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Staff Report/Final PlatCity of Kalispell Planning Department 17 - 2d Street Fast, Suite 2.11, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 €1'ehsite: kalispellplanning.corn REPORT TO: FROM: SUBJECT Kalispell Mayor and City Council Sean Conrad, Senior Planner James H. Patrick, City Manager Final Plat for Terrace View Estates MEETING DATE: August 7, 2006 BACKGROUND: This is a request for final plat approval of Terrace View Estates, a 3 lot residential subdivision on approximately 8.33 acres. The property is located on the north side of East California Street between 5th Ave. E.N. and 6th Ave. E.N. The property can be described as Tract 23A+ and is located in Section 8, Township 28 North, Range 21 West. The subdivision was given preliminary plat approval by the Kalispell City Council on March 1, 2004 subject to 12 conditions. A Subdivision Improvements Agreement (SIA) in the amount of $4,750.00 has been submitted to secure completion of the remaining improvements which consist of completion of the sidewalk and placing the electrical lines serving the subdivision underground. The letter of credit submitted with the final plat application addresses the 125% of the estimated cost of remaining improvements. The estimated completion date for the remaining items listed in the SIA is October 31, 2007. RECOMMENDATION: A motion to approve the final plat for Terrace View Estates and accept the Subdivision Improvement Agreement would be in order. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully subml", iv�✓✓ i Sean Conrad Senior Planner Report compiled: July 31, 2006 James H. Patrick City Manager Attachments: Letter of transmittal Final plat application and supporting documents Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, Montana 59903 APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this _OU__ day of _ C __.. 2006, by and between the CITY NCIL, CITY OF KALISI ELL, MONTANA, Flathead County, Montana, Party of the First Part and hereinafter referred to as the CITY, and Gardner Investments, LLC, of P.O. Box 958, Kalispell, Montana , 59903, Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSIETH: THAT WHEREAS, the Developer is the owner of a new subdivision known as "TERRACE VIEW ESTATES", located in Section 8, T28N, R21W, PM,M, Flathead County and, WHEREAS, the city has conditioned it's approval of the final plat of "TERRACE VIEW ESTATES", upon the conditions as set forth "TERRACE VIEW ESTATES" 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 or the contractor included herewith as "Exhibit B", and WHEREAS, the estimated total cost of construction of said improvements is the sum of $3,800.00. NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, City of Kalispell, Montana, in the amount of $3,800.00. Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $4,750.00, the estimated cost of completing the required improvements in "TERRACE VIEW ESTATES". b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by OCTOBER 31, 2007. 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City: c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs have been filed with the City; and f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. TERRACE VIEW ESTATES GARDNER INVESTMENT .S.,._kL.0 a STATE OF- M'ONTANA SS COUNTY OF Flathead On this _ day of , 2006, before me, a Notary Public for the State of Montana, personally Ippeared Darvar Gardner and known to me to be a member of Gardner Investments, LLC and whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for said LLC. IN WITNESS WHEREOF, I hav Y. `hto I Se the day and year first above "� en. fmD 1 aF11AL SEAL ___ P.,. — ------ . J a e s H .