E4. Bloomstone Final PlatPI.ANNIKG FOR THE FUTURE
REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Senior Planner
Planning epartment
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.katispell.com/planning
SUBJECT: Final Plat request for Bloomstone, Phase 1-A West
MEETING DATE: April 6, 2015
BACKGROUND: Kalispell National Investment Company, LLC submitted a request for final plat approval of
the Bloomstone Phase 1-A West, a 25-lot single-family and 1-lot multi -family subdivision for a total of 26 lots.
The 16.35 acre site is located in the Southwest % of Section 36, Township 29 North, Range 22 West, P.M.M.,
Flathead County, Montana. The property is located west of the Kidsports complex on the north side of Four Mile
Drive. The subdivision is the first phase of a residential development that was preliminarily approved by the City
Council in May 2008.
The Kalispell City Council approved the preliminary plat with 26 conditions at their meeting on May 5, 2008, by
Resolution No. 5275. The original approval was good for a period of three years. A one-year extension was
granted in February 2011, a second one-year extension was granted in March 2012, and a final two-year
extension was granted in March 2013, which established a final plat submittal deadline of May 5, 2015. All 26
conditions of the preliminary plat have been adequately met or otherwise adequately addressed.
The developer has submitted a subdivision improvement agreement (SIA). The SIA included with the final
plat application will cover the engineer's estimate of costs to construct the remaining improvements for
Bloomstone Phase 1-A West Subdivision. The cost to complete these items is $1,130,605.45. The escrow
agreement submitted with the final plat application addresses 125% of the estimated cost of remaining
improvements. The estimated completion date for the remaining items listed in the SIA is April 20, 2016.
RECOMMENDATION: It is recommended that the City Council approve the final plat for Bloomstone,
Phase 1-A West and accept the Subdivision Improvements Agreement.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: Deny the request.
Respectfully submitted,
Jarod Nygren
Senior Planner
Report compiled: April 2, 2015
ATTACHMENTS: Final plat compliance with conditions letter and associated attachments.
c: Aimee Brunckhorst, Kalispell City Clerk
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
April 1, 2015
Doug Russell, City Manager
City of Kalispell
201 1" Ave E
Kalispell, MT 59901
Re: Final Plat request for Bloomstone, Phase 1-A West
Dear Doug:
Kalispell National Investment Company, LLC submitted a request for final plat approval of the
Bloomstone Phase 1-A West, a 25-lot single-family and 1-lot multi -family subdivision for a total of 26
lots. The 16.35 acre site is located in the Southwest % of Section 36, Township 29 North, Range 22
West, P.M.M., Flathead County, Montana. The property is located west of the Kidsports complex on the
north side of Four Mile Drive. The subdivision is the first phase of a residential development that was
preliminarily approved by the City Council in May 2008. Bloomstone is located within Section 36 and as
such was part of the original Spring Prairie Planned Unit Development.
The City Council approved the preliminary plat with 26 conditions at their meeting on May 5, 2008, by
Resolution No. 5275. The original approval was good for a period of three years. A one-year extension
was granted in February 2011, a second one-year extension was granted in March 2012, and a final two-
year extension was granted in March 2013, which established a final plat submittal deadline of May 5,
2015.
All of the conditions have been met or adequately addressed. The following report summarizes the
applicant's compliance with the conditions of approval contained within Resolution No. 5275.
COMPLIANCE WITH CONDITIONS OF APPROVAL
General Conditions:
1. All conditions set forth in the Spring Prairie Planned Unit Development Agreement shall be
followed.
Staff Response: This condition has been met. Bloomstone, Phase 1-A West follows all
conditions as set forth in the Spring Prairie Planned Unit Development Agreement.
2. That the development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional conditions
associated with the preliminary plat as approved by the city council.
Staff Response: This condition has been met. Minor changes were made to the plans; however,
the Site Review Committee reviewed the changes and they are in substantial compliance with
the original approval. The Site Review Committee issued a letter clearing the project to move
forward with the proposed changes on June 24, 2014. The letter is attached hereto for reference.
3. Street lighting shall be located within the subdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties.
Staff Response: This condition is met. Street lighting is addressed in the attached subdivision
improvement agreement. In addition, street lighting for the development will have to comply
with the city outdoor lighting standards as required by Chapter 27.26 of the Kalispell Zoning
Ordinance.
4. A geotechnical report shall be provided to the Public Works Department and Building
Department for review concerning ground water levels and to address the appropriateness of
crawl spaces and basements.
Staff Response: This condition has been met. A preliminary geotechnical report has been
provided and will be reviewed by both Public Works and the Building Department prior to
building permit issuance. Public Works has also required a note be placed on the final plat
stating "engineering recommendations such as foundation types, footing pressure, and the 100
year post developed high water elevation" to address geological concerns.
5. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction and Montana
Public Works Standards with minor deviations as permitted in the PUD; the design shall be
certified in writing by a professional engineer licensed in the State of Montana. All design
work shall be reviewed and approved in writing by the Kalispell Public Works Department
prior to construction. This infrastructure shall include but not be limited to streets, street
lighting, street signage, curb, gutter, boulevard and sidewalks.
Staff Response: This condition has been met. Public Works has issued a letter approving the
revised construction drawings on February 13, 2015. The letter is attached hereto for reference.
The developer has also entered into a subdivision improvement agreement with the City of
Kalispell that can be used by the city as collateral to assure all infrastructure (streets, street
lighting, signage, curb, gutter, boulevards and sidewalks in this case) required, is installed to
city standards for design and construction.
6. Water and sewer main extensions shall be designed and constructed in accordance with the City
of Kalispell's Standards for Design and Construction and Montana Public Works Standards.
The water and sewer main extension plans shall be reviewed and approved by the Kalispell
Public Works Department. Prior to final plat, a certification shall be submitted to the Public
Works Department stating that the water and sewer mains have been built and tested as
designed and approved. Note: The water line extension from Reserve Loop shall be looped
with the water line within Four Mile Drive. Location and sizing of the water line extension
shall be reviewed and approved by the Public Works Department.
Staff Response: This condition has been met. Public Works has issued a letter approving the
revised construction drawings on February 13, 2015. The letter is attached hereto for reference.
In addition, the Montana Department of Environmental Quality issued a conditional approval
of the water and sanitary infrastructure. Their approval letter dated February 23, 2015, is also
attached hereto for reference. The developer has also entered into a subdivision improvement
agreement with the City of Kalispell that can be used by the city as collateral to assure all
infrastructure (water and sewer main extensions in this case) required, is installed to city
standards for design and construction.
7. The developer shall submit to the Kalispell Public Works Department for review and approval
a storm water drainage report and an engineered drainage plan that meets the requirements of
the current City standards for design and construction. Prior to final plat, a certification shall be
submitted to the Public Works Department stating that the drainage plan for the subdivision has
been installed as designed and approved. Note: An off -site downstream analysis shall
accompany the drainage report. This analysis will need to identify if the new volume release
from the development will impact the downstream adjacent properties, conveyance channels,
and water bodies. This downstream analysis will need to look at the 2, 10, and 100 year flows.
Staff Response: This condition has been met. Public Works has issued a letter approving the
revised construction drawings on February 13, 2015. The letter is attached hereto for reference.
In addition, the developer has entered into a subdivision improvement agreement with the City
of Kalispell that can be used by the city as collateral to assure all infrastructure (drainage in this
case) required, is installed to city standards for design and construction.
8. The developer shall submit to the Kalispell Public Works Department prior to construction, a
city storm water management plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for Storm
Water Discharge Associated with Construction Activities.
Staff Response: This condition has been met. Public Works has issued a letter approving the
revised construction drawings on February 13, 2015. The letter is attached hereto for reference.
In addition, the developer has entered into a subdivision improvement agreement with the City
of Kalispell that can be used by the city as collateral to assure all infrastructure (storm water
management in this case) required, is installed to city standards for design and construction. In
addition, a storm water management plan will have to be submitted and reviewed by Public
Works and Montana Department of Environmental Quality, prior to any earth moving activities
or building permits issued.
9. Where any public infrastructure has not been completed and accepted by the City of Kalispell a
subdivision improvement agreement and a proper bond for unfinished work as provided for in
appendix E of the Kalispell Subdivision Regulations shall be provided to address the unfinished
work.
Staff Response: The developer has entered into a subdivision improvement agreement with the
City of Kalispell that can be used by the city as collateral to assure all infrastructure required, is
installed to city standards for design and construction. The subdivision improvement
agreement, which encompasses a detailed cost of infrastructure improvements for Phase 1-A
West, is attached hereto for reference.
10. A 60-foot road and utility right-of-way shall be extended from Paintbrush Court and Mariposa
Court in phase IA to the north property boundary of the subdivision.
Staff Response: Paintbrush Court and Mariposa Court are not part of the amended Phase 1-A
West that is being approved at this time. Accordingly, this condition is not applicable and will
be met at a future phase of the development.
11. A combination of landscaping and curbing shall be placed at the intersection of the alley
serving the townhouse lots in phase 1B and Treeline Road to prevent non -emergency vehicle
traffic from entering the alley from Treeline Road. The location and type of landscaping and
curbing shall be reviewed and approved by the Public Works Department and Fire Department.
Staff Response: The portion of the development mentioned above is not part of the amended
Phase 1-A West that is being approved at this time. Accordingly, this condition is not
applicable and will be met at a future phase of the development.
12. The following note shall be placed on the final plat: "Property owner(s) shall waive their right
to protest the creation of a special improvement district for road upgrades in the area to City
standards which are impacted by this subdivision."
Staff Response: This condition of the approval is no longer valid due to Section 76-3-608(7)
M.C.A.
13. A noise study shall be completed prior to the final plat approval of phase 1-A. The noise study
shall show how a noise level of 60 dBA at the property boundary for the Z-lots (lots 9-18) and
lot 107 can be achieved. The proposed mitigation measures contained in the noise study shall
be reviewed and approved by the city staff and implemented prior to the final plat of phase IA.
Note: This condition may result in the loss of one or more of the proposed multi -family
buildings or require submission to the city for an amended PUD site plan.
Staff Response: This condition has been met. Big Sky Acoustics has completed a noise study
and it shows that the maximum noise level of 60 dBA can be met if the sound wall is modified
as shown in Figure 2 of the report. The report is attached hereto for reference. In addition, the
developer has entered into a subdivision improvement agreement with the City of Kalispell that
can be used by the city as collateral to assure all infrastructure (sound wall/berm in this case)
required, is installed to city standards for design and construction.
14. A letter from the Montana Department of Transportation (MDT) shall be provided stating that
the bypass right-of-way shown on the final plat is adequate for the construction of the future
highway bypass. Note: The location of the highway bypass right-of-way may affect the
western boundary line of the proposed subdivision, which may in turn affect the number of
proposed lots or condominium units.
Staff Response: This condition has been met. MDT issued a letter on December 23, 2014,
serving as notification that the necessary right-of-way has been required from the Bloomstone
Development. The letter is attached hereto for reference.
15. The developer shall obtain permission to construct and maintain the earth berm located within
the future right-of-way area on the west side of phase IA. The earth berm shall be constructed
to accommodate a future bike trail and connections to adjoining streets or trails within phase
IA.
Staff Response: This condition is not applicable. MDT has indicated that they do not desire an
earth berm within their right-of-way and that they will construct the bike trail.
16. A temporary turn around meeting International Fire Code standards shall be installed at the
southern terminus of Foxglove Drive.
Staff Response: This condition is not applicable. Foxglove Drive will be constructed at a
future phase.
17. The following requirements shall be met per the Kalispell Fire Department and so certified in
writing by the Fire Department:
a) Water mains designed to provide required fire flows shall be installed per City
specifications at approved locations. Fire flows shall be in accordance with
International Fire Code, Appendix B.
b) Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c) Fire Department access shall be provided in accordance with International Fire Code
Chapter 5.
d) Street naming shall be approved by the Fire Department.
e) Addressing shall comply with the International Fire Code and Kalispell Fire
Department Standard Operating Guidelines.
fl Required fire flows shall be verified and approved by the Kalispell Fire Department
prior to combustible construction.
Staff Response: This condition has been met. The Fire Department issued a letter indicating
the hydrant layout and flow rates acceptable on February 18, 2015. The letter is attached hereto
for reference. In addition, all other applicable fire codes will be met prior to building permit
issuance.
18. A letter shall be obtained from the Parks and Recreation Department approving a landscape
plan for the placement of trees and landscaping materials within the landscape boulevards of
the streets serving the subdivision. The approved landscape plan shall be implemented or a
cash in lieu payment for installation of the street trees and groundcover provided to the
Kalispell Parks and Recreation Department. Note: Rocks in the landscape boulevard are
prohibited.
Staff Response: This condition has been met. Parks and Recreation issued a letter on February
27, 2015, approving the landscape plan, boulevard and park dedication for this phase. The letter
is attached hereto for reference.
19. The approved parks improvement plan for the two tot lots and health and fitness trail (if
applicable), open space landscaping and irrigation plan, and bike/pedestrian plan shall be
completed prior to the final plat or bonded for. Note: The health and fitness trail shall be
located with an open space area approximately 20 feet wide.
Staff Response: This condition has been met. Parks and Recreation issued a letter on February
27, 2015, approving the landscape plan, boulevard and park dedication for this phase. The letter
is attached hereto for reference.
20. The roads within the subdivision shall be named and signed in accordance with the policies of
the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and
be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained
from the Kalispell Public Works Department stating the naming and addressing on the final plat
have been reviewed and approved.
Staff Response: This condition has been met. Public Works issued a letter on February 27,
2015, approving the road naming and addressing. The letter is attached hereto for reference.
21. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for City water and sewer shall be provided to allow for the logical extension of utilities
from this subdivision to adjoining properties. A letter from the Kalispell Public Works
Department shall be obtained stating that the required easements are being shown on the final plat.
Staff Response: This condition has been met. Public Works issued a letter on February 27,
2015, acknowledging that .the proper easements for utilities are shown on the final plat for
Phase 1-A. The letter is attached hereto for reference.
22. Prior to filing the final plat a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The
mail delivery site shall be designed in accordance with section 3.22 of the Kalispell
Subdivision Regulations and installed or bonded for prior to final plat. In addition, the mail
delivery site and improvements shall be included in the preliminary and final engineering plans
to be reviewed by the Public Works Department. The mail delivery site shall not impact a
sidewalk or proposed boulevard area.
Staff Response: This condition has been met. Public Works issued a letter on February 27,
2015, approving the road naming and addressing. In addition, the United States Postal Office
issued a letter approving the Cluster Box Unit for mail delivery of this phase on January 23,
2015. The letters are attached hereto for reference.
23. The following statement shall appear on the final plat: "The undersigned hereby grants unto each
and every person, firm or corporation, whether public or private, providing or offering to provide
telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the
right to the joint use of an easement for the construction, maintenance, repair, and removal of their
lines and other facilities, in, over, under, and across each area designated on this plat as "Utility
Easement" to have and to hold forever."
Developer's Signature
(Kalispell Subdivision Regulations, Section 3.18(E))
Staff Response: This condition has been met. The statement and signature block are noted on
the final plat.
24. The developer shall obtain the necessary permits from the Bonneville Power Authority (BPA)
for construction of the storm water detention pond and parking lot as shown on the conceptual
PUD site plan.
Staff Response: This condition has been met. A memorandum of Land Use Agreement (LUA)
has been notarized and recorded between BPA and the developer. The recorded LUA is
attached hereto for reference.
25. All utilities shall be installed underground.
Staff Response: This condition has been met. The final plat has a note on it stating that all
utilities shall be installed underground.
26. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately
after development.
Staff Response: This condition has been met. The final plat has a note on it stating that all
areas disturbed during development shall be re -vegetated with a weed -free mix immediately
after development.
The final plat is in substantial compliance with the preliminary plat which was approved by the
Kalispell City Council on May 5, 2008.
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 and the R-
4/PUD zoning designation for the property, which governs the dimensional requirements of the lots
within the subdivision as well as the uses.
It can be found that the conditions of preliminary plat approval have been met or are otherwise
adequately addressed. It is recommended that the Kalispell City Council approve the final plat for
Bloomstone Phase 1-A West. Please schedule this matter for the regular city council meeting on April
6, 2015.
Sinare
Jarod Nygren
Senior Planner
Attachments: - 1 copy of final plat
- Applicant responses and final plat application dated 2/2/2015
- First American Title Report #5010500-514468-FT dated 2/4/2015
- Articles of incorporation, and by-laws for Homeowner's Association
- Subdivision Improvement Agreement
- Montana Department of Environmental Quality approval letter dated 2/23/2015
- Flathead County Treasurer certification dated 2/23/2015.
- Letter from Site Plan Review Committee dated 6/24/2014
- Letter from Kalispell Public Works Department (engineering approval) dated
2/13/2015
- Letter from Kalispell Public Works Department (addressing review) dated
2/27/2015
- Letter from Kalispell Public Works Department (utility easement review) dated
2/27/2015
- Letter from MDT dated 12/23/2014
- Letter from the Kalispell Fire Department dated 2/18/2015
- Letter from the Kalispell Parks and Recreation Department dated 2/27/2015
- Letter from US Postal Service dated 2/23/2015
- Letter from A2Z Engineering dated 3/2/2015
- Geotechnical Report dated 8/9/2007
- Bonneville Power Administration Land Use Agreement dated 9/10/2008
- Noise study dated 3/3/2015
c w/ Att: Aimee Brunckhorst, Kalispell City Clerk
c w/o Att: Kalispell National Investments Company, LLC
Attn: Jim Davis
124 Swan Ridge Court
Kalispell, MT 59901
Kalispell National Investment Company, LLC
124 Swan Ridge Court
Kalispell, MT 59901
(406) 212-SI33
February 28, 2015
City of Kalispell Planning Department
201 1st Avenue East
Kalispell, MT 59901
Re: Bloomstone, Phase 1-A West lying in the Southwest 1/4 of Section 36, T29N R22W
Enclosed is the Final Plat application for Bloomstone, Phase 1-A West. Preliminary plat approval was granted on
April 21, 2008 and thereafter extended until April 21, 2015. The conditions of approval have been met as follows:
1. All conditions set forth in the Spring Prairie Planned Unit Development Agreement shall be followed.
Bloomstone, Phase 1-A West follows all conditions as set forth in the Spring Prairie Planned Unit
Development Agreement.
2. That the development of the site shall be in substantial compliance with the application submitted, the
site plan, materials and other specifications as well as any additional conditions associated with the
preliminary plat as approved by the city council. All changes to the Bloomstone PUD have been
approved by the City of Kalispell; refer to enclosed Memorandum from the Planning Department
dated June 24, 2014.
3. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude
unnecessarily onto adjoining properties. Enclosed please find the Subdivision Improvements
Agreement (and collateral) and the City of Kalispell Public Works Department Engineering
Approval letter.
4. A geotechnical report shall be provided to the Public Works Department and Building Department for
review concerning ground water levels and to address the appropriateness of crawl spaces and
basements. Enclosed please find the Geotechnical Report. In response to said report, special
requirements for residential structures on Lots 9-16 have been noted on the face of the plat.
S. New infrastructure required to serve the subdivision shall be designed and constructed in accordance
with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards
with minor deviations as permitted in the PUD; the design shall be certified in writing by a professional
engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing
by the Kalispell Public Works Department prior to construction. This infrastructure shall include but
not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. Enclosed
please find the Subdivision Improvements Agreement (and collateral) and the City of Kalispell
Public Works Department Engineering Approval letter.
6. Water and sewer main extensions shall be designed and constructed in accordance with the City of
Kalispell's Standards for Design and Construction and Montana Public Works Standards. The water and
sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department.
Prior to final plat, a certification shall be submitted to the Public Works Department stating that the
water and sewer mains have been built and tested as designed and approved. Enclosed please find
the Subdivision Improvements Agreement (and collateral) and the City of Kalispell Public Works
Department Engineering Approval letter.
BLOOMSTONE, PHASE 1-A WEST Page 1 of 4
Note: The water line extension from Reserve Loop shall be looped with the water line within Four Mile
Drive. Location and sizing of the water line extension shall be reviewed and approved by the Public
Works Department. Enclosed please find the Subdivision Improvements Agreement (and
collateral) and the City of Kalispell Public Works Department Engineering Approval letter.
The developer shall submit to the Kalispell Public Works Department for review and approval a storm
water drainage report and an engineered drainage plan that meets the requirements of the current City
standards for design and construction. Prior to final plat, a certification shall be submitted to the Public
Works Department stating that the drainage plan for the subdivision has been installed as designed and
approved. Enclosed please find the Subdivision Improvements Agreement (and collateral) and
the City of Kalispell Public Works Department Engineering Approval letter.
Note: An off -site downstream analysis shall accompany the drainage report. This analysis will need to
identify if the new volume release from the development will impact the downstream adjacent
properties, conveyance channels, and water bodies. This downstream analysis will need to look at the
2, 10, and 100 year flows. Enclosed please find the City of Kalispell Public Works Department
Engineering Approval letter.
8. The developer shall submit to the Kalispell Public Works Department prior to construction, a city storm
water management plan for review and approval and a copy of all documents submitted to Montana
Department of Environmental Quality for the General Permit for Storm Water Discharge Associated
with Construction Activities. This condition will be met prior to construction; contractors will
comply with all permitting processess and procedures.
Where any public infrastructure has not been completed and accepted by the City of Kalispell a
subdivision improvement agreement and a proper bond for unfinished work as provided for in
appendix E of the Kalispell Subdivision Regulations shall be provided to address the unfinished work.
Enclosed please find the Subdivision Improvements Agreement (and collateral).
10. A 60-foot road and utility right of way shall be extended from Paintbrush Court and Mariposa Court in
Phase 1A to the north property boundary of the subdivision. This condition will be met during a
subsequent Phase.
11. A combination of landscaping and curbing shall be placed at the intersection of the alley serving the
townhouse lots in phase 1B and Treeline Road to prevent non emergency vehicle traffic from entering
the alley from Treeline Road. The location and type of landscaping and curbing shall be reviewed and
approved by the Public Works Department and Fire Department. This condition will be met during a
subsequent Phase.
12. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to
protest the creation of a special improvement district for road upgrades in the area to City standards
which are impacted by this subdivision." Noted on plat.
13. A noise study shall be completed prior to the final plat approval of phase 1A. The noise study shall
shown how a noise level of 60 dBA at the property boundary for the Z-lots (lots 9-18) and lot 107 can
be achieved. The proposed mitigation measures contained in the noise study shall be reviewed and
approved by the city staff and implemented prior to the final plat of phase 1A. Note: This condition
may result in the loss of one or more of the proposed multi -family buildings or require submission to
the city for an amended PUD site plan. Refer to enclosed Noise Study prepared by Big Sky
Acoustics. Implementation is addressed by the enclosed Subdivision Improvements Agreement
(and collateral).
14. A letter from the Montana Department of Transportation shall be provided stating that the bypass
right-of-way shown on the final plat is adequate for the construction of the future highway bypass.
Note: The location of the highway bypass right-of-way may affect the western boundary line of the
BLOOMSTONE, PHASE 1-A WEST Page 2 of 4
proposed subdivision, which may in turn affect the number of proposed lots or condominium units.
Refer to the enclosed letter from MDT.
15. The developer shall obtain permission to construct and maintain the earth berm located within the
future right-of-way area on the west side of phase 1A. The earth berm shall be constructed to
accommodate a future bike trail connections to adjoining streets or trails within phase 1-A. Not
applicable - MDT has indicated that they do not desire an earth berm within their right-of-way
and that they will construct the bike trail.
16. A temporary turn around meeting International Fire Code standards shall be installed at the southern
terminus of Foxglove Drive. This condition will be met during a subsequent Phase.
17. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by
the Fire Department:
a. Water mains designed to provide required fire flows shall be installed per City specifications at
approved locations. Fire flows shall be in accordance with International Fire Code, Appendix B.*
b. Fire hydrants shall be provided per City specifications at locations approved by this department,
prior to combustible construction.*
c. Fire Department access shall be provided in accordance with International Fire Code Chapter 5.*
d. Street naming shall be approved by the Fire Department.*
e. Addressing shall comply with the International Fire Code and Kalispell Fire Department Standard
Operating Guidelines.*
f. Required fire flows shall be verified and approved by the Kalispell Fire Department Prior to
combustible construction.*
*Plans complying with said Standards, prepared by A2Z Engineering have been reviewed
and approved by the Kalispell Public Works Department (Engineering Approval Letter
attached). Enclosed please find the Subdivision Improvements Agreement (and collateral).
Refer to enclosed letter from Dave Dedman, Kalispell Fire Department.
18. A letter shall be obtained from the Parks and Recreation Department approving a landscape plan for the
placement of trees and landscaping materials within the landscape boulevards of the streets serving the
subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for
installation of the street trees and groundcover provided to the Kalispell Parks and Recreation
Department. Note: Rocks in landscape boulevard are prohibited. Refer to the enclosed letter from
the City of Kalispell Parks and Recreation Department approving the landscape plan; Enclosed
please find the Subdivision Improvements Agreement (and collateral).
19. The approved parks improvement plan for the two tot lots and health and fitness trail (if applicable),
open space landscaping and irrigation plan, and bike/pedestrian plan shall be completed prior to the
final plat or bonded for. Note: The health and fitness trail shall be located with an open space area
approximately 20 feet wide. This condition will be met during a subsequent Phase.
20. The roads within the subdivision shall be named and signed in accordance with the policies of the
Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to
review and approval of the Kalispell Fire Department. A letter shall be obtained from the Kalispell
Public Works Department stating the naming and addressing on the final plat have been reviewed and
approved. Refer to enclosed correspondence from the Kalispell Public Works Department
approving the naming and addressing as shown.
21. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements
for City water and sewer shall be provided to allow for the logical extension of utilities from this
subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be
obtained stating that the required easements are being shown on the final plat. Refer to enclosed
correspondence from the Kalispell Public Works Department approving the easements as
shown.
BLOOMSTONE, PHASE 1-A WEST Page 3 of 4
22. Prior to filing the final plat a letter from the US Postal Service shall be included stating the Service has
reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall
be designed in accordance with section 3.22 of the Kalispell Subdivision Regulations and installed or
bonded for prior to final plat. In addition, the mail delivery site and improvements shall be included in
the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail
delivery site shall not impact a sidewalk or proposed boulevard area. Refer to enclosed
correspondence from the US Postal Service approving the design and location of the mail
delivery site.
23. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and
every person, firm or corporation, whether public or private, providing or offering to provide
telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right
to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and
other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to
have and hold forever." [Developer's Signature]. Noted on plat.
24. The developer shall obtain the necessary permits from the Bonneville Power Authority (BPA) for
construction of the stormwater detention pond and parking lot as shown on the conceptual PUD site
plan. Refer to the enclosed 'Notice of Land Use' document which satisfies this condition.
25. All utilities shall be installed underground. Noted on plat.
26. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after
development. Noted on plat.
Also submitted herewith:
• Final plat application, application fee, and SIA fee: $4,225
• Final plat — full size paper copy
• Final plat —11x17 copy
• Platting Certificate prepared by Insured Titles and dated February 4, 2015
• Copies of management plan, articles of incorporation, and by-laws for any property owners' association
• MDEQApproval
• Subdivision Improvements Agreement (and collateral)
• Certification from the County Treasurer's Office stating that all real property taxes and special assessments
assessed and levied on the land to be subdivided have been paid
• Final plat (Mylars, Electronic Copy, and Compact disc with AutoCAD f►le) - to ensure that the Final Plat meets
all requirements, we propose that after the Planning Department has checked the Plat and notifies us either of
its sufficiency or of any additions or changes we will immediately prepare the recording set, obtain all
signatures and submit.
If you have any questions please do not hesitate to call.
Sincer
Jim Davis
Kalispell National Investments
BLOOMSTONE, PHASE 1-A WEST Page 4 of 4
lairk "43_0"Wffl
Project /Subdivision Name: Bloomstone, Phase 1-A West
Contact Person:
Name: Jim Davis, Manager
Address: 124 Swan Ridge Court
— Kalispell, MT 59901
Phone No.: (4061212-5133
Planning Department
2010 Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.coMlplanning
ro77117 "iji
Kalispell National Investment Co., LLC
124 Swan Ridge Court
Kalispell, MT 59901
Date of Preliminary Plat Approval: April 21,2008; Extension to Approval per Res. No. 5611 until April 21,2015
Type of Subdivision: Residential Industrial
Total Number of Lots in Subdivision -2rAo
Land in Project (acres) 16.35
Parkland (acres) 0,945 Cash -in -Lieu
No. of Lots by Type:
Commercial PUD X Other -
Single Family 25 Townhouse Mobile Home Park
Exempt
Duplex Apartment Recreational Vehicle Park
Commercial Industrial - - - . Planned Unit Development
Condominium Multi -Family 2 (96 unitsl Other 2 - open Space
Legal Description of the Property Portion of Parcel 3, C. of N. No. 17217, excepting Doc. No. 201000009740, lying
in Section 36, Township 29 North, Range 22 West
FILING FEE ATTACHED $ To be recorded by developer
Minor Subdivision with approved preliminary plat
Major Subdivision with approved preliminary plat
Subdivisions with Waiver of Preliminary Plat
Subdivision Improvements Agreement
$400 + $125/lot
$800 + $125/lot
$800 + $125/lot
$50
Single family lots: 25*125=3,125
Multi -family units: 29*125= 190tg5
Flat fee: 800
SIA fee: so
Cash -in -Lieu: 0
Total Fees. 44,25m
-4 q, leo , 06
Attached Not Applicable MUST CHECK ONE)
— X Health Department Certification (Original)
— X Title Report (Original, not more than 90 days old)
— X Tax Certification (Property taxes must be paid)
X Consent(s) to Plat (Originals and notarized)
— X Subdivision Improvements Agreement (Attach collateral)
X Parkland Cash -in -Lieu (Check attached)
— X Maintenance Agreement
X* Plats: 2 mylars 1 1 lX17 Copy
I full size copy I Electronic Copy
*Mylars, additional paper copies, & electronic copies of finalized plat to be submitted after review by Planning.
**The plat must be signed by all owners of record, the surveyor and the examining land surveyor.
Attach a letter, which lists each condition of preliminary plat approval, and individually state how
each condition has specifically been met. In cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, "all improvements are in place" are not
acceptable.
A complete final plat application must be submitted no less than 60 days prior to expiration date
of the preliminary plat.
When all application materials are submitted to the Kalispell Planning Department, and the staff
finds the application is complete, the staff will submit a report to the governing body. The
governing body must act within 30 days of receipt of the revised preliminary plat application and
staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing
body for approval. Changes to the approved preliminary plat may necessitate reconsideration by
the planning board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete information will not be accepted and that false information will delay the application
and may invalidate any approval- The signing of this application signifies approval for Kalispell
Planning staff to be present on the property for routine monitoring and inspection during the
approval and development process.
**NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision
final plat applications be accompanied with a digital copy.
ow,7�—er(s) Signature Date
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
S. A tie to either an existing subdivision corner or a corner of the public land survey system
0
L � I
Issued by
Insured Titles
44 4th Street West/P, O. Box 188, Kalispell, MT 59901
Title Officer.• Andrea Reum
Phone: (406)755-5028
FAX,- (406)755-3299
Form 5010500 (7-1-14) Page 1 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 (7-1-14)
Guarantee Face Page -Exclusions, Conditions and Stipulations
Guarantee Face Page
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1 �`ri ISSUED BY
First American Title Insurance Company
GIFARANTEE NUMBER
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Form 5010500 (7-1-14) Page 2 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurances are provided in
Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other
matters against the title, whether or not shown by the
public records.
(b) (1) Taxes or assessments of any taxing authority that
levies taxes or assessments on real property; or, (2)
Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether
or not the matters excluded under (1) or (2) are shown
by the records of the taxing authority or by the public
records.
(c) (1) Unpatented mining claims; (2) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (3) water rights, claims or title to water, whether
or not the matters excluded under (1), (2) or (3) are
shown by the public records.
2. Notwithstanding any specific assurances which are provided in
Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other
matters affecting the title to any property beyond the
lines of the land expressly described in the description set
forth in Schedule (A), (C) or in Part 2 of this Guarantee,
or title to streets, roads, avenues, lanes, ways or
waterways to which such land abuts, or the right to
maintain therein vaults, tunnels, ramps or any structure
or improvements; or any rights or easements therein,
unless such property, rights or easements are expressly
and specifically set forth in said description.
