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I6. Final Plat - Kali North Town Center Ph 1PLANNING FOR THE FUTURE REPORT TO: Doug Russell, City Manager *- FROM: Jarod Nygren, Senior Planner Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: Final Plat request for Kalispell North Town Center — Phase 1 MEETING DATE: August 7, 2017 BACKGROUND: Our office has received an application for final plat approval from CTA, on behalf of Stillwater Corporation, for Kalispell North Town Center — Phase 1, a subdivision creating a 10-acre commercial lot, 2.5-acre open space area and 5.5-acre utility lot. The subject property is located at the southeast corner of the intersection of Rose Crossing and U.S. 93 North. The subdivision is located within portions of the SE4 and SW4 of Section 19. Township 29 North, Range 21 West, P.M.M., and portions of the NW4, NE4 and SW4 of Section 30, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described in the attached Exhibit «A„ The Kalispell City Council approved the preliminary plat for Kalispell North Town Center with 24 conditions on February 6, 2017. All 24 conditions of the preliminary plat have been met or otherwise adequately addressed for this phase. The following report summarizes the applicant's compliance with the conditions of approval contained within Resolution No. 5803. In addition, a Subdivision Improvement Agreement in the amount of $1,640,235.95 (125% of remaining cost) is included for City Council action. RECOMMENDATION: It is recommended that the City Council approve the final plat for Kalispell North Town Center — Phase 1 and approve the Subdivision Improvement Agreement. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: July 27, 2017 c: Aimee Brunckhorst, Kalispell City Clerk PLANNING FOP, THE FUTURE July 26, 2017 Doug Russell, City Manager City of Kalispell 201 1 s` Ave E Kalispell, MT 59901 MON'T"A Re: Final Plat request for Kalispell North Town Center — Phase 1 Dear Doug: Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispelf.com/planning Our office has received an application for final plat approval from CTA, on behalf of Stillwater Corporation, for Kalispell North Town Center — Phase 1, a subdivision creating a 10-acre commercial lot, 2.5-acre open space area and 5.5-acre utility lot. The subject property is located at the southeast corner of the intersection of Rose Crossing and U.S. 93 North. The subdivision is located within portions of the SE4 and SW4 of Section 19. Township 29 North, Range 21 West, P.M.M., and portions of the NW4, NE4 and SW4 of Section 30, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described in the attached Exhibit "A". The Kalispell City Council approved the preliminary plat for Kalispell North Town Center with 24 conditions on February 6, 2017. All 24 conditions of the preliminary plat have been met or otherwise adequately addressed for this phase. The following report summarizes the applicant's compliance with the conditions of approval contained within Resolution No. 5803. In addition, a Subdivision Improvement Agreement in the amount of $1,640,235.95 (125% of remaining cost) is included for City Council action. COMPLIANCE WITH CONDITIONS OF APPROVAL General Conditions: 1. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. Staff Response: This condition has been met. The submitted final plat is in compliance with the preliminary plat application documents. 2. All applicable conditions within Ordinance 1630 (Glacier Town Center PUD) shall apply. Staff Response: This condition has been met. The submitted final plat is in compliance with the applicable conditions of Ordinance 1630. 3. The preliminary plat approval shall be valid for a period of three years from the date of approval. Staff Response: This condition has been met. Resolution 5903 approving the preliminary plat for Kalispell North Town Center was approved on February 6, 2017, and is still valid. 4. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved, or a proper bond is in place for said improvements. Staff Response: This condition has been met. Public Works issued a letter approving the storm water plan on May 11, 2017. The letter is attached hereto for reference. In addition, the developer has entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all infrastructure (drainage in this case) required, is installed to city standards for design and construction. 5. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. Staff Response: This condition has been met. DEQ issued a letter on February 9, 2017 for General Permit for Storm Water Discharge Associated with Construction Activities. 6. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. Staff Response: This condition has been met. Public Works issued a letter approving the water and sewer plan on May 11, 2017 and DEQ on May 12, 2017. The letters are attached hereto for reference. In addition, the developer has entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all infrastructure (water and sewer in this case) required, is installed to city standards for design and construction. 7. The developer shall submit the street designs to the Kalispell Public Works Department for review and approval prior to construction. Staff Response: This condition has been met. Public Works issued a letter approving the street design on May 11, 2017. The letter is attached hereto for reference. In addition, the developer has entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all infrastructure (streets in this case) required, is installed to city standards for design and construction. 8. Existing onsite infrastructure shall be improved to meet the minimum City of Kalispell Standards for Design and Construction. Staff Response: This condition has been met. Public Works issued a letter approving the infrastructure design on May 11, 2017. The letter is attached hereto for reference. 9. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. Staff Response: This condition has been met. The developer has entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all infrastructure required, is installed to city standards for design and construction. The subdivision improvement agreement, which encompasses a detailed cost of infrastructure improvements for Kalispell North Town Center — Phase 1, is attached hereto for reference. 10. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. Staff Response: This condition has been met. Public Works issued a letter approving the utility easements on July 28, 2017. The letter is attached hereto for reference. 11. A 10' utility easement needs to be provided for along the arterial streets. Staff Response: This condition has been met. Public Works issued a letter approving the utility easements on July 28, 2017. The letter is attached hereto for reference. 12. 40' of additional right-of-way is required along the northern half of Tract 1 of COS 15221 for the southern portion of Rose Crossing as it approaches the intersection of Whitefish Stage Road. Staff Response: This condition has been met. This condition is not applicable at this time, as only one commercial lot is being platted and the extension of Rose Crossing is not required at this time. 13. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature Staff Response: This condition has been met. The statement and signature block are on the final plat. 14. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. Staff Response: This condition has been met. The Kalispell postmaster sent an email indicating they would give approval for centralized boxes within the development. Email is attached hereto for reference. 15. A property owner's association (POA) shall be formed and established for the common areas prior to final plat. The POA should include provisions for the maintenance of all common areas including the storm water ponds, parks and open space areas. Staff Response: This condition has been met. A Common Area Management Plan and Property Owner's Association has been established for Kalispell North Town Center and will be recorded with the final plat. 16. A park maintenance district shall be formed incorporating all lots, commercial and residential within the subdivision. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Staff Response: This condition has been met. A park maintenance district is not needed at this time, however, a note has been added to the final plat that the owner(s) shall waive the right to protest the creation of a park maintenance district in the event the Common Area Management Plan/Property Owner's Association defaults on any operation/maintenance items. 17. 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 landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. Staff Response: This condition has been met. A letter was issued on August 2, 2017 approving the landscaping plan. Letter is attached hereto for reference. 18. The bike path located along U.S. 93 shall be extended across the Rose Crossing at the US 93- Rose Crossing intersection. Staff Response: This condition has been met. The path along U.S. 93 has been extended across Rose Crossing at the U.S. 93/Rose Crossing intersection. 19. The Bike path along Rose Crossing shall not have a mid -block crossing. Staff Response: This condition has been met. The path along Rose Crossing has been modified to eliminate the mid -block crossing. 20. All utilities shall be installed underground. Staff Response: This condition has been met. All new utilities are proposed to be constructed underground and have been approved by Public Works. 21. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition has been met. All disturbed areas during construction will be re -vegetated with a weed free mix as specified in the approved landscape plans. 22. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: a) Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code. b) Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c) Fire Department access shall be provided in accordance with International Fire Code. d) It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e) Street naming shall be approved by the fire department. Staff Response: This condition has been met. The Fire Chief issued a letter approving the above conditions on May 12, 2017. The approval letter is attached hereto for reference. 23. Flathead Drive should be renamed in coordination with the Public Works Department and Fire Department as it conflicts with an existing named road. Staff Response: This condition has been met. Flathead Drive has been renamed Jefferson Boulevard and Public Works Department and Fire Department have approved the road naming for future roads within Kalispell North Town Center. 24. At time of final plat of each phase the proportionate share of the water rights shall be shall be transferred to the city. Staff Response: This condition has been met. The conveyance of water rights has been reviewed by Public Works and is acceptable for this phase. See email from Public Works Director and water rights transfer documents, attached hereto for reference. 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 B-2/PUD zoning on the property. RECOMMENDATION: It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. It is recommended that the Kalispell City Council approve the final plat for Kalispell North Town Center — Phase 1. Please schedule this matter for the regular city council meeting on August 7, 2017. Attachments: - Two mylars of final plat - 11 x 17 copy of final plat and utility easements - Application and applicant responses and final plat application dated July 3, 2017 - Fidelity National Title Guaranty Company Report FT1585-170169, dated 5/03/2017 - Subdivision Improvement Agreement, bond and Engineer's Cost Estimate - Montana Department of Environmental Quality municipal facilities exclusion letter dated 5/12/2017 - Montana Department of Environmental Quality permit for storm water discharge dated February 9, 2017 - Flathead County tax certification dated 5/5/2017. - Letter from Kalispell Public Works Department (engineering approval) dated 5/11/2017 - Letter from Kalispell Public Works Department (utility easements) dated 7/28/2017 - Letter from Kalispell Fire Department dated 5/12/2017 - Parks and Recreation approval letter dated 5/22/2017 - Letters from Montana Department of Transportation approving access dated 8/02/2017. - Email from U.S. Postal Service letter dated 5/30/2017 - Conveyance of water rights and email - Common Area Management Plan and Property Owner's Association documents - Exhibit A — legal description c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: Stillwater Corporation Attn: Jeff Claridge P.O. 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WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Kalispell North Town Center —_Phase 1, Lot 1, Block I (FORT) LOT) (Name of Subdivision) located at North of Reserve Avenue and East of Highway 93, Kalispell Montana (Location of Subdivision) and, WHEREAS, the City has conditioned its approval of the final plat of Kalispell North Town Center, Phase 1, upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $1,312,188.76. NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: Appendix — Page A-24 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 $ L640.235.95 . Said Letter o Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $ 1,640,235.95, as 125 percent of the estimated cost of completing the required improvements in Kalispell North Town Center, Phase 1. 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 hinit of credit stated in the letter; 2. That said, required improvementsshallbe fully completed by October 31,2018. 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of two (2) years from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement, That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. Stillwater Corporation 7 WJeff Claridge, Vice President STATE OF MONTANA COUNTY OF FLATHEAD On this day of 20 1-7 before me, a Notary Public for the State of Montana, personally appeared ('Q�rVA known to me to be the JX)IVQWI Of whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. Notary ii for the State of Montana Residing at My Commission E ires MAYOR, CITY OF KALISPELL MAYOR jOLYNNC� WOPRF-LL NOTARY PU13LIC for the 'k, Ell State Of Montana at Kai;cPeff, Montana My Cornnnission F,,Pi,,,, April OC-, 2020 ATTEST: CITY CLERK E)CfflBrf A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana, EXHIBIT B Exhibit B is the attached Engineers Opinion of Probable Cost which specifically includes 100% of the improvements required for the preliminary plat as outlined in Exhibit W. Exhibit A RESOLUTION NO. 5803 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF KALISPELL NORTH TOWN CENTER, PHASE 1, LOCATED IN THE, SOUTHWEST QUARTER OF SECTION 19 AND THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Stillwater Corporation, the owner of the certain real property described above, has petitioned for approval of the Subdivision Plat of said property; and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on January 10, 2017 on the proposal and reviewed Subdivision Report #KPP-16-03 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Kalispell North Town Center, Phase 1, subject to certain conditions and recommendations; and WHEREAS, the city council of the City of Kalispell at its regular council meeting of February 6, 2017, reviewed the Kalispell Planning, Department Report #KPP- 16-03, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and M, found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report #KPF-16-03 are hereby adopted as the Findings of Fact of the city council. SECTION2. That the application of Stillwater Corporation for approval of the Preliminary Plat of Kalispell Town Center, Phase 1, Kalispell, Flathead, County, Montana is hereby approved subject to the following conditions: The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. ? All applicable conditions within Ordinance 1630 (Glacier Town Center PUD) shall apply. The preliminary plat approval shall be valid for a period of three years from the date of approval, 4. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements Z7 11:11 of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. 5. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. 6. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana. epartment of Environmental Quality for concurrent review, with approval of both required prior to construction. 7. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction, 8. Existing onsite infrastructure shall be improved to meet the minimum City of Kalispell Standards for Design and Construction. 9. A letter froni the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work-. 10. All existing and proposed casements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating, that the required easements are being shown on the final plat. 11. A 10' utility easement needs to be provided for along the arterial streets, 12, 40' of additional right-of-way is required along the northern half of Tract t of COS 15221 for the southern portion of Rose Crossing as it approaches the intersection of Whitefish Stage Road. 13. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easenient for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area d a ed n �thist "Utility Easement" to have and to hold forever." . .......... ,v_elopel,�s S ure eveloper's Signature t� 14. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. 15. A property owner's association (POA) shall be formed and established for the common areas prior to final plat. The POA should include provisions for the maintenance of all common areas including, the storm water ponds, parks and open space areas. C� 16. A parks maintenance district shall be formed incorporating all lots, commercial and residential within the subdivision. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. 17. 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 landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and UCY oundcover be provided to the Kalispell Parks and Recreation Department. I& The bike path located along US 93 shall be extended across Rose Crossing at the US 93- C� Rose Crossing intersection. 19. The bike path along Rose Crossing shall not have a mid -block crossing. Z__ I 20. All utilities shall be installed underground, ') I All areas disturbed re -vegetated during development shall be with a weed -free mix Z� immediately after development. 22. