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I2. Owl View Final PlatPlanning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Senior Planner SUBJECT: Final Plat request for Owl View Subdivision MEETING DATE: February 20, 2018 BACKGROUND: Our office has received an application for final plat approval from Sands Surveying, on behalf of Owl Corporation, for a 3-lot multi -family residential subdivision on a 3.8- acre tract of land. The subject property to be subdivided is located along Sawyer Lane, approximately 130 feet west of Taelor Road and north of Old Reserve Drive. The general location of the property is a tract of land, lying, and being within the SW4 of the SW4 of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. A more precise legal description of the subject property is attached as Exhibit "A". The Kalispell City Council approved the preliminary plat with 16 conditions on January 4, 2016. All of the conditions have been met or otherwise adequately addressed. RECOMMENDATION: It is recommended that the City Council approve the final plat for Owl View Subdivision. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: February 2, 2018 Aimee Brunckhorst, Kalispell City Clerk PLANNING FOR THE FUTURE February 2, 2018 Doug Russell, City Manager City of Kalispell 201 1st Ave E Kalispell, MT 59901 145110Mfl 91 WX Re: Final Plat request for Owl View Subdivision Dear Doug: Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Our office has received an application for final plat approval from Sands Surveying, on behalf of Owl Corporation, for a 3-lot multi -family residential subdivision on a 3.8-acre tract of land. The subject property to be subdivided is located along Sawyer Lane, approximately 130 feet west of Taelor Road and north of Old Reserve Drive. The general location of the property is a tract of land, lying, and being within the SW4 of the SW4 of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. A more precise legal description of the subject property is attached as Exhibit "A". The Kalispell City Council approved the preliminary plat with 16 conditions on January 4, 2016. All of the conditions have been met or otherwise adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval contained within Resolution No. 5748. COMPLIANCE WITH CONDITIONS OF APPROVAL General Conditions: That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. Staff Response: This condition has been met. The final plat conforms with the preliminary plat approved by city council along with the Conditional Use Permit approved by the city council for a 40-unit multi -family complex on June 5, 2017. 2. 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. The preliminary plat expires January 4, 2019. 3. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. The design shall be certified in writing by a professional engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. Staff Response: This condition has been met. See approval let from Kalispell Public Works dated June, 2, 2017 and MDEQ letter dated June 9 and June 12, 2017. 4. Water and sewer main extensions shall be designed and constructed in accordance with the current City of Kalispell's Standards for Design and Construction and Montana Public Works Standard Specifications. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built as designed and approved. Staff Response: This condition has been met. See approval let from Kalispell Public Works dated June, 2, 2017 and MDEQ letter dated June 9 and June 12, 2017. 5. Roadway and utilities located within the Gunnar Drive right-of-way shall be extended to the west property lines of Lots 2 and 3. Staff Response: This condition has been met. Sawyer Lane (previously Gunnar Drive) has been extended to the west property lines of Lots 2 and 3. 6. Access to Lot 1 shall be restricted to the alley proposed along the western property line. Staff Response: This condition has been met. Lot 1 only gains access off of the private alley along the west property line. 7. Public services for the proposed lots shall not come from the utilities located within the Old Reserve Drive right-of-way, but from the extension of the utilities along Gunnar Drive. Staff Response: This condition has been met. See approval let from Kalispell Public Works dated June, 2, 2017 and MDEQ letter dated June 9 and June 12, 2017. 8. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater 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. Staff Response: This condition has been adequately addressed. See attached Kalispell Public Works letter dated June 2, 2017. 9. 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 Stormwater Discharge Associated with Construction Activities. Staff Response: This condition has been met. See attached Notice of Intent for Owl View Landing dated June 28, 2017. 10. 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. See letter from Public Works Department dated December 28, 2017. 11. 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 (2012). 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 (2012). 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. See letter for Kalispell Fire Chief dated May 17, 2017. 12. 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. Alley easements shall be labeled as private. 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 has reviewed all of the easements in the final plat and determined them to be accurate. 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 language is shown on the final plat. 14. If Lots 2 and 3 are developed as residential, the developer shall dedicate to the city a cash or land dedication equal to .03 acres per dwelling unit at the time of building permit. Staff Response: This condition is adequately addressed. This condition was preempted by the approval of the conditional use permit for the multi -family project. See Developer's Agreement dated 12/13/2017. 15. All utilities shall be installed underground. Staff Response: This condition is adequately addressed. There is a note in the final plat indicating that all utilities shall be installed underground. 16. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition is adequately addressed. There is a note on the final plat indicating that all areas disturbed during development shall be re -vegetated with a weed free mix immediately after development. 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 RA-2 zoning for 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 Owl View Subdivision. Please schedule this matter for the regular city council meeting on February 20, 2018. Attachments: - Two mylars of final plat - 11 x 17 copy of final plat - Applicant responses dated 1/18/2018 - Final plat application - Stewart Title Company Report G-0000-596206998 - Declarations and Covenants - Flathead County tax certification dated 11/21/2017 - Letter from Kalispell Public Works Department (engineering approval) dated 6/2/2017 - Letter from Kalispell Public Works Department (acceptance of improvements) dated 12/28/2017 - Montana Department of Environmental Quality approval letters dated 6/9/2017, 6/12/2017 and 6/28/2017 Kalispell Fire Department letter dated 5/17/2017 - Developer's Agreement for recreational amenities requirement - Legal Description c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: Eric Mulcahy, Sands Surveying 2 Village Loop Kalispell, MT 59901 Exhibit "A" A TRACT OF LAND, SITUATED, LYING, AND BEING IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: Commencing at the southwest corner of Section 25, Township 29 North, Range 22 West, P.M.,M., Flathead County, Montana, which is a found aluminum cap at the centerline intersection of Old Reserve Drive and Stillwater Road; Thence along the south boundary of said Section 25 S89°53'02"E 1053.89 feet; Thence leaving said boundary N00°00'23"E 40.00 feet to a found iron pin and the intersection of the westerly R/W of a 60 foot city street known as Taelor Road and the northerly R/W of Old Reserve Drive and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED: Thence along the northerly R/W of said Old Reserve Drive N89°53'02"W 400.02 feet to a set iron pin; Thence leaving said R/W N00°00'23"E 540.82 feet to a set iron pin; Thence N89°59'11"E 260.02 feet to a found iron pin; Thence S00°00'23"W 360.00 feet to a found iron pin on the southerly R/W of a 60 foot city street known