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09. Final Plat - Holiday Inn ExpressCity of Kalispell Planning Department 17 - 2 d Street East, suite 211, Kalispell, Montana 59901 Telephone. (406) 751-1.850 Fax : (406) 751-185 S Website: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: Tom Jentz, Director James H. Patrick, City Manager SUBJECT Final Plat for Holiday Inn Express MEETING DATE: May 21, 2007 BACKGROUND: This is a request for final plat approval of the Holiday Inn Express Subdivision that plats 1 commercial lot on approximately 3.45 acres. The property is located on the west side of U.S. Highway 93 North approximately 'A mile southwest of the intersection of West Reserve Drive and U.S. Highway 93 North. The property can be described as being within the NE 1/4 of section 36, Township 29 North, Range 22 West, P. M . M . , Flathead County, Montana. The Kalispell City Council approved this subdivision subject to 10 conditions on June 5, 2006. A subdivision improvements agreement in the amount of $186,100 has been submitted indicating that all public improvements will be installed by November 2007. In addition, a Letter of Credit dated November 8, 2006 with an expiration date of February 1, 2008 (60 days after work is to be completed) has been issued by Glacier Bank assuring all work will be completed. 1IECOMMENDATION: A motion to approve the final plat for Holiday Inn Express and to accept the subdivision Improvement Agreement would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Tom Jen�/z Director Report compiled: May 14, 2007 C: James H. Patrick City Manager Attachments: Letter of transmittal Final plat application and supporting documents City of Kalispell Planning Department 17 - 2nd Street East, Suite 21.1, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 website: kalispellplanning.com May 15, 2007 .James H. Patrick, city Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Re: Final Plat for Holiday Inn Express Subdivision. Dear Jim: Our office has received an application from. APEC, Inc. for final plat approval of the Holiday Inn Express Subdivision that plats 1 commercial lot on approximately 3.45 acres. The property is located on the west side of U.S. Highway 93 North approximately 'A mile southwest of the intersection of West Reserve Drive and U.S. Highway 93 North. The property can be described as being within the NE 1/4 of Section 36, Township 29 North, Range 22 West, P. M . M . , Flathead County, Montana. The Kalispell City Council approved this subdivision subject to 10 conditions on June 5, 2006. All of the conditions have been adequately met or otherwise adequately addressed. The following is a list of the conditions of preliminary plat approval for this subdivision and a discussion of how they have been met. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition 1, That the development of this site will be in. compliance with the adopted Spring Prairie PUD and PUD agreement adopted in December 2001 as amended. (Spring Prairie PUD). • This condition is met. The design and development of the site has been in accordance with the December 2001 Spring Prairie PUD and the PUD amendment approved on December 1, 2003. Condition. 2. That the access road serving the subdivision shall be designed and constructed in accordance with the adopted Design and Construction standards for the city of Kalispell for collector roads. (Kalispell Sub. Regs. Section 3.01 & 3.09A). • This condition is met. The roads are in the final stages of pavement work. The work is included in the attached subdivision Improvement Agreement. Additionally, Frank Castles, Kalispell Public works Department in a letter dated November 1, 2006 approved the deign plans for the project. Condition 3. A storm water drainage plan which has been designed by an engineer licensed in the state of Montana shall be prepared which complies with the City's Design and Construction Standards and said plan shall be reviewed and approved by the Kalispell Public Works Department. (Kalispell Sub. Regs. Section 3.12 A) . • This condition is met per letter from Frank Castles dated November 1, 2006 and per e-mail from Susie Turner dated May S, 2006 both from the Kalispell Public works Dept. Condition 4. That a letter be obtained from the Kalispell Public works Department approving the plans and specifications for streets, water, sewer and drainage facilities for the subdivision. (Kalispell Sub. Regs. Section 3.12 -- 3.15). • This condition is met per letter from Frank castles Kalispell Public Works Dept. dated November 1, 2006 Condition S. A letter shall be provided from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required plans, specifications and standards. A letter from the Kalispell Public Works Department stating that the required improvements have been reviewed and accepted by the city shall be submitted prior to final plat. (Kalispell Sub Regs. Sections 3.00, 3.11 - 3.15). * This condition has been met. The applicants are bonding for all public improvements. At this time streets, inclining asphalt work and curb and gutter installation are almost completed and sewer and water extensions are done but have not been inspected or accepted by the city. The applicants have submitted a subdivision Improvement Agreement in the amount of $186, 100 to address al the costs of public infrastructure. Condition. 