(b) Defects, liens, encumbrances, adverse claims or other
matters, whether or not shown by the public records; (1)
which are created, suffered, assumed or agreed to by
one or more of the Assureds; (2) which result in no loss
to the Assured; or (3) which do not result in the invalidity
or potential invalidity of any judicial or non -judicial
proceeding which is within the scope and purpose of the
assurances provided.
(c) The identity of any party shown or referred to in
Schedule A.
(d) The validity, legal effect or priority of any matter shown
or referred to in this Guarantee
GUARANTEE CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the
Assured in this Guarantee, or on a supplemental writing
executed by the Company.
(b) "land": the land described or referred to in Schedule
(A)(C) or in Part 2, and improvements affixed thereto
which by law constitute real property. The term "land"
does not include any property beyond the lines of the
area described or referred to in Schedule (A)(C) or in Part
2, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or
waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(d) "public records": records established under state
statutes at Date of Guarantee for the purpose of
imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
(e) "date": the effective date.
2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED
CLAIMANT.
An Assured shall notify the Company promptly in writing in
case knowledge shall come to an Assured hereunder of any
claim of title or interest which is adverse to the title to the
estate or interest, as stated herein, and which might cause
loss or damage for which the Company may be liable by virtue
of this Guarantee. If prompt notice shall not be given to the
Company, then all liability of the Company shall terminate
with regard to the matter or matters for which prompt notice
is required; provided, however, that failure to notify the
Company shall in no case prejudice the rights of any Assured
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
Form 5010500 (7-1-14) Page 3 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
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.
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.
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 prosection 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
Form 5010500 (7-1-14) Page 4 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
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 First American Title
Insurance Company, Attn: Claims National Intake
Center, 1 First American Way, Santa Ana, California
92707. Phone:888-632-1642.
Form 5010500 (7-1-14) Page 5 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations
� W !
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Subdivision Guarantee
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
5010500-514468-FT
Subdivision or Proposed Subdivision: Bloomstone, Phase 1-A West
Order No.: 514468-FT
Reference No.: 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:
Big Sky Surveying
FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION
REGULATIONS,
in a sum not exceeding $5,000.00.
THAT according to those public records which, under the recording laws of the State of Montana, impart
constructive notice of matters affecting the title to the lands described on the attached legal
description: Legal Description attached hereto as Exhibit A, and by this referenced
incorporated herein.
(A) Parties having record title interest in said lands whose signatures are necessary under the
requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation
of Plats and offering for dedication any streets, roads, avenues, and other easements offered for
dedication by said Plat are:
Kalispell National Investment Company, L.L.C., a Montana limited liability company
(B) Parties holding liens or encumbrances on the title to said lands are:
Form 5010500 (7-1-14) Page 6 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations
(C) Easements, claims of easements and restriction agreements of record are;
County road rights -of -way not recorded and indexed as a conveyance of record in the office of
the Clerk and Recorder pursuant 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.
2015 taxes and special assessments are a lien; amounts are 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
2014 $1472.99 PAID $1472.98 UNPAID 0011734
3. Resolution by the State Highway Commission of the State of Montana for Designation of Limited
Access Highway, recorded December 6, 1989, as Doc. No. 1989-340-09150.
B.P.A. Transmission Line Easement as shown on available county assessor maps.
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.
Amended Resolution Designation of Controlled Access Highway and Facility, recorded October 8,
2004, as Doc. No. 2004-282-08180.
Amended Resolution Designation of Controlled Access Highway and Facility, recorded February
11, 2010, as Doc. No. 2010-000-03450.
6. 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 January 15, 2002, as Doc. No.
2002-015-11150.
7. 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.
8. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims
which may exist by reason thereof, disclosed by Record of Survey Nos. 16926, 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 restrictions violate 42 USC 3604(c).
Form 5010500 (7-1-14) Page 7 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations
9. Reservations contained in Deed.
In favor of: State of Montana
Recorded: July 19, 2006, as Doc. No. 2006-200-15460
As follows: the right to enter upon said land, to prospect for, develop, mine and remove such
mineral deposits therefrom
10. Ordinance No. 1635 authorizing and adopting an amendment to the Spring Prairie Planned Unit
Development Agreement in association with the construction and development of Bloomstone
Subdivision, recorded July 14, 2008, as Doc. No. 2008-000-19710.
11. Notice of Land Use Agreement upon the terms, conditions and provisions contained therein:
Parties: Bonneville Power Administration and Kalispell National Investment Company, LLC
Recorded: September 10, 2008, as Doc. No. 2008-000-25338
12. Ordinance No. 1657 authorizing and adopting an amendment to the Spring Prairie Planned Unit
Development Agreement in association with the construction and development of the emergency
operation center, recorded April 21, 2009, as Doc. No. 2009-000-11170.
13. Amendment to Latecomers Agreement for Reimbursement for Municipal Water and Sewer
System Extensions between Owl Corporation AND the City of Kalispell, recorded May 18, 2011, as
Doc. No. 2011-000-10329.
Memorandum of Understanding recorded August 16, 2011, as Doc. No. 2011-000-16731.
Date of Guarantee: February 04, 2015 at 7:30 A.M.
Insured Titles
Authorized Countersignature
Form 5010500 (7-1-14) Page 8 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations
Ct P
THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 29 NORTH,
RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER QUARTER CORNER OF SECTION 36; THENCE ALONG THE
NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 36
NORTH 89058'06" WEST, A DISTANCE OF 426.50 FEET TO THE POINT OF BEGINNING, SAID
POINT LYING ON A 420.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, HAVING A
RADIAL BEARING OF SOUTH 06013'22" EAST; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83050'46" ALONG
AN ARC LENGTH OF 614.62 FEET; THENCE
SOUTH 00004'08" EAST, A DISTANCE OF 152.23 FEET TO THE BEGINNING OF A 280.00 FOOT
RADIUS CURVE TO THE RIGHT; THENCE
SOUTHWESTERLY ALONG THE CURVE THROUGH A CENTRAL ANGLE OF 58000'30" ALONG AN
ARC LENGTH OF 283.48 FEET, THENCE
SOUTH 57056'22" WEST, A DISTANCE OF 128.37 FEET TO THE BEGINNING OF A 220.00
FOOT RADIUS CURVE TO THE LEFT; THENCE
SOUTHWESTERLY ALONG THE CURVE THROUGH A CENTRAL ANGLE OF 57056'22" ALONG AN
ARC LENGTH OF 222.47 FEET; THENCE
SOUTH, A DISTANCE OF 204.22 FEET; THENCE
WEST, A DISTANCE OF 516.15 FEET TO THE EASTERLY RIGHT OF WAY OF THE KALISPELL
BYPASS NORTH AS DESCRIBED IN DOCUMENT NO. 201000009740; THENCE ALONG SAID
EASTERLY RIGHT OF WAY THROUGH THE FOLLOWING 9 COURSES:
NORTH 03035'40" WEST, A DISTANCE OF 35.06 FEET; THENCE
NORTH 02057'56" EAST, A DISTANCE OF 308.10 FEET TO A POINT ON A 1139.05 FOOT
RADIUS NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIAL BEARING OF
SOUTH 82007'15" EAST; THENCE
NORTHEASTERLY ALONG THE CURVE THROUGH A CENTRAL ANGLE OF 25001'49" ALONG AN
ARC LENGTH OF 497.61 FEET; THENCE
NORTH 53046'10" EAST, A DISTANCE OF 204.36 FEET; THENCE
NORTH 04018'15" EAST, A DISTANCE OF 81.08 FEET; THENCE
NORTH 49008'06" EAST, A DISTANCE OF 115.77 FEET; THENCE
NORTH 62028'12" EAST, A DISTANCE OF 256.60 FEET; THENCE
SOUTH 86051'23" EAST, A DISTANCE OF 248.70 FEET; THENCE
NORTH 56042'17" EAST, A DISTANCE OF 144.02 FEET TO THE NORTH LINE OF THE ABOVE
SAID SOUTHWEST QUARTER; THENCE ALONG SAID NORTH LINE OF THE SOUTHWEST
QUARTER
SOUTH 89058'06" EAST, A DISTANCE OF 193.32 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS
"BLOOMSTONE, PHASE 1-A WEST".
Form 5010500 (7-1-14) Page 9 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations
FirstArmercan
Privacy Information
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 subsidiaries 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 that you provide to us. It does not govern the manner in which we may use information we have obtained
from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines
that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values.
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 an applications, forms and in other communications to us, whether in writing, in person, by telephone or any other
means;
Information about your transactions with us, our affiliated companies, or others; and
Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your
information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We
may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any
internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and
investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies.
Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of
our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information
about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and
oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair
Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal
information.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we
receive on the Internet. In general, you can visit First American or its affiliates Web sites on the World Wide Web without telling us who you are or revealing any
information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the
number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to
develop ideas to improve the content of our site.
There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best
efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to
respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we
will only use it in accordance with the policies outlined above.
Business Relationships
First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high
standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is
an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive.
FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you
with a more meaningful and productive Web site experience.
Fair Information Values
Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance
between consumer benefits and consumer privacy.
Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We
actively support an open public record and emphasize its importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use
and dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to
correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in
identifying the source of the erroneous data so that the consumer can secure the required corrections.
Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy.
We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect
and use information in a responsible manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
Form - ACY 9-1-10 Page 1 of 1 IPrivacy Information (2001-2D10 First American Financial Corporation)
Form 5010500 (7-1-14) Page 10 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations
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OPIERATING AGREEMENT of
KAULISFELL NATIONAL INVESTMENT COMPANY, L. L. C.
SECT ON I
Name, Place of Business, Term, Mcnibers,
1.1 Name. The name of the Limited Liability- Company (hereafter 'Company") is
`K'alispell National Investment Company,,L.L.C."
1.2 Principal Place of Business. The principal place of business of the Company
isinitially 124 Swan Ridge Ct., Kalispell, Montana.
1.3 Term. The Company begins on the date of filing its Articles of Organization
with the Secretary of State, and continues until dissolved by an act specified in Section 10 of
this .:Agreement or specified by the Company's Articles of Orgaiiization.
1.4 Maintaining Company Status. The Company shall file -annual reports with the
Montana Secretary of State, as required by law, as well as all other reports and tax filings
necessary to maintain the Company's status as a Limited Liability Company.
1.5 Adoption of Agreement. The organizing Members, as set forth in the Articles
of Or-
ganization for the Company., have (1) adopted this Operating Agreement, and (2)
approved the initial Members as set forth in Exhibit A.
1.6 Classes of Members. Members can be individuals or legal entities of any land.
Members shall be divided into two classes: Voting Members and Non-vorin,,g, Members.
(a) Voting Members. Only VotingMembers; may vote and they vote
according to their Voting g -Interest.
(b) Voting Interest. Each Voting Member is granted. a number of votes,
equal to the Voting Membees Capital Contribution divided by 10,000. Fractions ofvotesshall
be rounded to the nearest fell vote number (e.Vg. a Capital Contribution OILS101000aatitles the
-
Member to 1 vote; S455 000.00 entitles the Member to 46 votes; $1,744,499.50 entitles the
M-enabcr to 174 votes). Exhdbit A shall' set f6rdh the number of votes grantcd each Voting
Member and the totai rj =.. -ber of- votes iss-r-und to all Votingg Members there -after "Conapanny
Issued Votes").
(c) EfigibleVotes. As used in this document, "Eligible Votes', refers to
all Comr>anvIssued Votes that mavvott ona riven issue. TfanyVnV:ngM.embcri nnt-f-liailile
to vote on a given matter, the Eligible Votes shall be the total, number of Company Issued
\7o= less that Mtmber's Company Issued Votm
(d) Noti-Voting Members. Non-Votingor Members shall be any Members
added to the Company pursuant to Section S. When 1, former Voting Member's ownership
interest passes to a Non -Voting Member, the Former Voting Interest becomes allon-Voting
Interest, unless the new Member is approved as a Voting Member under the provisions of this
Operating Agreement.
Non-votingi g Members shall have all rights and obligations under this,ageement,
except: 1) the right to vote as provided throughout this agreement, and. 2) to have their
interests counted in determining; a quorum under Section .4.
1.7 Membere Ownership.1titcrests. A Berber's Ownership Interese' in the
Company, expressed as a percentage, shall be the ratio of the value of theMember's Capital
Contribution to the value of the Capital Contributions of -all Members, as set forth in Exhibit
A. Members'Ownership Interests shall be recalculated any time there is a change in ownership
interest, and.a, revised Exhibit A specifyinog the change shall be prepared. The value of such
Capital Contributions shall be the monetary value of each contribution (whether money or
property) at the time. -accepted by the Comp
I ally
U on the unanimous vote of all Voting o the terms
,pMembers (and, strictly according t
p I
of the vote), items other than money or property may be considered Capital Contribution.
1.8 New Voting Members. Voting Members shall :include Members listed as
Voting Members in Exhibit A, and any additional Voting Members as may be added under this
provision. New Voting Members maybe admitted only by a vote representing at least seventy-
five per cent (75%) of the EligibleVotes. A new Voting Member shall be adrnitted only if he
or she agrees to and executes the current version ofdaisAgreement. Company Issued Votes
shall be recalculated any time there is a change in Voting Members, and a revised Exhibit A
speci tingg the votes, assigned to each Voting Member shall be prepared upon acceptance of the
new Voting Members Capital Contribution, if applicable.
SECTION 2
Purposes or the Business
iv=nds ro engage m. rdhe busunessOrIta.1 eSta= =-VCJ10D1.-UCnt, Irl Da-ALICUU-11-1
the phased real estate development of property known previously as Glacier Meadows located
in Kalispell, Montana. 71he Voting Members may unanimously agree to engage,
' in an' y other
lawful business.
SECTION 3
Coatributions: to Capital, Assumption of Liabilities, Title to and Use of Property,
and General Liability
3_1 Capital- Each Member shall make a Capital Contribution. The amount ofthe
Capital Contribution of each. Member shall be set forth in Exhibit A.
3.2 Assumption of Liabilities. The Company assumes only the liabilities of the
Members as described in Exhibit A. Neither the Company nor the Members assume any
liabilities not described in Exhibit A.
3.3 Warranty of Members. Each ember represents andwarrants to the Company
and to each other that each Member transferring property as pan or all ofthe Miember's Capital
Contribution is providing good and marketable title to the property, and that the property is
free and clear from all encumbrances at the time oftontribution, except for those encumbrances
relating to those liabiddes specifically described in Exhibit A.
0.4 Additional Contributions. No Member shall be obliagated to make any
additional contributions to the Company, Only by a vote of at least sevenry-five per cent
(75%) of the Eligible Votes may a Member add to his Capital Contribution.
3.5 Changes to Exhibit A. Exhibit A shall be revised from time to time to reflect-
(1) any changes in the naernbership of the Company; (2) any changes in the Members'
Owaership Interests m' the Company, (3) any changes in status from Voting Member to Non -
Voting Member or from Non -Voting Member to VotincrMember; or (4) any changes
I V
associated with Company Issued Votesas defined in Section L8. Any such amended Exhibit
A shall supersede any prior Exhibit A and become part of this Agneement.
3.6 Title to Assets. Tide to all assets of t1he Company will beheldin the name of
the Cornpa-ay. No member has any right to the assets of the Corripany or any ownership
interest in those assets, except indirectly as a result of the Member's uwnership of-a-ri interest
is airv. No Mcmibucr.has anv rie�ht to oartitioii anv assets 01' the k-OrnDamr, No
"Ic U_'Ilup I - I
Member has any tight to receive any specific assets on the winding up of the business of the
k-'onapairm or on any oditr
EaUh.1viembe-Is Owncrsh;_
interest in the Company shall be deemed personal property for all purposes.
3
3.7 Payments of Individual Obligations. The Company's credit and assets shall
be used solely for the benefit of the Company. No asset of the Company shall be transferred
or encumbered for or in pa7ment of any individual obligation of -a Mex ber.
a.8 Limitation of Liability. Except as otherwise expressly provided herein or as
required byMontana law:
(a) No Member, as such, shall be personally liable for the, expenses, liabilities
or obli ' Uations of the Company except to the extent of such Member's capital
contribution to the Company.
(b) No Member, as such, shall be bound by, or be personally liable for, the
liabilities or obligations of -my, other Member.
(c) No Member shall be required to lead any funds to (or provide any
guarantees on behalf of) the Company, without the prior written consent of such Member.
The failure of the Company to observe any formalities or requirements relating to the
exercise of its powers or management of its business or affairs under this .Agreement shall not
be grounds for imposing petsonalliability on the Members for liabilities of the Company.
SECT ON 4
Profits, Losses and Tax Status
4,1 Allocation of Net Profits and Losses. In accordance with generally accepted
accounting principles, the Company's accountant or bookkeeper shall determine Net Profits
or Losses of the Company as of the close of each fiscal year. The Company's accountant or
boold- ceeper shall allocate the Net profits and Losses to each Member in accordance with the
Members Ownership Interests - as of the close of each fiscal year, unless a different method of
allocating, profits and loss is adopted by vote representing at least seventy-five (75%) of the
E--E,-,blc Votes, and the agreement of any Ylemberwho is being allected by the change.
4.2 Tax States. For taxpurposes, the,Cornpany elects to k taxed as irfthle,Company
7-
=3 Nloparulerslh�ip CS. 11"ICIVIC.M.DC-l"S' S"-7 CIO
— Fas -�T-`es �
na.-- intend hereby to form a pannership, The Members do not intend to 'cam one to
another, or partners as to any third party.
To the extent any Member, by word or action, represents to -another person that any
other Member is -a partner or that the Company is a partnership, the Member mak-bag such
wro 6W representation shall be liable to any other Member who incurs personal liability by
119
reason of such wrongful representation.
5.1 Manager. The day to day business operations of the Company- shall be
conducted by, a Manager. At the discretion of and subject to the general supervision of d-le
Members, the Manager shall be responsible for the day to day operations of the Company,
n
, including administxationstaffing accounting, banking, andleggal representation.
� C)� -
The Manager may be a non-member or member, and may be an individual or business
entity. If the Manager is a Member, then such Member shall have the duties and
responsibilities of a Manager when acting as the Manager, as well as the duties and
responsibilities of a. Member.
5.2 Designation of the Manager. The Manager maybe selected or removed by a
vote of Voting Members representing at least seventy-five per cent (75%) ofthe Eligible Votes.
5.3 Terms of Service. The Manager shall serve on such terms as may be agreed
upon by a'vote representing;at least seventy-five per cent (75%) of the Eligible Votes. The
Manager shall be entitled to reimbursement from the Company for all reasonable out-of-pocket
costs and expenses incurred by the Manager for or on behalf of the Company. The Manager
may be paid reasonable compensation and/or granted up to a five percent (5%) Membership
Interest in the Company as a Capital Contribution.
5.4 Manager's General Powers. The Manager shall have the following powers with
respect to the ordinaryand usual course of the day-to-day bminess ofthe Company, unless such
powers are restricted or enlarged by the written guidelines (or other resolutions) adopted by
dheMernbers ftom time to time, as necessary:
(a) to enter into, make, sign, seal, deliver andper3ffirm all agreements,
cantnacts , ,, Oca m.ents, unsmarnicars and otsher -and ertakingsaad to engage in all -activities
and transactions as mav be necessary or desirable in order to carry our- die ordinary and
usual couirse of ilic busincss: alai. Company wii�n the ppub �--'Ic or third parties;
5
(b) to mainta4 develop and sell real estate, properties held by the Company
in the ordinary and usual course of Company business-,
(c) to incur, in the ordinary and usual course of business only., indebtedness
on behalf of the Company;
(d) to open, maintainand dose accounts in the Company's name with sound
financial institutions, and on behalf of the Company draw on or deposit in such
accounts checks or other orders for the payment of money-
(e) to employ or contract professionals, contractors, or other persons and
business entitiesasnecessaryto conduct the ordinary and usual course ofthe Company's
business;
(f) to otherwise manage maintain, protect, safeguard, develop or promote
the assets of the Company in a -reasonable and. prudent manner;
(,g) to prepare revised Exhibit A?s as needed as items change under this
Agreement-, and
(1h) to request the expertise or assistance of the Members, as may be
appropriate, to ftifill the business needs of the Company.
5.5 Manager's Standard of Care. The Manager shall be required to perform all
Manager duties in good lfi�i and with that degree of care thatan ordinarily prudent manager
would use under Ue circumstances. In the cases of bad faith, negligence, or willful
misconduct, the Manager may be liable to the Company or any Member for damages. The
Manager shall be required to maintain, at Manager's expense, insurance with sound companies
in amounts specified by a vote representing the majority of the Eligible Votes, to insure
Manager's possibleliabilities to the Company and the Members.
in performing such duties, the Manager shall be entitled to reasonably rely on
info rin ati o i 1, 0 pp inio ns, rep o —LLs or statements; inc luding financial s tate: men is and other fin ai•i cial
data, presented orprepared by (i) one or more agents or employees of the Company., or (R)
counsel, public .accountants or other persons as to matters that the Manager believes to be
' susuchPCrson's Prolfessi or al Or. expert ComapoterAcc.
S 5.6 Annnual Rktports. r".t.kastiffi E ) days fter --he end Ofeach, Fi "Ytar,
I'MY-11ve -
a
dhe,Vlanacrer shall furnish to each Memfi ber nancial statements, prepared by the Company's
-accountant or bookkeeper in accordance Arith generally accepted accounting principles, which
shali include the fallowing:ZI)
(a) a balance sheet of the Company as of the last day of the Fiscal Year;
(b) a statement of income or loss for the Company for the Fiscal Year;
(c) a statement of each Membees relative interest in the Company and the
Company's income or loss for the Fiscal year; and
(d) a statement of cash flow of the Company for the Fiscal Year.
5.7 Interim. Reports. The Manager shall cause each Member to be furnished with
interim financial statements as directed by vote or as otherwise believed prudent by the
Manager.
g
5.8 Annual Budget. At least thirty (30) days prior to the end of each fiscal year, the
Manager shall cause to be prepared and delivered to each Member an operating budget for the
Company for the following Fiscal Year that shall set forth in reasonable detail the Company's
projected operating expenses, capital expenditures, cash flow, and income or loss projections.
5.9 Tax Returns and Inf6rmation. The Manager shall cause all required federal,
state, and local tax returns applicable to the Company to be prepared and filed on a timely
basis. Within forty-five (45) days after the end of each fiscal year, the Manager deliver a
, shall7
Schedule K-1 to each member showing the amounts of any income, gain, loss, deductions, or
credits allocated to the member for the fiscal year.
SECTION 6
6.1 Restrictions, GeneraRy. This Company is formed by -a closely -held group who,
based -upon a relationship of trust, have surrendered certain rights in exchange for limited
liabili ry. Capital is material to the business and investment objectives of theCompa:nv and its
tax status. An unauthorized transfer cif Member's interest could create a substantial. hardship
to its capital base, ond adverselyaffect its tax structure. Therollowing
-restrictions upon ownershii) and transfer are intended as a method to protect and preserve the
"s cap ranty to cl—n—nue.
onipan�y ical, rax strucrurree and its fffinan-c-i-al, a'
7
6.2 Rcstricdvie Conditions- The ownership,and transfer of alMember's interest' in
the Company is subject to the following -disclosure and condition:
TIMMEMBERSHIPLN'TERESTS OF THE COMPANYHAVENOTBEENNOR.
WILL BE REGISTERED OR QUALIFIED UNDER FEDERAL OR STATE
SECURITIES LAWS.
wall i
MEN, Igo
P #11 §A�A FAN
Owl
REGISTERED OR QUALIFIED, OR UNLESS AN EXEMPTION FROM
REGISTRATION OR QUALIFICATIONEXISTS, AND THEN ONLY WITH
THE CONSENT OF ALL MEMBERS.
THE AVAILABILITY OF ANY EXEMPTION FROM REGISTRATION OR
QUALIFICATION MUST BE ESTABLISFIED BY AN OPINION OF COUNSEL
FOR THE OWNER OF THE INTEREST. ALL COSTS ASSOCIATED 'ATFH
SUCH OPINION SELALL BE BORNE BY THE TRANSFERRING MEMBEK
TFIE OPINION OF COUNSEL MUST BE REASONABLY SATISFACTORY TO
THE COMPANY THE OPINION OF COUNSEL MUST AFFIRMATIVELY
STATE THAT TIDE TRANSFER DOES NOT:
(a) result in a violation of the Securities Act;
(b) require the Company to register as an investment company under
the Invcstment Company Act of 1940, as amended;
(c) require the Company to register as an investment adviser under
rile Investment Advisers Act of 1940, as amended;
(d) result in a termination of the Company for tax purposes;
(e) result in a violation by the Members or the Compariv of any law,
rule or regulation ofFfee erall, state or -local gover-aments;
(f) cause the Company to be eha-racter=id as a pubEdy uraded
panciaershlia) or mat--riaEy increase the r.;sk r1hat the Company will be- so
characterized, and
(g) resWt in a change of d-if-- tax status of the Company.
8
6.3 Arlember's' Representations and Warranties Concerning Ownership. By
executing this.AgreemMembers each of the embers hereby represents and wan -ants to each of the
-
other Members and the Company as follows:
(a) The interest in the Company being acquired by thelMember is being
purchased for the Member's own account and. not with a view to transfer to another
person or to sell as a public offering within the meaning of the Securities -Act or any
applicable state securities laws. The Member understands that his or her interest in the
Company has not been registered under the Securities Actor any state securities laws,
and that the reliance of the Company and other Members upon exemptions from such
laws is predicated in part by the representations and warranties of the Member. No
other person has any right or interest with respect to the interest in the Company
acquired by the Member, nor has such Member agreed to give any person any such
interest or right in the future.
(b) The Member is acquiring his or her interest in the Company based upon
t�
his or her own, investigation, analysis and expertise. The Member has such knowledge
and experience in financial and business matters that the Member is capable of
evaluating the merits and risks of the investment contemplated by this Agreement and
the Member is able to bear the economic risk of his or her purchase of an interest in the
Company (including a complete loss of his or her capital contribution). Prior to the
execution of this Agreement, the Member has been afforded full and free access to
information concerning the Company and has been afforded the opporumity to -ask
questions concerning the business and other relevant matters, as :the Member has
deemed necessary or desirable.
(c) The Member recognizes that no public market exists for the interest in the
Company, and no representation has been made to the Member that any such public
market will exist in the future,
SECTION 7
Allembers' ..,A -Hairs
7J Place and Manner of Mleetings- Ail mectLings of l-hf- �f¢e.^.2bers s:tj2jj ve 1uirq -3t-
such drne;uad place as sludu' be stated in dhe notice Cif he meeting or in a duly execcuitiCt waiver
V
of notice thereof. Voting and Non -Voting M-embers may attend such by means of
.-TMon-- comerence or siminlar =aun=nicadons tqmpment.-U- au persons at -tending thcmuccting
can communicate: Attendance at a meeting by a Voting or Non -Voting Member shall
constitute a waiver or' notice of such meeting, excel)t where a Member attends meetinz for
I
the express purpose of objec-6ng to the transact on of any business on the ground that the
mteting is not law iffiRy.cafled or convened.
7.2 Annual and Special Meetings. An annual meeting of the Members shall be
held during the period within six months after the close of each Fiscal Year of the Company
as may be specified by the Manager in the notice of the meeting. UF the annual meeting of
Members is not so held, any VotingMember may cause a special meeting cif the Members to
beheld and any business:transacted or election held at such meeting shall be as valid as if held
at the annual meeting. Failure to hold the annual meeting at the designated time shall not work -
a dissolution ofthe Company. To the extent reasonable., special meetings of theMember's may
be called at any dint by any Voting Member.
7.3 Notice. Written ,notice staring :the place, day and hour of the meeting and in
case of :a special meetirig, the purpose or purposes for which the meeting is called, shall be
delivered not I= than ten (10) nor more than sixty (60) days before the date of the meeting,
either personally or by mail, by the person calling the meeting, to each Voting and Non -Voting
Member, provided thatsuch notice may be waived as provided in this A-
greement. If mailed,
such notice shall be deemed to be delivered when deposited in the United States mail addressed
to the Member at im address as it appears on the records of the Company, with postage thereon
Drepai&
7A Quor= of Members. The presence of Voting Members, M' person or by
proxy, representing severity five per cent (75%) or more of the Company Issued Votes shall
be required for a quorum to conduct business at a Members' meeting.
7.5 Voting- A vote ol'Voting Members representing a majority (more than 50%)
of the Company Issued Votes <shall be the act of the Members, unless -a vote representing a
different percentage of the Company Issued Votes is required by law or this Agreement.
7.6 Action Without Meeting-W-ritten Consent. Any actions that may be taken
by a vote of Voting Members at any annual or special meeting of theMembers may be taken
without a meeting, without prior notice, and without a vote, if a written consent setting forth
I
th e action shall have been signed by Voting Members representil-n-g atleast sevenrytlfive per cent
(75%) ofthe Eligible Votes; provided, that if other provisions offdais the Agreement req 'luirre
uiTanimity of Voting Members, then. the written consent must be signed by all ',,;'otLn-g
ldicuilvcrs. Ncv-jcc of actions raken-t,accordl&nce with this section rrtusr be provided to 0
Members within ten (10) calendar days of the last si of the wit= en consent.
7.7 FiducinTDuties. BachMeniber owes fiduciary duties to the -Co pang and the
other Members and must discharge these fiduciary duties, as well as exercise the Members'
19
ri
ghts in the Company, consistent with the obligation of g ,00d faith and f-air dealing A
Mienaber's fiduciary duties with respect to conducting or winding up the Company's business
include, but are not limited to:
(a) rtgardingg the Company, a Member must refrain from engpgoing in
negligent or reckless conduct, intentional misconductand knowing, violations of the
law;
(b) a Member must account to the Company, and hold as trustee for the
Company, any profit or benefit derived by the Member from use by the Member of the
Cornpanys property, including the -appropriation of a Company opportunity;
(c) a Member must refrain from business transactions with the Company
either personally or by,, for, with or through third parties, except as otherwise provided
in the Section 7.10 (self interest),- and
(d) a Member may not compete with. the Company in the coriduct of the
business of the Company - anv unless o-nnted Permission by unanimous vote of all then
' I I
existing Voting Members.
7.8 Outside Activities. Each Votirq, Member must devote so much time and
attention to the business of the Company as the Voting Members reasonably agree is
appropriate. Members may engage in business and investment activities outside the Company.
Neither the Company nor the other Members have any rights to the profits or benefits of such
outside activities.
7.9 Self Interest - Disclosure. A Member may, lend money or transact other
business (personally, or by,for, with, or through third parties) with the Company, on the same
basis as a person who is not aMember, provided: (i) there is full disclosure of the loan or other
transaction and the Membees involvement therewith to all Members; and (ii) the loan or
tnurisoction has been approved by unanimous vote, or written consent, of all Voting -Members.
'Unless otherwise provided by applicable law, a Voting Member wid-i a financial interest in the
outcome of -oarticu-1ar loan, or trarisaction may vote concerning the loxi or =sac-0-on.
The Connpanys Disclosure Statertnenr.'Lor ii-rvestors is a disclosure offmauters per-dinent
-j A L U IA- U %. gi�lain g o f o p cratior, ofthc Co,-. npvarfy.
to zransac-LLCMAO
11
SECTION 8
Passage of Membees Ownership Interest, Change of Status, Withdrawal
8.1 Passage of a Member's Ownership Interest to Another. If a Membees
Ownership Interest in whole or in part passes to a person or entity (such as heirs, successors,
Assigns, trustees or representatives, receivers, liquidators or creditors) that has not been
-admitted as a Voting Member of the Company, then the.new owner of the interest so passed
becomes aNon-Voting Member. The CompanyIssued Votes shall then be amendedinExhibit
A.
Such new Non -Voting Member can be also be considered for Membership as a Voting
Member under Section 1-10- In the event the new non -Voting Member is approved as a
Voting Member, the Company Issued Votes of the prior Owner/s shall pass in the same
number to the new Memberls and EMI bit A shall beamended to reflect the new situation.