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: a) Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code. b) Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. C) Fire Department access shall be provided in accordance with International Fire Code, d) It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e) Street naming shall be approved by the fire department, 23. Flathead Drive should be renamed in coordination with the Public Works Department and Fire Department as it conflicts with an existing named road, 24. At time of final plat of each phase the proportionate share of the water rights shall be transferred to the city. SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. Mark John's8n Mayor tits I fill/ Aimee Brunckhorst, CMC 0. City Clerk w10 After recording, return to: Charles Harball, City Attorney City of Kalispell 201 First Avenue East Kalispell, MT 59901 QUITCLAIM DEED TRANSFERRING PROPORTIONATE INTEREST IN WATER RIGHTS FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged, the undersigned, Stillwater Corporation, P.O. Box 7338, Kalispell, MT 59903-7338, as Grantor, hereby grants to The City of Kalispell, 201 First Avenue East, Kalispell, MT 59901, as Grantee, the following described property in Flathead County, Montana: Those certain water rights described as A proportionate share of the interest held by Stillwater Corporation in Provisional Permit 76LJ 57621-00, with such proportionate interest defined by the 20-acre place of use for 76LJ 5762 1 -00 located within the final platted boundaries of Kalispell North Town Center Subdivision, Phase 1. This 20-acre place of use is referenced and illustrated on a completed DNRC Form 641 and map appended to DNRC Form 641, all maintained within the official records of DNRC. 2. A proportionate share of the interest held by Stillwater Corporation in Statement of Claim 76LJ 542-00, with such proportionate interest defined by the 33.7-acre place of use for 76LJ 542-00 located within the final platted boundaries of Kalispell North Town Center Subdivision, Phase 1. This 33.7-acre place of use is referenced and illustrated on a completed DNRC Form 641 and map appended to DNRC Form 641, all maintained within the official records of DNRC. A proportionate share of the interest held by Stillwater Corporation in Statement of Claim 76LJ 26596-00, with such proportionate interest defined by the 20-acre place of use for 76LJ 26596-00 located within the final platted boundaries of Kalispell North Town Center Subdivision, Phase 1. This 20-acre place of use is referenced and illustrated on a completed DNRC Form 641 and map appended to DNRC Form 641, all maintained within the official records of DNRC. Together with all easements or other rights that may be appurtenant to or associated with the foregoing water rights, to have and to hold unto the Grantee, and to the Grantee's successors and assigns, forever. DATED: MA-�4 /Z , 2017. Stillwater Corporation By Jeff Claridge, Vice President STATE OF MONTANA ) ss: County of Flathead ) This instrument was acknowledged before me on 20-1-7, by Jeff Claridge, as Vice President of Stillwater Corporation. o AMBER GOULET �osrmrq� NOTARY PUBLIC for the State of Montana * SEAL * Residing at Colombia falls, A{An My Commission Expires F AL] March 12, 2019 Print Name: Notary Public or the State of Residing at ►0. '"j . My Commission expires.a,,oc /p'L 20_Lf 2 Return to: City Clerk City of Kalispell 201 First Avenue E. Kalispell, MT 59904 PERPETUAL UTILITY AND ACCESS EASEMENTS FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, on this .3 f day of , 20 1 —7 , the undersigned, STILLWATER CORPORATION, a Montana orporation, of the address of 155 7 h Avenue, P.O. Box 7338, Kalispell, MT 59904, hereinafter called "Grantor," hereby grant and convey unto the CITY OF KALISPELL, a municipal corporation and political subdivision of the State of Montana, of the address of City Hall, 201 First Avenue E., Kalispell, Montana 59904, hereinafter called "Grantee," perpetual non-exclusive easements and right-of-ways over, across, under, and through portions of the SE1/4SW1/4 of Section 19, and the WI/2 of Section 30, all in Township 29 North, Range 21 West, P.M.,M., City of Kalispell, County of Flathead, State of Montana and more particular described as follows: SEE ATTACHED EXHIBIT A These perpetual easements to Grantee are for the purpose of constructing, reconstructing, maintaining, operating, servicing, repairing, and replacing public utilities, including storm drain lines, water lines, sanitary sewer lines, and all necessary appurtenances thereto, over, across, under, and through the said real property; together with the right of free ingress and egress at all times for the purpose of constructing, reconstructing, maintaining, operating, servicing, repairing, and replacing said public utilities. Grantor shall continue to have the right to use and enjoy the above -described property, except as to the rights herein granted, subject to the following restrictions: 1. Grantor and its successors agree not to construct, nor cause to be constructed within the easement right-of-way, any type of building or structure such as, but not limited to, houses, garages, sheds, kennels, fences, or any other fixed objects of any kind, shape or form without Grantee's express consent. Notwithstanding the foregoing, Grantor is expressly allowed to a) pave and use the easement right of way for any pedestrian and vehicular ingress and egress such as drive aisles, drive ways, sidewalk, cross walk, and parking areas, and b) to install landscaping and landscaping facilities within the easement right-of-way, such as irrigation, berms, trees, bushes, shrubs, hedges, grass, or any other facilities or plantings of a similar nature that will be operated and maintained by Grantor. 3. Grantor agrees that authorized representatives of the City of Kalispell can freely travel within the easement right-of-way with their equipment in the performance of their duties. 4. Grantor agrees to obtain the permission of the Public Works Department or Grantee prior to placing or removing any fill dirt within the easement right-of-way and, in addition, in the event such permission is granted, the Grantor agrees to perform any work necessary to modify the existing storm drain lines and appurtenances, which work may be required prior to placing or removing any fill dirt within the easement right-of-way; and all such work shall be done at the Grantor's expense and without expense to the City. (SIGNATURE PAGES FOLLOW) "GRANTOR" STILLWATER CORPORATION STATE OF MONTANA ss County of Flathead By:/ Its: Ur cc �2Fs �o c�a/i On this � day of u , 2017, before me, a Notary Public in and for the State of Montana, personally appeared � (A.P<—QA '0b t, , known to me to be the person who signed the foregoing instrument as the \/ ` i�S147� Vim' of STILLWATER CORPORATION, and who acknowledged to me that said company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year hereinabove written. Notary Public in an or the State of Montana Printed name: l� Residing at: My commission expires: Z� k4sy 84Ns WHITNEY HANSEN NOTARY PUBLIC for the * E�� ; State of Montana Residing at Kalispell, Montana sT c 9TFOFMON�P My Commission Expires March 21, 2018 "CITY" STATE OF MONTANA ) ss County of Flathead ) CITY OF KALISPELL Attest: Mayor City Clerk On this day of , 2017, before me, a Notary Public in and for the State of Montana, personally appeared and , known to me to be the Mayor and City Clerk, respectively, of the City of Kalispell, Montana, whose names are subscribed to the foregoing instrument in such capacity and acknowledged to me that they executed the same on behalf of the City of Kalispell, Montana. Witness my hand and seal the day and year herein above written. Notary Public in and for the State of Montana Printed name: Residing at: My commission expires: EXHIBIT EASEMENT #1 DESCRIPTION: A public water easement located on a portion of Tracts 9 and 10 of Certificate of Survey 4491, recorded in the office of the Flathead County Clerk and Recorder, located in the southwest quarter of Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the southwest corner of said Section 19, thence along the south line of said Section 19, S89041'21"E, 1307.65 feet to the west sixteenth corner common to said Sections 19 and 30; thence along the sixteenth line, N00°33'20"W, 787.62 feet to the POINT OF BEGINNING; thence continuing along the sixteenth line, N00033'20"W, 20.00 feet; thence S89059'49"E, 614.80 feet; thence S00°00'11"E, 247.62 feet; thence N89°59'49"W, 20.00 feet; thence N00°00'11"E, 227.62 feet; thence N89°59'49"W, 594.61 feet to the POINT OF BEGINNING, containing 0.387 acres. All according to the Subdivision Plat of Kalispell North Town Center - Phase 1 filed as Document No. EASEMENT #2 DESCRIPTION: A public utility easement located on a portion of Tract 10 of Certificate of Survey 4491 and a portion of Tract-1 of Certificate of Survey 6643, recorded in the office of the Flathead County Clerk and Recorder, located in the southwest quarter of Section 19 and the northwest quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the southwest corner of said Section 19, thence along the south line of said Section 19, S89°41'21"E, 1307.65 feet to the west sixteenth corner common to said Sections 19 and 30; thence S89°59'34"E, 556.93 feet to the POINT OF BEGINNING; thence N00'00'11"E, 560.00 feet; thence S89°59'49"E, 60.00 feet; thence S00°00'1 VW, 555.00 feet; thence S6°20'14"E, 90.55 feet; thence S00°00'1 VW, 1175.11 feet; thence WEST, 80.00 feet; thence N00°00'11 "E, 1180.11 feet; thence N7°07'40"E, 80.62 feet to the POINT OF BEGINNING, containing 3.067 acres. All according to the Subdivision Plat of Kalispell North Town Center - Phase 1 filed as Document No. EASEMENT #3 DESCRIPTION: A public utility easement located on a portion of Tract 10 of Certificate of Survey 4491 and a portion of Tract-1 of Certificate of Survey 6643, recorded in the office of the Flathead County Clerk and Recorder, located in the southwest quarter of Section 19 and the northwest quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the southwest corner of said Section 19, thence along the south line of said Section 19, S89°41'21"E, 1199.46 feet to the POINT OF BEGINNING; thence continuing along said south line, S89°41'21"E, 108.19 feet to the west sixteenth corner common to said Sections 19 and 30; thence S89°59'34"E, 556.93 feet; thence S7°07'40"W, 80.62 feet; thence WEST, 655.11 feet; thence NORTH, 80.66 feet to the POINT OF BEGINNING, containing 1.214 acres. All according to the Subdivision Plat of Kalispell North Town Center - Phase 1 filed as Document No. EASEMENT #4 DESCRIPTION: A public utility easement located on a portion of a tract described in Deed Exhibit 550/579 and a portion of Tract-1 of Certificate of Survey 6643, recorded in the office of the Flathead County Clerk and Recorder, located in the northwest quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the northwest corner of said Section 30, thence along the north line of said Section 30, S89041'21"E, 1199.46 feet; thence SOUTH, 80.66 feet to the northeast corner of Lot 1, Block 1, Kalispell North Town Center - Phase 1 Subdivision; thence along the east line of said Lot 1, SOUTH, 340.77 feet to the POINT OF BEGINNING; thence EAST, 655.09 feet; thence S00000'1 VW, 60.00 feet; thence WEST, 911.17 feet to the beginning of a 370.00 foot radius curve to the left; thence along said curve 581.19 feet through an angle of 90°00'00", thence SOUTH, 409.34 feet; thence WEST, 60.00 feet; thence NORTH, 409.34 feet to the beginning of a 430.00 foot radius curve to the right; thence along said curve 675.44 feet through an angle of 90°00'00", thence EAST, 256.08 feet to the POINT OF BEGINNING, containing 2.684 acres. All according to the Subdivision Plat of Kalispell North Town Center - Phase 1 filed as Document No. EASEMENT #5 DESCRIPTION: A public utility easement located on a portion of a tract described in Deed Exhibit 550/579 and a portion of Tract-1 of Certificate of Survey 6643, recorded in the office of the Flathead County Clerk and Recorder, located in the northwest quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the northwest corner of said Section 30, thence along the north line of said Section 30, S89°41'21"E, 69.85 feet to a point on the east boundary of U.S. Highway 93 right-of-way; thence along said east boundary through the following five courses: 1) S00°14'37W, 100.68 feet; 2) S13054'44"E, 61.80 feet; 3) S00°11'06"W, 940.00 feet; 4) S14°12'33"W, 61.91 feet; 5) S00°11'1 VW, 97.32 feet to the POINT OF BEGINNING; thence S89048'47"E, 30.09 feet; thence S83027'28"E, 77.25 feet; thence EAST, 1761.90 feet; thence S00°00'11"W, 60.00 feet; thence WEST, 1763.36 feet; thence S83°21'33"W, 65.88 feet; thence N89°48'47"W, 40.18 feet to said east boundary; thence along said east boundary, N00°11'1 VE, 76.39 feet to the POINT OF BEGINNING, containing 2.601 acres. All according to the Subdivision Plat of Kalispell North Town Center - Phase 1 filed as Document No. EASEMENT #6 DESCRIPTION: An access, drainage, and grading easement located on a portion of Tract-1 of Certificate of Survey 6643, recorded in the office of the Flathead County Clerk and Recorder, located in the northwest quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the west quarter corner of said Section 30, thence along the mid -section line of said section 30, 1338.90 feet to the center -west sixteenth corner of said Section 30; thence N00°23'35"W, 31.92 feet; thence N89°36'32"E, 70.18 feet to the POINT OF BEGINNING; thence N00°23'28"W, 15.00 feet, thence N89°36'32"E, 125.69 feet; thence N16°37'38"E, 23.32 feet; thence N00°28'33"W, 159.49 feet; thence N10°28'12"E, 824.68 feet; thence N13°21'20"E, 191.72 feet; thence NORTH, 101.45 feet; thence EAST, 202.31 feet; thence SOUTH, 149.05 feet; thence S13°21'35"W, 1060.98 feet; thence S25048'18"W, 126.34 feet; thence S89°36'32"W, 227.25 feet to the POINT OF BEGINNING, containing 5.631 acres. All according to the Subdivision Plat of Kalispell North Town Center - Phase 1 filed as Document No. EASEMENT #7 DESCRIPTION: A drainage and grading easement located on a portion of Tract 1 of Certificate of Survey 12458, recorded in the office of the Flathead County Clerk and Recorder, located in the southwest quarter of Section 30, Township 29 North, Range 21 West, P.M.,M,, Flathead County, Montana, more particularly described as follows.. Commencing at the west quarter corner of said Section 30, thence along the mid -section line of said section 30, 1338.90 feet to the center -west sixteenth corner of said Section 30; thence along the sixteenth line, S00°23'35"E, 691.18 feet to the POINT OF BEGINNING; thence N89°36'32"E, 102.69 feet; thence S13°46'41"W, 55.53 feet; thence S00°53'22"W, 139.02 feet; thence S7022'49"W, 137.62 feet; thence S7°04'28"W, 133.79 feet; thence S00°15'41 "E, 172.15 feet; thence S89037'44"W, 49.58 feet to the sixteenth line; thence along the sixteenth line, N00023'35"W, 633.97 feet to the POINT OF BEGINNING, containing 1.013 acres. All according to the Subdivision Plat of Kalispell North Town Center - Phase 1 filed as Document No. PLANNING FOR THE FUTURE Project /Subdivision Name: Contact Person: Name: Jeff Claridge Address: PO Box 7338 MONTANA Planning Department 201 1" Avenue Past Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kabspell.com/plannin2 FINAL PLAT APPLICATION Kalispell North Town Center - Phase 1, Lot 1, Block 1 Kalispell, MT 59904-0338 Phone No.: 406-758-6420 Owner & Mailing Address: Stillwater Corporation PO Box 7338 Kalispell, MT 59904-0338 406-758-6420 Date of Preliminary Plat Approval: February 6, 2017, Resolution No. 5803 Type of Subdivision: Residential __Industrial Total Number of Lots in Subdivision I Land in Project (acres) 10.001 Parkland (acres) Cash -in -Lieu $ No. of Lots by Type: Single Family Townhouse _ Duplex Apartment Commercial 1 Industrial Condominium Multi -Family Commercial PUD X Other Exempt X Mobile Home Park Recreational Vehicle Park Planned Unit Development Other Legal Description of the Property Kalispell North Town Center Phase 1, being a subdivision of portions of the NW1/4 and the SW 1/4 of Section 30, T. 29 N., R. 21 W., P.M.M., City of Kalispell, County of Flathead, State of Montana FILING FEE ATTACHED $_. $525 Minor Subdivision with approved preliminary plat Major Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement $400 + $125/lot $800 + $125/lot $800 + $125/lot �+� -� TO I Attached Not Applicable (MUST CHECK ONE X Health Department Certification (Original) X Title Report (Original, not more than 90 days old) X Tax Certification (Property taxes must be paid) x Consent(s) to Plat (Originals and notarized) X Subdivision Improvements Agreement (Attach collateral) X Parkland Cash -in -Lieu (Check attached) X Maintenance Agreement X Plats: 2 mylars 1 11X17 Copy 1 full size copy 1 Electronic Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applications be accompanied with a digital copy. wner(s) Signature Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2_ Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system 2 INVI Ot MI-NTS July 3rd, 2017 City of Kalispell Planning Department Attn: Tom Jentz, Planning Director 201 1st Avenue East Kalispell, MT 59901 RE: Final Plat for Kalispell North Town Center — Phase 1, Lot 1, Block 1 Dear Tom, Attached are the Final Plat documents and conditional requirements, per City Resolution 5803, for the Kalispell North Town Center -- Phase 1, Lot 1, Block 1 Planned Unit Development. The Final Plat submittal meets the general conditions outlined in Resolution 5803 as follows: 1. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. Response: The Final Plat submittal is in substantial compliance with the preliminary plat application approved by Resolution 5803 dated February 6, 2017, governing the location of lots; easements, roadways, signage, landscaping, materials, and pedestrian access. Documents include: • Site plan ® Lot layout • Site utility water and sewer plans • Grading and drainage plan and profiles • Landscape Plan • Materials List • Electrical Plan • Stormwater Report and Maintenance Agreement • Erosion and Sediment Control Plan • Signage 2. All applicable conditions within Ordinance 1630 (Glacier Town Center PUD) shall apply. Response: Kalispell North Town Center, - Phase 1, Lot 1, Block 1, is in substantial compliance with Ordinance '1630 (Glacier Town Center PUD) with the exception of a I.Uhc_kntctdocsi6 final plat submiliallford_flnal plafdord final plat submitia113. updated conditions teltert3, final plat condition letter.docx http://,Nww.ctagroup.com E-mail. info@ctagroup.com City of Kalispell Planning Department July 3rd, 2017 Page 2 minor planned unit development amendment which has been administratively approved by the City of Kalispell Planning Department on March 20, 201T The amendments included.- (1) The name of the PUD would be changed from "Glacier Town Center" to "Kalispell North Town Center' (2) The maximum allowed building height for the parcels adjacent to Highway 9311andscaped common area would be 35 feet (PUD Condition 15). (3) The signage plan would be modified as shown on the attached exhibit. Condition 14(A) and (B) reference two common freestanding signs and one monument sign along the eastern edge of the 100-foot buffer area along Highway 93. The plan is also referenced in Condition 3(K). The new sign exhibit would allow one of the larger freestanding signs to be used by Lot 5, Block 2, for its individual use (currently the Ford dealership). The monument sign location will be determined at a later date. The new plan also provides for signage in the landscape bufferon a rock wall. The signage shall comply with regulations for subdivision identification signs. (4) There would be a new condition allowing a building permit to be issued for one project (Ford) prior to final plat. (5) Another new condition would allow for 19-foot deep spaces for vehicle display areas at auto dealerships, along with no striping other than the center spine. This condition would apply only to display areas for auto dealerships and required parking spaces for auto dealerships Would need to meet all dimensional and striping requirements under the zoning ordinance. The City approval letter and sign exhibit is attached as Appendix 1. 3. The preliminary plat approval shall be valid for a period of three years from the date of approval. Response: The Preliminary Plat was approved February 6th, 2017. The applicant is requesting Final Plat for Phase 1, Lot 1, Block I approval within the three-year approval date. The developer shall Submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the Public VVorl(s Department stating that drainage plan for the subdivision has been installed as designed and approved. Response: A StORP water maintenance agreement and engineered drainage plan has been completed and approved and is included under Tab 12. 5. The developer shall submit to the Kalispell Public Works Department prior to construction and erosion/sediment control plan for review and approval and a copy of all documents Submitted to the Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities, WC K_QTC Final Pw FORD I)ttp://w,ww,ctagroup.coni E-mail: info@ctagroup.coni City of Kalispell Planning Department July 3rd, 2017 Page 3 Response: The Stormwater Pollution Prevention Plan and Notice of Intent have been completed and signed by the Developer. Please see Appendix 5, for the Completed SINPPP and NOI. 6. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with the approval of both required prior to construction. Response: The City conditionally approved the civil plans on May 11, 2017, subject to completion of minor plan modifications. The approval letter from the City of Kalispell Public Works Department is included under Tab. 12. The Department of Environmental Quality requires signature on the Municipal Facilities Exemption and the Final Plans. 7. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. Response: The City of Kalispell Public Works Department conditionally approved the street design on May 11, 2017. 8. Existing onsite infrastructure shall be improved to meet the minimum City of Kalispell Standards for Design and Construction. Response: All infrastructure has been designed per the City of Kalispell's Engineering Design Standards. A letter of approval from the City of Kalispell Public Works Department is included under Tab 12 of the final plat application, 9. A letter frorn the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for the unfinished work. Response: A updated bond in the amount of $1, 640, 235.95 is include(] under Tab 6 of this submittal as part of the Final Plat application for Phase 1, Lot 1, Block 1. This bond covers the cost of the now infrastructure that is not yet complete as well as the 2-year warranty period. 10. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for the city water and sewer shall be provided to allow for the logical extension of utilities from this Subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are shown on the final plat, Response.