6. The fire access and suppression system shall comply with the International Fire code 2003 Edition and a letter from the Kalispell Fire Department approving the access, placement of fire hydrants and fire flows within the subdivision shall be submitted with the final plat. (International Fire code, 2003 Edition). • This condition has been met per letter dated May 9, 2007 from Deputy Fire Marshall F. Ray Ruffatto. Condition 7. All new utilities shall be installed underground. (Kalispell Sub. Regs. Section 3.17A) . • This condition has been met per site inspection on May 15, 2007 and per review of the public facilities plans and specifications per letter from Frank castles Kalispell Public Works dated November 1, 2006. Condition S. Development of an overall landscape plan addressing public and private street boulevards, street trees; perimeter project landscaping, parking lot landscaping and all common area landscaping shall be submitted to the city Parks Director for approval in writing prior to installation. The plan shall address all PUD requirements and compliance with attached plans and applications materials. In particular the landscape plan shall address: a. All landscape buffers, boulevards, tree planters, landscape islands, tree wells, etc. and common areas with live landscape materials shall be provided with adequate irrigation. b. The applicant or future lessees shall be responsible to insure the live landscaping as approved on the original landscape plan and installed is maintained in a "live" condition. c. An irrigated landscape corridor of at least 20 feet in width shall parallel the future R/ W of US Highway 93 including undulating topography and have a mix of tree plantings with a ground cover predominately of lawn. d. In developing the landscape plan, the developer shall comply with the definition of landscaping as defined in the Kalispell Zoning ordinance as follows: "Some combinations of planted, living trees, shrubs, hedges, vines, living ground cover and flowers suitable for the climate exposure and site conditions. In addition, the combination or design may include earth sculpture, cobble, bark, mulch, edgers, flower tubs, rock and such structural features as foundations, pools, art works, screens, walls, fences or benches, but such obi ects alone shall not meet the requirements of thisProvision." Bark, mulch, rock, etc. may augment live landscape features but the primary feature in all landscaping treatments shall be growing materials unless specifically modified as in special cases such as internal parking lot sidewalk corridors where trees would be in a protective grate as they line a sidewalk and form a canopy. e. Landscape islands within parking lots shall incorporate predominately living materials. Note that in parking lot landscape islands, shade trees shall be placed in such intensity and location as to form a canopy where they cover or line sidewalks and where ever they are used, a visual break from the open asphalt parking areas surrounding it. The site plan shows two shade trees at the ends of islands and 4 trees within internal islands. This may or may not be adequate depending on species selected. (PUD Section 2.01 (E(2)(F-G)). • This condition has been met per letter from Chad Fincher, Kalispell Parks Superintendent dated May 7, 2007 approving the plans and specifications and per the attached Subdivisions Improvement Agreement dated November 14, 2006 which addresses the installation of said landscape improvements within the public R/W. Note that the private landscaping features within the parking lots and landscape buffer will be included under the building permit and certificate of occupancy inspection requirements for compliance. Condition 3. All exterior lighting within the subdivision shall be shielded and directed downward so that it does not intrude unnecessarily onto adjoining properties or cause excessive glare or otherwise excessively light the site. In doing this all exterior lighting fixtures on buildings, streets and in parking lots shall be shielded with cut-offs and baffles with a minimum cut-off angle of 20 degrees below horizontal and the maximum light standard height is set at 30 feet above adjacent grade. This is not meant to discourage lover intensity exterior lighting for architectural or landscape accent purposes. (PUD section 2.02H(3). • The exterior lighting complies with this condition and the City's Lighting Standards per submitted plans as reviewed by the City Building Department and per site inspection on May 15, 2007. Condition 10. The preliminary approval shall be valid for a period of three years from the date of approval. (Kalispell Sub. Regs. section 2.04 (E (7)). • This condition is met. The preliminary plat was approved on June 5, 2006. The final plat submittal falls within the required 3 year time frame. COMPLIANCE TH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was approved by the Kalispell City Council on June 5, 2006. