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03/03/08 Final Plat Phase 1
City of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 7514858 Website: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: Nicole C. Johnson, Planner II James H. Patrick, City Manager SUBJECT Final Plat for Silverbrook Estates, Phase 1 MEETING DATE: March 3, 2008 BACKGROUND: This is a request for final plat approval of Silverbrook Estates subdivision, phase 1 which includes 107 single-family residential lots on approximately 73 acres located on the west side of Highway 93 about three- quarters of a mile south of the intersection of Highway 93 and Church Drive. Preliminary plat approval for phase 1 of this subdivision was granted by the City Council on December 4, 2006. It should be noted that the final plat request includes only a portion of phase 1 of Silverbrook Estates as approved by council in December of 2006. Preliminary plat approval of phase 1 included 249 single family residential lots covering an area approximately 160 acres in size. The final plat request before council includes a portion of phase 1 which is located in a portion of Section 13, Township 29 North, Range 22 West, Flathead County, Montana. The application includes a Subdivision Improvements Agreement (SIA) detailing completed and uncompleted improvements to the subdivision. The improvements that remain are bonded for in the amount of $3,955,223 and include such items as street paving, curbs, gutters, a lift station, water and wastewater extensions, sidewalks, boulevards, street trees, park amenities, etc. The SIA and the attached exhibit have been certified by Ronald E. Moore, a licensed engineer. Sufficient security has been provided from Glacier Bank of Whitefish for $4,000,000 to fund the improvements listed in the SIA. The improvements are expected to be completed by October 2009. A Planned Unit Development (PUD) agreement for the Silverbrook Estates Subdivision is also included in the application and requires final approval for the development. RECOMMENDATION: A motion to approve the final plat for Silverbrook Estates, Phase 1, accept the Subdivision Improvement Agreement and approve the PUD agreement would be in order. FISCAL EFFECTS: Minor positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Nicole C, ohnson amen H. Patrick Planne11 City Manager Report compiled: February 27, 2008 Attachments: Letter of transmittal Final plat application and supporting documents City of Kalispell Planning Department 17 - 2"d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com February 11, 2008 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: City of Kalispell Area Transportation Plan Dear Jim: The Kalispell City Planning Board met on December 11, 2007 and held a public hearing to consider recommending the adoption of the Kalispell Area Transportation Plan 2006 Update. This plan will serve to update and replace the existing Kalispell Transportation Plan adopted in 1993. The proposed Transportation Plan addresses the city, plus an area up to 3 miles beyond the city limits of Kalispell. It provides an analysis of existing transportation conditions, transportation demand forecasting, a discussion of alternative travel modes within the area and identification of specific problem areas relative to crash occurrences, intersection capacities, and street corridor capacities. The plan also includes recommendations for travel demand management and traffic calming techniques and provides a series of recommendations for improvements to the transportation system including short-term management changes, major street system improvements and miscellaneous upgrades to the existing transportation system. The plan concludes with a financial analysis for implementing the plan. At the December 11 hearing two people spoke providing comments for the record. The Kalispell City Planning Board then continued the hearing until the January 8+h, 2008 planning board meeting. At this second hearing 4 people spoke addressing specific issues of the plan. Jeff Key of Robert Peccia and Associates, who is assisting in the preparation of the plan, then reviewed the joint work session with the Kalispell City Planning Board and the Kalispell City Council held on November 25. He also reviewed the public comments that had been forwarded to the TAC and the TAC's recommendation of December 4, 2007. Finally he updated the board on all public comments received since the TAC action on December 4, 2007. Kalispell Area Transportation Plan February 11, 2008 Page 2 The public hearing was closed and a motion to add a general statement to the plan supporting the need for a downtown parking structure was added to the plan on a unanimous vote. There were several other motions to amend the plan which failed. Ultimately, the planning board unanimously moved to recommend that the City Council adopt the Kalispell Area Transportation Plan 2006 draft update. Please schedule this issue at your earliest convenience. If you have any questions, do not hesitate to contact this board or members of the planning staff. Sincerely, Kalispell City Planning Board Bryan H. Schutt President Attachments: Kalispell Area Transportation Plan 2006 draft update Minutes of the 12/ 11/07 and 1/8/08 planning board meetings c w/ Att: Theresa White, Kalispell City Clerk c w/o Att: Jim Hansz, Public Works Department Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 SUBDIVISION IMPROVEMENT AGREEMENT SILVERBROOK ESTATES, PHASE 1 ic,A THIS AGREEMENT, made and entered into this-kffday of February, 2008, by and between the CITY COUNCIL, City of Kalispell, Montana, Party of the First Part and hereinafter referred to as the CITY, and 93 and CHURCH, LLC, a Montana limited liability company with its offices located at 3154 Parkwood Lane, Bigfork, Montana, 59911, Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Silverbrook Estates located at U.S. Highway 93 North, Kalispell, Montana; and WHEREAS, the City has conditioned it's approval of the final plat of Silverbrook Estates, Phase 1 upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to set up a joint bank account 93 and Church, LLC, City of Kalispell Improvement Account for the completion of those improvements set forth in `Exhibit A"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $3,955,223 (Three Million, Nine Hundred Fifty Five Thousand, Two Hundred Twenty -Three Dollars and no/100). NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: U 1. The Developer shall deposit as collateral with Glacier Bank of Whitefish in the amount of $3,955,223 (Three Million, Nine Hundred Fifty Five Thousand, Two Hundred Twenty -Three Dollars and no/100). 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 joint bank account guarantees funds in the sum of $3,955,223 the estimated cost of completing the required improvements in Silverbrook Estates, Phase 1. b. That if the Developer fails to complete the specified improvements within the required period, the City of Kalispell may draw upon these funds, and without further action, to finance the completion of those improvements; 2. That said required improvements shall be fully completed by December 31, 2009. 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and f. That 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 that must be corrected within 60 days of notification. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. 93 and CHURCH, LLC t. By: Howard T. Mann Its: Sole Managing Member STATE OF MONTANA County of Flathead On this II --H- I day of February, 2008, before me, a Notary Public for the State of Montana, personally appeared Howard T. Mann, known to me to be to the managing member of 93 and Church, LLC, whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. Notary Public for the State of MAfitana Printed Name Residing at My commission expires: Alt y, Z 20_Q MAYOR, CITY OF KALISPELL ATTEST MAYOR CITY CLERK DESCRIPTION That portion of Section Thirteen (13), Township Twenty-nine North (T.29 N.), Range Twenty-two West (R.22 W.), Principal Meridian Montana, Flathead County, Montana, described as follows: Commencing at the northeast corner of the NE'/ SE1/4 of Section 13; thence S 89° 31' 12" W for 141.79 feet to the TRUE POINT OF BEGINNING of the tract of land herein described, thence S 89° 31' 12" W for 1191.61 feet; thence S 89° 30' 39" W for 1334.09 feet; thence S 890 31' 38" W for 1289.59 feet to the easterly bank of the Stillwater River; thence along said easterly bank the following 21 courses: N 06° 30' 23" W for 88.65 feet; thence N 070 07' 16" E for 127.25 feet; thence N 01 ° 17' 12" E for 99.44 feet; thence N 09' 16' 57" W for 63.08 feet; thence N 410 50' 27" W for 74.34 feet; thence N 00° 08' 45" W for 251.05 feet; thence S 610 59' 38" E for 23.24 feet; thence S 240 24' 53" E for 182.08 feet; thence S 03' 19' 51" W for 137.68 feet; thence S 08' 37' 35" E for 232.00 feet; thence S 500 40' 15" E for 72.58 feet; thence S 760 48' 23" E for 276.44 feet; thence S 88040'48" E for 217.15 feet; thence N 72' 01' 04" E for 83.06 feet; thence to the beginning point of a non -tangent curve to the left having a radius of 144.91 feet from which the radius point bears N 270 39' 52" E, thence left along said curve through a central angle of 134°21'23" for an arc length of 339.81 feet; thence N 62° 19' 55" W for 149.72 feet; thence N 560 16' 52" W for 103.44 feet; thence N 380 43' 44" W for 89.94 feet; thence N 07° 01' 43" W for 159.30 feet; thence N 190 16' 30" E for 176.49 feet; thence N 06' 29' 40" W for 73.77 feet; thence N 69° 24' 47" E for 413.64 feet; thence N 53° 19' 49" E for 130.13 feet; thence N 55° 45' 55" E for 127.86 feet; thence N 41 ° 35' 43" E for 61.51 feet; thence N 290 27' 55" E for 60.44 feet; thence N 440 02' 25" E for 112.77 feet; thence N 770 21' 15" E for 120.81 feet; thence N 560 53' 45" E for 106.39 feet; thence N 56" 53' 45" E for 69.07 feet; thence S 60° 26' 31" E for 44.76 feet; thence S 410 53' 41" E for 82.19 feet; thence N 45° 16' 40" E for 11.26 feet; thence N 31 ° 14' 30" E for 28.86 feet; thence N 450 16' 41" E for 23.20 feet; thence N 59° 18' 51" E for 28.86 feet; thence N 450 16' 40" E for 32.36 feet to a point on a curve concave easterly having a radius of 225.00 feet from which the radius point bears N 55° 37' 36" E, thence right along said curve through a central angle of 31' 26' 50" for an arc length of 123.49 feet, thence S 870 04' 26" W for 10.00 feet; thence to a point on a curve concave southeasterly to the right having a radius of 235.00 feet from which the radius point bears N 870 04' 26" E, thence right along said curve through a central angle of 530 17' 40" for an arc length of 218.59 feet; thence N 50° 22' 06" E for 19.63 feet; thence N 39° 28' 05" W for 400.65 feet to the beginning point of a curve to the right having a radius of 1050.00 feet; thence right along said curve through a central angle of 15" 12' 21" for an arc length of 278.66 feet; thence N 240 15' 45" W for 51.72 feet; thence along a 1550.00 feet radius curve to the right through a central angle of 33' 33' 24 ' an arc length 910.05 feet; thence N 09° 22' 40" E for 177.68 feet to the beginning of a 950.00 feet radius curve to the left through a central angle of 10" 01' 41" an are length of 166.27 feet; thence N 00° 39' 01" W for 278.94 feet; thence N 890 20' 59" E for 63.81 feet; thence N 890 20' 49" E for 36.19 feet; thence S 00' 39' 01" E for 278.94 feet to the beginning of a 1050.00 feet radius curve to the right through a central angle of 100 01' 41 'an arc length of 183.77 feet; thence S 09" 22' 40" W for 177.68 feet to the beginning of a 1450.00 feet radius curve to the left through a central angle of 33° 38' 24" an are length of 851.34 feet; thence S 240 15' 44" E for 51.72 feet to the beginning