18. Final Plat - Northland Subdivision Phase 3REPORT TO:
FROM:
SUBJECT
MEETING DATE:
City of Kalispell
Planning Department
17 - 2ndStreet East, Suite 211, Kalispell, Montana 59301
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.com
Kalispell Mayor and City Council
Sean Conrad, Senior Planner
James H. Patrick, City Manager
Final Plat for Northland Subdivision Phase 3
August 6, 2007
BACKGROUND. This is a request for final plat approval of Northland Subdivision
Phase 3 , a 25 lot residential subdivision and 1.1 acre homeowner's parr on
approximately 9.3 acres. The property is generally located to the vest of Northridge
Subdivision and north of Meadowland Subdivision in the west part of Kalispell. This
is the third and final phase of a multi -phase Planned Unit Development that plats 83
residential lots on approximately 30.39 acres. The property was annexed %nto the city
of Kalispell as part of the preliminary plat review process and given an initial zoning
designation of r-3, Urban Single Family residential in April of 2004.
The Northland Subdivision was given preliminary plat approval by the Kalispell City
Council on April 5, 2004 subject to 17 conditions. An automatic two-year extension of
the preliminary plat approval is granted for each successive phase of original
preliminary plat.
As a requirement of the preliminary plat, more than two-thirds of the required
improvements have been installed and a Subdivision Improvements Agreement in the
amount of $188,774.38 has been submitted to secure completion of the remaining
improvements which consists primarily of sidewalks, landscaping, and parr
improvements. The letter of credit addresses 12 5% of the estimated cost of remaining
improvements. The estimated completion date is July 15, 2008.
REDO 01ENDATION: A notion to accept the Subdivision Improvements Agreement
and approve the final plat for Northland Subdivision Phase 3 would be in order.
FISCAL EFFECTS: Potential minor positive impacts once developed.
ALTERNATIVES: As suggested by the City Council.
Final Plat for Northland Subdivision Phase 3
July 23, 2007
Page 2
Respectfully submitted,
Y
Sean Conrad
Senior Planner
Report compiled: July 23, 2007
i7
E
..�4mes H. Patrick
City Manager
Attachments: Letter of transmittal
Final plat application and supporting documents
City of Kalispell
Planning Department
17 w- 2"dStrom East, Suite 211. , K.aftspell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispellplanning.cam
July 23, 2007
James H. Patrick, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59901
Re: Final Plat for Northland Subdivision Phase 3
Dear Jim:
This is a request for final plat approval of Northland Subdivision Phase 3, a 25 lot
residential subdivision and 1.1 acre homeowner's park on approximately 9.3 acres.
The property is generally located to the west of Northridge Subdivision and north of
Meadowland Subdivision in the west part of Kalispell. This is the third and final
phase of a multi -phase Planned Unit Development that plats 33 residential lots on
approximately 30.39 acres. The property was annexed into the city of Kalispell as
part of the preliminary plat review process and given an initial zoning designation of
R-3, Urban Single Family Residential in April of 2004.
The Northland Subdivision was given preliminary plat approval, by the Kalispell City
Council on April 5, 2004 subject to 17 conditions. An automatic two-year extension
of the preliminary plat approval is granted for each successive phase of original
preliminary plat.
As a requirement of the preliminary plat, more than two-thirds of the required
improvements have been installed and a Subdivision Improvements Agreement in the
amount of $188,774.38 has been submitted to secure completion of the remaining
improvements which consists primarily of sidewalks, landscaping, and park
improvements. The letter of credit addresses 12 5% of the estimated cost of remaining
improvements. The estimated completion date is July 15, 2005.
The preliminary plat was approved with conditions as outlined below. The following is
a discussion of compliance with each of these conditions as well as findings of
compliance with the city subdivision regulations and zoning ordinance.
Final Plat for Northland Subdivision Phase 3
July 23, 2007
Page 2
COM[PLIANCE WITH CONDITIONS OF OCTAL:
Condition 1. Development of the subdivision shall be platted in substantial
compliance with the approved preliminary plat which governs the location of lots and
roadways within the subdivision.
■ This condition has been met. The subdivision has been platted in compliance with
the approved preliminary plat.
Condition 2. That the plans and specifications for all public infrastructure be
designed and installed in accordance with the Kalispell Design and Construction
Standards and a letter shall be obtained stating that they have been reviewed and
approved by the Kalispell Public Works Department. (Kalispell Subdivision
Regulations, chapter 3, Design Standards, Section 3.01) .
This condition has been net. A letter from Kalispell Public works Department
dated July 27, 2004 approving the plans and specifications for the required
A
nfrastructure has been submitted with the final plat. A subsequent letter from
the Public Works Department dated May 29, 2007 approves of the existing
completed improvements except those listed in the Subdivision Improvements
Agreement under Exhibit "A".
Condition 3. The following requirements shall be met per the Kalispell Fire
Department. (Kalispell Subdivision Regulations, Section 3.20) .
a. Water mains designed to provide minimum fire flows shall be installed per
City specifications at approved. locations. Minimum fire flows shall be in
accordance with Uniform Fire code (1997) Appendix 111-A.
b. Fire hydrants shall be provided per city specifications at locations approved
by this department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with Uniform Fire
Code (1997) Article 9.
d. Regarding proposed street names; Ashley Drive exists in the south area of
town. An alternate street name shall be provided.
e. Due to project phasing it should be noted that hazardous weed abatement
shall be provided in accordance with city of Kalispell Ordinance 10--8.
• This condition has been met. A letter from the Kalispell Fire Department dated
May 1, 2007 approving the subdivision has been submitted with the final plat.
Condition 4. That a letter be obtained from the Kalispell Parks and Recreation
Director approving a landscape plan for the placement of trees and landscaping
materials within the five foot landscape boulevard developed between the curb and
the sidewalk. (Kalispell Subdivision Regulations, Section 3.11).
Final Plat for Northland Subdivision Phase 3
July 23, 2007
Page 3
* This condition has been met. A letter from the Parks and Recreation Department
dated December 6, 2004 approving a landscape plan has been submitted with the
final plat. Street trees and seeding have been included in the Subdivision
Improvements Agreement.
Condition S. That the area designated on the plan as "park" shall be
developed in accordance with a plan approved by the Kalispell Parks and Recreation
Director that provides recreational amenities including but not limited to irrigation,
landscaping and play equipment so as to provide a recreational component within the
development and not simply left as passive open space. The park development may
be used as all or in part as satisfying the one -ninth parkland dedication requirements
for the entire development depending on the ultimate total area in lots and the
investment made in park improvements. (Kalispell. Subdivision Regulations, Section
3.19).
This condition has been met. A letter from the Parks and Recreation Department
dated December 6, 2004 approving the development plan for the park has been
submitted with the final plat. A subsequent letter from the Parks and Recreation
Department dated July 6, 2007 details the improvements to each of the parks.
The cost of these improvements has been included in the Subdivision
Improvements Agreement.
Condition 6. That a provision be made for the extension of the proposed
roadway through proposed Lot 52 to provide access to the adjoining subdivision to
the southwest, Empire Estates. (Kalispell Subdivision Regulations, Section. 3.04) .
■ This condition has been met as part of phase II.
Condition 7. A traffic analysis shall be performed under the Montana
Department of Transportation systems impact process that assesses this
development's impacts to the transportation systems in the immediate area. This
would be a single comprehensive study covering the multiple jurisdictions of the City,
County and State road systems and would identify needed improvements to roadways
impacted by this development. (MD01)
This condition has been met. A traffic analysis has been submitted with phase 1
of the Northlands subdivision. The traffic analysis concluded that the three
phases of the subdivision would not have an impact on the transportation systems
in the immediate area.
Condition S. 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
Final Plat for Northland Subdivision Phase 3
July 23, 2007
Page 4
Kalispell Fire Department. (Kalispell Subdivision Regulations, Section 3.09).
This condition has been met. The road names have been reviewed and approved
by the Kalispell Public Works Department as part of the construction document,
as per the final plat letter.
Condition 9. The developer shall provide a letter from the U.S. Postal Service
approving the plan for mail service. (Kalispell Subdivision. Regulations, Section 3.22).
This condition has been met. A letter from the LISPS dated 1 / 14 / 05 has been
submitted with the final plat approving a mail service location.
Condition 10. Street lighting shall be located within the subdivision and shall be
shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell
Subdivision Regulations Section 3.09(L)).
* This condition has been met. Street lighting has been completed as required.
Condition 11. All utilities shall be installed underground. Kalispell Subdivision
Regulations, Section 3.17).
■ This condition has been met. The utilities have been installed underground.
Condition. 12. That a nini*mum of two-thirds of the necessary infrastructure for
this subdivision shall be completed prior to final plat submittal.
• This condition has been met. Approximately 87 percent of the required
improvements have been completed and the remaining improvements have been
}neluded. in a Subdivision Improvements Agreement..
Condition 13. All areas disturbed during development of the subdivision shall be
re -vegetated with a weed -free mix immediately after development.
This condition has been adequately addressed. Revegetati.on will be done upon the
completion of development and seeding has been included in the Subdivision
Improvements Agreement.
Condition 14. That a development agreement be drafted by the Kalispell City
Attorney between the city of Kalispell. and the developer outlining and formalizing the
terms, conditions and provisions of approval. The final plan as approved, together
with the conditions and restrictions imposed, shall constitute the Planned Unit
Development (PUD) zoning for the site.
• This condition has been net. A development agreement has been executed
Final Plat for Northland Subdivision Phase 3
July 23, 2007
Page 5
between the City of Kalispell and the developer and has been included with the
phase 1 final plat application, a copy is attached.
Condition 1 S. That preliminary plat approval for the first phase of the Planned
Unit Development shall be valid for a period of three years from the date of approval
with an automatic two-year extension as each phase of the subdivision plat has been
completed and Bled. (Kalispell Subdivision Regulations, Section 2.04) .
■ This condition has been met. The final for phase 11 was approved by council on
February 6, 2006. The final plat for phase III has been submitted prior to the
expiration date of February 6, 2008.
Condition 16. That trucks and other heavy equipment shall access the site from
Stillwater Road that shall be developed during the first phase of the subdivision, and
not through any existing residential areas. Other construction travel shall be kept to
a minimum through residential areas.
■ This condition has been met. The letter from 48 North Engineering dated June 1,
2007 states that to the best of the developers ability, truck and heavy equipment
have been required to access the site from Stillwater Road. The letter goes on to
state that although not all truck and heavy equipment traffic use Stillwater Road
as an access point, the majority of the contractors obey the requirement
Condition 17. That a sixty foot easement for the extension of a future road and
utilities shall be granted tot eh north on Northland Drive to allow for future access to
Four Mile Drive.
• This condition is met. The final plat shows a future 60-foot right -of way to the
north to allow for the eventual connection to Four Mile Drive.
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 complies with the Kalispell Zoning Ordinance and the R--3 Planned
Unit Development over which constitutes the zoning for the property.