Events that may result in the creation of Non -Voting Members include but are not
limited to:
(a) a Member's death or the entry of an order by a court of competent
jurisdiction adjudicating the Member incompetent to manage thelAember's person or
estate,
(b) in the case of a Member who is a trustee or is actingas a Member by
virtue of being a trustee of a trust, the termination of the trust or the substitution of a
new trustee;
(c) in the case of a Member that is a separate Company, the dissolution and
commencement of winding up of the separate Company, or the primary management
role oft e other Company passing to a different person;
(d) a Member voluntarily or involuntarily transfers that Membees
Ownership Interest in the Company;
(e) a M ember's as s ignment, in whole o r in part, of aMem b e es Owne rs 1yip
Inter=, to a non-member, who is not approved by a vow representing ar- IM,5tsevenry-
fr,,-, —'r cenut (75%) vL
es;
Va 2,Iembe,i consenttorr acqLiesres in ljhr- a
pTit"lt—crap,
cceiver, or liquidator offthe Member or of all or arsubstantial part of the Melllbees.
assets; or
12
(g) a Member's decision to resign as a Voting Member.
8.2 No Dissolution - Continuation of the Company. Nothingin Section 8 shall
result in the dissolution of the Company. The Company shall continue with the remaining
Members.
8.3 Voluntary Withdrawal. A Member may withdraw upon approval of the
withdrawal by a vote representing at: least 75% of the Eligible Votes. The withdrawing
I
Member shall be paid a value for his interest in the Company, as may be <agreed between the
withdrawing Member and Company, and approved by at least 75% of the -Eligible Votes. (For
all issues under this provision, if the withdrawirg, Member is a Voting Member, then the
withdrawing Voting Member may not vote and the withdrawing Member's Company Issued
Votes are not counted in determining the Eligible Vote.)
8.4 Transition from Voting Member to Non -Voting Member by vote of other
Voting Members. A Voting Member's Membership Interest in the Company may be
transitioned to that of -a -Non-Voting.Member by a vote of at least 75% of the Eligible Votes,
For all issues under this provision, the transitionirig Voting Member may vote.
Such transition from a Voting Merriberto allon-Voting-Member shall only be for good
cause, but the Members shall be granted great latitude in de=min mining good cause under this
provision.
9,1 Assignment. Subject to the requirements of Sections 6 and 8,.any, Membership
Interest in the Company is assignable in whole or in part.
9.2 Pledge of Interest. Subject to the requirements of Sections 6 and 8, the pledge
orranting of a security interest, lien, or other encumbrance in or against any of theMember's
Membership Interests in the Company is not considered an assignment.
Dissolution
10. 1 Events of Dissolution. The Company is dissolved upon the happening of one
-LIr the following ., events:
13
a) at the time or upon the occasion offevens specified in the Company
Articies of Organization;
b) all of the Voting Members consent to a dissolution, or
c) the entry of a decree of judicial dissolution.
10.2 Articles of Dissolution. Upon the dissolution and the commencement of
winding up of the Company, the Company shall file Articles ofDissolution with the Secretary
of State.
10.3 Procedure. Upon dissolution, the fairs of the Company will be wound up
upon dissolution by liquidating the assets of he Company. 'The liabilities of the Company will
rank in order of payment as follows:
(a) those owing to creditors, including Members;
(b) Any remaining funds or assets will be then distributed to the Members,
in accordance with the Ownership Interest of each Member.
11.1 Bank- Accounts - Checks. The Company may maintain bank- accounts in such
banks as it selects_
11.2 Acts Beyond Powers of a. Member or Manager. No Member or manager
may, without 2. unanimous vote of Voting, Members.,
(a) dispose of the goodwill of the Company or convey; encumber, or lease
any other asset of the business outside the ordimrycourse of business;
(b) sell, lease, exch-anbe, mortgage, pledge, or otherwise a-ansfier or dispose
of all, or substantially all, of the property or asset of the Company;
(c) cause the Company to be converted to another forma of business entity;
(d) do any act which would make it impossible to carry on the ordinary
business of a Company;
M
(e) cause Ehe Company to be merged with another business;
il.3 Further Acts Beyond Powers of a Member or, Manager. No Member or
Manager may, without a vote of Voting Members representing at least 75% of the Eligible
C,
Votes -
(a) amend the Articles of Org-anization of the Company or this Agreement;
(b) incur indebtedness by the Company other than in the ordinary course of
business; or
(c) commence a voluntary bankruptcy case for the Company.
12.1 Mandatory Indemnification. Subject to Section 12.2, the Company shall
indenuaify a Member for judgments, setrJements, penalties, fmcs, or expenses incurred in a
oroceedinb c, to which an individual is a party because the individual is or was a Member.
I
12.2 Limitation s,on Indemnification- The Company may not indemnif r a Member
from liability. for
(a) the amount of a financial benefit received by aMember to which the
Member is riot entitled;
(b) an intentional infliction of harm by the Member on the Company or its
Members-,
(c) an intentional violation of criminal law by the Member-,
(d) an unlia,%fid disrrrbution by the Member; or
(e) a breach of fiduci-sury duties (Section 7.7) by the Miembt_-r.
15
SECTION13
Miscellaneous
13.1 Books and Records. The Company shall keep at its principal place of business:
(a) a current Est in alphabetical order of the fiffi name and Ian known
business street address of each Member;
k 'b) -a copy of the Articles of Organization and all,certificates of amendment
to them, together with executed copies of any powers of attorney pursuant to which any
certificate of amendment has been executed;
(c) copies of the Company's federal, state and local income = returns and
reports, if any, for the three most recent years;
(d) copies of any financial statements of tile Company, if any, for the three
most recent years;
(e) a copy of this Operating Agreement (and any amendments thereto);
( -a current version of --P:KEb-;t A Histing.011 —interests in- r—h-c- Crimpany; -3,nA
(g) a copy ofminutes; ofMember mcctmgs, resolutions and written consents.
13.2 Amendment. The Voting Members may amend this Agreement by a vote
representing at least 75% of the Eligible Votes. No amendinerit shall, however, (i) change the
percentage specified above necessary to amend this agreement; (ii) enlarge the obligations of
any Member under this Agreement without the written consent of such Member; or (iii)
specifically dilute the relative interest of any Member in the Net Income, Net Loss,
distributions or capital of the Company without the written consent of.such ,Member, except
to the extent such dilution naturally results from additional capital contributions from the
Members or the, admission of Additional Members as specifically permitted pursuant to this
Agreement.
13.3 Fiscal Year. The Coriipany's fiscal year shall be a calendar year.
13.4 Governing Law- This -Aggreemenit is governed by -the lla'WS of the State of
Montana, as applied to agreeme-tits.among Montana residents made and to be Perf'ornmed
cnitircly within INIontaiia.
13.5 Experism The Co-mT>any shall pay all costs and expenses arising from the
orga
nization and operation of the Company. The Company shall reimburse the Members for
0
their reasonable out-of-pocket expenses incurred. by them on behalf of the Company in
accordance with this Agreement.
13.6 Other Instruments and Acts. The Members agree to execute any other
instruments or perform any other acts that are or may be necessary to effectuate and carry on
the Company.
113-7 Binding Agreement. This Agreement shall be binding upon the transferees,
successors, assigns and legal representatives of the Members.
13.8 Notices. Any notice or other communication that,a Member (or the Manager)
desires to give to another Member (or the Manager) shall be in writing and shall be deemed
effectively given upon personal delivery or upon deposit: in any United States mail box, by
registered or certified mail, postage prepaid, or upon transmission by telegram or telecopy,
properly addressed to the or -her Member (or the Mana.gpr).
13.9 Entire Agreement. This Agreement constitutes the entire agreement of the
Members and supersedes all prior agreements between the Members with respect to the
Company.
13. 10 R:1 ghts of C red, kor s and Th;-r d P arti--es under Agree-m- e nt- Ibis Agre e m en t
is for the exclusive, benefit of the Company, its Members, and their successors acid assigns. This
Agreement is expressly not intended for the benefit of any creditor of the Com any or any
p
other person. Except and only to, the extent provided by applicable law, no such creditor or
third party shall have any rights under this Agreement or any other agreement between this
Company and any Member.
13.11 No Waiver. The failure of the Company or any Member in any instance to
exercise any rights granted under this AO cment shall not constitute a waiver of any other
_Agreement
rights that may subsequently arise under the provisions of this Agreement, or any other
agreement Z:)
greement between or among the Company and a Member. No waiver of any breach or
condition of this Agreement shall be deemed to be a waiver of any other or subsequent breach
or condition, whether of like or di&rent nature.
13.12 Construction. Evm covcnaznt, term, and provision of this Agreement sJh2jl be
con ieds inply -- A;-g —tfm- aning, dosun C tIy fo r or again s aMI M e m V Cr.
ac -r.- i-an,
13.13 Severabill:tv- Every provision of this Agreement is intended to be sever -able. It
any terim or provisionhereof is ikiai or invalid for reason whatsoever, such ilulega-
I _ dty or
invalidity shall not affect the validity or legality of the remainder of this Agreement.
17
13.14 Incorporation by Reference. Each Schedule attached to this Agreement and
referred to fic-rein,is incorporated in this Agreement by reference and made a part hereof as if
ply
I y set forth herein-
130.15 Counterpart Execution. This Agreement may be executed in any number of
counterparts with the same effect as if all of theMembers had signed the same document. All
counterparts shall be construed together and shall constitute one agreement.
13.16 Consent to Jurisdiction. EachMemberhezebyirrevocably:andunconditionaUy
submits, to the exclusive jurisdiction of the courts of the State of Montana or the UnitedStates
of America located in Montana for any actions, suits or proceedings arising out of or relating,
to this Agreement and the transactions contemplated hereby, and agrees nottocommence any
action, suit or proceeding relating hereto except in such courts. Each parry hereto hereby
irrevocably and unconditionally waives any objection to personal jurisdiction and the laying of
venue of any action', suit or proceeding arising out of this Agreement or the transactions
contemplated hereby, in the courts of the State of Montana or the United States of America
located in Montana, and hereby further irrevocably and unconditionally waives and agrees not
to plead or claim in any such court that any such action, suitor proceeding brought in any such
court has been brought in an inconvenient forum.
KApell National Invtstrnent Partners, L.L.C.
By its Organizer, initial Manager, and organizing member,
,Jim Davis.
Date: / /16 /1>8
In
kMember Counterpart Signature Pagel
Member Signature
Lev LLB
Merr ber Name
Date: �////p Lo 2
I / I
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Metsbec Namc
SECRETARY OF STATE
m
STATE OF MONTANA
BRAD JOHNSON
HENNING & KEEDY PLLC
ATTORNEYS AT LAW
1830 3RD AVE E STE 102
KALISPELL MT 59901
September 28, 2007
Dear Sir or Madam:
--THE Montana State Capitol
ati __ _ sT p
P PO Box 202801
Helena, MT 59620-2801
o (406)444-3665
3y http://www.sos.mt.goy
ECEI IMII) OCT Z J
I've approved the filing of the documents for the above named entity. The document number
and filing date have been recorded on the original document. This letter serves as your
certificate of filing and should be maintained in your files for future reference.
Thank you for giving this office the opportunity to serve you. If you have any questions in this
regard, or need additional assistance, please do not hesitate to contact the Business Services
Bureau professionals at (406) 444-3665.
Sincerely,
BRAD JOHNSON
Secretary of State
You can correspond with our office via facsimile. Our fax number is (406) 444-3976. You can now fax in
Your search, copy, and certificate requests.
AMENDED AlZ.nC.ES OF ORGANIZATION FOR
KALISPELL NATIONAL INVESTMENT COIF
A LIMITED LIABIL= COMPANY
(originally .Kalispell National Investment Partners, L.L.C. -
Filing Date July 11, 2007 - Filing No. C171693-797558)
This instrument is executed by the undersigned person of legal age, for the purpose of
changing the name of, and amending the Articles of Organization of a Montana limited liability
company, under the Montana Limited Liability Act.
NAME. The name of the limited liability company is changed to Kalispell National
Investment Company, L.L.C. from Kalispell National Investment Partners, L.L.C.
ARTICLE II C AM& &%
REGISTERED AGENT. The registered agent is: Vey
Jim Davis 77��
124 ilwarl Ridge CL.
Kalispell, MT 59901
The acceptance of the agent filed with the original Articles of Organization continues and is
reaffirmed by separate execution of this amendment.
F.011-140 10 I
PRINCIPAL PLACE OF BUSINESS. The street address of the initial principal
place of business in Montana is 124 Swan Ridge Ct., Kalispell, Montana 59901,
L; eTION. At wi11.
-w io shall initially be JiiTi Davis.
ARTICLE IV
ARTICLE V
i1t;r :l-3mr -'0 tt`l `P. ..'u'^.'3.[;'P!'. P-*,-r man .��.'.�r
Page 1 of 5
F.411 V4 I V',l
MEMBERS. The nacres of the initial and organizing Managers or Members and street
addresses are:
1. Manager and Member: Jim Davis, 124 Swan Ridge Ct., Kalispell, MT 59901.
2. Member: Dennis Weinberg, 2510 Alhambra Court, Camarillo, CA 93012.
3. Member: Allyson Weinberg, 2510 Alhambra Court, Camarillo, CA 93012.
4. Member: Skyview Development, L.L.C. 124 Swan Ridge Ct., Kalispell,
Montana 59901.
ARTICLE VII
PURPOSES. The purposes of the limited liability company shall be to engage in the
business of real estate development, and the transaction of any or all lawful business for which
limited liability companies may be formed under the Montana Code Annotated.
The company shall have the following powers, and it may:
(a) Sue, be sued, complain, and defend in all courts;
(b) Transact it4s, busnc8s, Carry on it Operations, anri have anti exercise fhe
powers granted by this section in any state; in any territory, district, or
possession of the United States; and in any foreign country;
(c) Make contracts and guarantees, incur liabilities, and borrow money;
(d) Sell, lease, exchange, transfer, convey, mortgage, pledge, and otherwise
dispose of any of its assets;
(e) Acquire by purchase or in any other manner, take, receive, own, hold,
improve, and otherwise deal with any interest in real or personal
property, wherever located;
(fj Issue notes, bonds, and other obligations, and secure any of them by
mortgage, deed of trust, or security interest of any of its assets;
(g) Purchase, take, receive, subscribe for, or otherwise acquire, own, hold,
vote, use, employ, sell, mortgage, loan, pledge, or otherwise dispose of
r<no a a deal rr7 i i_ wi_ r i
Ci.ild ouit.i VVBe US-- aLld deal in and with stock ill oUdhci Ult— Arc-StJ in cUiU
obligations of domestic and foreign corporations, associations, general
or limited partnerships, lil-nited liability companies, business truss, aid
(h) Ewes its surplus fL,nds, lend money "%m timl e to t—i u1 arxv MaIU1Cr
tLidL may be apYivpiidte to enable it to carry on the operations vi ii3i.iili
the purposes set forth in its articles of organization, and take and hold
real property and personal property as security for the payment offunas
Page 2 of 5
loaned or invested;
(i) Elect or appoint agents, and define their duties and fix their
compensation;
(j) Sell, convey, mortgage, pledge; lease, exchange, transfer, and otherwise
dispose of all or any part of its property and assets;
(k) Be a promoter, stockholder, partner, member, associate, or agent of any
corporation, partnership, domestic or foreign limited liability company,
joint venture, trust, or other enterprise;
(1) Indemnify and hold harmless any member; agent, or employee from and
against any claims and demands whatsoever, except in the case of action
or failure to act by the member, agent, or employee that constitutes
willful. misconduct or recklessness, and subject to the standards and
restrictions, if any, set forth in the Articles of Organization or Operating
Agreement;
(m) Cease its activities and dissolve;
(n) Pay pensions and establish pension plans, pension trusts, profit-sharing
plans, share bonus plans, share option plans, and benefit or incentive
plans for any of its current or former directors, officers, employees, and
agents;
(o) Make donations for the public welfare or for charitable, religious,
8r,e�it:i�i 'ir e{.Li a?,iL3_11 i1'Giri i�,_ _.,I 9i� i����t.4,aL !^.+_-- M�Re adona-lions
in aid of war activities; and
(p) Do every other act not inconsistent with law that is appropriate to
promote and further the business and affairs of the limited liability
company.
ARTICLE VIJI
INTITAL AND ORGANIZING MEMBERS and MANAGER. The initial and
Organizing Members and Managers are granted the authority to organize the Company,
prepare an Operating Agreement for the Company, authorize the exercise of powers of the
Company set forth in Article VV ff prior to the execution of an Operating Agreement, purchase
or othemnisP nhtp.in nrn Clnnrie.xT T�evel^vn went, L.L.C. the *►,roYert�r that shah be the prinriral
-initial deve:1opmej-tt rnrnierr of thk i ,omn ny, incur init ai orgarLaing expenses that ,sha11 be
reimbursed by the Company, approve new members and their capital contributions who will
be admitted upon the adoption and execution of the Operating Agreement, and do such other
and ne.Cess n-T acts to �rga_''%e the Company. prior to the execution of an Operating
`S t- t1"! 1iT 7 P� n,� ti-.c jam:!-s.-<2 e�rry- �mers� ea. ryar '3.
Azree.mem _e m- ar`3i�m usr r TuthoriZ d acts -_ e-he ._u�a-c and (.)1— z=�u.c ..=i .3s.iS �Tld
1Vlanager shall be the acts o1 the Company.
Page 3 of 5
Each of the Initial and Organizing Members and Manager, is granted the unilateral right
to withdraw as member or manager prior to the execution of the Operating Agreement. An
Initial and Organizing Member who does not execute the Operating Agreement within a
reasonable time of its adoption shall not continue as a Member. Such unilateral right of
withdrawal is only effective if exercised prior to the execution of the Operating Agreement by
the Initial and Organizing Member.
F411311 ►.1
ADMISSION OF ADDITIONAL MEMBERS. Additional members may be
admitted, as provided in the Company's Operating Agreement.
041
CLASSES OF MEMBERS. There shall be two classes of Members. "Voting
Members" shall be admitted as provided in the Operating Agreement. "Non -voting Members"
shall be heirs, successors, assigns, estates, representatives, receivers, liquidators, trustees, or
other persons who have obtained, through operation of law or otherwise, in whole or in part,
an interest from a person admitted as a "Voting Member."
nPrtQ �iillt Cry if inCrr�aLtllT.aiFs shall T1y�ellcrwlup ill�CP iYe�_as
provided in the Operating Agreement.
ARTICLE XI
ORGANIZER. The name and street address of the person organizing this limited
liability company is Jim Davis, whose address is 124 Swan Ridge Ct., Kalispell, MT 59901.
These Amended Articles of Organization were signed on this 1,,1. day of September,
2007, by Jim Davis, Manager, Member, Organizer, with the authorization of all Members.
m ! )agic, Tviember, vaanager, ;rgni7,er
Page 4 of 5
STATE OF MONTANA
:ss.
County of Flathead
Pk
On this ` " day of 2007, before me, the undersigned, a Notary
Public for the State ofMontana, personally appeared Jim Davis, known to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that he executed
the same.
IN WITNESS WIIEREOF, I have hereunto set my hand and affixed my Notarial Seal
the day and year first above written.
SN {SE*6STEN L. OILES
gag ' Notary Public For The
State Of Montana
�n Residing at Whitefish
Qtq�no ti� My Commission Expires
Of
Notary Public for the Stqj of Montana
Residing at (�,tr Montana _
My Commission Expires:2.,��.✓'
�T
Jim Davis hereby accepts the appointment as the registered agent for service of process
Kalispell :National Investment Company, L.L.C.
until such time as it informs the Secretary of State of its resignation as registered agent, or the
above -named company chooses to appoint a new registered agent.
DATED this �- rK day of12007.
- � /7
Yv rn•! 3nT�tc
:/ 1111 L R Y 1Ce
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-f-14-ECRETARY OF STATET'
STATE
BRAD OHN ONVA CD �:. q
,1
HENNING & KEEDX PLLC
SOUTHFIELD TOWER
1830 3RD AVE EAST STE 102
KALISPELL MT 5991
July 12, 2007
Dear Sir or Madam:
Q�_TaE,s� Montana State Capitol
PO Box 202801
Helena, MT 59620-2801
o (406)444-3665
http://www.sos.mt.gov
r
RE: KALISPELL NATIONAL INVESTMENT
PARTNERS, L.L.C.
ARTICLES OF ORGANIZATION
Filing Date: July 11, 2007
Filing Number: C171693-797558
I've approved the filing of the documents for the above named entity. The document number
and filing date have been recorded on the original document. This letter serves as your
certificate of filing and should be maintained in your files for future reference.
Thank you for giving this office the opportunity to serve you. If you have any questions in this
regard; or need additional assistance, please do not hesitate to contact the Business Services
Bureau professionals at (406) 444-3665.
Sincerely,
13104ii .�4�
BRAD JOHNSON
Secretary of State
You can correspond with our office via facsimile. Our fax number is (406) 444-3976. You can now fax in
Your search, copy, and certificate requests.
This instrument is executed by the undersigned person of legal age, for the purpose of
forming a Montana limited liability company, under the Montana Limited Liability Act.
ARTICLE I
NAME. The name of the limited liability company is Kalispell National Investment
Partners, L.L.C.
ARTICLE II
REGISTERED AGENT. The registered agent is:
Jim Davis
124 Swan Ridge Ct.
Kalispell, MT 59901
PRINCIPAL PLACE OF BUSINESS. The street address of the initial principal
place of business in Montana is 124 Swan Ridge Ct., Kalispell, Montana 59901.
DURATION. At will.
ARTICLE IV
ARTICLE V
MANAGEMENT. The limited liability company is to be managed by its manager,
who shall initially be Jim Davis.
ARTICLE VI
MEMBERS. The names of the initial Managers or Members and street addresses are:
1. Manager and Member: Jim Davis, 124 Svran Ridge Ct., Kalispell, MIT 1559901.
2. Member: Dennis Weinberg, 2510 Alhambra Court, Camarillo, CA 93012.
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3. Allyson Weinberg, 2510 Alhambra Court, Camarillo, CA 93012.
ARTICLE VII
PURPOSES. The purposes of the limited liability company shalt be to engage in the
business of real estate development, and the transaction of any or all lawful business for which
limited liability companies may be formed under the Montana Code Annotated.
The company shall have the following powers, and it may:
(a) Sue, be sued, complain, and defend in all courts;
(b) Transact its business, carry on its operations, and have and exercise the
powers granted by this section in any state; in any territory, district, or
possession of the United States; and in any foreign country;
(c) Make contracts and guarantees, incur liabilities, and borrow money;
(d) Sell, lease, exchange, transfer, convey, mortgage, pledge, and otherwise
dispose of any of its assets;
(e) Acquire by purchase or in any other manner, take, receive, own, hold,
improve, and otherwise deal with any interest in real or personal
property, wherever located;
\- TCCµ .,^t-e-Q 1.vndc nnei .,1 he-r n1,1,-+4-- nnrl Qf-r1lYP nn-kT n47 +k,.r" k—
mortgage, deed of trust, or security interest of any of its assets;
(g) Purchase, take, receive, subscribe for, or otherwise acquire, own, hold,
vote, use, employ, sell, mortgage, loan, pledge, or otherwise dispose of
and otherwise use and deal in and with stock or other interests in and
obligations of domestic and foreign corporations, associations, general or
limited partnerships, limited liability companies, business trusts, and
individuals;
(h) Invest its surplus funds, lend money from time to time in any manner
that may be appropriate to enable it to carry on the operations or fulfill
the purposes set forth in its articles of organization, and take and hold
real property and personal property as security for the payment of funds
loaned or invested;
r / t D— �1its, and defime their da e d r� w
,i, Alec �,r ap M-L age w:�ti�s and �� ti�eir
compensation;
Sell, convey, mortgage, pledge, lease, exchange,, transfer, and oth ervnse
dispose of all or any part of its property and assets;
(k) Be a promoter, stockholder, pa tier, mera.ber, associate; or agent of any
corporation, Nay" tncrsiilp, Caonicstic or forciwn limited liability company,
joint venture, trust, or other enterprise;
(h TndPmnif- 7- and hold harmless any mPmher, agPnt� or employee from and
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against any claims and demands whatsoever, except in the case of action
or failure to act by the member, agent, or employee that constitutes
willful misconduct or reddessness, and subject to the standards and
restrictions, if any, set forth in the Articles of Organization or Operating
Agreement;
(m) Cease its activities and dissolve;
(n) Pay pensions and establish pension plans, pension trusts, profit-sharing
plans, share bonus plans; share option plans, and benefit or incentive
plans for any of its current or former directors, officers, employees, and
agents;
(0) Make donations for the public welfare or for charitable, religious,
scientific, or educational purposes and, in time of war, make donations
in aid of war activities; and
(p) Do every other act not inconsistent with law that is appropriate to
promote and further the business and affairs of the limited liability
company.
ARTICLE VM
,ADMISSION OF ADDITIONAL MEMBERS. Additional members may be
.,I ..M-,...... , ---c' h s, 'f `-c-6griated to -1-- ;-.44n1 npnrnti g pag,-nnmar�t.
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.After the execution of the initial Operating Agreement, additional members may be admitted
only upon such terms as are specified in the members' Operating Agreement.
ARTICLE IX
ORGANIZER. The name and street address of the person organizing this limited
liability company is Jim Davis, whose address is 124 Swan Ridge Ct.,l'alispell, MT 59901.
These Articles of Organization were signed on this e day of , 2007.
Oz�anizer,
Jin;.� Davis
Attached. Acceprance or Regzscered Agent
Page 3 of 4
STATE OF MONTANA )
:ss.
County of Flathead )
On this ` day of , 2007, before me, the undersigned, a Notary
Public for the State of Montana, e'rsonafty appeared Jim Davis, known to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that he executed
the same.
- IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal
the day and year first above written.
�N K. D4 KAREN K. DALTON
T rOA,91:� q Notary Public ForTh State Of MontanaPublic for the State of Montana
'
Residing at Kila Residing at , Montana
My Commission Fxphky Commission Expires:
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Of
ACCEPTANCE OF APPOINTMENT OF AGENT
jim-Davishereby accepts the appointment as the registered agent for service of process
Kalispell National Investment Partners, L.L.C.
until such time as it informs the Secretary of State of its resignation as registered agent, or the
above -named company chooses to appoint a new registered agent.
DATED this Z day of c� t %? , 2007.
K(rr►.�iD3�avis
124 Swan Ridge vt.
Kalispell, MIT 159901
Page 4 of 4
I.WTIPWAROMI
Montana State Capitol
PO Box 202801
Helena, MT 59620-2801
RQCKTffilWlLA LAITFAKRIERS PLEFT
PO BOX 1758
KALISPELL MIT 59903
6W 9 1 W IWN V OKI) a a I
1, LINDA McCULLOCH, Secretary of State of the State of Montana, do hereby certify that
filed its ARTICLES OF INCORPORATION in this office and. has fulfilled the applicable
requirements set forth in law. By virtue of the authority vested in the office, I hereby issue this
certificate evidencing filing effective on the date shown below, 1,,Adsh you the best of luck with
all your future endeavors as pad of the Montana business community.
Certified File Number: D258063 - 1596516
Dated: February 13,2015
Effective Date: February 12, 2015
The first Annual Report must be delivered to the Secretary of State between January I and April
15 of the year followine the calendar year in which a Domestic or Foreign Corporation or
Limited Liability Company was incorporated or authorized to transact business. Subsequent
Annual Reports must be delivered to the Secretary of State between January I and April 15 each
year thereafter.
Linda McCulloch
Secretary of State
D 2 5 8 0 6 3 1 5 9 6 5 1 6
STD U04A
FILED
ARTICLES OF INCORPORATION FEB
or
BLOOMSTONE HOOWNEUWASSOCIATIONI INVACRUARY OF STWE
.:# # a - i i... �. } 1 t 1 #. 'to
i - .. t -
Act, Title 35) it H • Yr 7.d t# Annotated.
ARTICLE I
Name. The name of nonprofit t> ,Ir+ Bloomstone Homeowa='Associadon,
11V 1011P
Re&tered Agent.name t and address R ` lx of the registered office/agentDavis :,
nRtuSmI
Mutual Benefit Corporation.corporation is mutualbenefit corporation
with members.
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L, i # 4 : -F!Fi iMM"WIl
Indmnification, Theputposeof !,; corpmfion and constituteo-
homeowners association. TR' directors i' i.Ri_ of said corporatJon ,re and V; be
`..1 i . l " ! frompersonal liability to I& oorporWon or iV -i a. fm of the corporation
i.
tit '+.r: 4: (..::�», �L `- ;: i. _ +..a► w i - t 1`, i:./'. { `i !: li.,it !':t :1.:;...
not 4.... theprovisioAs allowed pwmwint,so b in ie sdd
statutorily allowed indem@fication, shall ponaul.
Incorporator. The nm-e of the undersigned inii
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FEE-12--2015 12:68 se% P , 004
BLOOMSTONE HOMEOWNERS' ASSOCIATION, INC.
BYLAWS
ARTICLE I
NAMES, DEFINITIONS, AND OFFICES
Section 1.1 Name. The name of the Corporation is Bloomstone Homeowners'
Association, Inc., a Montana non-profit Corporation (the "Association").
Section 1.2 Definitions. Any definitions set forth in the Declaration of Covenants,
Conditions and Restrictions of Bloomstone Subdivision, as amended from time to time and
recorded in the office of the Clerk and Recorder of Flathead County, Montana (the
"Declaration"), will apply to these Bylaws. All defined terms used in these Bylaws will have the
same meaning as the defined terms used in the Declaration, unless the defined terms in these
Bylaws or the context of these Bylaws clearly indicates otherwise.
Section 1.3 Principal Office. The Association's principal office shall be located within
Flathead County, Montana. The Association's most current "ANNUAL REPORT" filed with the
Montana Secretary of State, shall identify the location of the principal office. The Board of
Directors may designate the location of these other offices. The secretary of the Association
shall maintain a copy of all records required by Section 2.17 of Article II at the principal office.
Section 1.4 Registered Office. The Association's "REGISTERED OFFICE" shall be
located within Montana at the address of the Association's "REGISTERED AGENT". The
location of the REGISTERED OFFICE may be, but need not be identical with that of the
principal office if the latter is located within Montana. The Board of Directors or a majority of
the Members may change the Registered Agent and the address of the Registered Office from
time to time upon filing the appropriate statement with the Secretary of the State of Montana.
ARTICLE II
MEMBERSHIP
Section 2.1 Members.
(a) Membership. Each Owner of a Lot shall be a Member of the Association with
such voting and other rights and obligations as set forth herein and in the Declaration.
(b) Nondiscrimination. Membership in the Association shall be available without
regard to race, color, creed, religion, sex, age, marital status, physical or mental handicap or
national origin, or ancestry.
(c) Membership Rights and Obligations. All Members have the same rights,
privileges, and obligations as set forth in these Bylaws and in the Declaration.
Section 2.2 Annual Membership Meeting.
The Members shall convene their annual meeting on the first V^ a. of
,,beginning with the year 2015 at the hour of 6:00 P.M., or at another tiYne on
another day within the month that the Board of Directors designates. At the annual meeting, the
Members shall elect Directors and transact any other business as may come before the meeting.
Page 1 of 17
If the date of the annual meeting is a legal holiday in Montana, the meeting shall be held on the
next succeeding business day.
Section 2.3 Special Membership Meetings.
The President, Secretary, Board of Directors, or 25% of the Members may call a special
membership meeting for any purpose or purposes described in the meeting notice. If 25% of
Members request a special meeting, they must do so in writing, and sign, date, and deliver the
demand to any corporate officer at least 10 but not more than 15 days before the Association
must give notice of the meeting; the President shall then call the special meeting on these
Members' behalf. For purpose of determining whether the Members have met the 25%
requirement, the record date is at 5:00 P.M. on the 30th day before delivery of the demand for a
special meeting to any corporate officer.
Section 2.4 Membership Meetings by Conference Telephone.
Members may participate in a membership meeting, if authorized by the Board of
Directors, by means of a conference telephone or similar communications equipment, provided
all persons entitled to participate in the meeting received proper notice of the meeting and
provided all persons participating in the meeting can hear each other at the same time. A
member participating in a meeting by conference telephone is deemed present in person at the
meeting. The chairperson of the meeting may establish reasonable rules as to conducting
business at any meeting at which Members participate by phone.
Section 2.5 Place of Membership Meeting.
The Board of Directors may designate any place within Flathead County, Montana as the
meeting place for any annual or special meeting of the Members. The Members may change the
meeting place if all the Members entitled to vote at the meeting agree by written consents to
another location. The written consents may be in the form of waiver of notice or otherwise. The
new location may be either within or outside the State of Montana. If the Board of Directors
does not designate a meeting place, then the Members shall meet at the principal office of the
Association.
Section 2.6 Notice of Membership Meeting.
(a) Required notice. The Secretary of the Association shall deliver notice of the
membership meeting to each record Member.
