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Kalispell North Town Center Final PlatPLANNING FOR THE FUTURE FA WAMJF4 10441 REPORT TO: Doug Russell, City Manager D(L FROM: Jarod Nygren, Senior Planner Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: Final Plat request for Kalispell North Town Center — Phase 2 MEETING DATE: May 7, 2018 BACKGROUND: Our office has received an application for final plat approval from CTA, on behalf of Stillwater Corporation, for Kalispell North Town Center — Phase 2, a subdivision creating ten (10) commercial lots, one (1) residential lot and one (1) open space lot on 57-acres. The Council previously approved the final plat for Kalispell North Town Center — Phase 1, which included the new Ford lot, storm water utility lot and open space buffer along the highway. The subject property is located at the southeast corner of the intersection of Rose Crossing and U.S. 93 North. The subdivision is located within the south half of Section 19 and north half of Section 30, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described in the attached Exhibit "A". The Kalispell City Council approved the preliminary plat for Kalispell North Town Center with 24 conditions on February 6, 2017. All 24 conditions of the preliminary plat have been met or otherwise adequately addressed for this phase. The following report summarizes the applicant's compliance with the conditions of approval contained within Resolution No. 5803. In addition, a Subdivision Improvement Agreement in the amount of $2,074,518.99 (125% of remaining cost) is included for City Council action. RECOMMENDATION: It is recommended that the City Council approve the final plat for Kalispell North Town Center — Phase 2 and the Subdivision Improvement Agreement. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: April 30, 2018 c: Aimee Brunckhorst, Kalispell City Clerk PLANNING FOR THE FUTURE April 30, 2018 Doug Russell, City Manager City of Kalispell 201 1 sc Ave E Kalispell, MT 59901 MONTANA Re: Final Plat request for Kalispell North Town Center — Phase 2 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 CTA, on behalf of Stillwater Corporation, for Kalispell North Town Center — Phase 2, a subdivision creating ten (10) commercial lots, one (1) residential lot and one (1) open space lot on 57-acres. The Council previously approved the final plat for Kalispell North Town Center — Phase 1, which included the new Ford lot, storm water utility lot and open space buffer along the highway. The subject property is located at the southeast corner of the intersection of Rose Crossing and U.S. 93 North. The subdivision is located within the south half of Section 19 and north half of Section 30, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described in the attached Exhibit "A". The Kalispell City Council approved the preliminary plat for Kalispell North Town Center with 24 conditions on February 6, 2017. All 24 conditions of the preliminary plat have been met or otherwise adequately addressed for this phase. The following report summarizes the applicant's compliance with the conditions of approval contained within Resolution No. 5803. In addition, a Subdivision Improvement Agreement in the amount of $2,074,518.99 (125% of remaining cost) is included for City Council action. COMPLIANCE WITH CONDITIONS OF APPROVAL General Conditions: The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. Staff Response: This condition has been met. The submitted final plat is in substantial compliance with the preliminary plat application documents. 2. All applicable conditions within Ordinance 1630 (Glacier Town Center PUD) shall apply. Staff Response: This condition has been met. The submitted final plat is in compliance with the applicable conditions of Ordinance 1630. 3. The preliminary plat approval shall be valid for a period of three years from the date of approval. Staff Response: This condition has been met. Resolution 5903 approving the preliminary plat for Kalispell North Town Center was approved on February 6, 2017, and is still valid. 4. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved, or a proper bond is in place for said improvements. Staff Response: This condition has been met. Public Works issued a letter approving the storm water plan on May 11, 2017. The letter is attached hereto for reference. In addition, the developer has entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all infrastructure (drainage in this case) required, is installed to city standards for design and construction. 5. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. Staff Response: This condition has been met. DEQ issued a letter on February 9, 2017 for General Permit for Storm Water Discharge Associated with Construction Activities. 6. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. Staff Response: This condition has been met. Public Works issued a letter approving the water and sewer plan on May 11, 2017 and DEQ on May 12, 2017. The letters are attached hereto for reference. In addition, the developer has entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all infrastructure (water and sewer in this case) required, is installed to city standards for design and construction. 7. The developer shall submit the street designs to the Kalispell Public Works Department for review and approval prior to construction. Staff Response: This condition has been met. Public Works issued a letter approving the street design on May 11, 2017. The letter is attached hereto for reference. In addition, the developer has entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all infrastructure (streets in this case) required, is installed to city standards for design and construction. 8. Existing onsite infrastructure shall be improved to meet the minimum City of Kalispell Standards for Design and Construction. Staff Response: This condition has been met. Public Works issued a letter approving the infrastructure design on May 11, 2017. The letter is attached hereto for reference. 9. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. Staff Response: This condition has been met. The developer has entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure all infrastructure required, is installed to city standards for design and construction. The subdivision improvement agreement, which encompasses a detailed cost of infrastructure improvements for Kalispell North Town Center — Phase 2, is attached hereto for reference. 10. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. Staff Response: This condition has been met. Public Works issued a letter approving the utility easements on April 30, 2018. The letter is attached hereto for reference. 11. A 10' utility easement needs to be provided for along the arterial streets. Staff Response: This condition has been met. Public Works issued a letter approving the utility easements on April 30, 2018. The letter is attached hereto for reference. 12. 40' of additional right-of-way is required along the northern half of Tract 1 of COS 15221 for the southern portion of Rose Crossing as it approaches the intersection of Whitefish Stage Road. Staff Response: This condition has been met. COS 20570 was recorded on June 19, 2017 dedicating the southern portion of Rose Crossing to the City of Kalispell. 13. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature Staff Response: This condition has been met. The statement and signature block are on the final plat. 14. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. Staff Response: This condition has been met. U.S.P.S issued a letter approving the utility Cluster Box Unit (CBU) on April 13, 2018. The letter is attached hereto for reference. 15. A property owner's association (POA) shall be formed and established for the common areas prior to final plat. The POA should include provisions for the maintenance of all common areas including the storm water ponds, parks and open space areas. Staff Response: This condition has been met. A Common Area Management Plan and Property Owner's Association has been established for Kalispell North Town Center and will be recorded with the final plat. 16. A park maintenance district shall be formed incorporating all lots, commercial and residential within the subdivision. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Staff Response: This condition has been met. A park maintenance district is not needed at this time, however, a note has been added to the final plat that the owner(s) shall waive the right to protest the creation of a park maintenance district in the event the Common Area Management Plan/Property Owner's Association defaults on any operation/maintenance items. 17. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. Staff Response: This condition has been met. A letter was issued on May 22, 2017, approving the landscaping plan. Letter is attached hereto for reference. 18. The bike path located along U.S. 93 shall be extended across the Rose Crossing at the US 93- Rose Crossing intersection. Staff Response: This condition has been met. The path along U.S. 93 has been extended across Rose Crossing at the U.S. 93/Rose Crossing intersection and was part of the Phase 1 final plat. 19. The Bike path along Rose Crossing shall not have a mid -block crossing. Staff Response: This condition has been met. The path along Rose Crossing has been modified to eliminate the mid -block crossing. 20. All utilities shall be installed underground. Staff Response: This condition has been met. All new utilities are proposed to be constructed underground and have been approved by Public Works. 21. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition has been met. All disturbed areas during construction will be re -vegetated with a weed free mix as specified in the approved landscape plans. Additionally, a note has been placed on the final plat indicating all areas shall be re -vegetated with a weed -free mix. 22. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: a) Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code. b) Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c) Fire Department access shall be provided in accordance with International Fire Code. d) It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e) Street naming shall be approved by the fire department. Staff Response: This condition has been met. The Fire Chief issued a letter approving the above conditions on May 12, 2017. The approval letter is attached hereto for reference. 23. Flathead Drive should be renamed in coordination with the Public Works Department and Fire Department as it conflicts with an existing named road. Staff Response: This condition has been met. Flathead Drive has been renamed Jefferson Boulevard and Public Works Department and Fire Department have approved the road naming for future roads within Kalispell North Town Center. 24. At time of final plat of each phase the proportionate share of the water rights shall be shall be transferred to the city. Staff Response: This condition has been met. The conveyance of water rights has been reviewed by Public Works and is acceptable for this phase. See email from Public Works Director and water rights transfer documents, attached hereto for reference. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City subdivision regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the 13-2/PUD zoning on the property. RECOMMENDATION: It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. It is recommended that the Kalispell City Council approve the final plat for Kalispell North Town Center — Phase 2. Please schedule this matter for the regular city council meeting on May 7, 2018. Attachments: - Two mylars of final plat - 11 x 17 copy of final plat and utility easements - Application and applicant responses and final plat application dated 3/26/2018 - Fidelity National Title Guaranty Company Report FTI585-180275 - Subdivision Improvement Agreement, bond and Engineer's Cost Estimate - Montana Department of Environmental Quality municipal facilities exclusion letter dated 5/12/2017 - Montana Department of Environmental Quality permit for storm water discharge dated February 9, 2017 - Flathead County tax certification dated 3/22/2018. - Letter from Kalispell Public Works Department (engineering approval) dated 5/11/2017 - Letter from Kalispell Public Works Department (utility easements) dated 4/30/2018 - Letter from Kalispell Fire Department dated 5/12/2017 - Parks and Recreation approval letter dated 5/22/2017 - Letters from Montana Department of Transportation approving access dated 4/09/2018. - U.S. Postal Service letter dated 4/13/2018 - Conveyance of water rights - Common Area Management Plan and Property Owner's Association documents - Exhibit A — legal description c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: Stillwater Corporation Attn: Jeff Claridge P.O. Box 7338 Kalispell, MT 59904 PLANNING FOR THE FUTURE Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 ry►�►i.kalispell.c�m/plannin� FINAL PLAT APPLICATION Project /Subdivision Name: Kalispell North Town Center - Phase 2 Contact: Person: Name: Jeff Claridge Address: PO Box 7339 Kalispell, MT 59904-0338 Phone No.: 406.758.6420 Owner & Mailing Address: Stillwater Corporation PO Box 7338 Kalispell, MT 59904-0338 Date of Preliminary Plat Approval: February 6, 2017 Resolution No. 5803 Type of Subdivision: Residential Industrial Commercial PUD x Other Total Number of Lots in Subdivision 12 Land in Project (acres) 56.926 acres Parkland (acres) 0.603 open space Cash -in -Lieu $ Exempt No. of Lots by Type: Single Family Duplex Townhouse Apartment Commercial 10 Industrial Condominium Multi -Family 1 Mobile Home Park Recreational Vehicle Park Planned Unit Development 12 total lots Other 1 open space Legal Description of the Property Being a subdivision of portions of the SW114 and SE114 of Section 19 and the NW114 of Section 30, T29 N., R21 W., RK.M., City of Kalispell, County of Flathead. State of Montana FILING FEE ATTACHED $ Paid 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) X Title Report (Original, not more than 90 days old) X Tax Certification (Property taxes must be paid) X Consent(s) to Plat (Originals and notarized) X Subdivision Improvements Agreement (Attach collateral) X Parkland Cash -in -Lieu (Check attached) X Maintenance Agreement X Plats: 2 mylars 1 11X17 Copy 1 full size copy I Electronic Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 64 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. f 21 1� Oner(s) Signatur Date T **A digital copy of the final plat in a Drawing interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system 2 PIONEERING ENVIRONMENTS March 26, 2018 City of Kalispell Planning Department Attn: Tom Jentz, Planning Director 201 1"Avenue East Kalispell, MT 59901 RE: Final Plat for Kalispell North Town Center — Phase 2 Dear Tom, Attached are the Final Plat documents and conditional requirements, per City Resolution 5803, for the Kalispell North Town Center — Phase 2 Planned Unit Development. The Final Plat submittal meets the general conditions outlined in Resolution 5803 as follows: 1. The development of the site shall be insubstantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. Response: The Final Plat Phase 2 submittal is in substantial compliance with the preliminary plat application approved by Resolution 5803 dated February 6, 2017, governing the location of lots, easements, roadways, signage, landscaping, materials, and pedestrian access. Documents include: • Site plan • Lot layout • Site utility water and sewer plans • Grading and drainage plan and profiles • Landscape Plan • Materials List • Electrical Plan • Stormwater Report and Maintenance Agreement • Erosion and Sediment Control Plan • Signage Ialhc_knt6darsl6 final plat submittaRkntc_fiinal plat phase 213.0 cover letter addressing final plat general conditionslfinal plat condition letter.docx httpa/www,ctagroup.com E-mail: info@a ctagrcup-corn City of Kalispell Planning Department KNTC_Phase 2 March 26, 2018 Page 2 2. All applicable conditions within Ordinance 1630 (Glacier Town Center PUD) shall apply. Response: Kalispell North Town Center— Phase 2 is in substantial compliance with Ordinance 1630 (Glacier Town Center PUD) with the exception of a minor planned unit development amendment which has been administratively approved by the City of Kalispell Planning Department on March 20, 2017. The amendment included: (1) The name of the PUD would be changed from "Glacier Town Center" to "Kalispell North Town Center." (2) The maximum allowed building height for the parcels adjacent to Highway 93/landscaped common area would be 35 feet (PUD Condition 15). (3) The signage plan would be modified as shown on the attached exhibit. Condition 14(A) and (B) reference two common freestanding signs and one monument sign along the eastern edge of the 100-foot buffer area along Highway 93. The plan is also referenced in Condition 3(K). The new sign exhibit would allow one of the larger freestanding signs to be used by Lot 5, Block 2, for its individual use. Note that the larger freestanding sign is now associated with the KNTC Final Plat Phase 1, Lot 1, Block 1 (currently the Ford dealership). The monument sign location will be determined at a later date. The new plan also provides for signage in the landscape buffer on a rock wall. The signage shall comply with regulations for subdivision identification signs. (4) There would be a new condition allowing a building permit to be issued for one project (Ford) prior to final plat. (5) Another new condition would allow for 19-foot deep spaces for vehicle display areas at auto dealerships, along with no striping other than the center spine. This condition would apply only to display areas for auto dealerships and required parking spaces for auto dealerships would need to meet all dimensional and striping requirements under the zoning ordinance. 3. The preliminary plat approval shall be valid for a period of three years from the date of approval. Response: The Preliminary Plat was approved February 6th, 2017. The applicant is requesting Final Plat approval for Phase 2 within the three-year approval date. 4. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that drainage plan for the subdivision has been installed as designed and approved. Response: A storm water maintenance agreement and engineered drainage plan has been completed and approved by the City of Kalispell Public Works Department. Final Plat Condition Letter,docx http:llwww,ctagroup.com F-maim info@ctagroup,com City of Kalispell Planning Department KNTC_Phase 2 March 26, 2018 Page 3 5. The developer shall submit to the Kalispell Public Works Department prior to construction and erosion/sediment control plan for review and approval and a copy of all documents submitted to the Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. Response: The Stormwater Pollution Prevention Plan and Notice of Intent has been completed and signed by the Developer and given to the City's Public Works Department. 6. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with the approval of both required prior to construction. Response: The City approved the civil plans on May 11, 201 T 7. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. Response: The City of Kalispell Public Works Department approved the street design on May 11, 2017. 8. Existing onsite infrastructure shall be improved to meet the minimum City of Kalispell Standards for Design and Construction. Response: All infrastructure has been designed per the City of Kalispell's Engineering Design Standards and approved by the City of Kalispell Public Works Department. 9. A letter from the Kalispell Public Works Department shall he submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for the unfinished work. Response: A bond in the amount of $2,074,518.99 is included under Tab B. This bond covers the cost of the new infrastructure that is not yet complete for Phase 2. 10. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for the city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are shown on the final plat. Response: Easement language dedicating the water and sewer utilities to the City of Kalispell has been included on the Final Plat found under Tab 4. Final Plat Condition Letter.dou http:/iwvvw.ctagroup.com E-mail: info@ctagroup com City of Kalispell Planning Department KNTC_Phase 2 March 26, 2018 Page 4 11. A 10' utility easement needs to be provided along the arterial streets. Response: A 10' utility easement is shown along the arterial streets on the Final Plat. The Final Plat is located under Tab 4. 12. 40' of additional right of way is required along the northern half of Tract 1 of COS 15221 for the southern portion of Rose Crossing as it approaches the intersection of Whitefish Stage Road. Response: A Quit Claim Deed and Certificate of Survey is included under Tab 12 dedicating the additional right of way along the northern half of Tract 1 for the southern portion of Rose Crossing and Whitefish Stage Road to the City of Kalispell. 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, and across each area designated on this plat as `Utility Easement' to have and to hold forever". Developer's signature Response: This language has been added to the final plat which has been signed by the Developer. See Tab 4 - Final Plat. 14. Prior to the filing of the final plat, a letter from the US Postal Service shall be included stating that service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. Response: The final plat has been reviewed by the LISPS in Kalispell, MT and the Post Master has concurred that postal delivery service is available and there are no conflicts in establishing a centralized postal delivery location to the development. 15. A Property Owner's Association (POA) shall be formed and established for the common areas prior to final plat. The POA should include provisions for the maintenance of all common areas including the storm water ponds, parks and open space areas. Response: Kalispell North Town Center has established a Property Owner's Association that includes a Common Area Management Plan, The Common Area Management Plan includes storm water ponds, parks, and all open spaces areas. Final Plat Condition Letter.dou http:Nwww.ctagroup.com E-wad. info@ctagroup.com City of Kalispell Planning Department KNTC_Phase 2 March 26, 2018 Page 5 A parks maintenance district shall be formed incorporating all lots, commercial and residential within the subdivision. This district shall only be activated in the event that the property owner's association defaults on their park and open space amenity conditions. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Response: Per the City of Kalispell Planning Department, the formation of a parks district is not required at this time, however, a note to the Final Plat has been added that the property owner(s) shall waive their right to protest the creation of a park maintenance district in the event the Common Area Management Plan /Property Owners Association defaults on any operation/maintenance items. 16. A letter shall be obtained from the Kalispell Parks and Recreation approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. Response: The Kalispell Parks and Recreation department has approved the proposed landscaping plan. 17. The bike path located along US 93 shall be extended across Rose Crossing at the US 93 Rose Crossing intersections. Response: The bike path along US 93 has been extended across Rose Crossing at the US 93 Rose Crossing intersections. 18. The bike path along Rose Crossing shall not have a mid -Mock crossing. Response: The bike path along Rose Crossing has been modified to eliminate the mid - block crossing. 19. All utilities shall be installed underground. Response: All new utilities are proposed to be constructed underground. Civil construction drawings have been approved by the City of Kalispell Public Works Department. 20. All areas disturbed during development shall be re -vegetated with a weed free mix immediately after development. Response: All disturbed areas during construction will be re -vegetated with a weed free mix as specified in the approved Landscape plans. Final Plat Condition Letter.doex http://www ctagroup com E-mail: info@ctagroup com City of Kalispell Planning Department KNTC_Phase 2 March 26, 2018 Page 6 21. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code. d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. e. Street naming shall be approved by the Fire Department. Response: On May 12, 2017 Fire Chief Dedman approved the above conditions as they related to Kalispell North Town Center. 22. Flathead Drive should be renamed in coordination with the Public Works Department and Fire Department as it conflicts with an existing named road. Response: Flathead Drive has been renamed to Jefferson Boulevard and is shown on the Final Plat. Jefferson Boulevard has been approved by the City of Kalispell Engineering Department and the City of Kalispell Fire Department. 23. At the time of final plat of each phase the proportionate share of the water rights shall be transferred to the city. Response: The city planning department, public works department, and city attorney have approved the water rights conveyance documents. Sincerely, CTA ARCHITECTS ENGINEERS Stephanie Ray, Planner cc: CTA File - Final Plat Condition Letter.dou http:llwww.ctagroup.com E-mail: info@ctagroup.com SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this G1 day of MAjisl 20 IS by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and Stillwater Corporation, a corporation, 7338 Kalispell, MT 59903 7338; Party of the Second Part and hereinafter referred to as DEVELOPER. W ITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Kalispell North Town Center — Phase 2, located at North of Reserve Avenue and East of Highway 93, Kalispell, Montana and, WHEREAS, the City has conditioned it's approval of the final plat of Kalispell North Town Center Phase 2, upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A", and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B and WHEREAS, the estimated total cost of construction of said improvements is the sum of $1,659,615,20, NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: Appendix -- Page A-24 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $2,074,518.99, Said Letter of Credit or other collateral shall have an expiration date ofat least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of S2,074,518.99 the estimated cost of completing the required improvements in Kalispell North Town Center Phase 2. b. That if the Developer fails to complete the specified improvements within the required period, the creditor wil I pay to the City immediately, and without further action, such hinds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by ?0 ) 9 . 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of two (2) years from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d, That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been Fled with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS,'1'O-WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not constrict any orall of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. Stillwater Corporation effClaridge, Vice President STATE OF MONTANA COUNTY OF On this ?�'i day of kl e�, , 201�3—, before me, a Notary Public for the State of Montana, personally appeared Jeff Claridge, known to me to be the Vice President of Stillwater Corporation, whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, i have hereunto set my hand and affixed my Notarial Seal this day and year first above written. y ' — Notary Public for t e tate of Montana Residing at W.11Vf „t.- A& "RK My Commission Expires tsb"t r' •. Z�JtQ MAYOR, CITY OF KALISPELL MAYOR . 1DIE F. MANDIE FRIAR ecaoT�Rr� NOTARY PUBLICfar the State of Wiutana * SEAL * Resiu i17 :tt columhl , tilts. maritaea p�v My tioaimissian Expires oFM Fahruary12,2919 ATTEST: CITY CLERK SUBDIVISION BOND KNOW ALL MEN BY THESE PRESENTS, that we Stillwater Corp PO Box 7328, Kalispell, MT 59904 as Principal, and Liberty Mutual Insurance Company authorized to do business in the State of Montana Kalispell, 201 First Avenue East, Kalispell, MT 59901 Bond No. 023206690 , as Surety, are held and firmly bound unto City of as Obligee, in the penal sum of Two Million Seventy-four Thousand Five Hundred Eighteen Dollars And Ninety-nine Cents ($2,074,518.99 ) DOLLARS, lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Stillwater Corp has agreed to construct in Flathead County, Kalispell, Montana, The Kalispell North Town Center, Phase 2 the following improvements: Sitework to include topsoil stripping, excavation, subgrades for roads, sidewalks & lots. Site Utilities to include sewer storm drain, hydrants, and manholes. Site improvements to include curb, gutter sidewalk, roadway paving, chip seal, & striping as per the budget proposal NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall construct, or have constructed, the improvements herein described and shall save the Obligee harmless from any loss, cost or damage by reason of its failure to complete said work, then this obligation shall be null and void; otherwise to remain in full force and effect. Signed, sealed and dated this 21 st day of March COUNTERSIGNS-1): HUB INTEfll'iATIONAL MOUTATAIN ,-- TES LIMITED 6 RENE C. LEVEAUX ,2018 Stillwater Corp _7 Principal B � •�� Liberty Mutual Insurance Company By: 4JoD.Leaf Attcmey-in-Fact LMS-130g9 02l9u THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7990051 to m C r•.T LZ "O its d O L tM t•} N 0 a> N I l 0 L O c ro ai yL.r two t O c E m v a on Z L) Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually Insurance Company is a corporation duly organized under the laws of the Slate of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name. constitute and appoint. Hilly J. Bolt; Gary D. Sowers; Michael E. Depner; Brooke A. Garness; Marsha HatteF Kimberly Hodson Chris Jermunson; John D. Leaf; Kaye i Muzzana; Gary Paladichuk_ Robert C. Pfennigs; Kristin A. Piccioni; Jamie M Roe, Michelle Schermerhorn Lynn St Pierre; Jon Tierney; Janece L. Wilhelm — -- — all of the city of Great Falls , slate of MT each individuaily if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds. recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in [heir own proper persons. IN WITNESS WHEREOF. this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 24th day of January 201E "r 1912 1991 STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY The Ohio Casualty Insurance Company Liberty Mutual Insurance Company WestAmerican Insurance Company /€ r7,;r/i' By: 1,4 a', / f. David M. Carey'Assistant Secretary On this 24th day of _January 201E before me personally appeared David M. Carey. who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the Corporations by himse#f as a duly authorized officer IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia. Pennsylvania. on the day and year first above written. wgP PASp, COMMONWEALTH OF PENNSYLVANIA Nnynal 5,?al Torras P. Stella, NnEary Pu[�4r. By: °F tipper Merion rwp Montgomery CArmnty Teresa Pastella, Notary Public My Commission Expires March 28.1 , 4qy',.