RECOMMENDATION:
All of the conditions of preliminary plat approval have been adequately addressed.
The staff recommends that the Kalispell City Council approve the final plat for this
Final Plat for Northland Subdivision Phase 3
July 23, 2007
Page 6
subdivision. Please note that the Subdivision Improvements Agreement should be
accepted along With the final plat approval. Please schedule this matter for the
August 6, 2007 regular city council meeting if possible. You may call me at 751--1852
if I can be of assistance to you regarding this matter.
Sincerely,
Sean Conrad
Senior Planner
Attachments: Vicinity map
11 x 17 copy of final plat
1 opaque mylar of final plat
1 reproducible mylar of final plat
1 blueline of final plat
Letter from 48 North Engineering dated 6 / 1 / 07
Final plat application dated 5 J 4 j 07
Engineer's certification from 48 North dated 5/1/07
Letters from Kalispell Public Works dated 7/27/04, 7/27/07 and
5/29/07
Letter from MDEQ dated 6/24/04
Letter from MDEQ dated 7 / 7 j 04
Letter from Fire Dept dated 5 / 1 / 07
Letters from Parks and Rec dated 12 / 6 / 04 and 7/6/07
Letter from USPS dated 1 / 14 / 05
Subdivision Improvements Agreement dated 7 / 2 / 07
Engineer's certification Exhibit A
Letter of credit from Whitefish Credit Union dated 7/9/07
PUD Development Agreement dated 12 / 22 / 04
Title report dated 6 / 1 / 07
Consent to plat from Whitefish Credit Union dated 6 / 19 / 07
Treasurer's certification dated 6 / 15 / 07
Traffic Study by Morrison Maierle, Inc. (upon request in planning
office)
c: 48 North, 151Business Center Loop Ste. A, Kalispell, MT 59901
Bridgeland Development, Box 2789, Columbia Palls, MT 59912
Theresa White, Kalispell City Clerk
Return to:
Theresa white
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
APPENDIX. E
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 2nd day of Jul , 20071 by and between the
CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the
CITY, and
BRIDGELAND DEVELOPMENTSL.L.P. ,
(Name of Developer)
a LIMITED LIABILITY PARTNERSHIP ,
(Individual, Company or Corporation)
located at 622 ST. ANDREWS DRIVE COLUMBIA FALLS MT. 59912 ,
(Street Address/P. 0. 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 NORTHLAND
SUBDIVISION PHASE 3
(Name of Subdivision)
located at ASSESSOR'S TRACT 1 CA LOCATED IN SECTION 1 TOWNSHIP 28 NORTH RANGE 22
WEST, P.M.M., FLATEHEAD COUNTY, MONTANA. _ _ _ ,
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of
NORTHLAND SUBDIVISION PHASE 3, upon the conditions as set forth
(Name of Subdivision)
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 A"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$ 151,019.50
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
$ _I 88,774.38 . 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 $ I88,774.38......,.....�,_. ,
the estimated cost of completing the required improvements in
NORTHLAND SUBDIVISION PHASE 3
(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 July,..�, 20 2408
3. That upon completion of the required improvements, the Developer shall cause to
be filed with the City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards specified by the City
for their construction and that the Developer warrants said improvements against any and all
defects for a period of one ( 1 ) year from the date of acceptance of the completion of those
improvements by the City;
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the City;
and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles,
grades and specifications of said improvements, with the certification of the registered
professional engineer responsible for their preparation that all required improvements have been
installed in conformance with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS
FOLLOWS, TO -WIT:
That the Developer shall provide for inspection of all required improvements by a registered professional engineer
before the Developer shall be released from the Subdivision Improvement Agreement.
That if the City determines that any improvements are not constructed in compliance with the specifications, it shall
furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such
compliance. If the City determines that the Developer will not construct any or all of the improvements in
accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ
such funds as may be necessary to construct the improvement or improvements in accordance with the
specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as
is appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before
written.
NORTHLAND SUBDIVISION PHASE 3 IBRIDGELAND DEVELOPMENT L.L.P.
(Name of Subdivision/Dev loper/Firm)
by ,4 �w
(Title)
STATE OF MONTANA
COUNTY OF .
On this .17 day of ut S 20�before me, a Notary Public
for the State oA Montana, personally appeared 7' , known to
me to be the S of z6lonthlanA !SLALZu,!Sj'we%� , 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.
'������`t1�fltEI,f{ J
Notary Publi for the State of Montana -'-y MARILYN DUNK
Residing at � �* N O�,AR I A L',*= NOTARY PUB�.1G-�ITANA
My Commission Expires �� = SEAL Residing Montana
Ex Sept. 20, M
it
MAYOR, CITY OF KALISPELL ATTEST:
MAYOR CITY CLERK
EXHIBIT "A"
CERTIFICATION OF WORK TO BE COMPLETED
NORTHLAND SUBDIVISION, PHASE 3
SUBDIVISION ROADS & OVERLOT GRADE
COMPLETED TO DATE
May 1, 2007
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Pace
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
101
Excavation / Subgrade Prep
C.Y.
46,500
6,820
2,380
1,191
7,447
4,247
18,860
3,088
$ 2.22
$ 103 230.00
46,500
103 230.00
102
Stabilization Fabric
S.Y.
1 1.00
$ 6,820.00
6,820
$6 820.00
103
Select Subbase
C.Y.
$ 12.50
$ 29 750.00
2 380
29 T50.00
104
314" Crushed Gravel
C.Y.
$ 15.55
18 520.05
1 191
$18 520.05
106
4" Ash attic Cement
S.Y.
8.55
63,671.86
7,447
$63 671.85
106
Curti & Gutter
L.F.
8.25
$ 35 037.75
4 247
$35 037.75
107
5' x 4" Concrete Sidewalks 1 Gravel
S.F.
$ 2.90
$ 54 694.00
0
$0.00
108
5" x 6" Concrete Sidewalks 1 Gravel
S.F.
$ 3.75
$ 11 680.00
0
$0.00
SUBTOTAL ITEMS 101-109
$ 323,303.65
$257,029.65
WATER SYSTEM
COMPLETED TO DATE
May 1 2007
1Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
201
8" Water Main
L.F.
2,192
$ 15.75
34 524.00
2,192
$34 524.00
202
8" Gate Valves & Boxes
EACH
9
$ 955.00
$ 8,595.00
9
$8 695.00
203
8" Ductile Iron Fittings
EACH
5
$ 435.00
$ 2,175400
5
$2175.00
204
Fire Hydrants w! Aux. Valve & Box
EACH
5
$ 2,765.00
$ 13 775.00
5
13 775.00
205
1 Water Services
EACH
19
$ 510.00
9 690.00
19-
9 690.00
SUBTOTAL ITEMS 201 - 205
$ 68,759.00
--
$68,759.00
SEWER SYSTEM
COMPLETED TO DATE
May 1, 200T
1Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
301
8" Sewer Main
L.F.
1,730
$ 15.20
26 296.00
1 730
$26 296.00
302
4' Diam. Manholes w/ Ring & Cover
EACH
9
$ 1,630.00
$ 14 670.00
9
$14 670.00
303
4" Sch. 40 PVC Sewer Services
EACH
19
$ 460.00
$ 8 740.00
19
$8 740.00
SUBTOTAL ITEMS 301 - 303
1
$ 49,706.00
$493706.00
DRAINAGE & MISCELLANEOUS WORK
COMPLETED TO DATE
Ma 1 2007
Item
No.
Description
Unit
Measure
Estimated
Quan
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
401
8" PVC Storm Drain
L.F.
244
14.00
$ 3,416.00
244
$3 416.00
402
Catch Basin wl Inlet
EA.
4
$ 1,262.00
$ 6,048.00
4
$5 048.00
403
RIprap
G.Y.
19
68.00
$ 1,292.00
19
$1292.00
404
Topsoil Removal
C.Y.
21,7001--$
1.10
23 870.00
21,700
$23 870.00
405
Seeding
LUMP SUM
1.00
8 000.00
S 00D.00
1
$8 000.00
406
Tree's
EA.
52.00
$ 350.00
$ 18,200.00
0
$0.00
407
Park - 20' Shelter
EA.
1.00
$ 20 000.00
$ 20000.00
a
0.00
406
Park - Play Structure
EA.
1.00
$ 30 000.00
$ 30 000.00
a
$0.00
406
Park - Benches
EA.
6.00
$ 450.00
2 700.00
0
$0.00
406
Park - Trees
EA.
19.00
500.00
$ 9 500.00
0
$0.00
407
Park - Path
S.F.
11,719
1 1.50
17 578.50
8,822
$13,233.00
407
Mobilization
LUMP SUM
1.00
$ 4100.00
$ 41100.00
1
100.00
SUBTOTAL ITEMS 401 - 407
$ 143,704.50
$58,95�,00
UTILITIES - TRENCHING, CONDUIT, VAULTS & LIGHTS
COMPLETED TO DATE
Ma 1 2007
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
501
Utility Trench wl Bedding
L.F.
2,611
$ 3.00
$ 7,833.00
2,611
7 833.00
502
2" Conduit wl Pull Rope
L.F.
2,841
$ 1.70
4 829.70
2,8
$4 829.70
503
3" Conduit wl Pull Roe
L.F.
2 841
2.20
$ 6,250.20
2,841
$fi 250.20
504
4" Conduit wl Pull Roe
L.F.
1,647
$ 2.60
$ 4 282.20
1,647
282.20
505
4" and 3" Sweeps
EACH
62
$ 52.00
$ 3.224.0000
62
$4,224.00
506
1 Phase Transformer Vault
EACH
4
$ 625.00
$ 2,100.001
4
$2 100.00
507
3 Phase Transformer Vault
EACH
2
$ 1,050.00
$ 2100.00
2
2 100.00
508
Street Light Bases
EACH
8
600.00
$ 4,800.00
8
$4 800.00
509
SI na a Installation
LUMP SUM
0.31
$ 2 180.00
$ 675.80
0.3
$675.80
SUBTOTAL ITEMS 501-610
$ 361094.90
$36,094.90
SERVICE COSTS, FEES, ENGINEERING & SURVEYING
COMPLETED TO DATE
May 1, 2007
Item
No.