� B u r to n _._._-------- �— No ary Public for the State of Mont A Residing at Kalispell, Montana OF LJO� My Commission Expires 6/18/2007 MAYOR, CITY OF KALISPELL MAYOR and and affixed my Notarial ATTEST: CITY CLERK EXHIBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED PERCENTAGE APPROPRIATE COMPLETION CONSTRUCTION COMPLETE IMPROVEMENTS DATE COSTS Street Grading/Paving Street Base Sidewalks �p��( t3% a (�00 77 q �+ Curbs and Gutters Sanitary Sewers Mains Other ( } On -Site Sewage Facilities Water Systems Mains Other ( ) On -Site Water Supply Water Storage Tanks Fire Hydrants Storm Sewer or Drainage Facilities Street Signs Street Lighting Street Monuments Survey Monument Boxes Landscaping/Boulevard trees Other (x) Try= K'i &n4 ✓ � trtsit t e�°�'�°�i� o Crrr t1.1-r055 54 rC • SUBTOTAL 5 tts+. FEES TOTALS COST93%0d.O0 TOTAL COLLATERAL (TOTALS COSTS X 125%4) �°� GLACIER A. BANK IRREVOCABLE LETTER OF CREDIT Letter of Credit No. 01-06-291 Dated: August1., 2006 Expiration Date: December 31,, 2007 Amount: $4,750.00 :Kalispell City Council City of Kalispell P. O. Box 1.997 Kalispell, MT 59901 We hereby establish in your favor an irrevocable Letter of Credit up to the aggregate amount of $4,750.00 at the request of Davar Gardner. If Davar Gardner fails to complete the specified improvements in the Terrace View Estates within the time period set forth in the attached Improvements Agreement, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are, required to complete said improvements. All drafts must indicate the number and date of this Letter of Credit and be accompanied by a signed statement of an authorized official that the amount is drawn to install improvements not installed in conformance with. the Improvements Agreement and specifying the default or defect in question. All drafts must be presented prior to the expiration date stated above, and this Letter of Credit must accompany the final draft for payment. This Letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. GLACIERS K .......... Mike Crimmins Vice President llw website: www.glocierbonk.com email: glocier@glacierbank.com MEMBER FDIC AN EQUAL OPPORTUNITY LENDER City of Kalispell Planning Department 17 - 2"' Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispel.lplanning.com July 31, 2006 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Terrace View Estates Dear Jim: This is a request for final plat approval of Terrace View Estates, a 3 lot residential subdivision on. approximately 8.33 acres. The property is located on the north side of East California Street between 5th Ave. E.N. and 6th Ave. E.N. The property can be described as Tract 23A+ and is located in Section 8, Township 28 North, Range 21 "'Nest. The subdivision was given preliminary plat approval by the Kalispell City Council on March 1, 2004 subject to 12 conditions. A Subdivision Improvements Agreement (SIA) in the amount of $4,750.00 has been submitted to secure completion of the remaining improvements which consist of completion of the sidewalk and placing the electrical lines serving the subdivision underground. The letter of credit submitted with the final plat application addresses the 125% of the estimated cost of remaining improvements. The estimated completion date for the remaining items listed in the SIA is October 31, 2007. The preliminary plat was approved with conditions as outlined below. The following is a discussion of compliance with each of these conditions as well as findings of compliance with the city subdivision regulations and zoning ordinance. COMPLUNCE WITH CONDITIONS OF APPROVAL: Condition No. 1. That the final plat for the subdivision shall be in substantial compliance with approved preliminary plat. (Kalispell Subdivision Regulations, Appendix C -- Final Plat) • This condition has been met. The subdivision has been platted in substantial Final Plat for Terrace View Estates July 31, 2006 Page 2 compliance with the approved preliminary plat with the developer electing to reduce the preliminary approved subdivision by one lot. Condition No. 2. That the plans and specifications for all public infrastructure be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. (Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01). • This condition has been met. A letter from Kalispell Public Works Department approving the plans and specifications for the required infrastructure has been submitted with the final plat. Condition No. 3. Minimum fire flows shall be in accordance with Uniform Fire Code (997) Appendix 111-A. Fire hydrants shall be provided per City specifications at locations approved by this department prior to combustible construction. (Kalispell Subdivision Regulations, Section 3.20). • This condition has been met. A letter from the Kalispell Fire Department dated 6 / 7 / 06 approving the subdivision has been submitted with the final plat. Condition