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Final Plat for Amended Plat Lot 3REPORT TO: FROM: SUBJECT MEETING DATE: City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 website: kalispellplanning.com Kalispell Mayor and City Council Mark Crowley, Senior Planner James H. Patrick, City Manager Final Plat for Amended Plat of Lot 3 Daley Field August 1, 2005 BACKGROUND: This is a request from Schwarz Engineering on behalf of Murcon Development, Inc. for a seven lot commercial subdivision located on the west side of Highway 93 South, opposite Kelly Road. The property is zoned B-2, General Business, and contains approximately 7.4 acres. This parcel is located south of Rosauer's and contains an extension of Kelly Road. The Kalispell City Council approved this subdivision subject to conditions on December 6, 2004. All of the conditions have been met or are otherwise adequately addressed. No parkland dedication is required because this is a commercial subdivision. The attached transmittal letter lists conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. RECOMMENDATION: A motion to accept the subdivision improvements agreement and approve the final plat would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted MZrowleyames H. Patrick Senior Planner City Manager Report compiled: July 27, 2005 Attachments: Letter of transmittal Final plat application and supporting documents 3 use' City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-185 8 Website: kalispellplanning.com July 27, 2005 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Lot 3 Daley Field Subdivision Dear Jim: Our office has received an application from Schwarz Engineering for final plat approval of Lot 3 Daley Field Subdivision that plats seven commercial lots on approximately 7.41 acres. The property is located on the west side of US Highway 93 South, opposite of Kelly Road. This subdivision will extend a new road called Kelly Court, which will access an internal road g rovidin access to the north and south. providing The Kalispell City Council approved Lot 3 Daley Field Subdivision in December of 2004 subject to 15 conditions. Nearly all of the required infrastructure has been completed with the exception of landscaping, mail box unit, signage and sidewalks. A subdivision improvements agreement has been submitted to cover the remaining improvements. Two cashier's checks ($1,250.00 & $42,356.25) in the amount of $43��606.25 (125 percent of the cost of the remaining improvements) have been submitted with the final plat. The remaining improvements are anticipated to be fully completed by October 30, 2005. The following is a list of the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met or otherwise addressed. i COMPLIANCE WITH CONDITIONS OF APPROVAL Condition No. 1: That the development of the site will be in substantial conformance with the approved preliminary plat which shall govern the general location of the lots and accesses. • This condition has been met. Page 1 of 5 KFP-05-9 Lot 3 Daley Field 10% L;ondition No. 2.* That a letter from the Kalispell Public Works Department shall be obtained which states that the proposed plans and specifications all public infrastructure improvements have been reviewed and approved in accordance with Kalispell's Design and Construction Standards and have been reviewed and approved for compliance with those standards. Certification from an engineer licensed in the state of Montana shall be submitted with the final plat stating that all of the improvements have been constructed accordingly. This condition has been met. A letter from the Kalispell Public Works Department dated 1/24/05 has been submitted that acknowledges the City has reviewed and approved the water and sewer plans. A letter from the Kalispell Public Works Department dated 6/29/05 has been submitted accepting the, city owned infrastructure (water and sewer) improvements. Two letters from Montana Department of Environmental Quality are also attached (2/ 1/05 and 2/10/05). - Certification of road work is attached from Schwarz Engineering. Condition No. 3: An approach permit shall be obtained from the Montana Department of Transportation for the creation of the intersection at Kelly Road and � Hwy 93 and that any needed improvements be accomplished prior to the submitt4l of the final plat after being reviewed and approved by the MDOT. • This condition has been met. All improvements associated with the permit have been installed per Steve Herzog, MDT (see attached memo). Also attached is a Right-of-way Agreement dated 2/14/00 between the City of Kalispell and MDT. Condition No. 4: That a common mail facility be located for the subdivision and be approved by the local postmaster. This condition has been met. The Kalispell Postmaster's letter accepted the proposed location. The concrete pad and the box have been bonded for. Condition No. S.- The privately owned and maintained roads within the subdivision shall be named, signed and addressed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and approved by the Kalispell Fire Department. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. This condition has been met. A letter from Kalispell Fire Department dated 7/11/05 approved the addressing. A letter from Kalispell Public Works is attached. Condition No. 6: That an alternate roadway design be coordinated with the Kalispell Site Development Review Committee and the Kalispell Public Works Department for the internal private roadway including the access road onto Hwy 93 that aligns with Kelly Road. A letter from the Kalispell Public Works Department shall be obtained approving the final design and construction of the internal access road. This condition has been met. Attached is a letter dated July 13, 2005 accepting the certification of the applicant's engineer. -0 * A 0 Condition No, 7: That a letter be obtained from the Kalispell Fire Department approving the following: a. Water mains shall be designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. b. Fire hydrants shall be provided per City specifications at locations approved by'this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with Uniform Fire ,,Code (1997) Article 9. d. A minimum of two access points shall be provided. e. Approved fire department access shall be provided at the northwest comer of the project to maintain access to existing fire hydrant. • This condition has been met. The Fire Department provided a letter dated July 1 L 2005. A follow up call to F. Ray Ruffato confirmed all the above conditions have been met. Condition No. 8: That landscaping of the site be done in accordance with a plan approved by the Kalispell Parks and Recreation Department. • This condition has been met. A landscape plan has been approved by Parks and Recreation. These items have been bonded for. Condition No. 9: That a note be placed on the face of the final plat that states "Some building height restrictions may be applicable because of the proximity of these lots to the Kalispell City Airport. 0 This condition has been met. The note is on the face of the plat. Condition No. 10: All existing and proposed 'easements shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the requirement easements are being shown on the final plat. • This condition has been met. All easements are shown; a letter certifying said easements are in place is attached. Condition No. 11: All utilities shall be installed underground. • This condition has been met. All new utilities have been installed underground. Condition No. 12: Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. Page 3 of 5 KFP-05-9 Lot 3 Daley Field • This condition has been met. July 21, 2005 the Kalispell Site Review Committee reviewed and approved the street lighting plan, which will be implemented on a lot by lot basis. Condition No. 13: That a road user's association be created for the year-round maintenance of the internal roadway. • This condition has been met. An executed Road Maintenance Agreement is attached. Condition No. 14: That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. • This condition has been met. The subdivision improvements agreement includes landscaping, mail boxes and signage. Condition No. 15: That preliminary approval shall be valid for a period of three year,s from the date of approval. • This condition has been met. This subdivision has been filed within the allowed timeframe. 4Q, zvd;j The final plat is in substantial compliance with the preliminary plat which was reviewed and approved by the City Council on December 6, 2004. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance e . and the B-2, General Business, zoning designation for the property which governs the dimensional requirements of the lots within the subdivision as well as the uses. 1 W03 *9016 $ 0 $ It can' be found that the conditions of preliminary plat approval have been met or otherwise adequately addressed. The staff would recommend that the Kalispell City Council approve the final plat for the Lot 3 Daley Field Subdivision and accept the subdivision improvements agreement as submitted. Please schedule this matter for the regular city council meeting of August 1, 2005. 0 Sincerely, Mark Crowley Senior Planner Attachments: Vicinity/map Copy of plat 1 opaque mylars of final plat 1 reproducible mylar of final plat 1 copy of -final plat (1 1x 17) Ltr from Schwarz Engineering dated 6/30/05 Final plat application received 7/ 1 /05 Ltr from Kalispell Public Works Dept dated 1/24/05 Ltr from ' Kalispell Public Works Dept dated 1/24/05 Ltr from Kalispell Public Works Dept dated 6/29/05 Ltr from Montana DEQ dated 2/1/05 Ltr from Montana DEQ dated 2/10/05 Montana DOT Right-of-way Agreement dated 2/ 10/00 Kalispell Planning Department memo dated 7/26/05 Ltr from USPS dated 5/31/05 Ltr from Kalispell Public Works Dept dated 7/13/05 Ltr from Kalispell Fire Dept dated 7/ 11/05 Ltr from Kalispell Parks &, Recreation Dept dated 7/12/05 Ltr from Schwarz Engineering dated 6/6/05 Ltr from Schwarz Engineering dated 7/12/05 Road Maintenance Agreement executed 7/12/05 Treasurers Certification dated 6/30/05 Title report dated,5/3/05 Subdivision improvements agreement and certification Cashier's checks for $1,250 and $42,356.25 Declaration of Covenants, Restrictions and Easements 7/8/05 Design Guidelines c: Schwarz Architecture and Engineering, Inc. 100 Financial Drive, Suite 120, Kalispell, MT 59901 Murcon Development, Inc. #2510, 530 Eight Avenue SW, Calgary, Alberta T2P 3S8 Theresa White, Kalispell City Clerk Page 5 of 5 KFP-05-9 Lot 3 Daley Field THIS AGREEMENT, made and entered into this 12'hday of July 2005, by and between the CITY COUNCIL, City of Kalispell, Party of the First Part and hereinafter referred to as the CITY, and Murcon Development, Inc., whose address is H2510, 530 Eight Avenue SW, Calgary, Alberta Canada T2P 358, 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 Daley Field Subdivision, located in Section 20, T 28N, R 21W, Flathead County, Montana and, WHEREAS, the City has conditioned its approval of the final plat of Daley Field Subdivision upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed professional engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $341885.00. 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 Certificate of Deposit, in the amount of $43,606.25. , Said Certificates of Deposits 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 $43,606.25, 125% of the estimated cost of completing the required improvements in Daley Field Subdivision. Subdivision Improvements Agreement 711212005 Daley Field Subdivision, Kalispell, Montana Page I of 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 limit of credit stated in the letter. 2. That said required improvements shall be fully completed by October 30, 2005. 3. That upon completion of the required improvements, the Developer shall cause to be fled 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 Cityfor their construction and that the Developer warrants said improvements against an and,�all p p g Y defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, if. 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. Subdivision Improvements Agreement 711212005 Daley Field Subdivision, Kalispell, Montana Page 2 of S 1113 INA r r 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 wit1 hhold collateral sufficient to ensure 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 hall be returned to the Developer or the crediting institution, as is appropriate. collateral s p g IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. r n lop en , c. by (Title) Subdivision Improvements Agreement 711212005 Daley Field Subdivision, Kalispell, Montana Page 3 of 5 On this I a day of J UL-:/ 20 before me, a Notary Public for the Province of Alberta, personally appeared Murph Hannon, known to me to be the President of Murcon Development, Inc., whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. LW cA Nota Public.- Ov t wtv ry A L6c-K-�-A Residih-g at: O'BRIEN DEVLIN MACLEOD BARRISTERS & SOLICITORS 13109 5W - 8th AVENUE S.W. CALCARY, AB T2P 3S8 MAYOR, CITY OF KALISPELL By: 1 Mayor EXHIBIT A ATTEST: Finance Director Subdivision Improvements Agreement 711212005 Daley Field Subdivision, Kalispell, Montana Page 4 of 5 104142011 Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. IWANI This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CONSTRUCTION ESTIMATED COMPLETION CONSTRUCTION IMPROVEMENTS DATE COSTS I .5 0) 10/3 010Y $ 263,970-00 Sidewalks (1,860 If $ 14 Trees & Seeding (43*$ 155.00) 10/30/067= $ 605.00 Mail Boxes, Barrier 10130106� $ 1,250-00 (Separate Cashier Check) Subtotal $ 3405.00 TOTAL COST $ 34,885.00 TOTAL COLLATERAL (TOTAL COST x 125%) $433606.25 -7 Subdivision Improvements Agreement 711212005 Daley Field Subdivision, Kalispell, Montana Page 5 of 5 SCI I ARCHITECTURE& ENGINEERING 100 FINANCIAL DRIVE, SUITE # 120, KAUSPELL, Mr59M TEL 406.755.1333 www.schmnae.com FAX 406.755.1310 44 WEST6TH.AVENUE, SUITE110, HELENA, MT59601 TEL 406.442.2032 FAX 406.442.2124 Letter of Transmittal TO: DATE: 7/8/2005 JOB NO.: Narda Wilson ATTENTION: Narda Wilson Kalispell Planning Department 17 Second Street East Kalispell, MT.59901 RE: Dal Field Subdivision Daley Comments: Narda, please find attached the final CCR's and MOU for inclusion in the Final Plat submittal for the Daley Field Subdivision. We are sending you ® Attached ❑ Under separate cover via the following items: OPlans ElSpecifications ❑ Copy of letter F]Photos E]Disks I n ('hrinnP nrrir=r 1—I cAhnn Hrnwinnc MC)thPr • ('C'R.R S/MC�(1 Copies Date No Description 1 July 8, 2005 Declaration of Covenants, Restrictions, and Easements 1 June 10, 2003 Memorandum of Understanding THESE ARE TRANSMITTED as checked below: n For review nFor approval Z For your use nApproved as noted As requested E]Returned for corrections ❑ For review and comment ❑ I COPY TO: Murph Hannon, Murcon Development, Inc. Project File SIGNED: Kathi L. Costa I El Approved as submitted RSubmit copies for distribution [:]Resubmit copies for approval h D [E %rc-azl E 0 V E JUL 08 2005 D KAUSPELL PLANNING DEPARTMENT ARCHITECTURE SCFiWA(tZ June 30, 2005 Ms. Narda Wilson Tri-City Planning Office 17 Second Street East Kalispell, MT 59901 Re: Final Plat for Lot 3 of Daley Field Subdivision Section 20, T 28N, R 21 W, Flathead County Dear Narda: Murcon Development, Inc., developers of Lot 3 of Daley Field Subdivision, wish to file for Final Plat approval at this time. Improvements have been completed as described in the following item -by -item breakdown of the fifteen (15) conditions listed in the Preliminary pp Plat Approval dated December 6, 2004. A final plat application with filing fees is enclosed. 