(b) Manner of Communication. The Secretary of the Association may deliver to the
Members notice of the membership meeting by a separate written notice, or by a newsletter of
the Association. The notice must be given in a fair and reasonable manner: it must be in writing
and must state the place, day and hour of any meeting. If Members may participate
telephonically, the notice, in addition to designating the time and place, must designate the
appropriate telephone number for telephonic participation.
(c) Effective Date. The Secretary shall deliver the notice, either personally or by
mail, not less than 10 nor more than 60 days before the date of the meeting. Notice shall be
deemed to be effective at the earlier of the following:
(1) the date when the notice is deposited in the United States mail, if mailed
postpaid and correctly addressed to the Member at the Member's designated address
provided to the Association by such Member for notice purposes; or
Page 2 of 17
(2) the date when received.
(d) Adjourned Meeting. If the Members adjourn any membership meeting to a
different date, time, or place, the Secretary need not give notice of the new date, time and place,
if the new date, time, and place is announced at the meeting before adjournment. But if the
Board of Directors fix a new record date for the adjourned meeting, or must fix one pursuant to
Section 2.8, then the Secretary must give notice, in accordance with the requirements of
paragraphs (b) and (c) of this Section 2.6 to those persons who are Members as of the new record
date.
(e) Waiver of Notice. A Member entitled to a notice may waive notice of the meeting
(or any notice required by the Montana Nonprofit Corporation Act or these Bylaws), by a writing
signed by the Member. The Member must send the notice of waiver to the Corporation (either
before or after the date and time stated in the notice) for inclusion in the minutes or filing with
the corporate records.
A Member's attendance at a meeting:
(1) waives the Member's right to object to lack of notice or defective notice of
the meeting, unless the Member at the beginning of the meeting objects to holding the
meeting or transacting business at the meeting.
(2) waives the Member's right to object to consideration of a particular matter
at the meeting that is not within the purpose or purposes described in the meeting notice,
unless the Member objects to considering the matter when it is presented.
(f) Contents of Notice. Unless otherwise provided by the Montana Nonprofit
Corporation Act, the notice of an annual membership meeting need only state in general terms a
description of the meeting's purpose or purposes. However, the notice of each special
membership meeting shall include a description of the meeting's purpose or purposes.
Regardless of whether the notice is of an annual or special membership meeting,
if a purpose of the meeting is for the Members to consider either:
(1) a proposed amendment to the Articles of Incorporation (including any
restated articles requiring Member approval);
(2) a plan of merger;
(3) the sale, lease, exchange or other disposition of all, or substantially all of
the Association's property;
(4) the dissolution of the Association; or
(5) the removal of a Director,
then the notice must state this purpose and be accompanied by a copy or summary, if applicable,
of the:
(1) amendment to articles;
(2) plan of merger; or
(3) transaction for disposition of all or substantially all of the Association's
property.
Likewise, if the Association indemnifies or advances expenses to a Director as provided
by the Montana Nonprofit Corporation Act or these Bylaws, the Secretary shall report this
information in writing to all the Members with or before notice of the next membership meeting.
Page 3 of 17
Section 2.7 Conduct of Membership Meetings.
(a) Conduct of Meeting. The President, or in the President's absence, the Vice -
President, or in their absence, any person chosen by the Members present shall call the
membership meeting to order and shall act as the chairperson of the meeting. The chairperson
(or a person designated by the chairperson) shall establish rules of the meeting that will freely
facilitate debate and decision making. The chairperson will indicate who may speak when and
when a vote will be taken. The Secretary of the Association shall act as the Secretary of all
meetings of the Members, but in the Secretary's absence, the presiding officer may appoint any
other person to act as the Secretary of the meeting.
(b) Order of Business. The order of business at a membership meeting shall be as
follows:
(1) call to order,
(2) reading of prior minutes,
(3) election of Directors, if that is the purpose the meeting,
(4) business specified by the notice,
(5) unfinished business,
(6) new business,
(7) adjournment.
At the annual meeting, the President and Treasurer shall report on the activities
and financial condition of the Association.
Section 2.8 Fixing of Record Date
(a) Fixing a Record Date. For the purpose of determining the Members entitled to
notice of or to vote at any meeting, or to express consent to any proposals to which Membership
consent is required, the Board of Directors of the Association may fix, in advance, a date as the
record date for determination of those Members who are so entitled. The Board may also fix a
record date to determine which Members belong in a group for any proper purpose involving
matters pertinent to the Association. The record date shall not be more than 20 days nor less
than 1 day before the notice of any meeting, general or special, is first delivered to Members. In
all other events the record date elected by the Directors may be no more than 10 days and no less
than 3 days before the first notification of Members' rights to express consent or to belong to a
group is delivered to Members.
(b) No Record Date is Fixed. If the Board of Directors does not fix a record date, the
record date for determination of Members entitled to notice of or to vote at any meeting, or to
express consent or to belong to any group, shall be at 5:00 P.M. on the day preceding the day on
which notices to Members so entitled are first delivered.
(c) Adjournment. In the event of an adjournment, the Board of Directors may fix a
new record date. The Board of Directors must fix a new record date if the meeting is adjourned
to a date more than 70 days after the date fixed for the original meeting.
Section 2.9 Membership List
(a) Contents of List. After the Board fixes a record date for notice to Members, the
officer or agent maintaining the Association's record books shall prepare a complete record of
the Members entitled to such notice. The record shall include the address of each Member.
Page 4 of 17
(b) Inspection. The membership list must be available for inspection by any Member,
beginning 2 business days after the Secretary first gives the notice for which the list was
prepared. The list will continue to be available throughout the meeting. The list shall be located
for inspection at the Association's principal office or at a place identified in the meeting notice in
the city where the meeting is to be held. A Member or the Member's agent or attorney is
entitled, on written demand, to inspect and, subject to the requirements of paragraph (c) below,
to copy the list during regular business hours. The Member shall be responsible for any
reasonable inspection and copying expenses. The Association shall maintain the membership list
in written form or in another form capable of conversion into written form within a reasonable
time.
(c) Limitations on Use of Membership List. Without consent of the Board, a
membership list or any part of it may not be obtained or used by a person for any purpose
unrelated to a Member's interest as a Member. This prohibition against use of membership list
for unrelated purposes includes but is not limited to:
(1) using the list to solicit money or property unless the money or property
will be used solely to solicit the votes or consents of Members in any matter submitted to
Members for their approval.
(2) using the list for any commercial purposes; or
(3) the selling or purchasing of the list.
Section 2.10 Membership Quorum and Voting Requirements
(a) Quorum. Forty percent (40%) of the votes entitled to be cast on a matter must be
represented at a meeting of Members to constitute a quorum on that matter. Once a quorum is
represented for any purpose at a meeting, the Association shall deem it present for quorum
purposes for the remainder of the meeting and for any adjournment of the meeting unless a new
record date is or must be set for that adjourned meeting.
(b) Voting. If a quorum exists, and the votes cast in favor of an action (other than the
election of Directors) constitute a majority of the votes present at the meeting, then the
Association shall consider the action on a matter approved.
(c) Number of Votes. Each Lot, regardless of how held, shall be entitled to one vote
on all matters submitted to Members for approval.
Section 2.11 Proxies
At all membership meetings, a Member may vote in person, or by proxy. The Member
may appoint a proxy to vote by signing an appointment form, either personally or by attorney -in -
fact. The Association shall consider a proxy appointment valid if made in writing and filed with
the Secretary of the Association before or at the time of the meeting. No proxy shall be valid
after 11 months from the date it was made, unless otherwise provided in the proxy.
Section 2.12 Voting of Membership
Each Member (subject to the provisions of Section 2.10) is entitled to one vote on each
matter voted on by the Members. Unless otherwise stated in these Bylaws, when Members vote
to take action on a matter, a majority vote shall carry.
Page 5 of 17
Section 2.13 Association's Acceptance of Votes
(a) When Signature Corresponds to Member's Name. If the name signed on a vote,
consent, waiver, or proxy appointment corresponds to the name of a Member, the Association, if
acting in good faith, is entitled to accept the vote, consent, waiver, or proxy appointment and
give it effect as the act of the Member.
(b) When Signature Doesn't Correspond to Member's Name. If the name signed on a
vote, consent, waiver, or proxy appointment does not correspond to the name of a Member, the
Association, if acting in good faith, is nevertheless entitled to accept the vote, consent, waiver, or
proxy appointment and give it effect as the act of the Member if.
(1) the Member is an entity as defined in the Montana Nonprofit Corporation
Act and the name signed purports to be that of an officer or attorney -in -fact of the
Member and, if the Association requests, evidence acceptable to the Association of the
signatory's authority to sign for the Member has been presented with respect to the vote,
consent, waiver, or proxy appointment;
(2) the name signed purports to be that of an officer or attorney -in -fact of the
Member and, if the Association requests, evidence acceptable to the Association of the
signatory's authority to sign for the Member has been presented with respect to the vote,
consent, waiver, or proxy appointment;
(3) two or more persons hold the membership as households, cotenants or
fiduciaries and;
(i) the name signed purports to be the name of at least one of the
coholders; and
(ii) the person signing appears to be acting on behalf of all the
coholders.
(c) Doubt About Validity of Signature. The Association is entitled to reject a vote,
consent, waiver, or proxy appointment if the Secretary or other officer or agent authorized to
tabulate votes, acting in good faith, has reasonable basis for doubt about the validity of the
signature or about the signatory's authority to sign for the Member.
(d) No Liability. The Association and any officer or agent who accepts or rejects a
vote, consent, waiver, or proxy appointment in good faith and in accordance with the standards
of this Section are not liable in damages to the Member for the consequences of the acceptance
or rejection.
Section 2.14 Informal Action by Members
The Members may act on any matter generally required or permitted at a membership
meeting, without actually meeting, if 80% of the Members entitled to vote on the subject matter
sign one or more written consent(s) to the action; the Members must deliver the consent(s) to the
Association for inclusion in the minute book.
Section 2.15 Members Electing Directors
(a) Board Determination of Method. The Board of Directors shall be vested with
authority to determine how the candidates for the Board of Directors shall be selected and
Page 6 of 17
whether or not the Directors shall be elected at a duly called meeting or by informal action as set
forth in Section 2.14 of these Bylaws.
(b) Determination of Winners of Election. Those nominees elected to the Board shall
be those nominees receiving the largest number of votes. For example, if three Board positions
are open, the three receiving the highest number of votes will be elected. Cumulative voting is
not authorized.
Section 2.16 Corporate Records
(a) Minutes and Accounting Records. The Association shall keep a permanent record
of the minutes of all meetings of its Members and Board of Directors, a record of all actions
taken by the Members or Board of Directors without a meeting, and a record of all actions taken
by a committee of the Board of Directors acting in place of the Board and on behalf of the
Association. The Association shall maintain appropriate accounting records.
(b) Membership List. The Association shall maintain a record of the Members'
names and addresses. The membership list shall indicate each Member is entitled to one vote.
(c) Form. The Association shall maintain its records in written form or in another
form capable of conversion into written form within a reasonable time.
(d) Other Records. The Association shall keep a copy of the following records at its
principal office or at a location from which the records may be recovered within 2 business days:
(1) its Articles or restated Articles of Incorporation and all amendments to
them currently in effect;
effect;
(2) its Bylaws or restated Bylaws and all amendments to them currently in
(3) resolutions adopted by its Board of Directors;
(4) the minutes of all membership meetings, and records of all actions taken
by Members without a meeting, for the past 3 years;
(5) the financial statements furnished for the past 3 years to the Members;
(6) a list of the names and business addresses of its current Directors and
officers; and,
(7) its most recent annual report delivered to the Secretary of State.
Section 2.17 Member's Rights to Inspect Corporate Records
(a) Absolute Inspection Rights of Records by Members. A Member (or a Member's
agent or attorney) is entitled to inspect and copy, at a reasonable time and location specified by
the Association, any of the records of the Association described in Section 2.16. The Member
must give the Association written notice or a written demand to inspect at least 5 days before the
date on which the Member wishes to inspect and copy.
(b) Conditional Inspection Right. The Member (or the Member's agent or attorney)
may inspect and copy, at a reasonable time and reasonable location specified by the Association,
additional records (listed in Section 2.16) if the Member meets the following criteria:
Page 7 of 17
(1) the Member must give the Association a written demand to inspect made
in good faith and for a proper purpose at least 5 business days before the date on which
the Member wishes to inspect and copy; and
(2) the Member must describe with reasonable particularity:
(i) the Member's purpose; and
(ii) the records that the Member desires to inspect; and
(3) the Association must approve that the records are directly connected with
the Member's purpose.
(c) Additional Records. If the Member meets the requirements of paragraph (b) (1),
(2) and (3) above, the Member may inspect and copy:
(1) excerpts from minutes of any meeting of the Board of Directors, records
of any action of a committee of the Board of Directors acting on behalf of the
Association, minutes of any meeting of the Members, and records of action taken by the
Members without a meeting, to the extent not subject to inspection under (paragraph (a)
of Section 2.17; and
(2) accounting records of the Association; and
(3) subject to provisions of Section 2.16, the membership list.
(d) Copy Costs. The right to copy includes the right to photograph, xerox, or copy by
other reasonable means. The Association may impose a reasonable charge, covering the costs of
labor and material, for copies of any documents provided to the Member. The charge may not
exceed the estimated cost of production or reproduction of the records.
ARTICLE III. BOARD OF DIRECTORS
Section 3.1 General Powers
The business and affairs of the Association shall be managed under the direction of the
Board of Directors.
Section 3.2 Number, Tenure, and Qualifications of Directors
Subject to provisions pertaining to Kalispell National Investment Company, L.L.C.
(hereinafter "Declarant") control as provided in the Declaration, the number of the Directors of
the Association shall be 3. Each Director shall have one vote on any matter that comes before
the Board. Each Director shall hold office until the next annual membership meeting or until
replaced or removed in accordance with the terms of the Declaration or these Bylaws. If the
Director's term expires, the Director shall continue to serve until the Members have elected and
qualified a successor or until the number of Directors is decreased by action of the Directors or
by the Members. Pending matters pertaining to Declarant's control, Directors need not be
residents of Montana, but must be either Members of the Association or the designated voting
Member of any corporation, limited liability company, partnership, or other entity which is a
Member of the Association.
Section 3.3 Declarant's Control
Page 8 of 17
The Declaration provides that the Declarant shall maintain controls over the conduct of
affairs by the Association subject to the provisions, conditions, and requirements set forth in the
Declaration. Until termination of said control, the Directors of the Association shall be
appointed or placed in office as provided in the Declaration. Directors appointed by the
Declarant need not be Members, shall hold office at the pleasure of the Declarant, and shall be
replaced at the pleasure of the Declarant.
Section 3.4 Removal of Directors
Except for those Directors appointed by the Declarant during the term of Declarant's
control, Directors may be removed, with or without cause, if a majority of the Members present
at a duly constituted meeting vote for the removal. Removal is effective only if it occurs at a
meeting called for that purpose. The notice of said meeting must be sent to all Members and
Directors and recite specifically therein that the purpose or a purpose of the meeting is removal
of the specified Director.
Section 3.5 Board of Directors Vacancies
If a vacancy occurs on the Board of Directors, including a vacancy resulting from an
increase in the number of Directors, the Directors may fill the vacancy. If the Directors
remaining in office constitute fewer than a quorum of the Board, they may fill the vacancy by the
affirmative vote of a majority of all the Directors remaining in office. If a Director resigns
effective at a specific later date, the Directors may fill the vacancy, before the vacancy occurs,
but the new Director may not take office until the vacancy actually occurs. When the Directors
elect a Director to fill a vacancy, the Director's term expires at the next membership meeting at
which Members elect Directors.
Section 3.6 Meetings of the Board of Directors
The Board of Directors shall hold a regular meeting immediately after, and at the same
place as, the annual membership meeting. No notice of the Director's meeting, other than these
Bylaws, is required. The Board of Directors may provide by resolution the date, time and place
where additional regular meetings may be held. Unless approved by the Board of Directors
unanimously, the regular meeting of the Board of Directors must be held in the county where the
company's principal office is located.
Section 3.7 Special Meetings of the Board of Directors
The presiding officer of the Board, the President of the Association, or any, or 20% of the
Directors then in office, may request a special meeting of the Board of Directors. The presiding
officer of the Board shall fix the place and time where the special meeting shall be held. Unless
otherwise approved by the Board unanimously, the location of any such special meeting shall be
in the county where the Association has its principal office.
Section 3.8 Participation in Board of Directors Meeting by Telephone Conference
At any meeting of the Board of Directors, including the regular meeting, upon the request
of any Director, the Director or any Member of a designated committee of the Association may
participate in any regular or special Board meeting by means of a conference telephone or
similar communication equipment. In such an event, all persons entitled to participate in the
meeting must receive proper notice of same and all persons participating must be able to hear
each other at the same time. All or any persons participating by telephone or other similar
communication equipment are deemed present at the meeting. The chairperson of the meeting
shall establish reasonable rules to insure the intent of this paragraph is met.
Page 9of17
Section 3.9 Notice of, and Waiver of Notice for, Special Directors Meetings
(a) Notice. The Association's Secretary shall give either oral or written notice of any
special Director meeting at least 5 days before the meeting. The notice shall include the meeting
place, day and hour. The Secretary will use all reasonable efforts to provide that all Directors
attend said meeting either in person or by telephonic or other communication means.
(b) Effective Date. If mailed, notice of any Director meeting shall be deemed to be
effective at the earlier of.
(1) 5 days after deposited in the United States mail, addressed to the
Director's business office, with postage prepaid; or
(2) the date shown on the return receipt (if sent by registered or certified mail,
return receipt requested, and the receipt is signed by or on behalf of the Director); or
(3) the date when received.
(c) Waiver of Notice. Any director may waive notice of any meeting. The waiver
must be in writing, signed by the Director entitled to the notice, and filed with the minutes or
corporate records.
A Director's attendance at a meeting waives the Director's right to object to lack
of notice or defective notice of the meeting; unless the Director, at the beginning of the meeting
(or promptly upon arrival), objects to holding the meeting or transacting business at the meeting,
and does not vote for or assent to action taken at the meeting.
Neither the Secretary nor Director needs to specify in the notice or waiver of
notice the business to be transacted at, or the purpose of, any special Board meeting.
Section 3.10 Directors, Quorum, and Directors Manner of Acting
(a) A majority of the number of Directors shall constitute a quorum for the
transaction of business.
(b) The act of a majority of the Directors present at a meeting at which a quorum is
present shall be the act of the Board of Directors. If no quorum is present, the Directors may not
take action on any Board matter other than to adjourn the meeting to a later date.
Section 3.11 Directors Action Without a Meeting
The Directors may act on any matter generally required or permitted at a Board meeting,
without actually meeting, if. all the Directors take the action, each one signs a written consent
describing the action taken, and the Directors file all the consents with the records of the
Association. Action taken by consent is effective when the last Director signs the consent,
unless the consent specifies a different effective date. A signed consent has the effect of a
meeting vote and may be referred to as a meeting vote in any document.
Section 3.12 Directors Committees
(a) Creation of Committees. The Board of Directors may create one or more
committees and appoint members of the Board to serve them. Each committee must have two
(2) or more Directors, who serve at the pleasure of the Board of Directors.
Page 10 of 17
(b) Section of Members. To create a committee and appoint members to it, the Board
must acquire approval by the majority of all the existing Directors when the action is taken.
(c) Authority. Each committee may exercise the specific Board authority which the
Board of Directors confers upon the committee in the resolution creating the committee.
Provided, however, a committee may not:
(1) approve or recommend to Members dissolution, merger, or the sale,
pledge, or transfer of all or substantially all of the Association's assets;
(2) elect, appoint, or remove Directors or fill vacancies on the Board of
Directors or on any of its committee; or
(3) adopt, amend, or repeal the Articles or Bylaws.
Section 3.13 Compensation for Directors
Director Compensation. The Board of Directors may, upon approval of the majority of
that Board, pay each Director expenses, if any, of attendance at each Board meeting or
committee meeting of the Board. The Directors shall not be paid a salary or fee for attending the
meeting. A Director may, however, serve the Association as an employee and receive
compensation.
SECTION IV. OFFICERS
Section 4.1 Number of Officers
The officers of the Association shall be a President, a Vice President, a Secretary, and a
Treasurer. The Board of Directors shall appoint each of these officers. The Board may appoint
other officers and assistant officers, including additional Vice -Presidents, if it deems it
necessary. If the Board of Directors specifically authorizes an officer to appoint one or more
officers or assistant officers, the officer may do so. The same individual may simultaneously
hold more than one office in the Association.
Section 4.2 Appointment and Term of Office
The Board of Directors shall appoint officers of the Association for a term that the Board
determines. If the Board does not specify a term, the officers shall hold office for one year or,
within that year, until they resign, die or are removed in a manner provided in Section 4.3.
A designation of a specified term does not grant to the officer any contract rights, and the
Board can remove the officer at any time prior to the termination of the designated term.
Section 4.3 Removal of Officer
The Board of Directors may remove any officer or agent any time, with or without cause.
The removal shall be without prejudice to the contract rights, if any, of the persons removed. A
Board's appointment of an officer or agent shall not of itself create contract rights.
Section 4.4 President
The President shall be the principal executive officer of the Association. The President
shall be subject to the control of the Board of Directors, and shall in general supervise and
control, in good faith, all of the business and affairs of the Association. The President shall,
Page 11 of 17
when present, preside at all meetings of the Board of Directors. The President may sign, with the
Secretary or any other proper officer of the Association that the Board has authorized,
Association deed, mortgages, bonds, contracts, or other Board authorized instruments.
Section 4.5 The Vice -President
The Vice -President, or if there is more than one, the Vice -Presidents in the order in which
they were appointed, shall perform, in good faith, the President's duties if the President is absent,
dies, is unable or refuses to act. If a Vice -President acts in the absence of the President, the
Vice -President shall have all Presidential powers and be subject to all the restrictions upon the
President. (If there is no Vice -President or the Vice -President is unable or refuses to act, then the
Secretary shall perform the Presidential duties.) The Vice -President shall perform any other
duties that the President or Board may assign to the Vice -President.
Section 4.6 The Secretary
The Secretary shall in good faith: (1) create and maintain one or more books for the
minutes of the proceedings of the Members and of the Board of Directors; (2) provide that all
notices are served in accordance with Bylaws or as required by law; (3) be custodian of the
corporate records; (4) when requested or required, authenticate any records of the Association;
(5) keep a current register of the post office address of each Member; and (6) in general perform
all duties incident to the office of Secretary and any other duties that the President or the Board
may assign to the Secretary.
Section 4.7 The Treasurer
The Treasurer shall: (1) have charge and custody of and be responsible for all funds and
securities of the Association; (2) receive and give receipts for monies due and payable to the
Association from any source, and deposit all monies in the Association's name in banks, trust
companies, or other depositaries that the Board shall select; (3) submit the books and records to a
Certified Public Accountant or other accountant for annual audit or review; and (4) in general
perform all of the duties incident to the office of Treasurer and any other duties that the President
or Board may assign to the Treasurer. If required by the Board of Directors, the Treasurer shall
give a bond for the faithful performance of the Treasurer's duties and as insurance against the
misappropriation of funds. If a bond is required, it shall be in a sum and with the surety or
sureties that the Board of Directors shall determine.
Section 4.8 Assistant Secretaries and Assistant Treasurers
The assistant Secretaries and assistant Treasurers, in general, shall perform the duties that
the Secretary or Treasurer, respectively, or the President or Board may assign to them. The
assistant Treasurers shall, if required by the Board, give bonds for the faithful performance of
their duties and as insurance against the misappropriation of funds; the bond shall be in sums and
with the sureties that the Board of Directors shall determine.
Section 4.9 Salaries, Loans to, or Guarantees for Officers
The Board of Directors may fix and or adjust salaries of the officers from time to time.
ARTICLE V. INDEMNIFICATION OF DIRECTORS, OFFICERS,
AGENTS, AND EMPLOYEES
Section 5.1 Indemnification of Directors
Page 12 of 17
An officer and the Board of Directors of the Association, any persons acting on a
committee of the Association who is made a party to a proceeding because individuals is or was
a Director or acting on behalf of a Director, shall be and will be indemnified by the Association
against all or any liability incurred, if said individual conducted himself/herself in good faith,
reasonably believed in his/her official capacity that the conduct exercised was in the
Association's best interest, and had no reasonable cause to believe either, that the conduct or
actions were either unlawful or were not in the best interest of the Association. In determining
whether indemnification is applicable, the termination of any proceeding by judgment, order,
settlement, conviction, or any plea is not of itself a determination that the Director or officer did
not meet the standards described in this indemnification section. This provision for
indemnification does not extend to any matters in which the Director or officer is judged liable to
the Association or the Director or officer is charged with and found to have received personal
benefit whether or not arising in his/her official capacity.
Nothing in the indemnification provisions herein contained is deemed to limit or in any
way abrogate any mandatory indemnification provisions for officers, Directors, and agents of
nonprofit corporations provided for from time to time by law.
Section 5.2 Advance Expenses for Directors
The Association may pay for or reimburse, in advance of final disposition of the
proceeding, the reasonable expenses incurred by a Director who is a party to a proceeding if:
(1) by following the procedures of the Montana Nonprofit Corporation Act
the Board of Directors determined that the Director met requirements (3)-(5) listed
below; and
(2) the Board of Directors authorized an advance payment to a Director; and
(3) the Director has furnished the Association with a written affirmation of the
Directors' good faith belief that the Director has met the standard of conduct described in
Section 5.1 of Article V; and
(4) the Director has furnished the Association with a written undertaking,
executed personally or on the Director's behalf, to repay the advance if it is ultimately
determined that the Director did not meet the standard of conduct; the Director's
undertaking must be an unlimited general obligation, but need not be secured, and the
Association may accept the undertaking without reference to financial ability to make
repayment; and
(5) the Board of Directors determines that the facts then known to it would
not preclude indemnification under Section 5.1 of this Article V or the Montana
Nonprofit Corporation Act,
Section 5.3 Indemnification of Officers, Agents and Employees
The Board of Directors may choose to indemnify and advance expenses to any officer,
employee, or agent of the Corporation applying those standards described in Sections 5. t and 5.2
of Article V.
Section 5.4 Mandatory Indemnification
Notwithstanding any other provisions of these Bylaws, the Corporation shall indemnify a
Director or officer, who was wholly successful, on the merits or otherwise, in the defense of any
Page 13 of 17
proceeding to which the Director or officer was a party because he or she is or was a Director or
officer of the Association, against expenses incurred by the Director or officer in connection with
the proceeding.
ARTICLE VI. CONTRACTS, LOANS, CHECKS AND DEPOSITS;
SPECIAL CORPORATE ACTS
Section 6.1 Contracts
The Board of Directors may authorize any officer or officers, agent or agents, to enter
into any contract or execute or deliver any instruments in the name of and on behalf of the
Association and such authorization may be general or confined to specific instruments.
Section 6.2 Loans
The Association shall not allow anyone to contract on behalf of it for indebtedness for
borrowed money unless the Board of Directors authorizes such a contract by resolution. The
Association shall not allow anyone to issue evidence of the Association's indebtedness unless the
Board of Directors authorizes the issuance by resolution. The authorization may be general or
specific.
Section 6.3 Checks, Drafts, etc.
The Board of Directors shall authorize by resolution which officer(s) or agent(s) may
sign and issue all Association checks, drafts or other orders for payment of money, and notes or
other evidence of indebtedness. The Board of Directors shall also determine by resolution the
manner in which these documents will be signed and issued.
Section 6.4 Deposits
The Treasurer shall deposit all funds of the Association, that are not being used, in banks
and other depositories; the Board of Directors shall authorize by Board resolution the exact
location of the banks and depositories.
ARTICLE VII. PROHIBITED TRANSACTIONS AND PRECEDENCE
Section 7.1 Prohibited Transactions
(a) Prohibition Against Sharing in Corporation Earnings. No Member, Director,
officer, employee, committee member, or person connected with the Association shall receive at
any time any of the net earnings or pecuniary profit from the operations of the Association;
provided that this shall not prevent the Association's payment to any person of reasonable
compensation for services rendered to or for the Association in effecting any of its purposes as
determined by the Board of Directors.
(b) Prohibition Against Issuance of Stock, Dividends, Distributions. The Association
shall not have or issue shares of stock. No dividends shall be paid. No part of the income or
assets of the Association shall be distributed to any of the persons listed in Section 2.1 without
full consideration. The Association is prohibited from lending money or to guarantee the
obligation of a Director or officer of the Association. No member of the Association has any
vested right, interest or privilege in or to the assets, property, functions or activities of the
Association. The Association may contract in due course, for reasonable consideration, with its
Members, Directors or officers without violating this provision.
Page 14 of 17
(c) No Personal Distributions Upon Dissolution. None of the persons listed in
Section 2.1(a) shall be entitled to share in the distribution of any of the Association's assets upon
the dissolution of the Association. All Members of the Association are deemed to have expressly
agreed that, upon the dissolution or the winding up of the affairs of the Association, whether
voluntary or involuntary, the assets of the Association, after all debts have been satisfied, then
remaining in the hands of the Board of Directors, shall be distributed, transferred, conveyed,
delivered, and paid over exclusively to the organization or organizations as the Board of
Directors may designate. Receiving organizations must be organized and operated exclusively
for charitable, education, religious or scientific purposes and at the time qualify as an exempt
organization or organizations under Section 501(c)(3) of the Internal Revenue Code of 1986 as it
now exists or may later be amended.
(d) Other Prohibitions. Neither the Association, nor its Directors, nor its officers
have any power to cause the Association to do any of the following with Related Parties:
(1) make any substantial purchase of securities or other property, for more
than adequate consideration in money or money's worth;
(2) sell any substantial part of its securities or other property, for less than an
adequate consideration in money or money's worth.
For the purpose of this subsection, Related Parties means any person who has
made a substantial contribution to the Association, or with a brother, sister, spouse, ancestor, or
lineal descendant of the person giving, or with a corporation directly or indirectly controlled by
the person giving.
Section 7.2 Recognition of Covenants
Covenants, conditions and restrictions contained in the Declaration as same exist or as
same may be amended shall take precedence over these Bylaws in the event of conflict in terms.
ARTICLE VIII. OPEN SPACE AND COMMON AREA MANAGEMENT PLAN
Section 8.1 Responsibility for Open Space and Common Area Management
The Declarant shall be responsible for maintenance of the Open Space and Common
Areas within the Bloomstone Subdivision, which shall include maintenance of the sound wall
and stormwater management measures, until Declarant has sold seventy percent (70%) of the
single family lots within the Bloomstone Subdivision and Declarant has notified the Association
in writing that the Declarant has determined that no additional property shall be added to the
Bloomstone Subdivision, and then responsibility for such maintenance of the Open Space and
Common Areas with the Bloomstone Subdivision shall be transferred to the Association.
ARTICLE IX. AMENDMENTS
Section 9.1 Amendments
(a) General. An amendment (including adding and replacing Sections) to the
Association's Bylaws must be approved by the majority of Members of the Association except
that the Board may approve of amendments, if the amendment does not relate to the number of
Directors, the composition of the Board, the term of office of Directors, or the method or way in
which Directors are elected or selected, or the method for amending these Bylaws.
Page 15 of 17
(b) Notice of Meeting to Vote Amendment. If the Board or the Members seek to have
the amendment approved by the Members at a membership meeting, the Secretary shall give
written notice to the Members of the proposed membership meeting, in accordance with Section
2.6. The notice must state that the purpose, or one of the purposes, of the meeting is to consider
the proposed amendment and must contain or be accompanied by a copy or summary of the
amendment.
(c) Approval ofAmendment by Written Consent or Written Ballot. If the Board or the
Members seek to have the amendment approved by the Members by written consent or by
written ballot, the material soliciting the approval must contain or be accompanied by a copy or a
summary of the amendment.
(d) Member's Rights. The Members may amend or repeal or reinstate any Bylaws
amended, deleted or added by the Board of Directors.
IN WITNESS WHEREOF the undersigned Incorporator, pursuant to § 35-2-217 (1),
MCA, has executed and hereby certifies these Bylaws as duly adopted by said Corporation
this �j&P` day of February, 2015.
Page 16 of 17
STATE OF MONTANA )
) ss.
County of Flathead )
On this day of February 2015, before me the undersigned, a Notary Public
for the State of Montana, personally appeared Mark W. Buckwalter, as Incorporator of
Bloomstone Homeowners' Association, Inc., known to me to be the person whose name is
subscribed to the within instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed Notary Seal
the day and year fist above written.