No. 4. That a letter be obtained from the Kalispell Parks and Recreation Department stating that the a landscape plan has been reviewed and approved for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision Regulations, Section 3.11). • This condition has been met. A letter from the Parks and Recreation Department dated 6 / 9 / 06 approving a landscape plan and assuming the responsibility of installation of the street trees and grass within the boulevard has been submitted with the final plat. Condition No. 5. That the approximately 6.824 area designated on the plat as "park" shall be accepted by the City of Kalispell. (Kalispell Subdivision Regulations. 3.19). • The final plat has dedicated the 6.824 park area to the City. Upon approval of the final plat the park area will be officially accepted by the City of Kalispell. Condition No. 6. The private road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. (Kalispell Subdivision Regulations, Section 3.09). Final Plat for Terrace View Estates July 31, 2006 Page 3 • With the reconfiguration of the subdivision and the removal of one lot, no private road is required. Therefore, this condition no longer applies. Condition No. 7. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). • This condition has been met. A letter from the USPS dated 6/7/06 has been submitted with the final plat approving a mail service location. Condition No. S. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09(L)). • Although minor upgrades to the City street were made, with the reconfiguration of the subdivision and removal of one lot, no internal streets are required for the subdivision. Therefore, street lighting is not applicable. Condition No. 9. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). • This condition has been met. The developer has opted to bond for the installation of underground electrical lines to serve the subdivision. Condition No. 10. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. • This condition has been met. The developer has bonded for the completion of the sidewalks along East California Street however the majority of necessary infrastructure is in place. Condition No. 1.. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development. • This condition has been met. Revegetation has been completed in conjunction with the necessary infrastructure. Conditions. No. 12. That preliminary plat approval shall be valid for a period of three years from the date of city council approval. (Kalispell Subdivision Regulations, Section 2.04). • This condition has been met. The preliminary plat has been submitted prior to the expiration of the preliminary plat approval which is March 1, 2007. Final Plat for Terrace View Estates July 31, 2006 Page 4 COMPLIANCE WITH THE SUBDIVISION REGULATIONS. - This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-3 the zoning for the property. RECOMMENDATION: All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City Council approve the final plat for this subdivision. Please note that the Subdivision Improvements Agreement should be accepted along with the final plat approval. Please schedule this matter for the August 7, 2006 regular city council meeting if possible. You may call me at 751-1852 if I can be of assistance to you regarding this matter. Sincerely, Sean Conrad Senior Planner Attachments: 1 opaque mylar of final plat 1 reproducible mylar of final plat 1 blueline of final plat 1lx17 reduction Letter from Jackola Engineering dated 7/ 12/06 Final plat application dated 6/7/06 Letter Kalispell Public Works dated 7/ 13/06 Letter from MDEQ dated 6/26/06 Letter from Kalispell Fire Department dated 6 / 7 / 06 Letter from Parks and Rec dated 6/9/06 Letter from LISPS dated 6 /7 / 06 Quitclaim deed for parkland dedication dated 6/9/06 Realty Transfer Certificate Title report # 166445-CT 5/ 19/06 Treasurer's certification dated 7 / 12 / 06 Subdivision Improvement Agreement dated 8/ 1 /06 Letter of credit from Glacier Bank dated 8 / 1 / 06 July 12, 2006 --re, Su -Y Mr. Tom Jentz Tri-City Planning Office 11 Second St. East, Suite 211 Kalispell, Montana 59901 Re: Final Plat TERRACE VIEW ESTATES Sec. 8, T28N, R21W, PMM, M, City of Kalispell Dear Tom: Enclosed for your review is the data for Final Plat review on the above referenced Subdivision. The following conditions for approval are as follows: 1. That the final plat for substantial compliance plat. the subdivision shall be in with approved preliminary The Subdivision is in compliance with the conditions of approval, the number of lots have been reduced. 