�' A�amrxrr Pennsyrvnn,n hnsiK+tan �1 Nn6ines This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows, ARTICLE IV- OFFICERS - Section 12. Power of Attorney Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President. and subject to such limitation as the Chairman or the President may prescribe. shall appoint such aflornoys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted la any representative or atlomey-in-fad under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5, Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-m-fact, as may be necessary to act in hehalf of the Company to make, execute seal, acknowledge and deliver as surety any and ail undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The Presidelil of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute. seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I. Renee C, Llewellyn, the undersigned. Assistant Secretary, The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of atomey of which the foregoing Is a full, tore and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I,hhavve hereunto set my hand and affixed the seals of said Companies this 21 ST day of MARCH 20_18_._,_ . e - _ te11 it +9tll By: Renee C,Llew ssistantSecretary r0 N I) m UJ a c M c O U� �N � W cE 00 a� 0 me Q E tZ M to v � c (IJ �L m� EN 4 M cciiI Oa t) r" O� H r 1_MS_l2973 o22oi7 96 of 500 Date: February 19, 2018 PIONEERING ENVIRONMENTS A Subject: Exhibit B - KNTC Final Plat PH II (Bond Estimate) (NO OPEN SPACE) Project Name: Kalispell North Town Center - Phase II Prepared For: City of Kalispell, Attn: Keith Haskins Prepared 8y. Ron Isackson, CTA Architect Engineers ITEM EST. UNIT TOTAL # QTY. UNIT DESCRIPTION $ $ 100 0.1 LS MOBILIZATION/DEMOBILIZATION $ 27,611.57 1 LS = $ 2,761.16 101 0.1 LS CONSTRUCTION WATER $ 11,541.55 1 LS = $ 1,154.16 102 1 LS TAXES, BONDS, INSURANCE (4.5%) $ 71,095.59 I LS = $ 71,095.59 103 0 LS SWPPP $ 7,369.38 / LS = $ - 104 0.2 LS EROSION CONTROL $ 21,002.00 / LS = $ 4,200.40 105 0.2 LS TRAFFIC CONTROL $ 2,509.03 / LS = $ 501.81 106 107 0 SF SAWCUT/REMOVE ASPHALT $ 0.19 / SF = $ - 108 0 LF REMOVE EXISTING CULVERTS - MDT ROW $ 4.07 1 LF = $ 109 0 LF REMOVE/REPLACE FENCE (MDT Property Line) $ 20.00 1 LF = $ 110 0 EA REMOVE EXISTING 14-INCH 45DEG BEND (HWY 93) $ 50.00 I EA = $ 111 1 EA REMOVE EXISTING 8-INCH 90DEG BEND (ARMORY) $ 50.00 / EA = $ 50.00 112 113 10000 CY TOPSOIL STRIP, STOCKPILE, & RESPREAD $ 2.44 1 CY = $ 24,400.00 114 0 SF DIRT SUBGRADES - ROADS & SIDEWALKS $ 0.06 1 SF = $ - 115 0 SF DIRTSUBGRADES - LOTS $ 0.03 1 SF = $ - 116 1 LS SEEDING $ 29,230.23 1 LS = $ 29,230.23 117 118 1 EA CONNECT TO EXISTING 8-INCH WATER MAIN $ 2,000.00 / EA = $ 2,000.00 119 0 EA CONNECT TO EXISTING 14-INCH WATER MAIN $ 14,525.00 / EA = $ - '20 121 3 EA 2-INCH SERVICE CONNECTIONS (DOMESTIC) $ 700.00 / EA = $ 2,100.00 122 0 EA 2-INCH SERVICE CONNECTIONS (IRRIGATION) $ 700.00 / EA = $ - 123 3 EA CURB STOP $ 500.00 / EA = $ 1,500.00 124 3 EA METER BOX $ 800.00 / EA = $ 2,400.00 125 2 EA 6-INCH GATE VALVE (FIRE SERVICES) $ 1,200.00 I EA = $ 2,400.00 126 11 EA 8-INCH GATE VALVE $ 1,479.40 / EA = $ 16,273.40 127 0 EA 14-INCH BUTTERFLY VALVE $ 4,000.00 / EA = $ - 128 0 EA 18-INCH BUTTERFLY VALVE $ 4,566.56 / EA = $ 129 130 0 EA 14xl4x14-INCH TEE $ 2,700.00 / EA = $ - 131 0 EA 18x18x8-INCH TEE $ 3,092.09 1 EA = $ 132 0 EA 18x18xl8-INCH TEE $ 3,092.09 1 EA = $ - 133 3 EA 8x8x8-INCH TEE $ 492.60 / EA = $ 1,477.80 134 0 EA 18x8-INCH CROSS $ 3,092.09 / LA = $ - 135 0 EA 18x18-INCH CROSS $ 3,092.09 / EA = $ - 136 0 EA 18x6-INCH TEE (FH's) $ 3,092.09 / EA = $ - 137 1 EA 8x6-INCH TEE (FH's) $ 492.60 1 EA = $ 492.60 138 0 EA l8x6-INCH TEE (FIRE SERVICES) $ 3,092.09 1 EA = $ - 139 3 EA 8x6-INCH TEE (FIRE SERVICES) $ 492.60 / EA = $ 1,477.80 140 141 0 EA 18xl4-INCH REDUCER $ 3,092.09 / EA = $ - 142 0 EA 18x8-INCH REDUCER $ 3,092.09 / EA = $ - 143 144 3 LA FH ASSEMBLIES. 6.5' BURY. (9' 6-INCH LEAD, $ 5,000.00 1 EA = $ 15,000.00 VALVE, HYDRANT) 45 146 80 LF 2-INCH PE (DOMESTIC SERVICES) $ 20.00 / LF = $ 1,600,00 147 0 LF 2-INCH PE (IRRIGATION SERVICES) $ 20.00 / LF $ - Page 1 of 4 148 149 150 51 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 70 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 .m in 192 130 LF 6-INCH C900 PVC WATER MAIN (FIRE SERVICES) 1921 LF 8-INCH C900 PVC WATER MAIN 0 LF 14-INCH C905 PVC WATER MAIN 0 LF 18-INCH C905 PVC WATER MAIN 0 EA 8-INCH 11.25DEG HORIZONTAL BEND 0 EA 8-INCH 45DEG VERTICAL BEND 0 EA 18-INCH 45DEG VERTICAL BEND 0 EA 18-INCH 90DEG HORIZONTAL BEND 3 EA BOLLARDS - HYDRANT PROTECTION 5 EA WATER MARKER POST 0 LF FLOWABLE FILL BACKFILL- WATER LINE INSTALL 0 EA UNDERGROUND EXISTING UTILITY CROSSINGS - WATER LINE INSTALL $ $ 0 EA CONNECT 18-INCH SANITARY SEWER TO EXISTING $ MANHOLE, INCLUDES MODIFICATIONS 0 EA CONNECT 8-INCH SANITARY SEWER TO EXISTING $ MANHOLE, INCLUDES MODIFICATIONS 572 LF 6-INCH SDR35 PVC (SANITARY SEWER SERVICES) $ 602 LF 8-INCH SDR35 PVC $ 0 LF 18-INCH SDR35 PVC $ 1 EA 18x6-INCH WYE $ 3 EA 8x6-INCH WYE $ 2 EA 48-INCH DIAM. SANITARY SEWER MANHOLE $ 10 VLF EXTRA 48-INCH DIAM. SANITARY SEWER MANHOLE $ DEPTH 35.00 / LF = $ 38.47 / LF = $ 70.00 / LF = $ 77.44 I LF = $ 492.60 / EA = $ 492.60 / EA = $ 3,092.09 / EA = $ 3,092.09 / EA = $ 800.00 / EA = $ 300.00 1 EA = $ 80.00 1 LF = $ 500.00 / EA = $ 2,324.96 / EA = $ 2,000.00 / EA = $ 40.00 / LF = $ 50.98 / LF = $ 77.22 / LF = $ 500.00 / EA = $ 300.00 / EA = $ 2,500.00 1 EA = $ 100.00 / VLF = $ 4,550.00 73,900.87 2,400.00 1,500.00 22,880.00 30,689.96 500.00 900.00 5,000.00 1,000,00 0 EA UNDERGROUND EXISTING UTILITY CROSSINGS - $ 500.00 1 EA = $ SANITARY SEWER LINE INSTALL 0 LF 6-INCH PVC (POND CONTROL STRUCTURE PIPE) $ 40.00 1 LF = $ 0 LF 15-INCH ADS N12 (STORM MAIN) $ 37.56 1 LF = $ - 544 LF 18-INCH ADS N12 (STORM MAIN) $ 47.64 I LF = $ 25,916.16 0 LF 24-INCH ADS N12 (STORM MAIN) $ 49.35 1 LF = $ - 0 LF 30-INCH ADS N12 (STORM MAIN) $ 95.24 1 LF = $ - 0 LF 36-INCH ADS N12 (STORM MAIN) $ 95.13 / LF = $ - 180 LF 18-INCH RCP (MDT ROW) $ 40.00 / LF = $ 7,200.00 2 EA 18-INCH RCP FES (MDT ROW) $ 1,000.00 / EA = $ 2,000.00 4 EA 48-INCH DIAM. STORM MANHOLE $ 1,814.80 / EA = $ 7,259.20 83 LF 12-INCH ADS N12 (INLET LATERALS/SERVICES) $ 53.41 1 LF = $ 4,433.03 26 LF 15-INCH ADS N12 (INLET LATERALS/SERVICES) $ 37.56 / LF = $ 976,56 7 LF 18-INCH ADS N12 (INLET LATE RALSISERVICES) $ 47.64 / LF = $ 333.48 Page 2 of 4 193 0 EA 18-INCH FLARED END SECTION (N12) $ 800.00 / EA = $ 194 0 EA 24-INCH FLARED END SECTION (N12) $ 1,500.00 / EA = $ 195 0 EA 36-INCH FLARED END SECTION (N12) $ 2,000.00 / EA = $ 196 97 6 EA 30-INCH DIAM. CATCH BASIN CURB INLET $ 1,664.01 / EA = $ 9,984.06 198 4 EA 36-INCH DIAM CATCH BASIN CURB INLET $ 2,286.55 / EA = $ 9,146.20 199 45 EA CONCRETE INLET APRON $ 215.78 EA $ 9,710.10 200 201 0 EA 48-INCH DIAM. STORM SEWER MANHOLE $ 2,947.82 / EA = $ - 202 0 EA 60-INCH DIAM. STORM SEWER MANHOLE $ 4,317.26 / EA = $ 203 0 EA 72-INCH DIAM. STORM SEWER MANHOLE $ 6,244.61 / EA = $ 204 0 EA 48-INCH DIAM. POND CONTROL STRUCTURE $ 2,460.76 / EA = $ 205 206 0 CY CLASS-1 D50 RIP -RAP (1.5" AVG. DEPTH) $ 48.43 / CY = $ - 207 0 SF FABRIC - MIRAFI 140 N (RIP -RAP) $ 0.11 / SF = $ - 208 3,800 SF 12' WIDF GRAVEL ACCESS ROAD - POND $ 0.93 / SF = $ 3,534.00 209 2032 LF 6' HIGH - CHAIN LINK FENCE $ 20.00 / LF = $ 40,640.00 210 211 0.2 LS DRY UTILITIES $ 190,686.47 / LS = $ 38,137.29 212 213 19 EA FH STORZ ADAPTORS $ 380.00 / EA = $ 7,220.00 214 54 EA VALVE COLLARS $ 500.00 / EA = $ 27,000.00 215 54 EA ADJUST VALVE BOXES $ 250.00 / EA = $ 13,500.00 216 62 EA MANHOLE COLLARS $ 700.00 / EA = $ 43,400.00 217 218 13100 LF CURB AND GUTTER $ 14.40 / LF = $ 188,640.00 219 675 SF CONCRETE DRIVEWAY (MDT) $ 7.00 / SF = $ 4,725.00 220 1070 LF MEDIAN CURB $ 18.00 / LF = $ 19,260.00 221 321 SF MEDIAN CONCRETE CAP $ 6.00 / SF = $ 1,926.00 222 3 EA CONCRETE FLUME $ 1,505.42 / EA = $ 4,516.26 '23 46252 SF SIDEWALK $ 3.84 / SF = $ 177,607.68 224 30 EA HANDICAP RAMPS $ 7.61 / EA = $ 228.30 225 30 EA DOME TILES $ 185.67 / EA = $ 5,570.10 226 584 SF VALLEY GUTTER $ 6.98 / SF = $ 4,076.32 227 405311 SF GEOFABRIC $ 0.09 / SF = $ 36,477.99 228 24000 SF 9-INCH of 1.5" CRUSHED SELECT SUB -BASE $ 0.58 / SF = $ 13,920.00 COURSE 229 4000 SF 15-INCH of 1.5" CRUSHED SELECT SUB -BASE $ 0.93 / SF = $ 3,720,00 COURSE 230 28000 SF 6-INCH of 3/4" CRUSHED BASE COURSE $ 0.44 / SF = $ 12,320.00 231 294262 SF 4-INCH ASPHALT $ 1.32 / SF = $ 388,425.84 232 86 EA SIGNAGE $ 275.99 / EA = $ 23,735.14 233 1 LS STRIPING $ 33,000.00 / LS = $ 33,000.00 234 6319 SF TEMPORARY CUL-DE-SAC $ 0.93 / SF = $ 5,876.67 235 236 WHITEFISH STAGE IMPROVEMENTS 237 45914 SF CLEAR/GRUB AND REMOVE TOPSOIL $ 0.20 / SF = $ 9,182.80 238 26914 SF REPLACE TOPSOIL $ 0.20 / SF = $ 5,382.80 239 500 SF REFURBISH EXISTING GRAVEL DRIVEWAY $ 2.00 / SF = $ 1,000.00 240 1 LS REMOVE/RELOCATE FEC SERVICE POLE $ 3,000.00 / LS = $ 3,000.00 241 2684 SF SAWCUT/REMOVE ASPHALT $ 0.19 / SF = $ 509.96 242 1 LS DITCH MODIFICATIONS & PERPETUATION $ 5,000.00 / LS = $ 5,000.00 243 700 LF GUARDRAIL & TERM. SCTS. (MDT TYP.) $ 40.00 / LF = $ 28,000.00 244 25000 SF GEOFABRIC $ 0.09 / SF = $ 2,250.00 245 25000 SF 15-INCH of 1.5" CRUSHED SELECT SUB -BASE $ 0.93 / SF = $ 23,250,00 COURSE 46 21850 SF 6-INCH of 3/4" CRUSHED BASE COURSE $ 0.44 / SF = $ 9,614.00 247 19000 SF 4-INCH ASPHALT $ 1.32 1 SF = $ 25,080.00 248 5500 SY SEAL and COVER $ 1.50 / SY = $ 8,250.00 249 2 EA SIGNAGE $ 275.99 / EA - $ 551.98 Page 3 of 4 250 4815 LF STRIPING $ 2.50 1 LF = $ 12,037.50 251 252 BLOCK 2 - ACCESSES 253 2 EA COMMERCIAL DRIVEWAYS $ 4,000.00 / EA = $ 8,000.00 .54 8500 SF GEOFABRIC $ 0.09 1 SF = $ 765.00 255 8500 SF 9-INCH of 1.5" CRUSHED SELECT SUB -BASE $ 0.58 / SF = $ 4,930.00 COURSE 256 8500 SF 6-INCH of 3/4" CRUSHED BASE COURSE $ 0.44 / SF = $ 3,740.00 257 8500 SF 4-INCH ASPHALT $ 1.32 / SF = $ 11,220.00 TOTAL ESTIMATED BASE COST = $ 1,659,615.20 FEES = $ TOTAL COLLATERAL 4SASE COST & IFEES * 112504 _ S 2j074518M Page 4 of 4 Cxk�, 6i t ///A" KALISPELL NORTH TOWN CENTER - PHASE II LEGAL DESCRIPTION A tract of land located in the south half of Section 19, and the north half of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the northwest corner of said Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the north line of said Section 30, S89°41'21 "E, 69.85 feet to a point on the east boundary of U.S. Highway 93 right-of-way and the POINT OF BEGINNING; thence continuing along the north line of said Section 30, S89041'21 "E, 1237.79 feet to the west sixteenth corner common to said Sections 19 and 30; thence along the sixteenth line of said Section 19, N00'33'20"W, 524.92 feet, thence leaving said sixteenth line, S89°59'34"E, 562.05 feet; thence N00°00'1 VIE, 35.10 feet; thence S89°59'49"E, 60.00 feet; thence S00°00'11"W, 555.00 feet; thence S44059'55"E 7.07 feet; thence EAST 275.88 feet to the beginning of a 1040.00 foot radius curve to the right; thence along said curve 223.72 feet through an angle of 12°19'30"; thence S77°40'30"E, 144.74 feet to the beginning of a 1360.00 foot radius curve to the left; thence along said curve 621.28 feet through an angle of 26°10'27"; thence N76°09'04"E, 150.75 feet, to the beginning of a 1040.00 foot radius curve to the right; thence along said curve 251.33 feet through an angle of 13°50'46'; thence N89°59'50"E 1706.09 feet to a point on the east line of said Section 19; thence along said east line, S00°37'29"E, 41.97 feet to the southeast corner of said Section 19; thence along the south line of said Section 19, said south line also being the north line of Tract B of Certificate of Survey No. 20570, on file in the office of the Clerk and Recorder, N89°40'24"W 687.79 feet to the northwest corner of said Tract B; thence along the west line of said Tract B, S00°12'33"E 41.98 feet; thence S89059'50"W, 1018.92 feet to the beginning of a 960.00 foot radius curve to the left; thence along said curve 231.99 feet through an angle of 13°50'46"; thence S76"09'04"W, 150.75 feet to the beginning of a 1440.00 foot radius curve to the right; thence along said curve 657.83 feet through an angle of 26°10'27"; thence N77°40'30"W, 144.74 feet to the beginning of a 960.00 foot radius curve to the left; thence along said curve 206.51 feet through an angle of 12°19'30"; thence WEST 265.89 feet; thence S45000'05", 7.07 feet; thence S00°00'11"W, 1235.11 feet; thence WEST 1763.36 feet; thence S83°21'33"W, 65.88 feet; thence N89°48'47"W, 40.18 feet to a point on the east line of U.S. Highway 93 right-of-way; thence along said east line N00"11'11"E, 76.39 feet; thence leaving said east line and along the south and east lines of Lot 2, Block 1 of the plat of Kalispell North Town Center - Phase 1, on file in the office of the Clerk and Recorder, for the following three courses: 1) S89°48'47"E, 30.09 feet; 2) S83"27'28"E, 77.25 feet; 3) NORTH 680.10 feet to the southwest corner of Lot 1, Block 1 of said plat of Kalispell North Town Center - Phase 1; thence along the southerly, easterly and northerly lines of said Lot 1 for the following five courses: 1) EAST 436.73 feet to the beginning of a non -tangent curve to the right, said curve having a radial bearing of S50°58'21 "E and a radius of 430.00 feet; 2) along said curve for a distance of 382.54 feet, through an angle of 50'58'20'; 3) EAST 256.08 feet; 4) NORTH 340.77 feet; 5) WEST 1026.85 feet to the northeast corner of said Lot 2; thence along the north line of said Lot 2, WEST 103.09 feet to a point on the east line of said U.S. Highway 93 right-of-way; thence along said east line N00°14'37"E 86.78 feet to the POINT OF BEGINNING, Said Tract contains 56.926 acres. SUBDIVISION Guarantee/Certificate Number: Issued By: dt Fidelity National Title' FT1585-180275 Insurance Company FIDELITY NATIONAL TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES Stillwater Corporation, a Montana Corporation herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Fidelity National Title Company of Flathead Valley, LLC 1807 3rd Ave E Kalispell, MT 59901 Countersigned By: Authorized Officer or Agent 'Loki , r� 'SEAL Fidelity National Title Insurance Company By: Attest: i President Secretary subdivision Guarantee/Certificate Printed: 02.20.18 @ 02:07 PM Page 1 MT-FT-FLAT-01585,350200-SPS-1-18-FT1585-180275 GUARANTEE/CERTIFICATE NO. FIDELITY NATIONAL TITLE INSURANCE COMPANY FT1585-180275 ISSUING OFFICE: Title Officer: Karla Kemm (LC) Fidelity National Title Company of Flathead Valley, LLC 1807 3rd Ave E Kalispell, MT 59901 Main Phone: (406)755-7004 Email: Karla. Kemm@fnf.com SCHEDULE A Liability Premium Tax $10, 000.00 $150.00 $0.00 Effective Date: February 15, 2018 at 08:00 AM The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Title to said real property is vested in: Stillwater Corporation, a Montana corporation subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Subdivision Guarantee/Certificate Printed: 02.20.18 @ 02:07 PM Page 2 MT-FT-FLAT-01585.350200-SPS-1-18-FT1585-180275 EXHIBIT "A" Legal Description A tract of land located in the South Half of Section 19, and the North Half of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the northwest corner of said Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the north line of said Section 30, S89°41'21"E, 69.85 feet to a point on the east boundary of U.S. Highway 93 right-of-way and the POINT OF BEGINNING; thence continuing along the north line of said Section 30, S89041'21 "E, 1237.79 feet to the west sixteenth corner common to said Sections 19 and 30; thence along the sixteenth line of said Section 19, N00°33'20"W, 524.92 feet, thence leaving said sixteenth line, S89°59'34"E, 562.05 feet; thence N00°00'11"E, 35.10 feet; thence S89059'49"E, 60.00 feet; thence S00°00'1 VW, 555.00 feet; thence S44059'55"E 7.07 feet; thence EAST 275.88 feet to the beginning of a 1040.00 foot radius curve to the right; thence along said curve 223.72 feet through an angle of 12'19'30"; thence S77°40'30"E, 144.74 feet to the beginning of a 1360.00 foot radius curve to the left; thence along said curve 621.28 feet through an angle of 26°10'27"; thence N76°09'04"E, 150.75 feet, to the beginning of a 1040.00 foot radius curve to the right; thence along said curve 251.33 feet through an angle of 13050'46'; thence N89°59'50"E 1706.09 feet to a point on the east line of said Section 19; thence along said east line, S00°37'29"E, 41.97 feet to the southeast corner of said Section 19, thence along the south fine of said Section 19, said south line also being the north line of Tract B of Certificate of Survey No. 20570, on file in the office of the Clerk and Recorder, N89°40'24"W 687.79 feet to the northwest corner of said Tract B; thence along the west line of said Tract B, S00°12'33"E 41.98 feet; thence S89°59'50"W, 1018.92 feet to the beginning of a 960.00 foot radius curve to the left; thence along said curve 231.99 feet through an angle of 13°50'46"; thence S76°09'04"W, 150.75 feet to the beginning of a 1440.00 foot radius curve to the right; thence along said curve 657.83 feet through an angle of 26'1027 - thence N77°40'30"W, 144.74 feet to the beginning of a 960.00 foot radius curve to the left; thence along said curve 206.51 feet through an angle of 12'19*30' thence WEST 265.89 feet; thence S45°00'05", 7.07 feet; thence S00°0011"W, 1235.11 feet; thence WEST 1763.36 feet; thence S83°21'33"W, 65.88 feet; thence N89°48'47"W, 40.18 feet to a point on the east fine of U.S. Highway 93 right-of-way; thence along said east line N00°1111"E, 76.39 feet; thence leaving said east line and along the south and east lines of Lot 2, Block 1 of the plat of Kalispell North Town Center - Phase 1, on file in the office of the Clerk and Recorder, for the following three courses: 1) S89°48'47"E, 30.09 feet; 2) S83°27'28"E, 77.25 feet; 3) NORTH 680.10 feet to the southwest corner of Lot 1, Block 1 of said plat of Kalispell North Town Center - Phase 1; thence along the southerly, easterly and northerly lines of said Lot 1 for the following five courses: 1) EAST 436.73 feet to the beginning of a non -tangent curve to the right, said curve having a radial bearing of S50°58'21"E and a radius of 430.00 feet; 2) along said curve for a distance of 382.54 feet, through an angle of 50°58'20"; 3) EAST 256.08 feet; 4) NORTH 340.77 feet; 5) WEST 1026.85 feet to the northeast corner of said Lot 2, thence along the north line of said Lot 2, WEST 103.09 feet to a point on the east line of said U.S. Highway 93 right-of-way; thence along said east line N00°14'37"E 86.78 feet to the POINT OF BEGINNING. The above described tract of land is to be known and designated as Kalispell North Town Center - Phase 2. Subdivision GuaranteelCe tificate Printed_ 02,20.18 @ 02:07 PM Page 3 MT-FT-FLAT-o1585.350200-SPS-1-18-FT1585-180275 GUARANTEE/CERTIFICATE NO. FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B FT1585-180275 a. Rights or claims of parties in possession not shown by the Public Records. b. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the Land including, but not limited to, insufficient or impaired access and matters contradictory to any survey plat shown by the Public Records. c. Easements, or claims of easements, not shown by the Public Records. d. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. e. (a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters accepted under (a), (b), (c) are shown by the Public Records. f. Taxes to special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. g. County road rights -of -way, not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21 MCA, including, but not limited to any right of the public to use and occupy those certain roads and trails. h. Mineral rights, claims or title to minerals in or under said land, including but not limited to metals, oil, gas, coal, or other hydrocarbons, sand, gravel, or stone, and geothermal energy rights, and easement or other rights or matters relating thereto, whether express or implied, recorded, or unrecorded. Paragraphs 1, a, b, c, d, and f will not appear as printed exceptions on extended coverage policies, except as to such parts thereof which may be typed as a Special Exception as shown below. SPECIAL EXCEPTIONS: General Taxes for the year 2017 1st Half: $21,581.51, PAID 2nd Half: $21,581.34, DUE and will become delinquent after May 31, 2018 Tax ID No.: 75-0974607 Affects: Premises and other property General County Taxes for the year 2018 and subsequent years, which are a lien but not yet due or payable. Any possible additional tax assessments because of construction and/or improvements to the property. 4. Location of Whitefish Stage, a 30' declared county road. Affects: Tr 6A in Section 19 Subdivision Guarantee/Certificate Printed: 02.20.18 @ 02:07 PM Page 4 MT-FT-FLAT-01 685.350200-SPS-1-1 8-FT1 585-180275 GUARANTEE/CERTIFICATE NO. FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B (continued) 5. Right of way(s) contained in Bill of Sale Recording Date: November 16, 1951 Recording No.: 330/212 Affects: Sections 19 and 30 FT1585-180275 Covenants, conditions and restriction scontained in Warranty Deed but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: April 5, 1973 Recording No: 550/579 Affects: Tr 1 B in Section 30 7. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained or referred to on Certificate of Survey No. 4491. Reference is hereby made to the survey for more particulars. Affects: Tr 2C and 2D in Section 19 8. Water Line Easement and rights incidental thereto Recording Date: May 4, 1982 Recording No.: 739/334 Affects: Tr 1, 1 G, 11, 1 D in Section 30 Correction Water Line Easement Recording Date: June 25, 1985 Recording No.: 85-176-12400 Affects: Tr 6A in Section 19 and Tr 1, 1 G, 11, 1 D in Section 19 Water Line Easement and rights incidental thereto and terms and provisions contained therein Recording Date: May 4, 1982 Recording No.: 739/339 Affects: Tr 1, 1 G, 11, 1 D in Section 30 Correction Water Line Easement Recording Date: June 25, 1985 Recording No,: 85-176-12410 Affects: Tr 1, 1 G, 11,1 D in Section 30 Subdivision Guarantee/Certificate Printed, 02.20.18 @ 02:07 PM Page 5 MT-FT-FLAT-01585.350200-5PS-1-1 a-FT1585-180275 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B (continued) 10. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Flathead Electric Cooperative, Inc, Recording Date: June 30, 1983 Recording No.: 775/231 Affects: Tr 1 B in Section 30 GUARANTEEXERTIFICATE NO. FT1585-180275 11. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained or referred to on Certificate of Survey No. 6643. Reference is hereby made to the survey for more particulars. Affects: Tr 1,1G, 1D, 11 in Section 30 12. Easement(s) and rights incidental thereto as reserved in a document: Reserved by: Orrin R. Streich and Naomi L. Streich Recording Date: December 7, 1983 Recording No.: 792/325 AND Recording Date: May 19, 1987 Recording No.: 87-139-16390 Affects: Tr 11 in Section 30 13. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained or referred to on Certificate of Survey No. 7930. Reference is hereby made to the survey for more particulars. Affects: Tr 1 D in Section 30 14, Easement(s) and rights incidental thereto as set forth in a document: In favor of: Regional Enterprises, Inc. Recording Date: January 21, 1985 Recording No.: 85-021-10130 Affects: Tr 2C, 2D in Section 19 15. Covenants, conditions and restrictions contained in Deed but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: January 21, 1985 Recording No: 85-021-10150 Affects: Tr 2C, 2D in Section 19 vision Guarantee/Certificate Printed: 02.20.18 @ 02:07 PM Page ((Page)) MT-FT-FLAT-01 585.350200-SPS-1-1 8-FT1585-180275 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B (continued) 16. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Northwestern Telephone Systems, Inc. Recording Date: April 4, 1985 Recording No.: 85-094-13000 Attects: Tr 11 in Section 30 17. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Flathead Electric Cooperative, Inc. Recording Date: April 29, 1985 Recording No.: 85-119-08030 Affects: Tr 11 in Section 30 GUARANTEEICERTIFICATE NO. FT1585-180275 18. Water Line Easementand rights incidental thereto and terms and provisions contained theein Recording Date: June 25, 1985 Recording No.: 85-176-12420 Affects: Tr 1, 1 G,11, 1 D in Section 30 19. Water Line Easement and rights incidental thereto and terms and provisions contained therein Recording Date: August 8, 1985 Recording No,: 85-220-08410 Affects: Tr 6A in Section 19 and Tr 1,1 G,1 I, 1 D in Section 30 20. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained or referred to on Certificate of Survey No. 8886. Reference is hereby made to the survey for more particulars. Affects: Tr 6A in Section 19 21. Easement(s) and rights incidental thereto as set forth in a document: In favor of: The Montana Power Company Recording Date: November 1, 1989 Recording No.: 89-305-11300 Affects: Tr 6A in Section 19 and Tr 11,iD in Section 30 22. Easement(s) and rights incidental thereto as set forth in a document: In favor of: The Montana Power Company Recording Date: November 1, 1989 Recording No.: 89-305-11310 Affects: Tr 2C, 2D in Section 19 Subdivision Guarantee/Certificate Printed: 02.20,18 @ 02:07 PM Page {{Page}} MT-FT-FLAT-01585.350200-SPS-1-18-FT1585-180275 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B (continued) 23. Easement(s) and rights incidental thereto as set forth in a document: In favor of: LHC, Incorporated Recording Date: November 21, 1989 Recording No.: 89-325-15560 Affects: Tr 2Din Section 19 and Tr 11, 1 D in Section 30 24. Resolution No. 789A Recording Date: July 10, 1990 Recording No.: 90-191-14270 25, Resolution No. 790A Recording Date: July 10, 1990 Recording No.: 90-191-14280 26. Resolution No, 837A Recording Date: April 27, 1992 Recording No.: 92-118-12020 27. Terms and provision contained in Bargain and Sale Deed Recording Date: November 16, 1995 Recording No.: 95-320-08580 Affects: Tr 1B in Section 30 GUARANTEEICERTIFICATE NO. FT1585-180275 28. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained or referred to on Certificate of Survey No. 14606. Reference is hereby made to the survey for more particulars. Affects: Tr 11 in Section 30 29. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Flathead Power Co. Recording Date: February 28, 2002 Recording No.: 2002-059-08510 Affects: SE4 of Section 19 30. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Flathead Power Co. Recording Date: March 13, 2002 Recording No.: 2002-072-09510 Affects: Tr 11 in Section 30 Guarantee/Certificate Printed: 02.20.18 @ 02:07 PM Page f{Page)} MT-rT-FLAT-01585.350200-SPS-1-18-FT1585-100275 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B (continued) 31. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Flathead Power Co. Recording bate: April 8, 2002 Recording No.: 2002-098-09340 Affects: E2SW4 Section 19 32. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Flathead Power Co. Recording Date: August 14, 2002 Recording No.: 2002-226-08290 Affects: NW4 of Section 30 33, Resolution No. 5129B Recording Date: August 11, 2006 Recording No.: 2006-223-08320 34. Resolution No. 5257 Recording Date: February 20, 2008 Recording No.: 200800004401 35. Petition to Annex and Notice of Withdrawal from Rural Fire District Recording Date: February 20, 2008 Recording No.: 200800004402 36. Ordinance No. 1630 Recording Date: April 10, 2009 Recording No.: 200900009939 GUARANTEEXERTIFICATE NO. FT1585-180276 37. A right of first refusal to purchase said Land with certain terms, covenants, conditions and provisions as set forth in the document Executed by: Wolford Management, LLC and Score Management, LLC Disclosed by: First Right of Refusal to Match Offer to Purchase or to Land Lease Recording Date: December 23, 2011 Recording No: 201100026800 38. Ordinance No. 1747 Recording Date: November 13, 2014 Recording No.: 201400023277 Subdivision Guarantee/Certificate Printed: 02.20.18 @ 02:07 PM Page ((Page)} MT-FT-FLAT-01585.350200-SPS-1-18-FT1585-180275 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B (continued) 39. Ordinance No. 1780 Recording Date: December 8, 2016 Recording No.: 201600027318 40. Matters contained in that certain Developers Agreement Executed by: Stillwater Corporation and City of Kalispell Recording Date: May 24, 2017 Recording No: 201700010569 GUARANTEE/CERTIFICATE NO. FT1585-180275 41. Perpetual Utility and Access Easement(s) and rights incidental thereto as set forth in a document: In favor of: City of Kalispell Recording Date: August 10, 2017 Recording No.: 201700019376 42, Corner Record Survey Recording bate: September 27, 2017 Recording No.: 201700024132 Affects: Tr 2D in Section 19 and Tr 1, 1G in Section 30 43. Corner Record Survey Recording Date: January 26, 2018 Recording No.: 201800001883 Affects: Tr 2D, 6A in Section 19 and Tr 1 D, 11 in Section 30 44. Recitals, notes, dedications, easements, certificates and covenants as contained on the proposed plat of Kalispell North Town Center - Phase 2. Reference is hereby made to the plat for more particulars. 45. State of Montana Department of Environmental Quality Certificate of Subdivision Approval to be recorded with the proposed plat of Kalispell North Town Center - Phase 2, if any. 46. Certificate of Subdivision, when recorded, must be in compliance with the provisions of the Montana Subdivision and Platting Act, 1973, (Sections 76-3-101 MCA) and the regulations adopted pursuant thereto. 47. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 48. The land described in the commitment/policy shall not be deemed to include any home trailer or mobile home located on the property. 49. Exceptions and reservations contained in Patents of record. Subdivision Guarantee/Certificate Printed, 02,20.18 @ 02:07 PM Page {{Page}} MT-FT-FLAT-01585.350200-SPS-1-18-FT1585-180275 GUARANTEEXERTIFICATE NO. FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B (continued) 50. We find the described property herein is located in the Kalispell Fire District. END OF SCHEDULE B FT1585-180275 Subdivision GuaranteelCert flcate Printed: 02.20.18 @ 02:07 PM Page ffPage}) MT-FT-FLAT-01 585.350200-SPS-1-1 8-FT1 585-180275 192921 SCALE 1" = 400' THIS MAP IS PREPARED ONLY FOR THEAD IKISTRATIVEOSE OF rLATHEAp COUNTY AND IS NOT NECESSARILYAN ACCURATE REPRESENTATION OF THE LOCATION OR EHISTENOE OF TRACTS OF RECORD. THRIR OOUNOARI£5 OR EASHENTS AND ROADWAYS. 12-3046 This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, location of easements, acreage or rather matters shown thereon_ mi. 0=712014 G This is being furnished as an aid in locating the; herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted. Fxcept to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, location of easements, acreage or Oh--:r m-liters shown thereon_ Return to: James C. Bartlett P.O. Box 2819 111111411111111111411f111111l1illlll4lllllll4111141iNHIIl1111111111II4Nll14111111111III Page: I of 14 7 Kalispell, M 1' 59903-2819 Fees. 598.00 Paula Robinson, Flathead county MT by DD 1/6/2012 1L•D2 AM Taxes to: Stillwater Corporation 155 7th Avenue WN P.O. Box 7338 Kalispell, MT 59904 CG - 5 Z 6y7 �Q. WARRANTY DEED �l For Value Received SCORE MANAGEMENT LLC, a Montana Limited Liability Company of Kalispell, Montana, the GRANTOR, does hereby grant, bargain, sell, convey, warrant and confirm unto S T I L L W A T E R CORPORATION, a Montana Corporation of 155 7th Avenue WN, P.O. Box 7338, Kalispell, MT 59904, the GRANTEE, forever, the real estate located in Flathead County, Montana, the full legal description of which is: The parcels as described on Exhibit A and subject to and together with declarations, easements, covenants, and restrictions, and instruments of r record as shown on Exhibit B and to the terms and provisions of First 15 ` Right of Refusal to Match Offer to Purchase or to Land Lease, recorded December 23, 20011 as Document #201100026800, records of ,o Flathead County, Montana, which document affects Tracts 4, 5, 6, 7 and > 11. 