as Sawyer Lane; Thence along said R/W N89°59'11"E 129.99 feet to a found iron pin and the P.C. of a 20.00 foot radius curve, concave southwesterly, having a central angle of 90'01' 12"; Thence along an arc length of 31.42 feet to a found iron pin on the westerly R/W of said Taelor Road; Thence along said R/W S00°00'23"W 29.97 feet to a found iron pin and the P.C. of a 44.00 foot radius curve, concave northwesterly, having a central angle of 23°33'23"; Thence along an arc length of 18.09 feet to a found iron pin and the P.R.C. of a 76.00 foot radius curve, concave southeasterly (radial bearing S66°26'14"E); Thence southwesterly along said curve and along said R/W through a central angle of 23°33'23" an are length of 31.25 feet to a found iron pin; Thence S00°00'23"W 83.79 feet to the point of beginning and containing 3.828 ACRES; Subject to and together with all appurtenant easements of record. The above described tract of land shall hereafter be known as: OWL VIEW SUBDIVISION Cii TiL 7 1 ci v FINAL PLAT APPLICATION Project /Subdivision Name: Owl View Subdivision Contact Person: Name: Sands Survevinc4, Attn: Eric Mulcah Address: 2 Village Loop Kalispell, MT 59901 Phone No.: (406) 755-6481 Date of Preliminary Plat Approval: January 4, 2016. Type of Subdivision: Residential X Industrial Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 ww .lcalisl2ell.com/ It1p vain; Owner 8s Mailing Address: Owl Corporation, Attn: Mark Owens 500 Palmer Drive Kalispell, MT 59901 (406) 2752-5666 Commercial PUD Other Total Number of Lots in Subdivision 3 Lots Land in Project (acres) 3.828 acres Parkland (acres) N/A Cash -in -Lieu $ N/A addressed in CUP No. of Lots by Type: Single Family Duplex Commercial Condominium Townhouse Apartment Industrial Multi -Family 3 Mobile Home Park Exempt Recreational Vehicle Park Planned Unit Development Other Legal Description of the Property Owl View Subdivision, Section 25 Township 29 North Range 22 West, P.M.M., Flathead County FILING FEE ATTACHED $ 1550.00 Minor Subdivision with approved preliminary plat Major Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement $400 + $125/lot $800 + $125/lot $800 + $125/lot $50 1 Attached Not Applicable (MUST CHECK ONE) X Health Department Certification (Original) Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach collateral) Parkland Cash -in -Lieu (Check attached) Maintenance Agreement Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 Copy 11X17 Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is 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 SANDS SURVEYING, INC. 2 Village Loop Road Kalispell, MT 59901 406-755-6481 Fax 4o6-755-6488 January 18, 2018 City of Kalispell Planning Department 17 2nd Street East Kalispell, MT 59901 RE: Final Plat submittal for Owl View Subdivision. Dear Planning Office: KALISPELL BUILDING DEPARTMENT This cover letter is intended to give an overview of the conditions of approval and the supporting documentation for meeting the conditions for Owl View Subdivision. The Kalispell City Council granted preliminary plat approval of the subdivision on January 4, 2016 by Resolution 5748. The required improvements are in place and accepted and the applicant is not submitting a Subdivision Improvements Agreement. Preliminary Plat Conditions Condition #1: That the development of the subdivision 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. This condition is met. The final plat confonns to the preliminary plat approved by the City Council along with the Conditional Use Pen -nit approved by the City Council on June 5, 2017. Condition #2: The preliminary plat approval shall be valid for a period of three years from the date of approval. This condition is met. The preliminary plat expires on January 4, 2019. Prior to Final Plat Condition #3: New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. The design shall be certified in writing by a professional engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. This condition is met. See approval letter from Kalispell Public Works dated June 2, 2017 and from MDEQ dated June 9 and June 12 of 2017. Condition #4: Water and Sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built as designed and approved. This condition is met. See approval letter from Kalispell Public Works dated June 2, 2017 and from MDEQ dated June 9 and June 12 of 2017. Condition 45. Roadway and utilities located within the Gunner Drive right-of-way shall be extended to the west property line of Lots 2 and 3. This condition is met. The road name Gunner Drive was changed to Sawyer Lane with the final plat of Owl View Townhomes. Condition #6: Access to Lot I shall be restricted to the alley proposed along the western property line. This condition is met. Condition #7: Public services for the proposed tots shall not come from the utilities located within the Old Reserve Drive right-of-way, but from the extension of the utilities along Gunner Drive. n This condition is met. Condition #8: The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater 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. This condition is met. See approval letter from Kalispell Public Works dated June 2, 2017 and from MDEQ dated June 9 and June 12 of 2017. Condition #9: The developer shall submit to the Kalispell Public Works Department prior to construction an erosion sediment control plan for review an approval and a copy of all documents submitted to the Montana Department of Envirotu-nental Quality for the General Pern-ift for Stormwater Discharge Associated with Construction Activities. This will be secured by the contractor. See attached Notice of Intent for Owl View Landing dated June 28, 2017. Condition 410: 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 the unfinished work. This condition is met. Condition #11: The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: a) Water main designed to provide minimum fire flows shall be installed per City specifications as approved locations. Minimum fire flows shall be in accordance with the International Fire Code. Owl View Subdivision b) Fire hydrants shall be pervaded per City specifications ant 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 final 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 This condition is met. See letter from the Kalispell Fire Chief. Item (d) is on the face of the plat and the road name was selected and approved in a previous plat. Condition #12: 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, Alley easements shall be labeled as private, A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. This condition is met. The easements appear on the face of the plat. Condition #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 easernent 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." Developers Signature `flus condition is met. The statement appears on the face of the final plat. Prior to Building Permit Issuance Condition #14: If lots 2 and 3 are developed as residential, the developer shall dedicate to the city a cash or land dedication equal to 0.03 acres per dwelling unit at the time of building permit. This condition has been preempted by the issuance of a conditional use permit for the multi- family project. Ongoing Conditions Condition #15: All utilities shall be 'installed underground. This condition is met. Condition #16: All areas disturbed during development shall be re -vegetated with a weed free mix innnediately after development. This condition is met. A title report is included with this application. Taxes are paid in full. Should you have any questions regarding this final plat application. please contact me at 755-6481. Owl View Subdi\ision Sincerely, 4E�' Eric H. Mulcahy, AICP Sands Surveying Inc. Attaclunents: City of Kalispell Final Plat Application Developers Agreement LOC - Glacier Bank $25,000 Letter - Owl Corporation (11/28/17) CC&R's (Signed not yet recorded) Letter - Kalispell Public Works Department (6/2/17) Letter - Kalispell Public Works Department (12/28/ 17) MDEQ letter (EQ-17-1841, Dated 6/9/17) MDEQ Letter (6/12/17) MDEQ - NOl (6/28/17) Letter - Kalispell Fire Department (5/17/17) Title Report Stewart (File # 63555, Guarantee # G-0000-561211398, Date 10/30/17) Tax Certification (11 /21 / 17) Owl View Subdivision 4 June 2, 2017 Ms. Stephanie Reynolds WGM Group, Inc. 4311 1 " Ave West Kalispell, NIT 59901 RE: Owl View Landing — Plan Review Dear Ms. Reynolds, The revised construction drawings received May 18, 2017 are hereby approved contingent upon the following items: As -Construction drawings shall be provided to meet the standards of the City of Kalispell, Standard 3. 