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. A subdivision improvements agreement in the amount of $186,100 has been submitted indicating that all public improvements will be installed by November 2007. In addition, a Letter of Credit dated November 8, 2006 with an expiration date of February 1, 2008 (60 days after work is to be completed) has been issued by Glacier Bank assuring all work will be completed. COMPLIANCE TH THE ZONING REGULATIONS This subdivision can be found to be in compliance with the Kalispell Zoning Ordinance and the spring Prairie PUD zoning designation for the property which governs the dimensional requirements of the lots within the subdivision as well as the uses. RECGMMENDATIGN, It is found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for Holiday Inn Express subdivision. Please schedule this matter for the regular city council meeting of May 21, 2007. Sincerely, Thomas . Jentz Director Attachments: Vicinity map 1 opaque Mylar of final plat 1 reproducible Mylar of final plat 1 copy of final plat 11 x 17" Copy of plat Final plat application dated 5 / 14 / 07 Ltr from Johna Morrison, APEC INC dated 5/4/07 Letter from Kalispell Public Works dated 11 / 1 / 06 E-mail correspondence dated 5/8/07 from Susie Turner Ltr from Kalispell Fire Department dated 5/ 9 / 07 Ltr from Kalispell Parks and Recreation dated 5/7/07 Title report # 1973237-CT dated 4 / 24 / 07 Tax certification dated 5 / 8 j 07 Ltr from DEQ dated 11 / 21 / 06 Subdivision Improvements Agreement dated 11 / 14/2006 Ltr. of Credit from Glacier Bank ($190,000) dated 11-8-06 Copy w/ att: Theresa white, Kalispell City Clerk Copy w/o, att: APEC, Inc. Attn: Johna Morrison 100 Financial Drive, Ste 120 Kalispell MT 59901 Department of Natural Resources and Conservation Attn : Steve L.orCh 2250 Hwy 93 North Kalispell, MT 59901 KVC Development, LLC Attn: Kent Lembke 3923 E. Mission, Suite 135 Spokane, WA 99212 Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this ` day of �$� , 200 G , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and Dent Clausen, KVC Development, located at 8923 East Mission, Suite 135 Spokane, WA 99212, Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the developer of a new subdivision known as Holiday Inn Express Subdivision, located at in the NE 'I4 Section 36, T 28N, R 22W, Flathead County, Montana and, WHEREAS, the City has conditioned it's approval of the final plat of Holiday Inn Express Subdivision, upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $148,880.00. 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 Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $186,100.00. Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $186,100.00 the estimated cost of completing the required improvements in holiday Inn Express. b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by November 2007. 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF P ies have hereunto set their hands and seals the day and year herein befor w Kent Clausen STATE OF � ) Cj�/k ss. County of F4a4wa� ) This instrument was acknowledged before me on � �-.S , 200� by Kent Clausen. ]I ; _ MONICA V. . R:N] 4 Notary Public, State o Appeinfinent No. D flri Appt. Expires Fe Printed Name�..- Notary Public for the State of.a Vt,vQciG Residing at My Commission Expires Feb23 t,OO � MAYOR, CITY OF KALISPELL ATTEST: MAYOR FINANCE DIRECTOR EXHIBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED PERCENTAGE APPROPRIATE COMPLETION CONSTRUCTION COMPLETE IMPROVEMENTS DATE COSTS Street Grading/Paving November 2007 $62,450.00 -0- Sidewalks November 2007 $12,384.00 -0- Curbs and Gutters November 2007 $9,876.00 -0- Sanitary Sewers November 2007 $279960.00 -0- Mains Water Systems November 2007 $279960.00 Mains Boulevard trees l landscaping November 2007 $ 8,250.00 -0- SUBTOTAL $1485880.00 FEES TOTALS COSTS $1485880.00 TOTAL COLLATERAL (TOTALS COSTS X 125%) $1865100.00 GLACIER BANK IRREVOCABLE LETTER OF CREDIT: Letter of Credit No. ol-06-297 Dated: November 8, 2006 Expiration Date: February 1, 2008 Amount: $190,000.00 Kalispell City Council City of Kalispell P. 0. Box 1997 Kalispell MT 59901 We hereby establish in your favor an irrevocable letter of credit up to the aggregate amount of $190,000.00 at the request of KVC Development, Inc. If KVC Development, Inc. fails to complete the specified improvements in the Spring Prairie Planned Unit Development within the time period set forth in the attached Improvements Agreement, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must indicate the number and date of this letter of credit and be accompanied by a signed statement of an authorized official that the amount is drawn to install improvements not installed in conformance with the Improvements Agreement and specifying the default or defect in question. All drafts must be presented prior to the expiration date stated above, and this letter of credit must accompany the final draft for payment. This letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. This Letter of Credit is subj ect to and governed by the Uniform Customs and Practice for Documentary Credits of the International Chamber of Commerce (Publication No. 400) to the extent not inconsistent with Montana Law. If any legal proceedings are initiated with respect to payment of this Letter of Credit, it is agreed that such proceedings shall be subject to Montana courts and law. G Mike Crimmins, Vice President website: www.glacierbank.com email: glacier@glacierbank.com City of Kalispell Planning Department nd 17 - 2 Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project /Subdivision Name: HOLIDAY INN EXPRESS SUBDIVISON Contact Person: Owner & Mailing Address: Name:_JOHNA MORRISON, APEC INC KVC DEVELOPMENT LLC Address:109 FINANCIAL DRIVE, SUITE 129 8923 E. MISSION, SUITE 135 KALISPELL, MT 59901 SPOKANE, WA 99212 Phone No.: 406 755-1333 Date of Preliminary Plat Approval: JUNE 5, 2006 Type of Subdivision: Residential _industrial Commercial 1_PUD Other Total Number of Lots in Subdivision 1 Land in Project (acres) 3.45 ACRES Parkland (acres) _N/A Cash -in -Lieu $ Exempt _YES No. of Lots by ape: Single Family Townhouse Mobile Horne Park Duplex Apartment Recreational Vehicle Park Commercial 1 Industrial Planned Unit Development Condominium Multi -Family Other Legal Description of the Property _N1/2 OF NE 1/4 IN SECTION 36, TOWNSHIP28 N, RANGE 