of a 950.00 feet radius curve to the left through a central angle of 15° 12' 21" an arc length of 252.12 feet; thence S 390 28' 05" E for 480.37 feet; thence N 50° 22' 06" E for 81.40 feet to the beginning of a curve to the left having a radius of 370.00 feet; thence left along said curve through a central angle of 040 30' 27" for an arc length of 29.11 feet; thence S 610 07' 49" E for 13.19 feet to the beginning EXHIBIT "B" SUBDIVISION IMPROVEMENT AGREEMENT Silverbrook Estates, Phase 1 Currently there are two projects under construction, one by Schellinger Construction and one by COP Construction. In addition to these two projects there are three construction packages that have been bid collectively and are referred to as Bid Package #3. Bid Package #3 includes the following items: Bid Package A — Landscape/Plantings/Irrigation Right -of -Way Landscaping and boulevard trees required for bonding are included within the line item Landscaping and Boulevard Trees listed below. This work is anticipated to be completed by October 2009 Bid Package B — Parks/Amenities/Fencing/Trails/ Walkways/Decorative Lighting All work associated with the park areas and amenities, seating, basketball and tennis courts, asphalt trails and concrete walkways and decorative lighting. This work is anticipated to be complete by October 2009 Bid Package C — Fountains/Entry Features All work associated with the fountains, stonework, fountain lighting, decorative signage, plumbing, mechanical work, electrical components, wood and stone columns, masonry and concrete components and associated construction activities. Bid Package Three is not required for bonding. The following is a summary of actual costs to complete the above -referenced items. The back-up cost information is attached. Silverbrook Estates Remaining Construction Items — Schellinger $1,093,548 Silverbrook Estates Remaining Construction Items — Lift Station Highway 93 Water and Wastewater Systems Extensions Landscaping and Boulevard Trees Bid Package B Bid Package C — (Not required to be bonded) Street Signs Subtotal $ 696,64.` $ 318,231 $ 580,001 $1,186,8C $0 $ 80,00 $3,955,22 Total Collateral (Total Costs X 100%) $3,955,223 2-ice a� Silverbrook Estates Remaining Construction Items - Schellinger Phase One Construction Anticipated Completion Item # Description Unit Price Qty Total Cost Date 104A Pond Excavation $6.50/CY 1,OOOCY $6,500 4/l/2008 105 Asphalt MDT Class C-4 $1.30/SF 169,960SF $220,948 4/15/2008 111 4" Thick Concrete Sidewalk $3.70/SF 60,700 $224,590 4/30/2008 113 Standard Curb $13.90/1-F 1,360 LF $18,904 4/15/2008 115 Roll Curb $13.70/1-F 12,140 LF $166,318 4/15/2008 116 Traffic Control Devices $50,000LS 1 LS $50,000 5/15/2008 202 Well House (Building) $64,550/EA 2 EA $129,100 5/1/2008 226 Connect to USGS Utility $3,340 1 EA $3,340 4/15/2008 Extension 425 Bypass Inlet $4,975 1 EA $4,975 2/15/2008 426 Bypass Outlet $10,800 1 EA $10,800 2/15/2008 504 Rip Rap Outlet $105 CY 100 CY $10,500 2/15/2008 617 Wood Railing $37,655 EA 1 EA $37,655 3/1/2008 620 Crash Railing $172.20 210 LF $36,162 3/1/2008 711 Meter Base $1,265 5 EA $6,325 4/15/2008 712 480V/3 Panel $2,275 5 EA $11,375 4/15/2008 713 HP1 Light Pole Base $446.70 20 EA $88,934 4/15/2008 714 HP2 Light Pole Base $5,416.60 2 EA $10,833 4/15/2008 714A HP1 & 2 Poles & Fixture $56,289.88 1 EA $56,289 4/15/2008 $1,093,548 ITEM I DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT INTERIM FIRE PROTECTION SYSTEM - CONNECT TO IRRIGATION WELL Submersible Pump, Fumish & Install 1 EA $ 50,000.00 $ 50,000.00 202 Well House Piping, Valves, Equipment, Chlorination, Controls 1 LS $ 75,000.00 $ 75,000.00 12" AWWA C-905 Class 150 PVC Water Main 500 LF $ 37.70 $ 18,850.00 12" Gate Valve 1 EA $ 3,000.00 $ 3,000.00 14" X 14" X 12" DI Tee 1 EA $ 1,600.00 $ 1,600.00 12" 90 Degree DI Elbow 1 EA $ 1,075.00 $ 1,075.00 12" 45 Degree DI Elbow 1 EA $ 925.00 $ 925.00 12" 22.5 Degree DI Elbow 2 EA $ 925.00 $ 1,850.00 216 Backflow Preventer 1 EA $ 4,500.00 $ 4,500.00 217 Pressure Switches with vaults 3 EA $ 5,000.00 $ 15,000.00 TOTAL WATER SYSTEM IMPROVEMENTS **** $ 171,800.00 300 LIFT STATION #1 - Remaining (-25% complete) 1 LS $ 223,500.00 $ 223,500.00 300 LIFT STATION #1 - Backup Generator 1 EA $ 64,000.00 $ 64,000.00 303A PVC Pressure Pipe 8" SDR26 100 LF $ 18.30 $ 1,830.00 3033 PVC Pressure Pipe 12" SDR26 100 LF $ 41.00 $ 4,100.00 30S 5' Typical Eccentric Sanitary Sewer Manhole 1 EA $ 2,480.00 $ 2,480.00 306 Sanitary Sewer Manhole, Additional Depth 15 VF $ 70.00 $ 710.00 is - TOTAL SANITARY SEWER SYSTEM IMPROVEMENTS 1 **** 1 $ 296,620.00 February 1, 2008 Highway 93 Water and Wastewater System Extensions Percent Complete in Dollars Anticipated Completion Date April 1, 2008 Schedule I Description % Complete Contract Amount Amount to Date Amount Remaining Schedule 0 General Requirements 95% $432,000 $411,600 $20,400 Schedule 1 Gravity Sewer 93% $907,813 $850,609 $57,204 Schedule 2 North Sewer Force Main 960,'o $286,338 $274,342 $11,996 Schedule 3 South Sewer Force Main 89% $637,537 $571,455 $66,082 Schedule 4 Lift Station 61% $358,971 $218,335 $140,636 Schedule 5 Water Main Extension 100% $1,096,212 $1,096,267 ($55) Schedule 6 Project Contingency 75% $128,738 $96,771 $31,967 Total Project 91.47% $3,847,609 $3,519,379 $318,230 Value Remaining to Bond $318,230 C':`Docuflnents and Settings'�njohnson.PLANNING',.Local Settings!'I'emoorarNr Internet Files\UL'K98\Feb t 2-004 Bond vatue.doc S6,GLACIER BANK OF WHITEFISH Serving Whitefish and Eureka Kalispell City Council City of Kalispell P.O. Box 1997 Kalispell, MT 59901 Glacier Bank of Whitefish has established a deposit account in the amount of four million dollars (4,000,000) to fund improvements to phase one of a new subdivision known as Silverbrook Estates located at U.S. Highway 93 North, Kalispell, Montana. This account will be restricted for the purpose of disbursing funds based on work completed as outlined in Subdivision Improvement Agreement dated February 19, 2008. We will disperse funds through draw requests mutually agreed upon by Developer and the City of Kalispell. Furthermore, we will grant the City of Kalispell a Security Interest in this deposit account. The Kalispell City Attorney will draw an agreement outlining the specific requirements for Glacier Bank of Whitefish to release funds. Glacier Bank of Whitefish 319 East Second Street Whitefish, MT 59937 Randy C 1 Senior Vice re dent 319 E. Second St. • Whitefish, MT 59937 • (406) 863-6300 OF 1 222 Dewey Ave. • Eureka, MT 59917 • (406) 297-2521 www.glacierbank.com nFM mm CITY OF KALISPELL To: Nicole C. Johnson Planning Department From: Frank Castles, P.E. Deputy Public WorCity Engineer Date: February 21, 2008 Re: Subdivision Improvement Agreement — Silverbrook Estates, Phase 1 We have examined the referenced agreement and concur that the amounts shown for the items of construction appear adequate to complete die - project. Return to: City Clerk P.O. Box 1997 Kalispell, MT 59903 PLANNED UNIT DEVELOPMENT AGREEMENT SILVERBROOK ESTATES SUBDIVISION THIS AGREEMENT, made as of the _ day of February, 2008, by 93 & Church LLC, 100 Hathaway Lane, Kalispell, Montana 59901 hereinafter 93 & CHURCH LLC, and the City of Kalispell, a municipal corporation, of 312 1st Avenue East, Kalispell, Montana 59901, hereinafter CITY; WITNESSETH WHEREAS, 93 & CHURCH LLC is the fee owner of certain real property located in Kalispell, Flathead County, Montana, which is further described as follows: See Exhibit A attached and is hereinafter referred to as "Subject Property"; and WHEREAS, 93 & CHURCH LLC desires to develop the subject property consistent with the terms of the approved PUD as described in Ordinance No.1597 and pursuant to the terms of the Preliminary Plat as described in Resolution No. that would allow some flexibility in setbacks, lot coverage and lot size; and WHEREAS, in order to allow the PUD, assure the installation of infrastructure improvements within the "Subject Property", and prescribe the permitted uses therein, the parties hereto determine it to be in their interests to enter into this Development Agreement. DEVELOPER'S AGREEMENT/93 & CHURCH LLC Page 1 of 1 I. GENERAL INTRODUCTION § 1.01 General The use and development of the Subject Property shall substantially conform to and comply with the provisions of the PUD Application filed by applicant and the conditions contained within Kalispell City Resolution No. 5169 conditionally approving the preliminary plat of the Silverbrook Estates Subdivision Phase I and incorporated fully herein by this reference. § 1.02 Relationship to Zoning Ordinance Except as specifically modified or superseded by this Development Agreement, the laws, rules and regulations of the City of Kalispell governing the use and development of land and buildings, including the City of Kalispell Zoning Ordinance, shall apply to the Subject Property. § 1.03 Drawings The drawings comprising the Preliminary Plat are an integral and essential component thereof, and they are incorporated by reference herein. § 1.04 Effectiveness and Cancellation The provisions of this Developer's Agreement shall become effective immediately and shall terminate upon the issuance of the final building permit for development of the Subject Property. This Development Agreement may be modified or amended only as set forth in Article IV hereof. § 1.05 Certification Procedure Whenever in this Developer's Agreement a certificate by the Director of Public Works is required to be given, such certificate shall be given within thirty (30) days of the receipt of a completed application. Such an application shall be deemed to be complete upon receipt of such drawings and narrative information as are reasonably necessary for the issuance of such certification. II. PARCEL DESCRIPTION § 2.01 The Subject Property, described in the recitals above, shall be developed with the infrastructure improvements as described below. No building permit shall be issued for any of the parcels unless and until all improvements specified in this Agreement as well as those infrastructure improvements which may be required by the City of Kalispell's Standards for Design and Construction are either constructed or DEVELOPER'S AGREEMENT/93 & CHURCH LLC Page 2 of 2 security provided guaranteeing construction of said improvements for that particular parcel upon which a building permit is requested. III. SITE CONDITIONS § 3.01 Public Infrastructure and Easements 1. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. The preliminary plat approval for phase 1 shall be valid for a period of three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04). Prior to final plat: 3. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified in writing by an engineer licensed in the State of Montana. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. (Kalispell Design and Construction Standards) 4. Water and sewer main extensions shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards. The water and sewer main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the water and sewer mains have been built as designed and approved. (Kalispell Design and Construction Standards) 5. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current City standards for design and construction. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the drainage plan for the subdivision has been installed as designed and approved. (Kalispell Design and Construction Standards) 6. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. (Kalispell Design and Construction Standards) DEVELOPER'S AGREEMENT/93 & CHURCH LLC Page 3 of 3 7. 