Description
Unit
Measure
Estimated
Quan
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST'
COMPLETED
601
Flathead Electric
LUMP SUM
1.00
$ 71 147.00
$ 71 147.00
100%
$71 147.00
602
Northwest Energy
LUMP SUM
1.00
$ 10 861.00
$ 10 851.00
100%
$10 851.00
603
Centu el
LUMP SUM
1.00
$ 10 611.00
10 611.00
100%
$10 611.00
ineerin Des n
LUMPSUM
0.00
37294.08
$ -
0%
$0.00
E05604En
Engineeting, Construction
LUMP SUM
0.00
$ 18,647.04
$ -
0%
$0.00
SUBTOTAL ITEMS 601 - 606
$ 92,609.00
$92,609.00
TOTAL PROJECT BUDGET
TOTAL ESTIMATED COST OF CONSTRUCTION
AMOUNT COMPLETED PRIOR TO BONDING
AMOUNT OF REMAINING WORK PRIOR TO BONDING
AMOUNT OF BOND (125% OF REMAINING WORK)
AMOUNT OF WORK COMPLETED TO DATE
PERCENTAGE OF WORK COMPLETED TO DATE
AMOUNT OF WORK REMAINING
ORIGINAL BOND AMOUNT
AMOUNT OF BOND TO BE RETAINED (126% OF REMAINING WORK)
BOND AMOUNT TO BE RELEASED
AMOUNT PREVIOUSLY RELEASED
AMOUNT TO BE RELEASED AT THIS TIME
AS PROJECT ENGINEER FOR NORTHLAND SUBDIVISION, PHASE 3,1 CERTIFY THAT THE
WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS
ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK. THE
VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE:
THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE:
SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF:
THEREFORE, IT IS IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT
TO REDUCE THE TOTAL AMOUNT OF THE SECURITY HELD BY: $0.00
$ 714,177.05 1 1 $ 563,157.55
$ 714,177.05
$ 663,157.65
$ 151,019.50
$ 188,774.38.
$ 563,157.55
79%
$ 161,019.60
$ 188,774.38
$ 188,774.38
$0.00
$0.00
0.a0
563,157.55
151,019.50
188,774.38
BRETT WALCHECK, P.E. *ALL IMPROVEMENTS SHALL BE COMPLETED BY: 7116/2008
�. SREVW�VA
1
t `� No.14d� ,\72pE i
111REVOCABLE STANDBY LETTER OF CREDIT
ISSUER: WHITEFISH CREDIT UNION
PO BOX 37
WHITEFISH, MT 59937
Date of Issue:07.09-2007
Letter of Credit Number: 166
Amount: U.S. $ 188 774.38
( ONE HUNDRED EIGHTY EIGHT THOUSAND SEVEN HUNDRED SEVENTY FOQR.O RS)
For Benefit Of:
Beneficiary Name and Address
CITY OF KALISPELL
PO BOX 1997 KALISPELL, MT 59903
For Account Of:
Applicant Name and Address
BRIDGELAND DEVELOPMENT, LLP
PO BOX 223
LETHBRIDGE, AB TU 3Y5
LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the
amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts, if the maximum number of drawings is
greater than one) together with the documents described below. Each Draft shall be signed on behalf of Beneficiary and be marked
"Drawn under [Issuer name] Letter of Credit No. [Letter of Credit number] dated [Letter of Credit date]." Drafts must be presented at
Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shall reduce the Amount available under
this Letter of Credit by the amount of the Draft.
This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any
reference in this Letter of Credit, or any document to which this Letter of Credit may be related.
This Letter of Credit expires on the Expiration Date.
DRAWINGS.
IN Partial drawings shall not be permitted under this Letter of Credit.
❑ Partial drawings are permitted. The maximum number of drawings that may be made is
DOCUMENTS. Each Draft must be accompanied by the following, in original and two copies except as stated:
IN The original Letter of Credit, together with any amendments.
❑ A. sight draft drawn by Beneficiary on Issuer.
❑ A signed statement by Beneficiary including the following statement:
❑ Other documents:
Issuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Letter of Credit, from
any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer to
verify the identify or authority of the person presenting the draft and such documentation.
SPECIAL INSTRUCTIONS:
EXPIRATION DATE. This Letter of Credit expires at the close of business at Issuer's address at MIDNIGHT (Time)
on - (Date) . Issuer agrees to honor all Drafts presented in
strict compliance with the provisions of this Letter of Credit on or before the Expiration Date.
❑ If Beneficiary has not drawn the full amount of this Letter of Credit prior to the Expiration Date, the Expiration Date shall be
extended for a period of days from the Expiration Date, unless Issuer notifies Beneficiary in writing at least
days prior to the Expiration Date that Issuer elects not to extend this Letter of Credit. In any event, this Letter
of Credit shall expire on without any notice from Issuer to Beneficiary.
jEoCIS � @ 200 1 Bankers Systems. Inc., St, Cloud, MN Form LC -STANDBY 1115/2002 (page 1 of 2)
l
TH
48
pipes 151 Business Center Loop Ste. A, Kalispell, MT 59901 ■ (P) 466-756-4848 ■ (F) 466-756-4849
U Z vu Engineering Sery ices
June 1, 2007
Attn: Tom Jentz
Kalis ell Planning Office
17 2 Street East, Suite 211
Kalispell, MT. 59901
RE: Final Plat Approval for Northland Subdivision Phase 3
Dear Tom:
As Engineer of record for Northland Subdivision, Phase 3, I herby certify that all the
conditions stated in Resolution No. 4872 have been completed to the best of my
knowledge. The following list of the required conditions can be found in appendix "A",
with a response to all the stated conditions stated below. Verification letters and exhibits
can be found in appendix "B", Subdivision Improvement Agreement can be found in
appendix "C", and the Final Plat application, Consent to Plat, Irrevocable Letter of
Credit, Title Report, and Planned Unit Development Agreement is in Appendix "D".
1.) The subdivision is being platted in substantial compliance with the approved
preliminary plat. The original layout was broke down to three separate phases (1, 2,
3), this still remains the same with the exception of phase designation. The phases
have been reallocated from the original layout.
2.) Plans and specifications were designed and installed per the Kalispell Design and
Construction Standards. Please see attached approval letters dated May 29, 2007, and
July 27, 2004 from City of Kalispell Public Works Department, and June 24, 2004 and
July 7, 2004 from the Department of Environmental Quality.
3.) All items identified in the condition have been met per previous approvals of phase 1,
2, and finalized in phase 3. Please see attached letter dated May 1", Zoo? from
Kalispell Fire Department for final approval.
4.) The City of Kalispell Parks and Recreation has approved a landscaping plan. Please
see attached approval letter dated December 6, 2004.
5.) The park area has been developed in accordance with a plan approved by the Kalispell
Parks and Recreation. The park area design is on the same layout as the boulevard
landscaping that was addressed *n item 4. Please see attached approval letter dated
December 6, 2004.
6.) Modifications were made to the overall construction plans to accommodate
continuation of the Right Of Way to the adjoining Empire Estates subdivision to the
south.
7.) Morrison Mairerle, Inc completed a traffic impact study per the Montana Department
of Transportation impact process. Conclusions stated that Northland Subdivision
would not adversely affect adjacent street. network. Please see attached letter dated
July 9, 2004. A copy of the report was submitted with the original Phase 1
application.
8.) Subdivision road names have been modified per the original preliminary plat and have
been reviewed by the Flathead County Plating Department. A signage plan was
included with the construction plans that were approved by the City of Kalispell
Public Works.
9.) An approved plan for mail service has been approved by United States Postal Service.
Please see attached letter dated December 7, 2004.
10.) Street lighting was designed by Flathead Electric Company, which worked in
conjunction with the City of Kalispell for light pole location and standards.
11.) All utilities have been placed underground and are in the Right of Ways or have been
granted an easement.
12.) Currently Nortl-fland Subdivision Phase 3 is S 7% complete with necessary
infrastructure. Please see Exhibit "C" for the SIA and cost analysis.
13.) Upon final completion of the development all disturbed areas will be re -vegetated.
14.) A development agreement drafted by the Kalispell City Attorney between the City of
Kalispell and the Developer has been completed. Please see Appendix "D'3 for a copy
of this agreement.
15.) The preliminary approval was granted on April 5, 2004, the filing of this phase is
scheduled for July 2, 2007.
16.) To the best of our ability truck and heavy equipment have been required to access the
site from Stillwater Road. All though not perfect 100% of the time, the majority of the
contractors obey the requirement.
17.) Modifications were made to the overall construction plans to accommodate
continuation of the Right Of Way to the adjoining subdivision to the north.
At this time we are requesting to be placed on the July 2, 2007 council hearing for a request of
final plat for the Northland Subdivision, Phase 3. I hope all the above responses to the stated
conditions are suffice to address any concerns of project completion that you may have.
If you have any questions or require additional information please feel free to give me a call
(406-756-4848).
Sincerely,
Brett Walcheck, P.E.
48 North, P.C.
Enclosures:
Ci*ty of
Planning Department
17 - 2nd Street .East, Suite 211., Kalispell, Montana 59901
Telephone: (406) 751 -1850
Fax: (406) 751-185 8
FINAL PLAT APPLICATION
Project /Subdivision name: NORTHLAND SUBDIVISION PHASE 3.
Contact Person: Owner & Mailing Address:
Name: 48 NORTH, P.C. BRIDGELAND DEVELOPMENT LLP.
Address: 151 Business Center Loo BOX 2789 622 SAINT ANDR.EWS DRIVE
Suite A Ralis ell MT. 59901 COLUMBIA FALL LS MT. 59912
Phone No.: 406-756-4848 406-892-0575
Date of Preliminary Plat Approval: APRIL 5 2004
Type of Subdivision: Residential X Industrial _Commercial PUD Other
Total Number of Lots in Subdivision 25
Land in Project (acres) 9.308
Parkland (acres) 1.183 Cash -in -Lieu $ Exempt
No. of Lots by Type:
Single Family 25 Townhouse Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial Industrial Planned Unit Development
Condominium Multi -Family other
Legal Description of the Property: A tract of land located in the Southeast 1/4, Northwest '/4 of
section 1, Township 28 North, Range 22 West, Principal Meridian, Flathead County, Montana
FILING FEE ATTACHED $ 3200.00
Minor Subdivision with approved preliminary plat $400 + $100/lot
Major Subdivision with approved preliminary plat $650 + $100/lot
Subdivisions with Waiver of Preliminary Plat $600 + $100/lot
Subdivision Improvements Agreement $50
Attached Not Applicable
(MUST CHECK ONE)
X
Health Department Certification (Original)
X
Title Report (Original, not more than 90 days old)
X
Tax Certification (Property taxes must be paid)
X
Consent(s) to Plat (Originals and notarized)
X
Subdivision Improvements Agreement (Attach collateral)
X
Parkland Cash -in -Lieu (Check attached)
X
Maintenance Agreement
X
Plats: 1 opaque OR 2 mylars
1 mylar copy 1 signed blueline
4 bluelines 4 bluelines, unsigned
11X17 Copy 11X17 Copy
"The plat must be signed by all owners of record, the surveyor and the examining land
surveyor.
Attach a letter, which lists each condition of preliminary plat approval, and individually state
how each condition has specifically been met. In cases where documentation is rewired, 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 Tri-City Planning Office, 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 Tri-City 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 a cations be accompanied with a digital copy.
Owne Si u ate
*A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
5. A tie to either an existing subdivision corner or a corner of the public land survey system
t
k
IV 48
OZ-41"
TH
P.C.