1.7.E; utility systems shall be shown in NAVD 88 and Montana State Plane International Feet. The applicant shall provide satisfactory means of ensuring that property will be maintained with common ownership in perpetuity as indicated in the May 17, 2017 letter from WGM Group. Satisfactory means would include Conditions, Covenants and Restrictions prepared and recorded restricting transfer of unique parcels to unique owners. Provisions would be required to have City of Kalispell acceptance or any modifications prior to recording. Alternative means would be aggregating parcels, revised subdivision approval for the parcel with the club house and stormwater pond to be common space or providing utility easements for the storrnwater collection, treatment and flow control structures south of Sawyer Lane. The deviation requests are granted for the following: a. Standard 4.8.7.B.Il.e, eliminate the 24" inininium catch basin sump within CB-7 for purposes of maximizing separation at crossing of public water mains. b. Standard 4.8.5.D.VIII.a, eliminate the 0.1 ft. drop between invert -in and invert -out within catch basins. Additional Conditions: • This approval does not relieve you, nor the contractor from designing or construction this project in accordance with the standards currently in effect. • The only deviations from City of Kalispell Desip and Construction Standards approved are as listed above. • Any changes to these approved plans shall be submitted and approved by Public Works prior to construction. • This approval is for the Public Works Department only and does not necessitate full City approval. If more than 18 months lapse before complete construction., plans and specifications must be resubmitted and approved before construction continues. Please contact Mark Crowley at 149-2485 to set up a pre -construction meeting, prior to beginning construction. No work may proceed within City right-of-way until a right-of-way permit has been approved for each contractor or subcontractor working within the right-of-way. At project completion, Please provide the City with record drawings. We look forward to working with you on this project. Sincere] Susie Turner Director of Public Works cc: Emily Gillespie, PE, Montana Department of Environmental Quality Mark Crowley, CoK PW 2 June 12.2O17 Stephanie Reynolds, PE VVGK3Group 151 Business Center Loop, Suite A Kalispell, MT59SU1 Re: City mfKalispell —PVVSID#MT000258 Owl View Landing Condominiums — Water 0`Sanitary Sewer Main Extensions EQ#17-1840 Approval Dear Ms. s: Thank you for the plans and specifications and engineering report for the proposed water and sewer main extensions associated with the Owl View Landing condominiums in Kalispell, received April 7, 2017, under the Professional Engineer's seal ofStephanie A. Reyno|dn.#2O574PE. The proposed water and sewer extension was reviewed in accordance with Circular DEQ-1 design standards, 2014 Edition and Circular DEC)-2design standards, 2012Edition. City ofKalispell approval was received onJune 2.2017. The Owl View Landing condominiums development received approval of the Municipal Facility Exclusion onJune S.2817. As such, the City of Kalispell is responsible for the on -site storm water runoff review within this development. The plans and specifications for the water and sanitary sewer mains proposed in Sawyer Lane, received April 7, 2017, are hereby approved, One copy of the plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. A second set will be retained as Department Record. The water main extension includes installation of: approximately 2GOfeet of8-inohdiameter water main (C900 PVC CL150) /netm||eU within the Sawyer Lane righL'of-vvay, one gate ve|ve, one fire hydrant assembly, one connection tothe existing water main and one dead end cap, Adomestic service and fire (sprinkler system) service to extend to each of the five condo buildings are planned. Due to the fire walls proposed to be constructed between each living unit, each unit being under 3600 aq ft. and the internal fire sprinkler system proposed throughout the structures, the 2012 International Fire Code requires afire hydrant flow uf15OUgpmat2Opsi for 2hours. Fire hydrant flow testing and water modeling illustrate that fire flow in excess of 2000 gpm at 20 psi can be provided. The sanitary sewer main extension includes installation of: approximate|y25O feet of 8-inch diameter gravity sewer main (5UMJ5 PVC).one new manhole and connection toone existing manhole. Five service connections are planned toserve the five condo buildings. City of Kalispell - PWSID#MT000259 Owl View Landing Condominiums - Water & Sanitary Sewer Main Extensions EQ#17-1840 Approval June 12, 2017 Page 2 of 2 Approval is given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. The project may not be placed into service until the project engineer or designer certifies by letter to the Department that the activated portion of the project was constructed in substantial accordance with the plans and specifications approved by the Department and there are no deviations from the design standards other than those previously approved by the department. Within 90 days after the completion of construction, a complete set of certified "as -built" drawings must be signed and submitted to the department. It is further understood that construction will be completed within three years of this date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. This three-year expiration period does not extend any compliance schedule requirements pursuant to a Department enforcement action against a public water or sewage system. Department approval of this project covers only those portions of the plans and specifications that are subject to the Department's review authority under the Public Water Supply Laws (MCA 75-6) and the Administrative Rules promulgated thereunder (ARM 17.38). This approval does not cover items found within the plans and specifications that are outside of the Department's review authority, including but not limited to: electrical work, architecture, site grading or water and sewer service connections. Thank you for your efforts regarding this submittal. If you have any further questions, please contact meat (406) 755-8979 or egillespie c('r7.mt.gov Sincerely, �4117l� r r Emily J. Gillespie, P.E. Public Water Supply and Subdivisions Bureau Copies: Owl Corporation, 500 Palmer Drive, Kalispell, MT 59901 Keith Haskins, City of Kalispell Public Works Wendee Jacobs, Flathead County Environmental Health MDEQ Plan Review File 500 Palmer Drive Kalispell, MT. 59901 Office (406) 752-5666 Fax (406) 752-5670 November 28, 2017 City of Kalispell Public Works Department Attn: Mark Crowley 201 P Avenue East Kalispell, MT 59901 RE: Owl View Landing Transfer of Ownership Request Dear Mr. Crowley, Construction of the above -referenced project is now complete. As part of the City of Kalispell's project completion requirements, I am requesting that the new infrastructure placed within City of Kalispell right-of-way be transferred to City of Kalispell ownership and subsequently be maintained by the City of Kalispell. Sincerely, Mark Owens Owner Public ff'orks Department MON TA Y A 201 1" Avenue East, P.O. Box 1997, Kalispell, MT 59903 Plione (406)758-7720 — Fax (406)758-7831 wime.kalispell. coot Stephanie Reynolds, PE Project Engineer WGM Group 431 1st Avenue West Kalispell, MT 59901 December 28, 2017 Re: Owl View Landing Dear Stephanie, Our office is in receipt of the submittals dated December 15, 2017. They include the Record Drawings, engineering certification, costs and quantities tabulation and other required items. The Public Works Department herewith accepts the construction of the subdivision improvements. Thank you for your help in bringing this project to completion. Professionally, Mark Crowley 1 Construction Manager De EQ-41" Montana Department o* Environmental Quality WGM Group Inc I I I I East Broadway Missoula MT 59802 Dear Sirs; ECEIVE JUN 12 2017 'WGM GROUPINC. June 9, 2017 ? RE: Owl View Condominiums Municipal Facilities Exclusion EQ# 17-1841 City * Y 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 76-4-13 1. 