1. The site has been developed in substantial conformance with the approved Preliminary Plat. 2. A letter from the Kalispell Public Works Department is currently being prepared; once received, our office will forward a copy to you. 3. Anapproach permit for the improvements to the subdivision has been obtained from the Montana Department of Highways; copy enclosed. 4. Aletter from the U.S. Postal Service approving the mail service plan is enclosed. 5. The roads have been constructed in accordance with the City of Kalispell adopted Standards for Design and Construction. A letter from a licensed engineer certifying that the improvements have been constructed is enclosed. A letter from the Kalispell Public Works Department approving this phase of the project as constructed is currently being prepared; once received, our office will forward a copy to you. 6. A letter from the Kalispell Public Works Department is currently being prepared; once received, our office will forward a copy to you. A letter from the Kalispell Fire Department approving the fire access and suppression 7. p _ . system is currently being prepared; once received, our office will forward a copy to Y y g . you. 8. A section has been added to the Conditions, Covenants & Restrictions. 9. A note has been placed on the final plat. SCHWARZ ARCHITECTURE AND ENGINEERING, INC. 100 Financial Dr., Suite 120 - Kalispell, NIT 59901 - Tel: 406.755.1333 - Fax: 406.755.1310 - www.schwarzae.com m z n z m m z n Narda Wilson, Tri-City Planning Office 613012005 Final Plat for Lot 3 Daley Field Subdivision Page 2 of 2 10. All easements are shown on the final plat. A letter from the Kalispell Public Works Department is currently being prepared; once received, our office will forward a copy to you. 11. All utilities have been placed underground. 1 12. Lighting requirements are noted in the Conditions, Covenants & Restrictions. 13. A Road Users Agreement has been attached. 14. The subdivision is complete. 15. Noted. Please call me if you have any questions. Sincerely, SCHWARZ ARCHITECTURE & ENGINEERING,. Inc. M rc Liechti Enclosures as Listed Cc: Murcon Development, Inc. Project File # 1100.03 \\Saeserver\documents\Project Filies;\Hannon, Murph Murcon Development\Daley Field SubdivisionVinal Plat Application\Narda Wilson, June 30, 2005.doc artmen Cl*tyof a Is ell Publi*c Works Dept q I e Box 1997 Kalispell, Montana 59903-1997 - Telephone EPost Office pe hone (406)758-7720, Fax (406)758-7831 P January 24, 2005 Schwarz Architecture & Engineering 100 Financial Drive, Suite # 120 Kalispell, Montana 59901 Attention: Marc Liechti RE: Lot 3 Daley Field Subdivision Kalispell, Montana Dear Marc: The construction plans and supporting documents for the referenced project are hereby approved. Attached is your copy of the letter of approval sent to the Flathead City -County Health Department. We look forward to working with you on this project. Respectfully, Frank sties, P.E. Assistant City Engineer Attachment: As Stated JAN 2 5:1005 BY: t 1DepartmentIt o a Is e u � ors Post Office Box 1997, Kalispell, Montana 59903-1997 = Telephone (406)758-7720, Fax (406)758-7831 January 24, 2005 Environmental Health Services Flathead sty -County Health Department 1035 First Avenue West Kalispell, Montana 59901 Attention: Dick Montgomery, P.E. RE: Lot 3, Daley Field Subdivision Kalispell, Montana Dear Dick, This leer is to confirm that the City of Kalispell has reviewed and approved the plans and specifications prepared by Schwarz Architecture &Engineering, for the referenced projec#. The Kalispell water and sanitary sewer systems have adequate capacity to serve the project. Please feel free to call if you have any questions. SIf1Ce1'el}/, Frank Castles, P.E. Assistant City Engineer .i cc: Marc Vechti Schwarz Architecture &Engineering City oWorks - Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 I+ J-u n e 29, 2005 Murcon Development, Inc. #2510, 530 Eighth Avenue SW Calgary, Alberta UP 3S8 Re: Lot 3, Daley Field Subdivision Kalispell, Montana Gentlemen The City of Kalispell Public Works Department hereby approves the existing, completed City owned infrastructure for the referenced subdivision. Approval by the City of Kalispell for the City owned and maintained improvements is granted based on the following: 1. Engineers' letter(s), certifying that the improvements within the referenced subdivision have been inspected and installed in accordance with the City of Kalispell standards and the approved plans F` and specifications. E 2. Our video records of the sanitary sewer system. 3. Receipt of Certificate of Deposit in the amount of $6,200.00 USD for the one-year Warranty Bond for the City owned and maintained improvements. The one year warranty period for the City owned and maintained existing, completed improvements commenced on June 28, 2005. If you have any questions, please do not hesitate to contact this office. Sincerely, fi Frank Ca les, P.E. Assistant City Engineer Cc: Marc Leicti Schwarz Architecture and Engineering, Inc. Narda Wilson, Senior Planner Trinity Planning Office Carol Kostman Assistant Finance Director B"If . a, a W a M W = W W'a W M W'o ag 40 � W . '0 Montana Department of UALITY Brian Schweitzer Govern NVIRONMENTAL r o P.O. Box 200901 Helena, MT 59620-0901 (406) 444-2544 www.deq.state.mt.us February 1, 2005 Schwarz Architecture & Engineering Inc Marc Liechti 100 Financial Dr Suite # 120 Kalispell MT 59901 RE: Daley Field Subdivision Lot 3 Municipal Facilities Exclusion EQ#OS-2209 City of Kalispell � Flathead County 1 Dear Mr Liechti: 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. Under 76-4-125(2)(d) MCA, this subdivision is nd:, 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 f 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, Chapterl6 and Title 76, Chapter 4. Sincerely, Janet Skaarland Compliance Technician Subdivision Section Water Protection Bureau (406) 444-1801 —email jskaarland@state.mt.us cc: City Engineer. County Sanitarian file X&C FEB 0 3 2005 j3 "t. Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Rem ediation Division INNEENNEFFIp- ppp- Montana Department of NVIRONMENTAL QUALITY Judy Mart7, Governor 109 Cooperative Way - Suite 105 - Kalispell, MT 59901-2389 - (406) 755-8985 - FAX (406) 755-8977 Marc Liechti February 10, 2005 Schwarz Architecture & Engineering, Inc. 100 Financial Drive, Suite 120 Kalispell, MT 59901 RE: Daily Field —Lot 3 W & S Extensions, EQ#04-2209 Dear Mr. Liechti: Plans and specifications for the above -referenced project have been reviewed by personnel with the Permitting & Compliance Division utilizing the certified checklist procedure. The plans and specifications are hereby approved. One set of plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. Approval is based on plans and specifications received February 04, 2005 under the seal of: James Philip Henjum, P.E.# 15673 PE. Approval is also given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. Within 90 days after the Jro' ect has been completed the project engineer shall certify to the Department that the p project was inspected and found to be installed in accordance with the plans and specifications approved by the Department. This certification shall be accompanied by a set of "as -built" record drawings signed by the project engineer. It is further understood that construction will be completed within three years of this date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. This three-year expiration period does not extend any compliance schedule requirements pursuant to a Department enforcement action against a public water or sewage system. Please be aware that this project may need a storm water general permit. Please contact the Water Protection Bureau at 406-444-3080 for more information. Si cerel , alter au , P.E. Environmental Engineer Specialist Public Water Supply Section Public Water Supply and Subdivisions Bureau cc: Murcon Development Inc. RECEIVED FEB 14 2004 City of Kalispell, Department of Public Works Flathead County Sanitarian File Centralized Services Division - Enforcement Division - Permitting & Compliance Division - Planning, Prevention & Assistance Division - Remediation Division A S T FILE STA'M OF MONTANA DEPARTMENT OF'TOPY RIGHT-OF-WAY R/W #28 (Rev. 10/95) P.E. PROJECT I.D. Ashley - Kalispell Section ( - Kalispell) R/W PROJECT I.D. _ P-F 5-3(39)104 Designation Flathead UNIFORM PROJECT #1012-039 County Parcel From Station To Station Subdivision Section Township Range 190 1261+22 LL 126+01 LL Lots 1 & 3 20 28 N " 21 of the Daley Field Subdivision Plat List Names & Addresses of the Grantor, Contract Purchaser & Lessee Owner City of Kalispell P.O. Box 1997 Kalispell, Montana 59903 Richard Amerman, Kalispell City assistant Engineer, (Phone: 758--7724) 1. IN CONSIDERATION OF THE PAYMENTS HEREIN SET FORTH AND THE SPECIFIC AGREEMENTS TO BE PERFORMED BY THE PARTIES HERETO AND WRITTEN IN THIS AGREEMENT, THE PARTIES BIND THEMSELVES TO THE TERMS AND CONDITIONS STATED HEREIN. NO VERBAL REPRESENTATION OR AGREEMENTS SHALL BE BINDING UPON EITHER PARTY. GRANTOR CERTIFIES THAT ANY ENCUMBRANCES ON THE PROPERTY ARE SHOWN ON THIS AGREEMENT. THIS AGREEMENT IS EFFECTIVE UPON EXECUTION BY THE SUPERVISOR, NEGOTIATION SECTION OR A DESIGNATED REPRESENTATIVE, AND POSSESSION OF THE PROPERTY IS GRANTED TO THE DEPARTMENT ti'v HEiv IT SENDS THE PAYMEN (S) AGREED TO BELOW. GRANTORS CON TRACT THAT THEY WILL, ON DEPARTMENT'S REQUEST, EXECUTE A DEED REQUIRED BY DEPARTMENT FOR ALL REAL PROPERTY AGREED TO BE CONVEYED BY THIS AGREEMENT. 2. COMPENSATION FOR LAND AND IMPROVEMENTS (List acres and improvements in the acquired area.) 9515 sq R Construction permit $ -©- 3. OTHER COMPENSATION: 4. TOTAL COMPENSATION (includes all damages to the remainder): S - - 5. IT IS UNDERSTOOD AND AGREED THE STATE SHALL MAKE PAYMENT AS FOLLOWS: 6. At no expense to the Grantors and at the time of highway construction, permission is hereby granted the State to enter upon the Grantors' land, where necessary, at the following locationjs� and for the purposed described as: Road Approach Development A. Station 122+15 Construct Public road approach for the Kelly Road approach ,.LT SOP_ pN Station 3.25. �5 Co.....ruc; Pubic road approach for 3 Ai enue approach LT 54 Grantors understand and agree that upon completion of the construction of these itern(js located upon the Grantors' land, they shall be considered the sole property of the Grantors, and the maintenance and repair of said property shall be the responsibility of the Grantors. V. �1 r ad " (Continued on Next Page) 11l k Q -i- C. C. Project I.D. -F 5-3(39)1 1012-039 - Kalispell (Ashley Cr. • Kalispell). (Continued from Previous Page) i We understand that we are required to provide our correct taxpayer identification number(s) to the Montana Department of Transportation and that failing to comply may subject us to civil and criminal penalties. We certify that the number(s) below is/are our cornett taxpayer identification number(s). CiQ c.. /1 D Lo Signature City of KalispelJ (Date) Tax I.D. No. Signature (Date) Tax I.D. No. Signature (Date) Tax I.D. No. Signature (Date) Tax I.D. No. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates shown. RECOMMENDED FOR APPROVAL: APPROVED FOR AND ON BEHALF OF THE MONTANA DEPARTMENT OF TRANSPORTATION: ' gent Daniel W. Walls (Da } Su isor — Field Section (Date) Right -of -Way A :Q:RW: Supervisor — Negotiation Section (Date) N 1N3W3SV3 / MON Q� 1N3W3SV3 / MOU CD Z U p Y J _ = W H W IY tn co O 0 t� F-- 0 d a mjW D w ' C> Z m > � � W Q ti 0 �a-v w� 0 a a a�lz- �W I - pa p wpm ZW m U �0 ~ .L �W U) w O W5 w a o0 p00 w �rc=n w-w0- 1Q p0.� U¢ 2 WZ¢o >"w m m LLF _� � d� O QCL Vim= �p m Z _jC) 0 F"�� 90 v) jh- Cl) =WZ Vj Cl) �Q m awZ(Oj �-p,� W W (� C6 dJ�O WJ L1 00 tq lL Z UJ F- h=-- Cl wv 0Do CD �� 0 w0-j - WZt- OW C D - DQ VZ tn� w'=P0 p- 0 �r a, Z M M I-- - co Y cn OC 0 © O �Q�O w¢ F- w mWCL �M a e= CV vi 4 O �wO�J _ � � - w:;� W = W 0 d . O 0 O W Q d W z 0 cr W W W 0 wZ Ix 0 co 0 E- Y 0 < Z UJ I-,U)w U O W ~ L 3:W �- z�Z 0 W Co OG p C�t1 QQ W W w W Z ~ C/) D =Z o WWw = m II-W 0 F-- 0 0-0-YZ m LL- Q O Co QUJWL) =~f-a. �WW W=u.lm � � J w J = d o �0om co}}Z..�ww J Z W w 0 V �� az-iD TZgM*O:T'yeW'WV £I:Zb:e SOOZ/Z/9' TT) ZIXTI 16mP'lIAD\6m"aU AaIe014gjnW u: City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com MEMO UM TO: File — KFP-05-9 LOT 3 DALEY FIELD FROM: Tom Jentz, Director RE: Approach permit - XMT DATE: July 26, 2005 Per a phone conversation with Steve Herzog, Kalispell MDT Office, the approach permit will be e issued by MDT within the immediate future. The applicants have complied with all conditions of the permit and the department is ready to proceed with the permit issuance. Steve said per the plat condition #3 that he has no concerns and the actual issuance of the permit is imminent baring some administrative hold ups at his end. FLATHEAD STATION 248 FIRST AVENUE WEST KALISPELL MT 59101-9998 May 31,2005 Planning Board: RE: Daley Field To whom it concerns: The above referenced project has been reviewed. A suitable location for mail delivery has been established . Centralized boxes will be installed with a turnout area marked for the carrier to service and leave theses boxes. The developer will be responsible for purchasing the CBUs. The Developer or homeowners individually or collectively will be responsible to keep the roadway and area to the boxes clear of ice and snow. I If you have any questions please feel free to call me at (406) 755-0187. Sincerely yours: Elden Marvel Manager Customer Services RECEIVED JUN 011005 (406Y755-0187 Fax: (406Y755-0376 r q� - .�. City Kalispell Works Departm ent �. Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 July 13, 2005 Murcon Development, Inc. #2510, 530 Eighth Avenue SW Calgary, Alberta T2P 3S8 Re: Lot 3, Daley Field Subdivision Kalispell, Montana Gentlemen The City of Kalispell Public Works Department hereby accepts the certification from James P. Henjum, P.E., that the internal roadways within the referenced project were constructed in general conformance with the Kalispell Design Standards and AASHTO road standards. If you have any questions, please do not hesitate to contact this office. Sin er ly, Frank Castles, P.E. Assistant City Engineer Cc: Marc Leicti Schwarz Architecture and Engineering, Inc. Mark Crowley, Kalispell Planning Office KAILISPELL FIR-E DEPARTMENT 312 First Avenue East Rand 1'3rc�dehl -Fire Chief � Kalispell, Montana 59901 y }.