2. That the plans and specifications for all public infrastructures be designed and installed in accordance with the Kalispell ,Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. See enclosed Letter from the Public Works Department 3. Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. Fire hydrants shall be provided per City specifications (P)406-755.3205 (F)40G.755,3218 PQ aOxi 134 -1 830 3" AVE E "J' UITIm 302, KALISPELL,MT. 599©1 at locations approved by this department prior to combustible construction. See enclosed Letter from the Fire Department. 4,That a Letter be obtained from the Kalispell Parks and Recreation Department stating that the landscape plan has been reviewed and approved for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. See enclosed letter form the Parks Department. 5.That the approximately 6.824 area designated on the plat as "park" shall be accepted by the City of Kalispell. See enclosed Quitclaim Deed to be filed with Plat 6. The private road within the subdivision shall be named and signed in accordance with the policies of the Kalispell Public Works Department and the Uniform 'Traffic Control Devices Manual and be subject to review and approval of the Kalispell Fire Department. Design of lots has changed and no internal road has been created. The three lots access off of East California Street. 7. The developed shall provide a letter from the U.S. .Postal Service approving the plan for mail service. See enclosed letter from the U.S. Postal Service. 8. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. No additional lighting is proposed. 9. All utilities shall be installed underground. Utilities are available to each lot and have been installed underground as required. IP1406.755.3208 (F)406.755.3216 PO BOX1 134 -1 a30 3" AVE E SUITE 302, KALISPELL,MT. 59901 IO.That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. All work has been completed. 11.All areas disturbed during development of the subdivision shall be re --vegetated with a weed -free mix after development. All areas disturbed during development has been re -vegetated. 12.That Preliminary Plat approval shall be valid for a period of three years from the date of city council approval. (March 1, 2004) This condition has been met. Should you have any questions, please do not hesitate to contact me. Thank you. I remain . qancrely, e 4�� mes H. Burton (P)406.755.3208 (F)406.755.321 B PO Box 134 -1 830 3"' AVE E SUITE 302, KA41SFEI.E,,MT,599C) I ' is 7 Post Offi� .3.9€ "' : I sMontana) a)3-3.�) 7 - Tel gi t (a? }, � -< �2 ;, Fax i3 i _78§ July 13, 2006 Jackola Engineering, P.C. P.Q. Box 1134 Kalispell, Montana 59901 Attention; Thor A. Jackola RE: Terrace View Estates Kalispell, Montana Dear Thor, The water and sanitary sewer facilities for the referenced project are within the adjacent city street right-of-way. The City has adequate capacity to provide water and sewer services to this project. A copy of the City's approval letters to the Flathead City - County Health Department and the Department of Environmental Quality are attached. If you have any questions, please do not hesitate to contact this office. Sincerely, Jt Frank Castles, P.E. Assistant City Engineer Attachments a/s 3 A City of Kalispell Public Works Department == - Post Office Box 1997.. Kalispell, Montana 59903-1997 - Telephone 4067-8-7770, Fax 406758-7831 July 13, 2006 Department of Environmental Quality Permitting and Compliance Division PWSJCSB 109 Cooperative Way, Suite 105 Kalispell, Montana 59901 Attention: Walter M. Lauder, P.E. Environmental Engineer Specialist RE: Terrace View Estates Kalispell, Montana Dear Max, This letter is to confirm that the City of Kalispell has reviewed the Plat prepared by Jackola Engineering, P.C. for the referenced project. The Kalispell water and sanitary sewer systems have adequate capacity to serve the project from the existing water and sewer mains within the adjacent city street right-of-way Please feel free to call if you have any