0 Q TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee Qand its successors and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that it is the owner in fee simple of said premises; that they are free from all incumbrances except as recited above, and that it will WARRANT �and dDDEFEND the same from all lawful claims whatsoever. Dated day of December, 2011. SCOT M 2012000g03 s 11111f�1111Y411111�1V11"�11111fllltlilllll1111{114111�11111�111111i41Yll�lltlllll`I1�1111 67 III0VI 82114 1/6/2 STATE OF MONTANA : ss County of Flathead ) T?nh instrument was acknowledged before me on the ayof December, 2011, by William D. Tanner, Manager for SCORE MANAGEMENT, LLC. /A �. al�l�& "MWdrib ��ft 4IIIIIIIIIIIIIIII�IIIIIIIfllllllllllllllllllllllIIII11MIIIIIIIAEli IIIIIIIIII IIIIIIII P20123 age°3o00467 Fees. $9$.o0 1/6/2012 iit02 AM EXHIBIT A Tract 1: A tract of land Iocated in the Southeast Quarter (SE'/4) of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows: Commencing at the Southeast section corner of said Section 19, and which point is the True Point of Beginning; thence North 89°55'21" West, on and along the South boundary of said Southeast Quarter, a distance of 265 1.0 0 feet to a point, which indicates the South Quarter corner of said Section 19; thence North 00°48'09" West, on and along the West boundary of said Southeast Quarter, a distance of 1328.10 feet to a point, thence North 89052'39" East, on and along the South boundary of that tract of land indicated on Certificate of Survey No. 3813, records of Flathead County, a distance of 1377,04 feet to the Southwest corner of Tract I of Certificate of Survey No. 8846, records of Flathead County, thence South, a distance of 34.23 feet to a point; thence North 89052"39" East, a distance of 1272.87 feet to a point which point lies on the East boundary of said Southeast Quarter of Section 19; thence South 00°51'59" East, on and along said East boundary of the Southeast Quarter, a distance of 1303.14 feet to the True Point of Beginning. Shown as Trac[ h ol' Certificate of Survey No_ 8886 Tract 2- The North Half of the Southeast Quarter of the Southwest Quarter (N'/2SE`/4S W `/a) of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. Shown as Tract 9 of Certificate of Survey No. 4491. Tract 3: The South Half of the Southeast Quarter of the Southwest Quarter (S'/SE'/.S W'/) of Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. Shown as Tract 10 of Certificate No. 4491. Tract 4• A tract of land in Government Lot 1, Section 30, Township 29 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows: IIl{Illilllii4li{Illli{{1{I4i11{il{4lll11411411{{I111{III{111{4I441{I'�4IIl{I441II414{II114 Feesa$9. , 7 1/6/7012 11:02 AM Commencing at the Northwest Quarter of said Section 30; thence South 89°55'21" East along the North boundary of said Government Lot 1, a distance of 61.20 feet to a point, which point lies on the East boundary line of U.S. Highway 93 and also being the true point of beginning; thence South 0°03'51" West and along the East boundary of said highway right-of-way a distance of 1,306.86 feet to a point on the South boundary line of said Government Lot 1; thence South 89°55'21" East and along the South boundary line of said Government Lot 1, a distance of 821.04 feet to a point; thence North 1024'33" West a distance of 1,307.26 feet to a point of the North boundary line of said Government Lot 1; thence North 89°55'21" West and along the North boundary line of said Government Lot 1 a distance of 784.43 feet to the True Point of Beginning. Shown as Survey Plat recorded April 5, 1973 in Book 550, page 579, records of Flathead County, Montana. EXCEPTING THEREFROM that portion deeded to the State of Montana for highway purposes by instrument recorded November 16, 1995 as Document #9532008580, records of Flathead County, Montana. Tract 5- The Northwest Quarter (NW%) of Section 30, Township 29 North, Range 21 West, M.P.M.. Flathead County. Montana. 1?XCFPT1NG THEREFROM: A tract of land situated, lying and being in Government Lot 2, Section 30, Township 29 North, Range 21 West, M.P.M., Flathead County, Montana, and more particularly described as follows: Commencing at the West Quarter comer of Section 30, Township 29 North, Range 21 West, M.P.M., Flathead County, Montana; thence South 891130'00" East along the South boundary of said Government Lot 2 of said Section 30, a distance of 75.50 feet to a point of the Easterly right-of-way line of U.S. Highway No. 93; thence North 00'22' 18" East along said right-of-way line a distance of 600.74 feet to a point which is the true point of beginning of the tract of [and herein described; thence North 00'22' 18" East continuing along said right-of-way line a distance of 660.00 feet to a point; thence South 88°17'06" East leaving said right-of-way line a distance of 330.09 feet to a point; thence South 00'22' 18" West a distance of 660.00 feet to a point; thence North 88°17'06" West a distance of 330.09 feet to the Place of Beginning. ALSO EXCEPTING THEREFROM: A tract of land situated, Iying and being in Government Lot 2, Section 30, Township 29 North, Range 21 West, M.A.M., Flathead County, Montana, and more particularly described as follows: IIIEIIII�IIIIIIII�IIIIIIIII�lII�I�lII�I�II�IIII�II�I �ll�l�lil�ll��lk4Elll�lli l�l�llll�ll Vageisoff 1467 Fees: #98.00 1/6/2012 11:02 AM Commencing at the West Quarter corner of Section 30, Township 29 North, Range 21 West, M.P.M., Flathead County, Montana; thence South 89°30'00" East along the South boundary of Government Lot 2 of said Section 30, a distance of 75.50 feet to a point of the Easterly right-of-way line of U.S. Highway No. 93, which is also the true point of beginning of the tract of land herein described; thence North 00'22' 18" East along said right-of-way line a distance of 600.74 feet to a point; thence South 88117'06" East leaving said right-of-way line a distance of 330.09 feet to a point; thence South 00022' 18" West a distance of 593.74 feet to a point on the South boundary of said Government Lot 2; thence North 89130'00" West along said South boundary a distance of 330.00 feet to the PIace of Beginning. ALSO EXCEPTING THEREFROM: A tract of land in Government Lot 1, Section 30, Township 29 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows: Commencing at the Northwest Quarter of said Section 30; thence South 89°55'21" East along the North boundary of said Government Lot 1, a distance of 61.20 feet to a point, which point ties on the Fast boundary line of U.S. Highway 93 and also being the True Point of Beginning; thence South 0°03'51" West and along the East boundary of said highway right-of-way a distance of 1,306,66 feet to a point on the South boundary line of said Government Lot 1, thence South 89°55'21 " East and along the South boundary line of said Government Lot 1, a distance of 821.04 feet to a point; thence North 1'24'33" West a distance of 1,307.26 feet to a point of the North boundary line of said Government Lot 1; thence North 89°55'21" West and along the North boundary tine of said Governmcnt Lot 1 a distance of 782.43 feet to the True Point of Beginning. Shown as Survey Plat recorded April 5, 1973 in Book 550, page 579, records of Flathead County, Montana. EXCEPTM THEREFROM that portion deeded to the State of Montana for highway purposes, by instrument recorded November 16, 1995 as Document 49532008580, records of Flathead County, Montana. ALSO EXCEPTING THEREFROM: A tract of land in the Northeast Quarter of the Northwest Quarter (NE'/.NW%) of Section 30, Township 29 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows: Beginning at the Northeast comer of the Northwest Quarter (NW'/4) of Section 30; thence II�II{�I�IlIIIII�II�I�lIII�II�II�I���IIIIIIIIIIIIII�III�III�iII����I�IIIE����f�����ll�� PIge:6of 467 Fees: $ 18.00 1J6J2012 11:12 AM South 00102'50" East and along the East boundary of said Northwest Quarter a distance of 25.00 feet to a point; thence North 89°29'51" West a distance of 25.00 feet to a point; thence North 00°02' 50" West a distance of 25.00 feet to a point on the North boundary of the said Northwest Quarter; thence South 89°29'51" East and along the said North boundary a distance of 25.00 feet to the Place of Beginning. Shown as Certificate of Survey No. 7930. ALSO EXCEPTING THEREFROM: A tract of land, situated, lying, and being in the East Half of the Northeast Quarter of the Northwest Quarter (E%NE'!<NW/) and in the North Half of the Northeast Quarter (Nl/:NE'/,) of Section 30, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows to wit: Beginning at the Northwest corner of the North Half of the Northeast Quarter of Section 30, Township 29 North, Range 21 West, P.M.M., FIathead County, Montana, thence along the North boundary of said NI/2NEI/a South 89'28' 14" East a distance of 1963.12 feet to a point; thence South a distance of 1324.12 feet to a point on the South boundary of said N'/ZNE'/4; thence along said South boundary North 89°29'07" West a distance of] 962.02 feet to a point and the Southeast comer ofthe E'/,NE'/4NW'/4; thence along said South boundary of said E'/zNE'/4NW`/4 North 89°29'55" West a distance of 663.49 feet to a point and the Southwest corner thereof; Thence along the West boundary of said E'/zNE'/NWY4 North 00Q12'04" East a distance of 1324.61 feet to a point and the Northwest corner thereof; Thence along the Notch boundary of said E'/zNE'/4NW'/4 South 89°29'5I" East a distance of632.75 feet to a point; thence South 00002'50" East a distance of 25.00 feet to a point; thence South 891 29'51" East a distance of 25.00 feet to a point on the East boundary of said EI/zNE'/4NW`/; thence along said East boundary North 00°02' 50" West a distance of 25.00 feet to the Point of Beginning. Shown as Tract 1 of Certificate of Survey No. 14606. ALSO EXCEPTING THEREFROM: That portion deeded to the State of Montana for highway purposes, by instrument recorded November 16, 1995 as Document #9532008590, records of Flathead County, Montana ALSO EXCEPTING THEREFROM: That portion deeded to the State of Montana for highway purposes, by instrument recorded September 12, 1995 as Document #9525508080, records of Flathead County, Montana IIIIIIIIIIIINIIIIIIIIIIIfiIIIIIIIIiIIlig11i1111111111111111fIIIIIIIIIIN 111IIIII11 P20120 age00049467 1/6/2012 11902 AM Tract 6: A tract of land situated, lying and being in Government Lot 2, Section 30, Township 29 North, Range 21 West, M.P.M., Flathead County, Montana, and more particularly described as follows: Commencing at the West Quarter comer of Section 30, Township 29 North, Range 21 West, M.P.M., Flathead County, Montana; thence South 89°30'00" East along the South boundary of said Government Lot 2 of said Section 30, a distance of 75.50 feet to a point of the Easterly right-of-way line of US. Highway No. 93; thence North 00'22' 18" East along said right-of-way line a distance of 600.74 feet to a point which is the true point of beginning of the tract of land herein described; thence North 00'22' 18" East continuing along said .right-of-way line a distance of 660.00 feet to a point; thence South 88°17'06" East leaving said right-of-way line a distance of 330.09 feet to a point; thence South 00'22' 18" West a distance of 660.00 feet to a point; thence North 88°17'06" West a distance of 330.09 feet to the Place of Beginning. Shown as Tract 1 of Certificate of Survey No. 6116, EXCEPTING THEREFROM: That portion deeded to the State of Montana for highway purposes, by instrument recorded November 16. 1995 as Document #9532008590, records o f Flathead County, Montana. Tract 7: A tract of land, situated, lying, and being in the East Half of the Northeast Quarter of the Northwest Quarter (E!/2NEY4NW%) and in the North Half of the Northeast Quarter (N%NE'/,) of Section 30, Township 29 North, Range 21 West, P.M.M., FIathead County, Montana, and more particularly described as follows: Beginning at the Northwest comer of the North Half of the Northeast Quarter of Section 30, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana; thence along the North boundary of said N'/zNEY4; South 89°28' 14" East a distance of 1963.12 feet to a point; thence South a distance of 1324.12 feet to a point on the South boundary of said N'/zNE'/4; thence along said South boundary; North 89°29'07" West a distance of 1962.02 feet to a point and the Southeast corner of the E%NE'/<NW %,; thence along said South boundary of said E%NE%NW %4 North 89°29'55" West a distance of 663.49 feet to a point and the Southwest corner thereof; thence along the West boundary of said EYM11,NW'/4 North 00°12'04" East a distance of 1324.61 feet to a point and the Northwest corner thereof, thence along the West boundary of said E%NE'/4NW'/4 South 89°29'51" East a distance of 632.75 feet to a point; thence South 00°02'50" East a distance of 25.00 feet to a point; thence Ilflllllllll lllllllhllfll llllllllllllhl�IIIIIIIIIIII IIIflllllllllllllllllllllllllllll P201200000367 age; 8 of 14 Fees: MS.00 1/6/2012 1l:02 AM South 89029' 51" East a distance of 25.00 feet to a point on the East boundary of said E'/zNE'/,NW%,; thence along said East boundary North 00"02'50" West a distance of 25.00 feet to the Point of Beginning. Shown as Tract 1 of Certificate of Survey No. 14606. Tract 8• A tract of land in the in the Northeast Quarter of the Northwest Quarter (NEW'/.NW%.) of Section 30, Township 29 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows: Beginning at the Northeast corner of the Northwest Quarter (NW'/4) of Section 30: thence South 00°02'50" East and along the East boundary of said Northwest Quarter a distance of 25.00 feet to a point; thence North 89°29'51" West a distance of 25.00 feet to a point; thence North 00°02'50" West a distance of 25.00 feet to a point on the North boundary of the said Northwest Quarter; thence South 89029'51" East and along the said North boundary a distance of 25.00 feet to the place of beginning. Shown as Certificate of Survey No. 7930 Tract 9: The South Half of the Northeast Quarter (S`,%NE%n) of Section 30, lownship 29 North, Range 21 West, M.P.M., Flathead County, Montana EXCEPTING THEREFROM: A tract of land in the Northeast Quarter (NE%+) of Section 30, Township 29 North, Range 21 West, M.P.M., Flathead County, Montana, being more particularly described as follows: Beginning at the Southeast corner of the aforesaid Northeast Quarter; thence North 89°55' West a distance of 30.00 feet to the Westerly right of way of the County Road and the true point of beginning of the tract to be described; thence North 89°55 West upon the Southerly boundary of the aforesaid Northeast Quarter a distance of 727.00 feet to a point; thence North 0° 10' West and parallel to the Easterly boundary of the aforesaid Northeast Quarter a distance of 1017.60 feet to a point; thence North 88°56' East a distance of 727.10 feet to the Westerly Right of Way of the county road; thence South 0*10' East upon the Westerly Right of Way of the county road a distance of 1030.52 feet, more or less, to the paint of beginning. Tract 10: IIIIII4IIII�4IIIIIIIII ��IIIII�IIIIk�il�1�{IIII�II�IIIIIIIIk�IIIII�IIIII�I�Vllll��il€I��i Page: 9o00467 FeeS. $98.00 1/5/2012 11:02 AM A tract of land, situated, lying, and being in Government Lot 4, in the East Half of the Southwest Quarter (E'/2S W%) and in the West Half of the Southeast Quarter (W'/2SE%) of Section 30, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows: Beginning at the Northwest corner of the Northeast Quarter of the Southwest Quarter of Section 30, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana; thence South 89°28'42" East and along the North boundary of the South half of said Section 30 a distance of 1663.48 feet to a point; thence South 00°02'29" East a distance of 2618.60 feet to a point on the Northerly right-of-way of West Reserve Drive; thence North 8991'56" West and along said right-of-way a distance of 330.84 feet to a point on the East boundary of said SW'/; thence leaving said right-of-way North 00'02' 16" West and along said East boundary a distance of 694.72 feet to a point; thence North 89032'05" West a distanca of 1383.47 feet to the approximate thread of Stillwater River; thence along said thread the following ten (10) courses: North 51°30'46" West a distance of 36.49 feet; North 75000'38" West a distance of 65.45 feet; South 50°54'56" West a distance of 291.30 feet; South 75042'59" West a distance of 128.45 feet; North 559 9'42" West a distance of 100.35 feet; North 01 '20' 19" East a distance of 92.74 feet; North 48°33'35" East a distance of 191.54 feet; North 15°01'45" East a distance of 122.29 feet; North I 1 058'09" West a distance of- 142 46 feet; North 22°09'09" West a distance of 265.57 feet to the North boundary of Government Lot 4 of said Section 30; thence leaving said thread South 89°30'43" East and along said North boundary a distance of 530.58 feet to apoint and the Southwest corner of said NE'/,SW'/a; thence North 00°10'27" West and along the West boundary of said NE'/4SW'/ a distance of 1325.33 feet to the Point of Beginning. Shown as Tract I of Certificate of Survey No. 12458. Tract 11.- Tract 2 of Certificate of Survey No. 6116, located and being in Government Lot 2, Section 30, Township 29 North, Range 21 West, M.P.M., Flathead County, Montana, and more particularly described as follows: EXCEPTING THEREFROM: That portion deeded to the Sate of Montana for highway purposes, by instruments recorded November 21, 1995 as Document #9532510230 and November 21, 1995 as Document #9532510240, records of Flathead County, Montana. 1144441illllllllllllllllllllllllllllllllIlllllllllllllllll4ll111lllllllllllllll67 III lllllllllllll Fees:98 00 1/6/2012 11.02 AM lilll�l11llllllllil�lllll�lll llll 11lll�I�IIII��IIII�IIIIIIIIIIIII III IIII�IIIIIII��IIIII�II Page: I of 14 Fees: $98.00 1/6/2012 11:02 AM EXHIBIT B 1. Right of the Public to use, for recreational and navigational purposes, any portion of said premises lying below or beyond the line of high-water of Stillwater River, or lying below or beyond any government meander line, together with the right to use portions of said premises lying above the high- water line to portage around any barriers. Mact 10) 2. Transmission Line easement granted to the United States of America, by instrument recorded September 7, 1951, under Recorder's Fee #4878, in Book 320, Page 558, records of Flathead County, Montana, and as shown on final ALTA/ACSM Land Title Survey, prepared by Smith Surveying & Consulting for Wolford Development Montana, LLC, dated August 21, 2007. (Tract 10) 3. Easement for transmission line and related purposes granted Flathead Electric Cooperative, Inc., by instrument recorded October 2, 1964, under Recorder's Fee #8421, in Book 467, Page 119, records of Flathead County, Montana. Mact 10) 4. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, power, obligations, liens or charges as provided therein, but omitting covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, contained in instrument recorded April 5, 1973 under Recorder's Fee #3309, in Book 550, Page 579, records of Flathead County, Montana, and any amendments thereto. (Tract 4) 5. Easement for transmission line and related purposes granted Pacific Power & Light Company, by instrument recorded March 12, 1976, under Recorder's Fee #2359, in Book 594, Page 284, records of Flathead County, Montana, and as shown on final ALTA/ACSM Land Title Survey, prepared by Smith Surveying & Consulting for Wolford Development Montana, LLC, dated August 21, 2007. (Tract 10) 6. Easement for transmission line and related purposes granted Flathead Electric Cooperative, Inc., by instrument recorded June 30, 1983, under Recorder's Fee #11812, in Book 775, Page 231, records of Flathead County, Montana. (Tract 4) 7. A 40 foot easement for ingress, egress and utility purposes, and terms and provisions contained therein, granted in instrument recorded January 21, 1985, under Document #8502110130, records of Flathead County, Montana, and as shown on final ALTA/ACSM Land Title Survey, prepared by Smith Surveying & Consulting for Wolford Development Montana, LLC, dated August li��lflll�f�l!I �II��I��I����II�IIII IIII II IIIIII[I��I��II�II�IIIIIlillllllll� �lll��l11�111 Page: 12 of 147 21, 2007. (Tracts 2, 3) 1/6/2012 1112 AM 8. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, power, obligations, liens or charges as provided therein, but omitting covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, contained in instrument recorded January 21, 1985, under Document #8502110150, records of Flathead County, Montana, and any amendments thereto. (tracts 2, 3) 9. A 60 foot declared county road known as Whitefish Stage Road, along the East boundary as shown on Certificate of Survey #8886, County Assessor's map, and as shown on final ALTA/ACSM Land Title Survey, prepared by Smith Surveying & Consulting for Wolford Development Montana, LLC, dated August 21, 2007. Wracts 1, 9) 10. Easement for gas pipe line and related purposes granted Montana Power Company, recorded September 27, 1988, under Document #8827114130, records of Flathead County, Montana, and as shown on final ALTA/ACSM Land Title Survey, prepared by Smith Surveying & Consulting for Wolford Development Montana, LLC, dated August 21, 2007. (Tract 10) 11. Easement for gas pipe line and related purposes granted Montana Power Company, recorded November 1, 1989, under Document #8930511300, records of Flathead County, Montana, and as shown on final ALTA/ACSM Land Title Survey, prepared by Smith Surveying & Consulting for Wolford Development Montana, LLC, dated August 21, 2007. (Tracts 1, 5, 7, 8) 12. Easement for gas pipe line and related purposes granted Montana Power Company, recorded November 1, 1989, under Document #8930511310, records of Flathead County, Montana, and as shown on final ALTA/ACSM Land Title Survey, prepared by Smith Surveying & Consulting for Wolford Development Montana, LLC, dated August 21, 2007. (Tracts 2, 3) 13. Terms and provisions regarding the Kalispell City Growth Policy 2020, adopted by the Kalispell City Council on February 18, 2003, to the extent applicable. (Tracts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11) 14. Terms and provisions contained in Resolution No. 5129B, regarding the Highway 93 North Growth Policy Amendment, recorded August 11, 2006 as Document #200622308320, records of Flathead County, Montana, to the extent applicable. ('tracts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11) 15. Easement for communications system and related purposes granted American Telephone and Telegraph Company, by instrument recorded November Illllll�lllllllllllll lll�flIIIIIIII�II�II�II�I�IIIIIIIfll�lllllllllllllillllll�l�ll�l��I fl�l Page: 13 0 0 14 1/612012 11902 AM 2, 1993, under Document #9330609040, records of Flathead County, Montana, and as shown on final ALTA/ACSM Land Title Survey, prepared by Smith Surveying & Consulting for Wolford Development Montana, LLC, dated August 21, 2007. (Tract 10) 16. Terms and provisions regarding access control and road approaches, contained in instruments recorded September 12, 1995 as Document #9525508080; November 16, 1995, as Document #9532008580 and November 16, 1995 as Document #9532008590, all records of Flathead County, Montana. (Tracts 4, 5 and 6) 17. Terms and provisions regarding access control and road approaches, contained in instruments recorded November 21, 1995 as Document #9532510230 and November 21, 1995 as Document #9532510240, records of Flathead County, Montana. (Tract 11) 18. Easement for transmission line and related purposes granted Flathead Power Company, by instruments recorded February 28, 2002, under Document #200205908510; March 13, 2002, under Document #200207209510; April 8, 2002, under Document #200209809340 and August 14, 2002, under Document #200222608290, all records of Flathead County, Montana. (Tracts 1, 2, 3, 4, 5, 6, 7, 8, 9 and 11) 19. Terms and provisions contained in Resolution No. 2015A, regarding the Flathead County Growth Policy, adopted by the Board of Commissioners of Flathead County, Montana on March 19, 2007, to the extent applicable. IYacts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11) 20. Overhead power lines and underground utilities, located along the East boundaries within Whitefish Stage Road, disclosed by final ALTA/ACSM Land Title Survey, prepared by Smith Surveying & Consulting for Wolford Development Montana, LLC, dated August 21, 2007. (Tracts 1 and 9) 21. Terms and provisions contained in Resolution No. 5257, regarding annexation to the City of Kalispell, Montana, and zoning, recorded February 20, 2008 as Document #200800004401, records of Flathead County, Montana. (Tracts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11) 22. Petition to annex and notice of withdrawal from rural fire district, recorded February 20, 2008 as Document #200800004402, records of Flathead County, Montana. (Tracts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11) 23. Terms and provisions contained in Ordinance No. 1630, regarding two planned unit development overlay zones and zoning, recorded April 10, 2009 as Document #200900009939, records of Flathead County, Montana. (Tracts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11) 24. Reservations and exceptions in patents from the United States and the State of Montana. 25. Visible or apparent easements and rights -of -way, and encroachments, if any. 26. Building, use, zoning, sanitary and environmental restrictions, and waivers of record. Illlllllll�lll4�ll�ll�lillllllililllli111[Ilil���11411111111�111111111�1111111111111��111111111 Feeso(14 598 D04 1/5/2012 f1.02 AM March 22, 2018 CERTIFICATE OF COUNTY TREASURER: I hereby certify, that pursuant to Section 76-3-611(1)(b), M.C.A. that no real property taxes and special assessments assessed and levied on the land described below and encompassed by the proposed Kalispell North Town Center-- Phase 2 Subdivision are delinquent: See Exhibit "A" for Legal Description Date this�,4r) day of March, 2018 Signature o" County Treasurer Flathead County, Montana EXHIBIT "A" KALISPELL NORTH TOWN CENTER - PHASE If LEGAL DESCRIPTION A tract of land located in the south half of Section 19, and the north half of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the northwest corner of said Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the north line of said Section 30, S89041'21"E, 69.85 feet to a point on the east boundary of U.S. Highway 93 right-of-way and the POINT OF BEGINNING; thence continuing along the north line of said Section 30, S89041'21"E, 1237.79 feet to the west sixteenth corner common to said Sections 19 and 30; thence along the sixteenth line of said Section 19, N00033'20"W, 524.92 feet, thence leaving said sixteenth line, S89'59'34"E, 562.05 feet; thence N00'00'11"E, 35.10 feet; thence S89°59'49"E, 60.00 feet; thence S00000'11"W, 555.00 feet; thence S44059'55"E 7.07 feet; thence EAST 275.88 feet to the beginning of a 1040.00 foot radius curve to the right; thence along said curve 223.72 feet through an angle of 12°19'30"; thence S77°40'30"E, 144.74 feet to the beginning of a 1360.00 foot radius curve to the left; thence along said curve 621.28 feet through an angle of 26°10'27' ; thence N76'09'04"E, 150.75 feet, to the beginning of a 1040.00 foot radius curve to the right; thence along said curve 251.33 feet through an angle of 13050'46"; thence N89°59'50"E 1706.09 feet to a point on the east line of said Section 19; thence along said east line, S00°37'29"E, 41.97 feet to the southeast corner of said Section 19; thence along the south line of said Section 19, said south line also being the north line of Tract B of Certificate of Survey No. 20570, on file in the office of the Clerk and Recorder, N89'40'24"W 687.79 feet to the northwest corner of said Tract B; thence along the west line of said Tract B, S00012'33"E 41.98 feet; thence S89°59'50"W, 1018.92 Feet to the beginning of a 960.00 foot radius curve to the left; thence along said curve 231.99 feet through an angle of 13650'46"; thence S76°09'04"W, 150.75 feet to the beginning of a 1440.00 foot radius curve to the right; thence along said curve 657.83 feet through an angle of 26'1027", thence N77040'30"W, 144.74 feet to the beginning of a 960.00 foot radius curve to the left; thence along said curve 206,51 feet through an angle of 12019'30"; thence WEST 265.89 feet; thence S45°00'05", 7.07 feet; thence S009001111W, 1235.11 feet; thence WEST 1763.36 feet, thence S83°21'33"W, 65.88 feet; thence N89048'47"W, 40.18 feet to a point on the east line of U.S. Highway 93 right-of-way; thence along said east line N00011'11"E, 76.39 feet; thence leaving said east line and along the south and east lines of Lot 2, Block 1 of the plat of Kalispell North Town Center - Phase 1, on file in the office of the Clerk and Recorder, for the following three courses_ 1) S89048'47"E, 30.09 feet; 2) S83027'28"E, 77.25 feet; 3) NORTH 680.10 feet to the southwest corner of Lot 1, Block 1 of said plat of Kalispell North Town Center - Phase 1; thence along the southerly, easterly and northerly lines of said Lot 1 for the following five courses: 1) EAST 436.73 feet to the beginning of a non -tangent curve to the right, said curve having a radial bearing of S50°58'21"L and a radius of 430.00 feet; 2) along said curve for a distance of 382.54 feet, through an angle of 50°58'20"; 3) EAST 256.08 Feet; 4) NORTH 340.77 feet; 5) WEST 1026.85 feet to the northeast corner of said Lot 2; thence along the north line of said Lot 2, WEST 103.09 feet to a point on the east line of said U.S. Highway 93 right-of-way; thence along said east line N00°14'37"E 86.78 feet to the POINT OF BEGINNING, Said Tract contains 56.926 acres. PUBLIC WOR. May 11, 2017 Mr, Ron Isackson, PE CTA Architects Engineers 411 East Main Suite 101 Bozeman, MT 59715 RE: Kalispell North Town Center Dear Mr. Isackson, The revised construction drawings, Design Report, and other included submittals dated May 8, 2017 for the above project are hereby approved contingent on the following items: 1. Deviation Bequest 1 (Section 4.10.H.1 and i1— Maintenance Access Requirements) is approved aflowing the access road to the Development pond to be temporary, and aggregate surfaced. 2. Deviation Request 2 (Section 4.2.2D.V.b — Basic Requirement No. 4 —Flow Control) is approved allowing the elimination of overflow spillway from the infiltration facilities along US 93. 3. Deviation Request 3 (Section 4.6.3B.IV.a.v — Infiltration Basins) is approved allowing the encroachment within the 20 foot setback from property lines requirement of the infiltration facilities along US 93, 4. Deviation Request 4 (Section 4.8.5D.VIII.a -- Minimum Requirements) is approved allowing the invert junctions of storm manholes at Sta, 41+91.63 and 43+50 to be have less than 0.1 feet between the lowest inlet and outlet invert elevations. S. Sheet C102/203.5 — City would prefer to have Delineators for the median ends placed at the top of the slope for the mountable medians. Please coordinate with MDT for this modification. 