22 W. FILING FEE ATTACHED $ 805.00 ($650.00 + $105.00 + $ 50.00) Minor Subdivision with approved preliminary plat $400 + $105/lot Major Subdivision with approved preliminary plat $650 + $105/lot Subdivisions with Waiver of Preliminary Plat $600 + $105/lot Subdivision Improvements Agreement $ 50 I IU:t� AM KALISFELL FLANKING FAX N0, 14007511850 05/ 04/ 2807 08: 51 5899286660 KVC PAGE 84 Fags 3 of 3 AuachW Not Applicable (MUST CHECK ONE) �... Health Cordficafion ( ghW) .,. ,,. T',4x CCrwC"won ftporw ULVN must be paid) Comets) to FqgLt (tea and Sri) gubdivi"em frnprovemat (A,tah co1l*W) PaTklaod Cash- Lieu (Check attached) M*intaimoc Agreernmt I wylr copy I sipW bhwlinc 4 bluffs 4 bluelirws,, awed I 117 Copy` 1117 Copy "The pla moat be signed by ai] owner of record, the swveM wW tU land surveyor. Aftwb it kiw, wbioh lift awh condition of pmlrrnlnary plat approval. and individually Me how each c ` " has qNdficaUy bem met In cam wbm doe 'on is rquircd, such as an 's certifiuflon, State Deps st of I�th �fic4tio% etc,, or ghW Ie mall be W=Wcd. l8l�t �m� �. for ample, "all jtnpmovments sre 'm per" are wt ble. A �p1 pit must be s�brftt d Im expo Of 6e preftwary plat WgLVPbCw0G MUM a subt�titted to c the staff fords fbo �� a is com per, the wM ub tit a report to dw g ` body. The gav�g body must act wid& 30 d"s of mu* of dw revised prey - plait applon wW swff rmpom lwompWe wil got be d wW trot be f to t go body for . Chances to t plat nay ne roco duo, by tb c p bond. l � g eubsnit d is UW, and complete., I undecstwd that �tnpleU in 60—tM be aid +fit No hdbnnatkm will delay Ow applira#oo and r w ivgidate aw DO Aping of ` f%s sWicatim Signifia wal for KWbp4 F �' to be pMct on the ty r ttvnx� oo d� the d developmmt provers. �� b� # t C'outy CWk & �� all " 'iota gnat plat 11pp11 wia a dwul cam. or *A dg1 6off of ft fnW plat in a Dmvdm pile )CF) fcmrtW or an A format, of dw fenowing IgNS: L Erior bouroftry of subdivision I Lot or puk bawWa4es 3.- 40P Roa& ordgh"f-way 5. A tic to citha as mdBftg swan cw= or a caaw of the Wblc hwd WKy *%U=• 2 5/4R001 May 4, 2007 Tom Jentz Kalispell Planning Department 17-2nd Street East, Suite 211 Kalispell, Mt 59901 Re: Holiday Inn Express Subdivision Final plat Dear Mr. Jentz; Submitted for your review is the Holiday Inn Express Subdivision Final Plat. Below, is a list of conditions and how we believe we have met them: #1 -- That the development of this site will be in compliance with the adopted Spring Prairie PUD and PUD agreement adopted December 2001 as amended. ■ The condition is met, the development of this site is in compliance with the Spring Prairie PUD and PUD agreement as amended. #2 — That the access road serving the subdivision shall be designed and constructed in accordance with the adopted Design and construction standards for the City of Kalispell for collector roads. ■ The condition has been met. The road is rough graded, the rest of the road improvements are included in the Subdivision Improvements Agreement (attached). #3 -- A storm water drainage plan which has been designed by a licensed engineer licensed in the state of Montana shall be prepared which complies with the Citys Design and Construction standards and said plan shall be reviewed and approved by the Kalispell Public Works Department. • The condition is met. Kalispell public works has approved the plan and the construction. Letter from Frank castles is attached approving the plans. #4 — That a letter be obtained from the Kalispell Public Works Department approving plans and specifications for streets, water, sewer and drainage facilities • . The condition is met. Kalispell public works has approved the streets, water sewer and drainage plans and the plans are acceptable. See letter attached from Frank Castles and email from Susie Turner. #5 -r- A letter shall be provided from and engineer licensed in the State of Montana certifying that the improvements have been installed according to the required plans, specifications and standards. A letter from Kalispell Public Works stating that the Kalispell A, APEC,1nc. A, Poison 100 Financial Dn've, Suite 120 Kalispell, Montana 59901 Tel 406. 7 5 5.13 3 3 Fax 406. 7 5 5.1310 www.APEC-MT.com required improvements have been reviewed and accepted by the city shall be submitted prior to final plat. • . The condition is met. A letter is attached from a P.E. certifying all improvements that are in place to date, the rest is included in the SIA. Technical staff spoke with Frank castles from the City of Kalispell, and a 2 year 20% performance bond will need to be submitted when the sewer, roads, and water is finished and approved. #0 — The fire access and suppression system shall comply with the international fire code 2003 Edition and a letter from the Kalispell Fire Department approving the access, placement of fire hydrants and fire flows within the subdivision shall be submitted with the final plat. ■ The condition is met. A letter from the fire department is attached. #7 — All new utilities shall be installed underground. ■ The condition is met. All utilities have been installed underground. #8 — Development of an overall landscape plan addressing public and private street boulevards, street trees, perimeter project landscaping, parking lot landscaping and all common area landscaping shall be submitted to the city Parks Director for approval in writing prior to installation. The plan shall address all PUD requirements and compliance with attached plans and application materials. In particular the landscape plan shall address: a. All landscape