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. (Kalispell Design and Construction Standards) 8. The developer shall contact the Army Corps of Engineers to obtain any necessary permits from the Army Corps for the crossing of the wetlands by Silverbrook Drive. Any mitigation required as part of the permit shall be included in the approval of the road construction plans. Such mitigation required for the road crossing shall be completed to the satisfaction of the Army Corps of Engineers prior to final plat and the Army Corps of Engineers shall so certify this in writing to the city. (Findings of Fact, Section C, Wetlands) 9. The developer shall obtain an approach permit from the Montana Department of Transportation (MDT) for Silverbrook Drive. If any improvements are necessary at this intersection, these improvements shall be completed to the satisfaction of the MDT prior to final plat and MDT shall so certify this in writing to the city. (Findings of Fact, Section D, Roads) 10. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20). a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with International Fire Code (2003) Appendix B. 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 (2003) Chapter 5. 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. f. Roadways between 26 feet to 32 feet wide shall be posted on one side of the road as a fire lane. 11. A 12-foot meandering berm shall be constructed within the proposed buffer along Phase 1. The berm shall be landscaped with the landscaping plan reviewed and approved by the Parks and Recreation Department. (Findings of Fact, Section A, Noise) 12. The pedestrian/bike path plan shall be reviewed by the Flathead Conservation District in order for the District to determine if any permits are required. If a permit is required, the developer shall submit a 310 application to the Flathead Conservation District prior to any construction of the pedestrian/bike path. (Findings of Fact, Section D, Parks and Open Space) DEVELOPER'S AGREEMENT/93 & CHURCH LLC Page 4 of 4 13. 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 provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11). 14. The area designated on the plat as "park" will meet the parkland dedication requirements provided that it is developed to create a recreational amenity within the subdivision. Those park improvements shall be addressed in accordance with a plan approved by the Kalispell Parks and Recreation Director so as to provide a recreational component within the development and, at a minimum, the park improvements shall equal 9.6 acres of land. A letter from the Kalispell Parks and Recreation Department shall be provided at the time of final plat that outlines the improvements and confirms those improvements have been made. (Kalispell Subdivision Regulations, Section 3.19 and Findings of Fact, Section D, Parks and Open Space) 15. A pedestrian/ bike path plan shall be provided to the Parks and Recreation Department which includes the pathway width and construction materials for the paths located throughout phase 1. Specifications for the bike path construction will be determined by the Parks and Recreation Department with recommendations provided by the Flathead Conservation District in areas where the path required a 310 permit as required in condition 19. (Findings of Fact, Section D, Parks and Open Space) 16. The developer shall obtain a permit from the Flathead County Road Department for access onto Church Drive. A letter from the Flathead County Road Department shall be submitted along with the final plat stating that all improvements at the intersection of Church Drive and Silverbrook Drive have been completed or bonded for. (Findings of Fact, Section D, Roads) 17. The following note shall be placed on the final plat: "Construction of homes on lots 1-15 of Block 1 and 1-11 of Block 2 shall utilize sound -absorbent materials along the side of the house facing the highway bypass. (Findings of Fact, Section A, Noise) 18. The following note shall be placed on the final plat: "Property owner(s) are responsible for the boulevard strip for the length of their property boundaries. Responsibilities include watering and mowing of the grass within the boulevard. Removal of grass or trees within the boulevard and placement of any other kind of materials is prohibited unless approved by the Kalispell Department of Parks and Recreation." 19. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades to Church Drive." (Findings of Fact, Section D, Roads) DEVELOPER'S AGREEMENT/93 &;,,: CH LLC Page 5 of 5 20. The following note shall be placed on the final plat: "This subdivision is located in an agricultural area and potential nuisances such as noise, dust, odors, and irregular hours of operation are to be expected. As such, the right to farm on adjoining properties shall not be restricted as a result of the development or occupancy of this subdivision." (Findings of Fact, Section E) 21. The following note shall be placed on the final plat: "Noise generated by the arena and race track may be heard from your property. The noise may be considered a nuisance." (Findings of Fact, Section A, Noise) 22. The rear property boundaries of lots 1-9 of Block 20, lots 1-3 of Block 16 and lots 7-13 of Block 15 shall be amended to provide for a minimum distance of 50-feet from the top of the bank along the drainage to the rear property boundary. The contour line designating the top of bank shall be determined by City staff and the developer's consultants. (Findings of Fact, Section B) 23. A 30-foot rear yard setback shall be required for all structures on lots adjacent to the Stillwater River Hillside and its tributaries. This would include lots 3-7 of Block 19, lots 1-9 of Block 20, lots 1-3 of Block 16 and lots 7-13 of Block 15. (Findings of Fact, Section B) 24. The 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. A letter shall be obtained from the Kalispell Public Works Department stating the naming and addressing on the final plat have been reviewed and approved. (Kalispell Subdivision Regulations, Section 3.09) 25. 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. (Kalispell Subdivision Regulations, Section 3.18) 26. 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. (Kalispell Subdivision Regulations, Section 3.22) 27. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section 3.09Q) DEVELOPER'S AGREEMENT/93 & CHURCH LLC Page 6 of 6 28. 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 (Kalispell Subdivision Regulations, Section 3.18(E)) 29. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal. The minimum of two-thirds of the necessary infrastructure shall include the extension of water and sewer mains from the city to the site and necessary lift stations to transport effluent back to the city. On going conditions: 30. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) 31. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. IV. AMENDMENT OR MODIFICATIONS OF DEVELOPMENT AGREEMENT § 4.01 This Development Agreement may be amended or modified only, by application of the owner, in accordance with the procedures set forth herein. § 4.02 Application for amendment or modification may be made, to the City of Kalispell Site Review Committee, by any fee owner of a parcel in respect to the Subject Property. § 4.03 Modifications of this Development Agreement which are determined by the Site Review Committee to be minor modifications shall require only the consent of the Site Review Committee, and shall not require the consent or approval of the City Council or any other public agency. All amendments and modifications to this Development Agreement other than minor modifications shall require the approval of the City Council of the City of Kalispell. § 4.04 All applications for modification or amendment of this Development Agreement shall be filed with the Site Review Committee and the Site Review Committee shall promptly determine whether the modification is minor or major. DEVELOPER'S AGREEMENT/93 & CHURCH LLC Page 7 of 7 § 4.05 The Site Review Committee shall make its determination with respect to any application for a minor modification subject to this Section within fifteen (15) days after it determines the application to be subject to said minor modification. § 4.06 If the amendment or modification requested is of such a nature as to require approval of the City Council, the Site Review Committee shall refer the matter to the City Council within fifteen (15) days after it determines the matter requires Council review. § 4.07 The owner may appeal any decision of the Site Review Committee to the City Council, who may affirm, reverse or modify the Site Review Committee decision. V. CONSTRUCTION PERMITTING § 5.01 General Requirements No building permit in respect to the building in any structure shall be issued by the Building Department until the Director of Public Works has certified to the Building Department that the infrastructure improvements and roads as required herein substantially conform to the Site Condition requirements contained in this Agreement and that said improvements have been constructed or security guaranteeing the construction has been received by the City. IL For purposes of this Section, the "Security" required shall be in an amount equal to 125% of the developer's Licensed Engineer's estimate of the cost of constructing said improvements. VI. MISCELLANEOUS § 6.01 Effective Date This Agreement shall be effective immediately and shall remain in full force and effect until all parcels within the Subject Property are developed or until February , 2011, whichever occurs first. § 6.02 Severability In the event that any provisions of this Declaration shall be deemed, decreed, adjudged or determined to be invalid or unlawful by a court of competent jurisdiction, such provision shall be severable and the remainder of this Agreement shall continue to be of full force and effect. § 6.03 Recordation This Agreement shall be recorded along with the CC&R's with respect to the subject property. DEVELOPER'S AGREEMENT/93 & CHURCH LLC Page 8 of 8 § 6.04 Entire Agreement - Primacy This Agreement constitutes the entire agreement between the parties and may only be amended as set forth herein. In the event, during the term of this Agreement, there is a variance between the provisions of this Agreement and the CC&R's, filed with respect to the subject property, this Agreement shall take precedence. § 6.05 Binding Effect This Agreement shall be binding upon and inure to the benefit of the respective parties heirs, successors and assigns. Dated this [5-- day of February, 2008. 