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 lenglish�!)nit. (�)v cc: City Engineer County Sanitarian Owner file Steve Bullock, Governor I Tom Livers, Director I P.O. Box 200901 1 Helena, MT 59620.0901 1 (406) 444-2544 1 www.deq.mt.gov DEQ June 28, 2017 SANDRY CONSTRUCTION CO INC 200 BASIN VIEW DRIVE BIGFORK MT 59911 RE:Confirmation Letter, Notice of Intent (NOI) Number MTRIO6964, OWL VIEW LANDING Dear MARK SANDRY: The Department of Environmental Quality (DEQ) is acknowledging receipt on 6/28/2017 of your complete Notice of Intent (NO1) 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 MTR106964. 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 applicable 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 with the 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, GoveTtor t tom livers, Director I P 0 BOX 200M 1 Helena. MT 59620,0001 1 (406) 444-2544 1 v deq.mt6ov KALISPELL FIRE DEPARTMENT Dave Dedman - Fire Chief PO Box 1997 .ion Campbell Assistant Fire Chief �� all First Avenue Fast Ccc Lee - Executive Secretary Kalispell. Montana 59901 Phone: (406) 758-7760 pa' FAX 1406) 758-7777 Wednesday, May 17, 2017 Stephanie Reynolds, P.E. WGM Group 431 1" Avenue West, Kalispell MT 59901 Re: Owl View Landing Dear Miss Reynolds, After Reviewing the information and available plans for the Owl View Landing project, I find the fire flows and hydrant layout acceptable. If you have any questions please feel free to contact me. Dave Dedman, Fire Chief Kalispell Fire Department "Protecting ow- commcurio with the highest level of professionalism. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF OWL VIEW SUBDIVISION THE UNDERSIGNED, Owl Corporation, (herein "Developer") of 500 Palmer Drive, Kalispell, Montana 59901, hereby encumbers and restricts the herein -described real property with the Covenants, Conditions and Restrictions set forth below. The real property affected by these Covenants, Conditions and Restrictions is located in Flathead County, Montana, and is more particularly described as follows: See Exhibit A attached hereto and by this reference incorporated herein. Said property is herein sometimes referred to as "Owl View Subdivision." From and after the date this document is recorded with the Flathead County Clerk and Recorder's office, such property shall not be used, nor shall any activities be conducted on such property, where such is in violation of these Covenants, Conditions and Restrictions. I. PURPOSE, USE AND ACTIVITIES: The purpose of these Covenants, Conditions and Restrictions is to ensure that that Lot 1 of Owl View Landing retains the drainage facility that supports the development of Lots 1, 2, and 3 of Owl View Subdivision. A. No use of Lot 1 shall damage or encroach into or onto the drainage facility approved by the City of Kalispell and constructed as part of the Owl View Landing multi -family development and Owl View Subdivision. This covenant does not prohibit the construction of a support building or office use for the multi -family development in the future. B. The drainage facility on Lot 1 is for the benefit of all three lots of Owl View Subdivision and shall remain in perpetuity or until such time as the City approves an alternate drainage facility that is constructed to serve the three lots. C. Owners of any lot in Owl View Subdivision has the right to enter Lot 1 to perform maintenance of the drainage facility as needed. II. IIOIIEOWNERS ASSOCIATION: A. Each property owner covenants and agrees that he/she will become and remain a member of the Owl View Subdivision Homeowners Association ("Association"), so long as the property owner retains any interest in any property located within this subdivision. By accepting the conveyance of the property, the owner binds himself to abide by the bylaws and reasonable rules and regulations of the Association which may be adopted by the Board of Directors from time to time. B. The property owner agrees to pay to the Association such annual dues and assessments as the Board of Directors shall fix and determine, and said dues and assessments shall Declaration of Covenants., Conditions and Restrictions,,Owl View Subdivision Page 1 of 7 be paid at such time as the Board of Directors shall determine. Such dues and assessments may include amounts for operation of the Association, legal and accounting fees, and any and all other matters determined to be appropriate by the Association and approved or assessed in accordance with the applicable rules and procedures of the Association. The Association dues and assessments shall be the same for each lot of the Subdivision regardless of size. C. The Association shall be formed at a time to be designated by the Developer but in any event no later than within sixty (60) days of the entire development being sold. The Association shall consist of the owners of each lot of the Subdivision. The owner(s) of each lot shall be entitled to a single vote in the Association for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members of the Association. The vote for such lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any lot. Notwithstanding the foregoing, it is hereby declared, understood and agreed that at all times hereafter during which Developer owns one or more lots in the subdivision, Developer shall be entitled to three (3) votes for each lot that it owns within the subdivision until such time as Developer has transferred to third parties all property within the subdivision in which Developer currently owns an interest. Voting may occur on matters such as election of a Board of Directors for the Association, assessment of the Association dues and assessments (if such is not deten-nined by the Board of Directors of the Association pursuant to the applicable rules and procedures set forth within the Association's organizational documents) amendment of these Covenants, Conditions and Restrictions, and such other matters which require a vote or an election by owners of lots within the Subdivision. In all such elections or votes, Developer shall be entitled to three (3) votes for each lot that it owns as of the date of any such vote or election. D. The Board of Directors may make reasonable annual assessments to the lot owners and such assessment may be collected in a suit subject to the provisions stated below for the enforcement of covenants, and may become a lien upon a lot by filing by the Board of Directors of a lien which shall describe the lot, state the amount of the unpaid assessment and the date of such assessment. A lot owner whose lot is subject to such lien must pay the assessment, interest at fifteen percent (15%) per annum until paid, costs for preparation of the lien and lien release, and all recording fees before the lien is released. The Association is empowered to initiate any legal action to enforce payment of any past -due assessments or dues, including an action to foreclose any lien on a subdivision lot. This lien may also be foreclosed in the manner of foreclosure for mortgages. In the event of litigation, the prevailing party shall be entitled to attorney's fees and costs. E. Lot owners are encouraged to remain active members of the Association. Each owner is a member of the Association by virtue of his/her acquisition of the lot. Upon sale, such membership shall be deemed automatically transferred from the foriner lot owner to the purchaser of such lot. Declaration of Covenants. Conditions and Restrictions -Owl View• Subdivision Page 2 of 7 F. Association dues and assessments shall be determined from time to time by the Association. Notwithstanding anything contained herein to the contrary, no amount shall be assessed or otherwise charged to Developer with respect to any lots owned by Developer, nor shall Developer's lots be encumbered, liened or otherwise charged for any such dues or assessments. The foregoing shall include Association dues and assessments, and any other amounts charged, levied or assessed any subdivision lot owner with respect to ownership of property within the subdivision, with the exception of real property taxes and assessments on subdivision common properties. III. ASSESSMENTS: A. Each owner of any lot, by acceptance of the deed to a lot, whether or not it shall be so expressed in such deed, is deemed to covenant and agree, to