Civff Engineering Services
May 1, 2007
Attn: Frank Castle
City of Kalispell
Public works Department
31 2 1 " Ave. East
Kalispell, MT. 59903
151 Business Center Loop * Suite A * Kalispell, Montana 59901
(P) 406-756-4848 * (F) 406-756-4849
RE: Final Plat Approval for Northland Subdivision Phase 3
Dear Frank:
As Engineer of record for Northland Subdivision, Phase 3, I herby certify that the
construction of the items that are shown in the attached Subdivision Improvement
Agreements have been completed to the best of my knowledge. The percentage of work
complete to date for Northland Subdivision, Phase 3, is at 87%
Some of the construction items remaining to be complete include: sidewalks and landscaping.
Estu* rates prepared by this office for the remaining construction, total $84,474.00 for
Northland Subdivision, Phase 3. Security held at 125% of the remaining construction total is
$1051592.50.
At this time we are requesting a letter of approval from the City of Kalispell stating that you
are in agreement with improvements installed to date. After all work is 100% complete we
will conduct a final inspection with Kalispell Public works prior to acceptance and transfer of
ownership.
If you have any questions or require additional information please feel free to give me a call
(406-756-4848).
Sincerely,
Brett walcheck, P.E.
48 North, P.C.
Enclosures:
C1*tY of Kall'spell Publi*c Works Department
2 ^ Post ice Box 19977 Kalispell, Mona 59903.1997 - Telephone (406)755-7720 Fax (406)759-7S31
Y
July 27, 2004
48 North, P.C.
Civil Engineering & Residential Design
P.O. Box 651
whitefish f Montana 59937
Attention: Brett walcheck, P.E.
RE: Northland Subdivision
Kalispell, Montana
Dear Brett:
The construction plans and supporting documents for the referenced project are hereby
approved. Attached is your copy of the letter of approval for the Flathead City -County
Health Department.
We look forward to working with you on this project.
Sincerely,
/rajnklastles, P.E.
Assistant City Engineer �-
ram_
Attachment: As Stated--.-,
_CI*tY of Kall*spell Publ
Post ice Box 1997, Kalispell, Montana 59903-1997 Telephone (406)758 77D Fax (406)759-7831
July 27, 2004
Dick Montgomery, P.E.
Environmental Health Services
Flathead City -County Health Department
1035 First Avenue Test
Kalispell, Mt. 59901
Re: Northland Subdivision
Kalispell, Montana
Dear Dick,
This letter is to confirm that the City of Kalispell has reviewed and approved the
construction plans and specifications prepared by 48 North, P.C., Civil Engineering &
Residential Design, for the referenced project. The Kalispell water and sanitary sewer
systems have adequate capacity to serve the project.
If you have any questions, please do not hesitate to contact this office.
Sincerely,
Frank Castles, P.E.
Assistant City Engineer
cc. 48 North, P.C.
Civil Engineering & Residential Deign
P.O. Box 651
Whitefish, Montana 59937
Cl'oty of Kal,i*spell Pu:bll*c Works Department
Past Office Box 1997, Italispell,, Montana 5990;-191', - Telephone (406)758-7720, Fax. (40fi)758-7&31
May 29, 2007
Bridgeland Development LLP
622 St: Andrews Drive
Columbia Falls, MT 59912
Re: Northland Subdivision, Phase 3
Kalispell, Montana
Gentlemen
The City of Kalispell Public Works Department hereby approves the existing,, completed improvements
except those listed in the Subdivision Improvement Agreement, Exhibit "A", for the referenced
subdivision. Approval by the City of Kalispell for the City owned and maintained improvements is granted
based on the following
1. 48 North P.C."s letter certifying that the improvements within the referenced subdivision have
been inspected and installed in accordance with the City of Kalispell standards and the approved
plans and specifications.
2. our video records of the sanitary sewer system.
3. Receipt of a Subdivision Improvement Agreement which contains the total estimated construction
cuts plus 25 percent covering the estimated costs for the remaining subdivision roads & overlot
grade, water systern, sewer system, drainage & miscellaneous work, utilities (trenching, conduit,
vaults & lights), service cash, fees, engineering and surveying. The Subdivision Improvement
Agreement is Certified by Brett 1!'ll. Walcheck, P. Er, to being an accurate accounting of anticipated
costs for the remaining improvements.
The one year warranty period for the City owned and maintained existing, completed improvements will
commence on May 20, 2008.
If you have any questions, please do not hesitate to contact this office.
SinceLCa.
F nk P.
Assistant City Engineer
Cc: Sean Conrad, senior Planner
Kalispell Planning office
Deb Deist, Treasurer
Finance Department.
48 North P.C., Civil Engineering Services
Montana Department of
INVIRONMENTAL QUALITY Judy Martz, Governor
P.O. Box 200901 - Helena, MT 596''0--0901 - (406) 444-2544 - www.deq.state.mt.us
June 2 4, 2004
Brett Walcheck PE
48 North PC
PO Box 651
Whitefish. MT 59937
Dear Mr W alcheek:
RE; NorUand Subdivision
Nlunicipal Facilities Exclusion
EQ#o4-2S90
City of Kalispell
Flathead County
This is to certify that the in.foramation and fees received by the Department of -Environmental Quality relating to
this subdivision are in compliance With 76-4-12- 7, MCA.. 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 176-4-111 (3), MCA). Construction of water or sewer extensions prior to
DEQ, public water Supply S ection's approval is prohibited, and is subj ect 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 their review.
Sincerely,
I J&aA OV4
X
anet Skaarland
Compliance Technician
Subdivision Section
Water Protection Bureau
(406) 444-1801 — email jskaarland@,state.mt.us
cc: City Engineer
County S anit an* an
fil e
Centralized Services Division - Enforcement Division - Permitting & Compliance Division • Planaing, Prevention & Assistance Division - Remediation Division
109 Cooperative Way • Suite 105 * Kalispell, MT 59901-2389 - (406) 755-8985 • FAX (406) 755--8977
Brett Walcheck, P.E. July 7, 2004
48 North PC
P.O. Boy. 651
Whitefish, MT 59937
RE: Northland Water & Sewer Extensions, EQ#4-2890
Dear Mr. Walcheck:
Plans and specifications for the above -referenced project have been reviewed by personnel with
the Permitting & Compliance Division utilizing the certified checklist procedure. The plans and
specifications are hereby approved With the condition as listed below. One set of plans and
specifications bearing the approval stamp of the Department of Environmental Quality is
enclosed.
Approval is based on plans and specifications received June 02, 2004 under the seal of: Brett W .
Walcheck P.E.# I4872PE.
Approval is also given With the understanding that any deviation from the approved plans and
specifications Will be submitted to the Department for reappraisal and approval. Within 90 days
after the project has been completed the project engineer shall certify to the Department that the
project Was inspected and found to be installed in accordance With the plans and specifications
approved by the Department. This certification shall be accompanied by a set of "as -built" record
drawings signed by the project engineer.
It is further understood that construction will be completed Widen three years of this date. If
more than three years elapse before completing construction, plans and specifications must be
resubmitted and approved before construction. begins. This three-year expiration period does not
extend any compliance schedule requirements pursuant to a Department enforcement action
against a public Water or sewage system..
Please be aware that this project may need a storm water general permit. Please contact the
Water Protection Bureau at 406-444-3080 for more information.
Sincerely,
1 r er, nvironmental Engineer Specialist
ublic Wate S ply Section
Public Water Supply and Subdivisions Bureau
cc: City of Kalispell, Department of Public Works
Flathead County Sanitarian
File
Centralized Services Division - Enforcement Division - Permitting & Compliance Division k Planning, Prevention & Assistance Division - Remediation Division
KALISPELL FIR.E DEPARTMENT
312 First Avenue East
Randy Brodehl — Fire Chief
Kalispell, Montana 59901
Dan Diehl Assistant Chief/Operations R
M,
DC Haas Assistant ChieV Prevention
(406} 758-7760
s FAX: (406) 758.7952
May 1, 2097
48 Noah P.C.
Attn : Brett Vila lcheck
151 Business Center Loop, Suite A
Kalispell, MT 59991
Re: Final plat approval -Northland Subdivision, Phase Ill
Dear Mr. Walcheck,
In response to your request for approval of the above --referenced project, our department
approves final plat for Northland Phase lll, with the following information and conditions:
• Fire hydrant locations, fire Bows, and fire department access are approved by this
department.
• Street name signs are required to be installed prior to combustible construction.
Please contact me if you have any questions.
Sincerely,
F. Ray RufFatto
Deputy Fire Marshal
xc: Tom Jentz, Kalispell Planning Office
"Assisting our community in reducing, preventing, and mitigating emergencies. "
of Kalip',Parks and Recreation
December-6, 2004
itescape Associates
Mr. Bruce F. Lutz
P 0 Box 1417
Columbia Falls MT 5-59912
35 Ts' Aire Fast -- P 0 Box 1997 — Kalispell MT 5 -1997
Phone: (4 ) 758-771 B Fax. (405) 758-7719
Email: parknrec@i lispell. rn
Re: Northland PU D Landscape rig & Park
Dear: - --L Utz:
This letter is confirmation that the landscaping, street try plan and parkland plans for
the above referenced project have been reviewed and approved by Kalispel Parks and
Refit onz When installation of the landscapingis complete, please give us a call and
we will review the site for final approval.
Should you have: any ooncems or questions regarding the landscaping, please feel free
to4ve-me .a- call. - I
Sincerely,
Michael Baker, Director
Cc: Narda Wilson,. Tri-City Planning
IIAN
6o
Parma and Ro=tiori
July 6, 2907
85 1" Ave Fast - P-0 Box 1997 — Kalispell MT 59903-1397
Phone: (406) 758-7960 Fax: (406) 758-7719
Email; cfinchor@kalispell.com
48 North P.C. Engineering and Architectural Services
Attn: Brett WalCheck
151 Business Center Loop, Suite A
Kalispell, MT 58801
Phone: (406) 756-4848
Fie: Northland PUD Phase Park Improvements
Dear Brett:
This letter is to serve as approval on the park amenities and bonding timeline of for
Northland PUD per the email sent by you on Friday July 61 2007. Bonding will need to
be 125% of the cost of the project.
It its agreed that In Park 1 a 20 foot shelter, 11 trees: and 3 benches will be bonded for.
The following €teas are complete in Park 1: irrigation, seeding, and the bike/ped trail. It
Is also agreed that in Park 2 a play structure, 8 trees, and 3 benches, bike/ped trail will
be bonded for. The fallowing Items are complete in Park I irrigation and seeding.
Final approval will be given upon completion, inspection and approval of the
landscaping, tree plantings, and playground at which time bonding and/or letter of credd
would be released if in place.