buffers, boulevards, tree planters, landscape islands, tree wells, etc. b. The applicant or future lessees shall be responsible to insure the live landscaping as approved on the original landscape land and installed is maintained in a "live" condition.. c. An irrigated landscape corridor of at least 20 feet in width shall parallel the future RIW of US Highway 93 including undulating topography and have a mix of tree plantings with a ground cover predominately of lawn. d. In developing the landscape plan, the developer shall comply with the definition of landscaping as defined in the Kalispell Zoning Ordinance as follows: Some combinations of planted, living trees, shrubs, hedges, vines, living ground cover and flowers suitable for the climate exposure and site conditions. In addition, the combination or design may include earth sculpture, cobble, bark, edgers, flower tubs, rock and such structural features as foundations, pools, art works, screens, walls, fences or benches, but such objects alone shall not meet the re uiements of this,_,provision." Bark, mulch, rock, etc. may augment live landscape features but the primary feature in all landscape treatments shall be growing materials g g unless specifically modified as in special cases such as internal parking lot sidewalk corridors where trees would be in a protective grate as they line a sidewalk and form a canopy. e. Landscape islands within parking lots shall incorporate predominately living materials. Note that in parking lot landscape islands, shade trees shall be placed in such intensity and location as to form a canopy where they cover or line sidewalks and where ever they are used, a visual break from the open asphalt parking areas surrounding it. The site plan shows two shade trees at the ends of islands and four trees within internal islands. This may or may not be adequate depending on the species selected. ■ The condition is met, the parks department has reviewed all of the plans for landscaping and has provided a letter of approval. #9 — all exterior lighting within the subdivision shall be shielded and directed downward so that it does not intrude unnecessarily onto adjoining properties or cause excessive glare or otherwise excessively light the site. In doing this all exterior lighting fixtures on buildings, streets and in parking lots shall be shielded with cut-offs and baffles with a minimum cut-off angle of 20 degrees below horizontal and the maximum light standard height is set at 30 feet above adjacent grade. This is not meant to discourage low intensity exterior lighting for architectural or landscape accent purposes. The condition is met. Enclosed are the specifications for lighting with a sight lighting calculations layout. Both were verbally approved by P.J. Sorensen. #10 — That the preliminary plat approval shall be valid for a period of three years from the date of approval. ■ The condition is met. The approval expires 012109. This submittal has been turned in well within the time frame The title report, tax certificate, DEQ approval and other necessary letters of approval are attached. Your timely review is appreciated. Please do not hesitate to call with any questions. inc ely Johna orrison APEC Inc. r It 1 1c Works Dep ............... . .. . ..... ......... ... .. . . . . . . . . . . . . . ...........:...::.....:.. Post Office Box 1997, Kalispcll, Montana 59903-w1997 - Telephone (40 75-7720, Fax 406 75S--7S31 >g November 1, 2006 Environmental health Services Flathead city -county health Department 1035 First Avenue West Kalispell, Montana 59901 Attention: Dick Montgomery, P.'E. RE: Treeline Road Water and Sanitary Sewer Extension for holiday Inn Express Kalispell, Montana Dear Dick, This letter is to confirm that the city of Kalispell has reviewed and approved the plans and specifications prepared by Schwarz Architecture and Engineering for the referenced project. The Kalispell water distribution system and sanitary sewer system has adequate capacity to serve the project. Please feel free to call if you have any questions. Sin e I Frank fast es P.E. Deputy Public Works Director/Assistant City Engineer cc: Jeff Goudreau Schwarz Architecture and Engineering Page Iof2 Johna Morrison From: Jeff Goudreau Sent: Tuesday, May 08, 2007 12: 1 5 PM To: Johna Morrison Subject: FW: holiday inn express conditions From: Susie Turner [mailto:sturner@kalispell.com] Sent: Tuesday, May 08, 2007 12:15 PM To: Bentz@kalispell.com Cc: Jeff Goudreau Subject: RE: holiday inn express conditions Hi Tom, i reviewed the stormwater drainage plan for the Holiday inn Express in September of 2008. The drainage plans, design, and calculations all complied with the city's Design and construction Standards. Please let me know if you need more of an official letter, I will be back from Butte on Thursday. Jeff, please forward this email to your planner. Thanks Susie Turner From: Jeff Goudreau [mailto:jeff.goudreau@apes-mt.com] Sent: Tuesday, May 08, 2007 10:22 AM To: sturner@kalispell.com Cc: Johna Morrison Subject: holiday inn express conditions Susie, I'm looking for a letter from you that addresses #3 of the attached conditions per your review last August of the above mentioned project. Thanks for your help .Jeff Goudreau EIT Mechanical Engineer APEC Inc. 100 Financial Drive Kalispell Mt, 59901 Phone: 406-755-1333 Fax: 406-755-1310 51912007 KALISPELL FIR.E DEPARTMENT Randy Brodehl Fire Chief 312 First Avenue East ti.M ,ry Dan Diehl — Assistant Chief/Operations Kalispell Montana 59901 (406) 755-7760 DC Haas —Assistant Chi ef/ Prevention M FAX: (406) 