pay to the Homeowners Association of Owl View Subdivision for common expenses as provided herein, including Annual Assessments, Special Assessments, Road Assessments and Default Assessments (collectively "Assessments"). Common expenses shall include but not be limited to the maintenance of drainage facilities on Lot 1. B. Annual Assessments. (a) The Board of Directors may levy upon and subsequently collect from each owner an Annual Assessment for each lot. The Annual Assessment shall reflect the Board's estimate of the requirements of the Homeowners Association to cover items including, without limitation, expenses of management; premiums for insurance coverage as deemed desirable or necessary by the Homeowners Association for routine renovations-, legal and accounting fees; management fees; expenses and liabilities incurred by the Homeowners Association under or by reason of this Declaration; payment of any deficit remaining from a previous assessment period; and the creation or supplementing of a reserve find for general, routine maintenance, repairs and replacement of improvements on a periodic basis, as needed. M The Annual Assessment shall be equal for each lot, unless the Board of Directors determines in good faith that a portion of the Annual Assessment benefits fewer than all the lots, in which case such portion shall be assessed only against the benefited lots. The initial Annual Assessment shall be in the sum of per year. (d) Payment of the Annual Assessment shall be due and payable annually on February 28 of each year or in installments or otherwise. as the Board of Directors may provide. (e) For lots that are sold by Developer (luring a year, the Annual Assessments shall be prorated and paid by the purchaser at closing. Declaration of Covenants, Conditions and Restrictions'Owl View Subdivision Page 3 of 7 C. Default Assessment: (a) Any cost or expense (including attorneys fees) incurred by the Homeowners Association as a result of the failure of an owner to abide by the provisions of this declaration, or any expense of the Homeowners Association. which is the obligation to an owner or which is incurred by the Homeowners Association on behalf of the owner pursuant to this declaration, or any charge or other monetary obligation of an owner under this declaration (other than a Special Assessment or Water Assessment) constitutes a Default Assessment. (b) Default Assessments are levied against the lot or lots of an owner who incurs a Default Assessment. (c) Default Assessments shall be immediately due and payable by the owner, upon notice from the Homeowners Association of the amount of the Default Assessment. D. Remedies for Nonpayment of Assessment: Any installment of an Assessment which is not paid within thirty (30) days after its due date will be delinquent. In the event of such delinquency, the Homeowners Association may take any or all of the following actions. (a) Assess a late charge for each delinquency at uniform rates set by the Board of Directors from time to time; (b) Charge interest from the date of delinquency at uniform rates set by the Board of Directors from tune to time; (0 Suspend the voting right of the owner during any period of delinquency, (d) Accelerate all remaining Assessment installments for the fiscal year in question so that unpaid Assessments for the remainder of the fiscal year will be due and payable at once, (e) Bring an action against the owner personally obligated to pay the delinquent Assessment charges; (f) File a statement of lien with respect to the lot and foreclose as set forth in more detail below. The remedies provided under this declaration will not be exclusive, and the Homeowners Association may enforce any other remedies to collect delinquent Assessments as may be provided by laws. Declaration of Covenants- Conditions and Restrictions. O\vl Vie-vAr Subdivision Page 4 of 7 E. Assessment Lien: Any Assessment chargeable to a lot will constitute a lien on the lot, effective the due date of the Assessment. If the Assessment is not paid within thirty (30) days of its due date, the Homeowners Association may prepare and record a written lien statement with respect to the lot, setting forth the name of the owner, the legal description of the lot, the name of the Homeowners Association, and the delinquent Assessment amounts then owing. Any such statement will be signed by an officer or director other Homeowners Association, and will be served upon the owner of the lot by mail to the address that the Homeowners Association has in its records for the owner. Thirty days following the mailing of such notice to the owner, the Homeowners Association may proceed to foreclose the statement of lien in the same manner as provided for the foreclosure of mortgages under the statutes of the State of Montana. The Homeowners Association will have the power to bid on a lot at foreclosure sale and to acquire, hold, lease, mortgage and convey the lot. IV. GENERAL PROVISIONS: A. These Covenants, Conditions and Restrictions are to run with the land and shall be binding on all parties, and all persons claiming under them, for a period of thirty (30) years from the date these Covenants, Conditions and Restrictions are recorded, after which time said Covenants, Conditions and Restrictions shall be automatically extended for successive periods of ten (10) years unless an instrument signed by seventy percent (70%) of the owners of the lots within the subdivision has been recorded agreeing to change said Covenants, Conditions and Restrictions in whole or in part. Any such amendment to these Covenants, Conditions and Restrictions shall be executed by the officers of the Association and recorded on the public records with the office of the FIathead County Clerk and Recorder. Any such amendment shall include a statement under oath that the required percentage of lot owners approved such amendment. B. Each property owner and every person hereinafter holding any right, title or interest in any lot of the subdivision shall have the right to prevent or stop violation of any of the said restrictions by injunction or other lawful procedure, in law or in equity, against the person(s) violating or threatening to violate these Covenants. Conditions and Restrictions. Additionally, the Association or Developer shall have the tight to bring legal or equitable action to enforce these Covenants, Conditions and Restrictions. Any person who shall prosecute an action successfully may recover any darnages resulting from such violation, and it is expressly understood by any person purchasing any property within the subdivision that if an action is successfully brought against such individual for a violation of these Covenants, Conditions and Restrictions, reasonable attorney's fees and costs shall be recoverable by the prevailing party, and if the party seeking to enforce these Covenants, Conditions and Restrictions is successful, such party shall also be entitled to recover any damages he/she/it incurred as a result of the violation which resulted in such litigation. Declaration of Covenants; Conditions and Restrictions O�vl View Subdivision Page 5 of 7 C. Invalidation of any one of these Covenants, Conditions and Restrictions by judgment or court order shall in no way affect any of the other provisions, which shall remain in fall force and effect. Declaration of Covenants. Conditions and Restrictions Owl View Subdivision Page 6 of 7 IN WITNESS WHEREOF these Covenants, Conditions and Restrictions were executed this day of Joy,,L j-4, �q , 20 I�. STATE OF MONTANA ss County of Flathead Owl Corporation By: On this 1914" day of 24, before me a Notary Public for the State of personally appeared whose naive is subscribed to the foregoing instrument and acknowledged to me that they executed the same. LAURiE ECK T ED JPt Sf ° P, NOTARY PUBLIC for the h, —i �ryTAR �C ; State of Montana Residing at Kallopoll, Montana Signature: ley COMMIGglon F- plrea Peb grli 41, 2021 Declaration of Covenants, Conditions and RestrictionsiOi l Vic": Subdivision Pave 7 of 7 t A THIS AGREEMENT, made and entered into this &�day of December 2017, by and between OWL CORPORATION, LLC, hereinafter called the "Developer", and the CITY OF KALISPELL, State of Montana, hereinafter called, the "City": WHEREAS, Developer applied for a Conditional Use Permit (CUP) for the 40 units of apartments which was granted for the Owl View Landing subdivision by the Kalispell City Council. on June 5, 2017 in accordance with the Kalispell Zoning Ordinance; and WHEREAS, Condition 6 of the CUP states, "A minimum of 500 square feet of land per unit which has recreational value determined by the Kalispell Parks and Recreation Director, or recreational amenities equivalent to the fair market value of 500 feet of land shall be provided; and 0 WHEREAS, the 40 units approval of the CUP is the first phase of Owl View Landing and there will be additional phases proposed on the remaining RA-2 lands owned by the Developer. The Developer intends to construct a recreational amenity/club house in Phase 2 of Owl View Landing, which will provide a more centralized location for the residents of the multi -family community. WHEREAS, it is the intent and purpose of both Developer and the City to hereby enter into an agreement, which will guarantee the full and satisfactory completion of the recreational amenity. THEREFORE, the parties agree as follows: 1. This agreement pertains to and includes the proposed development, which is designated and identified as Owl View Landing, a 40-unit multi -family residential project. 