It has been enjoyable working with you, if you have any concerns or questions please
give meacall.
inter I
Chad Fincher, Darks Superintendent
Kalispell Parks and Recreation
CC: Sean Conrad, Kalispell Planning
Mike Baker, Parks and Recreation Director
-----Original message ---
From; Brett Walcheck (may. 1tc : brettw4 8 -n . comJ
Sent: Thursday, July 05, 2007 9:07 AM
TO: 'Chad Finchar`
Cc: 'Mike Baker,
Subject: RE: Northland Parks
Please see the following reVest from the Kalispell Parka dQpartment
for Northland Subdivision. Is this something that you may be able to
provide*
Thanks
Brett Walcheck, P.L.
48 NCRTRI F, C,
151 Business Center Loop, Suite A
Kalispell, MT 59901
brett048-n.com
P) 406-755-4848
F) 406-755-4849
C) 405-249-4736
- -- W- - - Original Mes saga - - - U ft
From: Chad Finohex Lmailto : of iacrakal i 1. coml
Sant: Thursday, July 05, 2007 9 : 01 AM ..
To : Bret ta4 8 - n , COM
Cc: Mike P.Aker
Subject: RX: Northland Parks
Brett,
Could we qet cut sheets or picture3 of these things to add to our
files? I will work on your letter today. Thanks for all your help.
Chad Fincher
Parks Superintendent, APR.P, CPSY
city of Ul ispel l
P.O. Box 1997
Ka.lispel.l, MT 59901
(406) 759-7960 office
(406) 758-?719 faX
cfincherakalispQ11.com
.� - _ _ _ origimal message ---
From: Brett Walcheck Jmai1t0:brettQ48-n.comJ
Sent; Tuesday, July 03, 200"1 5 :19 PM
To,: cf inchar6kal ispe11. com
Cc: Marvin Gal is
Subj ect : it arthland Parks
Chad,
Per our phone conversation on 7/3/07 in regards to improvement cost for
this Norhland parks I and 2, the following is a Gast breakdown.
Park 1
Irrigation is complete
Seeding is complete
Path is complete
20' Shelter = $20, 000. 00
11 Tree's $5, 500.00
3 Benches .� $1, 350.00
]dark 2
Irrigation is complete
seeding is complete
Path = $1,345.50
Play Structure = $30,000.00
8 Tram' s $4, ❑oo . ❑0
3 Benches $1,350.00
Grand Total = $63, 545.50
Thank you for your help with this issue.
Brett Walcheck, P,R,
48 1TQRTH, P.C.,
151 Busins ss center LCacp, Suite, A
Kalispell, MT 59901
brctt048-n.com
P) 406-7S6-4848
C) 406-249-4736
€ N17ED s7��Fs
POSTAL 5ERV[C-F
359 N MERIDIAN RD
KALISPELL, MT 59991-9993
January 14, 2995
Mr. Jinn Williamson
48North P.C.
P. 0. Box 651
Whitefish, MT 59937
RE: Northland Subdivision
Dear Mr. Williamson:
Delivery for the Northland Subdivision has been approved for duster Box Unit
(CBU) delivery in a turnout format. The developer will provide six cBU units for
33 residences, two parcel lockers, and a 23-foot x 4-foot cement pad on Northridge
Drive.
The mailbox turnout must be a minimum of 30 feet long plus an additional 23 feet for
the cBU's and parcel lockers. The turnout is to be at least 10 feet wide so that the
mail carrier's vehicle or customer's vehicle will be completely off the roadway while
stopped at the mailboxes. This ten -foot width will be a flat level surface. The
turnout, combined with the developed road surface, will provide an area wide
enough for the nail carrier to completely turn around without having to back up (at
least 70 feet total width.) The cBU's are to be installed at the mid point of the
turnout.
If you have any questions regarding this matter, you may contact me at 755--5450.
Sincerely,
Pennie Ulvila
Delivery Supervisor
PLANNED UNIT DEVELOPMENT AGREEMENT
THIS AGR.EEMENT, made as of the, day of December, 2004, by Eridgelan.d
Development, L.L.P., a Montana Limited Liability Partnership, of 622 St Andrews Drive
Columbia Falls, MT .59912, hereinafter BPEDGELAND DEVELOPIYENT, LLP, and the City
of Kalispell, a municipal corporation, of 312 I st Avenue East, Kalispell, Montana 59901,
hereinafter CITY;
wITIESSETH
WHEREAS, BRIDGELAND DEVELOPMENT, LLP is the fee owner of certain real property
located in Kalispell, Flathead County, Montana, which is further described as a
_ 0.3 9 acre portion of assessor's tract I CA located in S ectb on. l , Township 2 S
Forth, Range 22 West, P.M.M., Flathead County, Montana and is hereinafter
referred to as "Subject Property"; and
WHEREAS, BRIDGELAND DEVELOPMENT, LLP applied to have the Subject Property
rezoned to a City R-3 (Urban Single -Family Residential) with a Planned Unit
Development overlay (PUD), developed pursuant to said zoning change; and
WHEREAS, in order to allover the PUD, assure the installation of infrastructure improvements
within the Subject Property and prescribe the p ennitted uses within the PUD, the
pasties hereto determine it to be in their interests to enter into this Development
Agreement.
I. GENERAL INTRODUC�ON
§ 1.01 General
The use and development of the Subject Property shall substantially conform to and comply with
the provisions of the PUD Application, dated February 2, 2.004, the drawings annexed to this
Planned Unit Development Agreement, and the conditions contained within Kalispell City-
1 esoluton No. 4$72 :ond .tionally approving the. preliminary plat of the Northland Subdivis7 wn
and PUD and incorporated fully herein by this reference.
§ 1.02 Rela.tior�ship to honing Ordnance
Except as specifically modified or superseded by this Development Agreement and. the annexed
drawings, and the PUD Application, dated February 2, 2004, the laws, rules anal regulations of
the City of Kalispell governing the use and development of land and buildings, incl-tiding the
City of Kalispell Zoning Ordinance, shall apply to the Subject Property.
PT A \ ED UNIT DEVELOPER'S A GREEMENTINORTHL ND PUD
P1ge I f�
§ 1.03 Drawings
The drawings annexed and the PUD Application, dated February 2, 2004, to this Planned Unit
Development Agreement, and the Northland Subdivision Preliminary Plat Applica-tion
conditionally approved by Kalispell City Resolution 4872 are an integral and essential
component thereof, and they are incorporated by reference herein.
§ 1.04 Effectiveness and Cancellation
The provisions of this Planned Development Agreement shall become effective immediately and
shall terminate upon the issuance of the last building permit(s) for the development an the
Subject Property. This Development Agreement maybe modified or amended only as set forth
in Article V hereof.
§ 1.05 Certification Procedure
whenever in this Planned Unit Development .Agreement a certificate by the Director of Public
Works is required to be given, such certificate shad be given within thirty (30) days of the receipt
of a completed application. Such an application slaall be deemed to be complete u?on receipt of
such drawings and narrative information as are reasonably necessary for the issuance of such
certicanon.
11. PARCEL DESCREPTION
§ 2.01 The Subject Property, described more fully in Exhibit "A", attached hereto and fully
incorporated herein by this reference, shall be developed with the infrastructure improvements
described In § 3.01. and 3.02.
M. SITE CONDITIONS
§ 3.01 Access and Public Infrastructure
1. All accesses to the Subject Property shall be engineered and constructed in a-ccordance
with Citv of �alisnell's Standards for Design and Construction.
-----./ - J. - - � -
The plans and speeifications for all public infrastructures shall be designed L.nd Installed
in accordance with the Kalispell Design. and Construction. Standards and a letter shall be
obtained stating that they have been reviewed and approved by theaiispel t ublle
Works Dei)artment.
3. All sewer and water utilities servicing the Subject Property shall be engineered and
constructed in accordance with the City of Kalispell's Standards for Design and
Construction.
PLAIN NNED UNIT DEVEL DYER'S ACTREEMENTINORTHLAIND PUD
pace ? of S
w
a. water mains designed to provide minimum fire flows shall be installed per
City specifications at approved locations. Minimum fire flows shall be in
accordance with Un ifonn Fire Code (1997) Appendix BI-A..
b . Fire hydrants shah be prodded per City specifications at locations
approved by the Fire Department, prior to combustible construction.
C. Fire Department access shah be provided in accordance witI2 Uniform Fire
Code (1997) Article 9.
§ 3.02 Storm Sewer and Roadways.
All storm sewer utilities servicing the subject property shall be in accordance with the
Northland Subdivision Preliminary Plat Application and conditional approval of Kalispell
City Council, and englneered and constructed in accordance with the City of Kalispell's
Standards for resign and Construction.
2. All roadways shall be in accordance with the Northland Subdivision Preliminary Plat
Application and conditional approval of Kalispell City Council, and engineered and
constructed m' accordance with the City of Kalispell's Standards for Desip. and
Construction.
§ 3.03 Other Conditions
1. The development of lots M' future pleases of the PUD which deviate from. the R-3 zoning
with regard to minIMum lot size requirements, setback, housing type or other features
shall be subject to architectural review and approval by the Kalispell City Council.
?. The plans and specifications for all public infrastructure shall be designed xnd installed in
accordance with the Kalispell Design. and Construction Standards and a letter shall be
obtained stating that they have been reviewed and approved by the Ka-lispell Public
Works Department.
3. Regarding proposed street names; Ashley Drive exists in the south area of town.. An
alternate street name shall be provided.
4. Future development area "A" may require a. secondary cmergency vebiele access point to
meet the requirements of the Subdivision Regulations (Section 3.08) and emergency
vehicle access needs.
5. Hazardous weed abatement shall be provided in accordance with City of Kalispell
Ordinance 10- 8 .
6. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the five foot
landscape boulevard developed between the curb and the sidewalk.
r rED �.�T r'EV-PT .0p-PR1 q a GREEMENT,CNORTHL.A.ND PTJD
?'-z� � of S
7. The area designated on the plan as "park" sham be developed in accordance with a plan
approved by the Kalispell Parks and Recreation Director that provides recreational
amenities including but not 1=`ted to irrigation, landscaping and play equipment so as to
provide a recreational component within the development and not simply left as passive
open. space. The park development may be used as all or in part as satisfying the one --
ninth parkland dedication requirements for the entire development depending on the
ultimate total area in lots and the investment made in park improvements.
S. Rsght-of ways within th.e development shall be created that will allow for the extension
of the proposed roadways so that they will provide future access to adj alai n g properties
to the west, north and south.
9. A traffic analysis shall be performed under the Montana Department of Transportation
system impact process that assesses this development's impacts to the transportation
systems in the immediate area. This will be a single comprehensive study covering the
multiple jurisdictions of the City, County and State road systems and will identify needed
improvements to roadways impacted by this development.
10. The roads within the subdivision shall, be named and signed in accordance with the
policies of the Kalispell Public works Department and the Unifonn Traffic Control
Devices Manual and be subject to review and approval of that Kalispell Fire Department.
The developer shall provide a lever from the U.S. Postal Service approving the plan for
mail service.