�� (406) 758-7760 Dan Diehl — Assistant Chief/Operations Brent L. Christopherson — Assistant Chief/Prevention FAX: (406) 758-7952 July 11, 2005 Schwarz Architecture & Engineering, Inc. Attn: Mark Liechti 100 Financial Dr - Suite 120 Kalispell, MT 59901 Re: Daley Field Dear Mr. Liechti, In response to your request for approval of the above -referenced project, our department approves final plat for Daley Field, with the following information and conditions: ❑ As the project builds out, approved fire department access shall be provided at the northwest corner of the project to maintain access to the existing fire hydrant. ❑ Project addressing shall be approved by the fire department. As was discussed, we would like to see an emergency vehicle access point where the current interior north -south road terminates at the Rosauers property. It is my understanding Mark Crowley of the Kalispell Planning Department is working with the management of Rosauers to facilitate this request. We will have additional input into the specifics of the access point if Rosauers is amenable to the proposal. Please contact me if you have any questions. Sincerely, Brent . Christop rson Assistant Chief/Pr ention cc: Narda Wilson, Kalispell Planning Office Mark Crowley, Kalispell Planning Office' "Assisting our community in reducing, preventing, and mitigating emergencies. " of Kalisp"/' f Parks and Recreation July 12, 2005 35 1 "Ave East — P O Box 1997 —Kalispell MT 59903-1997 Phone: (406) 758-7718 Fax: (406) 758-7719 Email: parknrec@kalispell.com Mr. Mark Liechti Schwartz Architecture & Engineering Inc. 100 Financial Drive, Suite 120 Kalispell, MT 59901 Re: Daley Field Subdivision Dear Mark: This letter is to serve as approval on the proposed landscaping plans per our discussion today, July 12, 2005. It is agreed that you are will be responsible for bonding for landscaping improvements for Daley Field subdivision to include 49 trees of 2 %4" caliper (of an approved species from the Kalispell Parks department planting list) and 2100 feet of 5' seeded blvd. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings, at which time bonding and/or letter of credit would be released if it is in place. It has been enjoyable working with you, if you have any concerns or questions please give me a call. Sincerely, Wichael,Baker, Director cc: Mark Crowley, Kalispell Planning Office - ARCH:ITECTU RE �K` ` Ce". Y { 50-� . ARZi June 6,20.05 C Frank Castles,. P.E.- city, -of-Kalispefl .. PO: Box 1997 Kalispell-, MT 5990-1 'Re: Daley Field Subdivision Kaf�ispe11, Monaana Dear. Frank: Pursuant to conditions of the Kalispell Design Stand.' rds, we hereby certify we have ins . ected-t:he above.- named' Subdivision and found the roads - have .been 'cons•tructe with a base and s`u�bbase' J. tegrity.in general. con :ormance 'to Ka.lispell .Desig:n Standards and AASHTO road standards with dimensions as. noted *below: The :roadwa has a minimum ravel drivin surface width of 28 feet. Aggregate base T Y g g consists of 6'' of 3/4" 'minus crushed gravel ' ver.9�" of select subbase. The fin'a.l 4" of asphalt will be. .laced 'as soon as. possible, at which, time.inspection and testing. will be.perforrried. Up.on k com.pletion.. a..certification lefiter will be provided. Sincerely, SCHWARZ ARCHITECTURE & ENGINEERING, ln.c. �8•05 Encl.-: Road -Detail Cc: MurconDevelopment, Inc. Project File #1100.03 \\Saeserver\documents\Project.Files\Hannon, Murph Murcon Development\Daley Field Subdivision\Final Plat Application\Road Certification, June 6.'2005.doc SCHWARZ ARCH ITECTU RE AND EN6.1 NE E RI N6, 1 NC. . 100 Financial Dr., Suite 120 - Kalispell, MT 59901 - Tel': 406.755.1333 -Fax: 406.755.1310 - www:schwarzae.com ARCHITECTURE July 12, 2005 Frank Castles, P.E. City of Kalispell P.O. Box 1997 Kalispell, MT 59901 Re. y • Dale Field Subdivision Kalispell, Montana Dear Frank: Pursuant to co p g conditions of the Kalispell Design Standards, we hereby certify we have inspect ed the above named subdivision and found the roads have been constructed with a ba se and subbase and pavement integrity in general conformance to Kalispell Design' Standards and AASHTO road standards with dimensions as noted below. roadway y has a minimum ravel driving surface width of 28 feet. The pavement section is The ro y g " halt with a re ate base consists of 6" of 3/4" minus crushed gravel over 9" of select 4 asp gg g subbase. Sincerely, SCHWARZ ARCHITECTURE & ENGINEERING, Inc. J nc� V Cc: Murcon Development, Inc. �i Mark Crowley Project File #1100.03 \\Saeserver\documents\Project Files\Hannon, Murph Murcon Development\Daley Field Subdivision\Final Plat Application\Road Certification, July 12, 2005.doc m z n z m m z n SCHWARZ ARCHITECTURE AND ENGINEERING, INC. 100 Financial Dr., Suite 120 Kalisp ell MT 59901 - Tel: 406.755.1333 - Fax: 406.755.1310 - www.schwarzae.com --�/ made and entered into this day of °��'`� , 2005, by Murcon Development, Inc. This AGREEMENT ism Y of Calgary., Alberta Canada, herein after known as "Grantor." Whereas, Grantor is the owner of tracts of real property described as Lots A, B, C, D, E, F & G of the NW 1/4 , Section 20, T 28N, R 21 W, Flathead County, as shown on Certificate of Survey No. Lot 3 of Daley Field Subdivision, which is on file and of record in the office of the Clerk and Recorder, Flathead County, Montana. Whereas, the Grantor is the owner of the road serving the five lots, located within a 60 foot road and utility easement situated as shown on Exhibit "A", included with and made a part of this Agreement. Now, Therefore, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor wishes to grant and convey to seven (7) parties each, an equal interest in the road together with all easements necessary for the beneficial use and enjoyment of the road system. 1. GRANT OF INTEREST IN ROAD SYSTEM Lots A, B, C, D, E, F & G of NW'/4 , Section 20, T 28N, R 21 W, Flathead County as shown on Certificate of Survey No. Lot 3 of Daley Field Subdivision shall each receive a one -seventh (1/7) interest in the road system. 2. EXPENSES TO BE SHARED The parties agree to share the costs and expenses of maintaining the above -described easement and private road in good repair for a period commencing with the date of this agreement and ending at such time as all parties agree as set forth herein. 3. MAINTENANCE AND REPAIRS DEFINED The repairs and maintenance to be undertaken and performed under this agreement shall include the following and only the following: filling of chuck holes when necessary, any resurfacing when necessary, graveling when agreed to as to cost and amount by all parties, and any necessary snow removal as agreed to by all parties. Any additional repairs or maintenance deemed necessary or advisable, but not included within the Maintenance and Repairs specified above, shall not be undertaken under this agreement except with express written consent of each of the parties and an assumption by each in writing of their proportionate share of financial liability for the cost of such additional repairs or maintenance. 4. LIMITS OF LIABILITY The parties hereto agree to bear equally the costs and expenses of repairs and maintenance authorized pursuant to this agreement. 5. DESIGNATION OF AGENT Murcon Development, Inc., whose address is #2510, 530 Eight Avenue SW, Calgary, Alberta Canada T2P 3S8, is hereby designated as the agent of the parties to contract for and oversee the repairs and maintenance authorized under this agreement: He agrees to act without, compensation and he further agrees to keep bookkeeping records of all expenses and requests for reimbursement from the parties. 6. ADVANCEMENT OF COSTS AND EXPENSES On the execution of this agreement by the parties, and the acceptance by of his agency, the parties agree that the agent shall have the authority to pay all expenses himself and then ask for the pro-rata reimbursement from the parties or he shall have the right to collect any funds in advance which will be held in trust by him for any proposed maintenance. 7. ACCOUNTING BY AGENT The agent shall furnish to the parties hereto in writing, a report of the maintenance and repairs undertaken, costs and expenses incurred, and receipts for the payment of costs and expenses within thirty (30) days after the occurrence of any such costs and expenses. The parties hereto agree that they shall reimburse and pay to the agent their pro-rata share within ten (10) days after receipt of a written statement indicating amount owed. 8. PERSONAL INJURY, PROPERTY DAMAGE, INSURANCE All parties hereto agree that there shall be no separate insurance policies covering any occurrences which happen on this roadway. Each party further agrees that they will maintain, in force and effect, an insurance policy which said insurance shall be sufficient to cover any damages arising out of any act or occurrences occurring on the road by any party and they shall bear liability in relation to their connection therewith. Any party, a , who shall, by their own act or negligence, damage the road while snow plowing, logging, construction, or the like, will be liable for repairing said damages within thirty (30) days after they occurred at their sole expense. 9. LEGAL ACTION Any and each party shall have the right to bring legal action against any other party for violation of any of the provisions of this agreement, or to collect any payments due hereunder in any legal costs or other costs reasonably incurred to enforce this agreement shall be paid the offending party. 10. BINDING AGREEMENT All parties agree that this agreement shall be binding upon their heirs, executors, assigns, and successors in interests to their property to the terms and conditions set forth herein. 11. 'AMENDMENTS AND TERMINATION This agreement may be amended or changed upon the written consent of all parties involved, and this agreement may be terminated at any time by the entering into of a formal written termination agreement agreed to and executed by all parties. Said written consent as discussed herein shall not be unreasonably withheld if circumstances and events indicate that termination would be for the good and benefit of the parties. 12. NOTICES Any notice or presentment of a statement for repairs or maintenance performed pursuant to this agreement shall be sent to each of the other parties w ith interest in the water system. Any required notice or statement may be either hand delivered or mailed by U.S. mail, postage prepaid and delivery thereof *shall be deemed to have occurred upon the date of deposit with the U.S. mail. 113. INDEMNIFICATION Each of the parties agrees to indemnify the other against all liability for injury to himself or damage to his property when such injury or damage shall result from, arise out of, or be attributable to any maintenance or repair undertaken pursuant to this agreement. 14. INUREMENT The provisions of this agreement are for the benefit of and appurtenant to the real property above - described and the right and obligations set forth herein shall run with the tracts of real property and shall inure to� he benefit of and be binding upon the parties her 'tNir heir successors and assigns. IN WITNESS WHEREOF, the parties set thel to is g e e On this I c1 day of �(A,%/, 2005, before me, the undersigned, a Notary Public for the Province of Alberta, personally appeared Murph Hannon, known to me to be the person whose name is subscribed to the foregoing instrument as an individual. In WITNESS WHEREOF, I have hereunto set my hand and affixed my official notary seal the day and year in this certificate first above written. 01W4,4'>Tbf-f ::5i1L1ctT0A,- Notary Public for the Province of Alberta Residing at: Ct1S_.-n ty 0 MaeserveAdocumentsTroject FileMannon, Murph Murcon Development0aley Field SubdivisionTinal Plat Appii0BRENs DEVLtNc MACLEOD BARRISTERS & SOLICITORS 131®, 5W - 8th AVENUE S.W.- CAL GARY, AB T2P 3S8 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 599*01 (40G) 75 8-5 510 This Form is for Subdivisions & CondorniniLIMS Only BY: DESCP: ice+. /�� G�� 3 of D� �.�vC� �-6 (zo-a8-21) YEARS ASSESSOR # 2000 THRU __a 00 t _ _ a � � �___ &TO DATE DATE C��.� �D s PURPOSE I hereby certify that there are no otitstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. Deputy Treasurer (seal) made as of the day of , 2005, by THIS DECLARATION is y M URCON DEVELOPMENT INC., a Nevada corporation, of 2510, 530 - e Xvenue S.W. Calgary, Alberta T2P 3S8, hereinafter referred to as "Declarant." 1. Declaration and Purposes. (a) Declarant is the owner in fee of that certain real property known as Lot 3 of Daley Field Subdivision, more particularly described in Exhibit A attached hereto (the "Property" or "Daley Field"). The lots within the Property may hereafter be referred to in the p singular as "Lot" or in the plural as "Lots." By this Declaration, Declarant intends to establish a means to ensure proper use and appropriate development and improvement of the Property for the benefit of Declarant, its successors and assigns, and all future owners in fee of the Property or of any part or parts thereof. The term "Owner" shall hereinafter refer to any owner of a fee interest in the Property or any Lot. (b) To further the purposes herein expressed, Declarant, for itself and its successors and assigns, hereby declares that the Property shall at all times be owned, held, used, and occupied subject to the provisions of this Declaration and to the covenants, restrictions, and easements contained herein. 2. Easements. Declarant hereby declares, establishes, and grants the following easements, which shall be deemed to run with the land, shall be appurtenant to the Property, and shall be a burden and benefit to Declarant, its successors and assigns, and to any person or entity owning a fee interest in the Property or any part thereof. (a) Subject to certain exceptions contained in the following sentence, Declarant hereby declares, establishes, and grants mutual, reciprocal, permanent, and non-exclusive easements of passage and use, both pedestrian and vehicular for the parking of vehicles and ingress and egress to and from the roadways adjoining the Property, in, to, upon, through, and over those portions of the Property (which are not from time to time improved with buildings or other structures) and which are intended for use as landscaped areas, drive aisles, driveways, pedestrian walkways, sidewalks, parking areas, and parking spaces, generally as set forth in the Site Plan attached hereto. Notwithstanding the generality of this grant, the owners of Lots A, B, F, and G. and their employees, invitees, customers, and guests, shall have no direct access to U.S. Highway 93 from such lots, nor shall the owners of Lots B and G, and their employees, invitees, customers, and guests, have direct access to such lots from Kelly Court. Final version - 7/13/2005 9:17 AM (b) Declarant hereby declares, establishes, and grants mutual reciprocal, permanent, and non-exclusive easements in, to, upon, through, and under the Parking and Access areas for the installation, maintenance, connection, repair, and replacement of underground utilities, including all utility lines, wires, pipes, conduits, and related appurtenances with respect to electrical, gas, telephone, cable television, water, sewer, and other utilities, subject to the following conditions. Prior to the exercise by an Owner ("Benefited Owner") of any rights under these utility easements on a Lot owned by another Owner ("Burdened Owner"), the Benefited Owner shall provide the Burdened Owner with a written description of the scope of the work that the Benefited Owner desires to perform on the Burdened Owner's Lot, together with a survey and legal description of the parcel ("Affected Parcel") to be affected by such utilities work: Prior to proceeding with the utilities work, the Benefited Owner