2. This agreement specifically addresses the recreation amenity. The 40-unit apartment project is required to provide 20,000 square feet of recreational area or cash equivalent in amenities. The 20,000 square feet or cash equivalent amenity will be completed in Phase 2 and Construction of Phase 2 will begin within five years from December 30, 2017. 3. As a guarantee of developing the recreational amenity, the Developer hereby and concurrently with the subscription and execution of this agreement shall provide a financial guarantee of $25,000, the estimated cash value of 20,000 square feet of undeveloped, undivided land to the City. 4. The Developer does hereby confirm that said guarantee is from a bank or other reputable institution or individual and acceptable to the City. This guarantee shall be deposited with the City of Kalispell and certify to the following: DEVELOPER'S AGREEMENT - OWL CORPORATION LLC/CITY OF KALISPELL Page I of 3 0 a. That the creditor guarantees funds in an amount of $25,000. b. That if the Developer fails to complete the recreational amenity within five years as specified in this agreement, the creditor will pay to the City immediately, and without further action, such funds for the City to use as park amenity within the City. For the terms of this agreement, completion is defined as securing the building permit for the recreational amenity in excess of $25,000 of value. C. That this letter of credit may not be withdrawn, or reduced in any amount, until released by the City. 5. Performance by the Developer of the covenants set out in this agreement and in conformance with the time schedule set forth in this agreement is of the essence; accordingly, the Developer expressly understands and agrees that failure to meet the time schedule to the specifications described herein shall be deemed a breach to this agreement. The Developer hereby waives any notice of breach. 6. Upon completion of this agreement, the City agrees to release the guarantee to the Developer. 7. Through this agreement with the Developer, the City agrees that the recreational amenity condition is satisfied for Owl View Landing CUP, which is the subject of this agreement. 8. This agreement shall inure to the benefit of and be binding upon any successors in interest, heirs, or assignees. IN WITNESS WHEREOF, the parties to this agreement have executed the same on the day and year first above written; OWL CORPORATION LLC, Developer By: 4VZ Mark Owens, Managing Member CITY OF KALISPELL ww' g iV ' City Manager DEVELOPER'S AGREEMENT - OWL CORPORATION LLC{CITY OF KALISPELL Page 2 of 3 STATE OF MONTANA ) ):ss County of Flathead ) On this may of December 2017, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Mark Owens in his capacity as Managing Member of Owl Corporation LLC that executed the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. wooKATHLEEN BOYCOTT NELSON PUBLIC NOTARY do manna SEAL 9 �, Mama OF MY Cantu Ion Expka F 9, 2016 STATE OF MONTANA ) ):ss County of Flathead } Notary Public, State of Montana Printed Name:A►nLey4 Oo Yeew AAMkwl Residing at _ &ftaxP_g&4.;,, `tEtr�eT A My Commission Expires%r� On this day of December, 2017, before me, a Notary Public in and for the State of Montana, personally appeared DOUG RUSSELL, known to me to be the City Manager of the City of Kalispell, a municipality, and executed the within instrument for the uses and purposes therein set forth, and that he was duly authorized to execute the same on behalf of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. F �r . UDI A. FUNK NOTARY PUBLIC for ft 13�� Rwft�i F 25, Notary Public, State of Montana Residing at M mission Expires DEVELOPER'S AGREEMENT — OWL CORPORATION LLC/CITY OF KALISPELL Page 3 of 3 0A� GLACIER r BAND IRREVOCABLE LETTER OF CREDIT Letter of Credit No: 3112171001531 Dated: December 18. 2017 Expiration Date: December 30, 2022 Amount: $25,000.00 Beneficiary: City of Kalispell PO Box 1997 Kalispell, MT 59901 To Whom It May Concern: We hereby establish in your factor an Irrevocable Standby Letter of Credit up to the aggregate amount of TWENTY FIVE THOUSAND AND 00/100 — U.S. ($25,000.00) for OWL CORPORATION, available by your draft drawn on us presented to Glacier Bank, Kalispell, Montana. Drafts must be accompanied by Beneficiary's signed statement by an authorized official of the City of Kalispell certifying that OWL CORPORATION has not complied with or completed: City # I Recreational Amenities for the Owl View Landing project, a phase of Westview Estates. This Irrevocable Standby Letter of Credit may be drawn upon prior to its expiration date by your draft drawn on us presented at Glacier Bank, Kalispell, Montana. This Irrevocable Standby Letter of Credit expires in full and finality December 30, 2019. Drafts drawn under this this Letter of Credit must bear the following clause: "Drawn under Glacier Bank, Kalispell, Montana, Irrevocable Standby Letter of Credit 31 12171001531 dated December 29, 2017" We hereby engage with the drawer, endorser and holders in due course of drafts drawn under and in compliance with the terms of this credit, that such drafts will be duly honored upon presentation to the drawee bank. This Agreement shall be governed by the by the Uniform Customs and Practice for Documentary Credits (2007 Revision) ("UCP"), International Chamber of Commerce Publication No. 600, International Chamber of Commerce International Standby Practices ISP98, (Publication ISP98) and any subsequent revisions thereof approved by the International Chamber of Commerce, unless the law of the State of issuance prohibits application of the UCP and ISP98 to this letter. Si7nifer ely, 404� 41" Je Wheeler Vice President Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: Sands Surveying N, FOR: Owl Corporation DATE : 10/25/2017 DESCP: Owl View Subdivision PURPOSE: plat (on Tr 5 in 25-29-22) YEARS ASSESSOR# 2014 thru 2016 0006861 I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. NOV 2 12-017 Deputy Treas�hrer (seal) CLTA GUARANTEE ISSUED BY STEWART TITLE GUARANTY COMPANY a corporation, herein called the Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT 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. GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Countersigned by: atuua. � cam= �•:s!