12. Street lighting shall be located within the subdivision and shall be shielded so that it does
not intrade unnecessarily onto adjoining properties.
13. All utilities shall be installed underground.
14. A minimum of two -thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
15. All areas disturbed during development of the subdivision shall be re -vegetated with a
weed -free rrux =' ediately after development.
1.6. That preliminary plat approval for the first phase of the planncd unit development shall
be valid for a period of three years from the date of approval with an automatic three-year
extension as each phase of the subdivision plat has been completed and Bled.
17. The plans and specifications for a storm water system shall be reviewed and approved by
the Kalispell Public works Department.
PT A I\W�D JhIIT D����r �p�R' S a GP.EEMENTINGRT� LAND PTJD
Page 4 or 8
Iv. t' AUNDNM T OR MODIFICATIONS of
DEVELOPMTNT AGREEMTNT
l . This Development Agreement may be amended or modified only, by application of the
0-A er, in accordance with the pro o edures set forth herein.
? . Application for amendment or modification may be made, to the City of Kalispell Site
Review Committee, by any fee owner within the Subject Property.
3, A) Modifications of this Development Agreement which are determined by
the Site Review Conu-nittee to be minor modifications shall require only the
consent of the Site Review Committee, and shall not require the consent or
approval of the City Council or any other public agency.
B) All amendments and modifications to this Development Agreement other than
minor modifications shall require the approval of the City Council a f the City of
Kalispell.
4. A) All applications for modification or amendment of this Development
Agreement shall be filed with the Site Review Committee and the Site Review
Committee- shall promptly determine whether the modification is minor or major.
B) T'he Site Review Committee shall make its determination with respect to any
application for a minor modification subject to this Section within fifteen (15)
days after it determines the application to be subject to said minor modification.
C) If the amendment or modif cation requested is of such a nature as to require
approval of the City Council, the Site Review Committee shall refer the matter to
the City Council within. fifteen (15) days after it detennin.es the matter requires
Council review.
D) The owner may appeal any decision of the Site Review Committee to the City
Council, who may affinn, reverse or modify the Site Review Committee decision.
V. IRIS CELLANE O US
§8-01 Effective Date
This Agreement shall be effecdve immediately and shall remain in full force and effect
until all lots within the Subject Property are develo-ned or April 19, 2013, whichever
o c curs first.
PLA-h IED UNIT DEVET r)PER' S AGREEMENTNORZHT s� PLTD
Pap 5 of 3
§ 8.02 Severability
In th.e event that any provisions of this Declaration shall be deemed, decreed, adjudged or
determined to be invalid or unlawful by a court of competent jurisdiction, such provision
shall be severable and the remainder of this Agreement shall continue to be of full force
and effect.
§8.0-3 Recordation
This Agreement shall be recorded with the Clerk and Recorder for Flathead County,
Montana..
§ 8.04 Entire Agreement -Primacy
This Agreement constitutes the entire agreement between the parties and may only be
ameiaded as set forth herein.
§ 8.05 Binding Effect
This Agreement shall be binding upon and inure to the benefit of the respective parties
heirs, successors and assigns.
Dated thi' day of December, ? D04.
BRIDGELA.ND DEVELOPMENT, L.L.P.
BY: -�--
Marl , M grog Partner
CITY OF KA LISPELL
r �
BY-.� -
Jai& H. Patiick, City Manager
P L� QED UNIT DEVELOPER'S A GR EEMENTINOR.THLAND PUD
Page 6 of 9
STATE OF MONTANA )
):ss
County of Flathead )
on this day of , 2004,, before me, the undersigned, a Notary Public for
the State of Montana, personally appeared Marvin Galts, Managing Partner of Eridgelan.d
Development, L.LP, that executed the foregoing imtr=e.nt, and the person who executed said
instrument on behalf of said Limited Liability Partnership, and acknowledged to me that such
Limited Liability Partnership executed the same.
IN WITNESS 'HEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in �thip, jertificate first above written..
All
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STATE OF X10��` }
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County of Flathead )
Notary Public, State of Montana
Residing at �-
My Commission Expires
On this day of �eceN�tit: �: , before me, a Notary Public in and for the
State of Montana., personally appeared James H. Patrick, known to me to be the City Manager of
the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that
such City Manager subscribed, sealed and delivered said instrument as the free and voluntary act
of said municipality, for the uses and purposes therein set forth, and that he was duly authorized
to execute the same on behalf of said municipality.
N W=SS V I� REOF, I have hereunto set my hand and affixed my Notarial Seal,
the day and year fl.rs t above written.
� � 1 A. F010.
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Notary Public, State of Montana
Residing at
My Commission Expires
PT -ANNED UNIT DEVELOPER'S AGREEMENTNORTHLAND PUD
Page i of S
Exhibit A
LEGAL DESCRIPT_IQN— NORTHLAND Planned Unit Development
That portion of Iand in the Northwest Quarter of Section 17 Tov�rnshlp � S North, age �?
West, Principal erid� Montana, Flathead County,, deserted as fo uo ws.
BEGINNING at the Center Quarter section corner of said Section 1, Township 28 Forth,
Range �- West; thence along the southerly boundary of said C orthwest Quarter the
fo 110 Ong two courses: North 8 9 a 2 2' 01 " West 1316.61 feet and North 8 9 4 1 S " 3 9" West
12,57.45 feet to the easterly right of way of Stillwater Load, a 60,00-foot unty road as
described - Book .3-r gage .2147 , rec rds f athead County, to a; thence aln�
sand eater right of may o f said St�atero ad, North 3" East feet to the
so uth esterly co rner o f Tract 2- o f Certificate of Survey Number 3 5 9-3 reco rds o f the
Flathead Counter, Montana; thence along the southerly easterly boundaries of said
Tract 2 the following two courses: ,South 89' 49' 56" East 432.76 feet and Noith o° 39'
2 6" East 878.57 feet to the northeasterly corner thereof and to the southerly bo-undary of
the parcel of hand shown on deed ExEbft Book D Wage 1 ? records of Flathead
Comm Montana; thence along the southerly and easterly boundaries ofs aid pal of
said .reed Exh-bit Book "501, page 162, South. 89' 49' 50" East 1143.61 feet atid North o°
8' 3�7:1 East 880.2-5 feet to the southwesterly earner of Tract 2 of Certificate of Survey
Number 1 21"923 records of Flathead County, Montana; thence along the Southerly and
easterly boundaries of said Tract ? on said Certificate of Survey 139z3 the following
three courses: South 89" 5o= 13 ' East 8233.17 feet and South 0° 49' 48" West 736.78 feet
and South 890 '0' 13'' East 9233. 17 feet and South D°49' 48"', west 7�6. '` 8 feet and South
90 457 -35" East 2)00-.-24 feet to the easterly boundary of said Northwest Qu=er of
S ectlo n 1; th eace alorik the easterly boundary of said Northwest Quarter. South 0,048"'5 5'Y
west I I � 6.5 feet to the Paint of Be m=g containing 67.49 acres of land, more or less
as shown on this plat which is herewith incorporated In and made part of this legal
description.
SUBJECT to a Rio ht o f Alay �"asernent as set forth in au �trument recorded J-uly � 1,
1987 in Reception Number 37-231-1 I450 records of Flathead County, MQrtan-a..
CONSENT To PLATTING
Pursuant to Section 76-3-612, MCA, the undersigned, Whitefish Credit 1._i n ion,
Benef ciary, as recorded pri 1 6, ? 04, Document No'-) 004-097- 121 ? 0, records of
Flathead County, Montana, herby consents to platting and dedication of land included in
the plat of Northland Subdivision, Phase 3.
IN WITNESS WHEREOF, said party had caused his name to be subscribed thereto,
on this day of 200/1
Whitefish Credit Union
State of MwAvk
County of
On this V� day of JWU---' s 20 before me, a Notary Nota Public
s
for the State of Montana, personally appeared Paul ,
known to me to be the person whose name is subscribed to the instrument, and
acknowledged to me that he/she executed the same.
In witness whereof, f have hereunto set my hand and affixed my Notarial Seal this day
and year first above written.
�:.._.... t Vie, P"_ -.
Notdy Public for the State of Montana
` � 1.. •,, Residing at :S _Lj
A 40 My Commission Expires JuL I
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Plat Room
- �1.
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
i
(406) 758-5516
This Form is for Subdivisions Only
BY: KOOTENAI SURVEYORS
FOR: BRIDGELAND DEV
DATE : 5I712007
DESCP :NORTHLAND SUBDIVISION PH 3 PURPOSE : PLAT
(Tr 1 CA in 1-28-22)
YEARS ASSESSOR #
2003 thru 2006 0091420
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above, for the years indicated for
each assessar umber.
V
N .••,. � a� Deputy Treasurer
(seal)
'9j�o�o�D
LEGEN
LOT CORNER SET. A 5/8 INCH REBAR WITH
PLASTIC CAP MARKED HUGAiES, 732ZLS
O UNMARKED COMPUTED POINT
FOUND ROCK WITH STEEL PIN
0'" FOUND UNMARKED STONE
1971. 'NORTHRIDGE HEIGHTS, SECTION 4'
AAMES L. HAHN, 2795S
1980, CERTIFICATE OF SURVEY NO, 5615,
S. R. SMITH, 4740S
NORTHLAND SUBDIVISION. PHASE-3 BOUNDARY
LOT BOUNDARY
ROADWAY CENTERLINE
UTILITY EASEMENT LIMITS, WIDTH lo.Do FEET
ALLEY EASEMENT UWTS, WIDTH 20.00 FEET
101, STREET ADDRESS
sae wr rolls
pp
al
a" liat,
Is as -ass'
A PLAT OF
NORTHLAND SUBDIVISION
PHASE-3
SE1/4 NWI/4, SECTION 1, T.28N., R.22W., P.M.,MT.
FLATHEAD COUNTY, MONTANA
FOR: BRIDGELAND DEVELOPMENT, LLP DATE: MAY 2007
T29N R22W
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24
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art A.
PARKLAND DEDICATION
Th. Par* and ca-.. ans. designated on this plat, -if be .-.d and 1-fai-al
by th. Home Owners Association. The area d-ognotd 'Park Area% being 1.1a3
-, shall be developed in accordance with . plan approved by the Kalispell Parks
and Recreation Di -tor and shall be maintained by the Home Owner Association.
CELTIFICATE OF CM ATTORNEY
This plat has been examined by the Office at the City Attamey, according to S-tian
76-3-612(2) M.CA, .lying upon 711. Report No. n� PP-nd bawd on
information submitted by Me d-tope, Ord/or his agent.
City Attorney, KoliapeN, Mw,tana
Dated day of 200
CERTIFICATEOFCM COUNCIL
ZaCy, Council of Kalispell Montana, do.. hereby Certify that it has ...rht-d this
divi- plot and havind found the .- to conform to jaw, approves it and
thereby accepts the dedication of public use of day and all lands shown on this pie
as being dedicated to such use,
this_oOy of_ 200_ at_.'clack.