- Easement language dedicating the water and sewer utilities to the City of Kalispell has been included on the Final Plat found tinder Tab 4. 11. A 10' utility easement needs to be provided along the arterial streets. Response: A 10' utility easement is sholviln on the Final Plat. The Final Plat is located under Tab 4 of the final plat submittal binder. LHC KNTC Fifia! Plat FORD http:/MwA,.ctagroup.corn E-mail. infa@ctagroup.com City of Kalispell Planning Department July 3rd, 2017 Page 4 12. 40' of additional right of way is required along the northern half of Tract 1 of COS 16221 for the southern portion of Rose Crossing as it approaches the intersection of Whitefish Stage Road. Response: This condition is not applicable for the Final Plat for Phase 1, Lot 1, Block 1. This condition will be applicable when future phases of KNTC are final platted. 13. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, Gable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities, in, over, and across each area designated on this plat as 'Utility Easement' to have and to hold forever". Developer's signature Response: This language has been added to the final plat which has been signed by the Developer. See Tab 4 - Final Plat. 14. Prior to the filing of the final plat, a letter from the US Postal Service shall be included stating that service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall be included in the preliminary and final engineering plans to be reviewed by the Public Works Department, The mall delivery site shall not impact a sidewalk or proposed boulevard area. Response: The final plat has been reviewed by the USPS in Kalispell, MT and the Post Master has concurred that postal delivery service is available and there are 170 conflicts in establishing a centralized postal delivery location to the development. Please see the attached response from Mr. Josh Schlecht PostmasteilKalispell in Appendix 3. 16. A Property Owner's Association (POA) shall be formed and established for the common areas prior to final plat. The POA should include provisions for the maintenance of all common areas including the storm water ponds, parks and open space areas. Response: Kalispell Noith Town Center PtJD has established a Property Owner's Association that includes a Common Area Management Plan. The Common Area Management Plan includes storm water ponds, parks, and all open spaces areas. Please see Tab 6 in the final plat binder for a signed copy of the POA. 16. A parks maintenance district shall be formed incorporating all lots, commercial and residential within the subdivision. This district shall only be activated in the event that the property owner's association defaults on their park and open space amenity conditions. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. LHC KNTC Finai Plat FORD http://www.etagroup.coiii E-mail: info@ctagroup.coni City of Kalispell Planning Department July 3rd, 2017 Page 5 Response: Per the City of Kalispell Planning Department, the formation of a parks district is not required at this time, however, a note to the Final Plat has been added that the property owner(s) shall waive their right to protest the creation of a park maintenance district in the event the Common Area Management Plan / Property Owner's Association defaults on any operation/maintenance items. The final plat is under Tab 4. 17. A letter shall be obtained from the Kalispell Parks and Recreation approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department, Response: A letter from the Kalispell Parks and Recreation department approving the landscape plan is included Linder Tab 13, 18, The bike path located along US 93 shall be extended across Rose Grossing at the US 93 Rose Crossing intersections. Response: The bike path along US 93 has been extended across Rose Crossing at the US 93 Rose Crossing intersections. 19. The bike path along Rose Crossing shall not have a mid -block crossing. Response: The bike path along Rose Crossing has been modified to eliminate the mid - block crossing. 20. All utilities shall be installed underground. Response: All new utilities are proposed to be constructed underground. Civil construction drawings have been conditionally approved by the City of Kalispell Public Works Department. 21. All areas disturbed during development shall be re -vegetated with a weed free mix immediately after development. Response. All disturbed areas during construction will be re -vegetated with a weed free mix as specified in the approved Landscape plans, 22. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code. LHC KNTC Final Mat FOR littp://www.ctagroup.com E-mail iiifo@ctagroup.coni City of Kalispell Planning Department July 3rd, 2017 Page 6 d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the Fire Department. Response: On May 12, 2017 Fire Chief Dedman approved the above conditions as they related to Kalispell North Totem Center -- Phase 1. The approval letter is included under Tab 14. 23. Flathead Drive should be renamed in coordination with the public Works Department and Fire Department as it conflicts with an existing named road. Response: Flathead Drive has been renamed to Jefferson Boulevard and the City of Kalispell Public Works Department and Fire Department have approved the road naming for future roads within the KNTC PUD. However, these roads are not being final platted at this time. 24, At the time of final plat of each phase the proportionate share of the water rights shall be transferred to the city. Response: The City Planning Department has the water rights conveyance documents related to the conveyance of a proportionate share of water rights from Stillwater Corporation to the City of Kalispell for the development of Kalispell North Town Center - Phase 1, Lot 5, Block 2. Documents include: DNRC Ownership Update Divided Interest forms associated with each of the three respective water rights being divided; State of Montana DNRC General Abstracts associated with each of the three respective water rights; and Figures for each water right identifying the point of diversion and associated acreage. Water rights: 76LJ 26596-00 KNTC; 76LJ 542-00; 76LJ 57621-00. The Developer is waiting for final determination from the City of Kalispell regarding the transfer Sincerely, CTA—ARCdIITECTS ENGINEERS Your Name cc CTA File - LNG KNTC Final Plat FORD http://,,�n+nw.ctagroup.com E-mail: info@ctagroup.com SUBDIVISION Issued By: 0- Fidelity National Title' Insurance Company Guarantee/Certificate Number: FT1585-170169 FIDELITY NATIONAL TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES Stillwater Corporation, a Montana corporation herein called the Assured, against actual loss 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. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee, if you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Fidelity National Title Insurance Company By: Fidelity National Title Company of Flathead Valley, LLC 1825 US Highway 93 S, Suite A Kalispell, MT 59901 Countersigned By: tg��JL^A� Authorized Officer or Agent tttit µ_ Attest: REAL WE HEREBY CERTIFY that this is a true and exact copy of the original. COMPANY President Secretary Subdivision Guarantee/Certificate Printed: 05.05A7 @ 04:35 PM Page 1 MT-FT-FLAT-01585.350200-SPS-1-17-FT1585-170169 GUARANTEE/CERTIFICATE NO. FIDELITY NATIONAL TITLE INSURANCE COMPANY FT1585-170169 ISSUING OFFICE: Title Officer: Karla Kemm (LC) Fidelity National Title Company of Flathead Valley, LLC 1825 US Highway 93 S, Suite A I k Kalispell, MT 59901 Main Phone: (406)755-7004 Email: Karla.Kemm@fnf.com SCHEDULE A Liability Premium Tax $10,000.00 $150.00 $0.00 Effective Date: May 3, 2017 at 12:00 AM The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: A tract of land located in the south half of Section 19, and the north half of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the northwest corner of said Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the north line of said Section 30, S89°41'25"E 69.82 feet to a point on the east boundary of U.S. Highway 93 right-of-way and the POINT OF BEGINNING; thence continuing along the north line of said Section 30, S89'41"25'E 1237.84 feet to the west sixteenth corner common to said Sections 19 and 30, thence along the sixteenth line, N00"33'31 "W 1320.49 feet to the southwest sixteenth corner of said Section 19: thence along the sixteenth line. S89°46'04"E 629.90 feet thence S00°00'11" W 1312.88 feet: thence S44°59'55"E 7.07 feet, thence EAST 275.88 feet to the beginning of a 1040.00 foot radius curve to the right thence along said curve 223.72 feet through an angle of 12*19'30"; thence S77°40'30"E 144.74 feet to the beginning of a 1360.00 foot radius curve to the left: thence along said curve 621.28 feet through an angle of 26'10'27"; thence N76009'04"E, 150.75 feet, to the beginning of a 1040.00 foot radius curve to the right; thence along said curve 251.33 feet through an angle of 13°50'46"; thence N89°59'50"E 1706.12 feet to a point on the east line of said Section 19; thence along said east line, S00°3731 "E 41,97 feet to the southeast corner of said Section 19; thence along the south line of said Section 19, said south line also being the north line of Tract 1 of Certificate of Survey No. 15221, on file in the office of the Clerk end Recorder, N89°40'28"W 688.05 feet to the northwest corner of said Tract 1; thence along the west line of said Tract 1, S00°12'44"E 41.98 feet; thence S89°59'50"W 1018.94feet to the beginning of a 960.00 foot radius curve to the left; thence along said curve 231.99 feet through an angle of 13°50'46"; thence S76°09'04"W 150.75 feet to the beginning of a 1440.00 foot radius curve to the right: thence along said curve 557.83 feet through an angle of 26'10'27", thence N77°40'30"W. 144.74 feet to the beginning of a 960.00 foot radius curve to the left thence along said curve 206.51 feet through an angle of 12`19'30", thence WEST 265.89 feet. Subdivision Guarantee/Certificate Printed: 05.05.17 @ 04:35 PM Page 2 MT-FT-FLAT-01585.350200-SPS-1-17-FT1585-170169 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE A (continued) GUARANTEEXERTIFICATE NO. FT1585-170169 S45°00'05" 7.07 feet: thence S00°00'11 "W 1235.11 feet: thence WEST 1868.86 feet to a point on the east boundary of U.S. Highway 93 right-of-way: thence along said east boundary through the following five courses: 1) N00°11'1 YE, 164.00 feet: 2) N14°1T23"E, 61.85 feet: 3) N00°11'01"E,940.05 feet. 4) North 13°56'35" West 61.89 feet. 5) North 00'10'44" East 100.60 feet to a point on the north line of said Section 30 and the POINT OF BEGINNING. The above described tract of land is to be known and desginated as Kalispell Northtown Center Subdivision. NOTE: THERE IS A DISCREPENCY IN THE ABOVE SUBDIVISION NAME SHOWN IN THE CERTIFICATE OF DEDICATION AND WHAT IS SHOWN IN THE HEADING OF THE PROPOSED PLAT. Title to said real property is vested in. Stillwater Corporation, a Montana corporation subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Subdivision Guarantee/Certificate Printed 05.05.17 @ 0435 PM Page 3 MT-FT-FLAT-0i585.350200-SPS-1-17-FT1585-170168 GUARANTEE/CERTIFICATE NO. FIDELITY NATIONAL TITLE INSURANCE COMPANY FT1585-170169 SCHEDULE B a, Rights or claims of parties in possession not shown by the Public Records. b. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the Land including, but not limited to, insufficient or impaired access and matters contradictory to any survey plat shown by the Public Records. c. Easements, or claims of easements, not shown by the Public Records. d. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. e. (a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters accepted under (a), (b), (c) are shown by the Public Records. f. Taxes to special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. g. County road rights -of -way, not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21 MCA, including, but not limited to any right of the public to use and occupy those certain roads and trails. h. Mineral rights, claims or title to minerals in or under said land, including but not limited to metals, oil, gas, coal, or other hydrocarbons, sand, gravel, or stone, and geothermal energy rights, and easement or other rights or matters relating thereto, whether express or implied, recorded, or unrecorded. Paragraphs 1, a, b, c, d, and f will not appear as printed exceptions on extended coverage policies, except as to such parts thereof which may be typed as a Special Exception as shown below. SPECIAL EXCEPTIONS: General Taxes for the year 2016 1st Half: $17,834.26, PAID 2nd Half: $17,833.97, PAID Tax ID No.: 75-0974607 Affects: Premises and other property General County Taxes for the year 2017 and subsequent years, which are a lien but not yet due or payable. Any possible additional tax assessments because of construction and/or improvements to the property. Location of Whitefish Stage, a 30' declared county road. Affects: Tr 6A in Section 19 Subdivision GuaranteetCertifcate Printed05.05.17 @ 04:36 PM Page 4 IJT-FT-FLAT-01585.350200-SPS-1-17-FT1585-170168 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE E (continued) Right of way(s) contained in Bill of Sale Recording Date: November 16, 1951 Recording No.: 3301212 Affects: Sections 19 and 30 GUARANTEE/CERTIFICATE NO. FT1586-170169 6. Covenants, conditions and restrictionscontained in Warranty Deed but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: April 5, 1973 Recording No: 550/579 Affects: Tr 1 Bin Section 30 Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained or referred to on Certificate of Survey No. 4491. Reference is hereby made to the survey for more particulars. Affects: Tr 2C and 2D in Section 19 8. Water Line Easement and rights incidental thereto Recording Date: May 4, 1982 Recording No.: 739/334 Affects: Tr 1, 1G, 11, 1D in Section 30 Correction Water Line Easement Recording Date: June 25, 1985 Recording No.: 85-176-12400 Affects: Tr 6A in Section 19 and Tr 1, 1 G, 11, 1 D in Section 19 9. Water Line Easement and rights incidental thereto and terms and provisions contained therein Recording Date: May 4, 1982 Recording No.: 739/339 Affects: Tr 1, 1 G, 11, 1 D in Section 30 Correction Water Line Easement Recording Date: June 25, 1985 Recording No.: 85-176-12410 Affects: Tr 1, 1 G, 11,1 D in Section 30 10. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained or referred to on Certificate of Survey No. 6643. Reference is hereby made to the survey for more particulars. Affects: Tr 1,1 G, 1 D, 11 in Section 30 Guarantee!Certiricate Printed: 05.05.17 � 04�36 PM Paae 5 MT-FT-FLAT-C1585.350200-SPS-1-17-FT1585-170169 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B (continued) 11. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Flathead Electric Cooperative, Inc. Recording Date: June 30, 1983 Recording No.: 775/231 Affects: Tr 1 Bin Section 30 12. Easement(s) and rights incidental thereto as reserved in a document: Reserved by: Orrin R. Streich and Naomi L. Streich Recording Date: December 7, 1983 Recording No.: 792/325 AND Recording Date: May 19, 1987 Recording No.: 87-139-16390 Affects: Tr 11 in Section 30 GUARANTEE/CERTIFICATE NO, FT1685-170169 13. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained or referred to on Certificate of Survey No. 7930. Reference is hereby made to the survey for more particulars. Affects: Tr 1 Din Section 30 14. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Regional Enterprises, Inc. Recording Date: January 21, 1985 Recording No.: 85-021-10130 Affects: Tr 2C, 2D in Section 19 15. Covenants, conditions and restrictions contained in Deed but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: January 21, 1985 Recording No: 85-021-10150 Affects: Tr 2C, 2D in Section 19 16. Easement(s) and rights incidental thereto as set forth in a document. - In favor of: Northwestern Telephone Systems, Inc. Recording Date: April 4, 1985 Recording No.: 85-094-13000 Attects: Tr 11 in Section 30 Guarantee/Certificate Printed. 05.05.17 @ 04:36 PM Page 6 MT-FT-FLAT-01585.350200-SPS-1-17-FT1585-170168 GUARANTEE/CERTIFICATE NO. FIDELITY NATIONAL TITLE INSURANCE COMPANY FT1685-170169 SCHEDULE B (continued) 17. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Flathead Electric Cooperative, Inc. Recording Date: April 29, 1985 Recording No.: 85-119-08030 Affects: Tr 11 in Section 30 18. Water Line Easementand rights incidental thereto and terms and provisions contained theein Recording Date: June 25, 1985 Recording No.: 85-176-12420 Affects: Tr 1, 1 G,1 I, 1 D in Section 30 19. Water Line Easement and rights incidental thereto and terms and provisions contained therein Recording Date: August 8, 1985 Recording No.: 85-220-08410 Affects: Tr 6A in Section 19 and Tr 1,1G,11, 1D in Section 30 20. Recitals, notes, sanitary restrictions, ordinances, resolutions, easernents, dedications and covenants as contained or referred to on Certificate of Survey No. 8886. Reference is hereby made to the survey for more particulars. Affects: Tr 6A in Section 19 21. Easement(s) and rights incidental thereto as set forth in a document: In favor of: The Montana Power Company Recording Date: November 1, 1989 Recording No.: 89-305-11300 Affects: Tr 6A in Section 19 and Tr 11,1 D in Section 30 22. Easement(s) and rights incidental thereto as set forth in a document. - In favor of: The Montana Power Company Recording Date: November 1, 1989 Recording No.: 89-305-11310 Affects: Tr 2C, 2D in Section 19 23. Easement(s) and rights incidental thereto as set forth in a document: In favor of: LHC, Incorporated Recording Date: November 21, 1989 Recording No.: 89-325-15560 Affects: Tr 2Din Section 19 and Tr 1 I; 1 D in Section 30 Subdivision Guarantee/Certificate Pnnted: 05.05.17 @ 04:33 P61 Page 7 MT-FT-FLAT-01585.350200-SPS-1-17-FT1585-170169 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B (continued) 24. Resolution No. 789A Recording Date: July 10, 1990 Recording No.: 90-191-14270 25, Resolution No. 790A Recording Date: July 10, 1990 Recording No.: 90-191-14280 26. Resolution No. 837A Recording Date: April 27, 1992 Recording No.: 92-118-12020 GUARANTEE/CERTIFICATE NO. FT1585-170169 27. Terms and provision contained in Bargain and Sale Deed Recording Date: November 16, 1995 Recording No.: 95-320-08580 Affects: Tr 1 Bin Section 30 28. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained or referred to on Certificate of Survey No. 14606. Reference is hereby made to the survey for more particulars. Affects: Tr 11 in Section 30 29. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Flathead Power Co. Recording Date: February 28, 2002 Recording No.: 2002-059-08510 Affects: SE4 of Section 19 30. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Flathead Power Co. Recording Date: March 13, 2002 Recording No.: 2002-072-09510 Affects: Tr 11 in Section 30 31. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Flathead Power Co. Recording Date: April 8, 2002 Recording No.: 2002-098-09340 Affects: E2SW4 Section 19 Subdivision Guarantee/Cerificate Printed: 05.05.17 @ 04:36 PM Page 8 MT-FT-FLAT-01585.350200-SPS-1-17-FT1585-170169 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B (continued) 32, Easement(s) and rights incidental thereto as set forth in a document: In favor of: Flathead Power Co. Recording Date: August 14, 2002 Recording No.: 2002-226-08290 Affects: NW4 of Section 30 33. Resolution No. 5129B Recording Date: August 11, 2006 Recording No.: 2006-223-08320 34. Resolution No. 5257 Recording Date: February 20, 2008 Recording No.: 200800004401 35. Petition to Annex and Notice of Withdrawal from Rural Fire District Recording Date: February 20, 2008 Recording No.: 200800004402 36. Ordinance No. 1630 Recording Date: April 10, 2009 Recording No.: 200900009939 GUARANTEE/CERTIFICATE NO. FT1585-170169 37. A right of first refusal to purchase said Land with certain terms, covenants, conditions and provisions as set forth in the document Executed by: Wolford Management, LLC and Score Management, LLC Disclosed by: First Right of Refusal to Match Offer to Purchase or to Land Lease Recording Date: December 23, 2011 Recording No: 201100026800 38. Ordinance No. 1747 Recording Date: November 13, 2014 Recording No.: 201400023277 39. Ordinance No. 1780 Recording Date: December 8, 2016 Recording No.: 201600027318 40. Recitals, notes, dedications, easements, certificates and covenants as contained on the plat of proposed plat of Kalispell Northtown Center Subdivision.. Reference is hereby made to the plat for more particulars. Subdivision Guarantee/Certificate Printed: 05.05.17 @ 04 36 PM Page 9 MT-FT-FLAT-01585.350200-SPS-1-17-FT1585-170169 GUARANTEEMERTIFICATE NO. FIDELITY NATIONAL TITLE INSURANCE COMPANY FT1685-170169 SCHEDULE B (continued) 41. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 42. The land described in the commitment/policy shall not be deemed to include any home trailer or mobile home located on the property. 43. Exceptions and reservations contained in Patents of record. 44. We find the described property herein is located in the Kalispell Fire District. END OF SCHEDULE B Subdivision Guarantee/Certificate Printed 05.05.17 @ 04:M PM Page 10 MT-cT-FLAT-01585.350200-SPS-1-17-FT1585-170189 SUBDIVISION BOND KNOW ALL MEN BY THESE PRESENTS, that we Stillwater Corp PO Box 7328, Kalispell, MT 59904 as Principal, and Liberty Mutual Insurance Company authorized to do business in the State of Montana Kalispell, 201 First Avenue East, Kalispell, MT 59901 Bond No, 023039164 , as Surety, are held and firmly bound unto City of as Obligee, in the penal sum of Five Million One Hundred Eighty-eight Thousand Sixty-three Dollars And Forty Cents $5,188,063.40 ) DOLLARS, lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Stillwater Corp has agreed to construct in Flathead County, Kalispell, Montana, The Kalispell North Town Center the following improvements: Sitework to include topsoil stripping, excavation, subgrades for roads, sidewalks & lots. Site Utilities to include sewer storm drain, hydrants, and manholes. Site improvements to include curb, gutter sidewalk, roadway paving, chip seal, striping & traffic signal as per the budget proposal NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that it the said Principal shall construct, or have constructed, the improvements herein described and shall save the Obligee harmless from any loss, cost or damage by reason of its failure to complete said work, then this obligation shall be null and void; otherwise to remain in full force and effect. Signed, sealed and dated this 1 5th Countersigned by Hub International Mountain States Limited Rene C. LoVeaux LMS-13689 02198 day of May 2017 Stillwater Corp Principal Liberty Mutual Insurance Company By: Rrt C. Pfennigs, Attorney-in-ract THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated, Certificate No. 7606716 N C M t3f Ca d q Q1 � d � 0 do C~ wLa G7 ++ N i c E 4- i m � L Z Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duty organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Billy J. Bolt; Brady Leaf; Brooke A. Garness; Chris Jermunson; Gary D. Bowers; Jamie M, Roe; Janece L. Wilhelm; John D. Leaf; Kaye U. Muzzana; Kimberly Hodson; Kristin A. Piccioni; Lynn St Pierre; Marsha Hattel; Michael E. Depner; Michelle Schermerhorn; Robert C. Pfennigs all of the city of Great Falls , state of MT each individually if there be more than one named, its true and lawful atlorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 26th day of January , 2017 VON INS(J tNStJq N%NSUq p' 19ta ,n� ¢ 1912y d 1991 a. w tN.tnSv'y ��'dD ��j hJtni n.)Sr{` �' � +Nan�aP •c. STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: Z& David M. Care , Assistant Secretary On this 26th day of January , 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. e 4 COMMONWEALTH OF PENNSYLVANtA 'wr Q N eq f� { Notarial Neal y-_ Z ^ '' f r� r Teresa Pastel{a, Notary Public BY: y LG of Upper Me, iun Twp., Munigumey Cuwtty Teresa Pastelta, Notary Public My Commission Expires March 28. 2017 Member. Pennsylvania Association or Notaries �TgFry W� This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS — Section 12. Power ofAttorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, rocognizances and other surety obligations. Such attorneys in fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary, Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE Xlil — Execution of Contracts — SECTION 5, Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. ` Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations - Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C, Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 15 day of H&I 20 . L-{Y INS& it.4Uf{4 A,;, WN ,U;`,9 �"9y jJ� �r<`r,>xp;�,�^�r� `� ao;�2ataz�n'.� C' �+'' tJICiLI..�."'►. n t9t4 r. 1917 1991 T By: Renee C. Uew sistant Secretary 463 of 500 LMS 12873 082016 BOND NO. 023039164 RIDER To be attached to and form a part of Bond No. 023039164 executed by Stillwater as Principal and by Liberty Mutual Insurance Company . as Surety, in favor of City of Kalispell and effective as of 5/15/2017 In consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing X The Bond Amount FROM: Five Million One Hundred Eighty Eight Thousand Sixty Three and 40/100 dollars ($5,188,063.40) TO. One Million Six Hundred Forty Thousand Two Hundred Thirty Five and 95/100 dollars ($1,640,235.95) Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective on the 15th day of May — , 2017 Signed and sealed this 5th day of July 1 2017 Accepted., M Stillwater Cor Principal By' Liberty Mutual Insurance Company Surety Robert C. Pfennigs, Attorney -In -Fact THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7606718 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Billy J. Bolt; Brady Leaf' Brooke A Garness; Chris Jermunson• Gary D. Bowers; Jamie M. Roe; Janece L. Wilhelm; John D. Leaf; Kaye U. Muzzana; Kimberly Hodson; Kristin A Piccioni• Lynn St Pierre; Marsha Hatter Michael E. Depner; Michelle Schermerhorn; Robert C. Pfennigs all of the city of Great Falls state of MT each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 26th day of January 2017 I' INS INsup��r p 1919 0 } 1912 1991 c tit � 1•� p. � STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: David M. Care , Assistant secretary On this 26th day of January 2017 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. ' �p, RASr COMMONWEALTH OF PENNSYLVANEA �t7. o�MONW Eql{' Notarial Seal --- tf ti � y yr Teresa Pastella, Notary Public By; oP Upper Merlon Twp., Montgomery County Teresa Pastella, Notary Public '°� My Commission Expires March 28. 2017 Member, Pennsylvania Association or Notaries AFry p� This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE tV - OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fart, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE Xiti - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman of the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed_ I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this -T day of _ �-tY 114s(fJy Si;SUrgrsu ?,, rcA,�r�-�- �� By: 9�9 n t917 ? 1991 z Renee C. Llew ssistant Secretary w ri 465 of 500 LMS_12873_082016 Exhibit JJ A City of Kalispell Public Works Department Attn: Mr. Keith Haskino, PE 201 1wAvenue East Kalispell, K8T5Q9D1 City Project #17-Q303 RE: Kalispell North Town Center (KNTC)FORD Final Plat — Engineer's Opinion ofProbable Cost Dear Mr. Haskins, Included with this letter isthe "Eng|neer'eOpinion ofProbable Cost" for Lot 1. Block 1 (FORD Property) of KNTC,Amajority nftheonitpriceswenapnmvidedhousbyLHC.Theprovidodunitphoeedidnompere fairly well against some other bid tabs that we have for some comparable infrastructure projects. Please let usknow, (fyou require any additional information. Sincnrely, CTAARCHITECTS ENGINEERS RonImackson. PE = m*c_knx6doCSeteuma.2 ciwll.enomoemeslimutexumfinal'lat�2u1um�x hftp/xwwwrtaomopoom s*mU:mfo@ctagmvp.cum Bate: July 3, 2017 r { Subject: Exhibit B - Engineer's Opinion of Probable Cost Project Name: Kalispell North Town Center - FORD PROPERTY (Lot 1, Block 1) Prepared For: City of Kalispell, Attn: Keith Haskins r} Prepared By: Ron Isackson, CTA Architect Engineers ITEM EST. UNIT TOTAL QTY. UNIT DESCRIPTION $ $ 100 1 LS MOBILIZATION/DEMOBILIZATION $ 27,611.57 / LS = $ 8,000.00 101 1 LS CONSTRUCTION WATER $ 11,541,55 / LS = $ 3,000.00 102 1 LS TAXES, BONDS, INSURANCE (4.5%) $ 187,094.00 / LS = $ 56,000.00 103 1 LS SWPPP $ 7,369.38 / LS = $ - 104 1 LS EROSION CONTROL $ 21,002.00 / LS = $ 4,000.00 105 1 LS TRAFFIC CONTROL $ 2,509.03 / LS = $ 1,200.00 106 107 500 SF SAWCUT/REMOVE ASPHALT $ 0.19 / SF = $ 95.00 108 95 LF REMOVE EXISTING CULVERTS - MDT $ 4.07 / LF = $ 386.65 ROW 109 360 LF REMOVE/REPLACE FENCE (MDT $ 20,00 / LF = $ 7,200.00 Properly Line) 110 0 EA REMOVE EXISTING 14-INCH 45DEG $ 50.00 / EA = $ - BEND (HWY 93) 111 0 EA REMOVE EXISTING 8-INCH 90DEG $ 50.00 / EA = $ - BEND (ARMORY) 112 113 0 CY TOPSOIL STRIP, STOCKPILE, & $ 2.44 / CY = $ - RFSPREAD 114 0 SF DIRT SUBGRADES - ROADS & $ 0.06 / SF = $ - SIDEWALKS 15 0 SF DIRTSUBGRADES - LOTS $ 0.03 / SF = $ - ,16 1 LS SEEDING $ 15,000.00 / LS = $ 15,000.00 117 118 0 EA CONNECT TO EXISTING 8-INCH $ 2,000.00 / EA = $ - WATER MAIN 119 0 EA CONNECT TO EXISTING 14-INCH $ 14,525.00 / EA = $ - WATER MAIN 120 121 0 EA 2-INCH SERVICE CONNECTIONS $ 700.00 / EA = $ - (DOMESTIC) 122 0 EA 2-INCH SERVICE CONNECTIONS $ 700.00 / EA = $ - (IRRIGATION) 123 0 EA CURB STOP $ 500.00 / EA = $ 124 0 EA METER BOX $ 800.00 / EA = $ - 125 0 EA 6-INCH GATE VALVE (FIRE SERVICES) $ 1,200.00 / EA = $ - 126 0 EA 8-INCH GATE VALVE $ 1,479.40 / EA = $ - 127 0 EA 14-INCH BUTTERFLY VALVE $ 4,000.00 / EA = $ - 128 0 EA 18-INCH BUTTERFLY VALVE $ 4,566.56 / EA = $ 129 130 0 EA 14x14xl4-INCH TEE $ 2,700.00 / EA = $ - 131 0 EA 18xl8x8-INCH TEE $ 3,092.09 / EA = $ - 132 0 EA 18xl8xl8-INCH TEE $ 3,092.09 / EA = $ - 133 0 EA 8x8x8-INCH TEE $ 492.60 / EA = $ - 134 0 EA 18x8-INCH CROSS $ 3,092.09 / EA = $ - 135 0 EA 18x13-INCH CROSS $ 3,092.09 / EA = $ - 36 0 EA 18x6-INCH TEE'. (FH`s) $ 3,092.09 / EA = $ - 137 0 EA 8x6-INCH TEE (FH's) $ 492.60 1 EA = $ - 138 0 EA 18x6-INCH TEE (FIRE SERVICES) $ 3,092.09 / EA = $ - 139 0 EA 8x6-INCH TEE (FIRE SERVICES) $ 492.60 / EA = $ - Page 1 of 4 140 141 0 EA 18x14-INCH REDUCER $ 3,092.09 / EA = - 142 0 EA 18x8-INCH REDUCER $ 3,092.09 / EA = $ - 143 14 0 EA FH ASSEMBLIES . 6.5' BURY. (9' 6-INCH $ 5,000.00 / EA = $ LEAD, VALVE, HYDRANT) 145 146 0 LF 2-INCH PE (DOMESTIC SERVICES) $ 20.00 / LF = $ - 147 0 LF 2-INCH PE (IRRIGATION SERVICES) $ 20.00 / LF = $ - 148 0 LF 6-INCH C900 PVC WATER MAIN (FIRE $ 35.00 / LF = $ - SERVICES) 149 0 LF 8-INCH C900 PVC WATER MAIM $ 38.47 / LF = $ - 150 0 LF 14-INCH C905 PVC WATER MAID $ 70.00 / LF = $ - 151 0 LF 18-INCH 0905 PVC WATER MAIN $ 77.44 / LF = $ - 152 153 0 EA 8-INCH 11.25DEG HORIZONTAL BEND $ 49160 / EA = $ - 154 0 EA 8-INCH 455DEG VERTICAL BEND $ 492.60 / EA = $ - 155 0 EA 18-INCH 45DEG VERTICAL BENCH $ 3,092.09 / EA = $ - 156 0 EA 18-INCH 90DEG HORIZONTAL BENCH $ 3,092.09 / EA = $ - 157 $ 158 6 EA FH STORZ ADAPTORS $ 380,00 / EA = $ 2,280.00 159 17 EA VALVE COLLARS 500.00 / EA = $ 8,500.00 160 17 EA ADJUST VALVE BOXES $ 250.00 / EA = $ 4,250.00 161 $ - 162 0 EA BOLLARDS - HYDRANT PROTECTION $ 800.00 / EA = $ - 163 2 EA WATER MARKER POST $ 300.00 / EA = $ 600.00 34 0 LF FLOWABLE FILL BACFILL - WATER $ 80.00 I LF = $ - LINE INSTALL 165 0 EA UNDERGROUND EXISTING UTILITY $ 500.00 / EA = $ - CROSSING S - WATER LINE INSTALL 166 167 1 EA CONNECT 18-INCH SANITARY SEWER $ 2,324.96 / EA = $ 2,324.96 TO EXISTING MANHOLE, INCLUDES MODIFICATIONS 168 0 EA CONNECT 8-INCH SANITARY SEWER $ 2,000.00 / EA = $ - TO EXISTING MANHOLE, INCLUDES MODIFICATIONS 169 170 51 LF 6-INCH SDR35 PVC (SANITARY $ 40.00 / LF = $ 2,040.00 SEWER SERVICES) 171 0 LF 8-INCH SDR35 PVC $ 50.98 / LF = $ 172 1151 LF 18-INCH SDR36 PVC $ 77,22 / LF = $ 88,880.22 173 174 1 EA 18x6-INCH WYE $ 500.00 / EA = $ 500.00 175 0 EA 8x6-INCH WYE $ 300.00 / EA = $ - 176 $ - 177 4 EA 48-INCH IMAM. SANITARY SEWER 2,500.00 / EA = $ 10,000.00 MANHOLE 178 16 VLF EXTRA 48-INCH DIAM. SANITARY $ 100,00 / VLF = $ 1,600.00 SEWER MANHOLE DEPTH 179 10 1 EA UNDERGROUND EXISTING UTILITY $ 500.00 / EA = $ 500.00 CROSSINGS - SANITARY SEWER LINE INSTALL 181 Page 2 of 4 182 18 LF 6-INCH PVC (POND CONTROL $ 40.00 / LF = $ 720.00 STRUCTURE PIPE) 183 395 LF 16-INCH ADS N12 (STORM MAIN) $ 37,56 1 LF = $ 14,836.20 184 2006 LF 18-INCH ADS N12 (STORM MAIN) $ 47.64 / LF = $ 95,565.84 135 1735 LF 24-INCH ADS N12 (STORM MAIN) 1$ 49.35 / LF = $ 86,62226 186 2034 LF 30-INCH ADS N12 (STORM MAIN) $ 95.24 1 LF = $ 193,718.16 187 178 LF 36-INCH ADS N12 (STORM MAIN) $ 9513 / LF = $ 16,933.14 188 189 171 LF 18-INCH RCP (MOT ROW) $ 40,00 / LF = $ 6,840.00 190 2 EA 18-INCH RCP FES (MDT ROW) $ 1,000.00 1 EA = $ 2,000,00 191 1 EA 48-INCH DIAM, STORM MANHOLE $ 1,814.80 / EA = $ 1,814.80 192 193 83 LF 12-INCH ADS N12 (INLET $ 5141 / LF = $ 4,433.03 LATERALS/SERVICES) 194 88 LF 15-INCH ADS N12 (INLET $ 37.56 / LF = $ 3,305.28 LATERALS/SERVICES) 195 32 LF 18-INCH ADS N12 (INLET $ 47,64 / LF = $ 1,524.48 LATERALS/SERVICES) 196 197 0 EA 18-INCH FLARED END SECTION (N12) $ 800.00 / EA = $ - 198 1 EA 24-INCH FLARED END SECTION (N12) $ 1,500.00 / EA = $ 1,500.00 199 0 EA 36-INCH FLARED END SECTION (N12) $ 2,000.00 / EA = $ - 200 201 5 EA 30-INCH DIAM. CATCH BASIN CURB $ 1,664.01 / EA = $ 8,320.05 INLET 202 1 EA 36-INCH DIAM CATCH BASIN CURB $ 2,286.55 / EA = $ 2,286.55 INLET 33 6 EA CONCRETE INLET APRON $ 216.78 EA $ 1,294.68 204 205 26 EA 48-INCH DIAM. STORM SEWER $ 2,947.82 1 EA = $ 76,643.32 MANHOLE 206 6 EA 60-INCH DIAM, STORM SEWER $ 4,317,26 / EA = $ 25,90156 MANHOLE 207 7 EA 72-INCH DIAM. STORM SEWER $ 6,244.61 / EA = $ 43,712.27 MANHOLE 208 1 EA 48-INCH DIAM. POND CONTROL $ 2,46036 / EA = $ 2,460.76 STRUCTURE 209 210 261 CY CLASS-1 D50 RIP -RAP (1.5" AVG, $ 48,43 1 CY = $ 12,64023 DEPTH) 211 4700 SF FABRIC - MIRAFI 140 N (RIP -RAP) $ 0.11 / SF = $ 517 00 212 19,020 SF 12' WIDE GRAVEL ACCESS ROAD - $ 0.93 / SF = $ 17,688.60 POND 213 2032 LF 6' HIGH - CHAIN LINK FENCE $ 20,00 / LF = $ 40,640.00 214 215 1 LS DRY UTILITIES $ 190,686.47 / LS = $ 190,686A7 216 217 2364 LF CURB AND GUTTER $ 14.40 / LF = $ 34,041 .60 218 675 SF CONCRETE DRIVEWAY (MDT) $ 7.00 1 SF = $ 4,725.00 219 0 LF MEDIAN CURB $ 18.00 1 LF = $ - 220 0 SF MEDIAN CONCRETE CAP $ 6.00 / SF = $ - 221 1 EA CONCRETE FLUME $ 1,505.42 / EA = $ 1,505.42 222 11820 SF SIDEWALK $ 3.84 1 SF = $ 45,388,80 23 2 EA HANDICAP RAMPS $ 7.61 / EA = $ 15.22 224 2 EA DOME TILES $ 185.67 / EA = $ 37134 225 0 SF VALLEY GUTTER $ 6.98 / SF = $ - 226 53264 SF GEOFABRIC $ 0.09 / SF = $ 4,793.76 Page 3 of 4 227 U SF g-INCHnf1.5PCRUSHED SELECT SUB- $ 0.58 / SF = $ - BASE COURSE 228 53204 SF 15'|NCHof1.S^CRUSHED SELECT % 0.93 / 3F = * 49.536.52 8UB'BASECOURBE `29 53264 SF 6'|NCHof3/4"CRUSHED BASE $ 0.44 / 8F = $ 23.438.16 COURSE 230 63264 SF 4-INCH ASPHALT $ t22 / SF = $ 70.30848 231 4 EA S|GNA8E $ 275.99 / EA = $ 1.10186 232 1 LG STRIPING $ 8.008.00 / LS = * 9.080.80 233 0 SF TEMPORARYCUL- FEES= $ ' TOTAL COLLATERAL (BASE COST & FEES °12S%)= $ 1,840,235.85 Page 4 of 4 DE Q,41.- Montana Department of Environmental Quality May 12, 2017 Ron Isackson CTA Inc 411 E main Street Suite 101 Bozeman MT 59715 Dear Sirs; RE: Kalispell North Town Center Phase 1 Municipal Facilities Exclusion EQ# 17-1664 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(2)(d), MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 76-4-131. Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Sincerely, Leata English Subdivision Section (406) 444-4224 email lengl ishRcmt. g. ov cc: City Engineer County Sanitarian Owner file Steve Bullock, Governor I Tom Livers, Director I P.O. Box 200901 1 Helena, PAT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov D E Q.Aaftft', Montana Department of Environmental Quality February 09, 2017 LHC INC PO BOX 7338 KALISPELL MT 59904 RE:Confirmotion Letter Notice of intent (NOI) Number MTR106764, KALISPELL NORTH TOWN CENTER PHASE 1 Dear JEFF CLARIDGE: The Department of Environmental Quality (DEQ) is acknowledging receipt on 2/9/2017 of your complete Notice of Intent (NOI) for permit coverage under the January 1, 2013, General Permit for Storm Water Discharges Associated with Construction Activity (General Permit). For administrative purposes, you have been assigned permit number MTR106764. Please include this permit number on any future correspondence with DEQ regarding this site. This letter acknowledges receipt of the complete NOI and does not provide a DEQ determination of the validity of the information you provided. Your eligibility for coverage under the General Permit is based on the validity of the certification you provided. Your signature on the NOI certifies that you have read, understood, and are implementing all of the app►icable requirements. The General Permit requires you to implement the Storm Water Pollution Prevention Plan (SWPPP) and defines inspection and record keeping requirements. Records defined in Part 2.5 are required to be maintained on -site wit 2 designated SWPPP Administrator. An electronic copy of the Permit and additional guidance materials can be viewed and downloaded at http://deq.mt.gov/wginfo/mpdes/stormwaterconstruction.mcpx. Coverage under the General Permit remains effective until you submit a complete Notice of Termination (NOT). Your signature on the NOT certifies that you have achieved final stabilization, removed your temporary Best Management Practices, and have paid all applicable fees. Failure to submit a complete NOT will result in the assessment of additional annual permit fees, which must be paid by the owner or operator. Coverage under this General Permit does not waive your obligation to obtain coverage under other applicable permits. If you have any questions regarding the requirements of the General Permit, please feel free to contact the Water Protection Bureau at (406) 444-3080, Sincerely, Deanna Tarum Data Control Technician Steve Bullock, Governor I Tom Livers, Director I P.C. Box 200901 1 Helena, MT 59620_0ciol 1 (406) 444-2544 1 www deq.mt.gov May 5th, 2017 CERTIFICATE OF COUNTY TREASURER: I hereby certify, pursuant to Section 76-3-611(1)(b), M.C.A., that no real property taxes and special assessments assessed and levied on the land described below and encompassed by the proposed Kalispell North Town Center — Phase 1 Subdivision are delinquent: See Exhibit "A" for Legal Description Dated this day of 2017. Signature of County Treasurer Flathead County, Montana May 11, 2017 Mr. Ron Isackson, PE CTA Architects Engineers 411 East Main Suite 101 Bozeman, MT 59715 RE: Kalispell North Town Center Dear Mr. Isackson, The revised construction drawings, Design Report, and other included submittals dated May 8, 2017 for the above project are hereby approved contingent on the following items: 1. Deviation Request 1 (Section 4.10.1-1.1 and II — Maintenance Access Requirements) is approved allowing the access road to the Development pond to be temporary, and aggregate surfaced. 2. Deviation Request 2 (Section 4.2.2D.V.b — Basic Requirement No. 4 — Flow Control) is approved allowing the elimination of overflow spillway from the infiltration facilities along US 93. 3. Deviation Request 3 (Section 4.6.3B.IV.a.v — Infiltration Basins) is approved allowing the encroachment within the 20 foot setback from property lines requirement of the infiltration facilities along US 93. 4. Deviation Request 4 (Section 4.8.5D.Vlll.a — Minimum Requirements) is approved allowing the invert junctions of storm manholes at Sta. 41+91.63 and 43+50 to be have less than 0.1 feet between the lowest inlet and outlet invert elevations. 5. Sheet C102/203.5 — City would prefer to have Delineators for the median ends placed at the top of the slope for the mountable medians. Please coordinate with MDT for this modification. 6. Sheet C203.5 - City would prefer to have the ramps removed for the pedestrian crossing through the pork chop median. The crossing should be at roadway grade with truncated domes as proposed. Please coordinate this modification with MDT. 7. Sheet C108 — Please remove move the proposed stop signs at northwest and southeast corner of the Jefferson Boulevard/Cascade Loop intersection and place a stop sign at the southwest corner of the intersection, making Cascade Loop the stopped condition. Jefferson Boulevard should have the right-of-way through this intersection. Page 2 of 2 Please provide the City with a hardcopy set of the plans when these contingent modifications have been made. Approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the City Standards currently in effect. If more than 18 months lapse before completing construction, plans and specifications must be resubmitted and approved before construction continues. Any modifications made to these approved plans shall be submitted for review prior to construction. Please contact Mark Crowley at (406)249-2485 to set up a pre -construction meeting prior to beginning construction. At project completion, please provide the City with hard copy and electronic record drawings. We look forward to working with you on this project. Sincerely, Tom Tabler, PE Senior Civil Engineer cc: Keith Haskins, City Engineer Mark Crowley, Construction Manager Emily Gillespie, MT DEQ Page 2 of 2 Works Department 201 P Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406)758-7720 — Fax (406)758-7831 wwn kalispell.corn July 28, 2017 Jeff Claridge Stillwater Corporation PO Box 7338 Kalispell, MT 59904 RE: Kalispell North Town Center — Subdivision Plat Phase 1 Easements Dear Mr. Claridge: The Subdivision Plat of Kalispell North Town Center - Phase 1 received July 5, 2017 has been reviewed to confirm proper easements for City of Kalispell utilities are shown on the Subdivision Plat titled, "KALISPELL NORTH TOWN CENTER - PHASE 1". This approval of easements shown on the Subdivision Plat is only for Phase 1 and only for utilities to be completed in this phase. Construction of the utilities is not yet complete. Therefore, any changes to approved plans requiring modification to easement locations as shown on the plat nullifies this approval and may require modification to the plat. Sincer`ellyy,, ___ zf Tom Tabler, PE Senior Civil Engineer KALISPELL FIRE DEPARTMENT Dave Dedman — Fire Chief PO Box 1997 Jon Campbell — Assistant Fire Chief 312 First Avenue East Cec Lee —Executive Secretary Kalispell, Montana 59901 Pbone: (406) 758-7760 FAX: (406) 758-7777 Friday, May 12,2017 Stephanie Ray Project Coordinator CTA Architects 121 S. Main St Livingston, MT 59047 Re: North Town Center final plat SEMEM After reviewing the information gathered for the North Town Center project I find that all conditions found under subsection 22 have been met or are acceptable. These conditions are: 22, The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the fire Department: a. Water mains designed to provide minimum fire flows shall be installed per city specifications at approved locations. Minimum fire flows shall be in accordance with the International Fire Code. b. Fire hydrants shall be provided per city specifications at locations approved by this department, prior to combustible construction. c. Fire department access shall be provided in accordance with International Fire Code. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with the City of Kalispell ordinance 10-8. e. Street naming shall be approved be the fire department. If you have any questions please feel free to contact me, Sincerely, 4)1dve Delman, Fire Chief City of Kalispell "Protecting our cor►rarurnity with the highest level vfprofessionalism. ", Parks and Recreation Dept May 22, 2017 CTA Group Attn. Dayton Rush 13 N 23rd St Billings, NIT 59101 Phone: (406) 248-7455 Re- Kalispell North Town Center Landscape Plan Balmrs-6-TIN M11 M01VTAJVA This letter is to serve as approval on the proposed landscaping plans for Kalispell North Town Center per the plans submitted by your office on 5/17/2017. It is agreed that if the project is extended, the developer will be responsible for submitting bonding for the remaining improvements as specified on the submitted plan for the Kalispell North Town Center. The bond may not be longer than a period of 12 months. Tree plantings are required to meet the Street Tree Ordinance standards of 2 1/4" caliper and have a 4 foot fibrous mulch around them in addition to meeting ISA planting standards. Any landscape revisions or substitutions need to be authorized prior to installation. You will need to coordinate with MDT and Public Works for any permits/approvals of working in the right of ways prior to working in the right of way. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings, at which time any bonding that has been submitted will be released. It should be noted that the trees and landscaping are under a warranty period and should they die within this time frame, the developer will be responsible for replacement. If you have any concerns or questions please give me a call. C� Sincerely, Chad Fincher, Parks and Recreation Director Kalispell Parks and Recreation 306 I`Avenue Fast, P.O. Box 199' Kalispell, MT 59903—Phone (406)758-7-118— Far (406)758-7719 Immkolispell.co"I Montano Department of Transportation PO Box 201001 Helena. MT59620-1001 Memorandum Tex Derinis Olivcr, V-ilispell Area Maintenance Superinulbdent rit From: Jim Skinner, Chief Policy', Program and Performance Analysis Bureau bail, Transit and Planning Division Date: August 1, 2017 Subject- NaL-V-dl v%, n C e -Northlown Ce T (KNTC�j Ul: 91.1ntcgjWAppjf)a* ftyiew Rcqurs j!S- 93, NIP 117 (65.71.894.01 Dcrit-iis, per *MDT's process I have enclosed the interim approach pert -nit request for access to US 93 at mile post 117 for the Ford Dealership in the KNTC development. The System!, Impact Rcvicw Process has been completed. I -am sending these permits to you to complete the permit process. Please note the following guidance, permit conditions, and comments regarding the permit-. 1. The response to Question 8 was changed "Yes" due to noise and air quality impacts to cornplew the project, however impacts are anticipated to be of short duration and result in no lasting impact. 2. The response to Questi(rn 9 is correctly marked "Yes" to indicate That this project is within the City of Kalispell INIS-1. The applicant should be directed to cuntact the City of Kalispell, public Works Director, 201 1-;, Ave East, Kalispell NIT 59901, phone 406 758-7 720 Prior to construction to determine if additional storm treater management requirements are applicable. 1. Please inform the applicant that the rcfv.rence to Appendix N as a response to Ques .0 —tion 9 is 1ncr)rrcCt.Tbc requirement for 1 S\X`PPV' is nor an indicator of whether or not a prvicct is within and 1IS4 area. I Jere iti -,I link to NIS4 OtOrin \\,at(-l- reap-i In the 4. AIIIIOUgh the 1`0511'1011SC to Qlicztion 13 regarding sage grouse is marked cor-ccJv. the rt-f('r('IICC to Appendix Q 11.15 nothing to dr-) with sage grouie. flit map It,, AppelidiN 0 .1pilearS LU be the: Kalispell NI.S4 map. of thc twerlin apprcrach to R(,%c grossing at US Q3 iz, 'Inlitec. to rhc Ff,rd Dv-.ilcrship anti (-,in-,itruction traffic, MITT Nvill not ;Jh,-v-c cnr�;rz-LICUOII of Rc,,c ge Roact right t)fwav until Such IW.-Ir the dcvclolm cl \M] revic-,k pm)ccss for Cic perillit tc, \Vhlltefish slagm Rn;ld- 6. The standard MIDI' approach permv COlIdITIOMS, In the attached mu:;t accompany the permits when issued per the District' & process, where applicable. If you have any quesucins or need additional information please contact Mike Fierney of m\ staff at 444-9416. Jun Skinner Attachments: Standard NIDT Approach Coudinoris Copies: F , dl'oays, P.E., Missoula District AdinirtistraLor Justinjuelfs, Kalispell Area Mainren-ance Chief James Freyholtv, II.E., Kalispell :area Maintenance Chief Nlike'Fierney, Planner- Policy, Program and Performance Analysis Bureau Standard I'VIDT Approach Permit Conditions • Approval is contingent upon the applicant complying with all applicable environmental lairs_ Thr. applicant is solell responsible for any environmental impacts incurred as a result of this project and is solt:ly responsible for obtaining and- necessary en.-ironmental per nits, nvtificaucxis, anti/or any tither neccssary euvirontnental clearances. • If any aquatic resources such as streams, wetlands, canals, irrigation ditches, sprints, etc. \gill be impacted as a result of this projecr, the appropriate water duality permits ivc>ill need to be obtained From state, federal and/or local agencies, • The ;applicant must obtain approvals from downstream landowners if their proposed action. - impact downstream properties (easements, etc.) and provide docutnetitation of appropriate coordination with affected landowners. • Any damage alone to NIDT facilities or adjacent, landowners as a result of the applicant's design or construction is the sole responsibility of the applicant :ind %MD'I',_rill not be liable for damages. • The: permit, along a itli all conditions and restrictions, trill be transferred to any subsequent parties. It is the responsibility of the applicant or their successor to norify RID-l' cif any ownership clLingcs within two \vccks of the change. • If any deviation(s) from the NIDT-approved plans is determmed nvccssary at the time of construction due to unforeseen obstacles, the deviation(s) must be approved by MDT in writing before installation begins. a Any work pvrforrned before and appro-val that requires permitting is subject to retnoval by the applicant at their sots expense it MD"I' design standards and/or guidelines are not met. • The applicant will submit a traffic control plait to the District office for approval betute entering NOT right of way for construction, • The applicant roust co(>rdinaie rheir project with any 111)'I projects :n the area. • itiOT design reviews taarc invant to ensure: corripttibilitV h existing facilities arid de:.ign standard; and guidelines. The applicant is responsiblt for all sii"vvy and plan vrrors and/Or r_imci:-,ions thar impact the ct_>s* trizrt;tbtlitt err intruded d cs.'gli fuitcfi( Rn Of the h-.>Iect. c The appliCIIII must provide full time cc>n trued." tnspet-titan atul ccreficxtion for auy work done w1rhin IMUF right of way. L.tpcfn complerion of ilic prtijet , or at "Im IMIC upzxi ri�Ttit st *'ionl MITI-, the applicant ivat4 prot-icc all construction inspecuou reports. T'he \IDT Dit trit t ( ltficc rnai a.tiigti staff to proide construction :ti:+i}t'ClIo t o-k-crsight at their dl' cCre'af,,ii- s Thv -mill p1-1_11tdc ; -.AS ILVr •r: .{. \IDT i'11:-iiin€r. ti tih:ti 1, curs after t:utL-trL'Ctir,i't Conlpaf:;', C')ntr.wroar. air'Lvork Cri';r ha:'t' ilC;iiii.1i11'ed fr n1 tl:c .vi)ric -nwc. p►p State of Montana 2701 Prospect Avenue PO8ox201001 .M,.vr*/� T Montana Department of Transportation Helena, MT 59620-1001 Phone: (406) 444-1237 MDI-N1Ai-006 11113 Page Iof2 Driveway Approach Application and Permit Fax (406) 444 0801 7ry'(406)444.1696 taw4v.mdt.rr+t.gov To be • in by Department of • • •Personnel 7 rint FG'm F.A. Route No: Milepost: _ 'Project. _ Approach Station: >(t)Syil 116.86 1-5- it32H1,, District: County: Maint Section No: --- - - Imissoula Flathead I I .'() i _ _. - Drainage as determined by Department of Transportation Type: as per puns - -� Size: �— Length: i Sight Distance (feet): Right: 1 200 Left: 1,200 IC" roachr Recom�-r-� - ,,��// pp y Dtstrtct Traffic ia7 7 roach App lcation Approvedy Cia4t Engineer or Traffic & Safety Bureau District Administrator or Designee Recess Control: r: Yes (- No If Access Control ss Yes: —.-- Data Approach Recommended by ,Access Manager, RIW BureauAPPLICANT - - (PROPERTY• J Name _ PhonelFax Dumber Stillwater Corporation_ I (406)758-6407 or (406)758-6420 Address City State Zip Code E-mail _ �PO Box 7338 Kalispell J MT f 59904 _ - jell@lhcmt.com herein termed the applicant, requests permission to construct approach(es) described and shown an attached site plan or plan and profile and hereby made a part of this application Use of Property or Facility: Commercial (Specify Type ->) Ford dealership only An environmental checklist must be filled out, signed and <.°~-idled in order for this application to be considered complete. Link to Environmental Checklist City or Town: (If rural, direction & approx. distance from nearest city or town) Kalispell, MT Street Name, if any: US Highway 93 halt jWldth 178 ft (5 lane) Estimated number of trips per day: 1340 Side of Roadway W Width: as per plans Flare: as per plans 14her Comments65 mph speed limit. This permit is limited to access for the Ford dealership. This was approved through the SIAP review anti will bo constructed as per the plans submitted 7127117. Access for additional development of the KNTL is pending completion of the MDT review process (see letter dated 811117). ppqq 2/Ul Prospect Avenue Strntp of Montana PO Box201001 MDi?r I f Elena, MT 59620 1001 Montana ®epao,tunent of Transportation Phone: (40b) 444 7237 MDT-NIAI-006 11113 Fax (406) 444 v807 Page 2 of 2 Driveway Approach Application and Permit TTY: (406) 444-7696 wvrw,mdt.mt,gov (INSTRUCTIONS CONCERNING USE OF THIS FORM) Applicant will complete and deliver this form In duplicate to the District Administrator serving the area in which the Approach Permit is requested. I he District Administrator, in conjunction with the District Traffic Engineer, is delegated authority to approve curb cuts, public and private approaches serving bus,,nesses, residences and agricultural uses in rural or urban areas without further consultation if the traffic conditions are not congested. In congested areas, usually urban silt ia;inns, the District Administrator and District traffic Engineer can request the Traffic and Safety Engineer in Helena for additional technical assistance. if this is necessary, the approach should be scaled onto existing plan and profile sheets showing the highway right-of-way and sent to Helena. - APPROACH PERMIT - Subject to the following terms and conditions, the permit applied for upon the reverse side hereof, is hereby granted: 1) TERM. This permit shall be in full force and effect from the date hereof until revoked as herein provided. Z) REVOCATION. This permit may be revoked by State upon giving thirty (30)days notice to Permittee by ordinary mail, directed to the address shown in the application hereto attached, but the State reserves the right to revoke this permit without giving said notice in the event Permittee breaks any of the conditions or tears set forth herein. 3) COMMENCEMENT OF WORK. No work shall be commenced until Permittee notifies the Department of Transportation when work is proposed to Commence. 4) CHANGES iN HIGHWAY. If the State changes the highway, or there are other changes to adjoining streets, alleys, etc., which necessitate alterations in structures or installations installed under this permit, Permittee shall make the necessary alterations at Permittee's sole expense or in accordance with a separate agreement. S) STATF SAVFD HARMLESS FROM CLAIMS. In accepting this permit the Permittee, its/his successors or assigns, agree to protect the State and save it harmless from all claims, actions or damage of every kind and description which may accrue to, or be suffered by, any person or persons, corporations or property by reason of tho performance of any such work, character of materials used, or manner of instaltations, rnalotenance and operation, or by the improper occupancy of said highway right of way, and in case any suit or action is brought against the State and arising out of, or by reason of, any of the above causes, the Permittee, itsihis successors or assigns, will upon notice to it/him of the commencement of such action, defend the same at its/his sole cost and expense and satisfy any judgment which may be rendered against the State in any such suit or action. 6) PROTECTION OF TRAFFIC. Submit a traffic control plan for review and approval prior to any work being performed in MDT Right -of -Way. Traffic control must meet current MUTCD and MDT standards and guidance. The approval shall in no way operate to relieve or discharge the Permittee from any of the obligations assumed by acceptance of this permit, and especially those set forth under Section 6 thereof 1) HIGHWAY DRAINAGE. if the work done under this permit interferes in any way with the drainage of the State Highway affected, Permittee shall, at its/his own expense, make such provisions as the State may direct to take care of said drainage. 8) RUBBISH AND DEBRIS. Permittee is responsible for debris that is carried onto the roadway by this construction with sweeping and cleaning done daily at permittee's expense. Upon completion of work contemplated under this permit, all rubbish and debris shall be immediately removed and the roadway and the roadside left in a neat and presentable condition satisfactory to the State. 9) WORK TO BE SUPERVISED BY STATE. All work contemplated under this permit shall be done under the supervision of and to the satisfaction of the authorized representative of the State, and the State hereby reserves the right to order the change of location or removal of any structure or installation authnri7orl by this permit at any time, said changes or removal to be made at the sole expense of the permittee. 10 SI A I F'S 0711T NOT TO RF INTFRFFRED WITH. All sugar r_hatiye+, ret'unstru(ting or refill atioit sha)I by d mu by Permtittf e, in sire h a manner as will cause the least interference with any of the State's work, and the State shall in no way be liable for any damage to the Permittee by reason of any such work by the Swe, its agents, contractors or representatives, or by the exercise of any rights by the State upon the highways by the installations or structures placed under this permit. 11) REMOVAL OF INSTALLATiONS OR STRUCTURES. Unless waived by the State, upon termination of this permit, the Permittee shall remove the installations or structures contemplated by this permit and restore the premises to the condition existing at the time of entering upon the same under this permit, reasonable and ordinary wear and tear and damage by the elements, or by circumstances over which the Permittee has no control, excepted. 17) MAIN FENANCF AT FXPENSF OF PERMITTFF. Permittee shall maintain, at itslhis style expense the installations and structures for which this permit is granted, rn a cundition satisfactory to the State. 13) STATE NUT LIABLE FOR DAMAGE TO WSTALLAI IONS. In accepting this permit the Permittee agrees that any damage or injury done to said installations or structures by a contractor working for the State, or by any State employee engaged in construction, alteration, repair, maintenance or improvement of the Stare Highway, shalt be at the sole expense of the Permittee. 14) STATE 70 BE REIMBURSED rOR REPAIRING ROADWAY. Upon being billed therefor Permittee agrees to promptly reimburse State for any expense incurrer. it repairing surface or roadway due to settlement at installation, or for any other damage to roadway as a result of the work performed under this permit. i1,0 OTHER CONDIiIONS AND/OR REMARKS. a. All approach side slopes will preferably be constructed on 10 to t slope but not less than 6 to I slope, unless otherwise approved. b- No private signs or devices etc., will be constructed or installed within the highway right-of-way limits. c This permit is valid only if approach construction is completed within specified months from date of issue. 6 Nlonths d, Prior to Starting work, for construction inspection and approval of completed approach contact Dennis Oliver 406 751-201 c [3 See attached addendum Dated au Kalispell � Agreenlent Ddie I 7 The undersigned the "Permittee` mentioned it trio aforego,nq instrumart, hereby accepts this permit togethr:r with all of the terms o be filled in by Department of transportation Personnel and canC!t!ans set forth therein ail t i Completed ApproacF Inspection By: � Date Signed by Permittee I itle: � Appendix 3 Stephanie Ray From: Schlecht, Joshua W - Billings, MT e)oshua.W,Schlecht@usps.gov> Sent: Thursday, March 30, 2017 11.51 AM To: Stephanie Ray Cc: Carter, Carroi S - Kalispell, MT Subject: approval Stephanie, 1 will give approval for Centralized boxes in an approved location for this KNTC new development. If you need any more information or help with this matter let me know. Thank you, Josh Schlecht Postmaster/Kalispell 350 N Meridan Rd Kalispell, MT 59901 C-406-210-7031 W-406-257-9796 Jarod Nygren From: Susie Turner Sent: Friday, July 7, 2017 4:13 PM To: Jarod Nygren; Charlie Harball Subject: RE: KNTC_Conveyance of water rights documents I've reviewed the documents and discussed them with Roger and they look correct. We'll have this same process with each phase. Susie From: Jarod Nygren Sent: Tuesday, May 23, 2017 11:37 AM To: Susie Turner <sturner@kalispell.com>; Keith Haskins <khaskins@kalispell.com> Subject: FW: KNTC_Conveyance of water rights documents Can you review the attached documents and make sure they are sufficient? We will need to get this completed prior to final plat. From: Stephanie Ray [mailto:stephanieray/@ctagroup.COIIIJ Sent: Friday, May 12, 2017 11:02 AM To: Jarod Nygren <inygren2kalispell.com> Subject: KNTC_Conveyance of water rights documents Hello, Attached is the documentation related to the conveyance of the water rights. There are signatures needed from the City. Can you help coordinate this? Jeff is in the process of signing the quitclaim deed. Thanks! Steph From: Scott D. Hagel (mailto:shagel@crowleyfleck.cornj Sent: Friday, May 12, 2017 10:47 AM To: Zack Graham <zackgraham@ctagroup.com>; Stephanie Ray <stephanieray@ctagroup.com> Cc: Jeff Claridge <1eff@Ihcmt.com> Subject: Conveyance of water rights documents Importance: High Zack and Stephanie, here are the maps and abstracts that go with each of the DNRC 641 forms, prepared by Applied Water Consulting. As I mentioned to Zack the 641 forms still need to be signed by the City on the "Buyer" line of the forms. The deed needs to be signed by Jeff & notarized and then recorded in the county real property records. The deed has already been approved by Kathy Olsen at the Kalispell DNRC. I think you have Jeff's signatures on the 641 forms already. You may not need the abstracts, but you have them now if you do need them. Scott Hagel May 3, 2017 76LJ 542-00 Page 1 of 2 General Abstract STATE OF MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION 1424 9TH AVENUE P.O.BOX 201601 HELENA, MONTANA 59620-1601 GENERAL ABSTRACT Water Right Number: 76LJ 542-00 STATEMENT OF CLAIM Version: 1 -- ORIGINAL RIGHT Version Status: ACTIVE Owners: VAN SHAW 2723 FAIRMONT DALLAS, TX 75201 STILLWATER CORP PO BOX 7338 KALISPELL, MT 59901 TRANSFER PROCESSED TO ADD OWNERS ONLY. INDIVIDUAL PORTIONS WILL BE RECORDED AFTER FINAL DECREE. Priority Date: JUNE 24, 1966 Enforceable Priority Date: JUNE 24, 1966 Type of Historical Right: FILED Purpose (use): IRRIGATION Irrigation Type: SPRINKLER Maximum Flow Rate: 5.48 CFS Maximum Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. Climatic Area: 3 - MODERATE Maximum Acres: 341.00 Source Name: STILLWATER RIVER Source Type: SURFACE WATER Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec See Twp Rge Counh 1 SWNENE 25 29N 22W FLATHEAD Period of Diversion: APRIL 1 TO OCTOBER 15 Diversion Means- PUMP Period of Use: APRIL 1 to OCTOBER 15 Place of Use: ID Acres Govt Lot Qtr Sec Sec 112 Rge County 1 80.00 S2SE 19 29N 21 W FLATHEAD 2 138.00 NE 30 29N 21 W FLATHEAD 3 54.00 N2NW 30 29N 21 W FLATHEAD 4 69.00 S2NW 30 29N 21 W FLATHEAD Total: 341.00 Geocodes/Valid: 07-4078-19-4-01-10-0000 - Y 07-4078-30-1-01-15-0000 - Y 07-4078-30-1-01-20-0000 - Y 07-4078-30-1-01-30-0000 - Y 07-4078-30-1-01-40-0000 - Y 07-4078-30-1-01-50-0000 - Y 07-4078-30-2-01-10-0000 - Y 07-4078-30-2-01-40-0000 - Y Remarks: THE PERIOD OF DIVERSION WAS AMENDED BY THE CLAIMANT ON 11/03/1989. THE PLACE OF USE WAS AMENDED BY THE CLAIMANT ON 11/04/1987. STARTING IN 2008, PERIOD OF DIVERSION WAS ADDED TO MOST CLAIM ABSTRACTS, INCLUDING THIS ONE, WATER RIGHT OWNERSHIP UPDATE RECEIVED 09/18/2001. WATER RIGHT OWNERSHIP UPDATE RECEIVED 11/10/1987. WATER RIGHT OWNERSHIP UPDATE RECEIVED 08121/1987. WATER RIGHT OWNERSHIP UPDATE RECEIVED 07/07/1993. OWNERSHIP UPDATE RECEIVED May 3, 2017 76LJ 542-00 Page 2 of 2 General Abstract Remarks: OWNERSHIP UPDATE TYPE 608 # 49523 RECEIVED 09/0612007, OWNERSHIP UPDATE TYPE 608 # 70535 RECEIVED 03/02/2009, OWNERSHIP UPDATE TYPE DOR # 98789 RECEIVED 12/23/2011. OWNERSHIP UPDATE TYPE DOR # 95435 RECEIVED 0110612012. THE TYPE OF HISTORICAL RIGHT, PRIORITY DATE, AND FLOW RATE MAY BE QUESTIONABLE. THE CLAIMS FOLLOWING THIS STATEMENT USE THE SAME FILED APPROPRIATION TO DOCUMENT THE RIGHT. THE COMBINED FLOW RATE FOR THIS GROUP OF CLAIMS EXCEEDS THE TOTAL OF THE ORIGINAL APPROPRIATION, 76LJ 542-00 AND 76LJ 9139-00. ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 05105/2010, A PORTION OF THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY EASTHAVEN CITY OF KALISPELL # NTEREST ASSOCIATED WITHTHISI 33.7 ACRES FROM STIL.LWATER CORPORATION jj POD NORTH TOWN ,CENTER - - .PHASE'1.-- 33.T ACRES - -- --76L, 542.00_-' 341 ACRES 25N 22V(/ - - - -- -- -- -- -- 29N 21 W ' STILLWATER CORPORATION -- --OWNERSHIP-- - — =- STILLWATER CORPORAT I OWNS 321 ACRES OF POU t E RESERVE -DRIVE --- - w 3ei - 0 750 1,500 3,000 Feet''. ,. 3 f PROJ NO: 157-05 DRAWN: BJB NORTH TOWN CENTER - PHASE 1 FIGURE LOCATION: Kalispell, MT PROJ MGR. R.NOBLE rQTp'plied Water SCALE: 1 IN = 1,000 FT CHECKED: 76LJ 542 00 - WATER RIGHT SPLIT CONSULTING LLC PH F KlAhAG- FA7 Q nnT[7• nnnv101nnd-7 May 3, 2017 76U 2659"0 Page 1 of 2 General Abstract STATE OF MONTANA DEPARTMENT OR NATURAL RESOURCES AND CONSERVATION 1424 9TH AVENUE P.O,BOX 201601 HELENA, MONTANA 59620-1601 GENERAL ABSTRACT Water Right Number: 76LJ 26596-00 STATEMENT OF CLAIM Version: 1 -- ORIGINAL RIGHT Version Status: ACTIVE Owners: GOLF NORTHWEST PO BOX 1257 BIGFORK, MT 59911 REGIONAL ENTERPRISES INC PO BOX 2492 KALISPELL, MT 59903 BRENT C EAVES 432 E IDAHO ST SUITE 440 KALISPELL, MT 59901 CHARLES D WEBER JR 206 WILD PINE CT KALISPELL, MT 59901 SUSAN WEBER 206 WILD PINE CT KALISPELL, MT 59901 STILLWATER CORP PO BOX 7338 KALISPELL, MT 59901 MEDNORTH MEDICAL CENTRE LLC PO BOX 10338 KALISPELL, MT 59904 DAVID G SHELDON 106 QUAIL COURT KALISPELL, MT 59901 VALERIE L SHELDON 106 QUAIL COURT KALISPELL, MT 59901 PATTY A POTTS 208 WILD PINE COURT KALISPELL, MT 59901 BAUR FAMILY PARTNERSHIP LP C/O JAMES D ECKHOFF 555 NORTH NEW BALLAS ROAD STE 130 SAINT LOUIS, MO 63141 OWNERSHIP UPDATE PROCESSED TO ADD NEW OWNERS. THE WATER RIGHT MAY BE SPLIT INTO SEPARATE WATER RIGHTS UPON REQUEST OF THE OWNERS. Priority Date: SEPTEMBER 23, 1953 Enforceable Priority Date: SEPTEMBER 23, 1953 Type of Historical Right: FILED Purpose (use): IRRIGATION Irrigation Type: SPRINKLER klaximum Floss Rate: 5.02 CFS Maximum Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. Climatic Area: 3 - MODERATE Maximum Acres: 440.00 Source Name: STILLWATER RIVER Source Type: SURFACE WATER Point of Diversion and Means of Diversion: ID GON't Lot Qtr Sec See Twn Rge Count% May 3, 2017 Page 2 of 76LJ 26596-00 General Abstract ID Govt Lot Qtr Sec Sec TA IRge Counh i SESENW 24 29N 22W FLATHEAD Period of Diversion: APRIL 15 TO OCTOBER 15 Diversion Nleans: PUMP 2 NESWSE 24 29N 22W FLATHEAD Period of Diversion: APRIL 15 TO OCTOBER 15 Diversion Means: PUMP Period of Use: APRIL 15 to OCTOBER 15 Place of Use: ID Acres Govt Lot Otr Sec See Twn Rge Coun 1 40,00 2 SWNW 19 29N 21W FLATHEAD 2 160.00 SW 19 29N 21 W FLATHEAD 3 80.00 S2NE 24 29N 22W FLATHEAD 4 40.00 SENW 24 29N 22W FLATHEAD 5 80.00 E2SE 24 29N 22W FLATHEAD 6 40.00 NWSE 24 29N 22W FLATHEAD Total: 440.00 Geocodes/Vand: -- NO VALID GEOCODES -- Remarks: STARTING IN 2008, PERIOD OF DIVERSION WAS ADDED TO MOST CLAIM ABSTRACTS, INCLUDING THIS ONE. WATER RIGHT OWNERSHIP UPDATE RECEIVED 07107/1993. WATER RIGHT OWNERSHIP UPDATE RECEIVED 08/21/1987. WATER RIGHT OWNERSHIP UPDATE RECEIVED 03/14/1994, WATER RIGHT OWNERSHIP UPDATE RECEIVED 01/11/1996. WATER RIGHT OWNERSHIP UPDATE RECEIVED 03/14/1994. WATER RIGHT OWNERSHIP UPDATE RECEIVED 02/0411985, OWNERSHIP UPDATE RECEIVED OWNERSHIP UPDATE TYPE 608 # 49522 RECEIVED 09/0612007. OWNERSHIP UPDATE TYPE DOR # 87016 RECEIVED 08/26/2009. OWNERSHIP UPDATE TYPE DOR # 85684 RECEIVED 07/16/2010, OWNERSHIP UPDATE TYPE DOR # 85711 RECEIVED 09114/2010. OWNERSHIP UPDATE TYPE DOR # 93955 RECEIVED 04/01/2011. OWNERSHIP UPDATE TYPE DOR # 95996 RECEIVED 09/20/2011. OWNERSHIP UPDATE TYPE DOR # 95435 RECEIVED 01/0612012, OWNERSHIP UPDATE TYPE DOR # 134474 RECEIVED 07107/2015. OWNERSHIP UPDATE TYPE DOR # 134472 RECEIVED 09/09/2015. THE CLAIMED FLOW RATE MAY BE QUESTIONABLE. DOCUMENTATION SUBMITTED WITH THIS CLAIM INDICATES A FLOW RATE OF 2.0 CFS. FLATHEAD COUNTY RECORDS AS OF 01/29/2009 SHOWS PLACE OF USE IS OWNED BY 38 DIFFERENT INDIVIDUAL OWNERS. SEE CLAIM FILE FOR DETAILS, USDA AERIAL PHOTOGRAPH NO(S). 979-193 , DATED 09/23/1979 , APPEARS TO INDICATE 347.33 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. USDI AERIAL PHOTOGRAPH NO. 1BB-95 , DATED 0710111961 , APPEARS TO INDICATE 294.33 ACRES IRRIGATED, A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. THE CLAIMED PRIORITY DATE MAY BE QUESTIONABLE. IT APPEARS THE PRIORITY DATE SHOULD BE THE DATE THE SPRINKLER SYSTEM WAS FIRST PUT TO USE. THE PRIORITY DATE IS UNCLEAR. DOCUMENTATION SUBMITTED WITH THIS CLAIM IDENTIFIES 1953 AND 1961 PRIORITY DATES. ...................................................................................... 29N : CITY OF KALISPELL TO RECIEVF INTEREST ASSOCATED WITH THIS 20 ACRES FROM STILUAP',`l F.R Ct))R )R TICN i �4. F S FILLWATER CORPORATION, 29N 21 W STILLWATER CORPORATIC), HIP E RESERVE DRIVE N 0 750 1,500 3,000 Feet I — I I I I I I— L I I - --- — A PROJ NO: 157-05 DRAWN: BJB FIGURE �© LOCATION: Kalispell, MT PROJ MGR: R.NOBLE NORTH TOWN CENTER -PHASE 1 "ApvIien Water SCALE: 1 IN = 1,500 FT CHECKED: 75LJ 26596 00 =WATER RIGHT SPLIT FILE NAME: 542 S nATF, nnAYisr?nl May 5, 2017 76LJ 57621-00 Page 1 of 1 General Abstract STATE OF MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION 1424 9TH AVENUE R0.80X 201601 HELENA, MONTANA 59620-1601 GENERAL ABSTRACT Water Right Number, 76LJ 57621-00 PROVISIONAL PERMIT Version. 1 —ORIGINAL RIGHT Version Status: ACTIVE Owners: STILLWATER CORP PO BOX 7338 KALISPELL, MT 59901 OWNERSHIP UPDATE PROCESSED TO ADD NEW OWNERS. THE WATER RIGHT MAY BE SPLIT INTO SEPARATE WATER RIGHTS UPON REQUEST OF THE OWNERS. Priority Date: OCTOBER 3, 1984 at 10:00 A.M. Enforceable Priority Date: OCTOBER 3, 1984 at 10:00 A.M. Purpose (use): IRRIGATION Maximum Flow Rate: 1,800.00 GPM Maximum Volume: 822.90 AC -FT Maximum Acres: 150.00 Source Name: STILLWATER RIVER Source Type: SURFACE WATER Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Twp Rge County 1 NESWSE 24 29N 22W FLATHEAD Period of Diversion: MARCH 1 TO NOVEMBER 15 Diversion Means: PUMP Purpose (Use): IRRIGATION Volume: 270.00 AC -FT Period of Use: MARCH 1 to JULY 1 Place of Use: ID Acres Govt Lot Qtr Sec See :L!M Rge County 1 10.00 NWNE 30 29N 21W FLATHEAD 2 20.00 SESW 19 29N 21W FLATHEAD 3 80.00 N2NE 30 29N 21W FLATHEAD 4 40.00 SESW 19 29N 21W FLATHEAD Total: 150.00 Geocodes/Valid: 07-4078-19-3-01-35-0000 - Y 07-4078-19-3-01-40-0000 - Y 07-4078-30-1-01-30-0000 - Y 07-4078-30-1-01-40-0000 - Y 07-4078-30-1-01-50-0000 - Y Remarks: IMPORTANT INFORMATION THIS PERMIT IS USED IN CONJUNCTION WITH CLAIM NO.S 542-01 AND 26596-01. OWNERSHIP UPDATE RECEIVED NOTICE OF WATER RIGHT TRANSFER RECEIVED 08/21/87. OWNERSHIP UPDATE RECEIVED NOTICE OF WATER RIGHT TRANSFER RECEIVED 07/07/93. OWNERSHIP UPDATE RECEIVED WATER RIGHT OWNERSHIP UPDATE RECEIVED 09/18/01. OWNERSHIP UPDATE RECEIVED OWNERSHIP UPDATE TYPE 608 # 49523 RECEIVED 09/06/2007. OWNERSHIP UPDATE TYPE DOR # 95435 RECEIVED 01/06/2012. r� CITY OF KALISPELL TO RECiL `�: t; POD 7 INTEREST ASSOCIATED WITH THIS; a 20 ACRES FROM STILLWATER CORPORATIt )N A. p; STILLWATER GORPURXHUN 21W Jtk -- N. 0 500 1,f100 2,000 Feet 31,. rYdr e •. f a PROJ NO: 157-05 DRAWN: BJB PROD MGR: R.NOBLE NORTH TOWN CENTER — PHASE 1 FIGURE LOCATION: Kalispell, MT Applied Water SCALE: 1 IN = 1,000 FT CHECKED: 76LJ 57621 00 - WATER RIGHT SPLIT 1 ,ONSUL-INGLLc cii C Form No. 641 (13-2015) DNRC OWNERSHIP UPDATE DIVIDED INTEREST Cmplete one form for each water right that will be divided. Your water right will be divided into separate water rights based on the information provided. Rec'd Date Submit all three pages of this form with the filing fee; a deed, contract for deed, or other recorded document; a water right abstract; and a map. Contact your local DNRC Water Resources Regional Office if you have any questions. Filing Fee $50.00 Rec'd By FOR DEPARTMENT USE ONLY Fee Rec`d $ Check No. Payor Refund $ Deposit Receipt # QUID # Date If all interested parties wish to split the water right, each must fill out and sign either part B or part C of this form. A water right can be split into several portions on one form for one $50 filing fee. All interested parties must sign off on the split of water rights even if their portions are not split into individual rights. PART A — GENERAL INFORMATION 1. DATE OF LAND TRANSFER (SALE) 2. WATER RIGHT BEING DIVIDED 76LJ 26596 00 3. SELLER (Grantor) Stillwater Corporation MAILING ADDRESS PO Box 7338 CITY Kalispell STATE MT ZIP 59904 PHONE 406-758-7720 EMAIL 4. BUYER (Grantee) City of Kalispell MAILING ADDRESS PO Box 1997 CITY Kalispell STATE MT PHONE 406-758-7720 EMAIL 5. HOW IS THIS WATER RIGHT BEING DIVIDED? Please check only one. ZIP 59903 ❑ The water right is being divided as specifically identified in a deed, contract for deed, or other recorded document. (Attach a copy and underline the divided interest information.) ❑ X The water right is being divided proportionately between the buyer and seller based on the place of use described in the water right. (Attach a copy of the deed, contract for deed, or other recorded document.) 6. WATER RIGHT ABSTRACT A current DNRC general abstract of the water right being divided must be submitted. To receive DNRC generated water right abstracts, query the water right at the following web address: http://www.nris,mt.ciov/dnrc/waterri_qhts/default,asi)x or contact the regional office serving your area. 7. MAP X❑ A map must be provided. An aerial photo is preferred. township and range, section comers, and a north arrow a. The place of use the seller is retaining; b. The place of use the buyer is receiving; You may also use a scaled map, county plat or quad map showing The following elements must be identified on the map: c. Point(s) of diversion; and d. The location of any irrigated acres. IMPORTANT NOTES • If you want to change or add a point of diversion, place of use, place of storage, or purpose of use of a water right you must first file a change application with the DNRC. • The combined portions of a divided water right cannot exceed the total flow rate, volume, or period of diversion of the original right. • The DNRC has no jurisdiction concerning easement, right-of-way, and zoning matters. The buyer and seller must make these provisions where necessary. • There may be ongoing court action regarding this water right and terms and conditions applicable to the exercise of the divided right. The buyer should be familiar with all aspects of the right received. Fonn 641 DNRC Ownership Update— Divided Interest Page I PART B — SELLER'S PORTION (Attach additional sheets if necessary) 1. SELLER'S NAME Stillwater Corporation 2. PORTION OF WATER RIGHT RETAINED /f specifically identified in the attached recorded document, what flow rate will be retained by the Seller? see below ❑ gpm ❑ cfs Stiliwater Corporation retains the flow, Nate associated with the 2-0 acres retained b, them. Unless specifically divided in the attached recorded document, both the Seller's and Buyer's water right will retain the full flow rate and the use of the flow rate must be shared and/or alternated. Attach an additional sheet explaining how this will be done such that, in combination, the flow rate of the original water right will not be exceeded. Stillwater Cofporation retains the volurne �astsociated Purpose of Use Irrigation Volume (acre-feet) with the 20 acres retainer) by them. Purpose of Use Volume (acre-feet) 3. POINT OF DIVERSION (describe the location to the nearest 10 acres, three quarter sections) SE 114 SE 114 NW 1/4 Sec 24 TWP 29 n N ❑ S RGE 22 ❑ E ❑x W Lot/Tract Block Subdivision Name COS Gov't Lot County Flathead NE 1/4 SW 1/4 SE 114 Sec 24 TWP 29 21 N ❑ S RGE 22 ❑ E x❑ W Lot/Tract Block Subdivision Name COS Gov't Lot County Flathead 4. PLACE OF USE Purpose of Use Irrigation County Flathead 20 acres 1/4 SE 1/4 SW 1/4 Sec 19 TWP 29 p N ❑ S RGE 21 ❑ E p W acres 1/4 1/4 1/4 Sec TWP ❑ N ❑ S RGE El E ❑ W acres 114 1/4 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W acres 1/4 1/4 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W 20 Total Acres Lot/Tract Block Subdivision Name COS Gov't Lot Geocodes(s) 07407819301350000,07407819301400000 Purpose of Use County acres 1/4 1/4 114 Sec TWP ❑ N ❑ S RGE ❑ E [:]W acres 1/4 1/4 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W acres 1/4 1/4 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W acres 1/4 1/4 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W Total Acres Lot/Tract Block Subdivision Name COS Gov't Lot Geocodes(s) 5. SIGNATURE I DECLARE UNDER PENALTY OF PERJURY AND UNDER THE LAWS OF THE STATE OF MONTANA THAT THE FOREGOING IS TRUE At�D C, ECT. Seller Signature: lz149rYv> Date: 5 f /%li7 Seller Signature- Date: Form 641 DNRC Ownership Update — Divided Interest Page 2 PART C~BUYER'S PORTION (Attach additional sheets if necessary. If more than one buyer, add sheets showing each buyer's podionj 1' BUYER'S NAME City Kalispell 2. PORTION OF WATER RIGHT ACQUIRED City oft Kalispell receives the flow rate associated with the 20 acres described mdeed and illustrated or.the attached figure, Flow Rate (ypm/cfs) see above (Only if specifically identified in the attached recorded document —see Part B, Number 2) Pu�mnmm[Uoe | Wdum*(aue�m�cur�ce/"vem�v^/um*�s�/^�u�mmm�ua�e: Purpose cfUse Volume (ecre-fe*Vdescribed 'ndeed mrd.momtratwdnnthe attached figure. 3. POINT OFDIVERSION (describe the location to the nearest 10acres, three quarter seofions) ��8E SE NW 24 �M1�1��m__ bot/TractBlock____ COS Gov't Lot _TWp 29 NINOS Subdivision Name Flathead----- '------ �� E[]E��W NE iM SW 1w 8E 1NSec _24TVYP 29 nxN[]G RQE 22 [] EnxVY Lo0ractBlockSubdivision Name Cos Gov't Lot Q�n� Flathead 4. PLACE OF USE Purpose ofUse Irrigation County Flathead 28 acres/4 SE 1/4 SW 1/4 8m 19 TVVP 29 21NCIS RGE 21 O E RIVV acres /4/4114 See TWPONOS RGE____OEOVV acres 1/41/41/4 See TWPONOS RGE_—___OEOVV ___ acres ___1/4___1/41/4 Sec TVVPONOS RGE____OEOVV 20 Total Acres LnVTmct B|ouk Subdivision Name CO3 Gov't Lot 9oonodes(o) Purpose nfUse County acres /4___1/4114 Gee TWPON OS RGEO E OYV acres 1/4 ___ /4 1/4 8oc TWPON OS RGEO E OVV aunm /4___1/41/4 Sm TWPON 08 R6EO E OW acres1/41/41/4 See TWpONOS R8EO EOVV LotfTmctCos Geocodeo(s) Total Acres Block 5. SIGNATURE Subdivision Name Gov't Lot I DECLARE UNDER PENALTY OF PERJURY AND UNDER THE LAWS OF THE STATE OF MONTANA THAT THE FOREGOING KSTRUE AND CORRECT. Buyer Signature: Date: Buyer Signature: Date: pmnw1owncOwnership Update- Divided Interest pngv3 WATER RESOURCES OFFICES BILLINGS: AIRPORT INDUSTRIAL PARK, 1371 RIMTOP DR., BILLINGS MT 59105-1978 PHONE: 406-247-4415 FAX: 406-247-4416 SERVING: Big Horn, Carbon, Carter, Custer, Fallon, Powder River, Prairie, Rosebud, Stillwater, Sweet Grass, Treasure, and Yellowstone Counties BOZEMAN: 2273 BOOT HILL COURT, SUITE 110. BOZEMAN MT 59715 PHONE: 406-586-3136 FAX: 406-587-9726 SERVING: Gallatin, Madison, and Park Counties GLASGOW: 222 6TH STREET SOUTH, PO BOX 1269, GLASGOW MT 59230-1269 PHONE: 406-228-2561 FAX: 406-228-8706 SERVING: Daniels, Dawson, Garfield, McCone, Phillips, Richland, Roosevelt, Sheridan, Valley, and Wibaux Counties HAVRE: 210 6TH AVENUE, PO BOX 1828, HAVRE MT 59501-1828 PHONE: 406-265-5516 FAX: 406-265-2225 SERVING: Blaine, Chouteau, Glacier, Hill, Liberty, Pondera, Teton, and Toole Counties HELENA. 1424 9TH AVE., PO BOX 201601, HELENA MT 59620-1601 PHONE: 406-444-6999 FAX: 406-444-9317 SERVING: Beaverhead, Broadwater, Beer Lodge, Jefferson, Lewis and Clark, Powell, and Silver Bow Counties KALISPELL: 655 TIMBERWOLF PARKWAY, SUITE 4, KALISPELL MT 59901-1215 PHONE: 406-752-2288 FAX: 406-752-2843 SERVING: Flathead, Lake, Lincoln, and Sanders Counties LEWISTOWN: 613 NORTHEAST MAIN ST., SUITE E, LEWISTOWN MT 59457-2020 PHONE: 406-538-7459 FAX: 406-538-7089 SERVING: Cascade, Fergus, Golden Valley, Judith Basin, Meagher, Musselshell, Petroleum, and Wheatland Counties MISSOULA: 2705 SPURGIN RD. BLDG.C, PO BOX 5004, MISSOULA MT 59806-5004 PHONE: 406-721-4284 FAX: 406-542-5899 SERVING: Granite, Mineral, Missoula, and Ravalli Counties MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION Water Resources Division - Water Rights Bureau WEBSITE: http://dnrc.mt.gov/wrd/ Fonn 641 DNRC Ownership Update — Divided interest Page 4 Form No. 641 (U3-2015) DNRC OWNERSHIP UPDATE DIVIDED INTEREST Complete one form for each water right that will be divided. Your water right will be divided into separate water rights based on the information provided. Rec'd Date FOR DEPARTMENT USE ONLY Submit all three pages of this form with the filing fee; a deed, Reed By contract for deed, or other recorded document; a water right Fee Reed $ abstract; and a map. Payor Contact your local DNRC Water Resources Regional Office if you Refund $ have any questions. Deposit Receipt # Filing Fee $50.00 OUiD # Check No. Date if all interested parties wish to split the water right, each must fill out and sign either part B or part C of this form. A water right can be split info several portions on one form for one $50 filing fee. All interested parties must sign off on the split of water rights even if their portions are not split into individual rights. PART A - GENERAL INFORMATION 1. DATE OF LAND TRANSFER (SALE) 2. WATER RIGHT BEING DIVIDED 76LJ 57621 00 3. SELLER (Grantor) Stillwater Corporation MAILING ADDRESS PO Box 7338 CITY Kalispell STATE MT ZIP 59904 PHONE 406-758-7720 EMAIL 4. BUYER (Grantee) City of Kalispell MAILING ADDRESS PO Box 1997 CITY Kalispell STATE MT ZIP 59903 PHONE 406-758-7720 EMAIL 5. HOW IS THIS WATER RIGHT BEING DIVIDED? Please check only one. ❑ The water right is being divided as specifically identified in a deed, contract for deed, or other recorded document. (Attach a copy and underline the divided interest information.) ❑X The water right is being divided proportionately between the buyer and seller based on the place of use described in the water right. (Attach a copy of the deed, contract for deed, or other recorded document.) 