6. Sheet C203.S - City would prefer to have the ramps removed for the pedestrian crossing through the pork chop median. The crossing should be at roadway grade with truncated domes as proposed. Please coordinate this modification with MDT. 7. Sheet C108 — Please remove move the proposed stop signs at northwest and southeast corner of the Jefferson Boulevard/Cascade Loop intersection and place a stop sign at the southwest corner of the intersection, making Cascade Loop the stopped condition, Jefferson Boulevard should have the right-of-way through this intersection. Page 1 of 2 Please provide the City with a hardcopy set of the plans when these contingent modifications have been made. Approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the City Standards currently in effect. If more than 18 months lapse before completing construction, plans and specifications must be resubmitted and approved before construction continues. Any modifications made to these approved plans shall be submitted for review prior to construction. Please contact Mark Crowley at (406)249-24$5 to set up a pre -construction meeting prior to beginning construction. At project completion, please provide the City with hard copy and electronic record drawings. We look forward to working with you on this project. Sincerely, Torn Tabler, PE Senior Civil Engineer cc: Keith Haskins, City Engineer Mark Crowley, Construction Manager Emily Gillespie, MT DEQ Page 2 of 2 Works Department 201 P Avenue East, P.O. Box 1997, Kalispell, MT 59903—Plrorie (406) 758-7720 — Fax (406) 758-7831 ww w.kalis eAcanz April 30, 2018 Jeff Claridge Stillwater Corporation PO Box 7338 Kalispell, MT 59904 RE: Kalispell North Town Center — Subdivision Plat Phase 2 Easements Dear Mr. Claridge: The Subdivision Plat of Kalispell North Town Center - Phase 2 dated April 5, 2018 has been reviewed to confirm proper easements for City of Kalispell utilities have been provided on the Subdivision Plat titled, "KALISPELL NORTH TOWN CENTER - PHASE 2". This approval of easements shown on the Subdivision Plat is only for Phase 2 and only for utilities to be completed in this phase. Therefore, any changes to approved plans requiring modification to easement locations as shown on the plat nullifies this approval and may require modification to the plat. Sincerely, Tom Tabler, PE Senior Civil Engineer Parks and Recreation Dept May 22, 2017 CTA Group Attn: Dayton Rush 13 N 23rd St Billings, MT 59101 Phone: (406) 248-7455 Re: Kalispell North Town Center Landscape Plan Dear Dayton: This letter is to serve as approval on the proposed landscaping plans for Kalispell North Town Center per the plans submitted by your office on 511712017. It is agreed that if the project is extended, the developer will be responsible for submitting bonding for the remaining improvements as specified on the submitted plan for the Kalispell North Town Center, The bond may not be longer than a period of 12 months. Tree plantings are required to meet the Street Tree Ordinance standards of 2 '/a" caliper and have a 4 foot fibrous mulch around them in addition to meeting ISA planting standards. Any landscape revisions or substitutions need to be authorized prior to installation. You will need to coordinate with MDT and Public Works for any permits/approvals of working in the right of ways prior to working in the right of way. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings, at which time any bonding that has been submitted will be released. It should be noted that the trees and landscaping are under a warranty period and should they die within this time frame, the developer will be responsible for replacement. If you have any concerns or questions please give me a call. Sincerely, Chad l;ineher, Parks and Recreation Director Kalispell Parks and Recreation 306 1" Avenure East, P.0, Box 1997, Kalispell, MT 5990.? --Phone (406) ?i8-7718-- Fax (406) 7i8-7719 jviinv. kalispell. cant KAUSPELL FIRE DEPARTMENT Dave Dcdman - Fire Chief Po Box 1997 Jon Campbeli - Assistant Fire Chief 312 First Avenue East Cec Lee Executive Secretary KaWe€L Montana 59901 Pbane: (406) 758-7760 FAX: (406) 758-7777 Friday, May 12, 2017 Stephanie Ray Project Coordinator CTA Architects 121 S. Main St Livingston, MT 59047 Re: North Town Center final plat Dear Ms, Ray, After reviewing the information gathered for the North Town Center project I find that all conditions found under subsection 22 have been met or are acceptable. These conditions are. 22. The following requirements shall be met per the Kalispell .Fire Department and so certified in writing by the fire Department: a. Water mains designed to provide minimum fire flows shall be installed per city specifications at approved locations. Miatmum fire flows shall be in accordance with the International Fire Code. b. Fire hydrants shall be provided per city specifications at locations approved by this department, prior to combustible construction. c. Fire department access shall be provided in accordance with International Fire Code. d. It shall be doted on the face of the plat that hazardous weed abatement shall be provided in accordance with the: City of Kalispell ordinance 10-8. c. Street naming shall be approved be the fire department. If you have any questions please feel free to contact me. Sincerely, -1Qave Dedman, Fire Chief City of Kalispell "Pr4teding Our C'N"N mity with the highest leeel of prafessianaGsnt" D Q,0.- Montana Department of rnvirormQntal Qualit May 12, 2017 Ron Isackson CTA Inc 411 E main Street Suite 101 Bozeman MT 59715 Dear Sirs; RE: Kalispell North Town Center Phase l Municipal Facilities Exclusion EQ# 17-1664 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(2)(d), MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. .Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 76-4-131. Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in TitIe 75, Chapter 6 and Title 76, Chapter 4. Sincerely, )r eata English Subdivision Section (406) 444-4224 email lenglish c7 mt,gov cc: City Engineer County Sanitarian Owner file Steve Bullock, Governor I Tom Livers, Direr -tor I P.O. Bax 200201 1 Helena, MT 59620-0901 1 (406) 444-2544 1 wPN,deq.mt.gov D E Montana 6epartment of Environmental Q»ality February 09, 2017 LHC INC PO BOX 7335 KALISPELL MT 59904 RE --Confirmation Letter, Notice of Intent (NO[) Number MTR106764, KALISPELL NORTH TOWN CENTER PHASE" 1 Dear JEFF CLARIDGE: The Department of Environmental quality (DEQ) is acknowledging receipt on 2/9/2017 of your complete Notice of Intent (N01) for permit coverage under the January 1, 2013, General Permit for Storm Water Discharges Associated with Construction Activity (General Permit). For administrative purposes, you have been assigned permit number MTR106764. Please include this permit number on any future correspondence with DEQ regarding this site. This letter acknowledges receipt of the complete NOI and does not provide a DEO, 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 P401 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 wit e 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/stOrmwatercolistruction.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) 444-30,90. Sincerely, Deanna Tarum Data Control Technician Steve 8jllock, Governor I Tom Livers, Qirector I PC) Box 200901 1 Hoiana, MT 59620-OXI1 I rasa 444-254 4 I tivw.v OL'q nrt gov UNITED STATES POSTAL SERVICE 350 N MERIDIAN RD KALISPELL, MT 59901-9998 April 13, 2018 Stephanie Ray (Project Manager) CTA Archetechts Engineers 121 S Main ST Livingston MT 59047 RE: Final Plat Approval — Kalispell North Town Center Phase II To Whom It May Concern: Delivery for KNTC Phase II has been approved for Cluster Box Unit (CBU) delivery. For this location only, it is approved not to use the standard turnout format, however the developer will be responsible to make sure that the road is wide enough for the carrier to turn around; and striping will be done to the road surface to ensure safe delivery for the carrier. The developer will provide one CBU and a 4 x 4-foot cement pad on Cascade Loop. Purchase of CBU will be arranged one month prior to the first occupancy and arrangements made for delivery to the Main Post Office on Meridian Rd. The Post Office will install and then be responsible for the lock changes and parcel locker maintenance. It is the understanding that all future phases will require one spot group delivery and will be located on one of the main roads such as Rose Crossing or Lincoln. If you have any questions regarding this matter, you may contact me at 257-9796. Sincerely, Susii Carter Supervisor Customer Service (406) 755-6450 AfD7*-Montano Department of Transportation Michael T. Tooley, Director 22VI PctrospeAvenue _ Steve Bullock, Governor PO Box 201001 Helena MT 59520- f OD! April 9, 2018 Jeff Claridge 1179 Stillwater Road Kalispell, MT 59901 Subject: Kalispell North Town Center (Claridge Prop) (65 ,7„1 894 01) Jeff, the Montana Department of Transportation (MDZ) has completed the review of the requested permits for approaches and encroachments needed on US 93 (Rose Crossing and Lincoln Road) and the approach to S-292 (Rose Crossing) for the Kalispell North Town Center. We have the following informational comments and guidance for construction 1. YTS 93 TraiI Crossing Encroachment Permits Rose Crossing and Lincoln Street. The response to Question 9 is correctly marred "Yes" to indicate that this project is within the City of Kalispell MS4. Please contact the City of Kalispell, Public Works Director, 201 VE Ave East, Kalispell MT 59901, phone 406-758-7720 prior to construction to determine if additional storm water management requirements are applicable. The response to Question 11a was changed to "YES". The work will be conducted within 400 feet of the Stillwater River which is occupied by bull trout. 2. US 93 Approach Permits (Rose Crossing and Lincoln Street). The response to Question 8 was changed "Yes" due to noise and air quality impacts to complete the project, however impacts are anticipated to be of short duration and result in no lasting impact. The response to Question 9 is correctly marked "Yes" to indicate that tivs project is within the City of Kalispell MS4. Please contact the City of Kalispell, Public Works Director, 201 1,1 Ave East, Kalispell MT 59901, phone 406-759-7720 prior to construction to determine if additional storm water management requirements are applicable. Please note that the reference to Appendix P in the permit submittal as a response to Question 9 is incorrect. The requirement for a SNXT PP is not an indicator of whether or not a project is within and MS4 area, Here is a link to MS4 Storm eater gaps in Montana: httl2.,//%v-,v-,,v.mdt.-mi.gov/12-Obhc36ons/tnal2s.shtMI. The response to Question I I was changed to "YES". The Lincoln Street approach is zu5thin 400 feet of the Stillwater River which is occupied by bull trout. Additionally, there is a bald eagle nest within 1/8-mile of Lincoln Street approach and less than/2-mile from the Rose Crossing approach. The applicant is responsible for any disturbance and impacts to nesting eagles as a result of their activity. MDT recommends that the applicant/developer acquire a Take Permit from the USRXIS before commencing any activity. The 2007 Environmental Assessment made a May Effect, Not Likely to Adversely Affect determination for bull trout. Please confirm that constdtation xvith the USRVS occutred and refer to any conservation measures identified in the Letter of Concurrence. 3. Whitefish Stage Road Approach Permit: Prograin&PoliLyyAnalysisRure8u An Equal Opportunity Employer Rail Transit and Planning Dwobn Phone: (406) 444-3473 TTY. (800) 335-7591 Fax: (406) 444-7671 Web Page: www.mpYstate.mt.us The response to Question 8 was changed to "Yes" due to noise and air quality impacts to complete the project., however impacts are anticipated to be of short duration and result in no lasting impact. The response to Question 9 is correctly marked "Yes" to indicate that this project is within the City of Kalispell MS4. Please contact the City of Kalispell, Public %Vorks Director, 201 Pt Ave East, Kalispell MT 59901, phone 406-758-7720 prior to construction to determine if additional storm water management requirements are applicable. Please note that the reference to Appendix N in the permit submittal as a response to Question 9 is ,incorrect. The requirement for a SWPPP is not an indicator of whether or not a project is within and MS4 area. Here is a link to MS4 Storm Water maps in Montana; htt «,vw.mdt.mt. ov ubhcations ma s. h ml. Although the response to Question 13 regarding sage grouse is marked correctly, the reference to Appendix Q has nothing to do with sage grouse. The map in Appendix O appears to be the Kalispell MS4 map. 4. Coordinating Comment and Guidance: • Please refer to the KNTC NIOA to complete all obligations made regarding the approaches to US 93 and 5-292. • MDT permit approvals are contingent upon the applicant complying with all applicable environmental laws. The applicant is solely responsible for any environmental impacts incurred as a result of this project and is solely responsible for obtaining any necessary environmental permits, notifications, and/or any other necessary environmental clearances. • All permits requested by the KNTC are subject to the standard permit conditions shown in the attachment. • Please contact James Freyholtz at 406-751-2066 to complete the permit process and for permission to enter NOT right of way to begin construction. • Please be prepared to submit a traffic control plan to be used during construction. Mike Tierney of my staff at 444-9416 can facilitate responses to any questions you may have concerning the permit review. Sinc ely, tm Skinner, Bureau Chief Policy, Program and Performance Analysis Bureau Rail, Transit & Planning Division Attachments: Standard NOT Approach Permit Conditions Copies: Ed Toays, P.E., Missoula District Administrator Justin juelfs, Kalispell Area Maintenance Chief Carol Grell Morris, IVIDT Legal Counsel Shane Stack, P.E., Engineering Services Supervisor Paul Jagoda, P.E., Constructability Engineer Dave Hedstrom, P.E., Hydraulics Engineer Stan Brelin, P.E., Traffic Safety Operations Unit Lead James Freyholtz, P.E., Kalispell Area Traffic Engineer Matt Maze, ADA Coordinator Dennis Oliver, Kalispell Area Maintenance Superintendent Mike Tierney — Planner - Policy, Program & Performance Analysis Tom jentz, City of Kalispell, 201 1st Ave E, Kalispell, NIT 59901 May 3. 2017 7fiLd 542-00 STATE OF MONTANA DEPARTI4ENT OF NATURAL RESOURCES AND CONSERVATION 1424 9TH AVENUE P.0-BOX 2016t11 HELENA, MONTANA 59620-1607 GENERAL ABSTRACT Rater Right Number: 76LJ 542-00 STATEMENT OF CLAIM Pags 1 of 2 General Abstract Version: 1 — ORIGINAL RIGHT Version Status: ACTIVE Owners: VAN SHAW 2723 FAIRMONT DALLAS, TX 73201 STILLWATER CORP PO BOX 7338 KALISPELL, MT 59901 TRANSFER PROCESSED TO ADD OWNERS ONLY. INDIVIDUAL PORTIONS WILL BE RECORDED AFTER FINAL DECREE. Priority Date: JUNE 24, 1966 Enforceable Priority Date: JUNE 24, 1966 Type of Historical Right: FILED Purpose (use): IRRIGATEON irrigation Type: SPRINKLER Masimum Flow state: 5.48 CFS Maximum Vo(urnL: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEEDTHE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. Climatic Area: 3 - MODERATE Maximum Acres: 341.00 Source Name: STILLWATER RIVER Source Tyne: SURFACE WATER Point of Diversion and Means of Diversion: ID Covt Lot QtrSec Sec Twn Rjc County 1 SWNENE 25 29N 22W FLATHEAD Period o€Diversion: APR11 TO OCTOBER 15 Diversion Means: PUMP Period of Use: APRIL 1 (0 OCTOBER 15 Place of Use: I Acres Cnvt Lot Otr Sec Sec T%vp RV, Cnunty 1 80.00 S2SE 19 29N 21W FLATHEAD 2 138.00 NE 30 29N 21W FLATHEAD 3 54.00 N2NW 30 29N 21W FLATHEAD 4 69.00 52NW 30 29N 21W FLATHEAD Total: 341 60 CeocodesJValid: 07-4078-19-4-01-10-0000 - Y 07-4078-30-1.01-15-0000 - Y 07-4078-30-1-01-20-0000 - Y 07.4078-30-1-01-30-0000 - Y 07-4078-30-1.01-40-0000 - Y 07-4078-30-1-01-50.0000 - Y 07-4078-30-2-01-10-0000 - Y 07-4078-30-2-01-40-0000 - Y Remarks: THE PERIOD OF DIVERSION WAS AMENDED BY THE CLAIMANT ON 1110311989- THE PEACE OF USE WAS AMENDED BY THE CLAIMANT ON 11104/1987, STARTING IN 2008, PERIOD OF DIVERSION WAS ADDED TO MOST CLAIM ABSTRACTS. INCLUDING THIS ONE_ WATER RIGHT OWNERSHIP UPDATE RECEIVED 0911812001. WATER RIGHT OWNERSHIP UPDATE RECEIVED 11/1011987. WATER RIGHT OWNERSHIP UPDATE RECEIVED 0812lh987. WATER RIGHT OWNERSHIP UPDATE RECEIVED 0710711993. OWNERSHIP UPDATE RECEIVED May 3.26t7 MU 542-00 Remarks: OWNERSHIP UPDATE TYPE 608 It 49523 RECEIVED 09106/2007. OWNERSHIP UPDATE TYPE 608 It 70535 RECEIVED 03102/2009, OWNERSHIP UPDATE TYPE DOR # 98789 RECEIVED 12/23/2011. OWNERSHIP UPDATE TYPE DOR # 95435 RECEIVED 0110612012. Page 2 of 2 General Abskacl THE TYPE OF HISTORICAL RIGHT, PRIORITY DATE, AND FLOW RATE MAY BE QUESTIONABLE. THE CLAIMS FOLLOWING THIS STATEMENT USE THE SAME FILET] APPROPRIATION TO DOCUMENT THE RIGHT. THE COMBINED FLOW RATE FOR THIS GROUP OF CLAIMS EXCEEDS THE TOTAL OF THE ORIGINAL APPROPRIATION. 76LJ 542-00 AND 76LJ 9139-0G. ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 05/05/201G, A PORTION OF THE PROPERTY ON WHICH THS WATER R#GHT 15 USED APPEARS TO BE OWNED BY EASTHAVEN BAPTIST CHURCH. 7 7 CITY OF KALISPELL TO RECiEV INTEREST ASSOCIATED WITH THIS- 33 7 ACRES FROM STILLWATEt; CORPORATION — POD NORTH:TO'NN CENTER _ PHASE 1, • 33.7ACRES —. _ --- --•76LJ 542 00 •'341 ACRES TOTAL- j 29N 22W STILL.WATER CORPORATION - r'�`x "OWNERSHIP STILL WATER CORPORATION - _ 01,AINS 321 ACRES OF PC31_I �• 0 Iwo j j-} r r - - �' - ��i_ •_:fir -�4�a 36 0 3 750 1,500 3,000 FE PP.OJ NO: 157-05 DRAWN: BJB 4 ^ r FIGURE �� LOCATION: Kalispell, NIT PROJ MGR: R.NOBLE NORTH TOWN CENTER. - PHASE 1 VApplied Water SCALE: 1 IN = 1,000 FT CHECKED: 76LJ 542 00 -WATER RIGHT SPLIT CONOW- L` - FILE NAME: 542 S DATF• UAY/10017 May 3, 2017 76LJ 26596-M STATE OF MONTANA DEPA-RTM'r11—T OF NATURAL RESOURCES AND CONSERVATION 1424 9TH AVENUE P.O.BOX 20 Ml HELENA, MONTANA 59620-1601 GENERAL ABSTRACT Page 1 of 2 Gsner-1 Abstract Water Right Number: 766LJ 26590-00 STATEMENT OF CLAIM Version: 1 — ORIGINAL RIGHT Version Status: ACTIVE Owners: GOLF NORTHWEST PO BOX 1257 BIGFORK, MT 59911 REGIONAL ENTERPRISES ING PO BOX 2492 KALISPELL, MT 59903 BRENT C EAVES 432 E IDAHO ST SUITE 440 KALISPELL, MT 59901 CHARLES D WEBER JR 206 WILD PINE CT KALISPELL, MT 59901 SUSAN WEBER 206 WILD PINE CT KALISPELL, MT 59901 STILLWATER CORP PO BOX 7338 KALISPELL, MT 59901 MEDNORTH MEDICAL CENTRE LLC PO BOX 10338 KALISPELL, MT 59904 DAVID G SHELDON 106 QUAIL COURT KALISPELL, MT 59901 VALERIE L SHELDON 106 QUAIL COURT KALISPELL, MT 59901 PATTY A POTTS 208 WILD PINE COURT KALISPELL, MT 59901 BAUR FAMILY PARTNERSHIP LP C/O SAMES D ECKHOFF 555 NORTH NEW BALLAS ROAD STE 130 SAINT LOUIS, MO 63141 OWNERSHIP UPDATE PROCESSED TO ADD NEW OWNERS. THE WATER RIGHT MAY BE SPLIT INTO SEPARATE WATER RIGHTS UPON REDUEST OF THE OWNERS. Priority Daw SEPTEMBER 23, 1953 Enforceable Priority Date: SEPTEMBER 23, 1953 Type of IINtarical Right: FILED purpose (use): IRRIGATION Irrigation Type: SPRINKLER Maximum Flow Rate: 5.02 CFS Masimum Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE, Climatic Area: 3 - MODERATE iAlaximum Acres: 440.00 Sourcetamc: STILLWATER RIVER Source Type: SURFACE WATER Paint of Di%ersium and ilean6 of ❑irersium: ID CnrtLnt QtrSec Sec Tixp RL Counn May 3, 2017 Page 2 of 2 7EiLJ 26596 00 Generai Absvwt ID Gott Lot QlrSec Sec Twp Rix Coun 1 SESEN'Al 24 29N 22W FLATHEAD Period of Diversion- APRIL 15 TO OCTOBER 15 Diversion }leans: PUMP 2 NESWSE 24 29N 22'W FLATHEAD Perind or Diversion: APRIL 15 TO OCT06ER 15 Diversion Memm PUMP Perind or Use: APRIL 15 to OCTOBER 15 Place of Use, - ID Acres Govt Lo OtrSec Sec Twn RE County 1 40.00 2 SWNW 19 29N 21W FLATHEAD 2 160.00 SW 19 29N 21W FLATHEAD 3 80.00 82NE 24 29N 22W FLATHEAD 4 40.00 SENW 24 29N 22W FLATHEAD 5 80.00 E23E 24 29N 22W FLATHEAD 6 40.00 NWSE 24 29N 22W FLATHEAD Total• 440.00 Geoeodes/Volid: — NO VALID GEOCODES -- Remarks; STARTING IN 2008, PERIOD OF DIVERSION WAS ADDED TO MOST CLAIM ABSTRACTS, INCLUDING THIS ONE, WATER, RIGHT OWNERSHIP UPDATE RECEIVED WM711993. WATER RIGHT OWNERSHIP UPDATE RECEIVED 0612111987. WATER RIGHT OWNERSHIP UPDATE RECEIVED 0311411994. WATER RIGHT OWNERSHIP UPDATE RECEIVED 0111111996. WATER RIGHT OWNERSHIP UPDATE RECEIVED 03/14J1994. WATER RIGHT OWNERSHIP UPDATE RECEIVED 021041l985. OWNERSHIP UPDATE RECEIVED OWNERSHIP UPDATE TYPE 608 # 49522 RECEIVED 09106/2007. OWNERSHIP UPDATE TYPE DOR 187016 RECEIVED 08126/2009. OWNERSHIP UPDATE TYPE DOR # 85684 RECEIVED 0711612010. OWNERSHIP UPDATE TYPE DOR It 85711 RECEIVED 09114/2010. OWNERSHIP UPDATE TYPE DOR # 93955 RECEIVED 04/0112011. OWNERSHIP UPDATE TYPE DOR it 95996 RECEIVED 09120/2011, OWNERSHIP UPDATE TYPE DOR # 95435 RECEIVED 0110612012. OWNERSHIP UPDATE TYPE DOR # 134474 RECEIVED 0710712015. OWNERSHIP UPDATE TYPE DOR # 134472 RECEIVED 09109i2015 ................. , THE CLAIMED FLOW RATE MAY BE QUESTIONABLE. DOCUMENTATION SUBMITTED WITH THIS CLAIM € INDICATES A FLOW RATE OF 2.0 CFS. FLATHEAD COUNTY RECORDS AS OF 01/2912009 SHOWS PLACE OF USE IS OWNED BY 38 DIFFERENT INDIVIDUAL OWNERS. SEE CLAIM FILE FOR DETAILS. USDA AERIAL PHOTOGRAPH NO(S), 979-193 , DATED 0912311979, APPEARS TO INDICATE 347.33 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES [S 1N THE CLAIM FILE. USDI AERIAL, PHOTOGRAPH NO. 1BB-95 , DATED 0710111951 , APPEARS TO INDICATE 294.33 ACRES IRRIGATED_ A DESCRIPTION OF: THESE ACRES IS IN THE CLAIM FILE. THE CLAIMED PRIORITY DATE MAY BE QUESTIONABLE. IT APPEARS THE PRIORITY DATE SHOULD BE THE DATE THE SPRINKLER SYSTEM WAS FIRST PUT TO USE. THE PRIORITY DATE IS UNCLEAR. DOCUMENTATION SUBMITTED WITH THIS CLAIM IDENTIFIES 1953 AND 1961 PRIORITY DATES. C0 C�%:i,�-;j ION 0IPIN4 40ACRES OF PCB!1 29N 21W May 5, 2017 76LJ 57621-00 STATE OF XONTANA DEPARTMENT OF NATURAL RE30URC£8 AND CONSERY-ATFON 1424 9TH AVENUE P.0.8OX 241601 HELENA, MOWANA 59620-1601 GENERAL ABSTRACT WaterRight'Number: 76LJ 57621-00 PROVISIONAL PERMIT Page 1 at 1 General Abstract Version: 1 —ORIGINAL RIGHT Version Status: ACTIVE Owners: STILLWATER CORP PO BOX 7338 KALISPELL, MT 59901 OWNERSHIP UPDATE PROCESSED TO ADD NEW OWNERS. THE WATER RIGHT MAY BE SPLIT INTO SEPARATE WATER RIGHTS UPON REQUEST OF THE OWNERS. Priority Date: OCTOBER 3, 1984 al 10:00 A-M. Enforceable Priority Date: OCTOBER 3, 1984 at 10:00 A.M. Purpose (use): IRRIGATION Maximum Flow Rate: 1,600.00 GPM N(Aximutn Volume: 822.90 AC -FT Maximum Acres: 150.00 Source Name: STILLWATER RIVER Source Type: SURFACE WATER Polut o€Diversian and Means of Diversion: ID GovtLot QtrSec See jUv Rge County 1 NESWSE 24 29N 22W FLATHEAD Period of Diversion: MARCH i TO NOVEMBER 15 Diversion deans. PUMP Purpose (Erse): IRRIGATION Volume: 270.00 AC -FT Period of Use: MARCH 1 to JULY 1 Place o € Usc: ID Acres Govt Lot QtrSee Sec Twn Ric County 1 10.00 NWNE 30 29N 21W FLATHEAD 2 20.00 SESW 19 29N 21W FLATHEAD 3 80.00 N2NE 30 29N 21W FLATHEAD 4 40.00 SESW 19 29N 21W FLATHEAD Total: 150.00 CcocndcslYalid: 07.4078-19-3-01-35-0000 - Y 07-4078-19-3-01-40-0000 - Y 07-4078-30-1-01-30-0000 - Y 07-4078-30-1-01-40-0000 - Y 07-407 8-30-1-01-50-0000 - Y Remarks: IMPORTANT INFORMATION THIS PERMIT IS USED iN CONJUNCTION WITH CLAIM NO.S 542-01 AND 26596-01. OWNERSHIP UPDATE RECEIVED NOTICE OF WATER RIGHT TRANSFER RECEIVED 08121187. OWNERSHIP UPDATE RECEIVED NOTICE OF WATER RIGHT TRANSFER RECEIVED 07107193. OWNERSHIP UPDATE RECEIVED WATER, RIGHT OWNERSHIP UPDATE RECEIVED 09118,01. OWNERSHW UPDATE RECEIVED OWNERSHIP UPDATE TYPE 608 # 49523 RECEIVED 0910612007. OWNERSHIP UPDATE TYPE DOR # 95435 RECEIVED 0110612012. f CITY OF KALISPELL TO RECIEVE :- INTEREST ASSOCIATED WITH THIS 20 ACRES FROM STILLtNATER CORPORATION . STILLWATER. CORPORATION - OWNS 100 ACRES OF POU 20 ACRES — - c _ n ' { - -NORTH,TOWN -- — 7gt"J 57621.00 - 120 ACRES TOTAL 29N 22V'V f `,ENTER - PHASE 1 — STILLWATER,CORPORATION OWNERSHIP --- ' `- 1r. • w.. —. --- E ' �0 I .. j pp � 1 afrYYd 9 tit F A _- 1 P,E3 500 36 7 T 6,00 2,000 Peet PROJ NO: 157-05 DRAWN: BJB NORTH TOWN CENTER -PHASE 1 FIGURE LOCATION: Kalispell, MT PROJ MGR: R.NOBL>� lKllad Water SCALE; 1 IN = 1,000 FT CHECKED: 76LJ 57621 00 - WATER RIGHT SPLIT' '"''i"'''=- FILE NAME: 57621 S DATE MAY1312017 Farm No. 641 (W-2015} — DNRC OWNERSHIP UPDATE DIVIDED INTEREST Complete one form for each water right that will be divided. Your water right will be divided into separate water rights FOP. Di-PARTh9EN7 USE ONLY based on the information provided. Rec'd Date Submit all three pages of this form with the filing fee; a deed, contract for deed, or other recorded document, a water right abstract; and a map. Contact your local DNRC Water Resources Regional Offiice'tf you have any questions. Filing Fee $50.00 Rec'd By _ Fee Rec'd $ Check Payor Refund $ Rate Deposit Receipt# QUID # If all interested parties wish to split the water right, each must fill out and sign either part 8 or part C of this form. A water right can be split Into several portions on one form for one $SO filing fee, All Interested parties must sign off on- the split of water rights even if their portions are not split Into Individual rights. PART A — GENERAL INFORMATION 1. DATE OF LAND TRANSFER (SALE) 2. WATER RIGHT BEING DIVIDED 76LJ 26596 00 3. SELLER (Grantor) Stillwater Corporation NWLiNG ADDRESS PO Sox 7338 CITY Kalispell STATE MT Zip 59904 PHONE 406-758-7720 EMAIL G. BUYER (Grantee) City of Kalispell MAILING ADDRESS PO Box 1997 CITY Kalispell STATE Iy)T ZIP 59903 PHONE 406-758-7720 ENTAIL 5. HOW IS THIS WATER RIGHT BEING DIVIDED? Please check only one, ❑ The water right is being divided as specifically identified in a deed, contract for deed, or other recorded document. (Attach a copy and underline the divided interest Information) Q The water right is being divided proportionately between the buyer and seller based on the place of use described in the water right. (Attach a copy of the deed, contract for deed, or other recorded document.) 6. WATER RIGHT ABSTRACT ❑X A current DNRC general abstract of the water right being divided must be submitted. To receive DNRC generated water right abstracts, query the water right at the following web address: ht ://%riww.nria.mt. ov/dn clwaterd hts/dafatill as x or contact the regional office serving your area. 7. MAP X❑ A map must be provided. An aerial photo is preferred, You may also use a scaled map, county plat or quad map showing township and range, section comers, and a north arrow. The following elements must be Identified on the map: a. The place of use the seller is rotaining; c. Point(s) of diversion; and b. The place of use the buyer is receiving; d. The location of any irrigated acres. IMPORTANT NOTES • If you want to change or add a point of diversion, place of use, place of storage, or purpose of use of a water right you must first file a change application with the DNRC. • The combined portions of a divided water right cannot exceed the total flow rate, volume, or period of diversion of the original right. • The DNRC has no jurisdiction concerning easement, right-ef-way, and zoning matters. The buyer and seller must make these provisions where necessary. • There may be ongoing court action regarding this water right and terms and conditions applicable to the exercise of the divided right, The buyer should be familiar with all aspects of the right received. Farm 541 DNRC Ownerslijp Update— Divideri Interest Page I PART B — SELLER'S PORTION (Attach additional sheets if necessary) 1. SELLER'S NAME Stillwater Corporation 2. PORTION OF WATER RIGHT RETAINED lfspecifically identi>ied in the attached recorded document, what flow rate will be retained by the Seller? see ba•.ova ❑ gpm ❑ cfs Stiliwater Corparafion retains the row rate associaled with the 20 acres rein€ned by Ihea.". Unless specifically divided In the attached recorded document, both the Seller's and Buyer's water right will retain the full now rate and the use of the flow rate must be shared and/or alternated. Attach an additional sheet explaining how this will be done such that, in combination, the flow rate of the original water right will not be exceeded. ShAvalar Corporation retains the volume associated Purpose of Use Irrigation Volume (acre-feet) ;yi€n thn 20 acres retainer/ by them. Purpose of Use Volume (acre-feet) 3, POINT OF DIVERSION (describe the location to the nearest 10 acres, three quarter sections) SE 114 SE 114 NW 114 Sec 24 TWP 29 [x] N ❑ S RGE 22 ❑ E ❑x W Lot/Tract Block Subdivision Name CO5 Gov't Lot County Flathead NE 114 SW 114 SE 114 Sec 24 TWP 29 ❑x N ❑ S RGE 22 ❑ E ❑x W LotlTract Block Subdivision Name COS GoVt Lot County Flathead 4. PLACE OF USE Purpose of Use Irrigation County Flathead 20 acres 114 SE 114 SW 114 Sec 19 TWP 29 p N ❑ S RGE 21 ❑ E p W acres 114 114 114 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W acres 114 114 114 Sac TWP ❑ N ❑ S RGE ❑ E ❑ W acres 114 114 114 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W 20 Total Acres Lot/Tract Block Subdivision Name COS Gov't Lot Geocodes(s) 07407819301350000,07407819301400000 Purpose of Use County acres 114 114 114 Sec TWP ❑ N ❑ S RGE ❑ E p 4V acres 114 114 114 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W acres 114 114 114 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W acres 114 114 114 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W Total Acres Lotl tact Block Subdivision Name CQS Gov't Lot Geocodes(s) 5. SIGNATURE I DECLARE UNDER PENALTY OF PERJURY AND UNDER THE LAWS OF THE STATE OF MONTANA THAT THE FOREGOING IS TRUE AID CO ECT� Seller Signal urc: '✓,! F ICJ nva Date: J7 Seller Signature' Date: Form 641 DNAC Ownrship Update - Divided interest page Z FART C - BUYER'S PORTION (Attach additional sheets if necessary. If more than one buyer, add sheets showing each buyer's portion.) 1. BUYER'S NAME City of Kalispell 2. PORTION OF WATER RIGHT ACQUIRED Eity o► Kallspeil receives the flovx rate assacated wiih the 20 acres described in deed and ffustraled an the attached Rgure. Flow Rats sea above If specifically ldentMed in the attached recorded document —see Part B, Number2) Purpose of UUse se lydrrigatibn Volume (acre-feet) Csty receives the volume associated with the 20 acres Volume (acre-feet) Purpose of Use described In ee and ii iistr atod on the aftachnd figure. p _ 3. POINT OF DIVERSION (describe the location to the nearest 10 acres, three quarter sections) SE 114 SE 114 N`JV 114 Sec 24 TWP 29 ❑x N ❑ S RGE 22 x ❑ E ❑W Lot/Tract Block Subdivision Name COS Gov't Lot County Flathead NE 114 SW 114 SE 114 Sec 24 TWp 29 []x N ❑ S RGE 22 ❑ E OW LoflTract Block Subdivision Name COS Gav`t Lot County Flathead 4. PLACE OF USE Purpose of Use Irrigation County Flathead 20 acres 114 SE 114 SW 1/4 Sec 39 TWP 29 ® N ❑ S RGE 21 ❑ E p W acres 1/4 1/4 114 Sec IUAP ❑ N ❑ S RGE ❑ E ❑ W acres 1/4 1/4 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W acres 114 114 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W 20 Total Acres Lot/Tract Block Subdivision Name COS Gov't Lot Geccodes(s) Purpose of Use County acres 1/4 1A 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W acres 114 114 1/4 Sec TWP ❑ N © S RGE ❑ E ❑ W acres 1/4 114 114 Sec TWP ❑ N ❑ S RGE ❑ E p W acres 1/4 114 114 Sec T4VP ❑ N © S RGE ❑ E ❑ W Total Acres Lot/Tract Block Subdivision Name COS Gov't Lot Geocodes(s) 5. SIGNATURE I DECLARE UNDER PENALTY OF PERJURY AND UNDER THE LAWS OF THE STATE OF MONTANA THAT THi~ FOREGOENG tS TRUE AND CORRECT. Buyer Signature: Date: Buyer Signature: Date: Finn 641 DNRC Ownership ttpdare- Divided Iniem,t Pao WATER RESOURCES OFFICES BILLINGS: AIRPORT INDUSTRIAL PARK, 1371 RIMTOP DR., BILLINIGS MT 59105-1978 PHONE: 406.247-4415 FAX: 406-2474416 SERVING: Big Horn, Carbon, Carter, Caster, Fallon, Powder River, Prairie, Rosebud, Stillwater, Sweet Grass, Treasure, and Yellowstone Counties BOZEA,(AN: 2273 BOOT HILL COURT, SUITE 110, BOZEMAN NIT 59715 PHONE: 406-386-3136 FAX: 406-587-9726 SERVING: Gallatin, Madison, and Park Counties GLASGOW: 222 6TH STREET SOUTH, PO BOX 1269, GLASGOW MT 59230-1269 PHONE: 406-228-2561 FAX: 406-228-8706 SERVING: Daniels, Dawson, Garfield, McCone, Phillips, Richland, Roosevelt, Sheridan, Valley, and Wibatm Counties HAVRE: 210 6TH AVENUE, PO BOX 1828, HAVRE MT 59501-1828 PHONE: 406-265-5516 FAX:406-265-2225 SERVING: Blaine, Chotucau, Glacier, Hill, Liberty, Pondera, Teton, and Toole Counties HELENA: 1424 9TH AVE., PO BOX 201601, HELENA NIT 59620-1601 PHONE: 406-444-6999 FAX: 406-444-9317 SERVING: Beaverhead, Broadwater, Over Lodge, Jefferson, Lewis and Clark, Powell, and Silver Bow Counties KALISPELL. 