questions. Sincerely, / J��. Frank Castles, P.E. Assistant City Engineer cc: Jackola Engineering, P.C. N. City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone 406 758-7720, Fax (406)758-7831 f� July 13, 2006 Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Montana 59901 Attention: Dick Montgomery, P.E. RE: Terrace View Estates Kalispell, Montana Dear Dick, This letter is to confirm that the City of Kalispell has reviewed the Plat prepared by Jackola Engineering, P.C. for the referenced project. The Kalispell water and sanitary sewer systems have adequate capacity to serve the project from the existing water and sewer mains within the adjacent city street right-of-way Please feel free to call if you have any questions. Sincerely, r / ff Frank Castles, P.E. Assistant City Engineer cc: Jackola Engineering, P.C. Montana Department of 1 BrianSchweitzer, Governor �JENVIRONMENTALQUA P.O. Box 200901 Helena, MT 59620.0901 (406) 444-2544 www.deq.mt.-o .tune 26, 2006 Jackola Engineering PO Box 1134 Kalispell MT 59901 Dear Sir or Madam.: RE: Terrace View Estates Municipal Facilities Exclusion EQ#06-3294 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARM 1.7.36.602. Linder 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 trust be submitted when extensions of municipal. facilities for the supply of water or disposal of sewage are proposed { 76-4-111 (3), MCA}. Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Sincerely, Janet Skaarland Compliance Specialist Subdivision Section Public Water & Subdivision Bureau (406) 444-1801 -- email jskaarlandivmt.gov cc: City Engineer County Sanitarian file Enforcement Division " Permitting & Compliance Division ° Planning: Prevention & Assistance Division - Renlediati oo Division KALISPELL FIRE DEPARTMENT 3I2 First Avenue Eiast Randy Brodehl - Fire Chief Kalispell, Montana 59901 Dan Diehl — Assistant Chief/Operations (406) 758-7760 Brent L. Christopherson — Assistant Chief/Prevention FAX: (406) 758-7952 June 7, 2006 Gardner Investments, LLC Attn: Davar Gardner PO Box 958 Kalispell, MT 59903 Re: Terrace View Estates Subdivision, 500 Block E California Street Dear Mr. Gardner: In response to your request for approval of the above -referenced project, our department approves the project, with the following information and conditions: • Fire hydrant locations, fire department access, and fire flows are approved by this department. Please contact me if you have any questions. Sincerely, '13w,�k F. Ray Ruffatto Fire Inspector Kalispell Fire Department xc: Tom Jentz, City of Kalispell Planning Office Frank Castles, City of Kalispell Public Works "assisting our community in reducing, preventing, and mitigating emergencies. " It of Kalisp�,�� Al A 1 Parks and Recreation June 9, 2006 Gardner Investments, LLC 3100 US Highway 93 Kalispell MT 59901 351st Ave East — P O Box 1997 — Kalispell MT 59903-1997 Phone: (406) 758-7718 Fax: (406) 758-7719 Email: parknreco@7kalispell.com Re: Terrace View Estates - 3 Lot Subdivision on East California Dear Davar: This letter is to notify all parties that the City of Kalispell Parks and Recreation department will be responsible for the planting of public right-of-way boulevard trees and right-of-way boulevard prep, seeding and/or sodding of approximately 300' of boulevard at Terrace View Estates a three lot subdivision on East California. Kalispell Parks and Recreation will assume responsibility in lieu of a donation of approximately 6.6 acres to Lawrence Park of land from Gardner Investments. Should you have any questions or need additional information, please do not hesitate to give me a call. Sincerely, Michae Baker, Director Kalispell Parks and Recreation Cc: Tom Jentz, Kalispell Planning Charlie Harball, City Attorney UNITEDSTATES POSTAL SERVICE 350 N MERIDIAN RD KALISPELL, MT 59901-9998 June 7, 2006 Gardner Investments Attn: Devar Gardner P. O. Box 958 Kalispell, MT 59901-9998 RE: 500 East California Subdivision Dr Mr. Gardner: Delivery has been approved for curbside delivery for the above -referenced subdivision. The three undeveloped lots located on East California require box placement on the north side of the road, directly across from the intersection at 5T" Avenue EN. Please have owners or yourself place all mailboxes in one group, side by side. When final plat is