ZNSW-11)
CAROL PCiT
NOTARY PU$LfCfar the
State of Montana
Residing at Kalispell, fUlontdefa
nqyCommission Expires
July t$, 2046
Notary Public for the State oXV
ana
PrintedName: 34PUL
Page 17 of 17
Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of ,
20 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of
the First Part and hereinafter referred to as the CITY, and
KALISPELL NATIONAL INVESTMENT COMPANY, LLC,
(Name of Developer)
a Montana Limited Liability Cgmpany
(Individual, Company or Corporation)
located at 124 Swan Ridge Court, Kalispell, MT 59901.
(Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
Bloomstone, Phase 1-A West
(Name of Subdivision)
located at
Assessor's Tract 5C {Assessor's No. 00117341, SW114 of Section 36, T29N,
R22W, P.M.,M., Flathead County, Montana
(Location of Subdivision) and,
WHEREAS, the City has conditioned it's approval of the final plat of
Bloomstone, Phase 1-A West, 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 public engineer included herewith as
"Exhibit B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$ 1,130,605.45
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 $ 1,413,256.81.
Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days
following the date set for completion of the improvements, certifying the following:
a. That the creditor guarantees funds in the sum of $ $ 1,413,256.81 the estimated
cost of completing the required improvements in Bloomstone, Phase 1-A West.
(Name of Subdivision)
b. That if the Developer fails to complete the specified improvements within the
required period, the creditor will pay to the City immediately, and without further
action, such funds as are necessary to finance the completion of those improvements up
to the limited of credit stated in the letter;
2. That said required improvements shall be fully completed by April 20, 2016.
3. That upon completion of the required improvements, the Developer shall cause to be
filed with the City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards specified by
the City for their construction and that the Developer warrants said improvements against
any and all defects for a period of two (2) years from the date of acceptance of the
completion of those improvements by the City;
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the City; and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and
specifications of said improvements, with the certification of the registered professional
engineer responsible for their preparation that all required improvements have been installed in
conformance with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS, TO -WIT:
That the Developer shall provide for inspection of all required improvements by a registered
professional engineer before the Developer shall be released from the Subdivision
Improvement Agreement.
That if the City determines that any improvements are not constructed in compliance with the
specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold
collateral sufficient to insure such compliance. If the City determines that the Developer will not
construct any or all of the improvements in accordance with the specifications, or within the
required time limits, it may
withdraw the collateral and employ such funds as may be necessary to construct the
improvement or improvements in accordance with the specifications. The unused portions of the
collateral shall be returned to the Developer or the crediting institution, as is appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and
year herein before written.
(Name of Subdivisio eveloper/Firm)
by G'
Jim Davis, Manager
STATE OF MONTANA
COUNTY OF FLATHEAD
r, AA
On this t(' day of hAolec.�' , 20L5_,, before me, a Notary Public for
the State of Montana, personally appeared Jim Davis, known to me to be the Manager of
Kalispell National Investment Company, LLC, 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.
Notary Public for the State of Montana IeMrNWau roc ►maPrinted Name Cit e. !� Rasa MwWa
Residing at cs 0_Q { rAT "h` C01M"10" """
July 19, Y0/8
My Commission Expires U 1
MAYOR, CITY OF KALISPELL ATTEST:
MAYOR
CITY CLERK
1W4 a. 111 -
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT B % Hachec)
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
Street Base
Sidewalks
Curbs and Gutters
Sanitary Sewers
Mains
Other ( )
On -Site Sewage
Facilities
Water Systems
Mains
Other ( )
On -Site Water Supply
Water Storage Tanks
Fire Hydrants
Storm Sewer or
Drainage Facilities
Street Signs
Street Lighting
Street Monuments
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Dennis Weinberg
RE: Please send this attachment back to me with cover email comments
IDA-- February 23, 2015 at 12:28 PM
Hi Denny,
Per your request ... here are all the accounts at UBS which if you need to liquidate would free up
approximately $1,120,835 and if you add in estimated annual income from your WaterStone
Foundation account of $281,907 would get you to $1,402,742. The Salem ISALM) stock that we are in
Z:>
the process today DTOng into your UBS Living Trust approximately worth $227,336 is not included in
these numbers.
For the latest market updates and other news, please visit our team's website at
www.ubs.coM/team/_moneta
Steven Carmandallan, CIMA(E)
Senior Portfolio Manager
First Vice President -Investments
Wealth Advisor
Moneta Wealth Management
USS Financial Services Inc.
3011 Townsgate Road, Suite 300
Westlake Village, CA 91361
Direct Line: 805-367-3698
Toll Free: 866-260-6129
steven.carmandallan ubs.com
Fax: 855-896-7616
hLttp:/1www.ubs,com
For Operations, please contact:
Teri Swigart 805-367-3696
1)_PBS �� Accounts Account Value Uquidation Value ual Income Paid Est.Ann
Quarterly
w�" "j,
S626,478
S 5833 i I
$45.529
$45.S29
40" A 1 P 1
;4
S zM62
S
-41
$0 $281 .907
TOTAL UBS
V, 120,835 $281,907
*Alc-jv-t visa ._" :#. as V 5
Please visit our website at
http vce'31nC ubs,_ggL_n_/we-M4 - althrE illsplaiin er litnit
for important disclosures and information about our e-mail
policies. For your protection, please do not transmit orders
or instructions by e-mail or include account numbers, Social
Security numbers, credit card numbers, passwords, or other
] ;nf+;
111/2015
klyMerrill - Security
OUr updated viebsite. P N. "'M "k) bw
PRIVATE BANKING&
INVESTMENT GROUP
/ All
Holdings for Weinberg C-1 $226,215A8
Your 2014 laare available. For additional resources, please visa the Ta. 'erirr
11, "w 18,073 00 NASDAQ4,943 02 G ^ S&P 500 2.10126 , 11, j V) Year T,kl t, 2 0- > A
Real-time Quotas
View by Product Class Account Real -Time Quotes
sym.bul Quantiry
Price
Value Day's Value
UrvealizGd
Last
De5c, tphon
{1_ - - 'o
Gaill/Loss
Updated
SAL'A 31,142
$7 2640
5226,216.48
02 44 PM ET
SALEM COlv% INGATNS CORP
2.
A
Short Term Gan
$000
Short Term Loss
Soot)
Total Short Term Gain,Loss
$0.00
Long res rn Gain
-S42.368,91
Lama Tei m LosE,,
-S1.258,75
Total I Long Term Gainil-oss, .$41,1%22
Total $226,215.48 113,301.06 +S41,110.22
is it-, �,04w af .tewj i aoll
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ftlainamv INVESTMENT GROUP
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aflomAl tri '.'7,'as,.. .. wl� Furf;tnilh rl,xrnpur"�, P1 ?'S 1�- "qlU w of
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Denny Weinberg
2510 AEhambra Court
Camarillo, CA 93012
Silver Creek Low Vol Strategies, Ltd.
Account Statement for the Month & Year -To -Date
December 31, 2014
Account Name: Denny Weinberg IRA
CURRENT MONTH ACTIVITY FOR YOUR ACCOUNT Eligible for New Issue? No
Shares Owned
Beginning NAV
Subscriptions Redemptions
Net Income
(Loss)
Ending NAV
Ending Ending NAV
Shares per Share
Est. Net
Return for
Period
LVI Class SR Series 0813-F6
$ 267,266
S 7,696 S (73) S
286 S
275.175
1,296,60
$ 212.23
0.11%
LVI Class S Series BR_0308-F6
5,511
- (947)
307
4,871
397.53
12.25
5.57%
LVI Class S Series BR_0707A-F6
32,984
32,984
204,74
161,10
0.00%
LVI Class S Series BR_07078-F6
-
-
152.90
0.00%
LVI Class S Series BR 0807A-F6
2,343
(451)
(13)
1,879
395.20
4.75
(0.54)%
LVI Class S Series BR_0807B-F6
2,457
159
2,616
21.45
121.94
6.46%
LVI Class S Series BR_0908A-F6
22,021
(1,654)
186
20,553
278,14
73.90
0.85;b
LVI Class S Series BR_0908B-F6
2,560
(306)
(30)
2,224
21.54
103.28
(1.18)%
LVI Class S Series BR_0908C-F6
33,817
(4,338)
(348)
29,131
210.26
138.54
(1.03)%
Totals S 368,959 $ 7,696 S (7,769) S 547 $369,433
CURRENT YE4R-T0-DATE ACTIVITY FOR YOUR ACCOUNT
Shares Owned
Beginning NAV
Subscriptions Redemptions
Net Income
(Loss)
Ending NAV
Ending Ending NAV
Shares per Share
Est. Net
Return for
Period
LVI Class BR Series 0813-F6
$ 342,650
$ 30,182 S (115,299) $
17,642 $
275.175
1,296.60
S 212.23
6,39%
LVI Class S Series BR_0308-F6
7.264
- (2,984)
591
4,871
397.53
12.25
10,14%
LVI Class S Series BR_0707A-F6
37,661
(6,660)
1,983
32,984
204.74
161,10
5.39%
LVI Class S Series BR_0707B-F6
152.90
O.GG%
LVI Class S Series BR_0807A-F6
3,031
(1,046)
(106)
1,879
395.20
4.75
(3.44)%
LVI Class S Series BR_0807B-F6
3,258
(709)
67
2,616
21,45
121,94
3.31 %
LVI Class S Series BR_0908A-F6
30,235
(10,307)
625
20,553
278.14
73.90
2.49%
LVI Class S Series BR_0908B-F6
2,660
(613)
177
2,224
21.54
103.28
7.27%
LVI Class S Series BR_0908C-F6
35.482
(7,863)
1,512
29,131
2%26
138.54
4.64%
Totals
S 462,241
$ 30,182 $ (145,481) S
22,491 S
C 369,433
Net income (Loss) and Net Asset Value figures are net of applicable operating expenses, management fees and estimated performance allocations. The information presented is
estimated and unaudited and is based on information from third -party sources that may be inaccurate, incomplete or subject to change due to restatements, audit adjustments or
other factors. This document is for informational purposes only and does not constitute an offer or a solicitation of an offer to buy an interest in the fund. Past results of funds
managed by Silver Creek are not necessarily indicative of future performance of the Silver Creek funds, and the funds' performance may be volatile.
The beginning of quarter Net Asset Value for Silver Creek Low Vol Strategies, Ltd. was S272,523,901. The current Net Asset Value for the Fund is $261,212,613
Account Statement Prepared By,
SEINew ways.
New answers:
Silver Creek Capital Management LLC Administrator to Silver Creek Low Vol Strategies. Ltd.
February 26, 2015
City of Kalispell Public Works
PO Box 1997
Kalispell, MT 59903
406.758.7720
Re: Bloomstone Phase 1 A West
Engineer's Estimate of Improvement's Cost
Attached to this letter is an engineer's estimate of costs to construct the remaining
improvements for the Bloomstone Phase 1 A West Subdivision. The grand total cost is
$1,130,605.45.
00000909000,0
®®®®, 0O N 7 4 ®®®
® R08ER7
SM17H
Robert Smith, PE ®7a No. 12592Pe
00".
Project Engineer
%�.
®S'.9NAL••E ®®®.
BLOOMST.ONE DEVELOPMENT--,°PHASE.1 A°"WEST
Project'Bid.itetiif%
Costs
#
IDescription
Quantity Unit
Unit Cost
I Total Cost
Gereralltems
„
1
Mobilization (3% max)
1
EA
$ 12,500.00
$ 12,500.00
2
Taxes, bonds, insurance
1
EA
$ 3,000.00
$ 3,000.00
3
Clearing, grubbing & removals
10
Acres
$ 1,850.00
$ 18,500.00
4
Erosion/Dust Control
1
EA
$ 18,500.00
$ 18,500.00
5
Bathroom Facilities
1
EA
$ 750.00
$ 750.00
6
Modelling and Staking
1
EA
$ 26,550.00
$ 26,550.00
7
Worksite Safety
1
EA
$ 1,450.00
$ 1,450.00
8
Quality Assurance / Quality Control
1
EA
$ 1,750.00
$ 1,750.00
9
Materials Testing
1
EA
$ 16,500.00
$ 16,500.00
10
Park Landscaping & Irrigation (Benches, Playground equipment, Etc)
1.25
Acres
$ 35,000.00
$ 35,000.00
11
Sound Fencing- Noise mitigation
1,800
LF
$ 41.00
$ 73,800.00
12
Sound Berming- 2 FT High at 3:1 Slopes
200
CY
$ 16.50
$ 3,300.00
General Items Sub -Total Cost =
$ 211,600.00
:Util $itlitems-``' fi!"
,;Costs °1
Description
Quantity
I Unit
I Unit Cost Total Cost
Utility,ltem5°
13
Flathead Electric Co -Op
1
EA
$ 175,162.00
$ 175,162.00
14
Northwestern Energy Gas
1
EA
$ 93,000.00
$ 93,000.00
15
Centurylink Telephone
1
EA
$ -
$ -
16
Charter Cable
1
EA
1 $ -
$ -
Utility Items Sub -Total Cost =
$ 268,162.00
Treeiirie`Rodd,Area,
#
Description
Quantity
Unit
Unit Cost
Total Cost
17
Excavation (unclassified embankment in place)
1,115
CY
$ 16.50
$ 18,397.50
18
Geotextile Fabric
23,000
SF
$ 0.17
$ 3,910.00
19
Sub Base Course, 15" thickness
23,000
SF
$ 1.34
$ 30,820.00
20
Crushed Base Course, 6" thickness
23,000
SF
$ 0.67
$ 15,410.00
21
Asphalt, 4" thickness
20,600
SF
$ 2.02
$ 41,612.00
22
Curb & Gutter
990
LF
$ 16.65
$ 16,483.50
23
Valley Gutter, across intersections
160
LF
$ 72.00
$ 11,520.00
24
Sidewalk, 4" thickness
4,350
SF
$ 3.85
$ 16,747.50
25
Sidewalk Base Course, 6" thickness
4,350
5F
$ 1.06
$ 4,611.00
26
ADA Ramps
14
EA
$ 450.00
$ 6,300.00
27
Boulevard Topsoil
5,500
SF
$ 0.52
$ 2,860.00
28
Boulevard Trees With Irrigation
38
EA
$ 350.00
$ 13,300.00
29
Existing Manhole Rim Adjustment & New Concrete Ring
10
EA
$ 765.00
$ 7,650.00
30
Existing Storm Inlet Grate Adjustment
2
EA
$ 765.00
$ 1,530.00
31
Existing Valve Box Adjustment & New Concrete Ring
14
EA
$ 485.00
1 $ 6,790.00
32
Stormwater Curb Inlet (installed into existing Treeline Rd)
1
EA
$ 3,985.00
$ 3,985.00
33
Stormwater Manhole, 60" dia, w/ Traffic Lid & Conc Ring
1
EA
$ 3,950.00
$ 3,950.00
34
Stormwater Manhole Modification, Add 42" & 30" Penetrations
1
EA
$ 3,650.00
$ 3,650.00
35
Stormwater Main Extension, 42"piping
72
LF
$ 195.00
$ 14,040.00
36
Stormwater Main Extension, 36 " piping
80
LF
$ 170.00
$ 13,600.00
37
Stormwater Main Extension, 30"piping
72
LF
$ 164.00
$ 11,808.00
38
Stormwater Main Extension, 12 " piping
66
LF
$ 36.00
$ 2,376.00
woik'Syst6llmlworleas
.
39
Water Main, Remove Existing 12" Cap & Thrust Block
1
EA
$ 1,150.00
$ 1,150.00
40
Water Main, Remove Existing 8" Cap & Thrust Block
2
EA
$ 1,150.00
$ 2,300.00
41
Water Main Extension, i2" C900 Class 150 PVC Piping
90
LF
$ 52.00
$ 4,680.00
42
Water Main Extension, 10" C900 Class 150 PVC Piping
48
LF
$ 49.50
$ 2,376.00
43
Water Main Extensions, 8" C900 Class 150 PVC Piping
120
LF
$ 42.00
$ 5,040.00
44
Water Main Tee, 12"x12"xl0" MJ w/ Thrust Block
1
EA
$ 675.00
$ 675.00
45
Water Main Tee, 12"xl2"x8" MJ w/ Thrust Block
1
EA
$ 675.00
$ 675.00
46
Water Main Tee, 12"x12"x6" MJ w/ Thrust Block
1
EA
$ 675.00
$ 675.00
47
Water Main End Cap, 12" MJ w/ Thrust Block
1
EA
$ 650.00
$ 650.00
48
Water Main Valve, Curb Box & Conc Ring, 12" MJ Gate Valve
1
EA
$ 3,750.00
$ 3,750.00
49
Water Main Valve, Curb Box & Conc Ring, 10" MJ Gate Valve
1
EA
$ 3,425.00
$ 3,425.00
50
Water Main 22.5d Bend, 8" MJ w/ Thrust Block
1
EA
$ 475.00
$ 475.00
51
Water Main Valve, Curb Box & Conc Ring, 8" MJ Gate Valve
2
EA
$ 2,950.00
$ 5,900.00
52
Water Main End Cap, 8" MJ w/ Thrust Block
2
EA
$ 475.00
$ 950.00
53
Fire Hydrant Assembly (6" valve, box, lead & hydrant)
1
EA
$ 5,350.00
$ 5,350.00
Sanitary Sewei System Work ..''; , . ' �`-
54
ISewer Main Extension, 10" SDR35 PVC Piping
80
LF
$ 46.00
$ 3,680.00
55
ISewer Main End Cap, 10" dia
1
EA
$ 275.00
$ 275.00
56
ISewer Main Extension, 8" SDR35 PVC Piping
160
LF
$ 42.00
$ 6,720.00
57
ISewer Main End Cap, 8" dia
2
EA
$ 250.00
$ 500.00
Electrical System
Wotk ,.
58
Clean & Install Pull String in Existing 6" Conduit
3,400
LF
$ 0.26
$ 884.00
59
Clean & Install Pull String in Existing 3" Conduit
3,150
LF
$ 0.26
$ 819.00
60
Adjust Existing Lightpole Bases as Necessary
3
EA
$ 925.00
$ 2,775.00
61
Common Utility Trench
834
LF
$ 6.75
$ 5,629.50
62
6"sch 40 PVC Conduit w/ Pull String, including sweeps
415
LF
$ 5.95
$ 2,469.25
63
4" sch 40 PVC Conduit w/ Pull String, including sweeps
125
LF
$ 2.95
$ 368.75
64
V and 2" sch 40 PVC Conduit w/ Pull String, including sweeps
860
LF
$ 1.35
$ 1,161.00
65
3" sch 40 PVC Conduit w/ Pull String, including sweeps
815
LF
$ 1.95
$ 1,589.25
66
3 Phase Can Vault, 84"x56"x48"concrete
2
EA
$ 21200.00
$ 4,400.00
67
Light Pole Bases
3
EA
$ 1,150.00
$ 3,450.00
68
Overhead Lighting Poles
6
EA
$ -
$ -
Treeline Road Area Items Sub -Total Cost =
$ 324,142.25
�, "..;Hollyhockrand`Blbzingstar;Roads;;Area"
� .-
i_ „
#
IDescription
Quantity
Unit I
Unit Cost I
Total Cost
Street Work
69
Excavation (unclassified embankment in place)
1,890
CY
$ 16,50
$ 31,185.00
70
Geotextile Fabric
31,100
SF
$ 0.17
$ 5,287.00
71
Sub Base Course, 9" thickness
31,100
SF
$ 0.85
$ 26,435.00
72
Crushed Base Course, 6" thickness
31,100
SF
$ 0.68
$ 21,148.00
73
Asphalt, 4" thickness
27,600
SF
$ 2.02
$ 55,752.00
74
Curb & Gutter, standard
185
LF
$ 22.57
$ 4,175.45
75
Curb & Gutter, drive over
1,445
LF
$ 15.50
$ 22,397.50
76
Valley Gutter, along mailbox
70
LF
$ 72,00
$ 5,040.00
77
Valley Gutter across intersection
55
LF
$ 72,00
$ 3,960.00
78
Sidewalk, 4" thickness
11,900
SF
$ 3.87
$ 46,053.00
79
Sidewalk Base Course, 6" thickness
11,900
SF
$ 1.07
$ 12,733.00
80
ADA Ramp
8
EA
$ 450.00
$ 3,600.00
81
Boulevard Topsoil
11,900
SY
$ 0.52
$ 6,188.00
82
Boulevard Trees & Irrigation
33
EA
$ 350.00
$ 11,550.00
83
Existing Manhole Rim Adjustment & New Concrete Ring
6
EA
$ 765.00
$ 4,590.00
84
Existing Storm Inlet Grate Adjustment
4
EA
$ 765.00
$ 3,060.00
85
Existing Valve Box Adjustment & New Concrete Ring
5
EA
$ 485.00
$ 2,425.00
86
Mailbox Foundation and Two 16 Slot Cluster Box Units
1
EA
$ 3,500.00
$ 3,500.00
Wpter3ysfem
Work.,'.= , x.
87
lFire Hydrant Relocation (up to 20 ft horizontal adjustment)
11 EA 1 $ 3,850.00 1 $ 3,850.00
Detentlon'Area
Works ,f x
88
Excavation (unclassified embankment In place)
2001
CY
$ 16.50
1 $ 3,300.00
89
Fencing, 4 ft vinyl coated chain link
750
LF
$ 10.00
$ 7,500.00
90
Fencing Gates, double panel
2
EA
$ 350.00
$ 700.00
91
Turf covered spillway / overflow areas
2560
SY
$ 1.30
$ 3,328.00
92
Pipe outfall rip -rapping
500
SF
$ 26.00
$ 13,000.00
Elechica6$ystomWo7k ,
93
Common Utility Trench
1,325
LF
$ 6.75
$ 8,943.75
94
3" sch 40 PVC Conduit w/ Pull String, including sweeps
1,815
LF
$ 1.95
$ 3,539.25
95
1" and 2" sch 40 PVC Conduit w/ Pull String, including sweeps
2,675
LF
$ 1.35
$ 3,611.25
96
1 Phase Transformer Vault, 48"x48"x48" concrete
3
EA
$ 1,350.00
$ 4,050.00
97
Install FEC Provided Service Pedestals
14
EA
$ 250.00
$ 3,500.00
98
Light Pole Bases
2
EA
$ 1,150.00
$ 2,300.00
99
Overhead Lighting Poles
2
EA
$ -
$ -
Hollyhock & Blazingstar Roads Area Items Sub -Total Cost
I
$ 326,701.20
Totol Cost _-
GeneralltemsSub-TotalCost=
$ 211,600.00G
Utilitly Item Sub -Total Cost =
$ 268,162.00
Treeline Road Area Items Sub -Total Cost =
$ 324,142.25
Hollyhock & Blazingstar Roads Area Items Sub -Total Cost =
$ 326,701.20
Grand -Total Cost =
$ 1,130,605.45
Point
Box 329
Kila, MT 59920
I Name / Address I
KNIC
Bloomstone Subdivision
Date
Estimate #
2/23/2015
SoundFence
Description
Qty
Cost
Total
1800 feet of 6' Simtek Sound Fence per lineal foot
1,800
28.80
51,840.00
Concrete to meet; product install engineering specifications
3,960.00
3,960.00
Labor Install
1,800
10.00
18,000.00
Total $73, 800.00
13 2015 Preferred Dealer Price List
EcoStone
FP72X72 Fence Panel 72-*'H x 70" W
60 lbs 22 per pallet 67.00
FP36X72 Fence Panel 36"H x 707 W 36 lbs 44 per pallet $1 D7.00 $85.00
FP96X96 Fence Panel 96"H x 94.5-W 120 lbs 20 per pallet $334.00 $266.00
(two 4W'panels stacked) (204?Wpaneis)
... . . ......
FP48X96 Fence Panel 48"H x 94.5"W 60 lbs 20 per pallet S167.00 $133.00
GT72X72
Gate 70"H X 72" W
GT72X60
Gate 70"H x 60" W
72X48
Gate 70"H x 48" W
GT72X36
Gate 70"H x 36" W
GT48X48
Gate 48"1H x 481, W
GT96X48
Gate 96"H x 48" W
90 lbs
I per box
$459.00
$409.OD
87 lbs
I per box
$459.00
9409.00
67 lbs
1 per box
$359.00
$309.00
62 lbs
I per box
$359.00
S309-00
59 lbs
I per box
$359.00
$309.00
110 lbs
I per box
$669.00
$509.00
T�'
Drop Rod Set
as
1 Bracket
S Screws
Hinge Set (includes)
Latch Rod Set
(includes)
I Pin
2 Hinges
I Latch, I Striker Rod
2 Salf Tapping seraws
2 Button Huad Surevira
I Allen Wronch
G Self Tapping Screws
$50m
$20.00
$30.00
zzz-11*11 :
41 T
For every 4�<Tcut limice
parml. . Pon rnelul
qu'red.
11111�1101 is M
$8,00
Nal
UK
Montana Department QM�
of Environmental Quality
February 23, 2015
Rob Smith, PE
A2Z Engineering
138 East Center Street, Suite A
Kalispell, MT 59901
RE: Bloomstone Phase 1A West, City of Kalispell, MT
Water and Sanitary Sewer Extensions — Conditional Approval
EQ#15-1101
Dear Mr. Smith:
Thank you for the additional information and revised plans and specifications for the water and
sanitary sewer extensions proposed to serve Bloomstone Phase 1A West, received February 18 & 20,
2015. They were reviewed along with the original July 30, 2014 and August 29, 2014 submittals, all
under the seal of Robert Smith, PE#12592. The project was reviewed under Circular Design
Standards DEQ-1, 2006 Edition and Circular Design Standards DEQ-2, 2012 Edition.
The City of Kalispell approval of the plans was received February 17, 2015. The original Municipal
Facility Exclusion (MFE) granted June 30, 2008, continues to be honored. As such, the on -site
stormwater design and plans are directly reviewed and approved by the City of Kalispell.
The water and sanitary sewer improvements plans and specifications, received February 18&
20, 2015, proposed to serve Bloomstone Phase 1A West, are hereby approved with the
conditions listed below. One copy of the plans and specifications bearing the approval stamp of the
Department of Environmental Quality is enclosed. A second set will be retained as Department
Record.
The water and sanitary sewer infrastructure within Bloomstone Phase 1A West is approved to serve
25 single-family residential lots and one apartment complex lot containing 96 apartment units. The
design peak wastewater outflow from this phase is estimated to be 0.56 gpm per EDU, totaling 54
gpm. The design maximum day water demand for this phase is estimated to be 92 gpm. Fire flow
requirements are 1000 gpm fire hydrant flow for 2 hours within the single family residential home area
and 1500 gpm fire hydrant flow within the apartment complex area.
Wastewater collection capacity measured at the Grandview lift station was detailed in the City of
Kalispell October 17, 2014 letter. Further, the City of Kalispell applied for and was granted a deviation
request on January 14, 2015, regarding "Sewer Line A" sanitary sewer collection capacity further
downstream, which allowed for additional proposed connections, conditioned upon an implementation
schedule for the Westside Sewer Interceptor.
Steve Bullock, Governor I Tom Livers, Director 1 655 Timberwolf Parkway Suite 3 1 Kalispell, MT 59901-1215 1 (406) 755-8985 1 www.deq.mt.gov
Bloomstone Phase 1A West, City of Kalispell, MT
Water and Sanitary Sewer Extensions — Conditional Approval
EQ#15-1101
February 23, 2015
Page 2 of 3
Water Main
In general, the water main extensions already in place, but not tested and certified, includes:
approximately 2670 In.ft. of 8-inch water main (PVC C900 CL150), 320 In.ft. of 12-inch water main
(PVC C900 CL150), 7 fire hydrants, and 15 gate valves, located in Treeline Drive, Hollyhock Lane,
Blazingstar Road and the Apartment complex loop. Fire hydrant locations were approved by the
Kalispell Fire Marshall.
Proposed new water main includes: approximately 570 In.ft. of 10-inch water main (PVC C900
CL150), 70 In.ft. of 12-inch water main (PVC C900 CL150), one fire hydrant, and 4 gate valves all
located in Blazingstar Road and the lower apartment complex loop (south).
Sanitary Sewer Main
In general, the sanitary sewer water main extensions already in place, but not tested and certified,
includes: approximately 1930 feet of 8-inch diameter PVC SDR 35 gravity sewer main and 13
manholes in Treeline Drive, Blazingstar Road and the Apartment Complex Loops -North and South.
Proposed new sanitary sewer main includes: 240 feet of 8-inch diameter PVC SDR 35 gravity sewer
main in Treeline Drive.
Condition One: DEQ approval of this submittal and City of Kalispell capacity strictly pertains
to Bloomstone Phase 1A West. Subsequent phases are NOT approved at this time.
Condition Two: The water system was designed for a maximum fire hydrant fire flow of 1500
gpm at 20 psi, based on the assumption that a fire hydrant flow reduction will be granted from
the City of Kalispell Fire Chief. The apartment complex buildings must be installed with
interior, automatic sprinkler systems in order to rely on the fire flow reduction.
Condition Three: Prior to placing any of the water and sanitary sewer mains herein approved
into use, an engineer's certification letter must be provided. Additionally, the letter must
include documentation regarding the previously installed water and sanitary sewer mains
including: water main pressure test results, thrust blocking verification, copies of Total coliform
bacteria sample results, light test and air test of the sanitary sewer and verification that proper
bedding material was used during installation.
Approval is given with the understanding that any deviation from the approved plans and
specifications will be submitted to the Department for reappraisal and approval. The project may not
be placed into service until the project engineer or designer certifies by letter to the Department that
the activated portion of the project was constructed in substantial accordance with the plans and
specifications approved by the Department and there are no deviations from the design standards
other than those previously approved by the department. Within 90 days after the completion of
construction, 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.
Bloomstone Phase I West, City of Kalispell, MT
Water and Sanitary Sewer Extensions — Conditional Approval
EQ#15-1101
February 23, 2015
Page 3 of 3
Department approval of this project covers only those portions of the plans and specifications that are
subject to the Department's review authority under the Public Water Supply Laws (MCA 75-6) and the
Administrative Rules promulgated thereunder (ARM 17.38). This approval does not cover items
found within the plans and specifications, that are outside of the Department's review authority,
including but not limited to: electrical work, architecture, site grading or water and sewer service
connections.
Thank you for your efforts regarding this submittal. If you have any further questions, please contact
me at (406) 755-8979 or egillespiea-mt.gov
Sincerely, N
Emily J. spie, P.E.
Public r Supply and Subdivisions Bureau
C: Keith Haskins, City of Kalispell Public Works
Wendee Jacobs, Flathead County Environmental Health
MDEQ Plan Review File
MDEQ PWS File#259
Montana Department of
ENwRoN-ENTALQUIU-ITY
P.O. Box 200901
Greg Lukasik PE
Morrison-Maierie Inc
PO Box 8057
Kalispell MT 59904
Dear Mr Lukasik:
Brian Schweitzer, Governor
• Helena, NIT 59620-0901 (406) 444-2544 www.deq.mt.gov
June 30, 2008
RE: Bloomstone Phase 1 A
Municipal Facilities Exclusion
EQ#08-2995
City of Kalispell
Flathead County
This is to certify that the information and fees received by the Department of Environmental Quality relating to this
subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-125(2)(d), MCA, this
subdivision is not subject to review, and the plat can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed {76-4-111 (3), MCA) . Construction of water or sewer extensions prior to DEQ,
Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6
and Title 76, Chapter 4.
This file has been mailed to the Public Water Supply Section, Kalispell Office for review of the extensions.
