. Local rules apply. There is no charge for a 310 permit. For more information, contact your local conservation district or the Conservation Districts Bureau — MT Department of Natural Resources and Conservation at (406) 444-6667, or the Montana Association of Conservation Districts (406) 443-5711 Montana Stream Protection Act (SPA 124 Permit) Any agency or subdivision of federal, state, county, or city government proposing a project that may affect the natural existing shape and form of any stream or its banks or tributaries must obtain a SPA 124 permit before beginning work. Any agency or unit of government planning a project must submit a Notice of Construction (application) to the Department of Fish, Wildlife and Parks, which has up to 60 days to review the application, perform an on -site investigation, and approve, modify, or deny the application. There is no application fee. For more information contact the Habitat Protection Bureau — MT Fish, Wildlife and Parks (406) 444- 2449. Montana Floodplain and Floodwav Management Act (Floodplain Development Permit) Anyone planning new construction within a designated 100 year floodplain must obtain a floodplain development permit before beginning work. New construction includes, but is not limited to, placement of fill, roads, bridges, culverts, transmission lines, irrigation facilities, storage of equipment or materials, and excavation; new construction, placement, or replacement of manufactured homes; and new construction, additions, or substantial improvements to residential and commercial buildings. Check with local planning officials or the Floodplain Management Section of the Department of Natural Resources and Conservation to determine whether a 100-year floodplain has been designated for the stream of interest. Floodplain Development Permits are available from the local floodplain administrator, who may be the city/county planner, sanitarian, building inspector, town clerk, or county commissioner. Permit applications are available from the local floodplain administrator or from the Department of Natural Resources and Conservation. Application fees are established by the local government and vary widely throughout the state. The application process may take up to 60 days. Joint application participant -see Permitting Tips section. For more information contact the Floodplain Management Section — MT Department of Natural Resources and Conservation (406) 444-0860 STANDARD CONCRETE CURB DETAIL 1 NO SCALE 1 CORNERSTONE COMMUNITY CHURCH KALISPELL, MONTANA BUILT TO ROAD TO ACCESS CONCRETE CURB AND GUTTER DETAIL NO SCALE 1 llTD&I THOMAS, DEAN & HOSKINS, INC. ENGINEERING CONSULTANTS NEW HIGHWAY 93 ACCESS DRAWN BY: JRR DATE: AUGUST/ 25/ 2008 DESIGNED BY: JOB NO. K08425 SHEET '1 QUALITY CHECK: CAD NO. K08025-6m.DWG 306 15t Ave East — P O Box 1997 — Kalispell MT 59903-1997 Phone: (406) 758-7960 Fax: (406) 758-7719 Email: cfincher@kalispell.com November 5, 2008 Rick Swan TD&H 35 Three Mile Drive Suite 101 Kalispell, MT 59901 Re: Cornerstone Church Subdivision Dear Rick: This letter is to serve as approval on the landscaping plans for Cornerstone Church Subdivision per the plans submitted by your office. Tree plantings are required to meet ISA standards for planting and 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 Parks Department and city standards. It is also agreed that if this project is extended, the developer will be responsible for bonding for landscaping improvements on the boulevards. 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 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. Sincerely, Chad Fincher, Parks Superintendent CC: Sean Conrad, Planning Department Mike Baker, Parks and Recreation Director Deb Diest, Finance Department AFFER RECORDING, RETURN TO: Pastor Luke Knoll CORNERSTONE COMMUNITY CHURCH 1970 Highway 93 N. Kalispell, MT 59901 EASE34-ENT A GREEMENT THIS EASEMENT AGREEMENT is effective for all purposes October 15, 2008, between Cornerstone Community Church (Church) and Valley Bank (Bank) RECITALS WHEREAS, Church is situated on Lot I and Bank is situated on Lot 2 of real property known as Cornerstone Community Church Subdivision located in Kalispell, Montana. WHEREAS, Church and Bank mutually recognize the business necessity of providing for mutual and permanent easements for use of the other's property for parking and ingress and egress to and fi-om the Church and the Bank in the manner set forth in the Iicense Agreement; WHEREAS, the Recitals set forth above are contractual and are to be construed to be a part of this Agreement and to effectuate this Agreement. NQIY, THEREFORE, IN CONSIDERATION OF THE FOREGOING, AND OF THE MUTUAL PROMISES HEREINAFTER SET FORTH, AND OF OTHER GOOD AND VALUABLE CONSEDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES HERTO, INTENDING TO BE LEGALLY BOUND, HEREBY AGREE AS FOLLOWS: 1 GRANT OF EASEPIENT'BY CHURCH, In consideration of the mutual promises among the parties hereto, Church