6. WATER RIGHT ABSTRACT FXJ A current DNRC general abstract of the water right being divided must be submitted. To receive DNRC generated water right abstracts, query the water right at the following web address: http://www.nris.mt,gov/dnrc/waterdghts/default aspx or contact the regional office serving your area. 7. MAP A map must be provided. An aerial photo is preferred. You may also use a scaled map, county plat or quad map showing township and range, section comers, and a north arrow. The following elements must be identified on the map: a. The place of use the seller is retaining; c. Point(s) of diversion; and b. The place of use the buyer is receiving; d. The location of any irrigated acres. IMPORTANT NOTES • If you want to change or add a point of diversion, place of use, place of storage, or purpose of use of a water right you must first file a change application with the DNRC. • The combined portions of a divided water right cannot exceed the total flow rate, volume, or period of diversion of the original right. • The DNRC has no jurisdiction concerning easement, right-of-way, and zoning matters. The buyer and seller must make these provisions where necessary. • There may be ongoing court action regarding this water right and terms and conditions applicable to the exercise of the divided right. The buyer should be familiar with all aspects of the right received. Form 641 DNRC Ownership Update — Divided Interest Paae I PART B — SELLER'S PORTION (Attach additional sheets if necessary) 1. SELLER'S NAME Stillwater Corporation 2. PORTION OF WATER RIGHT RETAINED /f specifcally identified in the attached recorded document, what flow rate will be retained by the Seller? see below ❑ gpm ❑ cfs StiNvater Corporation retains tho f3ovi rate associated with the 80 acres retained by therm. Unless specifically divided in the attached recorded document, both the Seller's and Buyer's water right will retain the full flow rate and the use of the flow rate must be shared and/or alternated. Attach an additional sheet explaining how this will be done such that, in combination, the flow rate of the original water right will not be exceeded. Stillwater Corp retains the vciurne associated with the Purpose of Use Irrigation Volume (acre-feet) sc; acres wtained by them. Purpose of Use Volume (acre-feet) 3. POINT OF DIVERSION (describe the location to the nearest 10 acres, three quarter sections) NE 114 SW 1/4 SE 1/4 Sec 24 TWP 29 Z N ❑ S RGE 22 ❑ E 21 W Lot/Tract Block Subdivision Name COS Gov't Lot County Flathead 114 1/4 1/4 Sec _ Lot/Tract Block COS Gov't Lot TWP Subdivision Name _ County ❑N ❑S RGE ❑ E ❑W 4. PLACE OF USE Purpose of Use Irrigation County Flathead 60 acres 1/4 N2 1/4 NE 114 Sec 30 TWP 29 p N ❑ S RGE 21 ❑ E p W 20 acres 1/4 SE 1/4 SW 1/4 Sec 19 TWP 29 p N ❑ S RGE 21 ❑ E p W acres 1/4 N2 1/4 NW 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W acres 1/4 S2 114 NW 114 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W 80 Total Acres Lot/Tract Block Subdivision Name COS Gov't Lot Geocodes(s) 07407819301350000, 07407830101500000, 07407819301400000 Purpose of Use County acres 1/4 1/4 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W acres 1/4 1/4 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W acres 1/4 1/4 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W acres 1/4 1/4 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W Total Acres Lot/Tract Block Subdivision Name COS Gov't Lot Geocodes(s) 5. SIGNATURE I DECLARE UNDER PENALTY OF PERJURY AND UNDER THE LAWS OF THE STATE OF MONTANA THAT THE FOREGOING IS TRUE I�ND C EQr-- Seller Signature: / % s Date: A : 7 Seller Signature: Date: Form 641 DNRC Ownership Update - Divided Interest Page 2 Lot(Tract _ COS Geocodes(s) PART C - BUYER'S PORTION (Attach additional sheets if necessary. If more than one buyer, add sheets showing each buyer's portion.) 1. BUYER'S NAME City of Kalispell 2. PORTION OF WATER RIGHT ACQUIRED Qty of Kalispell receives the flow rate associated vrith the 20 acres described in deed and illustrated on the attached Figure. Flow Rate (gpm/cfs) see above (Only if specifically identified in the attached recorded document —see Part B, Number 2) Purpose of Use Irrigation Volume (acre-feet) City receives the volume associated with the 20 acres described in Purpose of Use Volume (acre-feet) deed and illustrated on the attached figure. 3. POINT OF DIVERSION (describe the location to the nearest 10 acres, three quarter sections) NE 1/4 SW 1/4 SE 1/4 Sec 24 TWP 29 n N ❑ S RGE 22 ❑ E 0 W Lot/Tract Block Subdivision Name COS Gov't Lot County Flathead 1/4 1/4 1/4 Sec 7WP ❑ N ❑ S RGE ❑ E [jx W Lot/Tract Block Subdivision Name COS Gov't Lot County 4. PLACE OF USE Purpose of Use Irrigation County Flathead 20 acres 1/4 SE 1/4 SW 1/4 Sec 19 TWP 29 Fx-1 N ❑ S RGE 21 ❑ E p W acres 1/4 1/4 1/4 Sec TWP ON ❑ S RGE ❑ E [--]W acres 1/4 1/4 114 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W acres 1/4 1/4 1/4 Sec TWP ❑ N OS RGE O E ❑ W 20 Total Acres Lot/Tract Block Subdivision Name COS Gov't Lot Geocodes(s) Purpose of Use acres 1/4 acres 1/4 _ acres -1/4 _ acres 1/4 Total Acres Block 1/4 1/4 1/4 114 County _ 1/4 Sec TWP 114 Sec TWP 1/4 Sec TWP 1/4 Sec TWP Subdivision Name Gov't Lot ON ❑S RGE ❑ E ❑W ON OS RGE ❑E❑W ON OS RGE ❑ E ❑W ❑N ❑S RGE ❑ E ❑W 5. SIGNATURE I DECLARE UNDER PENALTY OF PERJURY AND UNDER THE LAWS OF THE STATE OF MONTANA THAT THE FOREGOING IS TRUE AND CORRECT. Buyer Signature: Date: Buyer Signature: Date: Fonn 641 DNRC Ownership Update - Divided Interest Page 3 WATER RESOURCES OFFICES BILLINGS: AIRPORT INDUSTRIAL PARK, 1371 RIMTOP DR., BILLINGS MT 59105-1978 PHONE: 406-247-4415 FAX: 406-247-4416 SERVING: Big Hom, Carbon, Carter, Custer, Fallon, Powder River, Prairie, Rosebud, Stillwater, Sweet Grass, Treasure, and Yellowstone Counties BOZEMAN: 2273 BOOT HILL COURT, SUITE 110, BOZEMAN MT 59715 PHONE: 406-586-3136 FAX: 406-587-9726 SERVING: Gallatin, Madison, and Park Counties GLASGOW: 222 6TH STREET SOUTH, PO BOX 1269, GLASGOW MT 59230-1269 PHONE: 406-228-2561 FAX: 406-228-8706 SERVING: Daniels, Dawson, Garfield, McCone, Phillips, Richland, Roosevelt, Sheridan, Valley, and Wibaux Counties HAVRE: 210 6TH AVENUE, PO BOX 1828, HAVRE MT 59501-1828 PHONE: 406-265-5516 FAX: 406-265-2225 SERVING: Blaine, Chouteau, Glacier, Hill, Liberty, Pondera, Teton, and Toole Counties HELENA: 1424 9TH AVE., PO BOX 201601, HELENA MT 59620-1601 PHONE: 406-444-6999 FAX: 406-444-9317 SERVING: Beaverhead, Broadwater, Deer Lodge, Jefferson, Lewis and Clark, Powell, and Silver Bow Counties KALISPELL: 655 TIMBERWOLF PARKWAY, SUITE 4, KALISPELL MT 59901-1215 PHONE: 406-752-2288 FAX: 406-752-2843 SERVING: Flathead, Lake, Lincoln, and Sanders Counties LEWISTOWN: 613 NORTHEAST MAIN ST., SUITE E, LEWISTOWN MT 59457-2020 PHONE: 406-538-7459 FAX: 406-538-7089 SERVING: Cascade, Fergus, Golden Valley, Judith Basin, Meagher, Musselshell, Petroleum, and Wheatland Counties MISSOULA: 2705 SPURGIN RD. BLDG.C, PO BOX 5004, MISSOULA IV1T 59806-5004 PHONE: 406-7214284 FAX: 406-542-5899 SERVING: Granite, Mineral, Missoula, and Ravalli Counties MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION Water Resources Division - Water Rights Bureau WEBSITE: http://dnrc,mt.gov/wrd/ � Oavre Glasgow Kalispel t - r Bozem r1 r Bilfii"Igs � i Fonn 641 DNRC Ownership Update — Divided Interest Page 4 Form No. 641 (U3- 015) DNRC OWNERSHIP UPDATE _j. DIVIDED INTEREST Complete one form for each water right that will be divided. Your water right will be divided into separate water rights based on the information provided. Redd Date Submit all three pages of this form with the filing fee; a deed, contract for deed, or other recorded document; a water right abstract; and a map. Contact your local DNRC Water Resources Regional Office if you have any questions. Filing Fee $50.00 Rec'd By, Fee Rec'd $ FOR DEPARTMENT USE ONLY Check No. Payor Refund $ Date Deposit Receipt # QUID # if all interested parties wish to split the water right, each must fill out and sign either part B or part C of this form. A water right can be split into several portions on one form for one $50 filing fee. All interested parties must sign off on the split of water rights even if their portions are not split into individual rights. PART A — GENERAL INFORMATION 1. DATE OF LAND TRANSFER (SALE) 2. WATER RIGHT BEING DIVIDED 76LJ 542 00 3. SELLER (Grantor) Stillwater Corporation MAILING ADDRESS PO Box 7338 CITY Kalispell STATE MT ZIP 59904 PHONE 406-758-7720 EMAIL 4. BUYER (Grantee) City of Kalispell MAILING ADDRESS PC Box 1997 CITY Kalispell STATE MT ZIP 59903 PHONE 406-758-7720 EMAIL 5. HOW IS THIS WATER RIGHT BEING DIVIDED? Please check oniy one. ❑ The water right is being divided as specifically identified in a deed, contract for deed, or other recorded document. (Attach a copy and underline the divided interest information.) ❑X The water right is being divided proportionately between the buyer and seller based on the place of use described in the water right, (Attach a copy of the deed, contract for deed, or other recorded document.) 6. WATER RIGHT ABSTRACT ❑X A current DNRC general abstract of the water right being divided must be submitted. To receive DNRC generated water right abstracts, query the water right at the following web address: http://www.nris.mt.gov/dnrc/waterdqhts/default,aspx or contact the regional office serving your area. 7. MAP A map must be provided. An aerial photo is preferred. You may also use a scaled map, county plat or quad map showing township and range, section comers, and a north arrow. The following elements must be identified on the map: a. The place of use the seller is retaining; c. Point(s) of diversion; and b. The place of use the buyer is receiving; d. The location of any irrigated acres. IMPORTANT NOTES • If you want to change or add a point of diversion, place of use, place of storage, or purpose of use of a water right you must I first file a change application with the DNRC. • The combined portions of a divided water right cannot exceed the total flow rate, volume, or period of diversion of the original right. • The DNRC has no jurisdiction concerning easement, right-of-way, and zoning matters. The buyer and seller must make these provisions where necessary. • There may be ongoing court action regarding this water right and terms and conditions applicable to the exercise of the divided right. The buyer should be familiar with all aspects of the right received. Form 641 DNRC Ownership Update — Divided Interest Page I PART B — SELLER'S PORTION (Attach additional sheets if necessary) 1. SELLER'S NAME Stillwater Corporation 2. PORTION OF WATER RIGHT RETAINED If specifically identified in the attached recorded document, what flow rate will be retained by the Seller? sne redo , ❑ gpm ❑ cis sfillwate'r Go, poraiian retains tine flow rate associated with the 287.:3 acres remined by there. Unless specifically divided in the attached recorded document, both the Seller's and Buyer's water right will retain the full flow rate and the use of the flow rate must be shared and/or alternated. Attach an additional sheet explaining how this will be done such that, in combination, the flow rate of the original water right will not be exceeded. Purpose of Use Irrigation Purpose of Use Volume (acre-feet) vti!!v,,ater Corpornt!on retains the vo!utne associated v'Jith the Volume (acre-feet) 287 3 acres retained by there 3. POINT OF DIVERSION (describe the location to the nearest 10 acres, three quarter sections) SW 1/4 NE 1/4 NE 1/4 Sec 25 TWP 29 ❑x N ❑ S RGE 22 ❑ E ❑x W Lot/Tract Block Subdivision Name COS Gov't Lot County Flathead 1/4 1/4 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W Lot(Tract Block Subdivision Name COS Gov't Lot County 4. PLACE OF USE Purpose of Use Irrigation County Flathead 80 acres 1/4 S2 1/4 SE 1/4 Sec 19 TWP 29 p N ❑ S RGE 21 ❑ E p W 118 acres 1/4 1/4 NE 1/4 Sec 30 TWP 29 p N ❑ S RGE 21 ❑ E p W 20.3 acres 1/4 N2 1/4 NW 1/4 Sec 30 TWP 29 p N ❑ S RGE 21 ❑ E p W 69 acres 1/4 S2 114 NW 1/4 Sec TWP 29 p N ❑ S RGE 21 ❑ E g W 287.3 Total Acres Lot/Tract Block Subdivision Name COS Gov't Lot Geocodes(s) see attached list. Purpose of Use County acres 1/4 1/4 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W acres 1/4 1/4 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W acres 1/4 1/4 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W acres 1/4 1/4 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W Total Acres Lot/Tract Block Subdivision Name COS Gov't Lot Geocodes(s) 5. SIGNATURE I DECLARE UNDER PENALTY OF PERJURY AND NDER THE LAWS OF THE STATE OF MONTANA THAT THE FOREGOING IS TRUE At D CT. ' i Seller Signature- C - Date: / r i Seller Signature- Date: Form 641 DNRi C Ownership Update — Divided Interest page 2 PART C - BUYER'S PORTION (Attach additional sheets if necessary. If more than one buyer, add sheets showing each buyer's portion.) 1. BUYER'S NAME City of Kalispell City of Kalispell receives the flaw rate associated with the 33.7 acres described in deed and illustrated 2. PORTION OF WATER RIGHT ACQUIRED on the attadhed figure. Flow Rate (gpm/cfs) set; above (Only if specifically identified in the attached recorded document —see Part B, Number 2) Purpose of Use Irrigation Volume (acre-feet) City receives the volume associated with the 333 acres described in deed Purpose of Use Volume (acre-feet) and illustrated on the attached figure. 3. POINT OF DIVERSION (describe the location to the nearest 10 acres, three quarter sections) SW 1/4 NE 1/4 NE 1/4 Sec 25 TWP 29 ® N ❑ S RGE 22 ❑ E I] W Lot/Tract Block Subdivision Name COS Gov't Lot County Flathead 1/4 1/4 1/4 Sec TWP ❑ N ❑ S RGE ❑ E RZ1 W Lot(Tract Block Subdivision Name COS Gov't Lot County 4. PLACE OF USE Purpose of Use Irrigation County Flathead 33.7 acres 1/4 N2 1/4 NW 1/4 Sec 30 TWP 29 ® N ❑ S RGE 21 ❑ E p W acres 1/4 1/4 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W acres 1/4 1/4 114 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W acres 1/4 1/4 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W 33.7 Total Acres Lot/Tract Block Subdivision Name COS Gov't Lot Geocodes(s) Purpose of Use County acres 1/4 1/4 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W acres 1/4 1/4 1/4 Sec TWP ❑ N ❑ S RGE 0 E ❑ W acres 1/4 114 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W acres —1/4 —1/4 1/4 Sec TW P ❑ N ❑ S RGE ❑ E ❑ W Total Acres Lot/Tract Block Subdivision Name COS Gov't Lot Geocodes(s) 5. SIGNATURE I DECLARE UNDER PENALTY OF PERJURY AND UNDER THE LAWS OF THE STATE OF MONTANA THAT THE FOREGOING IS TRUE AND CORRECT. Buyer Signature: Date: Buyer Signature: Date: Form 641 DNRC Ownership Update — Divided Interest Page 3 WATER RESOURCES OFFICES BILLINGS: AIRPORT INDUSTRIAL PARK, 1371 RIMTOP .DR., BILLINGS MT 59105-1978 PHONE: 406-247-4415 FAX: 406-247-4416 SERVING: Big Horn, Carbon, Carter, Custer, Fallon, Powder River, Prairie, Rosebud, Stillwater, Sweet Grass, Treasure, and Yellowstone Counties BOZEMAN: 2273 BOOT HILL COURT, SUITE 110, BOZEMAN MT 59715 PHONE:406-586-3136 FAX:406-587-9726 SERVING: Gallatin, Madison, and Park Counties GLASGOW; 222 6TH STREET SOUTH, PO BOX 1269, GLASGOW MT 59230-1269 PHONE: 406-228-2561 FAX: 406-228-8706 SERVING: Daniels, Dawson, Garfield, McCone, Phillips, Richland, Roosevelt, Sheridan, Valley, and Wibaux Counties HAVRE: 210 6TH AVENUE, PO BOX 1828, HAVRE MT 59501-1828 PHONE: 406-265-5516 FAX: 406-265-2225 SERVING: Blaine, Chouteau, Glacier, Hill, Liberty, Pondera, Teton, and Toole Counties HELENA: 1424 9TH AVE., PO BOX 201601, HELENA MT 59620-1601 PHONE: 406444-6999 FAX: 406-444-9317 SERVING: Beaverhead, Broadwater, Deer Lodge, Jefferson, Lewis and Clark, Powell, and Silver Bow Counties KALISPELL: 655 TIMBERWOLF PARKWAY, SUITE 4, KALISPELL MT 59901-1215 PHONE: 406-752-2288 FAX: 406-752-2843 SERVING: Flathead, Lake, Lincoln, and Sanders Counties LEWISTOWN: 613 NORTHEAST MAIN ST., SUITE E, LEWISTOWN MT 59457-2020 PHONE: 406-538-7459 FAX: 406-538-7089 SERVING: Cascade, Fergus, Golden Valley, Judith Basin, Meagher, Musselshell, Petroleum, and Wheatland Counties MISSOULA, 2705 SPURGIN RD. BLDG.C, PO BOX 5004, MISSOULA MT 59806-5004 PHONE: 406-721-4284 FAX: 406-542-5899 SERVING: Granite, Mineral, Missoula, and Ravalli Counties MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION Water Resources Division - Water Rights Bureau WEBSITE: http://dnrc.mt.gov/wrd/ Isom: 641 D',,RC Ownership Update —Divided Interest Page 4 KALISPELL NORTH TOWN CENTER COMMON AREA MANAGEMENT PLAN PROPERTY OWNER'S ASSOCIATION Kalispell: North Town Center Property Owner's Association Section 1. An association is hereby established known as the "Kalispell North Town Center Property Owners' Association," herein after referred to as the POA. Said Association may be incorporated under a different name as may be approved by the Montana Secretary of State. Section 2. Every owner orcontract purchaser of a lot shall be a mem ber of the Kalis pe li North Town Center Property Owners" Association. Membership shall be appurtenant to and may not be separate from the ownership of any lot. Each owner shall be responsible for advising the Association of their acquisition of ownership, of their mailing address, and of any changes ofownershipormailing address. The initial address of the Association shall be Stillwater Corporation, PO Box 7338, Kalispell, MT 59904. The address of the Association may be changed by the Board of Directors upon notice to the owners _ Section3. Forthe purposeofdetermining membership, any meeting of person or entity shall be deemed to be a member upon the recording ofa duly executed deed to that owner, or upon the recording ofNotice Of Purchaser's Interestor an Abstract of Contract for Deed showing a contract purchase by an owner. The legal title retained by the vendor selling under contract shall not qualify such vendor for membership. Forec los ure of a mortgage, trust indenture or the termination of forec los u re of a contract for deed wherein title is vested in the mortgage, beneficiary or original sell on a contract, or repossession for any reason of a lot or unit sold under a contract shall terminate the vendee's membership, whereupon all rights to such membership shall vest in the legal owner. Section 4. The annual meeting of the Association shall occur annually on the first Monday of March. Any special meetings may be called by the President, or in the absence of the President, by the Vice - President. In addition, a special meeting shall be held upon call of 50% of the owners. Special meetings shall require seven (7) days' notice, in writing. Notice of annual and special meetings shall be mailed to owners at the address for each owner as provided pursuant to Section 2 of this Article. The presence of members, in person or by written proxy, representing 60% of the total votes of the membership shall constitute aquorum. At the annual meeting, the members shall review and approve a budget for the next year, shall elect Directors to till any expired term or vacant position, and shall conduct such other business as shall be reasonable or necessary to carry out the purpose of the Association. The members shall have the authority to set the number of Directors, which number shall not be less than three (3) nor more than seven (7). Section 5. The annual meeting of the Board of Directors shall be held immediately after the annual meeting of the members. At the annual meeting, the Directors shall elect a President. Vice -President, and Secretarv/Treasurer for the Association from among the Directors, except that the Secretary/Treasurer may be a member who is not a Director. Section 6. The Board of Directors shall serve fora term to be set by a simple majority of the membership, I Page which shall not be for less than one year. Each director shall serve until replaced by his or her successor. Any vacancy on the Board of Directors occurring before the next annual meeting of the members shall be filled by the remaining directors. Section 7. The Board of Directors shall have the power and responsibility of acting on behalf of the Association and its members as shall be reasonably necessary to carry out the purposes of the Association, including but not limited to take such actions as shall be necessary or reasonable to care for, protect and maintain the easements, trails, boundary fences, drainage easements, open spaces; to collect assessments; to set annual and/or special meetings; and to act in any other matters set forth herein or which may serve the development, including the formation of special improvement districts, either public or private, for such improvements as the Association shall approve. The Directors shall act by majority vote. Section 8. The duties of each of the offices shall be as follows: President — The President shall preside over all meetings of the POA. He or she shall call the membership together whenever necessary. The President shall be the general administrative and executive officer of the POA, and shall perform such duties as may be specified, and exercise such powers as may be delegated to the office of President by the Board of Directors. Vice -President — The Vice -President shall exercise the powers of the President in the absence of the President. Secretary — The Secretary shall give notice of all meetings of the POA, and shall keep a record of the proceedings of the reetings of the POA. The Secretary shall be authorized to sign on behalf of the POA, all records, documents and instruments when such are authorized to be signed by the PON Treasurer — The Treasurer shall keep and maintain adequate and correct accounts of the accounts, properties, and business of the POA, including accounts of its assets, liabilities, receipts, disbursements, gains and losses of the POA. The Treasurer shall prepare and report such periodic accountings as shall be required by the PON Commercial Representative — The Commercial Representative shall provide information and concerns related specifically to the Neighborhood Commercial zone, as indicated on Final Plat. Tie Commercial Representative shall carry out actions for all business Owners within Kalispell North Town Center. Section 9. Avacancy in any office of the Association shall be filled by appointment by the Board of Directors at the next annual meeting or the successor duly appointed orelected. Annual and Special Assessments Section 1. Assessments Each owner, whetheror not it shall be so expressed in any deed or contract, is deemed to have agreed to these conditions. and to pay to the Association: -Monthly or Annual assessments or charges; and -Special assessments for capital improvements and reserve assessments, such assessments to be established and collected as hereinafter provided. 