��r _ ..._._ Main Office 211 South Main Street Kalispell, MT 59901 Agent ID: 260052 S `ewc title guaranty company �10SLE CU499 3v .oRror4^ y� z e rE# 0 Matt Morris President and CEO .. III Secretary For purposes of this form the "Stewart Title" logo featured above is the represented logo for the underwriter. Stewart Title Guaranty Company. California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association File No.: 63555 2222 Guarantee (6-6-92) Page 1 of 3 of Policy Serial No.: G-0000-596206998 GUARANTEE CONDITIONS AND STIPULATIONS Definition of Terms — The following terms when used in this Guarantee mean: (a) "the Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term 'land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date; Exclusions from Coverage of this Guarantee —The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or 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. (b) (1) Unpatented mining claims: (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water: whether or not the matters excluded by (1), (2) or (3) are shown by the public records. (c) Assurances to title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A)(C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) (1) Defects, liens, encumbrances, or adverse claims against the title, if assurances are provided as to such title, and as limited by such assurances. (2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records, and which are created, suffered, assumed or agreed to by one or more of the Assureds: (b) which result in no loss to the Assured; or (c) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of assurances provided. Notice of Claims to be Given by Assured Claimant — An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice.shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required, provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. No Duty to Defend or Prosecute — The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party; notwithstanding the nature of any allegation in such action or proceeding. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate — Even though the Company has no duty to defend or prosecute as set forth in Paragraph 4 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) in all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence. obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. if the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. Proof of Loss or Damage — In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. if the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company. the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records. books, ledgers, checks, correspondence and memoranda in the custody or control of a third party. which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Options to Pay or Otherwise Settle Claims; Termination of Liability — In case of a claim under this Guarantee. the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. O California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association Fite No.: 63555 2222 Guarantee (6-6-92) Page 2 of 3 of Policy Serial No.: G-0000-596206998 The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such Purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. in the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of the indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its option under Paragraph 5, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To Pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any lifigaton for which the Company has exercised its options under Paragraph 5. 8. Determination and Extent of Liability — This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the exclusions stated in Paragraph 2. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Section 10 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as sated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 9. Limitation of Liability — (a) If the Company establishes the title or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the Completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 10. Reduction of Liability or Termination of Liability — All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 5 shall reduce the amount of liability pro tanto. 11. Payment of Loss (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be fumished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 12. Subrogation Upon Payment or Settlement — Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest and costs of collection. 13. Arbitration — Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14. Liability Limited to This Guarantee; Guarantee Entire Contract — (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President. a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 15. Notices, Where Sent — All notices required to be given. the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252-2029. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association File No.: 63555 2222 Guarantee (6-6-92) Page 3 of 3 of Policy Serial No.: G-0000-596206998 MT Subdivision Guarantee 14 File No,: 63555 Date of Guarantee: October 30, 2017 at 5:00 P.M. Liability: $1,000.00 A. Assured: Sands Surveying, Inc. B. Assurances: 1. Description of the land: Guarantee No.: G-0000-596206998 Premium: $125.00 A tract of land, situated, lying and being in the Southwest Quarter of the Southwest Quarter of Section 25, Township 29 North, Range 22 West, P.M.M, Flathead County, Montana, and more particularly described as follows to wit: Commencing at the southwest corner of the Southwest Quarter of the Southwest Quarter of Section 25, Township 29 North, Range 22 West, P.M.M, Flathead County, Montana; thence along the west boundary of said SW'/4SW'/4 N00°06'40"W 579.34 feet; thence N89°59'11"E 663.36 feet to a set iron pin and the True Point of Beginning of the Tract of Land Herein described; thence continuing N89°59'11"E 257.72 feet to a found iron pin; thence S00'00'23"W 360.00 feet to a found iron pin on the South R/W of a 60 foot road and utility easement; thence along said R/W N89° 59'11"E 129.99 feet to a found iron pin and the P.C. of a 20.00 foot radius curve, concave southwesterly; thence along a curve tot he right, through a central angle of 90°01'12", for an arc length of 31.42 feet to a found iron pin on the westerly RiW of a 60 foot city street known as Taelor Road; thence along said R/W S00°00'23"W 29.97 feet to a found iron pin and the P.C. of a 44.00 foot radius curve, concave northwesterly; thence along a curve to the right, through a central angle of 23'33'23", for an arc length of 18.09 feet to a found iron pin and the P.R.C. of a 76.00 foot radius reverse curve, concave southeasterly (radial bearing S66°28'14"E); thence southwesterly along a curve to the left, through a central angle of 23°33'23", for an arc length of 31.25 feet to a found iron pin; thence continuing and leaving said R/W S00°00'23"W 123.78 feet to the south boundary of the SW'/4SW'/4; thence along the south boundary N89°53'02"W 391.72 feet; thence leaving said south boundary N00°00'23"W 580.84 feet to the point of beginning. 2. Name of Proposed Subdivision Plat or Condominium Map: Owl View Condominiums 3. That the only hereafter named parties appear to have an interest showing in the public records affecting the land necessitating their execution of the name proposed plat or map area as follows: Owl Corporation, a Montana corporation File No.: 63555 MT Subdivision Guarantee STEWART TITLE Page 1 of 4 GUARANTY COMPANY N1T Subdivision Guarantee '14 File No.: 63555 Guarantee No.: G-0000-596206998 SUBJECT TO: 1. Taxes or 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 public record. 2. Any facts, rights, interest or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. 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. 6. Any service, installation or connection charge for any and all utilities, including, but not limited to sewer, gas, water or electricity. 7. County road rights -of -way, not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21, M. C. A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails. 8. No liability is assumed for errors, omissions or changes of assessed valuations or amount of taxes assessed by any state, county, city or federal taxing or assessing authority. 9. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authoring the issuance thereof; (c) water rights, claims or title to water; ditch rights; (d) any right, title or interest in any sand and gravel and/or minerals including access to and from to extract minerals, mineral rights, or related matters, including but not limited to oil, gas, coal and other hydrocarbons; whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 10. For informational purposes only, do not rely upon for a tax payment. Flathead County records indicate the taxes for the year 2017 are: FIRST HALF: $1,701.76 NOT PAID SECOND HALF: $1,701.77 NOT PAID TOTAL: $3,403.53 Assessor No.: 01-0006861 Tax Roll No.: 00333 Affects: Premises and Other Property 11. Notice of Appropriation of Water recorded January 31, 1950 as Document #419, in Book 311, page 6, records of Flathead County, Montana. 