shall receive the approval of the Burdened Owner, which shall not be unreasonably withheld. The Benefited Owner shall indemnify and hold harmless the Burdened Owner from and against any and all claims, obligations, losses, costs, and damages in connection with the Benefited Owner's exercise of its rights in connection with these utilities easements and shall, at its expense, following completion of the work, restore the Affected Parcel and the improvements thereon to their condition existing prior tb the commencement of the work. Any necessary repair and maintenance of utilities improvements installed pursuant to these utilities easements shall be conducted by the Benefited Owner at its expense. (c) The easements granted hereby shall be for the benefit of and restricted solely to the Owners from time to time of all or any portion of the Property. Any such Owner during its period of ownership of any part of the Property may grant the benefit of such easements to its tenants and such Owner's and tenants' customers, employees, and business invitees, but such easements are not intended and shall not be construed as creating any rights in and for the benefit of the general public or a dedication for public use. (d) The easements herein granted shall be used and enjoyed in such manner as to cause the least possible interference with the conduct and operation of any business from time to time existing on the Property, and the parties shall use their best efforts to ensure that p the business of any Burdened Owners shall be operated during normal business hours. No fences, barriers, or other obstructions shall be erected or maintained between the Lots comprising the Property, except as necessary to facilitate the smooth and safe traffic flow over the Property; provided, however, Declarant, for itself and subsequent Owners, reserves the right to close temporarily all or any part of that portion of the Property to such extent as, in the opinion of Declarant or said Owners, may be minimally, reasonably, and legally necessary and sufficient to prevent a dedication thereof or an accrual of any rights in the public generally or in any person other than as expressly provided above. Any such temporary closing shall be further subject to the reasonable consent of all Owners of the p ry g Property. Final version - 7/13/2005 9:17 AM 0 (e) In addition to the easements set forth in this Section, the Property is subject to the terms and conditions of a Memorandum of Understanding - Termination and Grant of Easeme nts and Road Maintenance Agreement dated June 10, 2003, a copy of which is attached hereto. 3. Covenants and Restrictions. (a) Property Owners Association. The Declarant shall create a Property Owners Association to be called the Daley Field Property Owners Association ("DFPOA"), comprised of all owners of lots in the Daley Field subdivision. The Daley Field Property Owners' Association shall be formed at a time to be designated b the Declarant, but no later than when SEVENTY-FIVE PERCENT (75%) of � y the lots have occupied structures. Each lot owner is required to be a member of the DFPOA and each lot owner is a member of the DFPOA by virtue of his acquisition of a lot in Daley Field. The owner or owners of each lot shall be entitled to a single vote per lot iri the g DFPOA. Lot owners are encouraged to remain active members of the Property Owners Association. The By -Laws or Articles of Incorporation will provide for the joining of the Association by lot owners, election of a board of directors, and appointment of officers. The DFPOA shall be responsible for the care and maintenance of the common properties. Common properties as used herein shall include all designated common area and roads within the Dale Field subdivision. Each member's use of the common properties will be governed by such rules and regulations as adopted by DFPOA. The Board of Directors of the DFPOA may impose regulations and make reasonable annual assessments to the lot owners of DFPOA for the cost of operating and maintaining the common properties. If an assessment remains unpaid, the Board of Directors may file a lien which shall describe the lot state the amount of the assessment that has not been paid, and when it was assessed. Before the lien shall be released, the assessment, costs for preparation of the lien and the lien release and all recording costs must be paid. This lien may also be foreclosed in the manner of foreclosure for mortgages with the prevailing party entitled to attorney fees. (b) Design Review Board. The Design Review Board (DRB) for The Daley Field shall consist initially of the Declarant, a technical representative, and a president. The Declarant shall serve as president or may appoint a president. The technical advisor shall only be consulted when requested by the president. The Declarant may serve as member of the DRB until such time as Ninety percent (90%) of the lots have occupied structures. At any time prior, the Declarant may withdraw from the DRB by written request to the DFPOA. If this occurs, or after Ninety percent (90%) of the lots have occupied structures, the president of the DFPOA shall appoint a lot owner within Daley Field to serve as the president of the DRB and a second Final version - 7/13/2005 9:17 AM 3 lot owner within Daley Field to serve as vice-president of the DRB. The technical advisor will continue to be consulted when requested by the president of the DRB or in the event that an unresolved difference between the president and the vice-president of the DRB exists during a design review, the technical advisor will be consulted and may cast a deciding vote. Successors to the DRB shall serve 2-year terms and shall be replaced by appointment by the president of the DFPOA. The technical representative shall be designated by the Declarant until Eighty percent (90%) of the lots have occupied structures. At such time as the Declarant is no longer a member of the DRB, the technical representative may withdraw at any time from membership by written request to the president of the DRB. If the technical representative withdraws from the DRB, or the president of the DRB chooses to replace the technical representative, the president and vice-president of the DRB shall appoint a technical representative. The technical representative shall be an engineer or architect licensed to practice in the state of Montana. The technical representative is not required to own property in Daley Field. The technical representative shall be compensated at normal billing rates for all activities performed while serving as a member of the DRB. The lot owners, DFPOA, and DRB shall defend, indemnify and hold the members of the DRB, their employees, and agents harmless from and against any and all claims, demands, causes of action, losses, damages, and settlements, which maybe asserted against the members of the DRB arising from or attributable to or caused directly or indirectly by the lot owners, DFPOA, and DRB members, DFPOA, and DRB officials, employees or agents; or any negligent or intentional act, omission or misrepresentation by the lot owners, DFPOA, and DRB members, lot owners, DFPOA, and DRB officials, employees or agents. If it is necessary for purposes of resisting, adjusting, compromising, settling, or defending any claim, demand, cause of action, loss damage, or liability, or of enforcing this provision, for members of the DRB to incur or to pay any expense or cost, including attorney fees or court costs, the lot owners, DFPOA, and DRB agrees to and shall reimburse members of the DRB within a reasonable time. Lot owners, DFPOA, and DRB agrees to and shall give members of the DRB notice of any claim, demand, cause of action, loss damage or liability within ten (10) calendar days. The Design Review Board ensures that development in Daley Field conforms to the Design Guidelines. The DRB aims to promote good stewardship of the land and a Montana theme architectural expression that reflects high quality and attention to detail. The DRB is responsible for reviewing and approving all development within Daley Field, from concept to completion. This includes, but is not limited to: • All new building & site development. • Any proposed revisions to previously approved plans, prior to or during construction. Final version - 7/13/2005 9:17 AM 4 • Any renovation, expansion or refinishing of the exterior of a new structure. • Any proposed revisions to Building Envelopes. • Building, site grading, fence, wall, sign, advertisement, road, parking area, loading facility, storage facility, disposal facility, and landscaping or any other improvement. ® Any future subdivision of lots in Daley Field. • Changes made inside a building are not subject to the DRB review process. The DRB process has been designed to encourage dialogue with owners and their design team early in the evolution of plans. The process is intended to be constructive, not adversarial or unnecessarily restrictive. The owner shall ensure that the development team complies with the general requirements and Design Review Process and shows commitment to respecting the community. • Requires plan design by a qualified architect or residential designer, with engineering input (geo-technical, structural, mechanical, civil...) and landscape architecture as required. Use of residential designer shall be subject to approval by the DRB. • The DRB reserves the right to refuse approval of any plans, specifications, or proposed land uses only if such improvements are found to be contrary to the best uses of the development. If approval is granted, a copy of the plans and specifications shall be retained on file by the DRB. Approval shall not be unreasonably withheld. (c) General Guidelines (1) Parking Areas: Each Owner of a Lot shall, at its expense, cause to be constructed in the Parking and Access areas located upon such Owner's Lot all improvements contemplated in the Site Plan in accordance with plans, drawings, and specifications approved by the Design Review Board and the City of Kalispell. Such improvements shall include, without limitation, asphalt surfacing for all parking areas and drives, together with necessary striping, landscaping and irrigation improvements, and lights and light standards and such signage and other improvements as may be contemplated in the Site Plan or otherwise required by the City of Kalispell. Each Owner of a Lot shall, at its expense, cause to be repaired and maintained in good condition all improvements within the Parking and Access areas Final version - 7/13/2005 9:17 AM 5 located upon such Owner's Lot. Such obligations shall include, without limitation, repairs, replacements, and maintenance, resurfacing and re -striping of the Parking and Access Areas, maintenance of all landscaping and payment for all electricity and water in connection therewith, repairs, replacements, and maintenance of all lights and light standards and payment of electricity in connection with the operation thereof, removal of snow, ice, trash, rubbish, garbage, and other refuse from the Parking and Access areas, and performance of all other functions necessary for the proper maintenance., upkeep, and. operation of the Parking and Access areas and improvements located thereon. Each Owner shall maintain the improvements within the Parking and Access areas located upon such Owner's Lot in a manner comparable to that found in well -run, first-class retail centers, and further shall keep the sidewalks free of ice and snow. Notwithstanding anything to the contrary contained in this paragraph, no Owner shall be obligated to construct I any p im rovements within the Parking and Access areas located upon such Owner's Lot prior to the time such improvements are required by the City in connection with the issuance of permits and certificates of occupancy. On -street parking is prohibited. All parking must be contained in parking areas specifically designed and maintained for that purpose. Parking area shall be setback a minimum distance of five (5) feet from front and corner side lot lines. Setback areas around parking shall be landscaped with trees, ground cover, and shrubbery with due consideration being given to providing adequate sight clearance at intersections and access points. I(2) Prohibited uses: No portion of the Property shall be used for (i) the warehousing, dumping, or disposing of garbage or refuse; (ii) the sale of indecent or pornographic literature, adult entertainment, or any other form of sexually oriented business; (iii) the operation of gasoline refining and/or 24-hour manufacturing operations; (iv) the operation of a grocery store; (v) the operation of a pharmacy, or (vi) any uses which violate applicable governmental regulations, codes, or ordinances. In addition,, the property shall not be used for the following purposes: Automobile parking, commercial or public Automobile service station Bus passenger terminal building, transit terminals Final version - 7/13/2005 9:17 AM 6 Car wash, automobile detailing shop Church/worship/parish/Sunday school buildings Day Care Centers Dwelling, Duplex Dwelling, Multi -family Dwelling, Single Family Dwelling, townhouse Lube stations Massage parlors Nursery, landscape materials Parks � Pawn shops Radiator repair Recreational area Safe houses and domestic violence shelters Second hand stores � Shoe repair 1 Truck rentals Upholstery shop Veterinary clinic (3) Water, Sewer & Utilities. As part of the original development, the Declarant has provided City Water, Sewer and Utilities to the boundary of each original lot within Daley Field. Each lot owner is responsible to run water, sewer and utilities underground within their lot, and all installations and use shall comply with State and County health regulations, requirements and standards. (4) Outdoor Li Qhting. Standards for outdoor lighting are intended to control artificial light from non -vehicular sources that produce glare light trespass, nuisance light and/or degrade the night sky. All Outdoor Lighting shall comply with the requirements and specifications established by the City of Kalispell regulations. It is a further requirement that each lot owner provide for illumination of the interior roads that border each lot owner's lot within Daley Field in conjunction with their parking lot lighting design. (5) Landscaping. The front, rear and side yard setback area of each site shall be landscaped with trees, lawn, ground covers, and shrubbery in such a manner as to enhance the site and building appearance. Parking areas shall be landscaped to improve the view from streets and neighboring properties. Landscaping shall be Final version - 7/1.3/2005 9:17 AM 7 designed and maintained in a manner that allows free circulation of pedestrian traffic between lots within Daley Field. Sidewalks may be required to be constructed to facilitate pedestrian traffic within landscaping allowances. Mass plantings of trees and shrubs shall be weed free. Property owners shall each maintain their grounds in a neat and trim appearance. During construction it shall be the responsibility of each lot owner to insure that construction sites are kept free of unsightly accumulations of rubbish and scrap materials, and that construction materials, trailers, shacks and the like are kept in a neat and orderly