93 & CHURCH LLC Howard Mann, Managing Member CITY OF KALISPELL C STATE OF MONTANA ) ):ss County of Flathead ) James H. Patrick, City Manager On this A `-day of February, 2008, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Howard Mann in his capacity as Managing Member of 93 & CHURCH LLC, that executed the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. F,,bCfZ Notary Public State of Montana Residing at �� „ rJ?Z2Z',? � l My Commission Expires- / - DEVELOPER'S AGREEMENT/93 & CHURCH LLC Page 9 of 9 STATE OF MONTANA ) ):ss County of Flathead ) On this day of , 20_, before me, a Notary Public in and for the State of Montana, personally appeared JAMES H. PATRICK, known to me to be the City Manager of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposes therein set forth, and that he was duly authorized to execute the same on behalf of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at My Commission Expires DEVELOPER'S AGREEMENT/93 & CHURCH LLC Page 10 of 10 City of Kalispell Planning Department 17 - 2°d Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project /Subdivision Name:_Silverbrook Estates 0 - Contact Person: Name: _Wayne Freeman Address: CTA Bozeman 1143 Stoneridge Drive Bozeman, MT 59718 Phone No.: 406-922-7103 Date of Preliminary Plat Approval:_December 4, 2006 Owner & Mailing Address: Howard Mann 3154_Parkwood Ln Big Fork, Mt 59911 Type of Subdivision: Residential _X_Industrial Commercial PUD Other Total Number of Lots in Subdivision 107 Land in Project (acres) _73.08 Parkland (acres) _3.09! Cash -in -Lieu $_NA_ Exempt _NA No. of Lots by Type: Single Family _107 Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family Other Legal Description of the Property _Legal Description Attached FILING FEE ATTACHED $_ 14,225.00_ Minor Subdivision with approved preliminary plat $400 + $125/lot Major Subdivision with approved preliminary plat $800 + $125/lot Subdivisions with Waiver of Preliminary Plat $800 + $125/lot Subdivision Improvements Agreement $50 1 Attached Not Applicable (MUST CHECK ONEI _X Health Department Certification (Original) _X Title Report (Original, not more than 90 days old) _X Tax Certification (Property taxes must be paid) _X Consent(s) to Plat (Originals and notarized) _X Subdivision Improvements Agreement (Attach collateral) _X_ Parkland Cash -in -Lieu (Check attached) _X Maintenance Agreement _X Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 Copy 11X17 Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is 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 ccompanied with a digital copy. O Owner(s) Signature D to **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 CONSENT TO PLATTING Glacier Bank of Whitefish, being record owner(s) of an interest in that tract of land located in Section Thirteen (13), Township Twenty -Nine North (T. 29 N.), Range Twenty West (R. 22 W.), Principal Meridian Montana, Flathead County, Montana, platted by the annexed plat of A Subdivision Plat Silverbrook Estates Phase I, do hereby consent to the platting and dedication made and given by the Certificate and Dedication of said plat. STATE OF County of n 1 d Glacier B c of Whitefish Title: SS me on thin day of ��_� 2008, by This instrument was signed and sworn to be .� as �) `Lfore, �cz c/ cc��F�� of GlacierBank of Whitefish Printed Name L t )c(, 6 L UNUAL PITCHER _* NQTARiA � i NOTARY et �( TANa Notary Public for the State of SEAL - G at , mwtana can. ErasDw.v,XW Residing at My Commission expires / aZ - / `—/ - d V CONSENT TO PLATTING 93 and Church, LLC, being record owner(s) of an interest in that tract of land located in Section Thirteen (13), Township Twenty -Nine North (T. 29 N.), Range Twenty West (R. 22 W.), Principal Meridian Montana, Flathead County, Montana, platted by the annexed plat of A Subdivision Plat Silverbrook Estates Phase I, do hereby consent to the platting and dedication made and given by the Certificate and Dedication of said plat. 93 and Church, LLC Title: /K 4 �) d9 e r- 4-0 e r'n / e f— STATE OF McL_ SS County of 441" 54 . This instrument was signed and sworn to before me on this day of � ' r-U-A, 2008, by �. A4 ,/k f -,fj as A.a- aIty)g4jqof 93 an Church, LLC. i ! J Printed Name V' (�4q j a Notary Public for the State of ✓t_� __. Residing at o f/ v k c K l� My Commission expires V', U d Page 1 of 1 Nicole Johnson From: Wayne Freeman [waynef@ctagroup.com] Sent: Thursday, February 14, 2008 6:19 PM To: clincher@kalispell.com Cc: Debra Rosa; Sean Conrad; Nicole Johnson; hmann52@yahoo.com Subject: Silverbrook Estates Attachments: Subdivision Improvement Agreement-Silverbrook Estates-Wayne.doc Chad, It is my understanding that you want a construction item by item breakdown of what is included in Bid Package B - $1,186,800 and the Landscaping and Boulevard Trees - $580,000 as shown in Exhibit B attached. I trust the following information will suffice. Both items above have been successfully bid to contractors so an engineers estimate is not necessary. It is also my understanding that you hold a current set of plans titled Silverbrook Estates Phase 1, Bid Package #3, Bid set date November 9, 2007? Bid Package B includes all items shown on drawings L100 through L128 and 1200 through L208. Within these drawings you will find: all work associated with the park areas and open space and right of way and amenities, seating, basketball and tennis courts, asphalt trails and concrete walkways and decorative lighting. It is a lump sum project and not unit price. It is also comprehensive far outside the limits of what we are asking for Phase One Final Plat at this time. The $580,000 includes costs for 555 street trees as shown on the plans within Construction Package A within the same set of drawings. It includes all reseeding and plant material within the parks area for the parks within the development as well seeding within the boulevards within phase one final plat area. Hopefully this information clears up any confusion you may have about the project. Wayne Freeman Director, CTA LandWorks 1143 Stoneridge Drive Bozeman, MT 59718 406-922-7103 406-599-7109 (cell) 406-585-3031fax 2/15/2008 Mrp Montana Department of ENVMONMENTAL QUALITY Brian Schweitzer, Governor 109 Cooperative Way - Suite 105 - Kalispell, MT 59901.-2389 - (406) 755-8985 - FAX (406) 755-8977 Tim Ranf, P.E. August 14, 2007 Pioneer Technical Services, Inc. 201 East Broadway, suite C Helena, MT 59601 RE: Silverbrook Estates, Kalispell, MT EQ#07-2415 Lift Station and Force Main Approval Dear Mr. Ranf: I have reviewed the plans and specifications for the wastewater lift station and forcemains planned to serve Siiverbrook Estates, submitted under the seal of Timothy P. Ranf, PE #8742. The revised submittal was originally received on July 9, 2007, with City of Kalispell approval and revisions to the submittal received on July 13, 2007. Further, a deviation request regarding City of Kalispell wastewater collection system capacity was approved on August 14, 2007. The plans and specifications are hereby approved with the below listed conditions. One copy of the plans and specifications bearing the approval stamp of the Department of Environmental Quality (Department) is enclosed. A second set will be retained as Department Record. Condition One: This approval applies only to the Silverbrook Estates subdivision. While information and system sizing was presented relating to a larger development area along Highway 93, these systems will require separate, individual review and approval. Condition Two: Obviously, the water and sewer system of Silverbrook Estates cannot be put into use until the subsequent system components, submitted separately, along Hwy 93 have been reviewed, approved and installed. Please note that the Department recognizes the City of Kalispell will need to modify some downstream sewer collection infrastructure in order to accommodate this additional wastewater flow at full build -out. Through the information presented in the deviation request and meetings with the City of Kalispell Public Works Department, they have illustrated that they have adequately planned for these upgrades. Centralized Services Division • Enforcement Division • Permitting & Compliance Division - Planning, Prevention & Assistance Division • Rcmediation Division Silverbrook Estates, EQ 07- 2415 August 14, 2007 Page 2 of 2 Approval is given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. Prior to operation of the public water or sewer system, certification by the project engineer that the constructed system components were completed in accordance with plans and specifications must be submitted to the Department. Within 90 days following completion of the project, a complete set of "as -built" record drawings must be signed, stamped and submitted to the Department. It is further understood that construction will be completed within three years of this date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. This three- year expiration period does not extend any compliance schedule requirements pursuant to a Department enforcement action against a public water or sewage system. Please be aware that this project may need a storm water general permit, as disturbance will likely exceed one acre. Please contact the Water Protection Bureau at 406-444-3080 for more information. Sincerely, Emily J espie, PE Public er Supply and Subdivisions Bureau CC' City of Kalispell, Frank Castles CTA Project Engineer, Pat White Flathead County Sanitarian File 011- Montan a Department of ENTALQuAuTy Brian Schweitzer, Governor 109 Cooperative Way • Suite 105 • Kalispell, MT 59901-2389 - (406) 755-8985 • VAX (406) 755-8977 Tim Ranf, P.E. June 7, 2007 Pioneer Technical Services, Inc. 201 East Broadway, suite C Helena, MT 59601 RE: Silverbrook Estates, Kalispell, MT EQ#07-2413 Dear Mr. Ranf: I have reviewed the plans and specifications for water and sewer main extensions for Silverbrook Estates, submitted under the seal of Timothy P. Ranf, PE #8742, utilizing the certified checklist procedure. The submittal was originally received on May 18, 2007, with additions to the submittal received on June 6 and 7, 2007. The plans and specifications are hereby approved with the below listed conditions. One copy of the plans and specifications bearing the approval stamp of the Department of Environmental Quality (Department) is enclosed. A second set will be retained as Department Record. Condition One: This approval applies only to the Silverbrook Estates subdivision. While information and system sizing was presented relating to a larger development area along Highway 93, these systems will require separate, individual review. Condition Two: This approval applies only to the water mains and gravity sewer mains located within Silverbrook Estates subdivision. Approval of the sewer force mains, sewer lift station, well pumphouse and disinfection/treatment system is NOT granted at this time. Well drawdown and yield information for both wells, water rights information, handling of the elevated manganese in the water source, appropriate fees and revised plan sheets addressing the City of Kalispell revisions must be submitted prior to review of these subsequent components of the system. Condition Three: Obviously, the water and sewer system of Silverbrook Estates cannot be put into use until the subsequent system components mentioned above and forthcoming infrastructure along Hwy 93 have been reviewed, approved and installed. Condition Four: In reference to plan sheet WSD-2, please clarify with the construction contractor the requirements for pipe restraint, if the thrust restraint system (using Megaing retainer glands as shown in the details) is used in lieu of the conventional concrete thrust block system. Per manufacturer's recommendations, either a solid section of pipe must be provided within the required length of pipe restraint or in -line pipe restraint glands must be installed at each pipe joint within the required length of pipe restraint. Centralized Services Division • Enforcement Division • Permitting & Compliance Divisiou • Planning, Prevention & Assistance Division • Remediation Division Silverbrook Estates, Kalispell, MT June 7, 2007 Page 2 of 2 Please note that the Department recognizes that the "upper zone" of Kalispell does not have adequate storage to meet the requirements of DEQ-1, Chapter 7. However, the Department has been informed that all City well pumps and booster stations within the City of Kalispell have backup power and the City of Kalispell is in the process of constructing a 2,000,000-gallon storage tank to serve the upper zone and will bring that storage tank on-line within the next year. Approval is given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. Prior to operation of the public water or sewer system, certification by the project engineer that the constructed system components were completed in accordance with plans and specifications must be submitted to the Department. Within 90 days following completion of the project, a complete set of "as -built" record drawings must be signed, stamped and submitted to the Department. It is further understood that construction will be completed within three years of this date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. This three-year expiration period does not extend any compliance schedule requirements pursuant to a Department enforcement action against a public water or sewage system. Please be aware that this project will likely need a storm water general permit, as disturbance will likely exceed one acre. Please contact the Water Protection Bureau at 406-444-3080 for more information. Sincerely, Emily J le pie, PE Public er Supply and Subdivisions Bureau cc: City of Kalispell, Frank Castles Flathead County Sanitarian File Montana Department of ENwRONMENTALOUALITY Brian Schweitzer, Governor P.O. Box 200901 - Helena, NIT 59620-0901 - (406) 444-2544 - www.deq.nit.gov April 25, 2007 93 & Church, LLC Ron Profitt 3154 Parkwood Ln Bigfork, MT 59911 Moore Engineering, PLLC Ronald E. Moore 513 Hilltop Rd, Ste 7 Billings, MT 59105 Schellinger Construction Co., Inc. John Bauer PO Box 39 Columbia Falls, MT 59912 RE: Confirmation Letter for Receipt of Notice of Intent (NOI) Number AM102509 for the Silverbrook Estates Development Project in Flathead County(ies) Dear Permittee: This serves as confirmation that the Department received a complete Notice of Intent (NOI) Package on March 28, 2007, which listed you as an operator on the NOI Form for the storm water discharge associated with construction activity. A complete NOI package includes an NOI Form, a Storm Water Pollution Prevention Plan (SWPPP), and the appropriate fees (application and first year annual). Operators with a storm water discharge associated with construction activity are permitted under the 2002-2006 "General Permit for Storm Water Discharges Associated with Construction Activity" (General Permit) upon receipt by the Department of this complete NOI Package. Additionally, receipt by the Department of the complete NOI Package constitutes a full agreement by operators to meet and comply with all requirements stated in the General Permit. Please be sure to become familiar with the requirements stated in the attached General Permit. In particular, be sure to implement your SWPPP/ECP, develop and maintain Best Management Practices, perform required inspections, submit subsequent annual fees if necessary, and submit the required Notice of Termination (NOT) when the site achieves final stabilization. Failure to submit a completed NOT Form will result in assessment of annual permit fees, which must be paid by operators. A violation of, or non-compliance with, any provision of the General Permit is subject to enforcement action pursuant to the Montana Water Quality Act. General Permit coverage obtained through the submittal of this NOI does not waive obligations to obtain other permits or approvals that may be required. Should you have any questions, feel free to contact the Storm Water Program at (406) 444-3080. Since ly, Gail M. Faber Water Quality Specialist Water Quality Discharge Permit Section Water Protection Bureau Attachments: General Permit Enforcement Division • Permitting & C:ompliance Division • Planning, Prevention & Assistance Division - Remediation Division CITY OF KALISPELL To: Nye C. Johnson Planning Department From: Frank Castles, P.E. Deputy Puubli Works Di/Assistant City Engineer Date: Febnrary/W, 2008 Re: Subdivision Improvement Agreement — Silverbrook Estates, Phase 1 We have examined the proposed plat of the refierenced subdivision and have found the easements required by Condition No. 32 of the PUD (Ordinance 1597) are property shown on the plat. City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephane (406)758-7720, Fax (406)758-7831 July 10, 2007 Department of Environmental Quality Permitting and Compliance Division PWS/Cm 109 Cooperative Way, Suite 105 Kalispell, Montana 59901 Attention: Emliy Gillespie, P.E. Environmental Engineer RE: Silverbrook Estates, Phase I Kalispell, Montana Dear Max, This letter is to confirm that the City of Kalispell has reviewed and approvW the construction plans and specifications prepared by Pioneer Technical Services, Inc., for the wastewater pumping station and the sanitary sewer force mains. The Kalispell water distribution system and sanitary sewer system has adequate capacity to serve the project. Please feel free bo cap If you have any questions. SinSincerel Frank es, P.E. Deputy Public Works Director/Assistant City Engineer cc: Tim Ranf, P.E. Pioneer Technical Services, Inc P.O. Box 3445 Butte, Montana 59702 Erik Kirsch, P.E. CTA 1143 5tonerldge Drive Bozeman, Montana 59718 4, �4 r ' City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 July 10, 2007 Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Mt. 59901 Re: Silverbrook Estates, Phase I Kalispell, Montana Dear Dick, This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by Pioneer Technical Services, Inc., for the wastewater pumping station and the sanitary sewer force mains. The Kalispell water distribution system and sanitary sewer system has adequate capacity to serve the project. If you have any questions, please do not hesitate to contact this office. Since, el , Frank Castles, P.E. Assistant City Engineer cc: Tim Ranf, P.E. Pioneer Technical Services, Inc. P.O. Sox 3445 Butte, Montana 59702 Erik Kirsch, P.E. CTA 1143 Stoneridge Drive Bozeman, Montana 59718 City of Kalispell Public Works Department Post Office Boa 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 1W JUL 12C 700 July 10, 2007 Pioneer Technical Services, Inc. P.O. Box 3445 Butte, Montana 59702 Attention: Tim Ranf, P.E. RE: Silverbrook Estates, Phase I Kalispell, Montana Dear Tim: The construction plans and supporting documents for the referenced project are hereby approved for the wastewater pumping station and the sanitary sewer force mains. Attached is your- copy of the letter of approval sent to the Flathead City -County Health Department and the Montana Department of Environmental Quality. Approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the standards currently in effect. We look forward to working with you on this project. Sinter ly ,.. Frank Castles, P.E. Deputy Public Works Director/Assistant City Engineer Attachments: As Stated Cc: Erik Kirsch, P.E. CTA X143 Stoneridge Drive Bozeman, Montana 59718' City of Kalispell Public Works Department Post Mcc Sox 1997. Kalispell. ,Moninne 599D3-1997-Tcicphonc (406)758-7720, Fax (306)759-7831 June 6, 2007 Department of Environmental Quality Permitting and Compliance Division PWSJCSS 109 Cooperative Way, Suite 105 Kalispell, Montana 59901 Attaerition: Waller M. Lauder, P.E. Environmental Engineer Specialist RE: Silverbrook Estates, Phase I Kalispell, Montana Dear Max, This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by Pioneer Technical Services, Inc., for the water mains, sanitary sewer mains, and appurtenant items. This approval is not far the wastewater pumping station, the water well equipment, or the sanitary sewer force mains. The Kalispell water distribution system and sanitary sewer system has adequate capacity to serve the pro jeM Please feel free to call if you have any Questions. Sincerely Frank sties, P.E. Deputy Public Works Dkector/Assistant City Engineer cc: Tim Ranf, P.E. Pioneer Technical Services, Inc. P.O. Box 3445 Butter, Montana 59702 City of Kalispell Public Works Department Post Office Box 1997. Kalispell, ltifamm 59903-1997 - Talcomme (406)758-7720. Fax (406)758 7831 3une 6, 2007 Dick Montgomery, R.E. Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Mt. 59901 Re: Silverbrook Estates, Phase I Kalispell, Montana This letter is to confirm that the City of Kalispell has reviewed and approved the construction plates and specifications prepared by Pioneer Technical Services, Inc., for the water mains, sanitary sewer mains, and appurtenant items. This approval is not for the wastewater pumping station, the water well equipment, or the sanitary sewer farce mains. The Kalispell water distribution system and sanitary sewer system has adequate capacity to serve the project. if you have any questions, please do not hesitate to contact this ice. Since Frank Castles, P.E. Assistant City Engine; cc: Tim Ranf, P.E. Pioneer Technical Services, Inc. P.O. Boot 3445 Butte, Montana 59702 City of Kalispell Public Works Department Post office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 June 6, 2007 Pioneer Technical Services, Inc. P.O. Box 3445 Butte, Montana 59702 Attention: Tim Ranf, P.E. RE: Silverbrook Estates, Phase I Kalispell, Montana Dear Tim: The construction plans and supporting documents for the referenced project are hereby approved fro the water mains, sanitary sewer mains, and appurtenant items. This approval is not for the wastewater pumping station, the water well equipment, or the sanitary sewer force mains. Attached Is your copy of the letter of approval sent to the Flathead City -County Health Department and the Montana Department of Environmental Quality. Approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the standards currently in effect. We look forward to working with you on this project. Sinoqe 4Y, F Ankstles, P. . Deputy Public Works Director/Assistant City Engineer Attachments: As Stated P..O Box 3445, Butte, 'MT 59702 T 'C IG L:SFRYIC'Ef; WC. www.pioneer-techriical.com February 1.,,2068 Frank Castles, P.E. . Deputy Public Works Director City of Kalispell, Public Works Dept 306'1" Avenue East PO Box 1997 - Y ispell, MT .59903 ..RE: Silverbrook Estates Sanitary Sewer and Water Distribution System Certification Dear. Frank, This Ietter is to certify that all sanitary, sewer, and water distribution system infrastructure improvements constructed to date at Silverbrook Estates" Subdivision that have been the responsibility of 93&Church, LLC have.been constructed in accordance with the Contract Plans and Specifications and more specifically Montana Public Works Standard Specifications and City of. Kalispell Design and Construction Standards: Sanitary Sewer and Water Distribution System Certification: * ' TI y v 42 1 ONAL Z/i 1yAii}�uti 8 HFLENA BUTTE ANACONDA. 201 East Broadway, Suite C 631/2 wesf Broadway 307 East Park Street, Suite 303 Helena, MT. 59601 Butte, MT 59701 Anaconda, MT 59711 Phone (406) 4574252. -' Phone (406) 782-5177 Phone.(406) 563-.9371 Fax (406) 442-1158 Fax (406) 782-5866 Fax (406) 563-9372 . 