Sincerely,
G+✓i2�`�C�.
anet Skaarland
Compliance Specialist
Subdivision Section
(406) 444-1801— email jskaarland(a—?mt.gov
cc: City Engineer
County Sanitarian
file
Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division
MUNICIPAL FACILITIES EXCLUSION CHECKLIST
(formerly called master plan exclusion)
Enclosed please find the information required under §76-4-127 MCA and ARTM 17.36.60 ding unc� 1
facilities exclusion for this subdivision within a growth policy area or first-class or secon I s m g)cipalrry
..(formerly referred to as master plan exclusions). Use of this checklist is only appropriate when �'fl unici4 ty is _
..providing the water and sewer main service and when the municipality's engineering staff reviewrr4,t ie pla Fand \
specifications prior to approval: ft
" 4
1. Name of Subdivision: Bloomstone Phase 1-A
Kalispell, Montana
Name and address of the applicant: Kalispell National Investment Company
124 Swan Ridge Court, Kalispell, MT 59901
I. Name and address of engineer: Morrison-Maierle, Inc. Attn: Greg Lukasik P.E.
1228 Whitefish Stage Road, P.O. Box 8057, Kalispell, MT 59904
4. Copy of the preliminary or final plat: Attached, Number of parcels in the subdivision:
5. A copy of any applicable zoning ordinances in effect: On file: R-4/PUD
6. How construction of the sewage disposal and water supply systems or extensions will be financed
(method of financing): Private
7. Certification that the subdivision is within a jurisdictional area that has adopted a growth policy or
within a first-class or second-class municipality: First class city
8. Copy of Growth Policy: On file N/A Attached:
9. Location of the subdivision to the city or town, vicinity map attached: Yes X No
10. Will the owner of the municipal facilities own, operate and maintain the water supply, sewage disposal
solid waste, and storm water facilities? Yes X No (W W lift station -private)
11. Will all water and sewer mains or extensions as defined in §76-4-102, MCA, be under the control and
maintenance of the certifying municipality? Yes X No
12. Will an extension of the existing sewer main(s) be necessary to serve this subdivision?
Yes X No
13. Will an extension of the existing water main(s) be necessary to serve this subdivision?
Yes X No
14. Exclusion Checklist review fee, $75, included: Yes X No
15. I certify that adequate municipal facilities for the supply of water and disposal of sewage and solid
waste are available or will be provided within one..(1-year after notice of certification is issued, and,
I certify that the governing body has reviewed and approved plans to ensure adequate storm water
drainage.
Name Y `— �J! `u' 1 Title u t c- (_,dD .4lGSPi IsT C• z-V t57 �,
(� b
Dept City Kalispell, Montana
Send with the $75 review fee to: IF-!
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY
SUBDIVISION REVIEW SECTION/WATER PROTECTION BUREAU JUN 04 2NA
PERMITTING AND COMPLIANCE DIVISION
P O BOX 200901 Department c
vironnientol Quality
HELENA, MT 59620 _ P011 Rogional Office
02/23/2015 16:38 FAX 406 758 5519
[�001
FLTH CNTY
Plat Room
Flathead County, Montana
800 S. Main St,
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY : Big Sky Surveying apda-Xid ;Z
FOR:. Kalispell National Investment Co L.LC DATE: 8/6/2014
DESCP : Bloomstone PH 1-A West PURPOSE: Subdivision
(TR 5C in 36-29-22)
YEARS ASSESSOR #
2010 thru 2013
_ V
0011734
l hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above, fb"he years indicated for
each assessor number. / ) d,
� [AD CQ��
/oeputasurer
(s )
J
�oNTANP ��
Planning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannina
MEMORANDUM
To: Jim Davis, Applicant
Rob Smith, A2Z Engineering
From: City of Kalispell Site Review Committee
Date: June 24, 2014
Subject: Bloomstone (KPUD-07-07) Planned Unit Development (PUD) Modification
Kalispell Site Review Committee Determination
The City of Kalispell received your request to modify the approved Bloomstone PUD. The
request includes the addition of four 8-unit apartment buildings into an expanded Phase 1-A
West along the proposed Alternate Highway 93 (Kalispell Bypass), the development of ten 8-unit
apartment buildings in Phase 3 in place of 48 z-lots (clustered single-family housing) also along
the proposed Alternate Highway 93, and the elimination of six 8-unit condominiums along Four
Mile Drive in Phase 5 to accommodate future road widening by Montana Department of
Transportation.
The `updated project phasing' submitted by A2Z Engineering was reviewed by the Kalispell Site
Review Committee at their meeting on June 19, 2014. The committee determined that the
overall dwelling unit count for the entire Bloomstone development would increase by 16 units.
However, the consumption of Equivalent Residential Units (ERUs) would remain unchanged due
to a difference in accounting for ERUs in multi -family dwellings versus single-family dwelling
(0.75 ERUs per unit versus 1.0 ERU per unit, respectively). The committee also determined that
overall road network was substantially similar to the original PUD proposal. Based on these
determinations, the committee found that the proposed modifications constituted a "minor
modification" to the approved PUD.
All of the relevant, associated PUD and Preliminary Plat conditions adopted by the Kalispell City
Council shall remain in effect. Demonstration of compliance with the conditions is required at
the time of final plat application.
If you have any questions about this determination, please feel free to contact the Kalispell
Planning Department or the Kalispell Public Works Department.
2011s`Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406)758-7720 — Fax (406)758-7831
www.kalisnell,cam
February 13, 2015
Robert Smith, PE
A2Z Engineering, PLLC
138 East Center Street, Suite A
Kalispell, MT 59901
RE: Bloomstone Phase 1A West— Engineering Approval
Dear Mr. Smith:
The revised construction drawings and design report submitted February 11, 2015 for Bloomstone
Phase 1A West are hereby approved contingent on the following items:
• A note on the final plat stating engineering recommendations such as foundation types,
footing pressure, and the 100 year post developed high water elevation.
Approval does not relieve you, nor the contractor from designing or constructing this project in
accordance with the standards currently in effect. If more than 18 months lapse before completing
construction, plans and specifications must be resubmitted and approved before construction
continues.
Please contact Mark Crowley at 249-2485 to set up a pre -construction meeting prior to beginning
construction. At project completion, please provide the City with record drawings.
We look forward to working with you on this project.
Sincerely,
i�'
kp 4_z��
Keith Haskins, PE
Senior Civil Engineer
2011' Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406) 758-7720 — Fax (406) 758-7831
www.kalispell.com
February 27, 2015
Augusta Kickbusch
Big Sky Surveying
1050 South Central Ave.
Sidney, MT 59270
RE: Bloomstone, Phase 1 -A West— Addressing Review
Dear Ms. Kickbusch:
The Subdivision Plat of Bloomstone, Phase 1-A West dated February 27, 2015 has been
reviewed for proper road naming and addressing by the City of Kalispell Public Works
Department. The road naming and addressing shown comply with the existing road naming and
addressing sequence of adjacent properties and are hereby approved.
Sincerely, ',/`
�„_,,,,� 14,-- f
Aaron McConkey, PE
City Project Manager
758-7721
Cc: City of Kalispell Planning Department, Jarod Nygren Senior Planner
Jim Davis, via email
2011" Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406) 758-7720 — Fax (406) 758-7831
www.kalispell.com
February 27, 2015
Augusta Kickbusch
Big Sky Surveying
1050 South Central Ave.
Sidney, MT 59270
RE: Bloomstone, Phase 1-A West— Utility Easement Review
Dear Ms. Kickbusch:
In accordance with General Condition number 21 of Resolution No. 5275, the purpose of this letter is to
acknowledge proper easements for City of Kalispell utilities are shown on the Final Plat titled,
"BLOOMSTONE, PHASE 1-A WEST". This approval of easements shown on the Final Plat is only for
Phase 1-A West and only for utilities to be completed in this phase. Construction of the utilities is not yet
complete. Therefore, any changes to approved plans requiring modification to easement locations as
shown on the plat nullifies this approval and may require modification to the plat.
Sincerely,
A,14A�4
Aaron McConkey, PE
Project Manager
406-758-7721
Cc: City of Kalispell Planning Department, Jarod Nygren Senior Planner
Jim Davis, via email
Montana Department of Transpor#a#ion_..._..._.___
Kalispeif Areo office
85=ffh Avenue Iasi Jvorn
O Box 7308
Kalispell, Ali 59904-0308
December 23, 2014
Robert Smith
A2Z Engineering
138 East Center St., Ste A
Kalispell, MT 59901-4006
Subject: Bloomstone Development & Kalispell Bypass
Michoei T. Tooley, Director
Sfeve Bullock, Governor
This is letter is in regards to the Bloomstone Development's conditions of approval for
subdivision platting. Condition number 14 is in regards to the necessary right-of-way
being acquired by the Montana Department of Transportation (MDT) for the Kalispell
Bypass.
This letter serves as notification that the necessary right-of-way has been acquired from
the Bloomstone Development along its western boundary for construction of the Kalispell
Bypass.
If you have any questions please feel free to contact me.
n MINZ 0 ®R
James M. Freyholtz, P.E.
Kalispell Area Traffic Engineer
(406) 751-2066
copies: Maureen Walsh, Missoula District Right -of -Way Supervisor
Tom Jentz, City of Kalispell Planning Director
An Equal Opportunity Employer
Pi3ore:3'061'751-2000 UY1 (800J335-7592
Fax: ?4061 752-5767 Wed Page: www.mdi.mi.gov
-KALISPELL FIRE DEPARTMENT
Dave Dedman — Fire Chief PO Box 1997
Jon Campbell — Assistant Fire Chief 312 First Avenue East
Cec Lee — Executive Secretary Kalispell, Montana 59901
Phone: (406) 758-7760
FAX: (406) 758-7777
Wednesday, February 18, 2015
Rob Smith
A2Z Engineering
115 Commons Way
Suite 201 Kalispell MT 59901
Re: Bloomstone Phase 1-A
Dear Rob,
After reviewing the information and plans available for the Bloomstone Phase 1-A I find the hydrant
layout and proposed flow rates acceptable.
Please let me know if you need any more assistance in regards to this project.
Dave Dedman
Fire Chief, City of Kalispell
"Protecting our community with the highest level of professionalism."
From:
Dave Dedman [ddedman@kalispell.com]
Sent:
Tuesday, September 23, 2014 8:42 AM
To:
Rob Smith
Subject:
Bloomstone
Follow Up Flag:
Follow up
Flag Status:
Completed
Robert, after reviewing the plans for the Bloomstone Development phasel-A I note no deficiencies. The turnarounds
are acceptable as there is alternative means for the equipment to navigate.
Dave Dedman
Fire Chief
City of Kalispell
3121st Avenue East
Kalispell, MT 59901
(406)758-7763 office
(406)751-1616 cell
ddedman cgkalispell.com
February 27, 2015
Jim Davis
Bloomstone
124 Swan Ridge Court
Kalispell, MT 59901
Re: Bloomstone Parkland Dedication Phase IA West
Dear Jim:
This letter is to serve as approval of the boulevard, landscaping plans and parkland dedication on phase lA
West per the plans submitted by your office with the conditions outlined below. Subsequent phases will need
to be addressed at the time they come in as the parkland dedication may not be met in future phases as stated in
the PUD.
Tree plantings are required to meet ISA standards for planting, the Street Tree Ordinance standards of 21/4"
caliper and of an approved species from the Kalispell Parks Department planting list. Boulevards are to be
seeded or sodded to meet parks department and city standards. No river rock is to be used in boulevards or
around tree plantings per landscape ordinance 1690. It is also agreed that if this project is extended, the
developer will be responsible for bonding for landscaping improvements on the boulevards.
The park needs to be developed with underground irrigation, undulating topography, grass, play equipment for
ages 5-12 (this will need prior approval before ordering by our department) and a hard surfaced walking path
connecting to the sidewalks to the west and to the east. Trees in the park need to be primarily evergreens with
a few deciduous intermixed. This approval does not cover the park or playground that will be installed in the
apartment area. This will need a separate approval before being developed.
Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings at
which time bonding and/or letter of credit would be released if in place. It should be noted that the trees,
irrigation and landscaping need to have a 1 year warranty period and should something happen within this time
frame, the developer will be responsible for replacement.
Sincerely,
Chad Fincher, Parks and Recreation Director
CC: Tom Jentz, Planning Director
Fred Bicha, Parks Superintendent
3061"Avenue East, P.D. Box 1997, Kalispell, MT 59903 Phone (406)758-7718— Fax (406) 758- 7719
www.kalispell.com
2 UNITED STATES
POSTAL SERVICE
350 N MERIDIAN RD
KALISPELL, MT 59901-9998
January 23, 2015
A2Z Engineering PLLC
138 E Center St Ste A
Kalispell, MT 59901
RE: Final Plat Approval
To Whom It May Concern:
Delivery for Bloomstone Phase 1A West subdivision has been approved for Cluster
Box Unit (CBU) delivery in a turnout format. The developer will provide the CBU's
and cement pads with turnouts at two separate locations as agreed upon mutually.
After purchasing the CBU's, delivery to the Main Post Office on Meridian Rd will be
arranged one month prior to the first occupancy. The Post Office will install and then
be responsible for the lock changes and maintenance of the equipment.
Upon approval of the final plat through Kalispell Planning, a copy (no larger than
11 X1 7) showing addresses, will be provided to the Post Office.
If you have any questions regarding this matter, you may contact me at 257-9796.
Sincerely,
Susii Carter
Customer Service Supervisor, Delivery
March 2, 2015
City of Kalispell
Attn: Planning Department
PO Box 1997
Kalispell, MT 59903
Re: Bloomstone Phase 1 A West, Final Platting
Condition #8
The condition #8 of the final platting for Bloomstone Phase 1 A West reads as follows:
The developer shall submit to the Kalispell Public Works Department prior to construction, a city
storm water management plan for review and approval and a copy of all documents submitted to
Montana Department of Environmental Quality for the General Permit for Storm Water Discharge
Associated with Construction Activities.
A2Z Engineering will ensure the submittal of a Storm Water Pollution Prevention Plan (SWPPP)
meeting the requirements of the City of Kalispell and the Montana Department of Environmental
Quality prior to the commencement of any construction or earth disturbing activities.
Robert Smith, PE
Project Engineer
Nd
.•®s® .....®®..• .
AL �_.®®®•
CMG ENGINERING. INC.
P-O-BOX,51.59 N4
1075 TRUNIBLE CREEK RD.. UNIT I
KALISPELL IMT .599o.3-5i5q
OFFICE, 406-257-8156
�gtaiclFAX: 406-257-81 79
COM
August 9, 2007
Morrison-Maierle, Inc,
PO Box 8057
Kalispell, MT 59904
Attention: Greg Lukasik, PE
Subject: Preliminary Geotechnical Investigation
Glacier Meadows
Kalispell, Montana
CMG Job No. 07-211
At your request, CMG Engineering, Inc. (CMG) has conducted a preliminary geotechnical
investigation for the proposed Glacier Meadows Development in Kalispell, Montana. The Vicinity
Map, Figure 1, shows the general location of the site. The investigation was conducted to evaluate
subsurface materials, conditions at the site, and develop general recommendations regarding
suitability of the subsurface soils for development. The investigation included a review of existing
subsurface information for the site vicinity, subsurface explorations, field and laboratory testing, and
engineering analyses. This report describes the work accomplished and provides our conclusions
and general recommendations for use in the preliminary design and feasibility studies for the
proposed project. CMG has strived to perform the investigation and develop recommendations in
a manner consistent with the degree of care that is presently standard to the geotechnical engineering
profession.
PROJECT DESCRIPTION
The project site consists of approximately85 acres bounded by Four Mile Drive to the south,
City of Kalispell athletic fields to the east, a transmission line easement to the north, and the future
Kalispell Bypass Route to the west. The site currently consists of agricultural fields. We understand
site grading, could consist of significant cut and fill heights greater than 20 feet. We also understand
it is desirable to use on -site soils as fill material. We anticipate the property will be developed with
infrastructure including underground utilities, asphaltic concrete paved roads, and we assume a
mixture of residenaial and commercial structures. Utility construction could extend to depths of
abOUt 10 to 15 feet below the ground surface and proposed buildings will likely be one-, two- or
Glacier Meadows - Kalispell, Montana CMG Engineering, Inc.
three-story structures with concrete slab -on -grade floors, crawl spaces, or possibly basements.
SITE DESCRIPTION
General
The project site is about 85 acres and is surrounded by properties currently being developed.
The site consists of a drumlin feature comprised of a large hill in the south half of the property with
the remainder of the property relatively flat with gently sloping hills and swa-les. The site has been
historically used for agricultural purposes. Fill material was not observed on the site. We also
understand that prior development has not occurred on the site.
Topography
Review of the available topographic maps provided by you, indicate the south half of the site
slopes downward to the south, east and west from the top of the drumlin, approximately 500 ft west
ofthe southeast property corner. The slopes are typically gently sloping at slopes flatter than 3H: IV.
The north half of the site is relatively flat with some relatively small s�vales and rolling terrain.
Elevations on the site range from approximately 3,115 ft at the top of the drumlin along the south
property line to about 3,030 ft near the northeast property comer.
Geology
The project site lies in the Rocky Mountain Trench bounded by the Salish Mountains to the
West and Swan Range to the East. The trench was traversed by the Flathead Glacier and was
covered by substantial areas of glacial lakes during recession of the ice mass. The surficial geology
of the area consists of silts and sands deposited by glacial lakes overlying glacial till soils consisting
of silty gravel with large cobbles and boulders that were deposited during glaciation of the area.
SUBSURFACE CONDITIONS
General
Subsurface materials and conditions at the site were investigated on June 11 and June
19, 2007, with twelve test pits, designatedTP-1 throughTP-12, and two borings, designated B-I and
B-2. The test pits were advanced to depths ranging from about 8.0 to 10.5 ft. The borings were
located near the top of the drumlin and were advanced to depths of 40.2 and 40.6 ft. The
approximate locations of the subsurface explorations are shown on Figure 2. A detailed discussion
of the field exploration. and laboratory testing programs completed for this investigation are provided
in Appendix A. Logs of the test pits and borings are provided in Appendix A on Figures IA through
14A.
Soils
The site has been historically used for agricultural purposes and a 4 to 16 inch thick topsoil
zone was encountered at the ground Surface. 'rho subsurface explorations indicate the soils beneath
the topsoil and cultivated zone are lakebed deposits consisting, of interbedded layers of silt. sand and
silty clay, underlain by dense to very dense silly gravel and gravelly silt with varying percentages of
I
sand. For the purpose of discussion, the materials and soils disclosed by the subsurface explorations
Page 2
Glacier Meadows - Kalispell, Montana CIVIG Engineering, Inc.
r
have been grouped into the following categories:
1. TOPSOIL
2. SILT and SAND
3. Silty GRAVEL or Gravelly SILT (GLACIAL TILL)
1. TOPSOIL, All test pits and borings advanced for this project encountered topsoil at the ground
surface. The topsoil generally consists of dark brown silt with abundant organics and roots. Visual
observations indicate the topsoil is soft to medium stiff. The topsoil thickness ranges from 4 to 16
inches thick with an average thickness of about 12 inches.
2. SILT and SAND. Silt with varying percentages of sand, gravel, and clay was encountered
beneath the topsoil layer in all subsurface explorations. The silt soils generally contain intermittent
layers of sandy silt, and silty clay, and extend to depths ranging from 1.0 to more than 10.5 ft deep.
The sand particles are generally fine grained. The relative consistency of the silt soils range from
medium stiff to very stiff, based on visual observation and Standard Penetration (SPT) blow counts
of 5 to 24. Moisture contents of representative samples range from 6 to 32 percent with the moisture
contents typically increasing with depth. The silt and sand soils are generally underlain by silty
gravel or gravelly silt (Glacial Till) soils. Test Pits TP- I through TP-5, TP-7, TP-9, and TP- 10 were
all terminated in this soil unit at depths of 10 to 10.5 ft.
3. Silty GRAVEL or Gravelly SILT (GLACIAL TILL). Silty gravel or gravelly silt with varying
percentages of sand was encountered beneath the topsoil and silt layers in Borings 13- 1 and B-2, and
Test Pits TP-6, TP-8, TP-1 1,and TP-12. The Glacial Till soils were primarily encountered in the
vicinity of the drumlin in the south half of the site. Scattered cobbles and boulders were encountered
within this soil unit. In addition, rock fragments larger than 3 ) ft maximum size are common in this
soil unit and may be encountered in large cut areas or during utility construction. Moisture contents
of the Glacial Till soils range from 6 to 14 percent. Visual observations during excavation processes
and SPT blow counts of 38 blows per ft to 50 blows for 2 inches indicate the relative density of the
gravel soils is dense to very dense and the relative consistency of the gravelly silt soils is hard.
Borings B- I and B-2 were terminated in this layer at depths of 40.2 and 40.6 ft, respectively. Test
Pits TPA TP-8, TP- 11, and TP-12 were terminated in this layer at depths of 8.0 to 9.0 ft.
Groundwater
Groundwater was not encountered during this investigation; ho-vvever, it should be noted that
ponding water should be anticipated in the low lying areas ofthe site and perched groundwater could
be encountered above the hard and very dense glacial till soils during the relatively wet times of the
year. We anticipate the groundwater level rises and falls in response to rainfall and snowi-nelt.
Numerous other factors may contribute to groundwater fluctuations and occurrence of seepage;
evaluation of these factors requires special study that is beyond the scope of this report.
Page ' )
Glacier Nleadows - Kalispell, Montana CMG Engineering, Inc.
CONCLUSIONS AND RECOMMENDATIONS
General
Based on discussions with you at the time of this investigation, we understand the proposed
development will consist of numerous phases with residential and commercial building lots, sanitary
sewer lines, water lines, stormwater disposal areas, and asphaltic concrete paved roadways. Typical
lot development will consist of one- to two-story structures with three-story structures, possible. We
anticipate cuts and fills tip to possibly 20 ft or more in height may be planned for this development.
In our opinion, the site soils are suitable for development; however, due to the relatively low near
surface moisture contents in the silt and sand soils, significant moisture conditioning of the near
surface soils will be necessary to achieve adequate compaction in all settlement sensitive areas. In
addition, silt soils encountered during deep excavations for utility construction will likely need to
be dried using moisture conditioning techniques to achieve adequate compaction in all settlement
sensitive areas.
Site Preparation and Earthwork
The near surface soils encountered during our subsurface investigation consist primarily of
cultivated silts and topsoil. The topsoil will need to be removed in all areas of site grading, roadway,
sidewalk areas, or other settlement sensitive areas prior to commencement of work. The removed
topsoil can be placed over the lots, following mass grading. We anticipate the topsoil thickness will
range from about 4 to 16 inches across much of the site; however, deeper topsoil thickness should
be anticipated in the deeper swale areas in the north half of the site. We recommend an average
topsoil thickness of about 12 to 15 inches be used for planning and design purposes. The cultivated
zone, caused by years of farming, extends to depths of about 2 to 3 ft below the ground surface. The
disturbed cultivated zone will need to be moisture conditioned and compacted to a minimum of 95
percent of the maximum dry density as determined by ASTM D698 prior to commencing work in
all settlement sensitive areas.
The on -site soils encountered below the topsoil are suitable for Structural Fill construction,
provided they are free of organics, and cobbles and boulders larger than 6 inches in size are removed
prior to placement as fill material. Past experience and field density testing of the native soils
compared to the maximum dry density as determined by ASTM D698 indicate the glacial till soils
will not have much of a volumetric shrink factor when comparing projected fill volumes to the cut
locations. However, the silt soils will likely have shrink factors of about 15 to 20%. In addition,
removal of cobbles and boulders from the Glacial Till soils will I result in smaller volumes of suitable
fill material. CMG recommends using an average volumetric shrink factor of about 15% for all on -
site soils.
The soils near the ground surface consist of moisture sensitive fine grained soils with little
cohesion. As a result, these soils can be easily disturbed and strength diminished during
construction, particularly in relatively high moisture content areas and 'where surface water is
allowed to pond. Therefore, positive site drainage is of critical importance to both construction and
long-term performance of the proposed development. Based on our observations during the
subsLirface explorations, it appears the groundwater level is likely greaterthan 10 ft below the ground
surface. 006 recorarriends deeper borings be planned, in the low lying areas during the final
Page 4
Glacier Meadows - Kalispell, Montana CMG Engineering, Inc.
geotechnical investigations for the individual phases to identify and monitor the location of the
gr
oundwater level in relationship to the planned development.
Soils encountered at the site are moisture -sensitive and are easily disturbed by construction
activities and traffic. Heavy construction traffic should not travel directly over fine-grained subgrade
soils in areas where the soil is near or -vvet of the optimum moisture content as determined by ASTM
D698. In areas where heavy construction traffic is anticipated, haul roads with a minimum gravel
thickness of 2 feet should be constructed over the planned subgrade. The gravel should consist of
a well -graded pit run gravel with a maximum size, of 3 inches with no more than 10 percent passing
the No. 200 sieve. Geotextile fabric placed between the fine-grained soils and gravel for the haul
road will reduce the risk of continued maintenance of the haul road during construction. Provided
that the haul road is constructed over compacted subgrade stripped of organics, it can be used as a
portion of the subbase course for roadway areas, In addition, moisture contents of the near surface
soils, in most areas, at the time of our investigation were below the optimum moisture content for
the silt with sand soils, indicating the risk of disturbing the soils with construction traffic is low,
assuming adequate drainage is provided. However, due to the low moisture contents and lack of
cohesive soils near the ground surface, it will be necessary to scarify the tipper 8 to 12 inches of
subgrade soils, moisture condition the soils to within 3 percent of the optimum moisture content, and
compact the soils to a minimum of 95 percent of the maximum dry density as determined by ASTM
D698 prior to construction of fills, roadways, buildings, and other settlement sensitive elements.
Assuming subgrade soils are prepared in this manner, we anticipate the City of Kalispell typical
pavement sections for the appropriate roadway types will be suitable for this development.
Foundation Design
The site is relatively flat across the north half and in the west portion of the south half of the
site. Due to the risk of water infiltration into basements and the lack of areas to gravity drain water
collected be -low grade in the flat areas, we recommend further study be conducted in these areas to
become comfortable with groundwater levels and how it may affect basements or crawl spaces.
Construction of basements and below grade structures is reasonable in the higher areas of the site
along the slopes. Footings should be established in the undisturbed stiff silt, silty clay or silty gravel
soils. Precautions to minimize disturbance of the bearing surface and reduce associated differential
settlements will be provided in the filial geotechnical investigation report for each phase of work.
The foregoing recommendations present our preliminary geotechnical input to assist in the
design and feasibility studies for this project. In order for these recommendations to be properly
incorporated in the subsequent design and construction stages we recommend that a filial
geotechnical investigation be completed for each project phase. This will likely consist of more
subsurface explorations and possibly settlement analysis in large fill areas. We recommend our
geotechnical engineering staff remain involved with the project to ascertain that our
recommendations have been properly interpreted both during design and construction. These
services will reduce the potential for misinterpretation Of subsurface conditions and geotechnical
design recommendations that are important in the preparation of project plans, specifications and bid
C
Page 5
Glacier IMeadows - Kalispell, Montana CMG Engineering, Inc.
documents.
LIMITATIONS
CMG Engineering, Inc. has strived to prepare this report in accordance with generally
accepted geotechnical engineering practices in this area solely for use by the client for preliminary
design and project feasibility purposes and is not intended as a construction or bid document
representing subsurface conditions in their entirety. The conclusions and recommendations
presented are based upon the data obtained during the investigation as applied to the proposed design
and construction details discussed in this report. The nature and extent of variations between the
subsurface explorations may not become evident until the final geotechnical investigation is
completed or during construction. If variations are then exposed, it will be necessary to reevaluate
the recommendations of this report. If changes in the concept or design data are planned, the
recommendations contained in this report shall not be considered valid unless the changes are
reviewed by our geotecluiical engineer, and awritten response is provided.
Sincerely,
John W. Ayers, P.E.
Senior Materials Engineer
JoshuaC. Smith, P.E.
Senior Gootechnical Engineer
Page 16
V-
TP
Project: Glacier Meadows - Preliminary Geotechnical Investigation Job Number -
Kalispell, Montana Date:
Site Plan
CNI( Enuineerinty, Inc.
K11ispell. NIT
FIGURE 2
07 21 1
ALIgUS', 9, 2007
u
Ir-
Field Explorations and Laboratory Testing
Glacier Meadows - Kalispell, Montana CMG Engineering, Inc,
w:
FIELD EXPLORATIONS AND LABORATORY TESTING
FIELD EXPLORATIONS
General
The subsurface materials and conditions at the site were investigated by CMG on June I I and
19, 2007, with 2 borings and 12 test pits, designated B-1, B-2, and TP-1 through TP-12. The
locations of the borings and test pits are shown on the Site Plan, Figure 2. All field explorations
were observed by an experienced engineer or geologist provided by our firm, who maintained a
detailed log of the materials disclosed during the course of the work. The following subsections
contain a detailed description of the field investigation completed for this project.
Borings
Borings B- I and B-2,were completed to depths ranging from 40.2 to 40,6 ft. The borings
were drilled with hollow -stem auger techniques using a truck -mounted Mobile B-61 drill rig
provided and operated by O'Keefe Environmental Drilling of Butte, Montana. Disturbed samples
were obtained from the borings at 2.5- to 5-ft intervals of depth. Disturbed samples were obtained
using a standard split -spoon sampler and undisturbed samples were obtained using a thin -walled
shelby-tube sampler when deemed appropriate. At the time of sampling, the Standard Penetration
Test (SPT),,vas conducted. This test consists of driving a standard split -spoon sampler into the soil
a distance of 18 in. using a 140-lb hammer dropped 3 ) 0 in. The number of blows required to drive
the sampler the last 12 in. is known as the Standard Penetration Resistance, or N-value. The N-
values provide a measure of the relative density of granular soils, such as sand, and the relative
consistency or stiffness of cohesive soils, such as silt and clay. The soil samples obtained in the
split -spoon sampler were carefully examined in the field, and representative portions were saved in
airtight plastic bags for further examination and physical testing in our laboratory. Logs of the
borings are provided on Figures I A and 2A. Each log presents a descriptive summary of the various
types of materials encountered and notes the depth where the materials and/or characteristics of the
materials change.. To the left of the descriptive summary, the numbers and types of samples taken
during drilling operations are indicated. To the right, N-values are shown graphically, along with
the natural moisture contents, Atterberg Limits, and Torvane shear strength values.
Test Pits
Test Pits TP- I through TP- 12 were completed to depths ranging from 8.0 to 10.5 ft. The test
pits were excavated using a rubber -tired CASE 590 Super L extend -a -hoe, provided and operated
by Ragan Excavating of Kalispell, Montana. Grab samples were obtained from the sidewalls of the
excavations and from the backhoe bucket at about 3- to 4--ft intervals of depth. Soil samples
obtained in the field were saved in airtight plastic bags for further examination and physical property
testing in the laboratory. In addition, bulk samples of representative materials were obtained from
sonic of the test pits for testing in Our laboratory. Logs of the test pits are provided on Figures 3A
through 14A. Each too'1 presents a descriptivetypes summary of the various of materials encountered
and notes the depth where the materials and/or characteristics of the materials change,
Z__
Pa,ae A-!
Glacier Meadows - Kalispell, Montana CPN4G Engineering, Inc.
-r_
LABORATORY TESTING
General
All samples obtained from the subsurface explorations were returned to our laboratory where
the physical characteristics of the samples were noted, and field classifications were modified where
necessary. The laboratory testing program for this proj ect consisted of natural moisture contents and
moisture -density relationships.
Natural Moisture Content
Natural moisture content determinations were made in conformance with ASTM D2216. The
results are shown on the boring and test pit logs, Figures I A through 14A.
Moisture -Density Relationship
Moisture -density relationships were determined in accordance with ASTM D698. The
laboratory test supplies compaction energy to the soil in a steel mold by the impact of a 5.5 pound
hammer dropped a distance of 12 inches. From this test, the maxim -Lim dry density and optimum
moisture content can be determined for a specified energy imparted to the soil for purposes of
comparing in -place field densities and moisture contents. The results for this test is presented on
Figure 15A.
Page A-2
I
0
4j
0
BORING LOG
PROJECT: Glacier Meadows PROJECT NO.: 07-211
CLIENT: Morrison Maierle DATE: 6-19-2007
LOCATION: See Site Plan ELEVATION:
DRILLER: O'Keefe Drilling fling -Mark Crowley LOGGED BY: Jeff Schmidt
METHOD: Hollow -Stern Anger GW: zz
GW(2):
B-1
F&- 07-211 laic 80MOG7
LU
2:
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La
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LIJ
MATERIAL DESCRIPTION
TEST RESULTS
Plastic Limit Liquid Limit
Water Content (percent)
N-values A (Blows per foot)
10 20 40 50 60 80 go
-0
5
-10
-15
-20
25
30
-35
-T-
S-1
S-2
S-3
S-4
S-5
-6
S-7
S-8
0.0
5.f
ln:
rl
stiff, damp, abundant organics, SILT; medium st dark brown
Topso"' ark �brovn
Sandy SILT; medium stiff, damp, fine grained sand, light
brown to brown
Cultivated to 2.5 ft.