)Acy,r of Kalispell, Montano
CERTIFICATE OF DEDICATION
I (we). the Undersigned record property owner{:), do hereby certify that I (we) have
co-ed to as surveyed, subowndd and platted into lots, blocks, streets. W" and
O..M.. areas. ae shown by this plat. hereto annexed the following described land
situated io Flathead County, Montana, to -wit
An irregular in the Stitheo-I Quarts, Northwest Quortet-, Secti-
1, hi, 28 North, Range West. st. pri'6p.i Montana. Flathead County,Montana. more particularly described as follows:
Commencing at the C-ter Quarter ao-1 of said Section 1, 0 stes) *, thence
along mad If.e of said section, NOO'48'55'E 602.40 to the TRUE POINT OF
BEGINNING: Thence along the centerline of AJIy No, Z. . 20 foot access and utility
eo-rnsnt, West, 502-64 feet; Thence olong the easterly 'Northrise L-' JunrL , 60
foot right-of-way, North. 50,15 feet; Thence Wet 60.00 f-t, to the ee.teiy limits
of said right-of-way; Theraw a" westerly limits of said right-of-way, South,
70-15 feet Thence cfdru; the northerly boundary of 'Northland Subdivision, Phase 2",
N8628 ' 15'W, 80.41 feet Th... N79'37'16'W, 74.66 feet-, Thence N73*D2'55W,
74-13 feet Thence 72.30 teat; Thence N6CrO4'D2-W, 75.17 fast;
Th- N53'20'21'W. 79,88 feet intersecting the southerly right-of-way, limits of
'Ncrthl.nd Drive; . 60 fact right-of-way; Th- N57I0'1C'W, 3009 feet to the
centenine of -W right-of-way; thence continue northwesterly along said line, 30.08
feet, 10-tin= northerly limits of said Tight -of -way and the point of curve of
0 ran tangent to the right, of which the radius point lies SW59'41"E, .
radio distance Of 730 .00 feet; thenceft-along -.stly the arc, through . central
.nq'* of 5959'41 �. . distance of 649.72 feet; Thence long said right-al-waylimit., E. 271.33 feet to . point of curve to e faff having a mdi� of 20.00
-t and � central th
angle of OWIG'IZ'; the- -rth-.t.rty along the era. distant.of 3IA3 feet, Th- Wong -id light-of-woy Innita. NW49'48T- 6624 feet;
Then.. S89'45'35'E. 60.00 feet to odet" limits of said right-f-y. Th-
Sa`p45'35'E. 12024 feel; Th-- along the mid line, of said section, SOa48'55'W,
534.11 fat to the PONT Of BEGINNING. Containing 9-3D8 -
The above described tract of land is to be known and designated as 'Narthialud
Subdivision, Phase 3* and the lands ircldd in all street., --- shown On said
plat - hereby granted and dedicated to the - of the public f.-- The
rootd-P dedicated to the city drw accepted for public use. The Utility Easements
ore hereby Vented ..to each and every P--, firm or corporation wfth- pupil.
or private proving or offering to provide telephone, electric power, g., cable
t-4-4�dpp, water or - s--. to UPublic, In. right to the taint use of an
easement for the construc"oh, mainteronco, repair and removal of their line and
other faclUtles in, Over, under area cOurabsur each area designated on thb plot as
Utimy Easement" to I- and to hold far-,
Subject to and together with off -Pluft-ct cements of record and th. foW-9
easements,claimsiof easement, and restrictions agn,amenta of record: all within
Certificate of Survey No. 5615; T.I.Ph- farcifilies to Northwestern TsIwph-
Sy,stems, Inc, Book 756, Pog. 22, D-...M No. 18051; E.--t for underground
facilities to Northwest" Telephone Systems, Inc., Document No. 87-231-11450
Termsand conditions of R..oIurbprp No. 4871, Document No. 2004-103-15160; .It
said records documents of Flathead County, -W-
Risp,esvproltive(.) of B,idqs)and Development, LLP
Dated thi3-day of200-
ACKNOITXDG
The foregomg Dedication was frubsoribed and ackno.ledged before me, a Notary
Public by the above named DM..(.). In witness whereof. I have, h-to set my
hard and affixed by rurtnl -I,
Doted this day Of-, 200-
Notary public for the State of _
raviding in:
My Commission expires:
CERTIFICATEOF LAND SURMO
I. Alvah F. Hughes, a Registered Land Surveyor in the State Of MOntund, do hereby
Certify that the survey shown on this plot of 'Northland Subdivision -Phone 3', hear
been performed under my direct supervision and that such survey war, made in
danluarry 2007; and that said survey is true and complete a, shown and that the
monuments found and set are Of the character and occupy the positions, shown
her-, all .accordance with Sec-ti... 76-3-(101-625), MCA and the Founsoo
n.g.I.U.- adopted pursuant thereto.
Darted this -day of200_ 4oNTAjy�l
Alvah F. Hugh., PLS 7322LS
U7�
Subdivision Guarantee
Guarantee No.: 216776-CT
Issued by
Citizen's Title anal Escrow Company
704 South Main/P.O. Box 1310. Kali5pell, M T 59901
Title Officer. Ted Gigrich
Phone: (406)752-5388
FAX,w,w (406)752-9617
Form No. 1282 (Rev 12/ 15/95)
Subdivision Guarantee
Guarantee No.: 216776-CT
Form 1349
CLTA Guarantee Face Page
( Revised 12/15/95)
First American Tit/e Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND
STIPULATIONS OF THIS GUARANTEE,
First American Title Insurance Company
a corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount
stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth
in Schedule A.
Citizen's Title anef Escrow Company
10*
AUTHORIZED SIGNATORY
Subdivision Guarantee
Guarantee No.: 216776-CT
SUBDIVISION OR PROPOSED SUBDIVISION GUARANTEE
Order No.: 216776-CT
Guarantee No.: 216776-CT
Fee: $150.00
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS
OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE,
FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY
GUARANTEES:
Bridgeland Development, LLP
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
A IRREGULAR TRACT OF LAND, LYING IN THE SOUTHEAST QUARTER NORTHWEST
QUARTER, SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY,
MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT:
COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 11 A STEEL PIN,
THENCE ALONG MID LINE OF SAID SECTION, N00048155" EAST, 602.40 FEET TO THE TRUE
POINT OF BEGINNING; THENCE ALONG THE CENTERLINE OF ALLEY NO. 2, A 20 FOOT
ACCESS AND UTILITY EASEMENT, WEST 502.64 FEET; THENCE ALONG THE EASTERLY
"NORTHRISE LANE" LIMIT, A 60 FOOT RIGHT-OF-WAY, NORTH 60.15 FEET; THENCE WEST,
60.00 FEET TO THE WESTERLY LIMITS OF SAID RIGHT-OF-WAY; THENCE ALONG WESTERLY
LIMITS OF SAID RIGHT-OF-WAY, SOUTH 70.15 FEET; THENCE ALONG THE NORTHERLY
BOUNDARY OF "NORTHLAND SUBDIVISION, PARSE 2", N86028115" W ESTr 80.41 FEET;
THENCE N79037'16 WEST, 74.66 FEET; THENCE N73002'55" WEST, 74.13 FEET; THENCE
N66034'51" WEST, 72.30 FEET; THENCE N60004'02" WEST, 75.17 FEET; THENCE N53020'21"
WEST, 79.88 FEET, INTERSECTING THE SOUTHERLY RIGHT-OF-WAY LIMITS OF
"NORTHLAND DRIVE", A 60 FOOT RIGHT-OF-WAY; THENCE N55010' 10" WEST, 30.09 FEET
TO THE CENTERLINE OF SAID RIGHT-OF-WAY; THENCE CONTINUE NORTHWESTERLY ALONG
SAID LINE, 30.08 FEET, INTERSECTING THE NORTHERLY LIMITS OF SAID RIGHT-OF-WAY
AND THE POINT OF CURVE OF A NON TANGENT CURVE TO THE RIGHT, OF WHICH THE
RADIUS POINT LIES S50059'41" EAST, A RADIAL DISTANCE OF 730.00 FEET; THENCE
NORTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 50059141", A DISTANCE
OF 649.72 FEET; THENCE ALONG SAID RIGHT-OF-WAY LIMITS, EAST 271.33 FEET TO A
POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF
89010'12"; THENCE NORTHEASTERLY ALONG THE ARC A DISTANCE 31.13 FEET; THENCE
ALONG SAID RIGHT-OF-WAY LIMITS, N00049'48" EAST, 66.24 FEET; THENCE S89045'35"
EAST, 60.00 FEET TO EASTERLY LIMITS OF SAID RIGHT-OF-WAY, THENCE S89045135" EAST
120.24 FEET, THENCE ALONG THE MID LINE OF SAID SECTION, S00048'55" WEST, 534.11
FEET TO THE POINT OF BEGINNING,
THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS
"NORTHLAND SUBDIVISION, PHASE 3".
Subdivision Guarantee
Guarantee No.: 216776-CT
(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:
Bridgeland Development, LLP, a Montana limited liability partnership, as owner
Whitefish Credit Union, as beneficiary
(B) Parties holding liens or encumbrances on the title to said lands are:
1. 2007 taxes and special assessments are a lien; amounts not yet determined or payable. The first
one-half becomes delinquent after November 30th of the current year, the second one-half
becomes delinquent after May 31st of the following year.
General taxes as set forth below. Any amounts not paid when due will accrue penalties and
interest in addition to the amount stated herein:
Year 1st Half 2nd Half Parcel Number
2006 $814.91 $814.90 75-0091420 Affects
paid delinquent premises and
other property
2. Mortgage, to secure an original indebtedness of $1,200,000.00, dated April 2, 2004 and any
other amounts and/or obligations secured thereby.
Recorded: April 6, 2004 , Document No. 2004-097-12120
Mortgagor: Bridgeland Development, LLP
Mortgagee: Whitefish credit Union
Affects premises and other property
3. Mortgage, to secure an original indebtedness of $2,000,000.00, dated January 10, 2005 and any
other amounts and/or obligations secured thereby.
Recorded: January 13, 2005 , Document No. 2005-013-15240
Mortgagor: Bridgeland Development, LLP
Mortgagee: Whitefish Credit Union
Affects premises and other property
(C) Easements, claims of easements and restriction agreements of record are:
4. Provisions contained in that certificate, executed by the State of Montana, Department of Health
and Environmental Services.
5. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims
which may exist by reason thereof, disclosed by certificate of Survey(s) No. 5615 and 13923, but
deleting any covenant, condition or restriction indicating a preference, limitation or discrimination
based on race, color, religion, sex, handicap, familial status, or national origin to the extent such
covenants, conditions or restriction violate 42 USC 3604 (c).