100%pwt-com mer paper & 100%wgarable-bated inb - . Montano Department of lronsportamt ►>n, lyncn, ,; 2701 Pros pect Avenue Orion Scnwertaer, Governor PO Sax 201001 Helena MT S%20-1001 January 25, 2008 Ron Profitt 93 and Church, LLC 3154 Parkwood Lane Big Fork, MT 59911 Ron, attached are two (2) original copies of the Memorandum of Understanding (MOU) between Church and 93, LLC and MDT complete with signatures for legal and civil, rights sufficiency. Both copies must be signed and returned to MDT for Final signature by MDrs Director. It should be noted the MOU specifies that payment for participation in MDT"s project must be sent to MDT at the time the developer signs and returns the agreement to MDT. Upon verification of funding and signature by the Director of MDT, we will return anoriginal copy of the MOU to you for your records and close the review for this development. The developer will receive a final letter from MDT closing the review with final instructions for issuing the permit if you have any questions, please don't hesitate to call me at 444-9416 Sincerely, t� Mike TierneyPlanner Program & Policy Analysis Bureau Rail, Transit and Planning Division Copies: Sandra Straebl, Rail, Transit and Planning Division .Administrator Dwane Kailey, P.E., District Administrator — Missoula Lyle Manley, Legal Counsel Stephen Herzog, P.E., Maintenance Chief— Kalispell Area Danielle Bolan, P.E., Traffic Engineer James Freyholtz, P.E., Traffic Engineer - Kalispell Area Office Jim Skinner, Manager - Program and Policy Analysis Bureau Fred Benre, Consultant Design Project Manager Greg Pizzini, Access Control Manager Rai, Tmnsit and Plonneig Dmsm An Equal Opportunity Employer 10"W: (80017144296 Phone: ►4061444-3423 TRY: 180Q1335-7592 Fox: 14061444-7671 Web Pape., www.mdt.mtgov 1352 MONTANA DEPARTMENT OF TRANSPORTATION Date Type Reference Original Amt. 1/29/2008 Bill 28075 298,818.00 1129/2008 Balance Due Discount 298,818.00 Check Amount Payment 298,818.00 298,818.00 GLACIER BANK OF Acct. Rea no 28075-MOU January 2008 298,818.00 THE MONTANA► DEPARTMENT OF TRANSPORTATION m 93 AND CHURCH, LLC FOR January 2008 `x City of Kalispell Public Works Department „w Post Office Box 1997, Kalispell, Montana 59903-1.997 - Telephone (406)758-7720, Fax (406)758-7831 January 29, 2008 Pioneer Technical Services, Inc. P.O. Box 3445 Butte, Montana 59702 Attention: Tim Ranf, P.E. RE: Silverbrook Estates, Phase I Kalispell, Montana Dear Tim: The construction plans and supporting documents for City owned and maintained infrastructure within the referenced project (Phase I) are hereby approved. Approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the standards currently in effect. We look forward to working with you on this project. Sincer y, ,..- Frank Castles, P.E. Deputy Public Works Director/Assistant City Engineer MOORS ENGINEERING, PLLC 513 Hilltop Road, Suite 7 Billings, Mr 59105 February 1, 2008 Frank Castles Deputy Public Works Director Assistant City Engineer P.O. Box 1977 Kalispell, MT 59903 RE: Silverbrook Estates Infrastructure: This letter is to certify that all roadway, stormwater, signing and other infrastructure improvements constructed to date that have been the responsibility of 93&Church, LLC have been constructed in accordance with the Contract Plans and Specifications and more specifically Montana Public Works Standard Specifications and City of Kalispell Design and Construction Standards. Roadway & Stormwater Certification: Mr. I -rant: Assistant CM, Engineer I'uhlic \ '()rks Deparrtnent ('itt' of 11"alispcll 116 1 \v enti Fast. 11"alisl)ell, M-1 79903-1997 RE: Highway 93 Wastewater & Water System Extensions, Kalispell, Montana. Mr. Castles_ I certify in accordance with City of Kalispell Ordinance # 1597 and PUD Condition No. III; that the water and sewer mains for the project referenced above have been constructed in accordance with the Plans and Spec 1 fications as approved by the City of K.alispell's enclosed letter, dated August 14, 2007. lrurthernyore, the construction of the improvements meets the Ordinance #1597 and PUD Condition No. 36, whereby more than two-thirds of the infrastructure is complete to the percentages presented below. Schedule 0 — General Requirernenrs 9-5" 41 Schedule l ravm' ScmGrr 93",, Schedule 2 - North Sewcr Force Main 96' a Schedule 3 - South Sewer Force Main 490, Schedule 4 1.& Station 61" o Schedule y - tk`ater Tun f�tension 1001". Sule 0 - 1 a?i c r_C. c>n,tir) >I C[1C� ched ^ Total Complete 87% When the Highway 93 infrastnicture improvements are complete, tested and accepted, As -Constructed Plans will be submitted as regtIired to the City of Kalispell and Montana Department of Environmental Quality. I f' you have any questions please feel free to call. Sulcerch ' 4VX4 - Pahtck .1. `bite, P.E. Senior Project 49anq.,er FncL Kalispell Approval letter. i! Ili.: I I ' %) `a 1 ii , . , 7 i , ,..... {........,. r N, {i 1 S vi f S 101) 'r"t, i Rox 1479 • 3iI ,,. 9107 4,06 , ' + -'$€t _ ?. Z. <.« #�City of Kalispell Public Works Department •• Post Office Box 1997. Kalispell, Montana 59903-1997 - Telephone (406) 758-7720, Fax (406) 758-7831 1W August 14, 2007 Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Montana 59901 Attention: Dick Montgomery, P.E. RE: Silverbrook Estates U.S. 93 Utility Main Extension Kalispell, Montana Dear Dick, This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by CTA Architects and Engineers, Inc., for the eater main(s), sa€titaty sewer main(s), sewer force main(s), sewage pumping staticii and appurtenarit «: as. The Kalispell water distribution system and sanitary sewer system has adequate capacity to serve the project. Please feel free to call if you have any questions. 7Fnk Castle , tE— Deputy Public Works Director/Assistant City Engineer cc: Pat White, P.E. CTA Architects and Engineers, Inc. P.O. Box 1439 Billings, Montana 59101 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT HELENA REGULATORY OFFICE 10 WEST I STREET, SUITE 2200 HELENA MT 59626 February 13, 2007 Helena Regulatory Office Phone (406) 441-1375 Fax (406) 441-13 80 RE: Corps File No. NWO-2008-416-MTH . Silverbrook Estates Subdivision 93 & Church, LLC Attn: Mr. Howard Mann 3154 Parkwood Lane Big Fork, Montana 59911 Dear Mr. Mann: We have reviewed your information for the above referenced project. The proposed project is located in Section 13, Township 29 North, Range 22 West, Flathead County, Montana. Based on the information provided, there is no activity in a water of the United States associated with your project. Therefore, no Department of the Army permit is required for this project. However, this does not eliminate the requirement to obtain other applicable federal, state, tribal and local permits If you have any questions, please call Vicki Sullivan of this`office at (406) 441-1375, and reference File No. NWO-2008-416-MTH. Cc: CTA LandWorks Group Attn: Ms. Debra Rosa 1143 Stoneridge Drive Bozeman, Montana 59718 Sincerely, Allan Steinle Montana Program Manager Printed on Reeyded Paper Page 1 of 1 Nicole Johnson From: Freyholtz, James Ufreyholtz@mt.gov] Sent: Friday, February 15, 2008 11:30 AM To: Nicole Johnson; Sean Conrad Subject: Silverbrook Estates Subdivision - access Attachments: letter -final comments.PDF The Montana Department of Transportation (MDT) has completed the review process for access onto US 93 for the subject subdivision. MDT has agreed to permit an access on US 93 for Silverbrook Drive. The MDT Kalispell Area Office will issue the finalized permit as a public approach at Station 29+60 on US 93. Attached is a letter to the developer, dated February 5, 2008, describing conditions of the permitted approach. Please feel free to contact me if you have any questions. James Freyholtz Kalispell Area Traffic Engineer Montana Department of Transportation (406) 751-2000 2/15/2008 Mo»fvna Dement of Transportation Jun Lynch. Director WW"'WYPf-xftVrtlB6' ~2701 Prospect Avenue Brian Schweitzer, Governor PO +box 20 100t Helens MT 59620-1001 February 5, 2008 Wayne Freeman Director, CTA LandWorks 1143 Stoneridge Drive Bozeman, MT 59718 Subjecr. Final Comments Silverbrook Subdivision AWroach Permit to L, 93 ;65.71.419,01� Wayne, the Montana Department of Transportation (rvfDT) has completed the review process for the requested access permit on US 93 for the Silverbrook Estates Subdivision We have the following comments and instructions: 1. The following conditions/ language will be placed on the permit for Silverbrook Drive: The approach to Silverbrook Drive will be restricted to vehicles smaller than a WB 40. Per the M4U, MDT must approve the signage used prohibiting the vehicles including vehicle size, The developer will not be allowed to indicate Church Drive is the truck route for the subdivision. The developer must convey its access rights on US 93 to MDT. MDT will provide the deeds for signature in the near future. + By accepting the permit the developer agrees to obliterate the temporary approach on US 93 to the subdivision office facility. The developer further agrees to coordinate with District as to when this approach will be obliterated so as not to cause conflicts with MD rs access control or Stillwater paver North Project. • By accepting the permit the developer agrees that any damage done to MDT facilities or adjacent landowners as a result of the developer's design or construction is the sole responsibility of the developer and that MDT will not be liable for damages. The developer will be responsible for the development and implementation of adequate remedial measures 2. Prior to construction, the developer must contact James Freyholtz at the Kalispell .'area. Office for permission to enter MDT right of wav to construct the proposed approach. 3. The developer will be required to submit a traffic control plan for the proposed work in MDT right of way to the Kalispell Area Office. 4. Upon successful completion of the inspection of the constructed approach to US 93 the Kalispell Area Office will at its discretion issue the developer the permits for the requested approaches. 5. - -set of electronic as-builts must be submitted by the developer following completion of the construction to the Kalispell area Office. Program 11 hbkyAnalysis Bureau An Epuot Oppodunity Ernv!oyer Rall Transd and Planning DV son Phone. i406) 444--3423 ITY (800) 335-7392 Fax: 406) 444-7671 Wet Page: mm matsute.Mt.vs 6. The developer must coordinate with the Kalispell Area Office to schedule MDT personnel needed to inspect and approve the approaches. 7. An original signed copy of the MOU between MDT and the developer has been attached for the developer's records. If you have any questions, call Mike Tierney at (406) 444-9416. i cerelly, P na net, an-ager P �r & ram , ramPoficyAnalys',s Bureau Copies: Dwane Kailey, P.E., Missoula District Administrator Stephen Herzog, RE., Kalispell Area. Maintenance Chief Danielle Bolan, P.E., Traffic Engineer James Freyholtz, P.E., Kalispell Area Traffic Engineer Mark Goodman, RE., Hydraulics Engineer Dave Hedstrom, P.E., Hydraulic$ Operations Engineer Tom Hansen, P.E., Environmental Services Supervisor Mike Tierney, Systems Impact Coordinator KALISPELL FIRE DEPARTMENT 312 First Avenue East Randy Brodehl — Fire Chief Dan Diehl — Assistant ChieflOperations VKalispell, PO Box 1997 Montana 59901 (406) 758-7760 DC Haas —Assistant Chief/Prevention FAX: (406) 758-7952 Tim Soule —Training Chief y F www.kalispell.com February 15, 2008 CTA LandWorks Group ATTN: Wayne Freeman 1143 Stoneridge Drive Bozeman, MT 59718 Re: Silverbrook Estates, Phase I Dear Mr. Freeman, In response to your request for approval of the above -referenced project, our department approves final plat for Silverbrook Estates, Phase 1, with the following information and conditions: ❑ Fire flows are approved based on available hydraulic modeling. Actual fire flows will be field verified when the water system is fully charged. ❑ Fire hydrant locations are approved by this department. ❑ Fire department access is approved. ❑ Street naming and addressing is approved. ❑ It is understood no combustible construction will commence prior to field verification of adequate fire flows and installation of street name signage. Please contact me if you have any questions. Sincerely, F. Ray Ruffatto Deputy Fire Marshal cc: Tom Jentz, Kalispell Planning Office Craig Kerzman, Building Official "Assisting our community in reducing, preventing, and mitigating emergencies. " MEMORANDUM February 15, 2008 To: Jim Yarbrough, CTA Architects / Engineers From: Fred Zavodny, Kalispell Public Works Re: Silverbrook Estates Phase 1 — Street Names AanAd s g F. Ray Ruffatto from the Fire Department I have reviewed the street names and addresses for the Silverbrook Estates Phase 1 Subdivision and find them acceptable. 