manner. (6) Nuisance. No portion of the Property shall be used in such a manner as to create a nuisance to nearby lots or sites. Nuisances shall include, but not be limited to, electro-magnetic disturbances; radiation; air, water, or light pollution; and emissions of toxic, noxious, or odorous matter. (7) Future Subdivision. Future subdivision of lots located within Daley Field is subject to review and approval by the City of Kalispell applicable departments. At such time as a further subdivision of lots is approved, all new lots will be subject to these Design Guidelines and the approvals of the DRB. (8) Restrictive Covenants. Each Lot is subject to the terms and conditions of those Restrictive Covenants established by an Agreement dated December 24, 1997 entered into between the City of Kalispell as Covenantor and RSI, LLC, as Covenantee, and recorded as document number 199736015130 by the Clerk and Recorder of Flathead County, Montana on December 26, 1997. (9) Refuse Collection Areas. All outdoor refuse collection areas shall be visually screened from streets and adjacent property by an opaque screen. The screen shall extend two (2) feet above the highest point of refuse. Refuse collection areas shall not be permitted on a side of a site having street frontage. (10) Lot Setbacks. All construction shall comply with City of Kalispell B-2 zone setback requirements, or at a minimum, twenty (20) feet in front, five (5) feet on each side, ten (10) feet in rear, and fifteen (15) feet on each side corner. The front yard shall face the north - south frontage road through the subdivision. Final version - 7/13/2005 9:17 AM 8 (11) Sims. All signs shall conform to City of Kalispell Signage Requirements. (12) Outdoor Storage. Outdoor storage areas shall not be permitted on a side of a site having street frontage or on the back of those lots facing Highway #93. Outdoor storage of materials shall be kept in a tidy, sightly manner with care given to prevent potential fire hazard. Where materials are deemed to be unsightly in nature, the Board may require these unsightly materials to be visually screened from streets and adjacent properties. The screen shall be opaque and shall extend a minimum of two (2) feet above the highest point of material stored. Such screen shall have a minimum height of six (6) feet and a maximum height of eighteen (18) feet. (13) Outdoor Display -Areas. Outdoor display of new or used equipment or products will not be permitted. � (14) Sewage and Storm Drainage. All sewage disposal installations. shall comply with State and County health regulations, requirements and standards. Any installation which results in noxious odors, surface waters, or any other unsightly or unsanitary conditions shall be subject to abatement by injunction or other appropriate remedy. All lots shall be constructed so as to drain storm water into the City storm drainage system. Lots fronting on Highway 93 shall have the option to tie in at either the front or back of the lot. Other lots can dispose of storm water one-half (1/2) to the front and one-half (1/2) to the rear of such lots. On -site catch basins are permissible provided they are connected to the City storm drainage system. All storm drainage construction shall conform to City of Kalispell requirements. (15) Waste Material Control and Removal. The owner and the possessor of each lot shall be responsible to make reasonable arrangements and provide reasonable facilities to control waste material in order that said material be confined to the lot upon which it originates and shall further be responsible to transport such material and all solid waste to a proper disposal site at reasonable intervals. Waste materials, weeds and grasses shall not be permitted to stand or accumulate to the extent of creating an unreasonable fire hazard to adjoining premises. Final version - 7/13/2005 9:17 AM 9 (2) Building Footprint. Buildings located on the tracts directly adjoining U.S. Highway 93 shall be located in a manner that allows sight lines that create visibility for the tracts which are located west of the north -south frontage road. Buildings located on Lots "B" and "G" (north and south of Kelly Court) shall be designed and located in such manner as to give a sense of "entrance" to Daley Field. (2) Exterior Design. Buildings shall be designed and constructed in a manner that blends with surrounding buildings. They shall not give the appearance of "boxlike" structures, but shall have proper massing, as well as design features that provide interest and relief in their detailing. Dormers may be used if appropriate. Small balconies may also be incorporated in designs of two stories or more. Use of window "transoms" and window "panes" is required, along with metal or wood accents. Decorative fences are allowed as a design accent. Accent structures are permitted if they are, in the DRB's judgment, in good taste and consistent with other requirements of these Covenants. (3) Colors. Building colors will be left to the discretion of the lot owner and subject to review of the DRB. Colors should be selected in good taste and not be overly "loud" or offensive. (4) Materials - Exterior Surfaces. In order to impart a sense of solid, substantial construction and to avoid a tacked -on, thin veneer look, material changes should terminate at a logical inside corner, shape change, or at a major wall opening. Changes at outside corners should be avoided. Exterior stone or brick material should be continued down to the finish grade, thereby eliminating unfinished foundation walls. Final version - 7/13/2005 9:17 AM Exterior materials shall be balanced among permissible types of materials. A combination of wood, stone, brick, cultured stone, stucco and/or wood siding is permissible. Metal siding may be allowed on the sides and back of the structure and possibly to a II limited degree on the front of the building, all at the discretion of the DRB. Roofing should be either Architectural roof shingles or appropriate metal roofing. Particular attention should be paid to exterior and roofing color so as to appear tasteful and professional. (5) Building Projections. All projections from a building including, but not limited to, chimney caps, vents, gutters, scuppers, downspouts, utility boxes, and exterior stairways shall match the color of the. surface from which they project or be an appropriate accent color, unless otherwise approved by the DRB. All building projections ections must be contained within the Building Envelope. (6) Antennae/Satellite Dishes. Antennae &Satellite dishes maybe used if discretely located on the building or property and a maximum 24" diameter. Large ground mounted satellite dishes are prohibited. 11 (7) Accessory Buildings. No accessory buildings will be permitted: (g) Review and Approval Process. (1) Design Review Process. Submit the Conceptual Development Plan to initiate the design review process. This preliminary plan shall include the following: a. A cover sheet with all contact and pertinent information complete; b. A survey at no less than 1 "=20' showing lot boundaries and dimensions, easements, setbacks, utility tap locations and elevations at all property corners; C. A site plan at same scale as the survey showing the building envelope, the proposed building, driveways, parking areas, fences, site grading with new and existing elevations and all other proposed site improvements; d. Roof and floor plans at no less than 1/8" scale; e. Exterior elevations at no less than 1 /8" scale of all elevations; and f. A non-refundable Design Review Fee of $300.00 per submittal. A submittal is defined as an application for a new building, revision to a previously approved plan, or a renovation or expansion of an existing structure. Make check payable to the Daley Field Property Owners Association technical representative. Final version - 7/13/2005 9:17 AM 12 (2) Conceptual Development Review. A Conceptual Development Plan Review is required to confirm the design incorporates all site requirements relative to the lot location/building envelope plan. It will assist to clarify the intent and application of the Design Guidelines, review/approval process, development procedures and schedules. The Design Review Board will provide a letter of endorsement to proceed including comments from the conceptual meeting for the designers use in preparing the final submittal within fourteen (14) days of submittal. (3) Final Design. Submit three (3) sets of Construction Drawings and support documentation, including but not limited to: • Plot Plan (Survey) (1 "= 201011); • Site Plan (1/8" = 11011); • Roof Plan and Floor Plans (no less than 1/8" = 1'0"); • Exterior Elevations 4 Min. (no less than 1/8" = 1'0"); • Sections (no less than 1/8" = 1'0") through site and building from side PL to side PL and from rear PL to front road CL (2 Min.); • Landscape Plan (no less than 1/8" = 1'0") including site grading/contours, retaining wall location(s) and material(s); • Drainage/Storm water Management Plan (may be illustrated on the Landscape Plan); • Construction Limits Plan defining a temporary construction fence location with consideration for construction access, stockpile areas, portable toilet and garbage bin; • Exterior Lighting includes fixture schedule with catalogue clips for site and building exterior lighting fixtures and street identification; • Color board (8.5" x 11 ") proposed exterior colors as applied to proposed materials for all exterior finishes; and • Construction Schedule. (4) Design Approval. Design review will be provided in writing within twenty-one (21) days of submittal. Incomplete submittals will be returned and this review period will begin again. (5) Completion. Completion in these guidelines means the completion of interior as acceptable for occupancy and the complete exterior of the development including all hard and soft landscaped areas. Final version - 7/13/2005 9:17 AM 13 There will be a final inspection held at the request of the builder with the Design Review Board after acceptance by the City of Kalispell. 4. Condemnation. In the event of condemnation by any duly constituted authority for public or quasi -public use .of all or any part of the Property, that portion of the award attributable to the value of any land and improvements within the part of the Property so taken shall be payable only to the Owner thereof, and no claim thereto shall be made by other Owners of the remaining part of the Property not condemned; provided, however, all other Owners of the remaining part of the Property not condemned may file collateral claims with the condemning authority over and above the value of the land and improvements within the part of the Property so taken to the extent of any damage suffered to their respective Lots and improvements resulting from the severance of any appurtenant Parking and Access Area in connection with such condemnation. The Owner of any portion of the Parking and Access Area so condemned, to the extent that the proceeds of such award are sufficient to pay the costs of restoration and repair, shall promptly repair and restore the remaining portion of the Parking and Access Area owned by such Owner as near as practicable to the condition of the same immediately prior to such condemnation, without contribution from any other Owners of other portions of the Property. 5. Remedies. In the event of a breach or attempted or threatened breach by any Owner in any of the covenants, restrictions, easements, and other terms contained in this Declaration, any one or all of the other Owners of the Property or the Property Owners Association shall be entitled to full and adequate relief by injunction and/or any other remedy available, legal or equitable, from consequences of such breach. In the event that an Owner ("Defaulting Owner") is in default in the performance of an obligation under this Declaration, then any other Owner or the Property Owners Association ("Curing Owner") may, after giving lvin thirty (30) days' prior notice to the Defaulting "Owner, perform the Defaulting Owner's obligation and cure the default. Upon such cure the Defaulting Owner shall be o�blig ated to reimburse the Curing Owner for all its reasonable costs incurred in connection with such cure, together with interest thereon from the date incurred at a rate equal to "Prime" plus five percent (5%). The term "Prime" shall mean the rate announced from time to time by New York banks as published in the latest edition of the Wall Street Journal prior .to the date such costs are incurred. In the event that any litigation is commenced to enforce the ri 0is and obligations of the Owners hereunder, the prevailing party in any such litigation shall be entitled to recover, in addition to any damages or other relief awarded by the court, its reasonable attorneys' fees incurred in connection with such litigation. 6. Severability. It any term or provision of this Declaration or application thereof to any person or circumstance shall, to any extent, be found by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Declaration, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or Final version - 7/13/2005 9:17 AM 14 4 unenforceable, shall not be affected thereby and each other term or provision of this Declaration shall be valid and be enforced to the fullest extent permitted by law. 7. Benefits and Burdens. The easements hereby granted and established, the restrictions hereby imposed, and the covenants herein contained, shall be easements, restrictions and covenants running with the land and shall inure to the benefit of and be binding upon on Declarant and all future Owners of all or any portion of the Property, their respective heirs, successors, and assigns, and all persons claiming under them. However, notwithstanding any other provision contained in this Declaration to the contrary, from and after the date an Owner of a Lot executes and delivers a deed conveying such Lot and gives y the other Lot Owners notice of such conveyance and the address and information required by Paragraph h 8 as to the purchaser and Lot sold, then such Owner shall have no further rights or �' liabilities under this Declaration by reason of having previously owned such Lot, and all such rights and liabilities shall become the rights and liabilities of the purchaser of such Lot; provided, that recourse may be had against a former Owner for any liability accruing hereunder prior to the date of such conveyance of the Lot. 8. Notices. All notices, requests, consents, approvals, and other communications under this Declaration shall be' in writing, shall be deemed received with three (3) days after mailing when mailed by certified mail, return receipt requested, postage prepaid, or within one (1) day after depositing in overnight courier when sent by reliable overnight courier (such as Federal Express or the U.S. Postal Service overnight mail) to the address as follows: Murcon Development, Inc. 2510, 530 - 81h Avenue S.W. Calgary, Alberta T2P 3 S 8 Upon any conveyance of a fee interest in a Lot, the Owner conveying such interest shall provide notice to the other Lot Owners in accordance with this paragraph of the promptly , legal description of the Lot being conveyed and the purchasers name and address, and g thereupon the purchaser's name and address shall be substituted for the seller's name and address with respect to such Lot for purposes of notices under this paragraph. Any address fixed pursuant to this paragraph may be changed by the address by notice given pursuant to this paragraph. 