655 T1MBERWOLF PARKWAY, SUITE 4, KALISPELL MT 59901.1215 PHONE: 406-752-2288 FAX: 406-732-2843 SERVING: Flathead, Lake, Lincoln, and Sanders Counties LEN'I5TOWN: 613 NORTHEAST MAIN ST., SUITE E, LEWISTOWN MT 59457-2020 PHONE; 406-538-7459 FAX: 406-538-7099 SERVING: Cascade, Fergus, Golden Valley, Judith Basin, Meagher, Musselshell, Petroleum, and Wheatland Counties MISSOULA. 2705 SPURGIN RD. BLDG.C, PO BOX 5004, MISSOULA NIT 59M6-5004 PHONE: 406-721-4284 FAX: 406-542-5899 SERVING: Granite, Mineral, Missoula, and Ravalli Counties MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION Water Resources Division - Water Rights Bureau WEBSITE: httpJldn7c.mt.gov/wrd/ P Havre Gtasg0 _.� Ka wet - r isso Hoe Le wis.to, Bozeman Form H l D SRC Gsvnership Update —Divided in:cr5t page 4 ` DNRC OWNERSHIP UPDATE DIVIDED INTEREST Complete one form for each water right that will be divided. Your water right will be divided into separate water rights FOR DEPARTMENT USE ONLY based on the information provided. I Rec'd Date Submit all three pages of this form with the filing fee, a deed, contract for deed, or other recorded document; a water right abstract; and a map. Contact your local DNRC Water Resources Regional Office if you have any questions. Filing Fee $50.00 Ree'd By _ Fee Reed $ Payor Check No. Refund S Date Deposit Receipt # OUID # If all interested parties wish to split the water right, each must fill out and sign either part B or part C of this form. A water right can be split into several portions on one form for one $50 filing fee. All interested parties must sign off on the split of water rights even if their portions are not split into individual rights. PART A -- GENERAL INFORMATION 1. DATE OF LAND TRANSFER (SALE) 2. WATER RIGHT BEING DIVIDED 75LJ 57621 00 3. SELLER (Grantor) Stillwater Corporation MAILING ADDRESS PO Box 7338 CITY Kalispell PHONE 406-758-7720 STATE MT ZIP 59904 EMAIL 4. BUYER {Grantee} City of Kalispell MAILING ADDRESS PO Box t997 CITY Kalispell STATE MT Zip 59903 PHONE 405-758-7720 EMAIL 5. HOW IS THIS WATER RIGHT BEING DIVIDED? Please check only one. ❑ The water right is being divided as specifically identified in a deed, contract for deed, or other recorded document. (Attach a copy and underline the divided Interest Information.) ❑X The water right is being divided proportionately between the buyer and seller based an the place of use described in the water right. (Attach a copy of the deed, contract for deed, or other recorded document.) 6. WATER RIGHT ABSTRAGT A current DNRC general abstract of the water right being divided must be submitted. To receive DNRC generated water right abstracts, query the water right at the following web address: htt:/)www.nris.mt ov/dnmlwaterrl htsldefatlit.aSDX or contact the regional office serving your area. 7. MAP ❑X A map must be provided. An aerial photo Is preferred. You may also use a scaled map, county plat or quad map showing township and range, section comers, and a north arrow. The following elements must be identified on the map: a. The place of use the seller is retaining; c. Point(s) of diversion; and b. The place of use the buyer is receiving; d. The locatlon of any irrigated acres. IMPORTANT NOTES • If you want to change or add a point of diversion, place of use, place of storage, or purpose of use of a water right you must first rile a change application with the DNRC. • The combined portions of a divided water right cannot exceed the total flow rate, volume, or period of diversion of the original right. ■ The DNRC has no jurisdiction concerning easement, right-of-way, and zoning matters. The buyer and seller must make these provisions where necessary. ■ Thera may be ongoing court action regarding this water right and terms and conditions applicable to the exercise of the divided right. The buyer should be familiar with all aspects of the right received. Form 641 DNRC Uwndrd]ip UpdMp--- Divided Interest Page I PART B — SELLER'S PORTION (Attach additional sheets if necessary) 1. SELLER'S NAME Stillwater Corporation 2, PORTION OF WATER RIGHT RETAINED if specifically identified in the attached recorded document what flow rate will be retained by the Seller? see belov4 ❑ gpm ❑ cfs Stillwater Carporitfon retains the flow raie associated with the 80 acres retained 1:y diem Unless specifically divided in the attached recorded document, both the Seller's and Buyer's water right will retain the full now rate and the use of the flow rate must be shared and/or alternated. Attach an additional sheet explaining how this will be done such that, In combination, the flow rate of the original water right will not be exceeded. Stilltivater Corp retains the volume associated with the Purpose of Use Irrigation Volume (acre-feet) 80 *wias retained by them. Purpose of Use Volume (acre -feat) 3. POINT OF DIVERSION (describe the location to the nearest 10 acres, three quarter sections) NE 114 SW 114 SE 14 Sec 24 TWP 29 21 N ❑ S RGE 22 ❑ E Z W Lot/Tract Black Subdivision Name COS Gov't Lot County Flathead 114 1/4 Loffract Block COS 4. PLACE OF USE Purpose of Use Irrigation 60 acres 114 N2 20 acres 1/4 SE acres 114 N2 acres 114 S2 60 Total Acres 1/4 Sec Gov't Lot TW P Subdivision Name County 1/4 NE 114 Sec 30 114 SW 114 Sec 19 1/4 NW 114 Sec 114 NW 114 Sec El ❑S RGE ❑ E ❑W County Flathead T Alp 29 ON ❑ S TVVP 29 ON ❑ S _ TWP ON ❑S TWP ON ❑S Lot Tract Block Subdivision Name COS Gov't Lot Goocodes(s)07407B19301350000,07407830101500000,07407819301400000 Purpose of Use County _ acres 1/4 1/4 114 Sec TWP acres 114 1/4 1/4 Sec TWP acres 1/4 1/4 1/4 Sec TWP acres 1/4 1/4 114 Sec T\h/P Total Acres LotfTract Block COS Geocodes(s) 5. SIGNATURE Subdivision Name Gov't Lot El ❑S El El ❑N ❑S ❑N ❑S RGE 21 RGE 21 RGE RGE RGE RGE RGE RGE ❑ E OW ❑ E ❑x W ❑ E ❑W ❑ E ❑W ❑ E ❑W ❑ E ❑W ❑ E ❑W ❑E❑W I DECLARE UNDER PENALTY OF PERJURY AND UNDER THE LAWS OF THE STATE OF MONTANA THAT THE FOREGOING IS TRUE AND, C REF✓-r ; Seller Signature. Date: Seller Signature, Date: Form 641 DNRC Qwnardilp Update - Divided Inlerest Pig 2 PART C . BUYER'S PORTION (Attach additional sheets if necessary. If more than one buyer, add sheets showing each buyer's portion.) 1. BUYER'S NAME City of Kalispell 2. PORTION OF WATER RIGHT AGOUIRED Cny of Katispalt recesves the flow rate associated with the 20 acres described in deed and Floillustrated on the attached figure. pure ose of Use Irrigation Rate (gprrticfseo ayove (Only If specifically Identified in the attached recorded document —see Part B, Number 2) PurpVolume acre-feet CKy receives the volt (acre-feet) me associated With the 20 acres described in Purpose of Use Volume (acre-feet) deed and iitistr,tad on the attached figure. 3. POINT OF DIVERSION (describe the location to the nearest 10 acres, three quarter sections) NE 114 SW 1/4 SE 114 See 24 TWP 29E N ❑ S RGE 22 ❑ E z W Lot/Tract Block Subdivision Name COS Gov't Lot County Flathead 114 1/4 1/4 Sec TWP ❑ N ❑ S RGE ❑ E R-1 W LotlTracl Block Subdivision Name C05 Gov't Lot County 4. PLACE OF USE Purpose of Use Irrigation County Flathead 20 acres 1/4 SE 1/4 SW 1/4 Sec 19 W/P 29 acres 1/4 114 1/4 Sec TN/P acres 1/4 1/4 1/4 Sec TWP acres 1/4 1/4 1/4 Sec nVP 20 Total Acres Lo4Tract Block Subdivision Name COS Gov't Lot Geocodes(s) _ Purpose of Use acres acres acres acres Lot/Tract COS Geocodes(s) 1/4 114 i/4 1/4 114 1/4 —1/4 —1/4 _ Total Acres Block ZN ❑S RGE 21 ❑ E [KW ❑N ❑S RGE ❑ E ❑W ❑N❑S RGE ❑E❑W ON ❑S RGE ❑ E ❑W County 1/4 Sec TWP ❑ N E)S RGE ❑ E ❑ W 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W 114 Sec TWP ❑ N ❑ S RGE © E ❑ W Subdivision Name Gov't Lot S. SIGNATURE" I DECLARE UNDER PENALTY OF PERJURY AND UNDER THE LAWS OF THE STATE OF MONTANA THAT THE FOREGOING IS TRUE AND CORRECT. Buyer Signature: Date; Buyer Signature: Date: Form 641 DNRC Ownership Updata -- Divided Int-crast �` I WATER RESOURCES OFFICES BILLINGS: AIRPORT INDUSTRIAL PARK, 1371 RINITOP DR., BILLINGS MT 59105-1978 PHONE:406-247-4415 FAX: 406-247-4416 SERVING: Sig Born, Carbon, Carter, Custer, Fallon, Powder River, Prairie, Rosebud, Stillwater, Sweet Grass, Treasure, and Yellowstone Counties BOZE?vLAN: 2273 BOOT HILL COURT, SUITE 110, BOZEMAN MT 59715 PHONE; 406-586-3136 FAX; 406-587-9726 SERVING. Gallatin, Madison, and Park Counties GLASGOW; 222 6TH STREET SOUTH, PO BOX 1269, GLASGOW MT 59230-1269 PHONE: 406-223-2561 FAX:4M-228-8706 SERVING, Daniels, Dawson, Garfield, McCone, Phillips, Ricblaad, Roosevelt, Sheridan, Valley, and Wi6aux Counties HAVRE: 210 6TH AVENUE, PO BOX 1828, HAVRE MT 59501-1828 P14ONE:406-265-5516 FAX:406-265-2225 SERVING: Blaine, Chouteau, Glacier, Hill, Liberty, Ponders, Teton, and Toole Counties RELENA: 1424 9TH AVE., PO BOX 201601, HELENA MT 59620-1601 PHONE: 406-444-6999 FAX:406-444-9317 SERVING: .Beaverhead, Broadwater, Deer Lodge, Jefferson, Lewis and Clark, Powell, and Silver Bow Counties KALISPELL: 655 TIMBERWOLF PARKWAY, SUITE 4, KALISPELL MT 59901-1215 PHONE: 406-752-2288 FAX: 406-752-2843 SERVING: Flathead, Lake, Lincoln, and Sanders Counties LEWIST04'1'iti: 613 NORTHEASTMAiN ST., SUITE E, LEWISTOWN MT 5 9437-2 020 PHONE: 406-538-7459 FAX: 406-538-7089 SERVING: Cascade, Fergus, Golden Valley, Judith Basin, Meagher, Musselshell, Petroleum, and Wheatland Counties WIISSOULA: 2705 SPURGIN RD. BLDC.C, PO BOX 5004, MISSGULA MT 59806.5004 PHONE: 406-721-4294 FAX:406.542-5899 SERVING: Granite, Mineral, Missoula, and Raval li Counties MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION Water Resources Division - Wafer Rights Bureau WEBSITE: http:/1dnrc.mt.gov1wrd/ Hare Glasg; Hola ele - Lewisto,, 8ozem2rt r __ Fonn 6-11 DN, ?C Ownership Update — Divided in(cccst Page 4 Form No. 641 (U3-291 i) DNRC OWNERSHIP UPDATE DIVIDED INTEREST Complete one form for each water right that will be divided. Your water right will be divided into separate water rights based on the Information provided, Submit all three pages of this form with the filing fee; a deed, contract for deed, or other recorded document; a water right abstract; and a map. Contact your local DNRC Water Resources Regional Office if you have any questions. Filing Fee $50.00 FOP, DEPARTMENT USE ONLY Rec"d Date Rec`d By Fee Redd $ Check No. Payor Refund $ Deposit Receipt # QUID # Dale If all interested parties wish to split the water right, each must fill out and sign ei#her part B or part C of this form. A water right can be split into several portions on one form for one $50 filing fee. All interested parties must sign off on the split of water rights even if their portions are not split into individual rights. PART A — GENERAL INFORMATION 1. DATE OF LAND TRANSFER (SALE) 2. WATER RIGHT BEING DIVIDED 76LJ 542 00 3. SELLER (Grantor) Stillwater Corporation MAILING ADDRESS PO Sox 7338 CITY Kalispell STATE MT ZIP 59904 PHONE 405-758-7720 EMAIL. 4. BUYER {Grantee} City at Kalispell MAILING ADDRESS PO Box 1997 CITY Kalispell STATE NIT PHONE 406-758-7720 ZIP 59903 _ EMAIL 5. HOW IS THIS WATER RIGHT BEING DIVIDED? Please check only one. ❑ The water right is being divided as specifically identified in a deed, contract for deed, or other recorded document, (Attach a copy and underline the divided interest information,) 0 The water right is being divided proportionately between the buyer and seller based on the place of use described in the water right. (Attach a copy of the deed, contract for deed, or other recorded document,) G. WATER RIGHT ABSTRACT ❑X A current DNRC general abstract of the water right being divided must be submitted. To receive DNRC generated water right abstracts, query the water right at the following web address: htto:lhrnvw.nris.mt,govldnrclwaterriohisidefault asax or contact the regional office serving your area, 7. MAP (] A map must be provided. An aerial photo is preferred. You may also use a scaled map, county plat or quad map showing township and range, section comers, and a north arrow. The following elements must be Identified on the map; a. The place of use the seller is retaining; c. Point(s) of diversion; and b. The place of use the buyer is receiving; d, The location of any irrigated acres. IMPORTANT NOTES a If you want to change or add a point of diversion, place of use, place of storage, or purpose of use of a water right you must first fife a change application with the DNRC. a The combined portions of a divided water right cannot exceed the total flow rate, volume, or period of diversion of the original right. a The DNRC has no jurisdiction concerning easement, right-of-way, and zoning matters. The buyer and seller must make these provisions where necessary. • There may be ongoing court action regarding this water right and terms and conditions applicable to the exercise of the divided right. The buyer should be famiirar with all aspects of the right received. Form 641 DNRC Ownership Gpdare - Divici-d Iniarest p i ` PART B — SELLER'S PORTION (Attach additional sheets if necessary) 1. SELLER'S NAME Stillwater Corporation 2. PORTION OF WATER RIGHT RETAINED !f specifically identlfled to the attached recorded document, what flow rate will be retained by the Seller? Gee below ❑ gpm ❑ cfs Stillwater CarporzMon retains tt}c flow rate associated with the 287.3 acres retained by [item. Unless specifically divided in the attached recorded document, both the Seller's and Buyers water right will retain the full flow rate and the use of the flow rate must be shared and/or altemated. Attach an additional sheet explaining how this will be done such that, In combination, the flow rate of the original water right will not be exceeded. Purpose of Use Irrigation Volume (acre-feet) Stillwater Corporation retains the volume associated mth the Purpose of Use Volume (acre-feet) 287 3 acres retained by then[ 3. POINT OF DIVERSION (describe the location to the nearest 10 acres, three quarter sections) SW 1/4 NE 114 NE 114 Sec 25 rNp 29 x❑ N ❑ S RGE 22 ❑ E ❑x W Lot/Tract Block Subdivision Name COS Gov't Lot County Flathead 14 1/4 114 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W LotlTract Block Subdivision Name COS Gov't Lot County 4. PLACE OF USE Purpose of Use Irrigation County Flathead 80 acres 1/4 S2 1/4 SE 114 Sec 19 TWP 29 x❑ N ❑ S RGE 21 ❑ E Ip W 118 acres 114 1/4 NE 114 Sec 30 TWP 29 ❑x N ❑ S RGE 21 ❑ E p W 20.3 acres 114 N2 114 NW 114 Sec 30 TWP 29 ON ❑ S RGE 21 ❑ E p W 69 acres 114 S2 1/4 NW 1/4 Sec TWP 29 p N ❑ S RGE 21 ❑ E p W 287.3 Total Acres Lot/Tract Block Subdivision Name COS Gov't Lot Geocodes(s) see attached list. Purpose of Use County acres 1/4 1/4 1/4 Sec NIP ❑ N ❑ S RGE ❑ E ❑ W acres 1/4 1/4 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W acres 1/4 1/4 114 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W acres 1/4 1/4 1/4 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W Total Acres Lot(Tract Glcck Subdivision Name COS Gov't Lot Geocodes(s) 5. SIGNATURE I DECLARE UNDER PENALTY OF PERJURY AND UNDER THE LAWS OF THE STATE OF MONTANA THAT THE FOREGOING IS TRUE AND RRECT. a / Seller Signature"• � � - — Date: L / i _ Seller Signatures Date: Form 64l DNRC Ownership Update — Divided Interest Page 2 FART C - BUYER'S PORTION (Attach additional sheets if necessary, If more than one buyer, add sheets showing each buyer's portion.) 1. BUYER'S NAME City of Kalispell Gky of Kalispell receives the flow rate associated wish the 33.7 acres described indeed and ilfustrated 2. PORTION OF WATER RIGHT ACQUIRED on the attached figure. Flow Rate (gpmlcfs) see above (Only if specifically Identified in the attached recorded document --see Part B, Number 2) Purpose of Use Irrigation Volume (acre-feet) Gibreceives the volunia associated with the 33.7 acres described in deed Purpose of Use Volume (acre-feet) and illuslrated on the attached figure. 3. POINT OF DIVERSION (describe the location to the nearest 10 acres, three quarter sections) SW 114 NE 114 NE 114 Sec 25 TWp 29 21 N ❑ S RGE 22 ❑ E ❑x W Lot/Tract Block Subdivision Name COS Gov t Lot County Flathead 114 1/4 1/4 Set TWP ❑ N ❑ S RGE ❑ E ❑x W Lot/Tract Block Subdivision Name Cos Gov't Lot County 4. PLACE OF USE purpose of Use Irrigation County Flathead 33.7 acres 114 N2 114 NW 1/4 Sec 30 TWP 29 acres 114 1/4 114 Sec TWP acres 1/4 114 114 Sec TWP acres 1/4 1/4 1/4 Sec TWP 33.7 Total Acres Lot/Tract Block Subdivision Name COS Gov't Lot Geocodes(s) Purpose of Use acres acres acres acres LotlTract COs Geocodes(s) 1/4 1/4 -1/4 114 _ 114 1/4 _ 114 1/4 Total Acres Black County _ 114 Sec TW P 114 Sec TWP 114 Sec TWP 114 Sec TWP Subdivision Name Gov't Lot ❑xN❑S RGE21 ❑EpW El ❑S RGE ❑ E ❑W ON ❑S RGE ❑ E ❑W ❑N ❑S RGE ❑ E ❑W ON ❑S RGE ❑ E ❑W ❑N ❑S RGE ❑ E ❑W ❑N❑S RGE ❑E❑W ❑N ❑S RGE ❑ E ❑W 5. SIGNATURE I DECLARE UNDER PENALTY OF PERJURY AND UNDER THE LAWS OF THE STATE OF MONTANA THAT THE FOREGOING 15 TRUE AND CORRECT. Buyer Signature: Date: Buyer Signature: Date: Form 641 DNRC Ownership Update —Divided Interest P ; 3 WATER RESOURCES OFFICES BILLINGS: AIRPORT INDUSTRIAL PARK, 1371 RINITOP DR., BILLINGS MIT 59105-1978 PHONE:406-247-4415 FAX: 406-247-4416 SERVING: Big Horn, Carbon, Carter, Custer, Fallon, Powder River, Prairie, Rosebud, Stillwater, Sweet Grass, Treasure, and Yellowstone Counties BOZEXL3 N: 2273 SOOT HILL COURT, SUITE 110, BOZEMIAN MT 59715 PHONE 406-586-3136 FAX: 406-587-9726 SERVING: Gallatin, Madison, and Park Counties GLASGOW: 222 6TH STREET SOUTH, PO BOX 1269, GLASGOW MT 59230-1269 PHONE:406-228-2561 FAX: 406.228-8706 SERVING: Daniels, Dawson, Garfield, McCone, Phillips, Richland, Roosevelt, Sheridan, Valley, and Wibaue Counties HAVRE, 210 6TH AVENUE, PO BOX 1828, HAVRE NIT 59501-t828 PHONE: 406-265-5516 FAX:406-265-2225 SERVING' Blaine, Chouteau, Glacier, Hill, Liberty, Pondera, Teton, and Toole Counties HELENA- 1424 9TH AVE., PO BOX 20 160 1, HELENA NIT 59620-1601 PHONE:406-444-6999 FAX: 406-444-9317 SERVING: Beaverhead, Broadwater, Deer Lodge, Jefferson, Lewis and Clark, Powell, arid Silver Sow Counties K.ALISPELL: 655 TINIBERWOLF PARKWAY, SUITE 4, KALISPELL 141T 59901-1215 PHONE: 406-752-2288 FAX: 406-752,2843 SERVING: Flathead, Lake, Lincoln, and Sanders Counties LEWISTOWN: 613 NORTHEAST MAIN ST., SUITE E, LEWISTOWN MT 59457-2020 PHONE: 406-538-7459 FAX: 406-538-7089 SERVING; Cascade, Fergus, Golden Valley, Judith Basin, Meagher, Musselshell, Petroleum, aad Wheatland Counties MISSOULA: 2705 SPURGINRD, BLDG.C, PO BOX 5004, MISSOULA MT 59306-5004 PHONE: 406-721-4284 FAX: 406-542-5899 SERVING: Granite, Mineral, Missoula, and Rava[h Counties MONTANA DEPARTMENT OF NA TURAL RESOURCES AND CONSERVATION Wafer Resources Division - Water Rights Bureau WEBSITE: http://dnrc.mt.gov/wrdl ;- Havre Glasgow �. iCafispe] __.. - 1 isso Ue a... L-gwisto - i'Billings Bozeman T. ram 641 D 4RC Ownership Update — Divided Inceresl Page 4 KALISPELL NORTH TOWN CENTER STORMWATER OPERATION & MAINTENANCE MANUAL PHASE 1 and 2 Kalispell, MT Prepared For: Jeff Claridge PO Box 7338 Kalispell, MT 59904 Prepared By: CTA Architects Engineers 411 E. Main Street, Suite 101 Bozeman, MT 59715 406.556.7100 www,ctagroup.com CTA Project No. LHC_KNTC May, 2018 KNTC I Project No. Storm Water Manual I LHC KNTC TABLE OF CONTENTS 1.0 KALISPELL NORTH TOWN CENTER — PHASE 1 & 2............. ........... I.......................... 2 1.1 System Description..........................................................................................................2 1.2 Responsible Party..........................................................................................................................2 1.3 Contact. 2 2.0 INSPECTION AND MAINTENANCE REQUIREMENTS.................................................. 2 2.1 List of expected design life/replacement schedule...................................................................... 2 3.0 MAINTENANCE AGREEMENT....................................................................................... 3 4.0 FINANCIAL PLAN........................................................................................................... 3 4.1 Storm water related facilities and expected date of replacement and cost................................3 4.2 Sinking fund calculation................................................................................................................3 4.3 Mechanism for initiating and sustaining the sinking fund account..............................................4 5.0 MAINTENANCE ACCESS REQUIREMENTS................................................................. 4 FIGURES Figure 1 Stormwater System Overview Map APPENDICES Appendix 1 Common Area Management Plan and Conditions, Covenants and Restrictions Appendix 2 Maintenance Tasks Appendix 3 Facility Inspection Checklist Appendix 4 Maintenance Agreement CTA Architects Engineers KNTC Project No. Storm Water Maintenance Manual LHC KNTC 1.0 KALISPELL NORTH TOWN CENTER — PHASE 1 & 2 1.1 System Description The storm water system under this operation and maintenance plan is associated with Phase 1 and 2 of the Kalispell North Town Center subdivision. Phase 1 and 2 consists of a total 74.95 acres including a total of eleven commercial lots and one multi -family residential lot. Storm - water detention is being provided in a regional pond as indicated in Figure 1. Water quality volume for stormwater treatment is being provided as part of the regional detention pond and in three water quality ponds located along Highway 93 as indicated in Figure 1. A swale is utilized to convey stormwater from Phases 1 and 2 of the development to the regional detention pond and the pond outlet consists of a swale until matching existing conditions. The regional detention facility is located on a common parcel that will be owned by the POA. 1.2 Responsible Part The Developer will be responsible for the operation and maintenance of all such facilities until the Kalispell North Town Center Property Owner's Association (POA) is formed after a sufficient number of lots are sold. The POA will assess fees to all said parcels in an amount sufficient to cover the costs of operation and maintenance, including an amount set aside for replacement of said infrastructure. Included in Appendix 1 are copies of the Common Area Management Plan and the Covenants, Conditions, & Restrictions (CCR's). 1.3 Contact The Developer's contact information is: Jeff Claridge, Owner PO Box 7338 Kalispell, MT 59904 (w) 406.758.6420 (c) 406.212.0030 2.0INSPECTION AND MAINTENANCE REQUIREMENTS Maintenance tasks are associated with dry swales, detention pond, and infiltration ponds (WQV ponds along HWY 93). Appendix 2 has a list of inspection and maintenance requirements for each of these facilities. These requirements have been modified from the City of Kalispell Standards for Design and Construction to be system specific. Appendix 3 provides an inspection checklist. Inspection and maintenance records should be maintained with the responsible party. 2.1 List of expected design lifeire lacement schedule If properly maintained the pond, dry swales and infiltration facilities will operate indefinitely. The outlet structure in the detention pond is expected to have a 50-year design lifelreplacement schedule. Detention pond fencing is expected to have a 25-year design life/replacement schedule. CTA Architects Engineers KNTC Project No. Storm Water Maintenance Manual LHC KNTC 3.0 MAINTENANCE AGREEMENT In accordance with the City of Kalispell Standards for Design and Construction, the owner shall be responsible for the operation and maintenance of such measures outlined in this manual and shall pass such responsibility to any successor owner (in this case the POA as previously defined). Each owner shall submit a copy of the Maintenance Agreement located in Appendix 4. The agreement shall be recorded in the office of the clerk and recorder for Flathead County, Montana and shall run with the land. 4.0 FINANCIAL PLAN 4.1 Storm water related facilities and expected date of replacement and cost The storm water facilities will be maintained along with other common areas as indicated in the common area management plan. The Developer (Owner) will maintain these facilities for a minimum of one year to determine regular maintenance costs that will be passed to the POA at time of creation. Over time, if these costs change as facilities age, those maintenance costs will continue to be passed on to the POA accordingly. Replacement costs for detention pond inlet and outlet structures and fencing are presented below. If properly maintained, the dry swales and infiltration facilities will not require long term replacement. Item 2017 Construction Costs Replacement Cycle Detention Pond Outlet Structure $2,500 50-years Pond Fencing $40,680 25-years 4.2 Sinkina fund calculation The monthly contribution to the sinking fund was calculated by calculating the future value of the items described in the previous section using a 2.5% rate of inflation, 4% rate of return on the fund, monthly contributions and the replacement period defined above. Present day costs were determined using RS Means. CTA Architects Engineers KNTC I Project No. Storm Water Maintenance Manual LHC KNTC Kalispell North Town Center Phase 1 & 2 Sinking Fund Calculation for Stormwater Facility Replacement Rate of Inflation 2.5% Interest Rate 4.0% Future Monthly Replacement Contribution Replacment Value w/ to Sinking Improvement 2017 Value Cycle (yrs) Inflation Fund Pond Outlet Structure $ 2,500.00 50 $8,714.52 ($4.56) Pond Fencing $40,680.00 25 $75,950.85 ($147.73) Total $43,180.00 $ 84,665.37 $ (152.29) The total monthly contribution to the sinking fund will need to be $152.29 per month apportioned by the POA to individual lot owners. 4.3 Mechanism for initiating and sustaining the sinking fund account The sinking fund account will be initiated as part of the creation of the Property Owner's Association. Monthly association dues will include the sinking fund and be accounted for separately. Until this time all costs will be borne by the Developer (Owner). 5.0 MAINTENANCE ACCESS REQUIREMENTS Kalispell North Town Center has been designed to meet the City of Kalispell requirements for maintenance access as noted below. Refer to Figure 1 for the location of an access drive to the Stormwater Detention Pond that has been designed to conform to section 4.10.1 H of the city standards. CTA Architects Engineers KNTC Project No. Storm Water Maintenance Manual LHC KNTC FIGURE Stormwater System Overview Map CTA Architects Engineers wrn wog RIPRAP C MAINTENANCE ❑ETENTI0N w h z w U z d w h o D 0 U z J z w .0 fL 4N = S FIG 1 KNTC Project No. Storm Water Maintenance Manua[ LHC ._KNTC APPENDIX 1 Common Area Management Plan and Conditions, Covenants and Restrictions CTA Architects Engineers KALISPELL NORTH TOWN CENTER COMMON AREA MANAGEMENT PLAN PROPERTY OWNER'S ASSOCIATION Kalispell North Town Center Property Owner's Association Section 1. An association is hereby established known as the "Kalispell North Town Center Property Owners' Association," herein after referred to as the POA. Said Association may be incorporated under a different name as may be approved by the Montana Secretary of State. Legal Descriptions for Phases 1 & 2 of Kalispell North Town Center are included as Exhibit "A". Section 2. Every owner or contract purchaser of a lot shall be a member of the Kalispell North Town Center Property Owners' Association. Membership shall be appurtenant to and may not be separate from the ownership of any lot. Each owner shall be responsible for advising the Association of their acquisition of ownership, of their mailing address, and of any changes of ownership or mailing address. The initial address of the Association shall be Stillwater Corporation, PO Box 7338, Kalispell, MT 59904. The address of the Association may be changed by the Board of Directors upon notice to the owners. Section3. For the purpose of detennining membership, any meeting of a person or entity shall be deemed to be a member upon the recording of a duly executed deed to that owner, or upon the recording of Notice of Purchaser's Interest or an Abstract of Contract for Deed showing a contract purchase by an owner. The legal title retained by the vendor selling under contract shall not qualify such vendor for membership. Foreclosure of a mortgage, trust indenture or the termination of foreclosure of a contract for deed wherein title is vested in the mortgage, beneficiary or original sell on a contract, or repossession for any reason of a lot or unit sold under a contract shall terminate the vendee's membership, whereupon all rights to such membership shall vest in the legal owner. Section 4. The annual meeting of the Association shall occur annually on the first Monday of March. Any special meetings may be called by the President, or in the absence of the President, by the Vice - President. In addition, a special meeting shall be held upon call of 50% of the owners. Special meetings shall require seven (7) days' notice, in writing. Notice of annual and special meetings shall be mailed to owners at the address for each owner as provided pursuant to Section 2 of this Article. The presence of members, in person or by written proxy, representing 60% of the total votes of the membership shall constitute a quorum. At the annual meeting, the members shall review and approve a budget for the next year, shall elect Directors to fill any expired term or vacant position, and shall conduct such other business as shall be reasonable or necessary to carry out the purpose of the Association. The members shall have the authority to set the number of Directors, which number shall not be less than three (3) nor more than seven (7). Section 5. The annual meeting of the Board of Directors shall be held immediately after the annual meeting of the members. At the annual meeting, the Directors shall elect a President, Vice -President, and Secretary/Treasurer for the Association from among the Directors, except that the Secretary/Treasurer may be a member who is not aDirector. 