35 Vt Ave East — P O Box 1997 — Kalispell MT 59903-1997 Phone: (406) 758-7960 Fax: (406) 758-7719 Email: cfincher@kalispell.com January 17, 2008 CTA Architects, Engineers 1143 Stoneridge Drive Bozeman, MT 59718 Phone: 406-556-7100 Re: Silverbrook Estates To Whom It May Concern: This letter is to serve as approval on the proposed landscaping plans for Silverbrook Estates per the plans submitted by your office. It is agreed that if the project is extended, the developer will be responsible for bonding for landscaping improvements as specified on the submitted plan for the Silverbrook Estates. Tree plantings are required to meet the Street Tree Ordinance standards of 2 %" caliper and of an approved species from the Kalispell Parks department planting list. Boulevards are to be seeded or sodded to meet city standards. The bike trail will need to be a solid surface (concrete or asphalt) with the exception of the path that leads down to the Stillwater River. This section of bike path will be of compacted crush gravel and overlaid with Polypavement in accordance to manufactures recommendation for bike and pedestrian paths. It is also agreed that the developer will substitute out the Patmore Green Ash for another species off of the acceptable plantings street tree list. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings, at which time bonding and/or letter of credit would be released if it is in place. 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. It has been enjoyable working with you, if you have any concerns or questions please give me a call. Sincerely, Chad Fincher, Parks Superintendent Kalispell Parks and Recreation CC: Tom Jentz, Kalispell Planning 35 1" Ave East — P O Box 1997 — Kalispell MT 59903-1997 Phone: (406) 758-7960 Fax: (406) 758-7719 Email: cfincher@kalispell.com February 8, 2008 CTA Architects, Engineers 1143 Stoneridge Drive Bozeman, MT 59718 Phone: 406-556-7100 Re: Silverbrook Estates To Whom It May Concern: This letter is to serve as approval on the landscaping plans for Silverbrook Estates Phase #1 per the plans submitted by your office. Trees & Boulevards Tree plantings are required to meet ISA standards for planting and the Street Tree Ordinance standards of 2 '/" caliper and of an approved species from the Kalispell Parks department planting list. Boulevards are to be seeded or sodded to meet city standards. It is also agreed that the developer will substitute out the Patmore Green Ash for another species off of the acceptable plantings street tree list. Bike Trails The bike trail will need to be a solid surface (concrete or asphalt) with the exception of the path that leads down to the Stillwater River. This section of bike path will be of compacted crush gravel and overlaid with Polypavement in accordance to manufactures recommendation for bike and pedestrian paths. All trails will be constructed to AASHTO Standards. Parks The parkland looks to be well planed and utilizes different amenities that will improve the quality of life for the residents of this subdivision. Park Amenities The Parks Department understands the handicap accessible fall surfacing will be engineered wood fibers. We also understand that the playground equipment will be supplied by PlaySpace Designs and will be composed of Kompans GXY 902 Enif, GXY 8016 Spica, GXY 8014 and a GXY 916 Supernova. The Parks Department encourages the developer to look at their demographics to see if a playground for children aged 2-5 is warranted. The Parks Department recommends, if found warranted, in the next phase a playground be designed for the two to five age groups. 35 15t Ave East — P O Box 1997 — Kalispell MT 59903-1997 Phone: (406) 758-7960 Fax: (406) 758-7719 Email: cfincher@kalispell.com Final approval will be given upon completion, inspection and approval of the landscaping, tree plantings, and other items associated with Bid Package B at which time bonding and/or letter of credit would be released if it is in place. 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. It has been enjoyable working with you, if you have any concerns or questions please give me a call. Sincer r Chad Fincher, Parks Superintendent Kalispell Parks and Recreation CC: Sean Conrad, Kalispell Planning Mike Baker, Parks and Recreation Director (2/8/2008) Jim Yarbrough Fwd RE: Silverbrook Estates Page 1 ! From: Marjorie Hennessy To: Jim Yarbrough Date: 2/8/2008 1:16 PM Subject: Fwd: RE: Silverbrook Estates Hi Jim: Deb asked me to froward this to you. It is an email confirmation from Larry at the Flathead Conservation District that we do not need any 301 permits for the construction of our trails in the Silverbrook Project. Let me know if you have any questions. thanks Marjorie >>> Marjorie Hennessy 2/4/2008 4:10 PM >>> Hi Larry: thanks again for taking time to review the project and having Frank review it as well. Based on your email we are moving forward with the project and the understanding that no further permits or documentation are needed from the Flathead Conservation District. Thanks again for all of your assistance. Marjorie Marjorie Hennessy CTA Landworks 114:7 `->toneridge i:7ri.ve= Bozo.rrtan, N1or1teu1t, 591.18 Office: 40o.5ncr.7l00 Di rec t:400.911-71.16 Fax: 406. 85,1031 e-mail marjorieh,!ctagroup corn WWW.ctagrour.com I httio://www.cta(:Iroup.com/) PPlease consider the environment before printing this e-mail >>> "Larry Van Rinsum" <fcd@diclisys.net> 1 /29/2008 10:30 AM >>> Marjorie, I spoke with Frank DeKort, the supervisor of the area in which your development is located and showed him your plans. As I suspected, he did not feel that you needed to apply for a 310 permit for the walking trail. So please proceed with your project and contact me if you have any questions! Thanks, Larry From:Marjorie Hennessy [mailto:marjorieh@ctagroup.com] Sent: Tuesday, January 22, 2008 11:09 AM To: fc�digisys.net Subject: Silverbrook Estates (2/8/2008) Jim Yarbrough - Fwd RE: Silverbrook Estates f _. Page 2 Hi Larry: Attached are 4 PDFs for the Silverbrook project. One is an overall of the project site, with sheets Ll 18, L119, and L124 noted in the Southwest corner of the site. These sheets are the location for the poly -pavement trail application we are proposing. I have also included those sheets at a closer scale for your review. As per our conditions of approval we have to check with you to verify if any 301 permits are required. Would you be able to provide a brief letter of acknowledgment or do you have a form that states we have provided you with the information? Please let me know if you have any questions, any problems with the files, or require more information. thanks again Marjorie Marjorie Hennessy CTA Landworks l.:l t:3 ttm.ericil;e Drive Bozenwn, Nlont is 5971.8 Office: 4()6,556.71()() Direct:406.922.711.6 Fax; 406.58,530 31. e-mail: mac orieh@ctagroup.com. www.ctagroup.com j http:JJwww.ctagroup.com/ ) PPlease consider the environment before printing this e-mail 01/30/2008 10:21 4067550376 FLATHEAD PAGE 01 FLATHEADS STATION 248 FIRST AVENUE WEST KALISPELL MT 59901 January 30, 2008 To Flathead County Planning Board,, Re: Silverbrook Estates To Whom It May Concern: The above referenced project has been reviewed. A suitable location for mail delivery has been established, Centralized boxes will be installed with a turnout 10 feet wide and 20 feet long for the carrier to service and leave these boxes. The developer will be responsible for purchasing the CSUs. The Developer or homeowners individually or collectively will be responsible to keep the roadway and area to the boxes clear of ice and snow. If you have any questions please feel free to call me at (406) 755-0187. Sincerely yours: Elden Marvel Manager Customer Services (400)-75"187 Fax: (408}785.0978 ippiication and Certificate For Payment Page t To Owner: 93 AND CHURCH LLC project: SILVERBROOK ESTATES Application No: B Date: 12/30/2007 3154 PARKWOOD LANE BIGFORK, MT 59911 Period To: 12/30/07 Architect's Ptuject No: From Schellinger Con to Co., Inc. Contractor job (Contractor): PO Box 39 2025 shvi iliftitect): Contract Date: Columbia Falls, MT 59912 Contra- For: Phone: 406 892-2188 Contractor's Aoolication For Pavment Change Order Summary Additions Deductions Change orders approved in previous months by owner 2,742,044.54 -43,373.26 Date Number Approved Change CR 7 12/25/07 orders 72,922.33 approved this month Totals 72,922.33 Net change by change orders 2,771,593.61 The undersigned Contractor certifies that to the best of the Contractor's knowledge, information, and belief the work covered by this Application for Payment has been completed In accordance with the Contract Documents, that all ..aunts have been paid by the Contractor for work for which previous Certificates for Payment Were Issued and payments received from the Owner, and that wrrert payment shown hemin Is now due. contras - BY: Data: state af: County of: subsolbed and sworn to before me this _ day of (year). Notary public: My mrrvnksion espies Original contract sum 15,920,835.90 Net change by change orders 2,771,593.61 Contract sum to date 18,692,429.51 Total completed and stored to date 12,860,141.45 Retainage 5.0e/ of completed work 643,007.07 0.0% of stored material 0.00 Total retainage 643,007.07 Total earned less retainage 12,217,134.38 Less previous certificates of payment 11,483,243.28 Current sales tax 0.000% of taxable amount 0.00 Current sales tax 0.00 733,891.10 Balance to finish, including retainage 6,475,295.13 Current payment due Architecrs Certificate for Payment In accordance with the Contract Document,, based on on -site observations and the data comprising the above application the Architect certifies to the Owner that to the best of the Architect's knowledge, Information and betlaf the Work has progressed as indicated, the quality of the Work is In accordance with the Contract Dacuments, and the Contractor is entitled to payment of the Amount Certifled. Engineer: ArohRecht: Owner: By: Date: By: Dale: By: Data This Cenificatien is not negotiable. The Amount Certified is Payable Only to the Connector named herein. Issuance, payment, and acceptance of payment are Without prejudice to any rights of the Owner or Contractor under this Contract. Application and Certificate For Payment -- page 2 To Owner: 93 AND CHURCH LLC Application No: Date: 12/30/07 Period To: 12/30/07 From (Contractor): Schellinger Controlr Co., Inc. Contractor's Sob Number: 2025 Project: SILVERBROOK ESTATES Architect's Project No: VVork Completed IlVork Cmmpitetl arW Stored To Data Pr-i- AppMmd- This Peri ri d Rem unit Contract Scheduled Number - Desuiptbn Pa. Quanft um Value QuantILY Amount t"-w Amount Quantity Amount % Retentbn Name 00 010 Cenral It q k.. a 80.000.0000 1.000 LS 601000.00 t00.00% 60,9w.00 GAO% Moo 100.00% 80.000.00 1000 3,0D0.00 Ott Mobi[alioNOemobB 2albn e0.00D.0000 1.000 LS 80.000.00 100.0014 60.000.00 GAO% D.00 100.00% 90,00who 108.0 4.000.00 012 1- Goods Insua- 0.000A000 1.000 LS 151000.00 100.00% 16,000.00 0100% M00 100.00% 156000.00 1wA 750A0 013 Erosion Control 110,000.0000 1.000 LS 110,000.Da 8500% 93,SW.00 DAD% 0.w IN=% 93=00 $5.0 4,675.00 oft Ear Mork-Topwil-RosdWry Subwede 2,127,185.0000 1A1111 LS 2,127.185.00 95.00% 2AW.825.75 0.00% obo 9600% 2,MDA25.75 B5.0 101,041.29 016 HYDROSEE D MI NG) 110.000 AC 105,900A0 130.800 129,2".00 .WO am 131800 12 ASUD 118.7 5,46470 at$ DRILLSEEO 550.000D 1.000 AC S50.00 74.000 7.700.00 .000 am 14" 7,700.00 1.400.0 3" 017 REMOVALEROS. SEED -1A000 250w.000 UN -25.006.00 25WO WO -25AOOA0 .000 0.01) 25000.000 46,000.00 t00A -1.250.00 100 MObirWrl Boads a Oeurane5 205,000A000 1.000 LS 205,000.00 100.0% 205,41M0.00 0.00% 0L0 ICO.DO% 206A00.00 100.9 101250.00 102 UnchesIAW M." fun- Sim 10Y2 ow CY 74,256.00 10820.000 74.250.00 .000 0.00 10920.000 742MO 100.0 3.7128a chump om tOd COM01a Grading lPon us a Banco) e50DD 25000A00 CY lazat0A0 15320.720 119,143.19 -71820W -419483A0 11147.720 72.460.15 44.6 3,623A1 ta4A POND EXC.