available with number assignment, please forward a copy to the Post Office to implement delivery. I am enclosing a diagram which shows postal regulations regarding mail box installation and a map showing placement locations. If you have any questions regarding this matter, you may contact me at 755-6450. Sincerely, Susii Carter Growth Management Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions & Condominiums Only BY. JACK©LA FOR: GARDNER INVESTMENTS LLC DATE: 6/6/06 DESCP: TERRACE VIEW ESTATES PURPOSE: SUB. (Tr. 23A in 8-28-21) I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. Deputy Treasurer f (seal) r jUL12. Q SUBDIVISION PLAT OF TERRACE VIEW LCrAnO H Mr IK W ff IM N.W.Y4 a s t0, nN, H 7wv� l lt?r— City of Kalispell Planning Department 17 - 2"' Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project /Subdivision Name: ��r1-��c � Z_ew' �5��t��5 Contact Person: Name: G _�o [ci- � e neerin Address: to x 3` Phone No.: _ ZaS_ 32-o-- — Ownerr & Mailing Address: �~rcwclne�r' �YtVes"�lrtTs_ 1-C C- d , f5-x Y 7sa - 770:3 Date of Preliminary Plat Approval: act rc"k Type of Subdivision: Residential X Industrial Commercial PUD Other Total Number of Lots in Subdivision Land in Project (acres) S- 337 Iq G Parkland (acres) S' Qc . Cash -in -Lieu $ Exempt No. of Lots by Type: Single Family Townhouse _ Duplex Apartment Commercial Industrial Condominium Multi -Family Mobile Home Park Recreational Vehicle Park Planned Unit Development Other Legal Description of the Property /oA5 I Z 3 0 -7�e'rrG Y r �w E44CS FILING FEE ATTACHED $ 7/5 Minor Subdivision with approved preliminary plat $400 + $105/lot Major Subdivision with approved preliminary plat $650 + $105/lot Subdivisions with Waiver of Preliminary Plat $600 + $105 / lot Subdivision Improvements Agreement $ 50 Attached Not Applicable (MUST CHECK ONE) Health Department Certification (Original) Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) XX Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach collateral) _ Parkland Cash -in -Lieu (Check attached) Maintenance Agreement Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 Copy 11X17 Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applications be accompanied with a digital copy. Owner .s '. nature Date Z 7 - a (", **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 Subdivision Guarantee Guarantee No.; 166445-CT Issued by Citizens Title and Escrow Company 704 South MainlR O. Box 1310, Kalispell, MT 59901 Title Orfcer.• Ted Gigrich Phone: (406)752-5368 FAX, (406)752-9617 Form No. 1282 (Rev 12/15/95) Subdivision Guarantee Guarantee No.; 166445-CT Form 1349 CLTA Guarantee Face Page (Revised 12/15/95) First American ride Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, First American Title Insurance Company a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Citizen `s Title and Escrow Company AUTHORIZED SIGNATORY Subdivision Guarantee Guarantee No.: 166445-Cr SUBDIVISION OR PROPOSED SUBDIVISION GUARANTEE Order No.: 166445-CT Guarantee No.: 166445-CT Fee:$125.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: Gardner Investments LLC FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 AND WHICH POINT IS THE NORTHWEST CORNER OF TRACT 1 OF CERTIFICATE OF SURVEY NUMBER 10223, RECORDS OF FLATHEAD COUNTY; THENCE SOUTH 89045"42" EAST, ON AND ALONG THE NORTH BOUNDARY OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE NORTH BOUNDARY OF SAID TRACT 1, A DISTANCE OF 145.55 FEET TO A FOUND 5/8" RE -BAR AND WHICH POINT IS THE NORTHEAST CORNER OF SAID TRACT 1 AND WHICH POINT IS THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89045'42" EAST, ON AND ALONG SAID NORTH BOUNDARY, A DISTANCE OF 718.05 FEET TO A SET 5/8" RE -BAR; THENCE SOUTH 09°53"08" EAST, AND LEAVING SAID NORTH BOUNDARY, A DISTANCE OF 161.27 FEET TO A SET 5/8" RE -BAR; THENCE SOUTH 05048-13-" WEST, A DISTANCE OF 233.26 FEET TO A SET 5/8" RE -BAR; THENCE SOUTH 13°49'00" EAST, A DISTANCE OF 50.00 FEET TO A SET 5/8"RE-BAR AND WHICH POINT LIES ON THE NORTH RIGHT-OF-WAY BOUNDARY OF EAST CALIFORNIA STREET; THENCE SOUTH 76011'00" WEST, ON AND ALONG SAID NORTHERLY RIGHT-OF- WAY BOUNDARY, A DISTANCE OF 300 FEET TO A SET 5/8" RE -BAR; THENCE NORTH 13049'00" WEST, ON AND ALONG AN EASTERLY RIGHT-OF-WAY BOUNDARY OF SAID EAST CALIFORNIA STREET, A DISTANCE