9. Amendment. This Declaration may only be amended or terminated by an instrument in writing executed by the record Owners of sixty-five percent (65%) of the Lots located on the Property. Final version - 7/13/2005 9:17 AM 15 EXECUTED as of the date first above written. STATE OF MONTANA : ss. County of Flathead MURCON DEVELOPMENT, INC. By Murph N. Hannon, President On thisRA&---)day of 2005 before me notary public for the State off 1 Montana, personally appeared Murph . Hannon, known to me to be the President of Murcon Development, Inc., subscribed to the within instrument, and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year first above written. CtA- Printed Name: ' � � • �.1�`j �. �.� Notary Publi for the State of Montana Residing a \` Montana � `AL *- My Commission expires: M_U L �t -4F Final version - 6/30/2005 4:45 PM 16 MEMORANDUM OF UNDERSTANDING TERMINATION AND GRANT OF EASEMENTS AND ROAD MAINTENANCE AGREEMENT Section 1.0 Purpose -- The purpose of this document is to set forth the intended property line adjustments, easement creation and elimination and construction of a new frontage road. For good and valuable consideration received, the undersigned agree to the conditions set forth in this Memorandum. Section 2:0 Subject Parcels and Easements — This Memorandum of Understanding (MOU) shall reference the following parcels of real property located south of Kalispell, Montana in Section 20, Township 28, Range 21, as reflected on attached Attachment "A" to this Memorandum. The Easements, subject to elimination as hereafter provided, are reflected and labeled on Attachment A to this Memorandum: Parcel #1 Lot 3 of the Daley Field Subdivision Murcon Development, Inc. 2940 Petro -Canada Tower 150-6th Avenue SW Calgary, Alberta T2P 3Y7 Parcel #2 Tract 2AD of Section 20, Township 28, Range 21 Marty Kolonel Koloha Investments, LLC P.O. Box 882026 Steamboat Springs, CO 80488 Parcel #3 Tracts 2ACA of Section 20, Township 28, Range 21 Marty Kolonel Koloha Investments, LLC P.O. Box 882026 Steamboat Springs, CO 80488 Parcel # 4 Tract 2AC of Section 20, Township 28, Range 21 Penco Motor Sports 2480 Highway 93 South Kalispell, MT 59901 Parcel #5 Lot 1 of Oretana Subdivision Penco Motor Sports 2480 Highway 93 South Kalispell, MT 59901 Parcel #6 Lot 2 of Oretana Subdivision John Murdoch Murdoch Family Limited Partnership 2275 North 7th Avenue Bozeman, MT 59715 Memorandum of Understanding 611012003 Page I of 6 3.1 The portion of the existing 60-foot private road and utility easement, designated on Attachment "A" with crosshatching and titled Easement A, located along the west boundary of Parcels 4, 5, and 6 as it appears on Attachment "A" shall be abandoned. 3.2 The portion of the existing 60-foot private road and utility easement, designated on Attachment "A" with circles and titled as Easement B, located along the south boundary of Parcel 6, excluding the easterly 60' thereof, as it appears on Attachment "A" shall be abandoned. 3.3 The existing 30-foot private road and utility easement located in that area designated as 30'Road, Easement C, on Attachment "A" which is more particularly located on the North end of Parcels 3 and 4 as it appears on Attachment "A" shall be abandoned. 4.1 Parcel 1 and 2 hereby grant a new 40-foot private road easement, running along the north property boundary of Parcel 2 and through the center of Parcel 1 "as generally shown as the road location on Attachment B. The easement shall extend to the Montana Department of Transportation (MDT) right-of-way limits and shall include provisions for the new approach to be located across from the existing Kelly Road approach. The easements are granted to all parcel owners for public use. 4.2 The existing road and utility easements on the east boundaries of Parcels 3, 4, and 5 as depicted on Attachment A shall remain. Section 5.0 Road Construction — A new frontage road shall be constructed in the existing and newly created road easement as shown on Attachment "B". The road shall be constructed providing a minimum pavement width of 24-feet with the alignment as detailed in the plans including parking improvements, curb and barrier for Parcel 3 as shown of Attachment "B", which by reference are fully and completely incorporated herein. No sidewalks, landscaping, boulevards, or other similar improvements will be required for the frontage road. The frontage road design shall be coordinated and integrated with the proposed MDT US 93 improvements to ensure full compatibility of alignment and grade. Section 6.0 Road Construction Funding — Owners of each parcel shall bear the costs of road construction (including design and construction engineering) based upon a pro-rata share derived from the total cost of the project according to the following percentages: Parcel 1 — 26%, Parcel 2 — 22%9 Parcel 4 — 27%, and Parcel 6 — 25P/o. The owner of Parcel 1 shall provide a cost estimate for completing the road and initiate construction on or before December 31, 2004. Prior to construction, each parcel ownershall hall pay the owner of Parcel 1 in trust the pro-rata share of project construction. In the event legal action is required to collect on "reimbursement payments" as required, by this paragraph, the prevailing party shall be entitled to all costs and attorney fees. Any reimbursement payment not paid when due shall become a charge and lien against the parcel for which reimbursement was due and not paid. I Section 7.0 Survey and Administration Funding —Owners of each parcel shall bear the costs of survey and administration based upon a pro -rats share as outlined in percentages in Section 6. Survey and administration shall include all surveying, legal, and engineering services required to complete the items designated in this Memorandum including engineering and legal fees already spent in development of the document and discussions with the Montana Department of Transportation. The survey and administration (other than administration of construction) is to be completed on or before December 31, 611012003 Memorandum of Understanding Page 2 of 6 2004. The owner of Parcel 1 shall provide a cost estimate for completing the survey and administration costs on or before December 31, 2004. All parcel owners shall reimburse the owner of parcel 1 costs incurred for reasonable survey and administration based on a pro-rata share as outlined in section 6 above. The costs shall not include interest fees, management fees, or other indirect costs. Reimbursement payment shall be made by each parcel owner on or before the date set for completion of survey and administration. In the event legal action is required to collect on "reimbursement payments" as required by this paragraph, the prevailing party shall be entitled to all costs and attorney fees. In the event legal action is required to collect on screimbursement payments" as required by this paragraph, the prevailing party shall be entitled to all costs and attorney fees. Any reimbursement payment not paid id when due shall become a charge and lien against the parcel for which reimbursement was due and not paid. Section 8.0 Road Maintenance — It shall be the responsibility of each parcel owner to contribute to road maintenance costs according to the cost percentages outlined in section 6.0. The parties of this Memorandum shall secure the services of a contractor to complete the road maintenance tasks. Any reimbursement payments not made for road maintenance shall be a claim against the defaulting party. In any action to recover costs of maintenance improperly not paid, the prevailing party shall be entitled,to reasonable costs and attorney fees. Section 9.0 Binding Effect — This Memorandum and the easements granted herein and this road maintenance agreement shall be recorded with the Clerk and Recorder of Flathead County, Montana, and shall be appurtenant to the real property described herein, and shall be binding upon the owners, their heirs, devisees, and assigns and shall run with and bind the land in perpetuity. The terms and conditions contained and set forth herein shall inure to the benefit of and be enforceable by the parties hereto, their heirs and successors, assigns and personal representatives and in the event of a dispute concerning the terms and conditions herein, the same shall be resolved in District Court for the Eleventh Judicial District in the State of Montana, applying the laws of the State of Montana with the prevailing party entitled to attorneys' fees and costs. Further the undersigned each represent that they have the authority to enter into and execute this memorandum and that * no other consent, signature, authorization or resolution is required to bind any entity which is a party of this Agreement. This Memorandum of Understanding and the termination and grant of easements and road maintenance agreement herein shall be contingent upon the Montana Department of Transportation construction of a light at Kelly Road during the US Highway 93 Road improvements project. If said light is not installed, this Memorandum of Understanding shall become null and void. If said light is installed within five years of the date of this agreement, this document shall become the abandonment of said easements in section 3 and creation of easements in section 4. Section 10.0 Attachments —The following attachments shall be included in and become part of this memorandum: Attachment A — Vicinity Plan Attachment B — Road Improvements Plan 611012003 Memorandum of Understanding Page 3 of 6 Section 11.0 Authorizations — reel Murph Hann Murcon Development, Inc. f my of This instrument was acknowledged before me on the day of J_L:� 20jc� by Amu:;,4 &,�wi/I as I - of/for Murcon Development, Inc. _ - a4 VIII� (Name of person) (Type of authority, e.g., Officer, Trustee, President) • (Signature of notarial office ANMNY S. MSOUUS (Title and rank) (Seal) Residing at e.'I cs A_!;z� Student -at -Law My commission expires 1A /01 Parcel 2 -"Marty Kolonel Koloha Investments, LLC StateeHof County of 6, 44A_ 3 This instrument was acknowledged before me on they day of 20 0�, 1 4- q R la -0 W-1 as M" 0_q -e-40-- of/for Koloha Investments, LLC. (Name of person) (Type of authority, e.g., Officer, Trustee, President) (Signature of notarial officer) (Title and rank) 11 -11-) 1 4 CAM ,'PA /J0 (Seal) Residing at If My commission expires 611012003 Memorandum of Understanding Page 4 of 6 Parcel 3 z:�U[arty Kolonel' Koloha Investments, LLC State of cc i4p r CL. County of - (0- "- 44A This instrument was acknowledged before me on the -3t day of 20 by Py elo li n e as 0 a of/for Kohola Investments, LLC. (Name of person) (Type of authority, e.g., Officer, Trustee, President) r (Seal) Sectl Parcel 4 Peno'pdwer Sports State of /1%G�J �'�✓%� County of (Seal) (Signature of notarial officer) (Title and rank) fi ,7 0, j -A i 5 i-v e U'o Residing at I My commission expires This instrument was acknowledged before me on the day of tlw -9 20 by J-ee-' of/for Pen2c59 er Sp?,Frls. as 191r-5� — --p (Name of person) (wgnarure OT norarrai umuwf) (17die and rank) Residing at =4� My commission expires loe 611012003 Memorandum of Understanding Page 5 of 6 Penco FVw'erSports State of County of I This instrument was acknowled ed before me on the day of 20® by e7l as of/for Pen9 p�wer �orts. A-11 Af . (Name of person) (Type of author* e.g., Officer, Thuistee, Pr den (Signature of notarial officer) L Ale> 45o r-ze re-4., "/ (w --e-- o �-oYe A nce 01 (Tale and rank) (Seal) Residing at (.0ane— ff My commission expires Z/// Pardell hn Murdoch urdoch Family Limited Partnership State of 4%1 County of - - Pp� Yk This instrument was acknowledge q before me on the atO day of , 20 by rv) of/for Murdoch Family Limited I JU Lt) as (Name of person) (Type of Aruttfority, e.g., Officer, Trustee, President) Partnership. Z. (P E �OF M 9m '111�10 �I L.A. I h V. 0j (Signature of notarial office - hin4ti V( I c'. r I ( ride and rank) i Residing at My commission expires G� (� 611012003 Page 6 of 6 Memoran4ddm of ndTta J �UVr�. DALEY FIELD COMMERCIAL CENTER DESIGN GUIDELINES CONDITIONS, COVENANTS & RESTRICTIONS Daley Field Design Guidelines, Covenants & Conditions Version 5 Page I of 15 INTRODUCTION,.....-..,..'..'-'''^'-^-`^..~-~^~^^-'~..^ 3 Purpose &\/ision of Daley Field ........................................... 3 Objective ofDesign Guidelines ............................................. 3 []B/eV Field Property Owners 3 Design Review BO8rd.~~~^~.~~..~~~,^,~~,_~~_~,.~^,~,,,,,,,~.,..~. 4 W\afer& Sewer ................................................... 6 Purpose, Use a8dActk/it/es-...'...^'.'^.''...-'...~...^'- 7 Modifications .......................................................... 8 SITE DEVELOPMENT GUIDELINES .................................. 8 The Building Envelope ......................................................... 8 Grading and SitiDg..~-~-^'~~~..~~_,,.~_^^~_____^___,,.,~_,,,,~,~,^ 9 Drainage.'..'.....,....-.........'..-^~^^-'~`~`~^'-~~^-'^'-^-~'~-^~'^~ 9' P2��ng.''.,.'.....,...._~.-''..~'.~-^'^'^~~~^-~-~-'^-'-^^`^'^~~'^^'^ 10 Landscape and Irrigation ''',..-..~~.---'__.~.'.-.'_.-~'.^~~'..~^^ 10 Fencing ~.'.~'.....~-.,._.--....'...^^.~~.~-~--_-'.'.-.-....-....--. 1 2 Telephone & Electrical Services .............................................. 1 Trash Cont@|ner8'.'..,-......---`-~-'^~^~'-'--~-^''^^^~-'~^' 13 Outdoor Storage ................................................................... 13 Outdoor Display Areas .......................................................... 13 Exterior Lighting ........................................................... 13 Signin ........... ................. .......-'..'...... 14 Entrance Driveways & Paving ....................................... 16 Address Identificatk]D'.'.-..,.''.-''.''.''-'''-'.....'.-'.-'... 16 BUILDING DESIGN GUIDELINES ....................................... 16 Design Ch8r8cteC..-----...^.~.'.-...~-'.'~.-.~-._-.-.'.,'...- 17 Building Siz]es~^..'...~-..-.~-.-.--.~-.'..'..,.-'~..-.-.~'.....'.- 17 Building Heights ..................................................................... 17 Exterior Design ....................................................................... 17 Colors.............................. ...................... -.............................. 17 Materials ' Exterior Surfaces .................................................. 17 Building Projections ............................................................. 18 Antennae/Satellite Dishes-..........-'..-'-'.----....-.'...-... 18 Accessory Buildings ..................... ---~^'^----`^^'--^^'^-~'~~^^ 18 REVIEW AND APPROVAL PROCESS ..... ^.......................... 18 Design Review P[OcBss.,-~'.....'^^~^~~~-^-^'^-^^~-^^-^~~^-`~-^' 18 ConceOtU l Development Plan Review ................................ 19 FinalDe8/gn.........,...........,~.. ..~~..-.~........-~...-.................' 19 Design Approval .............. ~.-`.^^'^^~~^-^^-^-^^^^^^^~^-^`^^''^-^^^^'^ 20 Completion...... ...'..-..'^_._^..'^^^~^~^^-~^^'^^^~^^~--^^^~^~^~~^'^^^~-^' 20 GENERAL & FUTURE PROVISIONS.'.^...'~^,.'.~,.-.~^...~ 20 Maintenance ........... ...