755-7952 May 9, 2907 APEC Incorporated Attn: Johna Morrison 190 Financial drive, Suite 120 Kalispell, MT 59991 Re: Final plat approval — Holiday Inn Express, 275 Treeline Road Dear Ms. Morrison, In response to your request for approval of the above -referenced project, our department approves final plat for the Holiday inn Express, with the following information and conditions: • Fire hydrant locations, fire flows, and fire department access are approved by this department. Please contact me if you have any questions. Sincerely, F. Ray Ruffatto Deputy Fire Marshal xc: Tam Jentz, Kalispell Planning Office "Assisting our community in reducing, preventing, and mitigating emergencies. " 35 1St Ave East — P O Box 1997 —Kalispell MT 59903-1997 Phone: (406) 758-7960 Fax: (406) 758-7719 Email: cfincher@kalispell.com MAU", BY-, ■+ N." May 71 2007 APEc Attn: Johna Morrison 100 Financial Drive, Suite 120 Kalispell, Montana 59901 Phone: 400-755-1333 Re: Holiday Inn Express Dear Johna: This letter is to serve as approval on the proposed landscaping plans for Holiday Inn Express per the plans submitted by your office. It is agreed that if the project is extended, the developer will be responsible for bonding for landscaping improvements as specified on the submitted plan for the Holiday Inn Express. Tree plantings are required to meet the Street Tree ordinance standards of 2 21 caliper and of an approved species from the Kalispell Parks department planting list. Boulevards are to be seeded or sodded to meet city standards. Bushes to be used as buffers are required to be of planting materials that will reach screening heights to act as adequate buffers. Should you need direction on appropriate bushes for screening purposes, please do not hesitate to contact our office. It should be noted that all plantings within the BPA easement must be approved by BPA. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings, at which time bonding and/or letter of credit would be released if it is in place. It should be noted that the trees and landscaping are under a warranty period and should they die within this time frame, the developer will be responsible for replacement. It has been enjoyable working with you, if you have any concerns or questions please give me a call. Sincere) Chad Fincher, Parks Superintendent Kalispell Parks and Recreation Subdivision Guarantee Guarantee No.: 197327-CT Issued by Citizens Title anal Escrow Company 704 South Main/P.O. Box 1310, Xali5pell, M T 59901 Title Officer. Ted Gigrich Phone: (406)752-5388 FAX,• (406)752-9617 Form No. 1282 (Rev 12/15/95) Subdivision Guarantee Guarantee No.: 197327-CT Form 1349 CLTA Guarantee Face Page ( Revised 12/ 15/9 5 ) First American i�W'W/e Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, First American Title Insurance Company a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. First Amen n Titlefinsarwwe Cornpavy BY NT ATTEST F,C4 TA PY Citizen's Title and Escrow Company AUTHORIZED SIGNATORY subdivision Guarantee Guarantee No.: 197327-CT SUBDIVISION OR PROPOSED SUBDIVISION GUARANTEE Order No.: 197327-CT Guarantee No.: 197327-CT Fee: $150.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: State of Montana FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: THAT PORTION OF THE NORTHEAST 1/4 OF SECTION 36, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M,M, FLATHEAD COUNTY, MONTANA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 36; THENCE SOUTH 63033'08" (NEST 1354,38 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTHEASTERLY RIGHT OF WAY BOUNDARY OF THE KALISPELL BY-PASS AS SHOWN ON RIGHT OF WAY PLANS DATED JULY 21, 2006; THENCE ALONG SAID SOUTHEASTERLY RIGHT OF WAY BOUNDARY THROUGH THE FOLLOWING FOUR COURSES; SOUTH 37°27' 12" WEST 192.80 FEET. SOUTH 35006'48" WEST 157.32 FEET, SOUTH 30008'20" WEST 253.65 FEET AND SOUTH 33030131" WEST 258.53 FEET; THENCE SOUTH 46023'22" EAST 25,96 FEET; THENCE SOUTH 89004'44" EAST 237.23 FEET; THENCE NORTH 14028'41" EAST 9.82 FEET; THENCE NORTHEASTERLY ALONG A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 323.05 FEET, A CENTRAL ANGLE OF 58024'32". AN ARC LENGTH OF 329,32 FEET, A CHORD BEARING OF NORTH 43040157" EAST AND A CHORD LENGTH OF 315.25 FEET; THENCE NORTHEASTERLY ALONG A NON -TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 320.78 FEET, A CENTRAL ANGLE OF 28042,2511 AN ARC LENGTH OF 160.72 FEET, A CHORD BEARING OF NORTH 86053136" EAST AND A CHORD LENGTH OF 159.05 FEET; THENCE NORTH 66.14 FEET; THENCE SOUTHEASTERLY ALONG A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 385.78 FEET, A CENTRAL ANGLE OF 2304415311, AN ARC LENGTH OF 159.90 FEET, A CHORD BEARING OF SOUTH 87023'34" WEST AND A CHORD DISTANCE OF 158.76 FEET; THENCE NORTH 00011'10" EAST 433.36 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS HOLIDAY INN EXPRESS SUBDIVISION. (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: State of Montana Subdivision Guarantee Guarantee No.: 197327-CT (B) Parties holding liens or encumbrances on the title to said lands are: 1. 2007 taxes and special assessments are a lien; amounts not yet determined or payable. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year 1st Half 2nd Half Parcel Number 2006 $615.89 $615.88 01-E000703 Affects paid paid premises and other property (C) Easements, claims of easements and restriction agreements of record are: 2. Any right, title or interest in any minerals, mineral rights, or related matters, including but not limited to oil, gas, coal, and other hydrocarbons. 