12. Authorization To Change Appropriation Water Right recorded October 6, 1982 as Document #14802, in Book 750, page 288, records of Flathead County, Montana. 13. Easement for gas pipe line and related purposes granted Montana Power Company, recorded May 27, 1993 as Document #9314710570, records of Flathead County, Montana, File No.: 63555 MT Subdivision Guarantee STEWART TITLE Page 2 off 4 GUARANTY COMPANY MT Subdivision Guarantee 14 14. A non-exclusive easement for existing irrigation lines and equipment, and terms and provisions contained therein, granted in instrument recorded April 17, 2001 as Document #200110716100, records of Flathead County, Montana. Reserved in instruments recorded April 17, 2001 as Document #200110716130, records of Flathead County, Montana. Reserved in instruments recorded May 9, 2001 as Document #200112916450, records of Flathead County, Montana. 15. A 20 foot non-exclusive permanent easement for irrigation pipeline and related purposes, granted in instrument recorded April 17, 2001 as Document #200110716110, records of Flathead County, Montanan. Reserved in instruments recorded April 17, 2001 as Document #200110716130, records of Flathead County, Montana. Reserved in instruments recorded May 9, 2001 as Document #200112916450, records of Flathead County, Montana. 16. Terms and provisions contained in Agreement, regarding possession, farming, co -listing and water system, recorded April 17, 2001 as Document #200110716120, records of Flathead County, Montana. Agreement clarifying co -listing clause, recorded June 4, 2004 as Document #200415612330, records of Flathead County, Montana. 17. Terms and provisions contained in Road Maintenance Agreement, recorded January 23, 2002 as Document #200202316410, records of Flathead County, Montana. 18. Terms and provisions contained in Resolution No. 4785, regarding annexation to the City of Kalispell, Montana and zoning, recorded June 9, 2003 as Document #200316011000, records of Flathead County, Montana. 19. Petition to annex and notice of withdrawal from rural fire district, recorded June 9, 2003 as Document #200316011010, records of Flathead County, Montana, 20. Terms and provisions contained in Latecomers Agreement For Reimbursement For Municipal Water And Sewer System Extensions, recorded May 5, 2006 as Document #200612509030, records of Flathead County, Montana. Amendment to Latecomers Agreement for Reimbursement for Municipal Water and Sewer System Extensions recorded May 18, 2011 as Document #201100010329, records of Flathead County, Montana. Memorandum of Understanding recorded August 16, 2011 as Document #201100016731, records of Flathead County, Montana. 21. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed by Certificate of Survey No. 14332, 14891 and 16138, but deleting any covenant, conditions or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 22. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which File No.: 63555 MT Subdivision Guarantee STEWART TITLE Page 3 of 4 GUARANTY COMPANY MIrSubdivision Guarantee 14 may exist byreason thereof, disclosed bythe proposed plat(s)ofOwl View Condominiums, but deleting any covenant, conditions orrestriction indicating a preference, limitation or discrimination based on xuca, color, va|igion, nex, handioap, familial otatue, or national origin to the extent such covenants, conditions orrestrictions violate 42USC3GO4(o). Sunxay8zak, when nscorded, must be in compliance with the provisions ofthe Montana Subdivision and Platting Act, 1973. (Sections 76-3'101 M.C.A. through 78-3-814 KA.C.A') and the regulations adopted pursuant thereto. Eaoementn, conditions and restrictions as disclosed or to be disclosed on proposed Sun/ey/Pladto be recorded prior to or as part of this transaction. File No. * nansn mTSubdivision Guarantee STEWAernns Page 4nv4 GUARANTY COMPANY STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA), The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. �Jve do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 63555 Page 1 Revised 11-19-2013 Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing Yes No transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to Yes No you. For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes —information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and Yes No non -financial companies. Our affiliates may include companies with a Stewart nama,• financial companies. such as Stewart Title Company For our affiliates' everyday business purposes— information about your creditworthiness. Na We don't share For our affiliates to market to you —For your convenience, Yes Yes, send your first and last name, the email Stewart has developed a means for you to apt out from its affiliates address used in your transaction, your marketing even though such mechanism is not legally required. Stewart fife number and the Stewart office location that is handling your transaction by email to optout@ste+n+art.com or fax to 1-$00-335-9591. For non -affiliates to market to you. Non -affiliates are companies not related by common ownership or control. They can be financial Na We don't share and non -financial companies. How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a about their practices? transaction. ' How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information? I use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? request insurance -related services • provide such information to us We also collect your personal information from others. such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g.. opt out) in certain instances, we do not .share your personal information in those instances. WHAT DO/DOES THE Sterling Title Services - Kalispell Branch (K8ain) D[) WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information, This privacy notice is distributed on behalf of Sterling TidoServices ' Kalispell Branch (Maio).and its affiliates (^ N/A "). pursuant 0oTitle Vnfthe Gram m'Lnaoh-B|i}oyAct (GL8A). The types ofpersonal information we collect and ohma depend on the product or oon/|ce that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as Sterling Title Services - Kalispell Branch (Main), need to share customers' personal information to run their everyday business —to pmuoos transactions and maintain customer accounts. In the section ba|mw. we list the reasons that wecan share customers' personal information, the that we choosetoshare; and whether limit this sharing. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing Yes No customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to you, Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non -financial companies. Yes No For our affiliates' everyday business purposes— information about your No We don't share For our affiliates to market to you Yes No For non -affiliates to market to you. Non -affiliates are companies not related by No We don't share common ownership or control. They can be financial and non -financial companies. We may disclose your Personal information mour affiliates or to non -affiliates as permitted by law. |yyou request atransaction with non -affiliate. such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do no, control their subsequent use of information, and suggest you refer to their privacy notices.] Sharing practices How often do/does Sterling Title Services - We must notily you about our sharing practices when you request a transaction. Kalispell Branch (Main) notify me about their How doldoes Sterling Title Services - To protect yojr personal information from unauthorized access and use, we use Kalispell Branch (Main) protect my personal security measures that comply with federal and state law. These measures information? include computer. file, and building safeguards. How do/does Sterling Title Services - We collect your personal information, for example, when you Kalispell Branch (Main) collect my personal information? - request insurance -related services * provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction. credit reporting agencies, affiliates or other companies._ What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g.. opt out) in certain instances. we do not share your personal information in those instances. Contact Us If you have any questions about this privacy notice, please contact us at: Sterling Ttle Services - Kalispell Branch (Main), 211 South Main Street. Kalispell, IVIT 59901 File No.: _�Page 1 of