~'_'-...-'''^'^'^^'^'-'-~~--^^^~^^'^^-~~~^' 20 Nuisances ..................... -..,.............. -'-'^-`^`^''^'~'-''~-' 20 Further SUbdkiBioD.~-.... ~....^-''^.~'^''~'-''^-'~~^ 20 Vb=i on A.1 PURPOSE & VISION OF DALEY FIELD Framed by the spectacular mountains of the Flathead Valley, Daley Field is located at Highway 93 and Kelly Road on the south side of Kalispell, Montana. The development consists of a commercial business park fronted by Highway 93 rQ71T The Design Guidelines will serve to enhance the environment of Daley Field. Appropriate design can create a commercial & light industrial development compatible with its neighbors while providing the owner with a professional development conducive to the conduct of business. These guidelines are not intended to create unreasonable controls nor dictate a specific design solution. The Design Review Board will consider any worthy variance from the literal translation of the guidelines but will maintain an equitable and consistent application of the intent of the guidelines. The acceptability of a design will be measured by its sense of fit within each building site and surrounding community. Buildings are to relate to the land, step with the extf isting grades, and harmonize with the character of the surrounding landscape. The design shall create atmosphere and protect the integrity and value of each investment. Each Owner is responsible for complying with and meeting the spirit and intent of the criteria of the Design Guidelines, Conditions, Covenants, and Restrictions. This includes, in particular, the lot's Building Envelope, the site/building design elements and the construction procedures. A.3 DALEY FIELD PROPERTY OWNERS ASSOCIATIO�, The Declarant shall create a Property Owners Association to be called the Daley Field Property Owners Association ("DFPOA"), comprised of all owners of lots in the Daley Field subdivision. The Daley Field Property Owners' Association shall be formed at a time to be designated by the Declarant, but no later than when SEVENTY-FIVE PERCENT (75%) of the lots have occupied structures. Each lot owner is required to be a member of the DFPOA and each lot owner is a member of the DFPOA by virtue of his acquisition of a lot in Daley Field. The owner or owners of each lot shall be entitled to a single vote per lot in the DFPOA. Lot owners are encouraged to remain active members of the Property Owners Association. The By -Laws or Articles of Incorporation will provide for the joining of the Association by lot owners, election of a board of directors, and appointment of officers. Daley Field Design Guidelines, Covenants & Conditions Version 5 Page 3 of15 The DFPOA shall be responsible for the care and maintenance of the common properties. Common properties as used herein shall include all designated common area and roads within the Daley Field subdivision. Each member's use of the common properties will be governed by such rules and regulations as adopted by DFPOA. The Board of Directors of the DFPOA may impose regulations and make reasonable annual assessments to the lot owners of DFPOA for the cost of operating and maintaining the common properties. Assessments may also be collected for enforcement of covenants, regulations and assessments. If an assessment remains unpaid, the Board of Directors may file a lien which shall describe the lot, state the amount of the assessment that has not been paid, and when it was assessed. Before the lien shall be released, the assessment, costs for preparation of the lien and the lien release, and all recording costs must be paid. This lien may also be foreclosed in the manner of foreclosure for mortgages with the prevailing party entitled to attorney fees. The Design Review Board (DRB) for The Daley Field shall consist initially of the Declarant, a technical representative, and a president. The Declarant shall serve as president or may appoint a president. The technical advisor shall only be consulted when requested by the president. The Declarant may serve as member of the DRB until such time as Eighty (80%) of the lots have occupied structures. At any time prior, the Declarant may withdraw from the DRB by written request to the DFPOA. If this occurs, or after 80% of the lots have occupied structures, the president of the DFPOA shall appoint a lot owner within Daley Field to serve as the president of the DRB and a second lot owner within Daley Field to serve as vice-president of the DRB. The technical advisor will continue to be consulted when requested by the president of the DRB or in the event that an unresolved difference between the president and the vice-president of the DRB exists during a design review, the technical advisor will be consulted and may cast a deciding vote. Successors to the DRB shall serve 2-year terms and shall be replaced by appointment by the president of the DFPOA. The technical representative shall be designated by the Declarant until 80% of the lots have occupied structures. At such time as the Declarant is no longer a member of the DRB, the technical representative may withdraw at any time from membership by written request to the president of the DRB. If the technical representative withdraws from the DRB, or the president of the DRB chooses ses to replace the technical representative, the president and vice-president of the DRB shall appoint a technical representative. The technical representative shall be an engineer or architect licensed to practice in the state of Montana. The technical representative is not required to own property in Daley Field. The technical representative shall be compensated at normal billing rates for all activities performed while serving as a member of the DRB. The lot owners, DFPOA, and DRB shall defend, indemnify and hold the members of the DRB, their employees, and agents harmless from and against any and all claims, demands, causes of action, losses, damages, and settlements, which may be asserted against the members of the DRB arising from or attributable to or caused directly or indirectly by the lot owners, DFPOA, and DRB members, DFPOA, and DRB officials, employees or agents; or any negligent or intentional act, omission or misrepresentation Daley Field Design Guidelines, Covenants & Conditions Version 5 Page 4 of 15 by the lot owners, DFPOA, and DRB members, lot owners, DFPOA, and DRB officials, employees or agents. If it is necessary for purposes of resisting, adjusting, compromising, settling, or defending any claim, demand, cause of action, loss damage, or liability, or of enforcing this provision, for members of the DRB to incur or to pay any expense or cost, including attorney fees or court costs, the lot owners, DFPOA, and DRB agrees to and shall reimburse members of the DRB within a reasonable time. Lot owners, DFPOA, and DRB agrees to and shall give members of the DRB notice of any claim, demand, cause of action, loss damage or liability within ten (10) calendar days. The Design Review Board ensures that development in Daley Field conforms to the Design Guidelines. The DRB aims to promote good stewardship of the land and sensitive architectural expression that reflects high quality andattention to detail. The DRB is responsible for reviewing and approving all development within Daley Field, from concept to completion. This includes, but is not limited to: • All new building & site development. • Any proposed revisions to previously approved.. plans, prior to or during construction. • Any renovation, expansion or refinishing of the exterior of anew structure. • Any proposed revisions to Building Envelopes. • Building, site grading, fence, wall, sign, advertisement, road, parking area, loading facility, storage facility, disposal facility, and landscaping or any other improvement. • Any future subdivision of lots in. Daley Field • Changes made inside a building are not subject to the DRB review process. The DRB process has been designed to encourage dialogue with owners and their design team early in the evolution of plans. The process is intended to be constructive, not adversarial or unnecessarily restrictive. The owner shall ensure that the development team complies with the general requirements and Design Review Process and shows commitment to respecting the community. • Requires plan design by a qualified architect or residential designer, with engineering input (geo-technical, structural, mechanical, civil...) and landscape 'architecture as required. Use of residential designer shall be subject to approval by the DRB. • The DRB reserves the right to refuse approval of any plans, specifications, or proposed land uses only if such improvements are found to be contrary to the best uses of the development. If approval is granted, a copy of the plans and specifications shall be retained on file by the DRB. Approval shall not be unreasonably withheld. Daley Field Design Guidelines, Covenants & Conditions Version 5 Page 5 of 15 A I "A �111:4• As part of the original development, the Declarant has provided City Water and Sewer to the boundary of each lot within Daley Field. Each lot owner is responsible to run water and sewer within their lot and all installations and use shall comply with State and County health regulations, requirements and standards. Any installation which is improperly installed or results in noxious odors, surface waters, or any other unsightly or uhsanitary conditions shall be subject to abatement by injunction or other appropriate remedy. A.6 PURPOSE, USE AND ACTIVITIES Daley Field is zoned B2. Permitted Uses shall be consistent with this zoning. These Covenants, Conditions, and Restrictions shall remain in effect in perpetuity a, nd may only be modified by a written petition signed by not less than 65% of the lot owners. Section B SITE DEVELOPMENT GUIDELINES These guidelines reinforce the Zoning Ordinance of the City of Kalispell. Each project must incorporate Kalispell City standards. When there is a conflict between these conditions, covenants, and restrictions and City, State or Federal statute or regulation, the most restrictive regulation will apply. Th&, Building Envelope is the portion of each lot within which all improvements, except fence, driveway, and landscaping must be built and confined therein except for driveway locations approved by the DRB. A Building Envelope has been identified for each lot based on the setbacks as noted on the Building Envelope Plan below: Daley Field Design Guidelines, Covenants & Conditions Version 5 Page 6 of 15 DT OWN LK I U � J f 1 E' 13 NDS + LOT LINE BU ILDING ENVELOPE AREA ALLOWABLE FENCING ENVELOPE 5 ETBAC K5 : FROG NT 2 5' BIDE 1 5' BEAR. 20' 13.2 GRADING AND SITING Buildings should be designed to fit the existing topography of the property without excessive manipulation of the site by cut or fill. Changes in the natural grade by cutting or filling for structures, walks and driveways must be kept to a minimum to preserve the existing landform. General siting and grading principles are as follows: 1. The finish grade around the residence and any site walls should remain as close as possible to the original natural grade. 2. Grading may be done outside the allowable site coverage area for driveway access and site drainage. 3. Screen walls, walls not supporting a building structure or retaining earth, may not exceed four (4) feet in height measured from finish grade along the exterior side of the enclosure, or six (6) feet if contained with the building envelope. 4. During construction, all areas within the lot shall be graded to drain to the street in front of the lot. Where construction and development will obstruct natural drainage patterns, surface run-off should be carefully redirected to street swales. 5. Every care should be taken to ensure minimal erosion takes place during the construction process. 13.3 DRAINAGE completion Upon of construction, all lots shall be graded to drain to the street in front of p each lot. Drainage plans shall be approved by the City of Kalispell. Where development will obstruct natural drainage patterns, surface run-off should be carefully redirected to Daley Field Design Guidelines, Covenants & Conditions Version S Page 7 of 15 street swales. Each lot owner must take special care to ensure the surface runoff fro their lot does not drain to a neighboring parcel. 1 low !1A, 1, On -street parking is prohibited. All parking must comply with City requirements and must be paved, and contained in parking areas specifically designated and maintained for that purpose. Parking area shall be setback a minimum distance of five (5) feet from the side property lines. Set back areas around parking shall be landscaped with trees, ground cover, and shrubbery with due consideration being given to providing adequate sight clearance at intersections and access points. A landscaping plan for each lot shall be submitted to the DRB for approval. Landscaping of the entire lot shall be complete within 365 days of the start of any construction. It is the intent of these guidelines to integrate, compliment and blend in the landscape of each individual building envelope with the landscape of the community. The following building envelope landscape design criteria are provided to enhance the definition of each building site. The primary goal is to protect and maximize individual property values through the implementation of a generous landscape design. These criteria must be followed to successfully receive the approvals required by the DRB. - Drainage of individual properties must work with the existing topography and be directed toward the drainage systems, developed in conjunction with the roadways.. 1. Each lot owner shall receive site layout approval from the City of Kalispell and incorporate any tree planting requirements accordingly. The Streetscape Zone is the area nearest to the frontage road and is normally at the front of the property. On corner lots this zone also extends down the side of the property parallel to the street. I The Side/Rear Yard includes the transitional side yard area and "backyard" area adjacent to another lot or the street. The Side/Rear landscape requirements are flexible as long as the landscape requirements for parking areas are met and the side/rear yards are kept presentable. Areas that feature introduced landscaping such as grass, trees, shrubs and/or ground cover should utilize an irrigation system for watering during dry months. In order to conserve water an irrigation system provides a more efficient use of water than hand sprinklers. Landscape areas that require irrigation should conform to the following: Daley Field Design Guidelines, Covenants & Conditions Version 5 Page 8 of 15 • Buried PVC sprinkler system or the utilization of drip irrigation systems; • Sprinklers and nozzles -selected to provide water to the landscape that are compatible with their respective soils, slopes, exposure, orientation and plant types; • Utilization of an automatic control system; and • No overthrowing of irrigation water onto public roadways, sidewalks, neighboring lots, or trails is permitted. Shall comply with City standards. 