grants to Bank the right to use Church's real property for purposes of parking, and ingress and egress to and from the Bank via US Highway 93 and Northridge Drive, by Bank employees, owners, guests, invitees and licensees of the Bank, which right of ingress and egress shall include, but not be limited to vehicles that may reasonably be driven by such persons for purposes of accessing the Bank. 2. GRANT OF EASEMENT BY BANK, In consideration of the mutual proinises among the parties hereto, Bank grants to Church the right to use Bank's real property for purposes of parking, and ingress and egress to and from the Church via US Highway 93 and Northridge Drive, by Church employees, owners, guests, invitees and licensees of the Church, which right of ingress and egress shall include, but not be limited to vehicles that may reasonably be driven by such persons for purposes of accessing the Church. 3. MAINTENANCE AND RESURFACING, The physical condition of the property which is subject to this Easement at the time of the effective date of this Agreement is acceptable for each na: ty's fed iisc of the easements grailiod tier e�.liidc'I'. Parties shall share eq iall'v in ,I-ie cost GEu and egress to and from the Church and Bank from US Highway 93 and Northridge Drive which is a subject of this Easement Agreement. If a party intends to undertake any maintenance, repair or reconstruction to `y ; the real property that is subject to this Easement Agreement such party shall provide written notice to the other party of all proposed maintenance, repair and/or reconstruction and the estimated cost for completing the work. Performance of maintenance, repair or reconstruction work and the obligation to share in the costs thereof is subject to the other parry's prior written approval of work to be done. Such approval may not be unreasonably withheld. Written approval or objection shall be provided to the party proposing the maintenance, repair or reconstruction within twenty one (21) days of submission of written request to perform maintenance, repair or reconstruction. Neither party shall be obligated to share in the cost of maintenance, repair orreconstruction work to which that party has provided a reasonable objection. 4. BENEFIT BURDEN AND APPURTENANCE OF THE EASEMENT. The mutual easements granted herein run with the land and are appurtenant to the each party's property as the said property now exists and as the parties agree the properties it may be subdivided, partitioned, or relocated in the future and inures to the benefit of, and burden the respective successors and assigns of the Bank and the Church. The Bank and the Church, for themselves and their respective successors and assigns, agree to use the easement property in a manner that will not interfere with the use of the easements granted herein by any other person or entity entitled to such use. 5. INDEMNIFICATION. Bank and Church agree to indemnify, hold harmless and defend each other and each other's representatives and agents, from any claims, losses, damages, expenses, fees (including without limitation attorneys fees) or liability arising in any manner out of this Easement Agreement or use of the easement property by the other party's agents, employees, guests, independent contractors, and other such parties. Each party assumes all risk arising out of the party's use of the easement property and the parties shall have no liability to each other, or others using the easement property by or through each party. The obligation of each party to indemnify the other- shall include the - v t0 Proviuc a ucietlse or any claim by counsel reasonably acceptable to the non -indemnifying party. 6. NOTICE. As the terms "notice" or "notices" are used 'herein as between the parties, such term shall mean a written document, explaining in reason for the notice, and the same shall be mailed by United States Postal Service via certified mail, return receipt requested or by courier, Federal Express, Express Mail, or similar reputable service which shall obtain signature of receipt, and addressed to the party's last known address. Such notice shall be deemed to have been given on the date placed in the U.S. Mail or into the hands of a courier (described above), whether actually received by the addressee or not. The parties shall, as a matter of convenience and courtesy, send each party receiving notice a copy of said notice by facsimile or electronic means, but such notifications shall not be deemed lawful "notice" as required hereby. The parties shall fin-nish to the other party any change of address by written notice. 7. BREACH — REMEDIES — EQUITABLE RELIEF. The parties acknowledge that the uses provided by this Agreement are unique and that money damages alone for breach of this Agreement are inadequate. Any party aggrieved by a breach of the provisions hereof may bring an action at law or a suit in equity to obtain relief, including specific performance, injunctive relief and any other available equitable remedy. �. LEGAL, EFFECT AND ASSIGNMENT. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, personal representatives, successors and assigns. 9. ATTORNEYS FEES. If a suit, action, arbitration or other proceeding of any nature whatsoever, including without limitation any proceeding under the U.S. Bankruptcy code, is instituted, or the services of an attorney are retained, to interpret or enforce any provision of this Agreement or with respect to any dispute relating_ to this Agreement the prevailing na ?- l 1 'e _ r i gill act s a 1 h er+,t, d to rec ve o .'o::; `?:e losing party its ar¢n i --_,t, aralegal feesaccoi- ra,.ni ?e s. and^ i . Pa 2 — r 8 1ZTAAM,,TT : r� or other proceeding, the amount of fees shall be determined by the judge or arbitrator, shall include fees and expenses incurred on any appeal or review, and shall be in addition to all other amounts provided by law. 10. SEVERABILITY. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract, the latter shall prevail; but the provision of this Agreement which is affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 11. MODIFICATION OR AMENDMENTS. No amendment, change or modification of this Agreement shall be valid, unless in writing and signed by all the parties hereto. 12. WAIVER. Failure of either party at any time to require performance of any provision of this Agreement shall not limit the party's right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision. 13. RECORDING. The fully executed original of this Agreement shall be duly recorded in the Records of Flathead County, Montana. 14. COUNTERPARTS. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute but one and the same Agreement. 15. ENTIRE AGREEMENT. This Agreement and the License Agreement constitute the entire agreement between the parties, integrate all of the terms and conditions mentioned herein or incidental hereto, and supersede all negotiations or previous agreements between the parties or their predecessors in iriterest wtui R' Speci to all or any part of the subject matter hereof. ?'^gee - .ACT ;t�' ,1 REEE11�:-1 T IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate as of the day and year first above -written. CHURCH: Cornerstone Church By: Luke Knoll, Pastor STATE OF MONTANA ) ) SS. County of Flathead ) The forgoing instrument was acknowledged to me the by STATE OF MONTANA BANK: Valley Bank Bv: day of 12008, of Cornerstone Church. Notary Public for My commission expires: ) SS. County of Flathead ) The forgoing instrument was aclazowledged to me the day of by Notary Public for My commission expires: 2008, of Valley Bank. OWNER ('OR): CORNERSTONE COMMUNITY CHURCH BY: THOMAS, DEAN AND HOSKINS, INC. 31 THREE MILE DRIVE SUITE #101 KALISPELL, MT. 59901 PHONE: (406) 751-5246 DATE: SEPTEMBER, 2008 2 Yj- ALUM. MARKED 'MD STA. 85+90.+ LOT I v 2.948 AC. 1 P L O R R D G E N82't'o 07"E D R ;II i 2 I 9� * -I The City Council of Kalispell, Montana does hereby certify that it has examined this subdivision plot and having found the some to conform to low, approves it, and hereby accepts the dedication to public use of any and all lands shown on this plot as being dedicated to such use, this____—_doy of________________________. 200___. Theresa White, Clerk of Council Pamela S. Kennedy, Mayor Cvf7iU iCATE OF CITY ATTORNEY NE1 This Plat has been examined by the office of the City Attorney according to Section 76-3-612(2), M.C.A. relying upon title report No.__________________, and approved based on information submitted by the developer and/or his agent. Office of the City Attorney Kalispell, Montana LEGEND FND. 5/8" REBAR W/CAP MARKED o MARKED "9525 LS", OR AS NOTED o FND. 5/8" REBAR W/CAP MARKED "DOYLE 2516 S" 0 SET 5/8" REBAR W/CAP MARKED "11801 LS" SUBJECT BOUNDARY ADJACENT PROPERTY BOUNDARY - - - - - - - - - NEW ACCESS & UTILIITY EASEMENT CERTIFICATE OF SURVEYOR. REGISTRATION NO. 11801 LS APPROVED .20 — EXAMINING LAND SURVEYOR REG. NO. STATE OF MONTANA SS COUNTY OF FLATHEAD FILED ON THE —DAY OF—, 20— TIME: CLERK AND RECORDER —�"�— RECEPTION CONSENT TO PLATTING Pursuant to Section 76-3-612, Montana Code Annotated, 1979, the undersigned, acting on behalf of Valley Bank of Kalispell, being an owner of interest in the property to be subdivided as: CORNERSTONE COMMUNITY CHURCH SUBDIVISION do hereby consent to the platting of said subdivision. By: - CERTIFICATE OF NOTARY State of ) County of ) ss: On this day of 2008, before me the undersigned, a Notary Public for the State of , personally appeared +. known to me to be the person(s) whose names are affixed to the Consent to Platting and ackno ledged to me that they executed the same. 0\\0j,111I I I I I I I III Nql/////'/ Notary Public for the State of NOTAPJAL SEAL = Residing at '.,,��,9'• •'•�P� My Commission Expires .&�.\ ° Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: TD&H FOR: Cornerstone Community Church DATE: 9/2/2008 DESCP : CORNERSTONE COMMUNITY PURPOSE: Resub CHURCH SUB (L.1A Kal Add 15A 1-28-22) YEARS ASSESSOR # 2004 thru 2007 �2 or-) �' 0670375 E028307 2� 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., ©� F Deputy Treasurer (seal) Subdivision Guarantee Form 110-1282 (Rev. 3/31/04) Issued by Guarantee No.: 271740-CT First American Title Company 704 South Main/P. O. Box 1310, Kalispell MT 59901 Title Officer.- Janis Jarvis Phone: (406)752-5386 FAX: (406)752-9617 Form No.110-1282 (Rev 3/31/04) 1100041P129500 Subdivision Guarantee Form 110-1282 (Rev. 3/31/04) Form 1349 CLTA Guarantee Face Page (Revised 12/15/95) .� N; p d * f r Guarantee No.: 271740-CT First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, FirstAmerican Title Insurance Company a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceedinq 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 ATTEST SECRETARY First American Title Company AUTHORIZED SIGNATORY Subdivision Guarantee Form 110-1282 (Rev.3/31/04) Guarantee No.: 271740-CT SUBDIVISION OR PROPOSED SUBDIVISION GUARANTEE Order No.: 271740-CT Guarantee No.: 271740-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: Thomas, Dean & Hoskins, 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: LOT 1A OF KALISPELL ADDITION NO. 15A, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. TO BE KNOWN AS: CORNERSTONE COMMUNITY CHURCH SUBDIVISION. (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: Cornerstone Community Church (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 $413.81 $413.78 75-EO28307 Easterly paid paid portion 2008 $103.33 $103.33 75-0670375 Westerly paid paid portion Subdivision Guarantee Form 110-1282 (Rev.3/31/04) Guarantee No.: 271740-CT Deed of Trust dated June 26, 2008, to secure an original indebtedness of $100,000.00, and any other amounts and/or obligations secured thereby Recorded: June 26, 2008, as Instrument No. 2008-000-18107 Grantor: Cornerstone Community Church Trustee: First American Title Company Beneficiary: Valley Bank of Kalispell (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. 4. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by the recorded plats of Northridge Heights, the Amended Plat of Lots 1, 2, 3, 4, & 5, Block 9 Northridge Heights Section-3, Church of God Subdivision, Addition No. 15 to Kalispell, and Kalispell Addition No. 15A, and the proposed plat of Cornerstone Community Church Subdivision, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 5. Covenants, Conditions and Restrictions recorded as in Book 425, Page 414, 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). 6. Resolution No. 1055A, regarding the North Meridian Neighborhood Plan, recorded January 13, 1995, as Instrument No. 95-003-14250. Date of Guarantee: March 23, 2009 at 7:30 A.M. FIRST AMERICAN TITLE COMPANY STATE OF Montana ) SS. COUNTY OF Flathead ) Oil , before me, a Notary Public, personally appeared known to me to be the Authorized Signatory of the Corporation. �gliature of Notarial Officer Notary Public or, the State of Montc- Residing at: \ice �\ Comi-nission Expires: - 1 'Al IH4 EP DILL' St 1P, Of monitaina at' f:al, speit jv rya arja Subdivision Guarantee Form 110-1282 (Rev. 3/31/04) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Guarantee No.: 271740-CT 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 parry 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 parry, 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 nrnvide for the defensp of any artinn nr nrnrppding an Acciirpri chill c-- 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) 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed Its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. Guarantee No.: 271740-CT (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing parry. 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) Guarantee No.: 271740-CT Subdivision Guarantee Form 110-1282 (Rev.3/31/04) First American Title Company 704 South Main/P.O. Box 1310, Kalispell, MT 59901 Phone(406)752-5388 - Fax(406)752-9617 PRIVACY POLICY We Are Committed to Safeguarding Customer Information 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 Fair Information 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 Fairinformation 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 LOT 2 S L +: I' .J 4 r ' 0 I 4D FryY(Ete,DdWSkT FOUR MIL E 21 22 23 24 8 OT 3 H H, 1CA+ 5 HiLLTOPAVENUE - 3_74— 29 30 aANERY PARKONDO kRECTED 2DCC 6 7 8 lS 9 FA7 ` EAST PARKWAYDR T teT6 � 16 17 16 15 14 13 12 11 10 I °xAtiti °pD� g I 1 1 � s plat is provided solely for the =?` !e of assistingWLicating the land, 1 4 he Company assumes no liability I 2 iations, if any, with actual su 1 3 irst Americargftle Company 16 1 2 17 I O'NEIL 16 I ?0 1 15 25 o e C o 2DCA �Q�� 0� q c 14 _N $T1 RID _ _13 1 2DCD -„1�,Ai`• 2 y' 20 Su MIT 2 I O 19 9 t2 t8 Ott 6 17 8 `', o- 2W tp 7 ro I PARK 9 #1 aee 7 5 e Q4 'I aeA 7e 8 6A �eaA rR 4 KALISPELL 1` 3 C, 3 DD 1 3 3 N.� N01�G 15A I x I 5 2 Nod .4- ^ f 2 34 6 5 4 3 $LK 12 i DR. 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