6. Easement for telephone facilities granted to Northwestern Telephone Systems,
Inc., recorded December 2, 1982, in Book 756, Page 22, as Doc. No. 18051,
records of Flathead County, Montana.
7. Easement for underground facilities granted to Northwestern Telephone Systems,
Inc., recorded March 19, 1987, as Doc. No. 87-231-11450, records of Flathead
County, Montana.
Subdivision Guarantee Guarantee No.: 215775-CT
8. Terms and conditions of Resolution No. 4871, recorded April 12, 2004, as Document No. 2004-
103-15160.
9. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims
which may exist by reason thereof, disclosed on the pending plat of Northland Subdivision Phase
3, 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).
10. Any right, title or interest in any minerals, mineral rights, or related matters, including but not
limited to oil, gas, coal, and other hydrocarbons,
11. County road rights -of -way not recorded and indexed as a conveyance of record in the office of
the Clerk and Recorder to Title 70, Chapter 21, M.C.A., including, but not limited to any right of
the Public and the County of Flathead to use and occupy those certain roads and trails as
depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead
County.
Date of Guarantee: June 01, 2007 at 7:30 A.M.
CI'1'I'ldi,IVS'I'I'1'LE & ESCROW C0MI'ANY
BY: (,Y�i(c", f 0 h
ACKNOWLEDGEMENT
STArIE of MONTANA )
Ss.
COUNTY OF FLATHEAD )
1 his instt ument was acktimviedged befofe me on day of y
as Assistant Secretary of Citizens
Title &. Esc okv C onipatiy.
Subdivision Guarantee Guarantee No.: 216776-CT
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public
records.
(c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether
or not the matters excluded under (1), (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurances which are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the
following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set
forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein
vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth
in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by
one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial
proceeding which is within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in this Guarantee, or
on a supplemental writing executed by the Company.
(b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and
improvements affixed thereto which by law constitute real property. The term "land"
does not include any property beyond the lines of the area described or referred to in
Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(d) "public records" : records established under state statutes at Date of
Guarantee for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
(e) "date": the effective date.
2. Notice of Claim to be Given by Assured Claimant.
An Assured shall notify the Company promptly in writing in case knowledge shall
come to an Assured hereunder of any claim of title or interest which is adverse to the
title to the estate or interest, as stated herein, and which might cause loss or damage
for which the Company may be liable by virtue of this Guarantee. If prompt notice
shall not be given to the Company, then all liability of the Company shall terminate
with regard to the matter or matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case prejudice the rights of
any Assured under this Guarantee unless the Company shall be prejudiced by the
failure and then only to the extent of the prejudice.
3. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any action or proceeding to
which the Assured is a party, notwithstanding the nature of any allegation in such
action or proceeding.
4. Company's Option to Defend or Prosecute Actions; Duty of Assured
Claimant to Cooperate.
Even though the Company has no duty to defend or prosecute as set forth in
Paragraph 3 above:
(a) The Company shall have the right, at its sole option and cost, to Institute and
prosecute any action or proceeding, interpose a defense, as limited in (b), or to do
any other act which in Its opinion may be necessary or desirable to establish the title
to the estate or interest as stated herein, or to establish the lien rights of the
Assured, or to prevent or reduce loss or damage to the Assured. The Company may
take any appropriate action under the terms of this Guarantee, whether or not it shall
be liable hereunder, and shall not thereby concede liability or waive any provision of
this Guarantee. If the Company shall exercise its rights under this paragraph, it shall
do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 4(a) the
Company shall have the right to select counsel of its choice (subject to the right of
such Assured to object for reasonable cause) to represent the Assured and shall not
be liable for and will not pay the fees of any other counsel, nor will the Company pay
any fees, costs or expenses Incurred by an Assured in the defense of those causes of
action which allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense
as permitted by the provisions of this Guarantee, the Company may pursue any
litigation to final determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to prosecute or
provide for the defense of any action or proceeding, an Assured shall secure to the
Company the right to so prosecute or provide for the defense of any action or
proceeding, and all appeals therein, and permit the Company to use, at its option, the
name of such Assured for this purpose. Whenever requested by the Company, an
Assured, at the Company's expense, shall give the Company all reasonable aid in any
action or proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or lawful act which in the opinion of the Company may be
necessary or desirable to establish the title to the estate or interest as stated herein,
or to establish the lien rights of the Assured. If the Company is prejudiced by the
failure of the Assured to furnish the required cooperation, the Company's obligations
to the Assured under the Guarantee shall terminate.
S. Proof of Loss or Damage.
In addition to and after the notices required under Section 2 of these Conditions and
Stipulations have been provided to the Company, a proof of loss or damage signed
and sworn to by the Assured shall be furnished to the Company within ninety (90)
days after the Assured shall ascertain the facts giving rise to the loss or damage. The
proof of loss or damage shall describe the matters covered by this Guarantee which
constitute the basis of loss or damage and shall state, to the extent possible, the
basis of calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the Assured to provide the required proof of loss or damage, the
Company's obligation to such Assured under the Guarantee shall terminate. In
addition, the Assured may reasonably be required to submit to examination under
oath by any authorized representative of the Company and shall produce for
examination, inspection and copying, at such reasonable times and places as may be
designated by any authorized representative of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether bearing a date before or
after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company, the Assured shall grant
its permission, in writing, for any authorized representative of the Company to
examine, inspect and copy all records, books, ledgers, checks, correspondence and
memoranda in the custody or control of a third party, which reasonably pertain to the
Loss or Damage. All information designated as confidential by the Assured provided
to the Company, pursuant to this Section shall not be disclosed to others unless, in
the reasonable judgment of the Company, It is necessary in the administration of the
claim. Failure of the Assured to submit for examination under oath, produce other
reasonably requested information or grant permission to secure reasonably necessary
Information from third parties as required in the above paragraph, unless prohibited
by law or governmental regulation, shall terminate any liability of the Company under
this Guarantee to the Assured for that claim.
Form No. 1282 (Rev. 12/15/95)
Subdivision Guarantee
Guarantee No.: 216776-CT
5. Options to Pay or Otherwise Settle Claims: Termination of Liability.
In case of a claim under this Guarantee, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the
Indebtedness.
The Company shall have the option to pay or settle or compromise for or in the name
of the Assured any claim which could result in loss to the Assured within the coverage
of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is
issued for the benefit of a holder of a mortgage or a lienholder, the Company shall
have the option to purchase the indebtedness secured by said mortgage or said lien
for the amount owing thereon, together with any costs, reasonable attorneys' fees and
expenses incurred by the Assured claimant which were authorized by the Company up
to the time of purchase.
Such purchase, payment or tender of payment of the full amount of the Guarantee
shall terminate all liability of the Company hereunder. In the event after notice of
claim has been given to the Company by the Assured the Company offers to purchase
said indebtedness, the owner of such indebtedness shall transfer and assign said
indebtedness, together with any collateral security, to the Company upon payment of
the purchase price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the
Company's obligation to the Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required In that paragraph, shall terminate,
including any obligation to continue the defense or prosecution of any litigation for
which the Company has exercised its options under Paragraph 4, and the Guarantee
shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the
Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an Assured claimant
any claim Assured against under this Guarantee, together with any costs, attorneys'
fees and expenses incurred by the Assured claimant which were authorized by the
Company up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the
Company's obligation to the Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in that paragraph, shall terminate,
including any obligation to continue the defense or prosecution of any litigation for
which the Company has exercised its options under Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against actual monetary loss or damage
sustained or incurred by the Assured claimant who has suffered loss or damage by
reason of reliance upon the assurances set forth in this Guarantee and only to the
extent herein described, and subject to the Exclusions From Coverage of This
Guarantee.
The Liability of the Company under this Guarantee to the Assured shall not exceed the
least of:
(a) the amount of liability stated in Schedule A or In Part 2;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an
Assured mortgagee, as limited or provided under Section G 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.
S. 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 shalt 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 Canto.
10. Payment of Loss.
(a) No payment shall be made without producing this Guarantee for endorsement
of the payment unless the Guarantee has been lost or destroyed, in which case proof
of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in
accordance with these Conditions and Stipulations, the loss or damage shall be
payable within thirty (30) days thereafter.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim under this Guarantee, all
right of subrogation shall vest in the Company unaffected by any act of the Assured
claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which
the Assured would have had against any person or property in respect to the claim had
this Guarantee not been issued. If requested by the Company, the Assured shall
transfer to the Company all rights and remedies against any person or property
necessary in order to perfect this right of subrogation. The Assured shall permit the
Company to sue, compromise or settle in the name of the Assured and to use the
name of the Assured in any transaction or litigation Involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the
Company shall be subrogated to all rights and remedies of the Assured after the
Assured shall have recovered its principal, interest, and costs of collection.
12, Arbitration,
Unless prohibited by applicable law, either the Company or the Assured may demand
arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration
Association. Arbitrable matters may include, but are not limited to, any controversy or
claim between the Company and the Assured arising out of or relating to this
Guarantee, any service of the Company in connection with its issuance or the breach
of a Guarantee provision or other obligation. All arbitrable matters when the Amount
of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company
or the Assured. All arbitrable matters when the amount of liability is in excess of
$1,000,000 shall be arbitrated only when agreed to by both the Company and the
Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties.
The award may Include attorneys' fees only if the laws of the state in which the land is
located permits a court to award attorneys' fees to a prevailing parry. Judgment upon
the award rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the sites of the land shall apply to an arbitration under the Title Insurance
Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. Liability Limited to This Guarantee; Guarantee Entire Contract.
(a) This Guarantee together with all endorsements, if any, attached hereto by the
Company is the entire Guarantee and contract between the Assured and the
Company. In interpreting any provision of this Guarantee, this Guarantee shall be
construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any action
asserting such claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a
writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
14. Notices, Where Sent.
All notices required to be given the Company and any statement in writing required to
be furnished the Company shall include the number of this Guarantee and shall be
addressed to the Company at 1 First American Way, Santa Ana, CA. 92707.
Form No. 1282 (Rev. 12/15/95)
Subdivision Guarantee
Guarantee No.: 216776-CT
Citizen's Title and Escrow Company
704 South Main/P.O. Box 1310, Kalispell, MT 59901
Phone(406)752-5388 - Fax(406)752-9617
PRIVACY POLICY
We Are Committed to safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand
that you may be concerned about what we will do with such information — particularly any personal or financial information. We
agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our
parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your
personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may
use information we have obtained from any other source, such as information obtained from a public record or from another person
or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source.
First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
■ Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,
by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or
service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the
period after which an customer relationshiphas ceased. Such information may be used for an internal purpose, such as quality
control efforts or customer analysis. We may also provide all of the es of nonpublic personal any
listed above to ne or
f Y Y P types P
more o 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, n ies home warranty companies, n ies and escrow companies. n ies. Furthermore we may also provide all the information we collect as
p ► tY P � P y P ,
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.
P '
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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.
a 2001 The First American Corporation ■ All Rights Reserved
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