OF 50.00 FEET TO A SET 5/8" RE -BAR; THENCE SOUTH 76011"00" WEST, ON AND ALONG A NORTHERLY RIGHT-OF-WAY BOUNDARY OF SAID EAST CALIFORNIA STREET, A DISTANCE OF 395.36 FEET TO A SET 5/8" RE -BAR; THENCE NORTH 13049'00" WEST, AND LEAVING SAID RIGHT-OF-WAY BOUNDARY, A DISTANCE OF 111.07 FEET TO A SET 5/8" RE -BAR; THENCE NORTH 86-24-33" WEST A DISTANCE OF 21.72 FEET TO A SETT 5/8" RE -BAR AND WHICH POINT LIES ON THE EAST BOUNDARY OF SAID TRACT 1; THENCE NORTH 00009-57" EAST, ON AND ALONG SAID EAST BOUNDARY, A DISTANCE OF 450.78 FEET TO THE TRUE POINT OF BEGINNING. To be known as TERRACE VIEW ESTATES (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for Subdivision Guarantee Guarantee No.: 166445-CT dedication by said Plat are: Gardner Investments LLC (B) Parties holding liens or encumbrances on the title to said lands are: 1. 2006 taxes and special assessments are a lien; amounts not yet determined or payable. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year 1st Half 2nd Half Parcel Number 2005 $1275.38 $1275.35 75-0104200 paid not paid (C) Easements, claims of easements and restriction agreements of record are: 2. Any claim arising from the difference in the mean low water line of the Stillwater River and the meander line as shown by the Original Government Survey. 3. Right, title and interest of the State of Montana within the natural bed of the Stillwater River below the ordinary low water line, and also excepting any artificial accretions waterward of said ordinary high water line. 4. Public right and easements for commerce, recreation, navigation and fishery. S, Terms and conditions of Petition to Annex and Notice of Withdrawal From Rural Fire District, recorded March 11, 2004, Document No. 2004-071-10230 and recorded October 21, 2004, Document No. 2004-295-14260. 6. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed by the pending plat of Terrace View Estates. 7. Any right, title or interest in any minerals, mineral rights, or related matters, including but not limited to oil, gas, coal, and other hydrocarbons. 8. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder to Title 70, Chapter 21, M.C.A,, including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County, Date of Guarantee: May 19, 2006 at 7:30 A.M. CITIZENS TITLE & ESCROW COMPANY BY: STATF OF MONTANA ) COUNTY OF FLATHEAD This instrument was acknowledged before me on E� day of --,JL)"E,.("v I as Assistant Secretary of Citizens Title & Escrow Company. N R L; 1ACHELLEN. WAGNER ..... .... .... . .......... . . NOTARY P VOUG-MONTAN SEAL ResWftatKalispetl,,VDqllSigi-iaLure C-M. Ej(pkw Ott, 23,2Mr5 Subdivision Guarantee Guarantee No.: 166445-CT SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, Janes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or Interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not It shalt be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated In Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a Court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose, Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage, Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) Subdivision Guarantee Guarantee No.: 166445-CT 6. options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shaft have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder, In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral securlty, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any Balm Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. S. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11, Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a dalm does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable taw, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the sites of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy ofthe Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 1 First American Way, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12115195) Subdivision Guarantee Guarantee No.: 166445-CT Citizens Title and Escrow Company 704 South Main/P.O. Box 1310, Kalispell, MT 59901 Phone(406)752-5388 - Fax(406)752-9617 PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fairinformation Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 0 2001 The First American corporation 9 All Rights Reserved