3. county road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder to Title 70, chapter 21, M.C.A., including, but not limited to any right of the Public and the county of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. 4. B.P.A. Transmission Line Easement as shown on available county maps. 5. Resolutions by the State Highway commission of the State of Montana for Designation of Limited Access Highway, recorded April 15, 1095, as Doc. No. 85-105-15010 and December 6, 1989, as Doc. No. 89-340-09150, records of Flathead County, Montana. 6. Easement for a right of way for highway construction and maintenance, including occupancy by public utilities (also includes access control), granted to Montana Department of Transportation, recorded August 27, 1992, as Doc. No. 92-240-10080, records of Flathead county, Montana. Amendment recorded August 11, 2004, as Doc. No. 2004-224-09050. 7. Resolution by the Transportation commission of the State of Montana for Designation of Limited Access Highway, recorded November 14, 1997, as Doc. No. 1997-318-10050, records of Flathead County, Montana. 8. Resolution No. 4584 by the city Council of the City of Kalispell for annexation, recorded October 18, 2000, as Doc. No. 2000-292-13260. 9. Resolution No. 4661 by the City council of the city of Kalispell for annexation, recorded November 2, 2001, as Doc. No. 2001-306-09060. And re -recorded to amend legal description, January 15, 2002, as Doc. No. 2002-015-11150. 10. Terms and conditions of Ordinance No. 1404 approving a Planned Unit Development and Declaration of covenants,. Conditions and Restrictions, recorded January 15, 2002, as Doc. No. 2002-015-11180, records of Flathead county, Montana. Subdivision Guarantee Guarantee No.: 197327-CT 11. Covenants, Conditions and Restrictions recorded as 2002-015-11180 , but omitting any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status, or national origin to the extent that such covenants, conditions or restrictions violate 42 USC 3604(c). 12. Terms and conditions of ordinance No. 1486, an ordinance Authorizing and Adopting an Amendment to the Developer's Agreement for the Planned Unit Development for Spring Prairie Center, recorded April 12, 2004, as Doc. No. 2004-093-16210, records of Flathead County, Montana. 13. Amended Resolution Designation of Controlled Access Highway and Facility, recorded October 8, 2004, as Doc. No. 2004-282-08180. 14. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed by Certificate of Survey(s) No. 13423, 14292, 16925, 16927, 16928 and 17217, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restriction violate 42 USC 3604 (c). 15. Unrecorded leaseholds; rights of parties in possession, rights of secured parties, vendors and vendees under conditional sales contracts of personal property installed on the premises herein, and rights of tenants to remove trade fixtures. 16. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed on the pending plat of said subdivision, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 17. Easement granted to owl Corporation, recorded January 31, 2007 as instrument No. 2007-031- 13390. 18. The Company will not assume any responsibilty or liability for any actions of Judgments brought against the State of Montana. Date of Guarantee: April 24, 2007 at 7:30 A.M. CITIZENS'J"ITLE tk ESCROW COMPANY ACKNO-WLEDGEMENT srrATL OF 1\10N'1,ANA ) S�. COtJt�"__ Y OF FLATHEAD } 'I- his ins trum.ent was ackno ledge(f before jiZe on dayof y lk�q6V 14, r1_4as Assistant Secretary of Citizens Title & Esct- v Coiiip a-ii.y. _? i G AM RRELL NOTARY PUBLIC for the ,001"14t State of Montana * "-00 * Redding at Kalispell, Montana ``- My Commission Expires 01 October 9, 2010 Subdivision Guarantee Guarantee No.: 197327-CT SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the fol lows ng : (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the Invalidity or potential invalidity of any judicial or non judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to In this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the parry or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to In Schedule (A) (C) or in Part 2, and Improvements affixed thereto which by law constitute real property. The term "land" does not Include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated In Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at Its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid In any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary In the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required In the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12f 15/95) Subdivision Guarantee Guarantee No.: 197327-CT 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or In the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee Is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices,, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 1 First American Way, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12/15/95) Subdivision Guarantee Guarantee No.: 197327-CT Citizen's Tit/e and Escrow Company 704 South Main/P.O. Box 1310, Kalispell, MT 59901 Phone(406)752-5388 - Fax(406)752-9617 PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from an other source such as information obtained from a public record r y p c eco d o from another person or entity. First American has also ado ted broader guidelines that govern our use of personal information regardless of its source. tY P 9 g I� 9 First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; ■ Information about your transactions with us, our affiliated companies, or others; and ■ Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or as permitted b law. We may, however, store such information indefinites including the Y q i� p y Y, Y, 9 period after which an customer relationshiphas ceased. Such information may be used for an internal purpose, such as quality control efforts or customer analysis. We may also provide all of the es of nonpublic personal informationp p y y p types p p listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore we ma also provide all the information we collect as described above to companies nies that perform marketing n pservices on our behalf, on behalf f our affiliated companies, r r P P 9 p es, o to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best fforts to train and oversee our employees and a agents to ensure h P Yg e su e that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. @ 2001 The First American Corporation 9 All Rights Reserved I I 1 I I `I I I r r I, f / i r I -.. i I r � 7REELINE ROAD .00, I r 1,�► ......_.........,. � . — — -- — — �. — — — -- -- — ...,. _ — — L. .., . -r-i � ._ .� _ _ ...—.,..., -Q ,. . 1 I xr l i err 000 # r� I r f I f � r I or l # r } # S+ 1 � el 0010 �p� r f I # �f00I r � r i SERVE La P -4 3 I I f i # 1� i 1 ► I I I i LA�J 3 I I I I I 4+ I l l I TA I ! I I I f I # *�O l r I � i I r 4+ i 1 I I 1 i `his plat is provided solely for the I I I purpose of assisting "n locating the land, I I I and the Cora a r� ri ,' "n c' . k�llity fo i I I variatiom, ii I I.�,., f Citizen's Tip` �; u_ ► s �T � i i I "" -act — Z � I Plat Room Flathead County, Montana 800 S. Main St Kalispell, MT 59901 (408) 788-5810 This Form is for subdivisions & Condominiums Only TALC SEARCH FOR CERTIFICATE OF SURVEYS: 8Y: MARQUARDT FAR: STATE OF MONTANA DEPT OF �1 �119106 NATURAL RESOURCES & DATE CONSERVATION DESOP: HOLIDAY INN EXPRESS SUE PURPOSE SU13. jr. 5 in 36-29,*22} YEARS ASSESSOR # 200? thru 2006 E000703 ... ... ... . ...,... ... .. .....mow, _ ...... ., _ . ... ... « « ...........«, �. .. •.... , , �., � .. .. .. ..•... ..... ti• ...• e... ..�.-._.•...»... .... « •.• . .. ..- . .max-'V �.... .. ... ... • .. ..... � .» •.. ., . ». .. ..« I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for assessor number. 00 MAY 0 S ZIAI l G _ Deputy Treasurer (seal) Montana Department of VIRONMENTAL UAUTY Man Schweitzer, Governor 1.09 Cooperative Way ■ Suite 105 - Kalispell, MT 59901-2389 - (40 ) 755-8985 w FAX (406) 755-8977 Jeff Goudreau, EIT November 21, 2006 Schwarz A&E 100 Financial Drive, Suite 120 Kalispell, MT 59901 F 1 RE: Holiday Inn Express Water & sewer Extensions; EQ# 07-1837. Dear Mr. Goudreau: 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 October 30, 2006 and change Order No. 1 received November 16, 2006 under the seal of: Marc E. Pitman, P.E.# 12563PE. 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. No public water or sewer system or portion thereof shall commence operation prior to being certified by letter to the department that the system or portion of the system constructed, altered, or extended to that date, was completed in accordance with plans and specifications approved by the department. For a system or any portion of a system designed by a professional engineer, the engineer shall sign and submit the certification letter to the department. Within 90 days after the completion of construction, alteration, or extension of a public water supply or wastewater system, or any portion of such system, a complete set of certified "as -built" drawings must be signed and submitted to the department. 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. S'ncere y, a ter M. , P. E. Environ Engineer PE Public Water Supply Section Public Water Supply and Subdivisions Bureau cc: City of Kalispell PWD, Frank Castles Flathead County Sanitarian, Glen Grey File Centralized Services Division • Enforcement Division • Permitting & Compliance Division • planning, Prevention & Assistance Division • Remediation Division FF/ • ;VA JOE PM MIL t -Eb' vl="ImtmvM-i�46 &M Rv=5 0 Subject Prop(- iF Jill oil iI ■ �� t A �J LJIC E3-.ri OWNER/FOR-, DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION - STATE OF MONTANA PURPOSE: SUBDIVISION HOLIDA �NN DATE: NOVEMBER fi, 2005 NE 1 /4 of Section Flathead �-4 zz �uX w S25 53O SC, S36 531 xa � k � k � } V 1 ' ---Poe t F F . k 15' WIDE WATER �ry e LINE EASEMENT w � % k � k "94 h I r F O [I} I ' rl T I i NON -TANGENT C 3, 45 Ac. (Cr,) C $7 23' 34"w 2,87 Ac. (Net`) c��a-?s I p-23'44 53- -- 38-5�- UNDERGROUND PUBLIC 3 0.58 Ac- (Rood) k �.395.78 UTILITY EASEMENT o ! 0 L +1 5J-90' �TREELiNE ROAD PER f "2 PLAT OF SPRING PRAIRIE $' _rj CENTER PHASE 1 / fi 75 x ; :3 CL 55 05' 15' WATEF� 42'25' LINE EASEMENT h A V ^,.Y, k >c. ¢ `REELINE Ni?M1F— TANGENT r R nnJ 4 T 3 UNDERGROUN❑'"w , �� V PUBLIC UTILITY � DEDICATED HEREON' ^� EASEMENT s� 5 ey'F Vrr 0.2 Ac. 1 /16 L€ 65' RIGHT 14 OF WAY i 545"23'22"E S89'04'44'E 723 N]4'28'41'E �0 C7 25.96' 1 /16 LINE/ a 9� y �'P Cep Pc_rrce-:-- c)f S. 1 l0. 1 727 7 3 LEQENQ r FOUND SECTION CONTROLLING CORNER - MDT ALUMINUM MONUMENT i 4 5/8' REBAR WITH ALUMINUM CAP PER PLAT OF SPRING PRAIRIE CENTER PHASE I SU4ISION Q SET 5/8' BY 24-" REBAR WITH PLASTIC CAP MARKED *MARQUARDT 73285" HATCHING DENOTES RIGHT OF WAY DEDICATED HEREON CB= CHORD BEARING CL- CHORD LENGTH HATCHING DENOTES UNDERGROUND PUBLIC U nLITY EASEMENT SCALE: 1" 1 OD' �75 PHYSICAL ADDRESS 0 0 La o * NET LOT ACREAGE EXCLUDES 85 ROAD RIGHT OF WAY ONLY S38I S31 NOTE: NO SEARCH HAS BEEN MADE FOR EASEMENT'S EFFECTING THIS PROPERTY AND THIS SURVEY DOES NOT PURPORT TO SHOW ALL APPURTENANT EASEMENTS.