1IPage Section 6. The Board of Directors shall serve for a term to be set by a simple majority of the membership, which shall not be for less than one year. Each director shall serve until replaced by his or her successor. Any vacancy on the Board of Directors occurring before the next annual meeting of the members shall be filled by the remaining directors. Section 7. The Board of Directors shall have the power and responsibility of acting on behalf of the Association and its members as shall be reasonably necessary to carry out the purposes of the Association, including but not limited to take such actions as shall be necessary or reasonable to care for, protect and maintain the easements, trails, boundary fences, drainage easements, open spaces; to collect assessments; to set annual and/or special meetings; and to act in any other matters set forth herein or which may serve the development, including the formation of special improvement districts, either public or private, for such improvements as the Association shall approve. The Directors shall act by majority vote. Section S. The duties of each of the offices shall be as follows: President — The President shall preside over all meetings of the POA. He or she shall call the membership together whenever necessary. The President shall be the general administrative and executive officer of the POA, and shall perfonn such duties as may be specified, and exercise such powers as may be delegated to the office of President by the Board of Directors. Vice -President — The Vice -President shall exercise the powers of the President in the absence of the President. Secretary — The Secretary shall give notice of all meetings of the POA, and shall keep a record of the proceedings of the meetings of the POA. The Secretary shall be authorized to sign on behalf of the POA, all records, documents and instruments when such are authorized to be signed by the POA. Treasurer — The Treasurer shall keep and maintain adequate and correct accounts of the accounts, properties, and business of the POA, including accounts of its assets, liabilities, receipts, disbursements, gains and losses of the POA. The Treasurer shall prepare and report such periodic accountings as shall be required by thePOA. Commercial Representative — The Commercial Representative shall provide information and concerns related specifically to the Neighborhood Commercial zone, as indicated on Final Plat. The Commercial Representative shall carry out actions for all business Owners within Kalispell North Town Center. Section 9. A vacancy in any office of the Association shall be filled by appointment by the Board of Directors at the next annual meeting or the successor duly appointed or elected. Section 1. Assessments Each owner, whether or not it shall be so expressed in any deed or contract, is deemed to have agreed to these conditions, and to pay to the Association: -Monthly or Annual assessments or charges; and 2 1 P a g e -Special assessments for capital improvements and reserve assessments, such assessments to be established and collected as hereinafter provided. The monthly or annual, special and reserve assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land, and shall be a continuing lien upon the property against which each such assessment is made. Each assessment, together with the interest, costs and reasonable attorney's fees, shall be the personal obligation of the owner of such property at the time when the assessments are due. Section 2. Purpose of Assessments The assessments levied by the Association shall be used to promote the recreation, health, safety, convenience, and welfare of the owners; for the improvement of roads, repair and maintenance of easements, trails, open space, storm water ponds and associated facilities (per operation and maintenance plan); and for any other purposes, expressed or implied, in these conditions. The annual assessment shall reflect the imposition of an operating assessment upon the lots connected to the community sewer and water system. Section 3. Amount and Approval of Assessments The maximum annual assessment per lot which may be made by the Association in every calendar year shall not substantially exceed the projected and budgeted actual and reasonable costs to be incurred by the Association during the coming year in carrying out the purposes herein set forth, and may include a reasonable reserve for contingencies. The amount of the annual assessments shall be fixed by the Board of Directors of the Association in the following manner: At each annual meeting of the members of the Association, the Directors shall present a proposed budget of the estimated expenses for the Association for the coming year to the members for review, discussion, amendment, comment and approval. The members shall approve or amend the proposed budget by a majority vote of the members present or voting by proxy. After the annual meeting, the Board of Directors shall set the amount of the assessments and the date(s) due for the coming year to cover the budget approved in the manner herein set forth. Section 4. Special Assessments for Capital hnprovements and Reserve Assessments In addition to the annual assessments authorized above, the Association may Ievy special assessments for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction or other capital improvements on the properties and open space, including fixtures and personal property related thereto, provided that any such assessment shall have the approval of two-thirds (2/3) or more of all of the votes of the members who are present, in person or by proxy, at a meeting duly called for that purpose. Special assessments may be levied to be paid over one or more years. Assessments for normal maintenance and repairs shall not require two-thirds (2/3) vote. The Association may levy reserve assessments for the replacement and upkeep of the improvements enjoyed by the Association members. Reserve assessments need not be levied against all lots during any budget cycle provided that any such assessment shall have the approval of two-thirds (2/3) or more of all the votes of the members being assessed, who are present, in person or by proxy, at a meeting duly called for that purpose. Section 5. Uniform Rate of Assessment 3 1 P a g e Annual assessments shall be fixed by the Directors at a uniform rate for each lot within the following two (2) categories: Category A: Commercial lots Category B: Residential single family or multi -family. (3) Section 6. Date of Commencement of Annual Assessments: Due Dates Except as herein provided, the annual and special assessments provided for herein shall be due on the date determined by the Board of Directors. The Board of Directors shall fix the amount of the annual assessments against each lot at least thirty days in advance of the due date of each annual assessment, and at least ninety days in advance of a special assessment and reserve assessments. Written notice of the annual and special assessments shall be mailed or personally delivered to every member subject thereto, at their last known mailingaddress. Section 7. Effect of Nonpayment of Assessments: Remedies of the Association Any assessment not paid within thirty days after the due date shall bear interest from the due date at the rate of ten percent (10%) per annum. The Association may bring an action at law against the owners obligated to pay the same or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the open space or by abandonment of their lot. Upon delivery of the notice of assessment to the owner, the assessment shall be a lien upon the owner's lot until paid. The Association may record a notice of the lien with the Clerk and Recorder of Flathead County, Montana. In the event of non-payment within thirty days after the recording of the notice of lien, the Association may foreclose the lien in the manner set forth under Montana law for the foreclosure of liens against real property. The Association is entitled to collect during an action for delinquent assessments any and all reasonable attorney fees and costs accrued prior to and in association with the collection of delinquent assessments. Section 8. Sale or Transfer of a Lot The sale, transfer or encumbrance of any lot shall not affect the assessment lien if recorded in the records of Flathead County, Montana, or the personal liability of the owner responsible for the assessment. No sale or transfer to a third party with actual or constructive knowledge of an assessment shall relieve such new owner from the liability for any outstanding assessments, or from any assessments thereafter becoming due, or from the recorded lien thereof. A person or entity purchasing a lot shall be responsible for checking with the Association for any outstanding assessments against said lot before the closing upon the purchase. Section 6. Open Space and Trail Maintenance The Association shall be responsible for trail maintenance within Kalispell North Town Center. The Association is also responsible for the weed control, mowing, care and maintenance of open spaces and all conunon area amenities within Kalispell North Town Center. The Association may use the provision of Conditions for collecting funds to pay for such maintenance. Section 7. Noxious Weeds In order to comply with the Noxious Weed Management Plans of the Flathead County Weed Control District and the Montana County Noxious Weed Control Act, the District requires that the following 4 1 P a g e items be addressed in the Conditions of each subdivision within Flathead County. The POA is responsible for noxious weed control in all parks, open spaces, community areas, trails, and roadways within the subdivision not owned by the city. Each landowner is responsible for the subdivision roadway adjoining their property. The POA will also act as the contact point for any noxious weed complaints within the subdivision. The control of noxious weeds by the POA on those areas for which the POA is responsible and the control of noxious weeds by individual owners on their respective lost shall be as set forth and specified under the Montana Noxious Weed Control Act (MCA 7-22-2101 through 7-22- 2153) and the rules and regulations of the Flathead County Weed Control District. The landowner shall be responsible for the control of the state and county declared noxious weeds on his or her own lot. Both unimproved and improved lots shall be managed for noxious weeds. In the event a landowner does not control the noxious weeds, after ten days notice from the POA, the POA may cause the noxious weeds to be controlled. The cost and expense associated with such weed management shall be assessed to the lot and such assessment may become a lien if not paid within 30 days of the mailing of such assessment. The POA is responsible for the control of state and county declared noxious weeds in the subdivision's parks, open spaces, community areas, trails, androadways not owned by the city. QUen Snaees Section 1. Purpose Open space within the development is proposed for active and passive activities and is to be accessible for public use. Trails and areas within Kalispell North Town Center will serve as public recreation areas. The trail system shall be used for non -motorized travel only. Section 2. Mandatory Requirements Open spaces as designated on the Final Plat, shall be preserved in perpetuity. The Board, among its other duties, shall establish assessments for the taxes, insurance, and maintenance of all open space, roads, trails, and easements under the control and authority of the Association, owners' parks, and parkways. The Association shall be responsible for Iiability insurance, local taxes and maintenance of recreation and other facilities in designated open spaces. The assessments levied by the Board for the maintenance, upkeep, repair and operation of open space like all other assessments, become a lien on each lot within Kalispell North Town Center. The Board may adjust the assessments to meet the changing needs of the community and the areas serving the community. Section 3. Nuisance No Owner, guest or invitee may use or occupy the open space, trails, roads, or any lot in such a manner as to disturb or interfere with the peaceful use, occupancy or enjoyment of any other owner, or guest of Kalispell North Town Center. Section 4. Control and Management The Association shall have the exclusive right and obligation to manage, control and maintain the Open Space. 5 1 P a g e Utilities Installation and Maintenanc Utilities Easement Utility easements for electricity, gas, sewer, communications, telephone, water, television, cable communications, and other equipment shall be underground and are designated on the Kalispell North Town Center plat. Easements for ingress and egress and for utilities shall not be moved, deleted or restricted without the written approval of all the lot owners affected. Utility companies and owners must restore disturbed land to a condition as close as possible to the natural condition of the land before work commenced. Maintenance Each Parcel owner shall, at all times, at its sole cost and expense, keep its Parcel including all improvements thereon, in a well -maintained, safe, clean and attractive condition, Such maintenance includes, but is not limited to the following: a) Prompt removal of all litter, trash, refuse, wastes, snow and ice. b) Keeping all landscaping alive, weed free and attractive. c) Keeping exterior lighting and mechanical facilities in working order. d) Keeping parking areas, driveways, and roads in good repair. e) Complying with all government health and safety requirements. f) Striping of parking areas and repainting of improvements. g) Repair of exterior damage to improvements. h) Maintenance of utility lines. Section 1. The owner of each Lot shall be primarily liable, and the Occupant, if any, secondarily liable for the violation or breach of any condition or restriction herein contained. Violation or breach of any covenant, condition or restriction herein contained shall give to Declarant, or the Association, following thirty (30) days written notice to the Owner or Occupant in question except in extenuating circumstances, the right, privilege and license to enter upon the Lot where said violation or breach exists and to abate and remove summarily, or abate or remove, at the expense of the Owner or Occupant thereof, any improvement, structure, thing, or condition that may be or exist there on contrary to the intent and meaning of the provisions hereof, or to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these conditions to enjoin or prevent them from doing so, to cause said violation. No such entry by Declarant, the Association or their agents shall be deemed a trespass, and neither Declarant nor the Association nor their agents shall be subject to liability to the Owner or Occupant of said Lot for such entry and any action taken to remedy or remove a violation. The cost of any abatement, remedy or removal hereunder shall be a binding personal obligation on any Owner or Occupant in violation of any provision of this Declaration, as well as a lien (enforceable in the same manner as a trust indenture) upon the Lot in question. The lien provided for in this section shall not be valid as against a 6 1 P a g e bona fide purchaser or mortgagee for value of the Lot in question unless a suit to enforce said lien shall have been filed in a court of record in Flathead County, Montana, prior to the recordation of the deed or mortgage conveying or encumbering the Lot in question to such purchase or mortgage, respectively. Section 2. Right of Entry. During reasonable hours and upon reasonable notice (24 hours), and subject to reasonable security requirements, the Declarant, the Association or their agents, shall have the right to enter upon and inspect any Lot and the Improvements thereon covered by this Declaration for the purpose of ascertaining whether or not the provisions of this Declaration have been or are being complied with, and neither Declarant nor the Association nor their agents shall be deemed to have committed a trespass or wrongful act by reason of such entry or inspection. Section 3. The term of the provisions of these conditions shall be binding for a term of fifteen (15) years from the date of these conditions and may be modified, altered or amended during that period only by the Declarant at the Declarant's sole option. After the initial fifteen (15) year period, the conditions should be automatically extended for successive periods of ten (10) years not to exceed three (3) such extensions unless an instrument agreeing to amend, revoke or terminate these conditions has been signed by the Owners of eighty (80) percent of the Iots in Kalispell North Town Center. Anything required as a condition of preliminary subdivision approval shall not be altered or amended without the agreement of the governing body. Section 4. Enforcement of these conditions shall be by proceedings either at law or in equity against any person or persons violating, or attempting to violate, any condition; and the legal proceedings may either be to restrain violation of these conditions, to recover damages, or both. Should any lawsuit or other legal proceeding be instituted by the Association or an owner against an owner alleged to have violated one or more of the provisions of these conditions and should the Association or owner enforcing the provisions of the conditions be wholly or partially successful in such proceedings, the offending owner shall be obligated to pay the costs of such proceeding, including reasonable attorney's fees for all time associated with the action. Section 5. The failure of the Declarant, the Association or an owner, to enforce any conditions contained herein shall not be deemed a waiver or in any way prejudice the rights to later enforce that condition or any other condition thereafter, or to collect damages for any subsequent breach of that condition. The waiver or approval of a variance of a Covenant provision by the Board of Directors, or non -action of the Association or Declarant in the event of a violation of a Covenant by a particular owner or lot, shall not be deemed to delete or waive the Covenant or enforcement thereof as it pertains to other Owners or lots. Section 6. Invalidation of anyone of these Conditions by judginent or by Court order shall in no way affect any of the other Conditions or provisions, all of which shall remain in full force and effect. Section 7. In any conveyance of the above described real property or of any lot thereon, it shall be sufficient to insert a provision in any deed or conveyance to the effect that the property is subject to protective or restrictive Conditions without setting forth such restrictions and Conditions verbatim or in substance in said deed nor referring to the recording data. All of the above described real property and lots shall be subject to the Conditions set forth herein, whether or not there is a specific reference to the saine in a deed or conveyance. Section 8. A breach of any of the foregoing restrictions or Conditions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value upon any lot or portion of the 7 1 P a g e real property or any improvements thereon. However, the Conditions shall be binding upon and shall insure to the benefit of any subsequent owner whose title thereto was acquired by foreclosure, trustee sale or otherwise. Section 9. After the initial 15-year ten-n for these conditions, the provisions of these Conditions may be changed or amended or additional Conditions added, in whole or in part, by the Association upon approval of two-thirds (2/3) of the votes of the Property Owners' Association at a meeting duly noticed and called for this purpose; provided that, the easements for roads, utilities and common areas shall not be changed without the unanimous consent of all of the Owners affected by the change. The President or Vice -President shall execute and record the amendment, change or addition with the Clerk and Recorder of Flathead County, Montana. Any change of these Conditions shall be effective upon the filing and recording of such an instrument in the office of the Flathead County Clerk and Recorder. Any change in these Conditions shall not affect existing structures and uses of the lots. President Printed Name Signature Vice -President Printed Name Signature Secretary Printed Name Printed Signature Treasurer Printed Date Date Date 8 1 P a g e Signature Date Commercial Representative Printed Signature Date 9 1 P a g e EXHIBIT "A" PARCELS Legal Descriptions Phases 1 & 2 Kalispell North Town Center 2018_02KNTC PIONEERING ENVIRONMENTS Kalispell North Town Center — Phase 1 Property Description A tract of land located in the northwest quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the northwest corner of said Section 30, Township 29 North, Range 21 West, P.M.,M., City of Kalispell, Flathead County, Montana; thence S38°34'11"E, 111.48 feet to a point on the east boundary of U.S. Highway 93 right-of-way and the POINT OF BEGINNING; thence EAST, 1129.94 feet; thence SOUTH, 340.77 feet; thence WEST, 256.08 feet to the beginning of a 430.00 foot radius curve to the left; thence along said curve 382.54 feet through an angle of 50°58'20"; thence WEST, 436.73 feet; thence SOUTH, 680.11 feet; thence N83027'28"W, 77.25 feet; thence N89-48'47"W, 30.09 feet to a point on the east boundary of U.S. Highway 93 right-of- way; thence along said east boundary through the following five courses: 1) N00.11'11 T, 97.32 feet; 2) N14012'33"E, 61.91 feet; 3) N00°11'06"E, 940.00 feet; 4) N13°54'44"W, 61.80 feet; 5) N00°14'37"E, 13.90 feet to the POINT OF BEGINNING, said tract contains 12.486 acres, all as shown hereon, and A tract of land located in the northwest quarter and southwest quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the west quarter corner of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence N88056'08"E 1338.89 feet to the POINT OF BEGINNING; thence N89°36'32"E 333.62 feet; thence S0023'28"E 723.10 feet; thence S89036'32"W 333.60 feet; thence NO°23'35"W 723.10 feet to the POINT OF BEGINNING, said tract contains 5.538 acres, all as shown hereon. Subject to and together with easements as shown. Subject to and together with easements of record. lAlhc_kntcldocsl6 final plat submittaRkntc_final plat phase 2 working docslccrs20181kntc phase - t property descripfion.docx http:/1ww,w_ctagroup.com E-mail: [nfc@ctagroup.com KALISPELL NORTH TOWN CENTER - PHASE II LEGAL DESCRIPTION A tract of land located in the south half of Section 19, and the north half of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the northwest corner of said Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the north line of said Section 30, S89041121 "E, 69.85 feet to a point on the east boundary of U.S. Highway 93 right-of-way and the POINT OF BEGINNING; thence continuing along the north line of said Section 30, S89°41'21 "E, 1237.79 feet to the west sixteenth corner common to said Sections 19 and 30; thence along the sixteenth line of said Section 19, N00°33'20"W, 524.92 feet, thence leaving said sixteenth line, S89°59'34"E, 562.05 feet; thence N00"00'11 "E, 35.10 feet; thence S89059'49"E, 60.00 feet; thence S00"00'11 "W, 555.00 feet; thence S44°59'55"E 7.07 feet; thence EAST 275.88 feet to the beginning of a 1040.00 foot radius curve to the right; thence along said curve 223.72 feet through an angle of 12°19'30"; thence S77040'30"E, 144.74 feet to the beginning of a 1360.00 foot radius curve to the left; thence along said curve 621.28 feet through an angle of 26010'27"; thence N76009'04"E, 150.75 feet, to the beginning of a 1040.00 foot radius curve to the right; thence along said curve 251.33 feet through an angle of 13050'46"; thence N89"59'50"E 1706.09 feet to a point on the east line of said Section 19; thence along said east line, S00"37'29"E, 41.97 feet to the southeast corner of said Section 19; thence along the south line of said Section 19, said south line also being the north line of Tract B of Certificate of Survey No. 20570, on file in the office of the Clerk and Recorder, N89'40'24"W 687.79 feet to the northwest corner of said Tract B; thence along the west line of said Tract B, S00012'33"E 41.98 feet; thence S89"59'50"W, 1018.92 feet to the beginning of a 960.00 foot radius curve to the left; thence along said curve 231.99 feet through an angle of 13050'46"; thence S76009'04"W, 150.75 feet to the beginning of a 1440.00 foot radius curve to the right; thence along said curve 657.83 feet through an angle of 26"10'27"; thence N77°40'30"W, 144.74 feet to the beginning of a 960.00 foot radius curve to the left; thence along said curve 206.51 feet through an angle of 12°19'30"; thence WEST 265.89 feet; thence S45°00'05", 7.07 feet; thence S00°00'11"W, 1235.11 feet; thence WEST 1763.36 feet; thence S83°21'33"W, 65.88 feet; thence N89°48'47"W, 40.18 feet to a point on the east line of U.S. Highway 93 right-of-way; thence along said east line N00011'11 "E, 76.39 feet; thence leaving said east line and along the south and east lines of Lot 2, Block 1 of the plat of Kalispell North Town Center - Phase 1, on file in the office of the Clerk and Recorder, for the following three courses: 1) S89°48'47"E, 30.09 feet; 2) S83"27'28"E, 77.25 feet; 3) NORTH 680.10 feet to the southwest corner of Lot 1, Block 1 of said plat of Kalispell North Town Center - Phase 1; thence along the southerly, easterly and northerly lines of said Lot 1 for the following five courses: 1) EAST 436.73 feet to the beginning of a non -tangent curve to the right, said curve having a radial bearing of S50°58'21"E and a radius of 430.00 feet; 2) along said curve for a distance of 382.54 feet, through an angle of 50°58'20"; 3) EAST 256.08 feet; 4) NORTH 340.77 feet; 5) WEST 1026.85 feet to the northeast corner of said Lot 2; thence along the north line of said Lot 2, WEST 103.09 feet to a point on the east line of said U.S. Highway 93 right-of-way; thence along said east line N00°14'37"E 86.78 feet to the POINT OF BEGINNING. Said Tract contains 56.926 acres. KALISPELL NORTH TOWN CENTER COMMERCIAL EASEMENTS AND RESTRICTIONS AGREEMENT THIS EASEMENTS AND RESTRICTIONS AGREEMENT (this "Agreement"), is made this day of , 2018, by STILLWATER CORPORATION, LLC, a Montana limited liability company, Master Developer ("Declarant'). WITNESSETH: WHEREAS, Declarant is the fee owner of certain real property located in Kalispell, Flathead County, Montana, more particularly described on Exhibit "A" attached hereto, and made a part hereof, "Commercial Parcels Parcels ." and; WHEREAS, Declarant desires to impose certain restrictions on the Parcels to promote the orderly development and use thereof in a manner compatible with the vision for the Master Development (Project). NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Declarant hereby declares that the following restrictions are imposed on the development of the Parcels for the benefit of the Master Development (Project), and Declarant: A. SITE IMPROVEMENTS Buffer Strip. A buffer strip containing landscaping only shall be maintained between the property line and the edge of the pavement around the perimeter of each Parcel, and no above -ground improvements of any type shall be erected thereon other than signs installed in accordance with Section C. of this Agreement, landscaping, directional signs, fencing, traffic barriers, light poles, walkways and entrances to the Project roadways. Said buffer strip shall be at least ten feet (10') in width, except where an Parcel has a common boundary with another Parcel, in which event the buffer strip shall be five feet (5') wide on each side of such common boundary. 201 S_03KNTC 2. Curbs and Pavement. (a) Concrete curbs and gutters shall be constructed on or adjacent to the Parcels in each of the following locations: (i) around the entire perimeter of each Parcel, at the edge of the pavement, to separate the paved area from the adjacent landscaped buffer; (ii) on both sides of the landscaped buffer in those areas where the buffer separates Parcel from adjacent access drives and/or adjacent public roadways; (iii) around the building(s) and any landscaped islands constructed on each Parcel; and (iv) at all vehicular entrances to the Parcels from adjacent public roadways, adjacent access drives, and contiguous Parcels. All such curbs shall be full -depth eighteen inch (18") poured -in - place concrete curbs. No bumper blocks or precast, extruded or asphaltic curbs shall be permitted. Minimum height of curb or curb and gutter above paved areas shall be six inches (6") except at entrances. Handicapped ramps shall be provided as required by applicable code. (b) The pavement section of the parking areas shall conform to City of Kalispell, recommendations for concrete and asphalt but in no case less than 4" reinforced concrete or 3" asphalt on 8" of engineered base. 3. Parking and Access. (a) Each Parcel shall be self-sustaining as to parking. There shall be maintained at all times on each Parcel the greater of: (i) not less than four (4) automobile parking spaces of standard size for each one thousand (1,000) square feet of floor area constructed on the Parcel, or (ii) such number of automobile parking spaces as may be required by applicable law (after taking into account any variances); provided, however, notwithstanding clause (a)(i) above: any restaurant shall maintain the greater of ten (10) spaces per one thousand (1,000) square feet of floor area or such number of spaces as may be required by applicable law. (b) Design of the parking areas shall be in accordance with the following: (i) Compact car spaces are not allowed. (ii) Handicapped spaces should be provided in accordance with applicable codes. (iii) In general, parking aisles should be perpendicular to the building serviced by same, when possible. (iv) Whenever possible, curbed islands should separate a change in direction of parking stalls and aisles. (v) Parking lot striping shall be 9' minimum width and 19' long. Striping shall be maintained in good order and re -striping shall be provided as is reasonable and required. 2 2018 03KNTC (c) Declarant hereby establishes, to and for the benefit of the Parcels and the owners, tenants, occupants, customers and invitees of the parcels, a non-exclusive, perpetual easement for vehicular and pedestrian access, ingress and egress to and from U.S. 93. 4. Utilities. (a) Grant of Easement. Declarant hereby acknowledges that the utility and drainage systems ("Utilities ') serving the Parcels are part of the systems serving the Project. Declarant hereby establishes, for the benefit of the Parcels, a perpetual, non- exclusive easement to connect with and use such utility and drainage systems upon and subject to the following terms and conditions: (i) All connections shall be designed by a professional engineer. All points of connection shall be located per Kalispell City standard at locations approved in writing by Declarant The plans for all connections shall be subject to the prior written approval of Declarant. (ii) The quality of materials used in connecting lines, pipes, conduits or other materials shall be of quality equal to or better than those to which they are connected. (iii) The materials and workmanship shall comply with all applicable governmental codes and regulations. (iv) All work done in making said connections and repairs to such Utilities shall be completed expeditiously and in such a manner so as to cause no undue interference with the businesses being conducted at other locations in the Project, so as to minimize any disruption to the Project, access drives, and so as not to interrupt or interfere with utility services to any improvements in the Project. (v) After completion of such work, the fee owner of such Parcel shall, at its cost and expense, promptly restore all property and improvements affected thereby to the same or as good condition as existed immediately prior to the commencement of such work. (vi) With respect to any water, sanitary and storm utility systems which are not maintained by a utility company or governmental authority, the fee owner of each Parcel served by such utility system shall pay to Declarant, or to its designee, upon receipt of periodic statements therefore a proportionate share of the cost of operating, maintaining and repairing such utility system based upon the area of the Out Parcel and the total area of other Parcels served by such utility system. (b) General. All utility lines shall be entirely underground, with no overhead lines, poles or wires permitted. 