21 Page The monthly or annual, special and reserve assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land, and shall be a continuing lien upon the property against which each such assessment is made. Each assessment, together with the interest, costs and reasonable attorney°s fees, shall be the personal obligation of the owner of such property at the time when the assessments are due. Section 2. Purpose of Assessments The assessments levied by the Association shall be used to promote the recreation, health, safety, convenience, and welfare of the owners; for the improvement of roads, repair and maintenance of easements, trails, open space, storm water ponds and associated facilities (per operation and maintenance plan); and for any other purposes, expressed or implied, in these conditions. The annual assessment shall reflect the imposition of an operating assessment upon the lots connected to the community sewer and water system. Section 3. Amount and Approval of Assessments The maximum annual assessment per lot which may be made by the Association in every calendar year shall not substantially exceed the projected and budgeted actual and reasonable costs to be incurred by the Association during the coming year in carrying out the purposes herein set forth, and may include a reasonable reserve for contingencies. The amount of the annual assessments shall be fixed by the Board of Directors of the Association in the following manner: At each annual meeting of the members of the Association, the Directors shall present a proposed budget of theestimated expenses for the Association for the coming year to the members for review, discussion, amendment, comment and approval. The members shall approve or amend the proposed budget by a majority vote of the members present or voting by proxy. After the annual meeting, the Board of Directors shall set the amount of the assessments and the date(s) due for the coming year to cover the budget approved in the manner herein set forth. Section 4. Special Assessments for Capital Improvements and Reserve Assessments In addition to the annual assessments authorized above, the Association may levy special assessments for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction or other capital improvements on the properties and open space, including fixtures and personal property related thereto, provided that any such assessment shall have the approval of two-thirds (2/3) or more of all of the votes of the members who are present, in person or by proxy, atameeting duly called forthatpurpose Special assessments may be levied to be paid over one or more years. Assessments for normal maintenance and repairs shall not require two-thirds (2/3) vote. The Association may levy reserve assessments for the replacement and upkeep of the improvements enjoyed by the Association members. Reserve assessments need not be levied against all lots during any budget cyc le provided that any suc h assessment shall have the approval of two-thirds (2/3) or more of all the votes of the members being assessed. who are present, in person or by proxy, at a meeting duly called for that purpose. Section 5. Uniform Rate of Assessment Annual assessments shall be fixed by the Directors at a uniform rate for each lot w ithin the following two (2)categories: Category ,A: Commercial lots Category B: Residential single family or multi -family. 3 1 P a g e (3) Section 6. Date of Commencement of Annual Assessments: Due Dates Except as herein provided, the annual and special assessments provided for herein shall be due on the date determined by the Board of Directors. The Board of Directors shall fix the amount of the annual assessments against each lot at least thirty days in advance of the due date of each annual assessment, and at least ninety days in advance of a special assessment and reserve assessments. Written notice of the annual and special assessments shall be mailed or personally delivered to every member subject thereto, at their last known mailing address. Section 7. Effect of Nonpayment of Assessments: Remedies of the Association Any assessment not paid within thirty days after the due date shall bear interest from the due date at the rate of ten percent (10%) per annum. The Association may bring an action at law against the owners obligated to pay the same or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the open space or by abandonment of their lot. Upon delivery of the notice of assessment to the owner, the assessment shall be a lien upon the owner's lot until paid. The Association may record a notice of the lien with the Clerk and Recorder of Flathead County, Montana. In the event of non-payment within thirty days after the recording of the notice of lien, the Association may foreclose the lien in the manner set forth under Montana law for the foreclosure of liens against real property. The Association is entitled to collect during an action for delinquent assessments any and all reasonable attorney fees and costs accrued prior to and in association with the collection of delinquent assessments. Section 8. Sale or Transfer of a Lot The sale, transfer or encumbrance of any lot shall not affect the assessment lien if recorded in the records of Flathead County, Montana, or the personal liability of the owner responsible for the assessment. No sale or transfer to a third party with actual or constructive knowledge of an assessment shall relieve such new owner from the liability for any outstanding assessments, or from any assessments thereafter becoming due, or from the recorded lien thereof. Aperson or entity purchasing a lot shall be responsible forchecking with the Association for any outstanding assessments against said lot beforethe closing upon the purchase. Section 6. Open Space and Trail Maintenance The Association shall be responsible for trail maintenance within Kalispell North Town Center. The Association is also responsible for the weed control, mowing, care and maintenance of open spaces and all common area amenities within Kalispell North Town Center. "rile Association may use the provision of Conditions for collecting funds to pay for such maintenance. Section 7. Noxious Weeds In order to comply with the Noxious Weed Management Plans of the Flathead County Weed Control District and the Montana County Noxious weed Control Act, the District requires that the following items be addressed in the Conditions of each subdivision w ithin Flathead COLlllty. The POA is responsible for noxious weed control in all parks, open spaces, community arcs, 4 1 P a g e trails, and roadways within the subdivision not owned by tale city, Each landowner is responsible for the subdivision roadway adjoining their property. The POA will also act as the contact point for any noxious weed complaints within the subdivision. The control of noxious weeds by the POA on those areas for which the POA is responsible and the control of noxious weeds by individual owners on their respective lost shall be as set forth and specified under the Montana Noxious Weed Control Act (MCA 7-22-2101 through 7-22- 2153) and the rules and regulations of the Flathead County Weed Control District. The landowner shall be responsible for the control of the state and county declared noxious weeds on his or her own lot. Both unimproved and improved lots shall be managed for noxious weeds. In the event a landowner does not control the noxious weeds, after ten days notice from the POA, the POA may cause the noxious weeds to be controlled. The cost and expense associated with such weed management shall be assessed to the lot and such assessment may become a lien if not paid within 30 days of themailing ofsuch assessment. The POAis responsible forthe control of state and county declared noxious weeds in the subdivision's parks, open spaces, community areas, trails, and roadways not owned by the city. JIVgn Spaces Section 1. Purpose Open space within the development is proposed for active and passive activities and is to be accessible - for public use. Trails and areas within Kalispell North Town Center will serve as public recreation areas. The trail system shall be used for non -motorized travel on ly. Section 2. Mandatory Requirements Open spaces as designated on the Final Plat, shall be preserved in perpetuity. The Board, among its other duties, shall establish assessments for the taxes, insurance, and maintenance of all open space, roads, trails, and easements under the control and authority of the Association, owners' parks, and parkways. The Association shall be responsible for liability insurance, local taxes and maintenance of recreation and other facilities in designated open spaces. The assessments levied by the Board for the maintenance, upkeep, repair and operation of open space like all other assessments. become a lien on each lot within Kalispell North Town Center. The Board may adjust the assessments to meet the changing needs of the comn1unityand theareas servingthe community. Section 3. Nuisance No Owner, guest or invitee may use or occupy the open space, trails, roads, or any lot in such a manner as to disturb or interfere with the peaceful use, occupancy or enjoyment of any other owner, or guest of Kalispell North Town Center. Section 4. Control and Management The Association shall have the exclusive right and obligation to manage, control and maintain the Open S pac e. 5 1 P a g e Utilities Easement Utility easements for electricity, gas, sewer, communications, telephone, water, television, cable communications, and other equipment shall be underground and are designated on the Kalispell North Town Center plat, Easements for ingress and egress and for utilities shall not be moved, deleted or restricted without the written approval of all the lot owners affected. Utility companies and owners must restore disturbed land to a condition as close as possible to the natural condition of the land before work commenced. Lots l & 2 Block 3 Phase l Lots I & 2 of Block 3, Phase i are required to construct a north -south 24 foot private drive providing access from Cascade Loop to Lincoln Street along the eastern boundary of said lots. The 24 foot private drive does not have to be constructed to City of Kalispell street standards, as it will be considered aprivate drive and part of the Common Area. The private drive will be incorporated into the Common Area Management Plan, and all maintenance costs will be included as part of the annual assessment for the POA. Lots3and4of Block 3 will have an opportunity to connect to the private drive, how ever, connection will not be required. Term,F.nfarcement Applicability, and Change Enfor em p Section 1. The owner of each Lot shall be primarily liable, and the Occupant, if any, secondarily liable for the violation or breach of any condition or restriction herein contained. Violation or breach of any covenant, condition or restriction herein contained shall give to Declarant, or the Association, following thirty (30) days w ritten notice to the Ow ner or Occupant in question except in extenuating circ urnstances, the right, privilege and license to enter upon the Lot where said violation or breach exists and to abate and remove summarily, or abate or remove, at the expense of the Owner or Occupant thereof, any improvement, structure, thing, or condition that may be or exist there on contrary to the intent and meaning of the provisions hereof, or to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these conditions to enjoin or prevent thin from doing so, to cause said violation. No such entry by Declarant, the Association or their agents shall be deemed a trespass, and neither Declarant nor the Association nor their agents shall be subject to liability to the Owner or Occupant of said Lot for such entry and any action taken to rernedy or remove a violation. The cost of any abatement, remedy or removal hereunder shall be a binding personal obligation on any Owner or Occupant in violation of any provision of this Dec laration, as well as a lien (enforceable in the same manner as a trust indenture) upon the Lot in question. The lien provided for in this section shall not be valid as against a bona fide purchaser or mortgagee for value of the Lot in question unless a suit to enforce said lien shall have been filed in a court of record in Flathead County, Montana, prior to the recordation of the deed or mortgage conveyingor encumbering the Lot in question to such purchase or mortgage, respectively. Section 2. Right of Entry. During reasonable hours and upon reasonable notice (24 hours), and subject to reasonable security requirements, the Declarant, the Association or their agents, shall have the right to enter upon and inspect any Lot and the improvements thereon covered by this Declaration for the purpose of ascertaining whether or not the provisions of this Declaration have been or are being complied with, and neither Declarant nor the Association nor their agents shall be deemed to have committed a trespass or wrongfulact by reason of such entry or inspection. 6 1 P a g e Section 3. The tern of the provisions of these conditions shall be binding for a term of fifteen (15) years from the date of these conditions and may be modified, altered or amended during that period only by the Declarant at the Declarant's sole option. After the initial fifteen (15) year period, the conditions should be automatically extended for successive periods of ten (10) years not to exceed three (3) such extensions unless an instrument agreeing to amend, revoke orterminate these conditions has been signed by the Owners of eighty (80) percent of the lots in Kalispell North Town Center. Anything required as a condition of preliminary subdivision approval shall not be altered or amended without the agreement of the govern ing body. Section 4. Enforcement of these conditions shall be by proceedings either at law or in equity against any person or persons violating, or attempting to violate, any condition; and the legal proceedings may either be to restrain violation of these conditions, to recoverdamages, or both. Should any lawsuit or other legal proceeding be instituted by the Association or an owner against an owner alleged to have violated one or more of the provisions of these conditions and should the Association or owner enforcing the provisions of the conditions be wholly or partially successful in such proceedings, the offending owner shall be obligated to pay the costs of such proceeding, including reasonable attorney's fees for all time associated w ith the action. Section 5. The failure of the Dec larant, the Association or an owner, to enforce any conditions contained herein shall not be deemed a waiver or in any way prejudice the rights to later enforce that condition or any other condition thereafter, or to collect damages for any subsequent breach ofthatcondition. The waiver or approval of a variance of a Covenant provision by the Board of Directors, or non -action of the Association or Declarant in the event of a violation of a Covenant by a particular owner or lot, shall not be deemed to delete or waive the Covenant or enforcement thereofas it pertains to other Owners or lots. Section 6. 1 nvalidation of any one of these Conditions by judgment or by Court order shall in no way affect any of the other Conditions or provisions, all of hich shall remain in full force and effect. Section 7. In any conveyance of the above described real property or of any lot thereon, it shall be sufficient to insert a provision in any deed or conveyance to the effect that the property is subject to protective or restrictive Conditions without setting forth such restrictions and Conditions verbatim or in substance in said deed nor referring to the recording data. All of the above described real property and lots shall be subject to the Conditions set forth herein, whether or not there is a specific reference to the same in adeed or conveyance. Section 8. A breach ofany of the foregoing restrictions or Conditions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value upon any lot or portion of the real property or any improvements thereon. However, the Conditions shall be binding upon and shall insure to the benefit of any subsequent owner whose title thereto was acquired by foreclosure, trustee sale or otherw ise. Section 9. After the initial 15-year term for these conditions, the provisions of these Conditions may be changed or amended or additional Conditions added, in whole or in part, by the Association upon approval of two-thirds (2/3) of the votes of the Property Owners` Association at a meeting duly noticed and called for this purpose; provided that, the easements for roads, utilities and common areas shall not be changed without the unanimous consent of all of the Owners affected by thechange. 71Page The President or Vice -President shall execute and record the amendment, change or addition with the Clerk and Recorder of Flathead County, Montana. Any change of these Conditions shall be effective upon the filing and recording of such an instrument in the office of the Flathead County Clerk and Recorder. Any change in these Conditions shall not affect. existing structures and uses of the lots. President aPrintedam gnature Vice -President Printed Name Signature Secretary Printed Name Printed Signature Treasurer Printed Signature Commercial Representative Printed Signature Date Date Date Date Date 81 Page ki /A -: 111%'Z Z nJO LCU {`ZZC H <L Z 0 <c G ry W LLJ z ///a. J a_ 0 0 N O N Q ry co W LL I PIOMEFF►I1r FNVIRONMENTS Kalispell North Town Center — Phase 1 Property Description A tract of land located in the northwest quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the northwest corner of said Section 30, Township 29 North, Range 21 West, P.M.,M., City of Kalispell, Flathead County, Montana; thence S38°34'11"E, 111.48 feet to a point on the east boundary of U.S. Highway 93 right-of-way and the POINT OF BEGINNING; thence EAST, 1129.94 feet; thence SOUTH, 340.77 feet; thence WEST, 256.08 feet to the beginning of a 430.00 foot radius curve to the left; thence along said curve 382.54 feet through an angle of 50058'20"; thence WEST, 436.73 feet; thence SOUTH, 680.11 feet; thence N83"27'28"W, 77.25 feet; thence N89048'47"W, 30.09 feet to a point on the east boundary of U.S. Highway 93 right-of- way; thence along said east boundary through the following five courses: 1) N04°11"1"E, 97.32 feet; 2) N14°12'33"E, 61.91 feet; 3) N00°11'06"E, 940.00 feet; 4) N13°54'44"W, 61.80 feet; 5) N00014'37"E, 13.90 feet to the POINT OF BEGINNING, said tract contains 12.486 acres, all as shown hereon, Me A tract of land located in the northwest quarter and southwest quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the west quarter corner of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence N88°56'08"E 1338.89 feet to the POINT OF BEGINNING; thence N89"36'32"E 333.62 feet; thence SO°23'28"E 723.10 feet; thence S89°36'32"W 333.60 feet; thence NO°23'35"W 723.10 feet to the POINT OF BEGINNING, said tract contains 5.538 acres, all as shown hereon. Subject to and together with easements as shown. Subject to and together with easements of record. c:\users\jnygrenlappdata\local\microsoft\windows\inetcache\content.outlook\xw86coz7\kntc phase 1 property description.docx http:r/www.dayroup.corn E-mail mto@ctagroup com