13.7 TELEPHONE & ELECTRICAL SERVICES All secondary electrical service lines and telephone lines to buildings shall- be underground. Transformers and switches placed above grade shall be screened from view with landscaping whenever possible. Expenses for underground service and landscaping shall be born by the property owner. The property owner shall obtain� and submit to the DRB as -built plans showing location of underground utilities on his property. All outdoor trash containers must be of approved covered containers, and must be -up. Outdoor trash container areas stored within the building envelope except for pick shall be visually screened from streets and adjacent property by an opaque screen. The screen shall extend two (2) feet above the highest point of refuse. Trash containers shall not be permitted on a side of a site having street frontage. Outdoor storage of materials shall be kept in a tidy, sightly manner with care given to prevent potential fire hazard. At the discretion of the DRB where materials are deemed to be unsightly in nature, the DRB may require these unsightly materials to be visually screened from streets and adjacent properties. Outdoor storage shall not be permitted on a side or front of a site having street frontage or on lots facing Highway 93. Outdoor display of new or used equipment or products will be permitted on a limited basis. These areas must be landscaped in accordance with the guidelines set forth for acceptable trees and scrubs under B.5 M Site lighting shall meet the requirements of the City of Kalispell (Section 27.22.104 Outdoor Lighting). Daley Field Design Guidelines, Covenants & Conditions Version 5 Page 9 of 15 The management of signs and graphics on individual lots within Daley Field is intended to accomplish the following: ■ be expressive of the individual proprietor's identity, but at the same time compatible with the character of Daley Field. ■ be appropriate to the business, recognizing that careful use of color, lighting and materials in sign fabrication can contribute to quick and easy communication of information spelled out by letters and symbols. ■ be compatible with the visual character of the area surrounding it in order to achieve more aesthetically pleasing graphics and more effective graphics whose messages can readily be perceived and accepted. ■ be legible, recognizing that graphic effectiveness is a function of dynamic visual acuity — how people see when they are in motion, which depends upon how fast they are moving and the number of lanes of traffic. In keeping with the parameters set above, signs on individual lots should conform to City of Kalispell standards and regulations. 11 iiiiA IF liq Driveways shall be paved and shall intersect the street preferably at a right angle. All site plans shall be approved by the City of Kalispell and DFPOA. IndiVidual address identification devices for each approved building must be installed. Section C BUILDING DESIGN GUIDELINES The building design guidelines are to assist you in realizing an architectural solution that belongs in Daley Field. The general intent is to achieve a successful design integration of building into the landscape. Scale is critical and is to relate to the human size, with less emphasis on monumental that exceeds human scale. This may be accomplished through sensitive massing, form, scale, design modules, fenestration, selection of materials and colors. These design principles will apply to all structures. Good design is also being a good neighbor in the planning and architecture of your development. The building form and mass is to respond and conform to the existing grade and site conditions. Daley Field Design Guidelines, Covenants & Conditions Version 5 Page 10 of 15 V These guidelines intend to dictate a general theme of architectural style. Overall, each design should incorporate some degree of Mountain or Alpine flavor, and incorporate materials such as wood and/or rock to give the building this overall appearance and flavor. The design character should create a building that blends with its environment and use. The front of all buildings shall include some treatment to provide a presentable appearance. The design character of a building should be considered uniformly from all sides, not just the front or rear elevations, and all elevations should maintain the same visual integrity, cohesiveness and design detail. Building finish is subject to the discretion of the DRB however, in no case may it require higher standards than buildings already approved at the Daley Field. C.2 BUILDING HEIGHTS The maximum allowable height for a structure is per City of Kalispell standards. Scale and proportion can be deceiving. Small structures can at times appear large and dominating against the vegetation and landforms. Therefore, proper massing will reduce the scale of a large structure and create building texture that will help to blend the building with its environment. Building colors will be left to the discretion of the lot owner and subject to review of the DRB. Colors should be selected in good taste and not be overly "loud" or offensive. The following can be used as a guideline: 1. Non -reflective materials are to be used, including non -reflective glazing. 2. Color selections shall range from white or off-white to weathered driftwood (a very light gray) through to light brown, green or related tones. The use of blue may be allowed in certain shades. 3. Materials for roofs may be sculpted architectural asphalt, flat concrete or fiber -cement tile, slate or other cut stone only. Metal roofs are not permitted. 4. Materials for walls may be stained wood or wood, painted fiber -cement lap siding and stone. Cultured stone is permitted in out of reach areas on upper floors or for example for chimney cladding. Colored stucco may be incorporated for very small area as an accent only. Stucco colors are to be deeply toned rich warm grays, greens and browns; light or soft reflective tones are not acceptable. Daley Field Design Guidelines, Covenants & Conditions Version 5 Page 11 of 15 In order to impart a sense of solid, substantial construction and to avoid a tacked -on, thin veneer look, material changes should terminate at a logical inside corner, plan a shape change or at a. major wall opening. Changes at outside corners should be avoided. Exterior stone material should be continued down to the finish grade, thereby eliminating unfinished foundation walls. I All projections from a building -including, but not limited to, chimney caps, vents, gutters, scuppers, downspouts, utility boxes, and exterior stairways shall match the color of the surface from. which they project or be an appropriate accent color, unless otherwise approved by the DRB. All building projections must be contained within the Building Envelope. C.7 ANTE N NAEISATE LUTE DISHES Antennae & Satellite dishes may be used if discretely located on the building or property and a maximum 24" diameter. Large ground mounted satellite dishes are prohibited. MOM No accessory buildings will be permitted. Section D REVIEW AND APPROVAL PROCESS This process includes: Conceptual Development Plan Submission/Review; Concept Endorsement/DRB Approval (letter); ■ Detailed Design Final Submission/Review; ■ Endorsement/DRB Approval (letter) for Building Permit Application; and ■ Final Inspection -Final Acceptance Certificate (FAC). D.1 DESIGN REVIEW PROCESS Submit the Conceptual Development Plan to initiate the � design review process. This preliminary plan shall include the following: 1 The application form, supplied by the Design Review Board, with all information complete; 2. A survey at no less than 1"=20' showing lot boundaries and dimensions, easements, setbacks, utility tap locations and elevations at all property corners; Daley Field Design Guidelines, Covenants & Conditions Version 5 Page 12 of 15 3. A site plan at same scale as the survey showing the building envelope, the proposed building, driveways, parking areas, fences, site grading with new and existing elevations and all other proposed site improvements; 4. Roof and floor plans at no less than 1/8" scale; 5. Exterior elevations at no less than 1/8" scale of all elevations; and 6. A non-refundable Design Review Fee of $300.00. Make check payable to the Daley Field Property Owners Association technical representative. A Conceptual Development Plan Review is required to confirm the design incorporates all site requirements relative to the lot location/building envelope plan. It will assist to clarify the intent and application of the Design Guidelines, review/approval process, development procedures and schedules. The Design Review Board will provide a letter of endorsement to proceed including comments from the conceptual meeting for the designers use in preparing the final submittal within fourteen (14) days of submittal. D.3 FINAL DESIGN Submit three (3) sets of Construction Drawings and support documentation, including but not limited to: ■ Plot Plan (Survey) (1" 201011); ■ Site Plan (1/8" = 11-011 ); ■ Roof Plan and Floor Plans (no less than 1/8 1l0ll) ■ Exterior Elevations 4 Min. (no less than 1/8" 1 foil • Sections (no less than 1/8if = 1'0") through site and building from side PL to side PL and from rear PL to front road CL (2 Min.); • Landscape Plan (no less than 1/8 " = 1'0") including site grading/contours, retaining wall location(s) and material(s); • Drainage/Storm Water Management Plan (may be illustrated on the Landscape Plan); • Construction Limits Plan defining a temporary construction fence location with consideration for construction access, stockpile areas, portable toilet and garbage bin; 0 Exterior Lighting includes fixture schedule with. catalogue clips for site and building exterior lighting fixtures and street identification; • Color board (8.5" x 11 proposed exterior colors as applied to proposed materials for all exterior finishes; and • Construction Schedule. Design review will be provided in writing within thirty (30) days of submittal. Incomplete submittals will be returned and this review period will begin again. Daley Field Design Guidelines, Covenants & Conditions Version 5 Page 13 of 15 Completion in these guidelines means the completion of interior as acceptable for occupancy and the complete exterior of the development including all hard and soft landscaped areas. There will be a final inspection held at the request of the builder with the Design Review Board after acceptance by the City of Kalispell. Section E GENERAL & FUTURE PROVISIONJ The property owners shall each maintain their grounds with a neat a trim appearance. No portion of the property shall be used in such a manner as to create a nuisance to adjacent sites. Nuisances shall include, but not be limited to, vibration, sound, electro- mechanical disturbances, electro-magnetic disturbances, radiation, air, water, or light pollution, and emission of toxic, noxious or odorous matter. Future subdivision of properties located within Daley Field will be allowed with approval from the City of Kalispell applicable authorities, and all newly created lots shall be subject to these CC&R's. For greater clarification, no subdivision of lots will be allowed until the original lots are approved for development at Daley Field. Daley Field Design Guidelines, Covenants & Conditions Version 5 Page 14 of 15 This acknowledgement made this undersigned, day of 9 200by thl WHEREAS, Murcon Development Inc. is desirous of subjecting the real property to the conditions, covenants and restrictions herein set forth for each and all of which is and are for the benefit of said property and for each owner thereof, and shall inure to the benefit of and pass with said property and each and every parcel thereof., and shall apply to and bind the successors in interest and any owners thereof. h9, AUMV Murcon Development, Inc., being the owner of all the real property known as Lot 3 Daley Field Subdivision formally to be known as Daley Field Commercial Center, according to the.plat thereof on file and of record in the Office of the Clerk & Recorder of Flathead County, Montana, hereby declares that the said real property is, and shall be held, transferred, sold and conveyed, subject to the design guidelines, conditions, covenants, and restrictions, herein set forth are designed to provide a uniform plan for the development of the whole of said subdivision. All persons or corporations who now or shall hereafter acquire any interest in and to the above described property shall be taken and held to agree and covenant with the owner of the lots in said subdivision and with their heirs, successors and assigns, to conform to and observe the following conditions, covenants and restrictions as to the use thereof and as to the construction of dwellings and improvements thereon. WE ACKNOWLEDGE, That we have received' and read a copy of Daley Field Conditions, Covenants and Restrictions and agree to abide by the guidelines. Lot Owner Daley Field Design Guidelines, Covenants & Conditions Version 5 Page 15 of 15 s: MURCON DEVELOPMENT, INC. Plat of E: SUBDIVISION AMENDED PLAT OF LOT 3 OF DALEY 1 �• APRIL 22, 2W5 NW 1 /4 of Section 20, T2 8 N R 21 W, I City of Kalispell, Flathead County, h 6 vvj ti0 tiG� 55e'+do9'w (Raeld) 6-24•02'02' 90► . �.w (R aid) ,� o` V, `1 29.36' •3. s s`'e— ,�l 02 bc23'32'31' —� � - Q R_50.00 L-20.54 • . LOT A' LJ� a.22= 3'355' �g u10 11. S� �� 1.02 Ac. (Gr.) . Je $1 + 0.92 Ac. (Net*) / & / i ` b•2516'55' 1S R-50.00' •1. / � L! 22.06' � Or IY UNDERGROUND I _ UTILITY EASEMENT Y 6t2516'93' L-13.24' 20' UTILITY 6 b■2516'S5'f� \ IV UNDERGROUND ` DRAINAGE EASEMENT L-3089. \ �� \ �7" UTILITY EASEMENT ' LOT C �\ •\ \ 0.96 Ac (Gr) 2220 •\ \ ` • �� '� C. \. 0.87 Ac. (Net*) \ --, \\ \ LOT B \\ 20' UTILITY 6 DRAINAGE EASEMENT \ ` •� \ .Lo?; 1.13 Ac. (Gr.) \ 0.89 Ac. (Net) �: r' \\ \ \\ 4(7 PRIVATE ROAD \\ •\ UTILITY EASEMENTa OPEN TO THE PUBLIC CHISELED 'X' IN CONCRETE / \ \ \ \ // \�� '\ 2230 / Q7. / \ 60' PRIVATE ROAD 6 / � \ \ \ UTIUTY EASEMENT \ THE PUBLIC 'Ci / \ \ \ OPEN TO /CHISELED •CONCRETE W 1/' OO \• T' LOT D \\ /'' T G Lo \1.71 \ Ac. (Gr.).. �, \\ 1.55 Ac. (Net) \ \ Is UNDERGROUND 0.61 Ac. (Net*) UTILITY EASEMENT LOT F \\ \ \ .d; 0.68 Ac. (Gr.) PRIVATE ROAD 6 \ %� \ 4U \� UTILITY EASEMENT \ \ \ 0.52 Ac. (Net*) OPEN TO THE PUBLIC \ \ \ / / • /` ae \ \ \ i. \ R-25.00' Ole E2270 \ \\ \�� \ L_3;2r \ 1.10 Ac. (Gr.) \ \ \\\ 1.00 Ac. (Net*) y \ 15' UNDERGROUND'� h \ 1 .0 , \ UTILITY EASEMENT �r \ 1' - •Qi►. \�.2a UTILITY 6 DRAINAGE EASEMENT/ n 0 env �, \ / /` 1j . \0-01 ' 20' PRIVATE ROAD UTILITY EASEMENT OPEN TO THE PUBLIC LEGEND m FOUND 5/8- REBAR WITH PLASTIC CAP O FOUND W REBAR VATH PLASTIC CAP O SET 5/E' BY 24' REBAR WITH PLASTIC G OPHYSICAL ADDRESS - HIGF•IWAY 93 SOU 'NET ACREAGES EXCLUDE PRIVATE ROi Ile 4 . - . Q Y s` a {"`„ "B l i J.A7 k _ A g y• , . art• , ..�. ``. c�32` 33= a 3I` , IF u }1GA _ 38 sJc El A 14 4AA SA- = w 4 • ` S t 4 .IDSIB As IF Of r F y 481 471 46 431 44 TT SGAA 8CA m mlf f 3 f, AOMORIMIMI s 2AAJ c t - - 2AAJA IAA,lm_��Af 0GA " i 0A �7.* � �„ ks hh i El ' r . 4 2AAF': - A _ , . . 70 . , 4 r f A . . s w AAA 3 16 It IN 7E {" 7ED �r 1 - L R} g, IABC is 21� g.. - t ` A i 2G �• `F` 4% t 7A - - - 2F 2B71 i „ 4 c �3BA 24 213 `Y2FA-, jXG- ' r 13 t. 1 ..•+r..+ • fF .� G. 6B - - - „I � s : 5BB 5F t s q ` E 'fSAG�l - - 6D L) /r� 5HA FB 6 VICINITY MAP I1/II.�RCON DEVELOPMENT7 INC. PRELIMINARY PLAT AMENDED PLAT OF LOT 3 DALEY FIELD A 7 LOT COMMERCIAL SUBDIVISION ON APPROX. 7.4 ACRES �tl -I I-f-- n r-. A n le 111 _!