3 2018 03KNTC (c) Storm Sewers. All storm sewers shall be designed such that the entire storm water run-off will be contained within the Parcels, but shall discharge through the storm water drainage system for the Commercial Center. Storm water drainage shall be implemented by the use of catch basins and underground storm lines. No open ditches will be permitted. Construction of the storm sewer system shall be in accordance with the following: (i) Storm sewer design of pipe and size shall be determined on storm frequency of not less than ten (10) years or as determined by local code. (ii) Storm sewer size of main line is to be a minimum of twelve inches (12") in diameter. (iii) Catch basin, manholes and drainage appurtenances shall be spaced in accordance to local codes and as required to provide necessary drainage. (iv) Material type shall conform to local codes and American Society for Testing and Materials. (v) Each Parcel owner's design engineer is responsible for determining that its system is in compliance with applicable codes and that its system does not exceed the design capacity of the system into which the Parcel system flows. (d) Sanitary Sewers. No on -site septic system for sanitary sewer treatment facility will be penmitted on the Parcels. Construction of the sanitary sewer system shall be in accordance with the following: (i) Public sanitary sewers shall be minimum diameter of eight inches (&"). Service lines to the building shall be a minimum of six inches (F) in diameter. (ii) Materials shall conform to American Society for Testing and Materials and local codes. (iii) Installation of sanitary sewer pipe shall conform to local codes. Trench detail and method shall be incorporated into the plans. (iv) Sanitary sewer line shall be tested for infiltration, exfiltration, and air tested. (e) Gas. Gas service, if available, shall be provided by the local gas company. The Parcel owner shall be responsible for obtaining any and all necessary consents or approvals for obtaining gas service and for the payment of any fees. All gas Iines shall be below grade. All gas meters, valves, etc. shall be concealed from public view. (0 Electric. Electric service shall be provided by the local electric company. The Parcel owner shall be responsible for obtaining any and all necessary consents or approvals for obtaining electrical service and for the payment of any fees. All electric 4 2018 03KNTC service shall be below grade. All electric meters, transformers, etc. shall be concealed from public view. (g) Telephone. Telephone service shall be provided by the local telephone company. The Parcel shall be responsible for obtaining any and all necessary consents or approvals for obtaining telephone service and for the payment of any fees. All telephone service shall be below grade. All telephone equipment shall be concealed from public view. (h) Utility Easements. Declarant hereby reserves a perpetual, nonexclusive easement for the construction, maintenance, operation, repair, inspection and alteration of utility lines and/or pipelines, together with reasonable rights of access thereto, under, upon and across a fifteen foot (15') wide strip along the inside of and adjoining all boundaries of the Parcels. There shall be no above -ground improvements other than curbing and/or paving on the portion of said easement lying outside of the buffer strip. 5. Traffic Flow. Pavement markings, directional signs and other traffic indicators on the shall provide for a traffic plan compatible with that of the Project. Design of the interior traffic flow and parking layout of each Parcel shall be in accordance with the following: (a) All access points will allow for sufficient vehicle stacking distance. (b) Entrances directing traffic to a "head-on parking condition" should be avoided. (c) Drive-thru facilities should allow for sufficient vehicle stacking distance and should be removed from parcel access points. (d) All two-way access shall be via twenty-four foot (24'-0") wide (face to face of curb) curbed driveways. (e) All one-way access, when required, shall be via twelve foot (12'-0") wide (face to face of curb) curbed driveways. (f) All access driveways shall have a thirty-five foot (35'-0") minimum radius. (g) Service access for use by semi -tractor trailer or fire trucks may require wider driveways with greater radius. (h) Access driveways to public roads may require special acceleration/deceleration lanes. (i) All pedestrian access shall be clearly identified. When same crosses a landscaped area it will be via a five foot (5'-0") wide hard -surfaced sidewalk. 5 2018_03KNTC (j) The minimum distance between access driveways shall be one hundred feet (100' -0") centerline to centerline. 6. Landscaping. (a) The following landscape standards or the ordinances or zoning requirements of the local governing bodies, whichever are more stringent, shall prevail: Plant material will vary, and particular attention should be placed on the selection best suited for the location of the Project to make an attractive parcel that is compatible with the quality of the entire Project. The primary Iandscaping materials should be of quality that will serve in enhancing the enviromnent and also serve as a functional part of the project. Trees should not only provide shade when mature, but also have character and interesting color as they grow. Shrubbery and ground covers should also provide visual effects in color and texture, while providing screening in needed areas and also highlighting the architecture of surrounding structures. Effective use of earth beams and existing topography with existing trees, if any, is also encouraged as a component for a good landscaping plan. The landscaping and planting areas should be reasonably dispersed throughout the site. The interior dimensions of any planting area or planting medium should be sufficient to protect the landscape materials planted within and to insure proper growth with attractive appearance. Irrigation should be supplied to assure the viability of the plant material and ease in the maintenance of the site. (b) The following design criteria shall be followed: (i) Minimum Development Size Requirements. (A) All buffer strips and other portions of the Parcel not devoted to buildings, parking, signage, driveways or sidewalks shall be suitable grassed and/or landscaped in a manner compatible with that of the Project. Not less than seven percent (7%) of the area of each Parcel shall be devoted to landscaping and/or green space. The landscaping on the Parcel shall not obstruct (through either original planting or untrimmed growth) the view of improvements of any adjacent Parcel. (B) Unless a variance is approved by Declarant, landscaping expenditures for a Parcel shall be at least one and a half percent (1.5%) of the total building cost. This would include all in -ground landscaping within the Parcel, exclusive of irrigation and various site amenities. (ii) Plant Material Requirements. (A) Existing plant material of appreciable size and character will be incorporated into the new landscape plan and any other significant landscape features will be preserved. 6 2018_03KNTC (B) No plant material shall be planted that is not capable of growing in the local area. (C) Plant material should be selected for type, size, and quality on the basis of suitability to climate, setting and compatibility with other development plantings, character and functions. (D) Plant materials should be free of disease and harmful insects. Plants selected which are prone to disease and insect problems or which may jeopardize the health of adjoining plantings will not be acceptable. (E) The quality of plant material selected will follow the guidelines of the "American Standard for Nursing Stock" by the American Association of Nurserymen unless otherwise indicated. (F) Proper drainage will be required for all major plantings to insure the establishment of a good root system and a healthy growth. (G) The installation of all landscaping shall be done by a well established landscape contractor who follows the procedures set forth by the American Association of Landscape Contractors and its local agencies. (H) No artificial plants of any type, size or color will be allowed within the landscaped area or around or on the building within the Parcel for the life of the development. (I) The Parcel owner shall be responsible for providing, protecting and maintaining all landscaping in a healthy and growing condition, replacing it immediately, when necessary, with the same type, size and quantity and keeping it free of refuse and debris. (iii) Plant Material Specifications. (A) Trees shall be species having a minimum mature spread of fifteen feet (15') to twenty feet (20'), with a minimum mature height of fifteen feet (I5') and installation size of two and one-half inch (21/2") to four inch (4") caliper. Evergreens will have a minimum of six feet (6') to seven feet (7') in height when installed. 7 2018_03 KNTC (B) Shrubs shall be a minimum of three feet (Y) in height when used as a hedge and five feet (5') to six feet (6') in height if used as an ornamental planting. (C) Vines shall be a minimum of two (2) to three (3) years old when planted and should be used for screening on walls and fences, etc. (D) Ground cover shall be a minimum of two (2) years old when planted and shall be spaced so that a complete coverage can be obtained after one growing season. (E) Grass areas shall be planted with species indigenous to the area, disease resistant and one that will require low maintenance in cutting and watering. It should be an immediate cover, and sod is recommended in areas of the country in which it will grow. Various grasses, for drier areas, will be planted in groupings for an effect. (F) Flower beds are encouraged and shall be planted in acceptable areas of the country to create color, texture and interest at the discretion of the landscape architect. (iv) Landscape Accent Material. (A) Site furnishings such as benches, waste receptacles, tables, etc. will be in character with the building architecture and the surrounding landscaping. (B) Paving materials for paths, patios, etc. are recommended to be of porous nature when installed, such as patio bricks, interlocking pavers or concrete stepping stones. (C) Mulch materials will be of small size gravel, shredded bark or other organic material best suited and adapted for the local area. (D) Edging used to separate grass areas from shrubs, ground cover and mulch will be a good quality steel edging, secured with metal stakes. No plastic edging will be accepted. (v) Landscape Definitions. (A) Landscaping — Shall consist of any of the following or combination thereof materials such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees, or other live plant material growth in the area of development. 8 2018_03KNTC Non -live material such as rocks, pebbles, mulches, fences, walls, pavers, benches, irrigation systems and other site amenities would also be included in landscaping. Mounding, berming or grading would be part of landscaping but not necessarily included. (B) Trees — Any self-supporting woody plant which usually produces one main trunk and a more or less distinct and elevated head with many branches. (C) Shrubs — A woody plant that usually remains low and produces shoots or trunks from the base. It is not usually tree -like nor single -stemmed. (D) Vines -- Plants which normally require support to reach mature form. (E) Ground Cover — Plants of various types and low in height, dense growing and used for covering the ground, as in areas where it is difficult to grow grass. 7. Grading and Drainage. Each Parcel shall be graded to provide positive drainage to the retention/detention area (if required) or storm sewer lines that have been sized to receive Parcel discharge. All necessary erosion control methods shall be utilized to avoid siltation onto adjacent properties and into pipelines. Stockpiling of topsoil or excessive material shall be done so as not to interfere with drainage before, during or after construction. Existing drainage areas will not be altered during the grading sequence or after unless accepted by Declarant. Parking lot slopes shall be a minimum one and one-half percent (1.5%) and maximum four percent (4%). All trenches and excavation near or adjacent to existing curbs, sidewalks, and pavement shall be backfilled with trench backfill material. Required density of compaction shall be indicated on the plans. Site Lighting. Poles shall be restricted to twenty-two feet (22') in height, exclusive of base, or as otherwise required by local code. Illumination shall conform to the City of Kalispell lighting standards. Cut-off fixtures (shrouds) shall be installed whenever necessary to avoid spillover to adjacent property. All lighting poles and fixtures and bases installed on the Parcels shall be approved by the Declarant. B. BUILDING CRITERIA Architectural Design, The design of each building should be compatible with and/or complement the Design Guidelines and other peripheral buildings. The design should be a simple 9 2019_03KNTC geometric shape and finished on all sides. It is suggested that each building have a canopied entrance or pedestrian arcade where applicable. No Parcel shall contain more than one (1) building without the consent of Declarant. Without the prior written consent of Declarant to be exercised in its sole discretion, no building on any parcel shall be partitioned or subdivided or leased or occupied for multiple stores or users. The design of each building proposed for each parcel shall be submitted for approval by Declarant prior to construction. This approval is in addition to any governmental regulatory approvals and shall not be withheld. It shall be the Declarant's discretion for approval or modification. Parcel Owner shall submit plans, elevations, site plan, and landscape plans, as well as material selections for review and approval. 2. Materials and Colors. Substantially maintenance -free materials such as brick, architecturally -treated concrete and stucco should be used wherever possible. Materials and colors should be compatible with those defined in the Design Guidelines. Use of exterior colors shall be in good taste and in character with the remaining development. Color should be an aesthetic consideration combined with the building form, proportions and materials. 3. Screening. All mechanical and/or electrical units, roof -top or ground mounted, will be screened with the same material used on the building facade. Whenever possible, the exterior building walls will be extended to accomplish same. 4. Delivery,• Trash. Loading docks and refuse areas are to be located on the least visible side of the building and screened as called for above. Outside storage is specifically prohibited. Whenever possible, refuse areas should be accommodated inside the building. S. Orientation. All buildings shall be subject to the following set -back requirements in addition to those contained in local zoning ordinances and building codes. In no case will a building be located closer than fifteen feet (15'0") to an adjoining property line or twenty-five feet (25'0") to a property line on a public or private roadway. Set -back requirements may be affected by the public or private characterization of adjacent roadways and access roads. 6. Aesthetics. Exterior exposed fire escapes, exposed service stairs or ladders, radio or television towers and antennae or satellite receivers are not permitted, except that one (1) satellite dish not exceeding two feet (2") in diameter shall be permitted. 10 2018_03 KNTC 7. Utilities. All utilities are to be underground with no exterior visible connections to Out Parcel facilities, except for required meters or transformers. Meters and transformers shall be screened. 8. Height. No building(s) along the first parcels bordering Highway 93 or other improvements erected upon Parcels shall be more than two (2) story above grade or exceed thirty-five (35') feet in height, all other parcels shall not exceed four (4) stories or exceed fifty feet (50') for all other parcels, measured from the fmished floor elevation to the top of the highest building protrusion, including, without limitation, roof -mounted equipment, decorative roof screening and other such appurtenances, but excluding in each instance decorative architectural features such as but not limited to a spire, clock tower, or cupola. C. SIGN CRITERIA General Requirements and Prohibitions. (a) The following criteria shall apply to all exterior signs or insignia placed or installed on the buildings or improvements thereon. Where these criteria are more stringent or restrictive than the applicable ordinances controlling a particular locale, then these criteria shall be controlling. Where these criteria are less stringent or restrictive than the applicable ordinances of a particular locale, then the latter shall control. The Declarant shall have approval of all signage components proposed for individual parcel. (b) No painted lettering, painted symbols or painted identification of any nature shall be allowed. (c) No exposed wiring, conduits, tubing, Iamps, ballast boxes or raceways will be permitted, except that with the prior written consent of Declarant, exposed neon lighting or other lighting tubes may be used in an aesthetically desirable manner as provided in Section 3(f) of this Agreement. (d) All penetrations of the building structure required for sign installation shall be neatly sealed in a watertight condition. (e) No labels will be permitted on the exposed surface of signs, except those required by local ordinances and, if required, shall be in an inconspicuous location. (f) All electrical signs shall bear the U.L. label and shall be connected to the electrical service for the Parcel on which such sign is located. (g) All cabinets, conductors, transformers, ballasts, attachment devices and other equipment shall be concealed. 11 2018_03KNTC (h) No flags or banners shall be installed or permitted on the Out Parcels nor on any improvements constructed thereon, unless approved in writing by Declarant in connection with a grand opening or other special event. In no event shall the period for the display of said flags or banners exceed three (3) weeks for any single occasion. No paper, cloth or cardboard signs shall be permitted. This provision shall not prohibit the erection of flagpoles to display national, state or corporate flags on the Parcels. (i) No portable signs shall be permitted 2. Freestanding Signs. Freestanding Signs shall be in accordance with the City of Kalispell Sign Code Conditions per Ordinance 1630 as applicable to the PUD and be subject to Developer review for compliance with these covenants. (a) All freestanding signs shall be of a monument type in a planter setting, uniform in design and setback. The location of all monument signs must be approved by Developer. (b) A planter area of five (5) square feet for each six (6) square feet of sign area, including both sides, shall be required at the base of the sign. Landscaping and planter shall not be measured as a part of the freestanding sign for the purpose of meeting horizontal and vertical size requirements. All landscaped areas shall be maintained to minimum standards set forth in this Agreement. (c) Only one (1) freestanding sign shall be allowed per Parcel. Declarant will consider two on coiner lots on a case by case basis. Said sign may be doubled -faced. The display area shall not exceed eighty (80) square feet per face. (d) All freestanding signs shall be of permanent construction and shall be subject to the provisions of the building code of the locale in which it is located. (e) Freestanding signs may be internally illuminated or backlighted. Illumination shall be turned off within one (1) hour of closing and turned on within one (1) hour of opening. (f) Such freestanding sign shall contain only the name or trademark of the business, building or building complex which it identifies and shall not contain change panels, advertising or names of individual tenants; provided, however, with the written consent of Declarant, a bank may have an electronic reader strip as an element of its sign. No graphic logos will be allowed. (g) For multiple user facilities such as office buildings, site identification signage includes additional variables that must be considered. Conceptual designs for freestanding signs serving these types of facilities shall be submitted to Declarant early in the project development stage to allow ample time for revisions and resubmittal. 12 2018_o3KNTC 3. Building -Mounted Wall Signs. Building -Mounted Wall Signs shall be designed in accordance with the current City of Kalispell Sign Code Area Allowances using the building frontage method or lot length method and be subject to Developer review for compliance with these covenants. Except as approved by Developer: (a) Wall signs shall identify the individual business, building or building complex by name or trademark only. (b) One wall sign per occupant will be allowed for buildings of multiple occupancy. (c) No panel signs will be permitted. Wall signs shall consist of three- dimensional individual characters mounted in relief upon the face of the building. Such signs shall be back -lighted so as to appear in silhouette or internally lighted. (d) Exposed neon shall be subject to Declarant's prior written approval. Exposed neon letters may be allowed if the neon tubing is designed to highlight flat letters of the same in a broader stroke. The flat letters may be painted or some other appropriate material applied to the background field. Colors must be chosen with highlighting of the letters as the major consideration. (e) No building -mounted wall sign, nor any portion thereof, may project above the parapet wall or top of the exterior wall or building facade upon which it is mounted. (f) There shall be no rooftop or penthouse signs of any kind. (g) No signs perpendicular to the face of the building or its facade will be permitted. 4. Traffic Directional Signs. Parcel owners shall be permitted to install signs designed and located solely for the purpose of relieving traffic congestion and promoting the smooth flow of traffic. Such signs shall contain no advertising or identification copy of any sort and should conform to the design of the building and site signage. 5. Prohibited Signs/Pylon Si rgns. (a) No flashing, smoking, moving, audible signs or rooftop signs are permitted, except that with the prior written consent of Declarant, a bank or other financial institution may install a time/temperature sign. (b) No freestanding pylon signs shall be permitted, except for traffic and directional signs. 13 2018 _03KNTC D. CONSTRUCTION 1. A written schedule of construction and project events is required to be fled with Declarant seven (7) working days in advance of construction start so that field personnel may be notified. Before starting any operations on site, the Parcel owner's contractor must supply Declarant's personnel on site with the name and phone number of the field superintendent and copies of all required permits. Declarant will issue written verification upon receipt of this information at which time the contractor may commence his activities. The Parcel owner's contractor shall be liable for any damage caused to the facilities of the Project or adjacent property owners and shall immediately repair any such damage. 2. Use of the Project easements, access and interior roads and parking areas is prohibited unless prior permission is granted. A request for use of roads should be made a minimum of two (2) working days in advance of the intended use. 3. Construction hazard areas of and around the site must be clearly marked and barricaded from non -construction pedestrian and vehicular traffic. 4. Temporary structures, signs, barricades, and construction equipment must be clean, neat and uniform in appearance, maintained regularly and removed immediately when their use is no longer required. 5. Signage at the construction site shall be limited to the necessary hazard, warning and directional information. A development sign may be allowed but must conform to the criteria for temporary signs. Separate contractor, architect or other advertising Signage is not allowed. 6. Construction materials, equipment, temporary shelters, signs and operations are to be confined to the project site for the sole purpose of the project's construction and shall not present a hazard or infringe on any adjoining developments, operations, easements or rights -of -way. 7. Any on -site construction dirt and debris must be stored and screened from view or removed from the premises, all on a daily basis. Construction dirt and debris are not allowed to accumulate on any adjoining roads, parking areas, walks or other property and shall be broom cleaned immediately. 8. Once Parcel development has begun, construction should be diligently pursued to its finish. No structure, facility or Parcel improvement is to be left incomplete. All construction shall be completed within a reasonable construction time period. 9. All required permits must be clearly posted. 10. Copies of all construction change orders are required to be fled with Declarant 14 2018_03KNTC 11. Declarant must be notified of any planned interruption to any utility service (water, gas, electric, etc.) seven (7) days in advance. Declarant must be notified immediately of any accidental interruption to any utility service. E. MAINTENANCE 1. Each Parcel owner shall, at all times, at its sole cost and expense, keep its Parcel, including all improvements thereon, in a well -maintained, safe, clean and attractive condition, such maintenance includes, but is not limited to, the following: (a) Prompt removal of all litter, trash, refuse, wastes, snow and ice. (b) Keeping all landscaping alive, weed -free and attractive. (c) Keeping exterior lighting and mechanical facilities in working order. (d) Keeping parking areas, driveways, and roads in good repair. (e) Complying with all government health and safety requirements. (f) Striping of parking areas and repainting of improvements. (g) Repair of exterior damage to improvements. (h) Maintenance of utility lines. 2. Enforcement. If any Parcel owner fails to maintain its Parcel in accordance with the foregoing in such manner as may be deemed necessary by Declarant to preserve and protect the value and attractive appearance of the Parcel, then Declarant may give such Parcel owner written notice of the work or repair required to be carried out or undertaken and diligently pursued within thirty (30) days from the date of such notice. Should such Parcel owner fail to carry out such maintenance and repair, then Declarant, through its authorized agent or agents, shall have the right and power to enter onto such Parcel and perform such care and maintenance without any liability for damages for wrongful entry, trespass or otherwise to Parcel owner. The Parcel owners of any part of the property on which such work is performed shall be jointly and severally liable for the cost of such work and shall promptly reimburse Declarant for such cost. F. USE RESTRICTIONS The Parcels shall only be used for commercial, retail (including without limitation restaurants), service, banking and financial institutions, professional and office, and no use or operation shall be permitted which is incompatible with a first-class commercial development, including, but not limited to, the prohibited uses set forth on Exhibit "D" attached hereto and incorporated herein. 