--23
Glacial Till: Siltv GRAVEL with Sand, very dense,
moist, well graded subangular to subround gravel,
scattered cobbles and b0t.11ders, brown and gray
0D
AL
-62
0
Fiqure 1A PAGE 1 of 2 r.U(-Z 1om#,
BORING LOG PROJECT: Glacier Meadows PROJECT NO.: 07-211
CLIENT: Morrison Maierle DATE: 6-19-2007
LOCATION: See Site Plan ELEVATION:
B-1 DRILLER: O'Keefe Drilling - Mark Crowley LOGGED BY: Jeff Schmidt
CONTINUED METHOD: Hollow -Stern Auger GW: -Q--!
GW(2):
Fil, QM11 01.6cr-Nlendms Moe Pfinicd- VW007
0 'j, Lal TEST RESULTS
F-:� - - I=- : =,=, - -:4 0- Plastic Limit i Liquid it
CL 0 MATERIAL DESCRIPTION
W
LU Water Content (percent)
N-values, A (Blows per foot)
T
40
0
43
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-45
ett
ro
O
$4
50
JO
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ss
60
>1
0
11
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all
40.6] I Bottom of Boring B- I @ 40.6 ft.
ure !A PAGE 2 of 2
BORING LOG
PROJECT: Glacier Meadows PROJECT NO.: 07-211
CLIENT: Morrison Maierle DATE: 6-19-2007
LOCATION: See Site Plan ELEVATION:
DRILLER: O'Keefe Drilling - Mark Crowley LOGGED BY: Jeff Schmidt
METHOD: Hollow -Stem Auger G W: —v
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FA.: 07-211 Gl=. NI —it— Data— P0d. 007
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MATERIAL DESCRIPTION
TEST
RESULTS
Plastic
Water
N-values
10
Limit
Content
20
i
A
30
Liquid
80
Limit
90
(Blows
40
(percent)
per
50
foot)
60
70
0
—10
—15
1
—20
25
1
T
T
S-2
S-3
S-4
S-5
S-6
S-7
S-8
0.0
IT
Tosoil: SILT; mediumstiff. darnp, abundant organics,
�dark brown
Sandy SILT- medium stiff, damp, fine grained sand,
brown to dark brown
Cultivated to 2.5 ft.
F Glacial Till: Silty GRAVEL with Sand; very dense,
moist, well graded stibangUlar to subro,tind. gravel,
scattered cobbles and boulders, brown and gray
I
IE
L
Fiaijr� ?A PAGF I nf 2
BORING LOG 'PROJECT: Glacier Meadows PROJECT NO.: 07-211
CLIENT: Morrison Maierle DATE: 6-19-2007
LOCATION: See Site Plan ELEVATION:
B-2 DRILLER: O'Keefe Drilling -Mark Crowley LOGGED BY: Jeff Schmidt
CO
METHOD: Hollow -Stem Auger NTINUEGW-r"I
Pe 07-211 Gladcr McW1L'afc Fnmc�d!$MP007
b TEST RESULTS
Plastic Limit iLiquid limit
0 MATERIAL DESCRIPTION
(n WaterContent (percent)
<
0 N-values A (Blows per foot)
0
43
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40
0
to
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$4
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L-
Fiaure 2A
I Wxej WA on
ART! - 4-1113411ANN-11111M "I L
TEST IT LOG PROJECT: Glacier Meadows PROJECT NO.: 07-211
CLIENT: Morrison Maierle DATE: 6-11-2007
LOCATION: See Site Plan ELEVATION:
SUBCONTRACTOR: Matt Ragen LOGGED BY: Jeff Schmidt
TP-1 METHOD: Extend -A -Hoe
*I. File, 07-2 t I Gintu M-d,s r1acLumAL 819,121007 G W: -v-
X 0 d T TEST RESULTS
M z _ I
W _j W
a 0- a) 5 0_ MATERIAL DESCRIPTION
Uj :5 W v Plastic Limit i i Liquid Limit
Water Content - (percent)
—0 10 20 30 40 50 60 70 80 90
0.6-
Topsoil: SILT; medium stiff, damp, abundant organics,
- 0.5-1I i -\dark brown
SILT; Stiff, moist, liglitbrown to gray
44
0
>
,4 very moist to saturated below 7 ft.
43
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r
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10
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O
.5
47
—17.5
Bottom of Test Pit TP- I @ 10.5 ft.
Firikirp '�A P A (-, P 1 r)f 1 (.M(' , F'nainpPrIna- It-r-
TEST PIT LOG
PROJECT: Glacier Meadows PROJECT NO.: 07-211
CLIENT: Morrison Miaierle DATE: 6-11-2007
LOCATION: See Site Plan ELEVATION:
SUBCONTRACTOR: Matt Ragen LOGGED BY: Jeff Schmidt
METHOD: Extend-A-I-Ioe
TP-2
Ir.
File: W-2 11 Dmc Pmed, "r-0071
GW: 4i3�
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0
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5- MATERIAL DESCRIPTION
TEST
RESULTS
Plastic
Water
10
Limit
Content
20
30
L
80
d emi
90
t
40
(percent)
50
60
—0
—2.5
-6
—7.5
-.10
12.5
—17.5
S-2
0.0
1.3.
10.
JJJJJ
JSJ
Topsoil: SILT; medium, stiff, damp, abundant organics,
dark brown
I
SILT; Stiff, moist, light brown to gray
r
cultivated to 3 ft.
very moist to saturated below 6 ft.
Bottom of Test Pit TP-21a 10,0 ft.
II
Fiaure 4A PAGE 1 of 1 CMG Enaineerina. Inc.
TEST PIT LOG
PROJECT: Glacier Meadows PROJECT NO.: 07-211
CLIENT: Morrison Maierle DATE: 6-11-2007
LOCATION: See Site Plan ELEVATION:
SUBCONTRACTOR: Matt Rages} LOGGED BY: Jeff Schmidt
METHOD: Extend -A -Hoe
TP-3
r-
F'�07-2 G[me, W.1do— Wic Printot RNf'2607
— G W:
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MATERIAL DESCRIPTION
TEST RESULTS
Plastic Limit i Liquid Limit
Water Content (percent)
10 20 30 40 50 60 70 80 90
—0
—2.5
5
—7.5
10
—12.5
15
17.5
I
S-1
S-2
1.3-
10.0
Topsoil: SILT; medium stiff, damp, abundant organics,
dark brown
SILT; stiff, moist, I ight brown to gray
cultivated to 3 ft.
very moist to saturated below 6 ft.
Bottom of Test Pit TP-3 ) 10.0 ft.
J I
F io i i t-r� ri A PA(-,F 1 of 1 CM(' , Pnninppririri Inc-
TEST IT LOG
PROJECT: Glacier Meadows PROJECT NO.: 07-211
CLIENT: Morrison Maierle DATE: 6-11-2007
LOCATION: See Site Plan ELEVATION:
SUBCONTRACTOR: Matt Ragen LOGGED BY: Jeff Schmidt
METHOD: Extend -A -Hoe
TP-4
F�i. ff--211 G1.wkr',1"1dM1S Dale Pfintcd� 3"9120071
GW: 42�
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MATERIAL DESCRIPTION
TEST RESULTS
Plastic Limit s Liquid Limit
Water Content (percent)
20 30 40 50 60 70 80 90 1
—0
—2-5
—5
S-1
0.8-
JJy10
Topsoil: SILT: medium stiff, damp, abundant organics,
dark brown
SILT, Stiff, moist, light brown to gray
cultivated to 2 ft.
--�—
S-2
5.5
Silty CLAY; stiff, very moist, laminated, gray and brown
—7.5
S-3
6.07
SILT; Stiff, moist, gray
10
-12.5
—15
17.5
10.0
Bottom of Test Pit TP-4 rr 10.0 ft.
Figure 6A PAGE 1 of 1 CMG Engineering, Inc.
PROJECT: Glacier Meadows PROJECT NO.: 07-211
TEST PIT LOG CLIENT: Morrison Maierle DATE: 6-11-2007
'LOCATION: See Site Plan ELEVATION:
SUBCONTRACTOR: Matt Ragen LOGGED BY: Jeff Schmidt
Lu
CL
W
MATERIAL DESCRIPTION
TEST RESULTS
Plastic Limit i Liquid Limit
Water Content ,s, (percent)
-2.5
0.0
0.8-
Topsoil: SILT; niediurn stiff, danip, abundant organics,
dark brown
SILT; Stiff, rnoist, scattered gravel, brown and gray
cultivated to 2.5 ft.
ZT
SILTstiff, moist, interbedded with silty clay, light
brown to gray
Saturated below 5 ft.
—15
Ti:
Fim/riz7A PA{-,F1nf1
TEST IT LOG
PROJECT: Glacier Meadows PROJECT NO.: 0 7-2111
CLIENT: Morrison Maierle DATE: 6-11-2007
LOCATION: See Site Plan ELEVATION:
SUBCONTRACTOR: Matt Ragen LOGGED BY: Jeff Schmidt
METHOD: Extend -A -Hoe
TP-6
Ir.
PAC: 01-211 01=;c, hknda,,s Date P..wd: W9120071
G W:
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MATERIAL DESCRIPTION
TEST RESULTS
Plastic Limit I Liquid Limit
Water Content x--) (percent)
10 2030 40 50 60 70 80 90
—0
-
0.0
0.5-
W
Topsoil: SILT; medium stiff, damp, abundant organics,
-\dark brown
SILT- stiff, moist, scattered gravel light brown to gray
cultivated to 2.5 ft.
-2.5
-5
S-1
2.57
Sandy SILT; stiff, damp, fine grained sand, brown
-7.5
-10
-12.5
—15
17.5
S-2
6.5
9.0
-
Glacial Till: Gravelly SILT with Sand; very stiff to hard,
moist, scattered cobbles and boulders. gray and brown
Bottom of Test Pit TP-6 9.0 ft.
Fiqure 8A PAGE 1 of 1 CW' Enqineerinq, Inc.
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PROJECT: Glacier Meadows PROJECT NO.: 07-211
CLIENT: Morrison Maierle DATE: 6-11-2007
LOCATION: See Site Plan ELEVATION:
SUBCONTRACTOR: Matt Ragen LOGGED BY: Jeff Schmidt
METHOD- Extend -A -Hoe
MATERIAL DESCRIPTION
Topsoil: SILT; medium stiff, damp, abundant organics.
t—darkbrown 0.8
SILT; Stiff-, moist, light brown to gray
2.5
-A
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-15
-17.5
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TEST RESULTS
Plastic Limit i ---i Liquid Limit
Water Content (percent)
Pinar-ti 0A PAC11F 1 of 1 Ine-
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4J
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TESPIT LOG
T
I PROJECT: Glacier Meadows PROJECT NO.: 07-211
I
CLIENT: Morrison Maierle DATE: 6-11-2007
LOCATION: See Site Plan ELEVATION:
SUBCONTRACTOR: Nlatt Ragen LOGGED BY: Jeff Schmidt
METHOD: Extend -A -Hoe
GW: 45
TP-8
File 07-211 Gl;s;. Wad— Date NinW: RAJ/2007
a:
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Wcn
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MATERIAL DESCRIPTION
TEST RESULTS
Plastic Limit 1 Liquid Limit
Water Content C, (percent)
10 20 30 40 50 60 70 80 90
—0
-2.5
-5
x
S-1
S-2
0.57
2.07
-
Topsoil: SILT, ineditirn stiff, damp, abundant organics,
brown
i-"\dark
SILT; Stiff, moist, scattered gravel, light brown to gray
-\Cultivated to 2 ft.
SILT; stiff to very stiff, moist, light brown to gray
very moist to saturated below 6 ft.
—7.5
-10
—12.5
16
—17.5
TO
9.0
Glacial Till: Gravelly SILT, very stiff to hard, moist,
scattered cobbles and boulders, gray and brown
Bottom of Test Pit TP-8 @ 9 ft.
Fiquire 10A PAGE I of I CMG Enplineerinq Inc.
i
TT 'PROJECT:
ESPIT LOG
Glacier Meadows PROJECT NO.: 07-211
1 - CLIENT: Morrison Maierle DATE: 6-11-2007
ILOCATION: See Site Plan ELEVATION:
SUBCONTRACTOR: Matt Ragen LOGGED BY: Jeff Schmidt
METHOD: Extend -A -Hoe
,�.�®�
Ir.
Fik: V-2 f I Uxier mcaeo DAt. NwM: VW21071
GW:
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MATERIAL DESCRIPTION
TEST
RESULTS
Plastic
Water
10
Limit
Content
2 0
30
Liquid
80
Limit
90
40
(percent)
50
6
70
-0
-2.5
-
-5
-7.5
-10
-12.5
-15
_17.5
S-1
0.0
0.8-
-
2.8
10.0
Topsoil: SILT, medium stiff, damp, abundant organics,
dark brown
1
.
V!
SILT,- stiff, moist, scattered gravel, brown
Cultivated to 2.8 ft.
I
j
SILT, stiff to very stiff, moist, light brown to gray
Bottom of Test Pit TP-9 10.0 ft.
Fintirp 114 PA(,F- 1 of 1 (-UCZ _F=nrf'tnCA1,11n Inr
430i
43 0
TEST PIT LOG
PROJECT: Glacier Meadows PROJECT NO.. 07-211
CLIENT: Morrison Maierle, DATE: 6-11-2007
LOCATION: See Site Plan ELEVATION,
SUBCONTRACTOR: Matt Ragen LOGGED BY: Jeff Schmidt
METHOD: Extend -A -Hoe
G W:
TP-10
Pile: 07-211 6Wer Mzado— Date Prime& 9)9f20071
W
(0
0:
LU
0
z
a.
uj g
W
CL
5-
MATERIAL DESCRIPTION
TEST RESULTS
Plastic Limit 1 Liquid Limit
Water Content (percent)
10 20 30 40 50 60 70 80 90
—0
—2.5
S-1
S-2
0.6s
O,7
2.6
y J
J
Topsoil: SILT; medium stiff, damp, abundant organics,
dark brown
i
4
SILT, stiff, moist, scattered gravel, light brown to gray
1-\c�ultivatcdto 2.0 ft.
Sandy SILT; stiff, damp, fine grained sand, brown
5
7.5
-10
x
S-3
4.0
I
I
SILT; stiff, moist, light brown to gray
Very moist to saturated below 9 ft.
I
-12,5
—15
—17,5
10.6
Bottom of Test Pit TP- 10 cz 10.5 ft.
FigUre 12A PAGE 1 of 1 CMG Engineering, Inc.
11
43
0
TEST PIT LOG
PROJECT: Glacier Meadows PROJECT NO.: 07-211
CLIENT: Morrison Maierle DATE: 6-11-2007
LOCATION: See Site Plan ELEVATION:
SUBCONTRACTOR: Matt Ragen LOGGED BY: Jeff Schmidt
METHOD: Extend -A -Hoe
TP-1 1
Ir.
No: 0.2H GlackrNIcado,$ Dam Printed: 3191201)71
G W:
W 1
x
0
z
=
-
o (D'R
W
LU
Q.
6
MATERIAL DESCRIPTION
TEST RESULTS
Plastic Limit Liquid Limit
Water Content -,; (percent)
10 20 30 40 50 60 70 80 90
0
-2.5
5
-7.5
10
-12.5
x
S-1
S-2
O.O
0.5-:1
1,5
9.0
......
Topsoil. SILT; medium stiff, damp, abundant organics.
-\dark brown
yt
4
- Sandy SILT: medium stiff, damp, fine grained sand.
-\brown
Glacial Till: Gravelly SILT; very stiff to hard, moist,
well graded subangular to subround gravel, scattered
cobbles and boulders, gray and brown
Bottom of Test Pit TP- I 1 cz 9.0 ft.
Fi(-iitr;z 1IA PA(',P -1 of I rktl(-- r-nninoarinrl Int-
TEST PIT LOG
PROJECT: Glacier Meadows PROJECT NO.: 07-211
CLIENT: Morrison Maierle DATE: 6-11-2007
LOCATION: See Site Plan ELEVATION:
SUBCONTRACTOR: Matt Ragen LOGGED BY: Jeff Schmidt
METHOD: Extend -A -Hoe
TP-12
File: 07-211 Glacier Mczdols Dow Pled: 3P1 0071
GW:
LU
s
2
z
a
MATERIAL DESCRIPTION
TEST
RESULTS
Plastic Limit i
Water Content
10 20 30
Liquid Limit
80 90
40
(percent)
50
60
70
-0
-2.5
-
5
-7.5
x
S-2
0.0
0.3-
......
ATopsoil- SILT; medium stiff, damp, abundant organics,
Zk brown
Sandy SILT: medium stiff, damp, fine grained sand,
brown
Glacial Till: Gravelly SILT; very stiff to hard, moist,
well graded subangular to subround gravel, scattered
C)
cobbles and boulders, gray and brown
z:1
-10
-15
1T5
8.0
Bottom of Test Pit TP- 12 try 8.0 ft.
Figure 14A PAGE 1 of 1 CMG Engineering, Inc.
116
114
112
wl
in
M.
I I I i 7111
......... . .... . .... . .
L
Nil
I
12
14
16 18
20
22 24
Water content, %
I Test specification: AST\.,I D 698-00a Method C Standard
ZAV for
Sp.G.
2.70
Elev/ I Classification Nat.
Depth I USCS I AASHTO moist. I I I PI 314 >in. I N o% 2<
Sp.G. LL 0 0
2.70 1 1 1 17.0
TEST RESULTS MATERIAL DESCRIPTION
Maximum dry density = 112.8 pcf Native Ti I I
Optimum moisture = 16.7 %
11Project No. 07-211 Client: Morrison Maierle I Remarks:
Project: Glacier Meadows Native Glacial Till
Location: Glacier Meadows
COMPACTION TEST REPORT
CMG Engineering, inc,
Kalispell, Montana
re 15A
nee
November 24, 2014
City of Kalispell Public Works
Attn: Mr. Keith Haskins
PO Box 1997
Kalispell, MT 59903
406.758.7720
Re: Bloomstone Phase 1 A West Development
Stormwater Infiltration Basin - Groundwater Observation
Dear Mr. Haskins,
On November 21, 2014 A2Z Engineering observed the digging of two test pits in the Bloomstone
Infiltration basin.
Pre -Treatment Cell Excavation
The first test pit was excavated from a ground surface elevation of 3030 to a pit bottom
elevation of 3020. The soils were found generally to be a tan stiff silt in the first five feet below
grade and a cobbly glacial till in the second 5 feet. No evidence of ground water or a yearly
groundwater table level was observed.
Main Cell Excavation
The second test pit was excavated from a ground surface elevation of 3028 to a pit bottom
elevation of 3018. The soils were found generally to be a tan stiff silt in the first four feet below
grade and a gray stiff silt in the next 6 feet. No evidence of ground water or a yearly
groundwater table level was observed; however the soil did become moist below elevation
3021 (this moisture did not flow during excavation or while the pit was open).
Results
In accordance with the design standards of the City of Kalispell, it appears that the groundwater
level in the area of the infiltration basin is greater than 3 feet below the lowest finished grade of
each cell.
Please call me if you have any questions or concerns.
Sincerely,
Robert Smith, PE
Project Engineer
31111141111111111111111111 �
Fees:$34.00
vatila Robinson, Flathead County MY by NC 9/10/3008 11:34 AM
After Recording Return Document to:
Bonneville Power Administration
TFRR/Kalispell
2520 US Highway 2 East
Kalispell, MT 59901
DocumcruTitie: Notice of Land Use
Reference Number ofRelated Documents: �^
Permitter: 3ur:nevi-le Power Adminis-ration
Permittec: :�alispeil National lnvestmen- Company. L.L.C.
Legal Description:_ PTH OF SW4, Section 36, Township 2914, Rance 224I PM
Additional Legal Description is on page 2 of this document
Assessor's "Fax Parcel Number: 0000011134
Notice of Land Use
LINE/FACILITY: Notion-Conkeliey No. 1
Operated as: Libby-Conkeltey; ADNO: 6353
Located Between S:rvctures 66/5 and 67/1
TRACT No. H-HS-23-A-117 CASE No. 20080455
This Memorandum of Land Use Agreement (LUA) refers to that certain LUA dated the ist day of
August, 2008 between the Bonneville Power Administration (BPA) and Kalispell National Investment
Company, L.L.C. BPA hereby agrees to the Pennitce's use of the casement area as described above for
construction/installation, use, and maintenance of a storm water detention pond, small parking area and bike
path.
Premixes. The location of the use is partially within the SWVi of Section 36, Township 29 North, Range 22
West, PM, Flathead County, State of Montana, as further described on attached Exhibit `A' and by this reference
is made a part hereof.
Notice. Changes or additions to the use of the right-of-way without BPA's review and written approval
are prohibited. Any other uses and utilities an the right-of-way must he applied for separately.
This agreement is entered into with the express understanding that it is not assignable or
transferable to other parties without the prior written consent of $PA.
Purpose. This NOTICE OF LAND USE is prepared and recorded for the sole purpose ofimparting constructive
notice of said LUA and in no way modifies the LUA or the BPA easement.
Questions. Questions regarding this Land Use Agreement may be addressed to the Bonneville Power
Administration at the above address or by calling 1-406-751-7821.
`,e' " 1Cit,` awl� Signedthis 84 " dayof September 2008
Bonneville PowerAdministration
Jam% C. Murray, Realtj Specialist
Stately-4 � 2 r"
County of NT,
,,,[- �'Qlt�,tt., Muvra�t"
'C2. : e.o i`'. ner olloy appeared before me,
Un ,_
who is personally known to me
L whose identity I proved on the basis of -k-IDL _
Whose identity I proved on the oath / affirmalion of
a credible witness
To be the sir�ncr of the ahove docunxnt.kNL2
ahc acknowledged [hart hnetjtc
signedit
ry Public 1
wet, NORMAJ-WECKWERTH
o�hntn, s NOTARY PUBLIC-MOi4TANA
5,gtsi.z :j,,,,J ng at Kaltspell, Montana
.,a My Comm. Expires August 3, 2010
11111111 lit IN Gil Nk1 111i1l [I 1dtt1A1l11 1
1111111111111111111111111111 200goo0255313
2 '2 PF:.g:.' $104.00
9/1.0/2008 1134 AM
Paula RGbinsan, Flathead County MT by -- NC
Exhibit 'A'
That portion of the Southwest 1/* of Section 36, Township 29 North, Range 22 West,
Principal Meridian, Flathead County, Montana described as follows:
Commencing at the southeast corner of the Southwest V4 of Section 36, Township 29
North, Range 22 West, thcnct along the southerly boundary of said aliquot part,
North 89'W 43"Wcst a distance of 24.85 feet to the POINT OF BEGINNING of the
parcel
being described; thence continuing along said southerly boundary of said aliquot part,
North 89'44' 43' West a distance of 1501.38 feet to the easterly boundary of Federal Aid
Project No. NH 5-3(59)109, Kalispell Bypass North plans dated December 12, 2005;
thence along said easterly boundary of said Kalispell Bypass North the following five
counts*.
North 13*09' 33* West a distinct of 719.97 feet,
North 03* 1V 12' West a distance of 715.46 feet,
North 02'5Y 57'East a distance of 316.40 feet to the, beginning of a 1204.70 foot radius
concave southeasterly having a radial bearing of
South 82'07 15' East, along said curve through it central angle of 41134! 22" an arc length
of 874.11 feet, and
North 69*48' 15" East a distance of 477,81 feet to the northerly boundary of said
Southwest V4 of said Section 36; thence along said northerly boundary of said aliquot
part,
South, 89'58'W Fast a distance of 426.51 feet to the beginning of a 420.00 foot radius
curve
concave southeasterly having a radial bearing of
South 06'13'22' East; thence southwesterly along said curve through a central angle of
83'50'46' an arc length of 614.62 feet; thence
South 00'" 08" Fast a distancc of 243.95 feet to the southerly boundary of the North 1/2 of
the Northeast 1/4 of the Southwest 1/+ of said Section 36; thence along said southerly
boundary of said aliquot part,
South 89*5V 460 East a distance of 801.47 feet to the easterly boundary of said
Southwest V4 of Section 36; thence along said easterly boundary of said aliquot part,
South 00'04'04* East a distance of 277.14 feet to a point on the casterly boundary of that
parcel of land denoted as KYAC Uasc Area on Certificate of Survey No. 14700, records
of Flathead County, Montana; thence along the northerly and westerly boundarics, of
said
parcel the following two courses:
North 89*48'52!'West a distance of 24.85 feet and
South 00*04'05' East a distance of 1681.72 feet. - thence
South 00*04'05' East a distance of 30.00 feet to the Point of Beginning.
Shown as Parcel 3 of Certificate of Survey No. 17217,
TOGMER WITH "An additional easement located upon the exact dimensions of
Keservt Loop and Tree Line Drive, is the same may be established and constructed
within the SEI/+SEI/4NWI/4 and the SllzSYzNEV, of Section 36, Township 29
North, Range 22 West, MPM as granted in Instrument recorded July 19, 2006 as.
Instrument ' No. 2006-2001546-0 records offlathcad County, Montana,'
P.O. Box 27 *Helena, Montana S9624
Tel, (406) 457-0407 * fax (406) 442-1296
Big Sky AcowtiCS, LLC'
February 3, 2015
Mr. Jim Davis
Kalispell National Investment Company
124 Swan Ridge Court
Kalispell, MT 59901
Re: Bloomstone Subdivision
Kalispell Bypass Traffic Noise Contour Analysis
BSA Project #15101
Dear Jim:
Big Sky Acoustics, LLC (BSA) has completed the traffic noise contours for the proposed
Bloomstone subdivision along the future Kalispell Bypass. The enclosed report summarizes the
analysis, and provides recommendations to meet the City requirements.
Thank you for the opportunity to assist you. If you have any questions or comments regarding
the information presented in the report, please do not hesitate to call me at (406) 457-0407 or
email me at sean c,bigskyacoustics.com.
Sincerely,
;Am 4wir
Sean Connolly
BIG SKY ACOUSTICS, LLC
Attachment
P.O. Box 27 • Helena. Montana 'S9624
Tel: (406) 457-0407 +fax: (406) 442-1296
X-Iffim=1
BLOOMSTONE SUBDIVISION
KALISPELL BYPASS TRAFFIC NOISE CONTOURS
1.0 INTRODUCTION
Big Sky Acoustics (BSA) developed the traffic noise level contours for the proposed Bloomstone
Subdivision property due to the proposed Kalispell Bypass in Kalispell, Montana. It is the
understanding of BSA that the City of Kalispell Planning Department has expressed concerns
about Bypass traffic noise on the property, and would like traffic noise mitigation measures to be
taken by the developer to reduce the traffic noise to 60 dBA at the western boundary of the
subdivision property (City of Kalispell 2008).
Traffic noise contours for the subdivision property were originally developed in 2008 (BSA
2008). Since then, the Bypass design has been modified to include an intersection with ramps at
Four Mile Drive as shown on Figure 1 (attached). In 2008, a bikepath was planned to be located
within the Bypass right-of-way along the western Bloomstone boundary on top of a 6-foot high
berm, but the current Bypass design does not include the berm (KLJ 2014a).
This report summarizes the updated traffic noise analysis for the Bloomstone property, including
the preliminary location of the 60 dBA traffic noise contour based on current sources of
information. This analysis was based on:
• The proposed subdivision layout and topographical elevations of the property (A2Z
Engineering 2015),
• The Final Traffic Noise Technical Study for the Kalispell Bypass (Carter & Burgess
2006),
• Electronic plans and ground elevations for the Bypass (KLJ 2014a), and
• Updated traffic projections for the Bypass mainline (KLJ 2014b).
If the traffic counts or traffic mix projected for the roadways, elevations of the Bypass or
Bloomstone property ground levels, location of the Bypass centerline, or other information
contained in the documents used for this analysis changes as the project progresses, then the
noise analysis will need to be updated.
2.0 NOISE TERMINOLOGY AND ACOUSTICAL CONCEPTS
Noise levels are quantified using units of decibels (dB). Noise levels can also be expressed as A -
weighted decibels (dBA). Humans typically have reduced hearing sensitivity at low frequencies
compared with their response at high frequencies, and the A -weighting of noise levels closely
correlates to the frequency response of normal human hearing. By utilizing A -weighted noise
levels in a study, a person's response to ,noise can be assessed. Decibels are logarithmic values,
and cannot be combined using normal algebraic addition. For example, the combined noise level
of two 50-dBA noise sources would be 53 dBA, not 100 dBA.
Page I of 5
Bloomstone Subdivision Big Sky Acoustics, LLC
Traffic Noise Contours
Noise can be quantified using many different metrics and time periods. For environmental noise
studies, ambient noise levels and noise impact criteria are typically based on A -weighted
equivalent noise levels, Leq, during a certain time period. The equivalent noise level during a
one -hour period is represented as Leq(h) and is the metric used by the Federal Highway
Administration (FHWA) and MDT for traffic noise studies. The equivalent noise level is defined
as the steady state noise level that has the same acoustical energy as the actual, time -varying
noise signal during the same time period. The Leq(h) metric is useful for traffic noise studies
because it uses a single number to describe the constantly fluctuating ambient noise levels at a
receptor location during one hour of time. All noise levels used in this memo refer to the L,,q(h)
metric unless noted otherwise.
Barriers are used for noise control by shielding a receptor location from a noise source, such as a
roadway. A barrier is most effective when it is continuous and solid, and blocks the direct line -
of -sight between the entire roadway and a receptor. Barriers can be constructed using built up
dirt to create a berm, using concrete, concrete block, other similar masonry materials, metal
panels, or thick wood to create a wall, or a combination of a berm with a wall on top. Although it
may be used for visual screening, vegetation, such as trees and shrubs, are not considered
effective barrier material since sound passes readily through vegetation. An earthen berm
typically has a very large base for support and may also require additional land to accommodate
construction. To be effective, the barrier wall must be continuous and solid with no gaps, holes
or openings in it, including between the bottom edge of the barrier wall and the ground surface.
3.0 BYPASS NOISE CONTOURS
BSA used FHWA's approved computer program Traffic Noise Model (TNM) Version 2.5 and
the Cadna-A software program to predict the location of traffic noise contours on the
Bloomstone property. TNM 2.5 is a dated program, and cannot predict noise level contours on
current 64-bit computers. However, the Cadna-A program includes the TNM algorithms for
predicting traffic noise levels, and therefore, BSA used Cadna-A for this analysis.
TNM 2.5 uses a three-dimensional coordinate system (x, y, and z) to define the location and
elevation of the roadway, receptor locations and terrain elevations. The projected design hourly
volume (DHV) of vehicles traveling on a roadway, traffic mix of automobiles and trucks, and
vehicle speed are also entered into the model. The contours in this report are based on a receptor
height of 5 feet above the ground level, and therefore, the mitigation measures discussed are
effective for shielding ground -level areas of exterior human use (MDT 2011).
This analysis is based on the project Design Year (2030) traffic projections used in the current
traffic noise analysis for the Bypass travel lanes (KLJ 2014b and Carter & Burgess 2006). The
current Bypass mainline traffic projections for 2030 are based on overall daily count, but do not
include a breakout of vehicle classification, such as cars and heavy trucks, or directional
percentages (KLJ 2414b). The original' traffic data includes predictions for cars, medium trucks
and heavy trucks, and projections for the Four Mile Drive ramps (Carter & Burgess 2006). The
traffic data used for the analysis is shown in Table 3-1.
Page 2 of 5
Bloomstone Subdivision
Traffic Noise Contours
Big Sky Acoustics, LLC
Table 3-1: Bypass Traffic Data Used for Noise Level Predictions
r a
} '
r�
�D�
'tom...+
Gard
U
a
!1
.�H00
f4� v' ;
Bypass between West Reserve
NB
14,000
1,400
92%
3%
5%
60 mph
Street Connection and Four Mile
SB
14,000
1,400
92%
3%
5%
60 mph
Drive
Four Mile Drive NB onramp
NB
-
75'
o
92%
0
3 /0
o
5 /o
Acceleratingto 60 mph
Notes:
NB: Northbound.
SB: Southbound.
ADT: Average Daily Traffic. Total = 28,000 vehicles on Bypass Mainline.
DHV: Design Hourly Volume (Assumed to be 10% of ADT if DHV data not provided).
Cars: Vehicles with two axles and four tires.
MT: Medium truck, vehicles with six tires on two axles.
HT: Heavy truck, vehicles with more than two axles.
Sources: a: KL7 2014b
b: Carter & Burgess 2006.
3.1 Proposed Barriers
Based on the subdivision layout provided (A2Z Engineering 2015), two 6-foot barriers are being
proposed as shown on Figure 1 (attached). It is the understanding of BSA that the barriers may
be walls, berms, or a combination of a short wall on top of a short berm.