15 2018_03KNTC G. SUBDIVISION/RE-ASSEMBLY Declarant (but not any purchaser of any Parcel) shall have the right to combine two (2) or more Parcels into a single Parcel, to subdivide the Parcels into two (2) or more Parcels, and/or to relocate common boundary lines between Parcels, provided, however, that the prior written consent of the Benefitted Parties shall be required for any of the foregoing matters which (i) will result in the combination of more than two Parcels or (ii) will result in the creation of any single Parcel lot in excess of forty thousand (40,000) square feet or more. Each of such reconfigured Parcels shall constitute a separate Parcel hereunder and shall be subject to all of the terms and restrictions of this Agreement. H. BENEFITS OF RESTRICTIONS The restrictions contained herein shall be effective as of the date hereof, shall run with the land burdened thereby, shall be binding upon all owners and occupants thereof, or any part thereof and improvements thereon, and their respective successors and assigns, shall constitute encumbrances on the Parcels, and shall inure to the benefit of Declarant and its designee and the Benifitted Parties, as hereinafter defined, and their respective tracts. The Benifitted Parties are the fee simple owners of the Kalispell North Town Center Tract (as shown. on Exhibit C) and their successors and assigns who are owners of fee simple title to such tract if expressly conveyed this right by declarant by future subdivision of Kalispell North Town Center property by declarant. The restrictions created herein shall terminate and expire on the later of (i) January 31, 2092, or (ii) the termination or expiration of the Construction, Operation and Reciprocal Easement Agreement by and between Declarant, and dated of even date herewith. The restrictions set forth herein shall not bind any other property of Declarant. I. NO THIRD PARTY BENEFICIARIES The restrictions created herein are for the sole benefit of Declarant and the Benefitted Parties and are not intended and shall not be construed to dedicate any easements to or create any rights in favor of any person, entity or the general public. J. AMENDMENT This Agreement may be amended by the written agreement of Declarant, or its designee, and the Benefited Parties without the joinder of any other person or entity, notwithstanding the fact that Declarant may sell the Parcels to third parties; provided, however, such amendments shall be effective only as to such of the Parcels as are owned by Declarant at the time of recording of such amendment. Declarant reserves the right (notwithstanding the fact that Declarant may sell Parcels to third parties or that Declarant no longer owns any Parcels) to grant variances in writing with respect to this Agreement or any amendment hereto as to a particular Parcel without the joinder of any other person or entity except that the written consent of the Benefited Parties shall be required with respect to a change in (1) the use of an parcel to a use which would violate this Agreement (2) the height of any buildings or other improvement on an parcel which 16 201 S_03 KNTC would violate this Agreement (3) a parking ratio on an parcel which would violate this Agreement or (4) a variance from any of the provisions of Paragraph C regarding sign criteria. Any designee of Declarant shall be designated by written instrument executed by Declarant which states that the designation is made pursuant to this Agreement and which is recorded in the Recorder's Office of Flathead County, Montana. K. SEVERABILITY If any term, covenant or restriction herein shall be invalid or unenforceable, the remainder shall not be affected thereby, and each term, covenant and restriction shall be valid and enforceable to the fullest extent permitted by law. L. ENFORCEMENT In the event of a violation or an attempted violation of the foregoing restrictions, Declarant, or its designees may prosecute any proceedings at law or in equity to enjoin such violation and to recover damages for such violation, including reasonable attorney's fees. If Declarant elects not to prosecute any violation, then any of the Benefitted Parties may do so following fifteen (1 S) days prior notice to Declarant of said intention to prosecute the violation or attempted violation. [SIGNATURES ON FOLLOWING PAGE] 17 2018_03 KNTC IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. STILLWAT R CORP N, B y: N e: Title: _} STATE OF MONTANA COUNTY OF FLATHEAD Before me, �`.254 , a Notary Public in and for said State -and County aforesaid, duly commissioned and qualified, personally appeared` C'larri• , with whom I am personally acquainted (or proved to me on the p is of satisfactory evide ce), and who, upon oath, acknowledged himself to be the of STILLWATER CORPORATION, the within -named bargainor, a corporation, and that he, as such being duly authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the limited liability company by himself as such WITNESS my hand and seal at office on this the a1r-4 day of 2018 My ommission Expires: a 2018 02KNTC Not' I'ubl� 00 r AMBER GGULET NOTARY PUBLIC for the �a� SEAL S + , _ :� "t Montana RcsldiagFos, montane �( My Coflnais.,a,l ExPir" OF: 1 March 12, 2019 I: EXHIBIT "A" PARCELS Legal Descriptions Phases 1 & 2 Kalispell North Town Center 2018 02KNTC 1 PIONEERING ENVIRONMENTS Kalispell North Town Center — Phase 1 Property Description A tract of land located in the northwest quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the northwest corner of said Section 30, Township 29 North, Range 21 West, P.M.,M., City of Kalispell, Flathead County, Montana; thence S38°34'11"E, 111.48 feet to a point on the east boundary of U.S. Highway 93 right-of-way and the POINT OF BEGINNING; thence EAST, 1129.94 feet; thence SOUTH, 340.77 feet; thence WEST, 256.08 feet to the beginning of a 430.00 foot radius curve to the left; thence along said curve 382.54 feet through an angle of 50°58'20"; thence WEST, 436.73 feet; thence SOUTH, 680.11 feet; thence N83027'28"W, 77.25 feet; thence N89048'47"W, 30.09 feet to a point on the east boundary of U.S. Highway 93 right-of- way; thence along said east boundary through the following five courses: 1) N00011'11 "E, 97.32 feet; 2) N14'12'33"E, 61.91 feet; 3) N00°11'06"E, 940.00 feet; 4) N13°54'44"W, 61.80 feet; 5) N00°14'37"E, 13.90 feet to the POINT OF BEGINNING, said tract contains 12.486 acres, all as shown hereon, and A tract of land located in the northwest quarter and southwest quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the west quarter corner of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence N88056'08"E 1338.89 feet to the POINT OF BEGINNING; thence N89'36'32"E 333.62 feet; thence SO°23'28"E 723.10 feet; thence S89°36'32"W 333.60 feet; thence N0023'35"W 723.10 feet to the POINT OF BEGINNING, said tract contains 5.538 acres, all as shown hereon. Subject to and together with easements as shown. Subject to and together with easements of record. 1a1hc_kntcldocsl6 final plat suhmittaiVkntc_final plat phase 2 working docslccrsMlftntc phase - 1 property description A= http',//www.ctagroup_com E-mail: info@ctagroup,corn KALISPELL NORTH TOWN CENTER - PHASE I I LEGAL DESCRIPTION A tract of land located in the south half of Section 19, and the north half of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the northwest corner of said Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the north line of said Section 30, S89°41'21 "E, 69.85 feet to a point on the east boundary of U.S. Highway 93 right-of-way and the POINT OF BEGINNING; thence continuing along the north line of said Section 30, S89°41'21 "E, 1237.79 feet to the west sixteenth corner common to said Sections 19 and 30; thence along the sixteenth line of said Section 19, N00°33'20"W, 524.92 feet, thence leaving said sixteenth line, S89059'34"E, 562.05 feet; thence N00°00'11"E, 35.10 feet; thence S89'59'49"E, 60.00 feet; thence S00'00'11"W, 555.00 feet; thence S44°59'55"E 7.07 feet; thence EAST 275.88 feet to the beginning of a 1040.00 foot radius curve to the right; thence along said curve 223.72 feet through an angle of 12°19'30"; thence S77040'30"E, 144.74 feet to the beginning of a 1360.00 foot radius curve to the left; thence along said curve 621.28 feet through an angle of 26°10'27"; thence N76009'04"E, 150.75 feet, to the beginning of a 1040.00 foot radius curve to the right; thence along said cure 251.33 feet through an angle of 13°50'46"; thence N89°59'50"E 1706.09 feet to a point on the east line of said Section 19; thence along said east line, S00°37'29"E, 41.97 feet to the southeast corner of said Section 19; thence along the south line of said Section 19, said south line also being the north line of Tract B of Certificate of Survey No. 20570, on file in the office of the Clerk and Recorder, N89°40'24"W 687.79 feet to the northwest corner of said Tract B; thence along the west line of said Tract B, S00'12'33"E 41.98 feet; thence S89°59'50"W, 1018.92 feet to the beginning of a 960.00 foot radius curve to the left; thence along said cure 231.99 feet through an angle of 13°50'46"; thence S76'09'04"W, 150.75 feet to the beginning of a 1440.00 foot radius curve to the right; thence along said curve 657.83 feet through an angle of 26°10'27"; thence N77°40'30"W, 144.74 feet to the beginning of a 960.00 foot radius cure to the left; thence along said curve 206.51 feet through an angle of 12'19'30"; thence WEST 265.89 feet; thence S45°00'05", 7.07 feet; thence S00000'11"W, 1235.11 feet; thence WEST 1763.36 feet; thence S83021'33"W, 65.88 feet; thence N89'48'47"W, 40.18 feet to a point on the east line of U.S. Highway 93 right-of-way; thence along said east line N00°11'11 "E, 76.39 feet; thence leaving said east line and along the south and east lines of Lot 2, Block 1 of the plat of Kalispell North Town Center - Phase 1, on file in the office of the Clerk and Recorder, for the following three courses: 1) S89"48'47"E, 30.09 feet; 2) S83027'28"E, 77.25 feet; 3) NORTH 680.10 feet to the southwest corner of Lot 1, Block 1 of said plat of Kalispell North Town Center - Phase 1; thence along the southerly, easterly and northerly lines of said Lot 1 for the following five courses: 1) EAST 436.73 feet to the beginning of a non -tangent cure to the right, said cure having a radial bearing of S50058'21 "E and a radius of 430.00 feet; 2) along said cure for a distance of 382.54 feet, through an angle of 50°58'20"; 3) EAST 256.08 feet; 4) NORTH 340.77 feet; 5) WEST 1026.85 feet to the northeast corner of said Lot 2; thence along the north line of said Lot 2, WEST 103.09 feet to a point on the east line of said U.S. Highway 93 right-of-way; thence along said east line NOQ°14'37"E 86.78 feet to the POINT OF BEGINNING. Said Tract contains 56.926 acres. EXHIBIT "B" PROJECT Final flat Phases 1 & 2 Kalispell North Town Center 2018_02KNTC SUBDIVISION PLAT OF KALISPELL NORTH TOWN CENTER - PHASE I BEING A SUBDIVISION OF PORTIONS OFTHE NWI/4 AND TH E SWIM OF SECTION 30, T19 N., R.21 W- P.M�,M., C= (IF KALISPELL, CO UNTY OF FLATHEAD, STATE OF M011— . .... ... -14 Gwoc W= EqDSI sl eA VICINrKIAP �-S-RVEY N 0 z �o 1 OF 1 ��a. s�,.,m,.,,..w•�.rR..�ew,,,m. SUBDIVISION PLAT OF KALISPELL NORTH TOWN CENTER - PHASE 2 w BEING A SUBDIVISION OF PORTIONS OF TI LE SW IW AND SE IN DF SECTION I9 AND TIFF NW 114 AND NE IA OF SECTION 30, `t T 9 N R I W.. P M M CITY OF KALISPELL, COUNTY OF FLATHEAD, STATE OF MONTANA GMPH[c S=eF% ....,.....gym 1 '-.. .....,ww......... IFS_ �Rr li f t, I ' 19� H _ . 0c=® 0�0 ®Cm, i • a r � - VICTNITY MAP M5 su�v 1 OF 11 EXHIBIT "C" Legal Description of Kalispell North. Town Center PUD gal s_02KNTC Exterior Boundary of Parcels 1 through 1i As Detailed in Commitment For Title Insurance Issued by: Chicago Title Insurance Company Order Dumber. CG-46420 Effective Date: Mardi 14, 2007 at 5:00 AM. A tract of land located In Sections 19 & 30, Township 29 North, Mange 21 West, P.M.,M., Flathead County, Montana, more Particularly described as follows: Beginning at the northwest comer of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the north line of said Section 30, North 89040'28" West, 687.81 feet to the northwest comer of that parcel described in Document No. 20D436509500, records of Flathead County, Montana; thence along the west line of said parcel, and continuing along the west line or that parcel described in Document No. 700221914230, records of Flathead County, Montana, South 00°12'44" East 1324.27 feet to the southwest comer of the first above described parcel and the north line of the Southeast Quarter of the Northeast Quarter or the above said Section 30; thence along the south line of said parcel and the north Iine of said aliquot part, South 89042'14" East 687.92 feet to the northeast comer of the Southeast Quarter of the Northeast Quarter ersald Section 30; thence along the east Iine of said aliquet part, South D0013'02" East 1323.95 feet to the southeast corner thereof; thence along the south line of said aliquot part, North 89042'18" West 30.0D feet to the westerly right-of-way line of Whitefish Stage Read, a sixty foot wide Declared County Road; thence along said westerly right-of-way line of said Whitefish Stage Road, North 00013'02" West 1032.35 feet to the northeast comer of that parcel described In Document No. 9019816340, records of Flathead County, Montana; thence along the north line of said parcel, South 89"07'19" West 726.99 feet to the northwest comer of said parcel; thence along the west line of said parcel, South 00°12'59" East 1017.47 feet to the south line of the above -said Southeast Quarter of the Northeast Quarter of Section 30; thence along the south line of said aliquot part, North 8904T18" West 567.43 feet to the southeast comer or the Southwest Quarter of the Northeast Quarter of the above-sald Section 30; thence along the south line of said aliquot part, North 89,341,29" West 993.26 feet to the northwest comer of that parcel described In Document No. 9407612280, records of Flathead County, Montana; thence along the west fine or said parcel, South 000IT21" East 1324.29 feet to the northwest comer of that parcel described in Document No. 8430608100, records of Flathead County, Montana; thence along the west line of said parcel, South 001115121" East 1294.33 feet to a point on the northerly right-of-way line or West Reserve Drive (Montana Highway Project No. RS 548-1(2)4); thence along said right- of-way line of said West Reserve Drive, North 69044'17" West 330.86 feet to a point on the west Iine of the Southwest Quarter of the Southeast Quarter of the above -said Section 30; thence along said west Iine of said aliquot park, North { 00°15'40" West 694.72 feet to the northeast comer of that parcel described In Document No. 200119710190, records of Flathead County, Montana; thence along the north line of said parcel, North 89144'43" West 1383.36 feet to the approximate thread of the Stillwater River; thence along said thread of said Stillwater River, the following ten (10) courses: North 51043'38" West 36,49 feet; North 75013'30" West 65.45 feet; south 50042'04 West 291.30 feet; South 75"30'07" West 128.45 feet; North 5511321341 West 100.35 feet; North 011107'27" East 92.74 feet; North 4S020143" East 191.54 feet; North 14148'53" East 122.29 feet; North 12011'01" West 142.46 feet; and North 221122'01" West 265.55 feet, more or less, to the north boundary of Government Lot 4 of the above -said Section 30; thence along said north boundary ❑f said Government Lot 4, South 89043'03" East a distance of 530.65 feet to the southwest comer of the Northeast Quarter of the Southwest Quarter of said Section 30; thence along the west line of said aliquot part, North 00123'28" West a distance of 1325.29 feet to the southeast comer of Government Lot 2 of said Section 30, thence along the south Iine of said Government Lot 2, North 89042'28" West 933.90 feet to the southeast comer of that parcel described In Document No. 200323114280, records of Flathead County, Montana; thence along the south line of said parcel, North 89042'28" West 319.63 feet to the easterly right-of-way line of U.S. Highway No. 93 (Highway Project F5-3(32)115); thence along said easterly right-of-way line of said highway the following four courses, North 04029'58" East 189.11 feet; North 00011'13" East340.08 feet; North 04034'11" West 60.20 feet; and North 00°11'13" East 11.62 feet to a point on the south line of that parcel described in Document No. 9000316200, records of Flathead County, Montana; thence continuing along the easterly right-oF way of said U.S. Highway 93 the following three courses: North 00011'13" East 28.38 Net, North 13036'03" West 41.31 feet, and North 00111'13" East 591.75 feet to the northwest comer of the first above said parcel; thence continuing along said easterly boundary of said highway right-oF way, North 00011'13" East 64.13 feet to the south line of Government Lot 1 of the above said Section 30; thence continuing In said Government Lot 1, through five courses along the above said east boundary of U.S. Highway 93 right- of-way: North 001111'13" East 164.00 feet; North 141113'23" East 61.85 feet; North 04'11'01" East 940.05 feet; North 13,56'35" West 61.89 feet; and North 00°10'44" East 100.60 feet to a point on the north line of the above said Government Lot 1; thence along said north line of said Government Lot 1, South 89"41'25" East 1237.84 feet to the southeast corner of that parcel shown as Tract 6 on Certifcate or Survey No. 4491, Records of Flathead County, Montana; thence continuing In Section 19, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana and along the east line of said Tract b, North 00"33'31" West 660.25 feet to the southeast comer of that parcel shown as Tract 5 on the above -said Certificate of Survey No. 4491; thence along the east line of said Tract 5, North 00033'31" West 660.25 feet to the southwest comer of that parcel shown as Tract B on the above-sald Certificate of Survey No. 4191; thence along the south line OF said Tract f 8, South 89"46'02" East 1327.80 feet to a point on the west Ilne of the Southwest Quarter of the Southeast Quarter of said Section 19; thence along said west line of said aliquot part, North 00034'07" West 5.45 feet to a point or the north line of safd allquot part; thence along the north line of said aliquot part, and along the south line of that tract of land shown on Certificate of survey No. 3813, records of Flathead county, Montana, South 89'53'06" East 1377.15 feet to the west line of that parcel described In Document No. 9116514510, records of Flathead County, Montana; thence along said west line of said parcel, South 00012'54" West, 34.20 feet to the southwest comer thereof; thence along the south line of said parcel and continuing along the south line of that parcel described in Document No. 200221414500, records of Flathead County, Montana, South 8915249" East, 1272.60 Feet to the east line of the Southeast Quarter of the Southeast Quarter of the above said Section 19, thence along the east line of said aliquot part, South 0003731" East 1303.19 feet to the Point of Beginning. The exterior boundary surrounding Tracts 1 through 11, as described above, encompasses 485.461 acres of land. SUBJECT TO those exceptions shown on Commitment For Title Insurance, issued by Chicago Title Insurance Company, order number CG-46420, effective date: March 1 EXHIBIT "D" USE RESTRICTIONS I . Environmental remediation facility; 2. Exterminating service; 3. Butane distribution; 4. Exterminating and fumigating warehouse, 5. Bulk storage of gasoline or fuel oil tanks. 6. Bulk storage of paint and varnish (except as incidental to retail sales); 7. Petroleum products packaging and storage (except as incidental to retail sales); 8. Adult book store or adult novelty store (meaning a store primarily engaged in the sale, rental, distribution or display of pornographic, lewd, sexually explicit or so-called adult materials and not a general interest bookstore such as Barnes & Noble or B.Dalton or a full -line video store such as Blockbuster Video, Video Update or Hollywood Video); 9. Adult theater or so-called "gentlemen's club" featuring nude, topless or scantily clad men or women; 10. Day labor hiring hall; 11. Pawn shop; 12. Religious mission, including a charity dining hall; 13. Commercial loading of small arms or manufacture of ammunition; 14. Rock quarrying, sand and gravel or other mineral extraction; 15. Any assembling, manufacturing, distilling, refining, smelting, agriculture or mining operation; 16. Transit terminal (except to the extent required by government authorities having jurisdiction); 17. Propane sales (except as incidental to other retail sales or service); 18. Drive-in movie theater; 19. Tattoo establishment; 20. Body -piercing establishment; 21. A second-hand store, thrift store, swap shop, liquidation outlet or used clothing store, including any business that regularly sells merchandise referred to as 'odd lot", "cancellation", "second", "factory reject", "sample", "floor model", "floor demonstrator", 201$_02KNTC "obsolescent", "distress", "salvage" or "damaged", but this shall not prohibit the operation of a typical Ross or T.J. Maxx store or comparable store; 22. An auditorium or other general place of assembly; 23. Concrete or cement products manufacturing; 24. Plating or polishing shop (except as incidental to a jewelry store); 25. Plating works or electric plating (except as incidental to a jewelry store); 26. Foster home or group foster home; 27. Farm devoted to hatching, raising, breeding and marketing of chickens, turkeys or other foul, rabbits, fur -bearing animals or fish; 28. Feeder lot for horses, cattle, goats or sheep; 29. Farm; 30. Bail bond company; 31. Cannery, slaughter house or meat processing or packaging plant; 32. Cesspool service, 33. Flour or grain elevator; 34. Outdoor hay and straw storage; 35. Massage establishment (except for massage services offered by a health club, fitness center, day spa beauty salon, beauty parlor, barber shop, nurse or chiropractor); 36. Repair and rewinding of transformers or generators; 37. Outdoor paving materials storage; 38. Welding shop; 39. Wrecking yard or junkyard; 40. Shelter or dormitory intended to provide temporary shelter; 41. Residential uses; 42. Carnival; 43. Dumping or disposal of garbage or refuse (except as may be incidental to an otherwise permitted use); 44. Flea market; 45. Booths for the sale of fireworks; 46. Rehabilitation or treatment center for physical, mental or substance abuse; 47. A cemetery, crematorium, funeral home, funeral parlor, or facility for the sale of caskets; 2018 02KNTC 48. A so-called "head shop" or facility for the sale, rental, distribution or display of drug paraphernalia such as roach clips, bongs, water pipes, coke spoons, cigarette wrapping papers, pipes and/or syringes; 49. The sale, rental or storage mobile homes (but this shall not prohibit the promotional display of motor vehicles (but not mobile homes) in the common areas); 50. Churches, temples or other houses of religious worship; 51. The conduct of any auction, loss of lease, fire, bankruptcy or going out of business sale; 52. A school, including the operation of a pre-school or day care center; 53. Any business which operates on a part-time basis for only a portion of the week or month; 54. Any outdoor sales or display of merchandise, other than ancillary to the operation of a business conducted on the Parcel and which is approved by Declarant; 55. Or any other business which creates strong, unusual, obnoxious or offensive odors, fumes, dust, dirt, fly ash or vapors, is a public or private nuisance, emits noise or sounds which are objectionable due to intermittence, beat, frequency, shrillness or loudness, creates any unusual fire, explosion or other damaging or dangerous hazard (including the storage, display or sale of explosives or fireworks). 2018_02KNTC KNTC Project No, Storm Water Maintenance Manual LHC KNTC APPENDIX 2 Maintenance Tasks CTA Architects Engineers POND MAINTENANCE Maintenance Inspections Maintenance of ED ponds is driven by annual inspections that evaluate the condition and performance of the facility (see Table below). Based on inspection results, specific maintenance tasks will be triggered. Common Maintenance Issues Ponds are prone to a high clogging risk at the low flow orifice. These aspects of pond plumbing should be inspected at least twice a year after initial construction. The constantly changing water levels in ponds make it difficult to mow or manage vegetative growth. The bottom of ponds often become soggy, and water -loving trees such as willows may take over. The maintenance plan should clearly outline how vegetation in the pond and its buffer will be managed or harvested in the future. Periodic mowing of the stormwater buffer is only required along maintenance rights - of -way and the embankment. The remaining buffer can be managed as a meadow (mowing every other year) or forest. The maintenance plan should schedule a shoreline cleanup at least once a year to remove trash and floatables that tend to accumulate in the forebay and on the bottom of ponds. Frequent sediment removal from the forebay or sump area is essential to maintain the function and performance of a pond. Maintenance plans should schedule cleanouts every 5-7 years, or when inspections indicate that 50% of forebay or smp area capacity has been lost. Suggested Annual Maintenance Inspection Activity Measure sediment accumulation levels in forebay. Monitor the growth of wetlands, trees and shrubs planted. Record species and approximate coverage, and note presence of any invasive plant species. Inspect the condition of stormwater inlets to the pond for material damage, erosion or undercutting. Inspect upstream and downstream banks for evidence of sloughing, animal burrows, boggy areas, woody growth or gully erosion that may undermine embankment integrity. Inspect pond outfall channel for erosion, undercutting, rip -rap displacement, woody growth, etc. Inspect condition of principal spillway and riser for evidence of spalling, joint failure, leakage, corrosion, etc. Inspect condition of all trash racks, reverse sloped pipes or flashboard risers for evidence of clogging, leakage, debris accumulation, etc. Inspect maintenance access to ensure it is free of woody vegetation and check to see whether valves, manholes or locks can be opened and operated. Inspect internal and external pond side slopes for evidence of sparse vegetative cover, erosion or slumping, and repaired immediately. Note: For a more detailed maintenance inspection checklist, see Appendix B in CWP(2004) Stormwater Pond and Wetland Maintenance Guidebook. ACtivity I Schedule Inspect maintenance access to ensure it is free of woody vegetation and check to see whether valves, manholes or lochs can be opened and operated. Inspect internal and external pond side slopes for evidence of sparse vegetative cover, erosion, or slumping, and repair immediately. INFILTRATION MAINTENANCE Maintenance Inspections Annual site inspections are critical to the performance and longevity of infiltration practices, particularly for small-scale and conventional infiltration practices. Maintenance of infiltration practices is driven by annual inspections that evaluate the condition and performance of the practice (see Table below). Ongoing Maintenance Effective long-term operation of infiltration practices requires a dedicated and routine maintenance inspection schedule with clear guidelines and schedules, as shown in the Table below. Where possible, facility maintenance should be integrated into routine landscaping maintenance tasks. Annual Maintenance Inspection Activity Observe WQV infiltration ponds after precipitation. If standing water is still observed in the well after three days, this is a clear sign that clogging is a problem. Check inlets, pretreatment cells and any flow diversion structures for sediment buildup and structural damage. Note if any sediment needs to be removed. Evaluate the vegetative quality of the vegetation and do spot reseeding if cover is less than 90%. Maintenance Activity Activities Schedule • Mow grass filter strips as necessary and rernove clippings. As needed • Ensure that contributing area and inlets are clear of debris. Quarterly • Ensure that the contributing area is stabilized. • Repair undercut and eroded areas at inflow and outflow structures. • Check WQV pond depth following 3 days of dry weather Serni-annual Inspection after a precipitation event. Failure to percolate within this time period indicates clogging. • Inspect pretreatment devices and diversion structures for sediment build-up and structural damage. • CIean out accumulated sediments from the WQV pond. Annually DRY SWALE MAINTENANCE Maintenance Inspections Inspections are used to trigger maintenance operations such as sediment removal, spot revegetation and inlet stabilization. Several key maintenance inspection points are detailed in the Table below. Ideally, inspections should be conducted in the spring of each year. Suggested Spring Maintenance Inspections/Cleanups for Dry Swales Activi Add reinforcement planting to maintain 95% turf cover on vegetation density. Reseed any salt killed vegetation. Remove any accumulated sand or sediment deposits on the filter bed surface or in pretreatment cells. Check inflow points for clogging and remove any sediment. Inspect side slopes and grass filter strips for evidence of any rill or gully erosion and repair. Look for any bare soil or sediment sources in the contributing drainage area and stabilize. Routine Maintenance and Operation Once established, dry swales have minimal maintenance needs outside of the spring clean up, regular mowing and pruning and management of trees and shrubs. The surface of the filter bed can become clogged with fine sediment over time, but this can be alleviated through core aeration or deep tilling of the filter bed. Additional effort may be needed to repair check dams, stabilize inlet point and remove deposited sediment from pretreatment cells. KNTC Project No. Storm Water Maintenance Manual LHC KNTC APPENDIX 3 Facility Inspection Checklist CTA Architects Engineers FACILITY INSPECTION CHECKLIST Stormwater Management Facility Inspection and Maintenance Log Property Address: Inspection Date: Inspection Time: Inspected By: Date and Time of Last Rainfall: Type of Stonnwater Management Facility: Location of Facility on Site (in relation to buildings or other structures): Dry Swale Identify areas with less than 95% vegetative cover or salt killed vegetation: Dry Swale Identify areas of sediment accumulation: Dry Swale Check inflow points for clogging: Dry Swale Inspect side slopes and grass filter strips for evidence of any rill or gully erosion: Dry Swale Look for any bare soil or sediment sources in the contributing drainage area: Infiltration I Observe WQV infiltration ponds after precipitation. If standing water is still observed in the well after three days, this is a clear sign that clogging is a problem: Infiltration I Check inlets, pretreatment cells and any flow diversion structures for sediment buildup and structural damage. Note if any sediment needs to be removed: Infiltration I Evaluate the vegetative quality of the vegetation and do spot reseeding if cover is less than 90%: Pond Measure sediment accumulation levels in £orebay. Pond Monitor the growth of wetlands, trees and shrubs planted. Record species and approximate coverage, and note presence of any invasive plant species. Pond I Inspect the condition of stormwater inlets to the pond for material damage, erosion or undercutting. Pond Inspect upstream and downstream banks for evidence of sloughing, animal burrows, boggy areas, woody growth or gully erosion that may undemline embankment integrity. Pond Inspect pond outfall channel for erosion, undercutting, rip -rap displacement, woody growth, etc. Pond Inspect condition of principal spillway and riser for evidence of spalling, joint failure, leakage, corrosion, etc. Pond I Inspect condition of all trash racks, reverse sloped pipes or flashboard risers for evidence of clogging, leakage, debris accumulation, etc. Pond I Inspect maintenance access to ensure it is free of woody vegetation and check to see whether valves, manholes or locks can be opened and operated. Pond I Inspect internal and external pond side slopes for evidence of sparse vegetative cover, erosion or slumping, and repaired immediately. Summarize Maintenance Followup from Inspection: KNTC Project No. Storm Water Maintenance Manual LHC KNTC APPENDIX 4 Maintenance Agreement CTA Architects Engineers Kalispell North Town Center Maintenance Agreement Respgnsible Party List the party that shall be permanently responsible for the maintenance of structural or non-structural measures required by the Operation Manual. (e.g. owner, governmental agency, or other legal established entity) KNTC Property Owner's Association Designate personnel for inspection and maintenance: Name: Jeff Claridize Address: PO Box 7338 Kalispell, MT 59904 Contact Phone: 406-758-6420 Cell: 406-212-0030 PallgEU Description List legal description of property: SW4 of Section 19 and the NW4 of Section 30 Township 29N Ranee 21 W, P.M.M., Flathead County See the Final Plat for easements and parcels that will require storm water maintenance. Operation and Maintenance Has the Operation and Maintenance Manual been created? X Yes ❑ No Responsible Party shall ensure the continued performance of the maintenance obligation in accordance with the Operation and Maintenance Manual. Eailirlrj 1:2 Maintain Stormwater Systems If the required maintenance and repairs are not being performed and inhibit the intended function of the stormwater system the City may hire a contractor to perform the required maintenance and bill the HOA, POA, or responsible property owner. In the event the HOA, POA, or responsible property owner fail to perform the required maintenance and repairs to the stormwater facility and inhibit the intended function of the stormwater system, a stormwater maintenance district program may be formed in accordance with §7-12-4102 MCA incorporating all the lots within a development. The taxes levied within the maintenance district shall be determined by the Public Works Department with approval by the Kalispell City Council. By signing the Maintenance Agreement the Responsible Party shall assume full responsibility for the maintenance of the stormwater system. T Signature of Responsi le Party Date