The predicted traffic noise contours associated with the proposed barriers are also shown on
Figure 1. For the proposed 6-foot barriers, the 60 dBA traffic noise contour is predicted to cross
several lots. Therefore, the City's requirement is not predicted to be met by the proposed barriers
(City of Kalispell 2008).
3.2 Recommended Barrier Modifications
To meet the City's requirement and move the 60 dBA traffic noise contour closer to the western
boundary of the Bloomstone property, the proposed barriers need to be modified, and new
barriers need to be added. BSA evaluated the change in traffic noise contours by analyzing new
barrier/berm heights at the subdivision boundary.
The resulting barrier/berm heights and associated noise contours are shown on Figure 2
(attached). As shown on Figure 2, the barrier/berm heights needed to meet the City requirement
are as follows:
• 6-feet high on the north side of the retention pond (approximately 690 feet long), and
• 8-feet high between the retention pond and the southern edge of Phase l A (approximately
890 feet long), and
• 6-feet high south of Phase IA (approximately 1,220 feet long).
Page 3 of 5
Bloomstone SubdMsion Big Sky Acoustics, LLC
Traffic Noise Contours
With the modified barrier, the 60 dBA noise contour is predicted to cross a parking lot of Phase
IA, but does not fall on the residential areas or lots (Figure 2), which will approach the City's
requirement. The barrier ends at the openings for access to the bikepath need to overlap by at
least 10 feet to ensure traffic noise does not reduce the effect of the barriers (Figure 2).
The subdivision barrier could be a wall, earthen berm, or the combination of a short berm with a
short wall on top, provided that the total height meets the recommended heights shown on
Figure 2. Barrier design guidelines are available in the FHWA Highway Noise Barrier Design
Handbook, February 2000 (htip://`vww.fhwa.dot.gov/environment/noise/desigi2 index.htm). The
Handbook includes information concerning various types of barriers and materials, aesthetics,
and structural, drainage and safety considerations. As a rule of thumb, barriers only need to be
approximately 4 pounds per square foot (psf) to be effective. In addition to the earthen berm
option, examples of barrier wall materials include the following, among others:
Post -and -Panel Systems
• Transportation Noishield Sound Barrier manufactured by Industrial Acoustics Company
(www. industrialacoustics. com).
• Nosieblock Barrier Wall System manufactured by Kinetics Noise Control
(www.kineticsnoise. com).
• Acoustax Noise Barriers manufactured by Acoustax (www.acoustax.com).
• LSE Noise Barrier Wall System manufactured by Sound Fighter Systems
(www.soundfi ter.com).
• U1traScreen Sight & Sound Barriers manufactured by Big Sky R Control
(www.bigsk)rcontrol. corn) .
• Paraglass Soundstop Transparent Noise Barriers manufactured by CYRO Industries
(www.cyro.com).
Concrete
• SoundSorb manufactured by Concrete Solutions, Inc. (www.soundsorb.com).
• Whisper Wall manufactured by Concrete Systems Northwest, LLC (www.concsys.com).
• Concrete Log Systems manufactured by Cultured Log Systems (www.concretelogs.com).
• Nordic Concrete Fence Wall manufactured by Nordic Development, inc.
(www.nordicwalls. com).
Concrete block
• Soundblox manufactured by The Proudfoot Company (www.soundblox.com).
Wood
• Plywall manufactured by Hoover Treated Wood Products, Inc. (www.plywall.com).
Page 4 of 5
Bloomstone Subdivision
Traffic Noise Contours
4.0 REFERENCES
Big Sky Acoustics, LLC
A2Z Engineering. 2015. AutoCAD file Noise Drawing.dwg. Provided by email from Rob Smith.
January 21.
Big Sky Acoustics (BSA). 2008. Memorandum: Bloomstone Subdivision - Kalispell Bypass
Preliminary Traffic Noise Contours. BSA Project #08121. Sent to Jim Davis of Kalispell
National Investment Company and Greg Lukasik of Morrison Maierle. September 18.
Carter & Burgess, Inc. 2006. Final Traffic Noise Technical Study for the Kalispell Bypass.
August 2006.
City of Kalispell. 2008. Resolution No. 5275 - Conditionally approving the preliminary plat of
Bloomstone Subdivision. April 21, 2008.
Kalispell National Investment Company (KNIC). 2008. Telephone conversation with Jim Davis
concerning City of Kalispell preferences for mitigation, and KNIC working with MDT
concerning a berm at the bike path location. July 9, 2008.
Kadrmas Lee & Jackson (KLJ). 2014a. Microstation files 8166000rdmap0l-Dillon.dgn and
2038018rdmaprz51.dgn. Provided by email from Dillon McLain. December 19.
KLJ. 2014b. Final Traffic Report: Four Mile Drive Connection & Kalispell Bypass. Prepared for
the City of Kalispell and the Montana Department of Transportation. Figure 2.1-Existing and
Projected Daily Volumes. February.
Montana Department of Transportation (MDT). 2011. Traffic Nosie Analysis and Abatement
Policy. Effective date July 1.
5.0 STANDARD OF CARE
To complete this report, BSA has endeavored to perform its services consistent with the
professional skill and care ordinarily provided by acoustical consultants practicing in similar
markets and under similar project conditions. BSA is fully experienced and properly qualified to
perform acoustical consulting services. However, acoustical consulting services as offered and
engaged in by BSA does not include "engineering" or "practice of engineering" or the "practice
or offer to practice engineering" as these phrases are defined under Montana law.
BSA makes no warranty, either expressed or implied, as to the professional services it has
rendered to complete this report. For the completion of this report, BSA has used data provided
by Kalispell National Investment Company, A2Z Engineering and Kadrmas Lee & Jackson in
performing its services and is entitled to rely upon the accuracy and completeness thereof.
Therefore, if the information and assumptions used to create this report change, then the noise
analysis and the recommended noise control measures may need to be reevaluated.
Page S of S
Barrier on North side of pond:---
6-feet high y�� �.
e�ti�orp0011 62 dSA
V-el
Barrier between pond and i `• �` 60 dBA
South edge of Phase 9A: i
8-feet high
Overlap ends of _
j' barriers by at N
least 10 feet
o,
M
Barrier south of
Phase 1 A:
6-feet high
,
�o
W.
Big Sky Acoustics, «c
�-- ,.ram#
�,.
Kalispell Bypass Traffic Noise Contours, Year 2030
Barriers Needed to Meet City Requirements
Bloomstone Development
Scale: 1" = 300 ft. (8.5"x111
0;}
Big Sky Acoustics, LL
FIGURE 1
Kalispell Bypass Traffic Noise Contours, Year 2030
Proposed Barriers
Bloomstone Development
Scalp- 1" = '100 ff- lR_5" A 1 "1
Approximate
Post Height 1 I2
Ground Level
Post
5" X 5"
Post Centers
71.50" Max
70.25"
Stiffener Length
1.5" X 1.5" 18 Guage Galvanized Steel Stiffener
ASTM A513
10" - 12"
Hole Diameter
Concrete footing diameter 10" to 12" min
and 30" to 36" deep min in accordance
with local conditions, codes, and standard
building practices.
Caps 6.50" Actual Panel Dimensions:
—� 72"H X 69.75"W
• Panel Weight: 56 Ibs
3" Tolerances are: t.5"
5"
Inside
Model #: FP72X72 This drawing may not be altered or reproduced without the
permission of SimTek°' Fence
Date: Oct 15, 2013 Scale: not to scale REV: D Barlocker
Sheet 1 of 1 U.S. Patents: 7,478,797 / 7,635,114 Foreign Patents Pending
Minimum top of
7i" post to ground
level
-,I I f Ground Level
28 30" 36"
Hole Deptif
Good Neighbor Fence:
Same stone pattern on both sides
Q
SimTek"
FENCE
www.simtekfence.com
Post
5" X 5"
92"
Stiffener Length
2"
Line Post Cutaway
.dam 5.,
2"
Concrete Lock
Manufactured with linear low density
polyethylene (LLDPE) shell
Reinforced with 17 gauge high tensile
low allow galvanized stiffener
Engineered with durable recycled
polyethylene foam
Approximate weight 28 Ibs 1%" Self -tapping Screw
Tolerances are t.5"
ice Support Bracket
Made with polypropylene
copolymer plastic
Triangulated shape for
improved load distribution
• Zinc plated 1.5" self
tapping screw and one
bracket included per
groove
Model #:LP102 This drawing may not be altered or reproduced without the
permission of SimTek" Fence
Date: Oct 15, 2013 Scale: not to scale REV: D Barlocker S i mTe k-
FENCE
Sheet 1 of 1 U.S. Patents: 7,478,79717,636,114 Foreign Patents Pending www.simtekfence.com
AMM
Architectural Testing
ASTM E 90 SOUND TRANSMISSION LOSS
TEST REPORT
Rendered to:
SIMTEKrm FENCE
SERIES/MODEL: Simtek 8-Foot Wall
TYPE: Privacy Fence
Summary of Test Results
Data
Description (Nominal Dimensions)
STC
OITC
File No.
89608.01
Simtek 8-foot wall, simulated rock wall, 8' by 8' privacy
26
20
fence section
Reference should be made to Architectural Testing, Inc. Report No. 89608.01-113-11 for
complete test specimen description. The complete test results are listed in Appendix B.
130 Derry Court
York, PA 17406-8405
phone: 717-764-7700
f- 717.71A A170
Architectural Testing
ACOUSTICAL PERFORMANCE TEST REPORT
Rendered to:
SIMTEKTm FENCE
1330 West 400 North
Orem, Utah 84057
Report No:
Test Date:
Report Date:
Expiration Date:
Test Sample Identification:
Series/Model: Simtek 8-Foot Wall
Type: Privacy Fence
Overall Size: 96" by 96"
Material: Polyethylene
Pattern: Simulated Rock Wall
89608.01-113-11
03/03/09
03/10/09
03/03/13
Project Scope: Architectural Testing, Inc. was contracted by SimTekTM Fence to conduct a
sound transmission loss test on a Series/Model Simtek 8-foot wall, privacy fence. A summary of
the results is listed in the Test Results section and the complete test data is included as Appendix
B of this report. The sample was provided by the client.
Test Methods: The acoustical tests were conducted in accordance with the following:
ASTM E 90-04, Standard Test Method for Laboratory Measurement of Airborne Sound
Transmission Loss of Building Partitions.
ASTM E 413-04, Classification for Rating Sound Insulation.
ASTM E 1332-90 (Re -approved 2003), Standard Classification for Determination of
Outdoor -Indoor Transmission Class.
ASTM E 2235-04, Standard Test Method for Determination of Decay Rates for Use in
Sound Insulation Test Methods.
130 Derry Court
York, PA 17406-8405
phone: 717-764-7700
89608.01-113-11
Architectural Testing Page 2of4
Test Equipment: The equipment used to conduct these tests meets the requirements of
ASTM E 90. The microphones were calibrated before conducting sound transmission loss tests.
The test equipment and test chamber descriptions are listed in Appendix A.
Sample Installation: Sound transmission loss tests were initially performed on a filler wall that
was designed to test 96" by 96" specimens. The filler wall achieved an STC rating of 68.
The 96" by 96" plug was removed from the filler wall assembly. The privacy fence was placed
on a foam isolation pad in the test opening. Duct seal was used to seal the perimeter of the
privacy fence to the test opening on both sides. The interior side of the privacy fence, when
installed, was approximately 1/4" from being flush with the receiving room side of the filler wall.
A stethoscope was used to check for any abnormal air leaks around the test specimen prior to
testing.
Test Procedure: The sound transmission loss test consisted of the following measurements:
One background noise sound pressure level and five sound absorption measurements were
conducted at each of the five microphone positions. Two sound pressure level measurements
were made simultaneously in both rooms, at each of the five microphone positions. The air
temperature and relative humidity conditions were monitored and recorded during the
background, absorption, source, and receive room measurements.
Sample Descriptions: A polyethylene fence section measuring 96" by 96" was tested.
SimTekTM Fence provided all test materials, and the test specimen did not arrive assembled.
Two horizontal sections were installed between two end posts.
Each horizontal section was 89-7/8" wide by 48" high and approximately 2" thick. Both
horizontal sections were hollow -molded polyethylene with an 18 gauge thick, 1-1/2" by 1-1/2"
hollow steel stiffener in the top and bottom rails.
The two polyethylene end posts were a nominal 5" by 5" by 96", C-channel shape. Each post
was filled with recycled polyethylene and had a 14 gauge, 2" by 3" hollow steel reinforcement
channel. The vertical sections were stacked and inserted into both C-channel shaped end posts.
Comments: The weight of the sample was 188 lbs. The client did not supply drawings on the
Series/Model Simtek 8-foot wall, privacy fence. The test specimen was returned per the client's
request. Photographs of the test specimen are included in Appendix C.
89608.01-113-11
Architectural Testing Page 3of4
Test Results: The STC (Sound Transmission Class) rating was calculated in accordance with
ASTM E 413. The OITC (Outdoor -Indoor Transmission Class) was calculated in accordance
with ASTM E 1332. A summary of the sound transmission loss test results on the Series/Model
Simtek 8-foot wall, privacy fence is listed below.
Summary of Test Results
Data
Description (Nominal Dimensions)
STC
OITC
File No.
89608.01
Simtek 8-foot wall, simulated rock wall, 8' by 8' privacy
26
20
fence section
The complete test results are listed in Appendix B. Flanking limit tests and reference specimen
tests are available upon request.
Detailed drawings, data sheets, representative samples of test specimens, a copy of this report, or
other pertinent project documentation will be retained by Architectural Testing for a period of
four years from the original test date. At the end of this retention period, such materials shall be
discarded without notice and the service life of this report will expire. Results obtained are
tested values and were secured by using the designated test methods. This report does not
constitute certification of this product nor an opinion or endorsement by this laboratory. It is the
exclusive property of the client so named herein and relates only to the specimen tested. This
report may not be reproduced, except in full, without the written approval of Architectural
Testing.
For ARCHITECTURAL TESTING, INC:
,A ev Ar,,,,
Nimuyspaby KwtA.cad-
Kurt A. Golden
Senior Technician - Acoustical Testing
KAG: jmcs
DVb11Y Sigmd by: Tail D. Kaffir
Todd D. Kister
Laboratory Supervisor - Acoustical Testing
Attachments (pages): This report is complete only when all attachments listed are included.
Appendix -A: Equipment description (1)
Appendix-B: Complete test results (2)
Appendix-C: Photographs (1)
Architectural Testing, Inc., is accredited by the International Accreditation Service, Inc. (IAS) under the
specific test methods listed under lab code TL-144, in accordance with the recognized International
Standard ISO/IEC 17025:2005. The laboratory's accreditation or test report in no way constitutes or
implies product certification, approval, or endorsement by IAS. This test report applies only to the
ACCREDITED i specimen that was tested.
Architectural Testing
Revision Log
Rev. # Date Pa2e(s) Revision(s)
03/10/09 N/A
Original Report Issue
This report produced from controlled document template ATI 00279, revised 12/03/08.
89608.01-113-11
Page 4 of 4
89608.01-113-11
Architectural Testing
Appendix A
Instrumentation:
Instrument
Manufacturer
Model
Description
ATI
Number
Analyzer
Agilent
35670A
Dynamic signal
Y002929
Technologies
analyzer
Receive Room Microphone
G.R.A.S.
40AR
1/2", pressure type,
Y003246
condenser microphone
Source Room Microphone
G.R.A.S.
40AR
1/2", pressure type,
Y003245
condenser microphone
Receive Room Preamp
G.R.A.S.
26AK
1/2" preamplifier
Y003249
Source Room Preamp
G.R.A.S.
26AK
1/2" preamplifier
Y003248
Microphone Calibrator
Bruel & Kjaer
4228
Pistonphone calibrator
Y002816
Noise Source
Delta
SNG-1
Two, uncorrelated
Y002181
Electronics
"Pink" noise signals
Equalizer
Rane
RPE228
Programmable EQ
Y002180
Power Amplifiers
Renkus-Heinz
P2000
Two Amplifiers
Y002179
Y001779
Receive Room
Renkus-Heinz
Trap
Two Loudspeakers
Y001784
Loudspeakers
Jr/9"
Y001785
Source Room
Renkus-Heinz
Trap
Two Loudspeakers
Y002649
Loudspeakers
Jr/9"
Y002650
Test Chamber:
Volume
Description
Rotating vane and stationary diffusers.
Receiving Room
8291.3 ft' (234 m3)
Temperature and humidity controlled.
Isolation pads under the floor.
Source Room
7296.3 ft3 (206.6 m)
Stationary diffusers only.
Temperature and humidity controlled.
Maximum Size
Description
TL Test Opening
14 ft wide by 10 ft high
Vibration break between source and receive
rooms.
AJIM
89608.01-113-11
Architectural Testing
Appendix B
Complete Test Results
SOUND TRANSMISSION LOSS
ASTM E 90
Architectural, Testing
ATI No. 89608.01 Date 03/03/09
Client SimTekTm Fence
Specimen Series/Model: Simtek 8-foot wall, simulated rock wall, 8' by 8' privacy fence section
Specimen Area 64.00 Sq Ft
Filler Area 76.00 Sq Ft
Operator Kurt Golden
Bk rd
Absorp
Source
Receive
Filler
Specimen
Temp F
71.2
70.9
71.7
71.1
71.8
71.2
RH %
44.1
44.6
45.1
44.3
42.9
44.5
Bkgrd
Absorp
Source
Receive
Filler
Specimen
95%
No. of
Trans
Freq
SPL
(Sabines
SPL
SPL
TL
TL
Conf
Defici-
Coef
Hz
dB
/Sq Ft
dB
dB
(dB)
((dB)
Limit
encies
Diff
80
40.3
55.5
83.9
70.8
47.1
14
2.04
0
32.6
100
39.3
50.6
87.9
74.3
47.9
15
2.27
0
32.5
125
41.5
51.7
91.8
77.4
55.1
15
2.01
0
39.0
160
39.3
56.3
94.5
80.8
55.3
14
1.22
0
40.4
200
38.3
57.5
98.6
84.5
54.5
15
0.60
1
39.1
250
36.8
63.6
99.1
85.0
57.0
14
0.96
5
42.1
315
36.1
69.1
98.0
81.1
57.5
17
0.78
5
40.1
400
34.4
74.6
97.6
78.7
62.5
18
0.81
7
43.6
500
34.0
69.5
99.1
77.2
66.0
22
0.36
4
43.7
630
32.2
65.0
101.8
76.3
67.0
25
0.45
2
40.8
800
35.2
63.5
101.2
72.0
70.6
29
0.38
0
40.6
1000
32.7
65.5
100.9
69.2
74.0
32
0.26
0
41.7
1250
32.4
72.7
104.0
71.3
75.3
32
0.53
0
42.4
1600
30.1
77.1
110.0
78.3
74.1
31
0.47
0
42.5
2000
21.2
83.3
105.3
74.0
72.3
30
0.22
0
41.3
2500
10.9
98.8
103.7
72.6
74.6
29
0.22
1
44.7
3150
11.6
114.4
104.3
73.2
80.2
29
0.44
1
50.9
4000
9.5
137.9
103.2
69.8
83.2
30
0.33
0
52.4
5000
7.8
176.6
101.4
64.8
86.2
32
0.46
0
53.3
STC Rating = 26 (Sound Transmission Class)
Deficiencies = 26 (Number of deficiencies versus contour curve)
OITC Rating = 20 (Outdoor/lndoor Transmission Class)
Notes:
1) The acoustical chambers are qualified for measurements down to 80 hertz. Data reported below 80 hertz is for reference only.
2) Transmission loss coefficient differences less than 6 indicate the lower limit of the transmission loss for this specimen. These cells are
highlighted red.
3) Transmission loss coefficient differences between 6 and 15 indicate there has been a filler wall correction applied. These cells are
highlighted green.
4) Receive Room levels less than 5dB above the Background levels are highlighted in yellow.
Architectural Testing, Inc is accredited by the International Accreditation Service, Inc. (IAS) under the specific test methods listed
under lab code TL-144, in accordance with the recognized International Standard ISO/IEC 17025:2005. The laboratory'E
accreditation or test report in no way constitutes or implies product certification, approval, or endorsementby IAS. This test report
ACCR applies only to the specimen that was tested.
AOL
-'lam
Arch t+eoturat Testing
ATI No. 89608.01 Date 03/03/09
Client SimTekTm Fence
Specimen Series/Model: Simtek 8-foot wall, simulated rock wall, 8' by 8' privacy fence section
Specimen Area
Filler Area
Operator
64.00 Sq Ft
76.00 Sq Ft
Kurt Golden
Sound Transmission Loss
80
70
60
m
N
O 50
J
O
.y
N 40
.E
N
C
L
E" 30
.O
C
O
N
20
10
—+— Sound Transmission Loss
STC Contour
0
10 100 1000 10000
Frequency (Hz)
Architectural Testing, Inc is accredited by the International Accreditation Service, Inc. (IAS) under the specific test methods li
under lab code TL-144, in accordance with the recognized International Standard ISO/IEC 17025:2005. The laboratory'
►" 3 accreditation or test report in no way constitutes or implies product certification, approval, or endorsement by IAS. This tes
ACCREDITEDi report applies only to the specimen that was tested.
AMEL
89608.01-113-11
Architectural Testing
Appendix C
Photographs
Receive Room View of Installed Specimen
Source Room View of Installed Specimen
Architectural Testing
PERFORMANCE TEST REPORT
Rendered to:
SIMTEK FENCE
TYPE: Sim Tek Privacy Fence System
Report No: 72820.02-119-18
Report Date: 12/13/07
130 Derry Court
York, PA 17406-8405
phone: 717-764-7700
Architectural Testing
PERFORMANCE TEST REPORT
72820.02-119-18
December 13, 2007
TABLE OF CONTENTS
PERFORMANCE TEST REPORT............................................................................................ 1
1.0 General Information.........................................................................................................1
1.1 Product............................................................................................................................ 1
1.2 Project Description.......................................................................................................... 1
2.0 Wind Load Testing.......................................................................................................... 1
2.1 Test Specimen................................................................................................................. 1
2.2 Equipment....................................................................................................................... 1
2.3 Test Setup........................................................................................................................ 2
2.4 Test Procedure................................................................................................................ 2
2.5 Limitations of Test.......................................................................................................... 3
2.6 Wind Load Panel Test Results........................................................................................ 3
2.7 Wind Load Post Test Results.......................................................................................... 5
3.0 Summary and Conclusions............................................................................................... 6
RevisionLog.................................................................................................................................. 8
Appendix A - Drawings
Appendix B - Photographs
AM
Architectural Testing
PERFORMANCE TEST REPORT
Rendered to:
SIMTEK FENCE
1301 West 400 North
Orem, Utah 84057
Report No: 72820.02-119-18
Test Dates: 05/31/07
Through: 10/30/07
Report Date: 12/13/07
1.0 General Information
1.1 Product
6 ft by 6 ft SimTek Privacy Fence Systems
1.2 Project Description
Architectural Testing, Inc. was contracted by SimTek Fence to perform dynamic wind load tests
on their 6 ft by 6 ft privacy fence systems. This report includes comprehensive written and
photographic documentation of the testing performed.
2.0 Wind Load Testing
2.1 Test Specimen
Three (3) fence sections measuring approximately 6 ft wide by 6 ft tall and three (3) 102" posts
were tested. SimTek Fence provided all test materials to Architectural Testing, Inc.
See drawings in Appendix A for detailed descriptions of assembly and components.
2.2 Equipment
The wind generator consists of an engine driven vane axial fan. The fan blades were fixed at a
5-1/21 pitch as marked on the fan. The plenum has an outlet of 8 ft wide by 4 ft high with eight
2 ft by 2 ft baffled outlets. Deflections were measured with linear transducers accurate to 0.01".
Wind speeds were calibrated according to Section 7 of Miami-Dade's Protocol TAS 100-95
(reference Architectural Testing, Inc. Report No. 72064.02-119-16).
130 Derry Court
York, PA 17406-8405
phone: 717-764-7700
ARM
ARM
EL 72820.02-119-18
Architectural Testing Page 2of8
2.3 Test Setup
Wind Loading on Panels
A steel test fixture was designed and fabricated to simulate a rigid post embedment. The bottom
of the bottom rail was positioned 1" above the top of the test fixture. An additional panel section
was added and anchored to the ground to simulate field installation conditions. The wind
generator outlet was located 4 ft from the face of the specimen (see photographs in Appendix B).
Linear transducers were fixed on the top rail, middle of the in -fill area, and bottom rail for
deflection measurements.
Wind Loading on Post
A steel test fixture was designed and fabricated to simulate a rigid post embedment. The post
was positioned in the center of the fixture and connected to one panel section with threaded rods.
The wind generator outlet was located 4 ft from the face of the specimen (see photographs in
Appendix B). Linear transducers were fixed on the top rail, middle of the in -fill area, and bottom
rail for deflection measurements.
2.4 Test Procedure
Panel and Post Testing Procedure
Wind load testing was performed at 75 mph and held for duration of 50 seconds followed by a
relaxation period of one to two minutes. Following the relaxation period the fence was subjected
to a wind load of 110 mph for 35 seconds or until failure. Duration of wind load at each
increment was determined by using the following equation:
t = 3600 / Vf, (Equation 1)
where:
t = duration, seconds, and
Vf7, = "fastest mile" wind speed, mph.
Wind speeds used in testing correlate with "fastest mile" wind speeds (Vf,,) for reference to codes
and design standards. Maximum deflections were recorded at each load level. Three (3) panel
specimens and three (3) post specimens were tested using this sequence of loading.
72820.02-119-18
Architectural Testing Page of
2.5 Limitations of Test
Test setup and procedure provides information for evaluation of the fence assembly to resist
sustained wind speeds indicated in the test results. This evaluation includes the transfer of wind
loads to the fence panels, rails, and support posts.
2.6 Wind Load Panel Test Results
See drawings in Appendix A for assembly details and photographs in Appendix B for specimen
orientation respective to wind direction.
Specimen Description: 6 ft x 6 ft SimTek Privacy Fence System
Grade to Bottom Rail Height: 1"
Rails: Two 18 gauge by 1-1/2" by 70-1/4" long rectangular galvanized stiffeners
Panels: One 71-3/4" by 69-1/2" Linear Low Density Polyethylene Shell (LLDPE)
Post: Two 5" by 5" in -line "I" shaped-LLDPE shell with polyethylene foam core with
18 gauge galvanized reinforcing "Z" insert and one 5" by 5" end post with LLDPE shell
and polyethylene foam core with 16 gauge galvanized reinforcing "C" insert.
Rail Attachment: The panel was attached through the grooved channels on the post.
No fasteners were used to secure the panels. The brackets were attached to the composite
posts using three #10 by 2-1/2" stainless steel screws.
Specimen #1
Test Date: 5/31/07
Wind Speed Duration Maximum Deflection (inches)
Top Mid Bottom
75 mph 50 sec 2.17 3.32 0.58
0 mph
Permanent set
1.11
0.94
0.27
110 mph
35 sec
2.24
3.72
1.18
0 mph Permanent set 2.03 1.59 0.39
Maximum Sustained Wind, Vf,,, = 110 mph (equivalent Vas = 130 mph)
AIM
72820.02-119-18
Architectural Testing Page 4of8
2.6 Wind Load Panel Test Results: (Continued)
Specimen #2
Test Date: 05/31/07
Wind Speed
Duration
Maximum Deflection (inches)
Top Mid
Bottom
75 mph
50 sec
1.92 3.32
0.57
0 mph
Permanent set
-- --
0.22
110 mph
35 sec
-- --
0.76
0 mph
Permanent set
-- --
0.13
-- Indicates no data point recorded
Maximum Sustained
Wind, Vfm =
110 mph (equivalent Vas = 130 mph)
Specimen #3
Test Date: 05/31/07
Wind Speed
Duration
Maximum Deflection (inches)
Top Mid
Bottom
75 mph
50 sec
-- 4.57
0.64
0 mph
Permanent set
-- 1.09
0.19
110 mph
35 sec
-- 10.05
1.40
0 mbh
Permanent set
-- --
--
-- Indicates no data point recorded.
Maximum Sustained Wind, Vfm = 110 mph (equivalent Vas = 130 mph)
72820.02-119-18
Architectural Testing Page 5of8
2.7 Wind Load Post Test Results
See drawings in Appendix A for assembly details and photographs in Appendix B for specimen
orientation respective to wind direction.
Specimen Description: 6 ft x 6 ft SimTek Privacy Fence System
Grade to Bottom Rail Height: 1"
Rails: Two 18 gauge by 1-1/2" by 70-1/4" long rectangular galvanized stiffeners
Panels: One 71-3/4" by 69-1/2" Linear Low Density Polyethylene Shell (LLDPE)
Post: One 5" by 5" in -line "I" shaped-LLDPE shell with polyethylene foam core with
18 gauge (0.54 minimum thickness) galvanized reinforcing "Z" insert made with HSLAS
(high strength, low alloy steel) Grade 60, Class 2.
Post Attachment: The post was attached to the center of the panel with threaded rods
and anchored to the test fixture with steel angles.
Specimen #1
Test Date: 10/29/07
Wind Speed Duration Maximum Deflection (inches)
Top Mid Bottom
75 mph 50 sec -- -- --
0 mph Permanent set -- -- --
110 mph 35 sec -- -- --
0 mph Permanent set -- -- --
-- Indicates no data point recorded.
Maximum Sustained Wind, Vfm = 110 mph (equivalent Vas = 130 mph)
Specimen #2
Test Date: 10/30/07
Wind Speed
Duration
Top
Maximum Deflection (inches)
Mid
Bottom
75 mph
50 sec
2.17
1.19
0.27
0 mph
Permanent set
0.58
0.38
0.15
110 mph
35 sec
5.89
3.21
0.74
0 mph
Permanent set
1.38
0.83
0.32
Maximum Sustained Wind, Vfm = 110 mph (equivalent Vas = 130 mph)
Ak
Architectural Testing
2.7 Wind Load Post Test Results: (Continued)
Specimen #3
Test Date: 10/30/07
72820.02-119-18
Page 6 of 8
Wind Speed
Duration
Maximum
Top
Deflection (inches)
Mid
Bottom
75 mph
50 sec
1.59
0.89
0.23
0 mph
Permanent set
0.46
0.31
0.16
110 mph
35 sec
4.98
2.73
0.68
0 mph
Permanent set
1.35
0.82
0.33
Maximum Sustained Wind, Vfm = 110 mph (equivalent Vas = 130 mph)
2.8 Summary and Conclusions
The tested samples of SimTek Privacy Fence withstood a 110 mph sustained wind corresponding
to "fastest mile wind speed", Vf,r,. Equivalent 3-second gust wind speed MS) is 130 mph.
ARM
72820.02-119-18
Architectural Testing Page 7of8
Detailed drawings, data sheets, representative samples of test specimens, a copy of this test
report, and all other supporting evidence will be retained by Architectural Testing, Inc. for a
period of four years from the original test date. At the end of this retention period, said materials
shall be discarded without notice, and the service life of this report by Architectural Testing, Inc.
shall expire. Results obtained are tested values and were secured using the designated test
methods. This report neither constitutes certification of this product nor expresses an opinion or
endorsement by this laboratory; it is the exclusive property of the client so named herein and
relates only to the tested specimens. This report may not be reproduced, except in full, without
the written approval of Architectural Testing, Inc.
For ARCHITECTURAL TESTING, INC:
Dgally by: Nkahew C. Ho� a
Matthew C. Holloway
Technician
MCH:mch/alb
Attachments (pages)
Appendix A - Drawings (6)
Appendix B - Photographs (3)
Digit* Signed by: Travis Hoover
Travis A. Hoover
Project Engineer
Architectural Testing
Revision Log
Rev. # Date Page(s) Revision(s)
12/13/07 N/A Original report issue
72820.02-119-18
Page 8 of 8
Architectural Testing
APPENDIX A
Drawings
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Architectural Testing
APPENDIX B
Photographs
72820.02-119-18
Architectural Testing
Photo No. 3
Specimen #2 during Wind Load Panel Test
Photo No. 4
Wind Load Post Setup
72820.02-119-18
Architectural Testing
Photo No. 1
Wind Load Panel Test Setup
Photo No. 2
Specimen #1- at 110 mph Wind Speed
72820.02-119-18
Architectural Testing
Photo No. 5
Specimen during Testing of Post
Photo No. 6
Specimen during Testing of Post