-REVISED 45000 15607.0001 CY 70.591.90 A00 0.00 15687.000 70.691.50 15687.000 70.691AO IOU 3,528.58 105 Asphuk8M3TC1ea9C-4 (2 1.3000 IDIOM 00 SF 1.301.411.00 227228.000 295.396.40 .000 0.00 2272ZL000 295FMAO 22,7 14,769.82 Chia) 107 314 Crushed G-1 Buse Comae 309000 21322Aw CY 650,717.60 14465.000 445,522w .000, 0A0 144MMM 445.522.01) 67.6 22,276.10 IGO 3 Mhos Pk Run Sol ad 21.000 42868.000 CY 9311,0107.111) 33068.000 722,317.30 .000 0.00 33055A00 7ZZ317.30 76.9 36,11SA7 swMase Ila G.t.Mb Fabdo t.5000 120wAw SY 18.000.00 434.470 651.71 A00 0A0 434A70 651.71 3A 3259 ill 4 TNGC Coruabls Sl dawa0r-S 3.700 sm.am SF 244200A0 350113.000 129,548.10 AN 040 35013.000 12B,540.10 53.1 6.477,41 vow 112 4 Thidk Conatte Sid&WA-S' 3.7000 MIND.= SF 1,546.60011) .000 0.00, .000 OAD .000 0.00 0.0 0.00 Wde Ila Smndrd Cwb 13.9000 111100.000 LF 251,690.w 16551.000 2161158.90 .ODD 0.00 15561.000 816.169,90 85.9 10.807.0 114 Spit Cwb 13.9000 111100.0111 IF 154,290.00 9036.000 124,210.40 .000 0.00 6936.000 124Z2.40 BOB 6.210.62 115 KdWW Roll Cub 13.7000 41800M) LF 672,860.00 .000 0.00 .000 D.00 An 0.00 0.0 OAO 118 TroMa Control Dew oes SDA00.01,00 1.000 LS SOA00.D0 5.00% 2,600.00 MW% 0.00 5A0% 2.W0.90 &a 125AD 117 T1u8R Cwftl DaW as WFIbia- 2.050.0000 20.000 DAY 41,000.00 10.500 21,625.00 .000, 0.00 10.500 21,525.00 525 1.07625 120 4 PVC Sch" Gas W ft Coud i 13.0000 100,000 IF 181600.00 024.000 10.712.00 60.000 700.00 $04.000 11ASZOO 58.0 574.60 121 T-W d Dame Pod amps 3311DOW 75400 EAC 24,750.00 B.ow 2,840.00 .131)(1 OAD B.000 2,640.0) 10.7 132.00 im 4 SCH40 PVC IRRIGATION 13.0000 Z030.00 LF 28.390.00 1276A00 1u,5u8.00 .000 0A0 1276.000 16.685.00 828 82BAO SLEEVES 123 12 SCH40PVCIRRIGATION SLEEVES Z3ADDO 1D50.001) LF Z4,1som 14882w 34,224.00 .wo MIX) 1408.ODD 34,224.00 141.7 1.711.20 124 RDWYSTRP-4•YELLOW O.BwO 90110.000 SF 7,9M.00 104MODO 9.224.16 .000 0.00 1048ZDDO 9,22d.10 116.6 46121 Application and Certificate For Payment -- page 3 To Owner: 93 AND CHURCH LLC Application No: 8 Data: 12/30/07 Period To: 12/3D/07 From (Contractor): Schellinger Constr Co., Inc. Contractor's Sob Number: 2025 Project: SILVERBROOK ESTATES Archlipurs Project No: Work Completed Work Golnpleted CamOkted aM Stated To Data Pmvioa , Application -1. Period Imm Unit Contract Scheduled Number Description Prim Qa flty UM Value Quantity Amount Quantity Amount Quantity Amount % Itetentlan Me- 126 RDWY STRPd WHITE SAM 13500.000 SF 11280ho 9895.000 8.707.60 .000 0.00 9895.000 8.707.60 73.3 435A8 125 RDWY STRP-WRDMYM 3.WW 450MO SF I150ho 309.800 OZAD .D00 OAO 306A00 OWAD 682 46.02 127 RDWY MONSSTOP SOOAODO 16.000 FA BAUO.00 .ODD 0.00 .DOD 0100 .000 0.00 OA GAD 128 RDWY SIGNS4PEED $00.0000 5.000 EA 2.500.00 .ODD DAD .000 0.00 ADO, 0.00 0.0 OAD , 120 RDWY SWN"TR NAME 350.0000 7OA00 EA Z4,500A0 ADD 0.00 .000 DAO Aw O.DD DA 0.00 130 DUST ABATEMENT 1A000 5510.420 LIN SAIOA2 5510A2D S,SIDA2 .WO 0.00 6510A20 6510.42 Inch 275.52 2D2 We9 Naun(Bulding Cl9y) 64,660.0000 t.000 LS 64,850.00 0.00% DAG 0.00% 0.00 0.00% 0.00 O.D Man 2D3 14 AWWAC-9DSCl-ISO 37.7000 9259AN LF 349,064.30 B882A00 3U.951.40 .ODD 0.00 8892000 334,8.51A0 e&9 15.742S7 PVC Water Main 204 5 AWWA C4100 Class 150 PVC 26.ODDO 19463.000 LF 544,684.00 19911.000 567,50B.00 290D0 111200 19B40.ODO 51511,329.01) 102.5 27,916.00 Water Mein 205 14 BUlleftvaw 3,000.0000 28.000 EA 84,D00.00 26.000 75,000.00 .000 040 25.000 75,000AD B92 3.760,00 206 14 X14 X 8 X B DI C- 1,720.0000 1.000 EA 1.720.00 Latin 1,720.00 A00 0.00 1.000 1.720.00 100.0 85.00 207 14 X14 X14 DITee 1.eW.0000 $A110 EA 8,000.00 4.000 8.400.00 AOO, am 4.000 BADOAD =0 320.00 2D8 14 X14 XB OITes Ixom000 6.000 EA 6.Ic0A0 6.000 8,100.00 A00 O.DO 6.000 8.100.00 100.0 40&00 200 14 X8 Ol Reducm 760.000D 3.000 FA 225OAD 3.000 2280.00 JIM 0.D0 5000 2260.00 100A 114.00 210 1490 Degree DI Elb ow 1.075.00010, 1ADD FA 1,075A0 1.000 11075.00 ADO DAO 1.000 t,075.00 100.0 63.76 211 14451)ptee0l Elborr 925.0000 eA00 FA 5,55&OO B.000 8.325.00 A00 0.00 9.000 8.32540 150.0 41626 212 14225 Degree O1 E1bow 925.0000 14AW EA 1225D.D0 12.0011 11,100.00 .000 0.00 1LD00 11,100.00 85.7 655A0 213 141125 Degree DI Elbow 925.0000 14.000 FA 12.95D.00 10.000 9,250.00 .000 0.00 10.000 9250.00 71A 46250 214 14 DI Cap 650.0000 11.01111 EA 6SDh0 3.000 1.960.00 .WO olio 3.000 1.950.D0 300.0 S750 215 14 RJCaWbr 1,505AODO 1A00 E4 1,505ho .000 0.00 .anti am .ODD 0.00 0.0 MAD 2% 8 GateVehro 1.475.0000 94.000 EA 138,650.00 97AW 143,076.00 ODD 0.00 97.000 143,075.D0 1032 7,153.75 217 B XB X8 X8 DICross 650.0000 5.000 EA 3250.00 5.000 3.260.00 A00 0.00 5,000, 3=00 100.0 162.50 213 8 XB XB DITee 650.0000 1&000 EA 9.900.09 18.000 9.900.00 .000 0.00 18.000 9,900.00 100.0 496.00 219 B X6 01 Raft- 43CAM 2DOD EA am.00 1.000 430.00 .DOD OAO 1.000 430.00 60.0 21.60 2W 6 90 Da9me 01 Mow 540mm 1ADD PA 540.00 /.00D 540.00 XOD 0.00 1.0D0 540,00 100.0 27.00 221 B 22.5 D"we DI La bow 470.0000 43M EA 20210.00 43.000 20210.00 .000 0.00 43.000 ZD210.00 WILD JJGIOM 222 0 t1250epu*OIE1bow 470.0090 4&000 EA 21,150.00 13.000 6,110.00 AOO 0.00 13ADO 6.110.00 26h 30550 223 a DI Cap 220MODO 7400 EA 11540.00 6.000 1.320.00 ADO O.OD am IA20.00 65.7 Who 27A r0-Mu011. Fka Nydmt 5,026.0000 59.ODO EA 296.475.00 61.000 306,526.00 .ODD coo 61.000 306.525.00 103.4 15,32825 225 314 WATER SERVICE 675.0000 S26.00.1 EA 220,050.00 3n.000 219,376.00 XDD 0.00 326=0 219.378.00 99.7 1OAB&75 226 Comm M new US 93 UtPfly 3.340A000 1.000 EA 3.340.00 .ODD 0.00 .ODD 0.00 hoo 9.00 0.9 OAO ExteMbn 300 LIFT STATION 81 298.000.0000 1.000 LS 268,D00.00 25.0D% 74,500.00 0A0% 0.00 25AD% 74,500.00 254 3,725.00 Application and Certificate For Payment -- page 4 To Owner: 93 AND CHURCH LLC Application No: 8 Date: 12/30/07 Period To: 12/30/07 From (Contractor): Sche0inger Constr Co., Inc. Contractor's Job Number: 2025 Project: SILVERBROOK ESTATES Architects Project No: Completedwork Completed Completed and Stared To Data Pravkua AppikaDon Thk Period Rem Unk CppoaO Scheduledwort Number Da-iptbn Prke Quantity UM Value Quantity Amount Quantity Area un[ Quantity Amount % Ratentmn Memo 301 PVC Sewer File 128 DR35 4&4000 549.000 LF 281,705.60 5369.000 259,858.60 '000 0.00 6359.000 269.859.80 s&a 12,682.9E 302 PVCSMWPlpe6 SDR35 40AM 19174.0W LF 742,407.00 10768.000 767,499.40 .000 ODD 18768.000 797,499.80 103A 30,374.49 303 PVC Preswa Pipe 8 SDR28 18.3000 AW LF 0.00 .000 OAO .000 D.00 .000 O.D9 OA SOD 303A S' PVC PRSS, AMEND 34-1300 264D.D00 IF 90.631.20 2399.000 82,323.34 .000 Ow 239&WO 82,=Z 4 BOA 4,11&17 3038 12•PVC PRESSURE 41.0000 264D.000 IF 106240.00 2388.000 99.318.00 .000 0,00 2398.000 95,318.00 90A 4,915.90 304 PVC Pressure Pipe 6 SDR26 111ASM 285.OW IF 4279.75 20&000 4.666.80 .OW MOD 28CON 4,596.60 1072 229.33 3D5 STypkal Eseanak SaNlary 2480.0000 152AOD EA 376,960.00 153A00 379.440A0 .OW 0.00 153.000 379.440.00 100.7 10.972A0 Sewer Me* 306 S.A ySewer Marto le 70.0000 1068A00 VF 76.160.00 1089.120 78238.40 AM 0.00 1089.120 75238A0 100.1 3,811.92 Add tW Depth 3017 4 SEWER SERVICE 710.0000 AW EA 0.00 .000 0.00 .000 O.W AW 0A0 0.0 0.00 307A 4•SEWER SRV-ADD LEN 875.DD00 325.400 EA 284,375A0 325.Oo0 254,37&00 AW OAO 325.000 284,375JM 100A 142111.75 309 Ctmrecl to Mw U593 San60ry 4,300AM 1AW EA 4,300.00 ,010 0.00 .000 koo .WO 0.00 0.0 O.W EMan6m 3" TYPE I BEDDING 50.011,00 500.000 CY 25.000A0 1107.710 55.385.50 ADD 0.013 1107.710 66,305.50 221.6 2,75620 310 TYPE II BEDDING 472M 600.000 CY 23.626,00 242,180 11M2A6 .DIN 0.00 242.160 11,442.0E 48A 57210 311 TRENCH DEWATERNG 1.0000 2907tMO UN 23,971A0 23971.5W 23,971.50 AM 0.00 23971,501) 23,971.50 100A 1,198.68 316 WATER LOWER-W 1.0000 49224W UN 4.M40 4922A00 4,922.40 A00 OAO 4SM400 4,92240 100.0 246,12 317 WATER LOWER4r 1.01101) 2453.850 UN 2,453.115 2453.850 2,45325 .CAD O.00 2453" 2,453.85 100.0 122.69 317A 6'MAIN LOWERING 6,653mol SAW EA 1626D80 to" 22,614.41) 2.O00 11,30720 6A00 33.921.60 2W.0 1,696A8 31a WATER LOWERS' 1.0000 2310AW UN 2,310.00 010.000 2,310.00 .CAD 0.40 2310AW 2,310.00 100.0 lism 400 16 CSP CULVERT 35.01100 .WO LF O.0D A00 0.110 .000 0.00 .0W 0.00 0.0 0.00 401 18 CSP FLARED ENDS 260AOW .DIN EA 0.00 in 0.00 .000 0.00 .OW 0.00 0.0 0.00 ECTI N 402 12 HOPE Isom 3495.001) LF 63AW,50 1990A00 36A24.32 18L1AW 30,945.30 3551.40D 57,389.62 1082 3,355A9 402A 8'HOPE 1&30W iWAW LF 1,830.00 3767.000 69ADZIO 912.000 11,199.60 4399.000 80,501.70 4.399.0 4.025.09 02M S'ADS PIPELMATL 1AOW .OW UN 0.00 .00 0.00 ,OW 0.00 .000 0.00 0.0 CA 403 30 STORM CATCH RASINIW 900.0WD 39AW Fa 38220.W 55AW 53.900100 .0W 0.00 55.000 6300.00 141.0 2,695.00 STANDARD INLET 404 30 STORM CATCH BASINAN 1,axome 100.OD0 iW,WO.W 8&000 91A70.W .ODD &W BLOW glex00 69.D 4.583.50 SM44 ft Er 405 48 RCP STORM DRAIN 1411.80W .OW LF SOO .OW 0.00 .OW 0.00 .000 0.00 0.0 0.00 405A 48 RCP STORM DRAIN 155.90130 86D.DW LF 133.300.01) 817.000 129.035.00 .OW 0.00 $17.000 126,635.00 $5.0 5,331.75 405E 48 RCP FETS 1,330.8000 20W EA 2,660.00 .000 0.00 1.000 1.330.00 14W 1.330,00 50.0 66.50 U08 42 RCP STORM DRAIN 121-SON DW LF O.W .000 0.00 .OW 0.00 00 0.00 0.0 0.0 400A 42 RCP STORM DRAIN 125.00W 3720.000 LF 465,000.011 13225W 105,325.00 136,900 17.112.60 1459.5W 182ASTSD 39.2 9.121.86 407 36 RCP STORM DRAIN 93.6WD .000 LF 0.00 .000 0.00 .0110 0.00 .WO 0.00 0.0 0.00 Application and Certificate Fo ment -- page 5 To Owner: 93 AND CHURC.. __ Application No: Data: 12/30/07 Period To: 12/30/07 From (Conbactor): Sche0inger Constr Co., Inc. COntraaors Job Number: 2025 Project: SILVERBROOK ESTATES Archltect's Projed No: lead W Campkte0 and Sunned To Date P-basCAppk d This Period It.. Unit Canpact Scheduled NWoher Oes"IPlbn Pfltt Qaantlty U51 Vabe Qoandly Amount Quantity Amount Q.-Uty Am t % Retention a-. 407A 36 RCPSTORM DRAIN 96.0000 2530A00 LF 242,980.00 2962.000 264,35P.00 1241.DDO 119.136.00 420&DOD 403,468.00 166.1 20,174A0 4070 36RCPFETS 990.0000 2,000 EA 11940.90 .000 0.00 1,000 W0.00 Lom 990.00 Soo 49.50 408 3D RCP STORM DRAW 6010000 A00 LF 0.00 .000 0.00 A00 0D0 .000 0.00 0.0 0.00 408A 30 RCP STORM DRAIN 72.0000 1450.00a LF 104.400.00 $37.000 60,264.D0 ,D00 oleo 837.000 6026t.00 57.7 3,013.20 409 24 RCP STORM DRAW 46A000 D00 LF 0A0 .000 D.DO .DDO OAO D0o 0.00 0.0 0.00 403A 24RCPSTORMDRAIN 61.0000 6420.000 LF 327.420.00 4277.000 218A27.00 1672,0DO 82212AN 5889.00D M.339.00 9I.7 15,018.95 410 19 RCP STORM DRAIN 39.8000 ABC LF 0.00 AN 0.04 .000 0.00 .000 0.00 0.0 0.00 410A 18 RCP STORM ORAIN 43.0000 5706.000 LF 245.316.OD 3020.000 130.247,00 239A00 IO277.00 3268.000 140.524.00 672 7.02520 411 15 RCP STORM DRAIN 39.0000 473.DDU LF 18,447.00 .000 0.00 .000 0.00 .00D 0.00 OA DM 412 CONCRETE VALLEY BUTT E7- SADDO 69W.000 SF 35.496.00 A00 0.00 .wo oD0 .000 oleo 0.0 0.00 4' DOUBLE CURB 413 06Ra M6Meie 6.0fldaap 2,270.0000 11A000 SAC 258.760.00 73.000 165,710.00 20m 46AND6 93.000 211,110.00 81.6 foom.60 OE-Ift 4 414 AddBbtwlMaMds D.Ah 70AW0 285XW VF 18,550.0D 81.910 5,733.70 14A00 1,008DD 96.310 4,741.70 393 337.09 (484d1 da) 416 Bask MCNwb 6.0ftdnep 4,625.0000 23AM EAC 104.076.0D 29,000 126,7DO.00 15.000 67.875DD 43.000 104A75.00 197.0 9.72&75 M- Oda 7 410 AdcfflbrWMWdMW00pth 175.0000 18029D VF 28.050.75 109.700 19,211.S0 18.940 3.314.60 128.720 22526.00 $03 1.126.30 (724Gh db.) 417 15"CSP ARCH CULVERT 46.09Do .00D LF O.OD .000 0,00 .000 MoD Am 0100 0.0 0D0 41a 21"CSPCULVERT 55.3000 .000 IF 900 .000 0.00 m ox .000 0.D0 0.0 0.00 41S 21'CSP FETS 6DO.D000 ,ODD EA 0.00 .ODD 0.00 .000 040 '000 O.D6 0.0 040 420 OIL WATER SEPARATOR 6.000.D000 5.000 FA 3DA00.D0 5.000 30,000DO .000 0D0 5.o00 30.011A0 100.0 I.Wo1I0 421 INTERIM RET. BASIN 38.0000 750.000 CY 25,500.00 .000 0.00 .000 OAD .DDO 0.D0 0.0 BOG 422 VRP RAP-1.5 THM 90.0000 96DD0 BY 5,56(LDD .000 OAO .000 0A0 ,D00 0.00 0.0 OAO 423 2-OKPAPRAP31M 18omw 110.000 NY 19,900.00 .000 0.00 Am 8.00 A00 0.00 0.0 0.00 424 5"OIAROCK 655.0000 36.000 FA 22.960D0 .000 0.00 .000 ODD .000 0.00 0.0 Moo 425 BYPASS INLET 4,975.0000 tow EA 4,97&OD .m 0A0 .000 0A0 .D00 0.00 0.0 0.00 426 BYPASS OUTLET 10.00.0000 1.0D0 FA 10A00.00 .0W 0.00 ,OGD om .DIN 0.00 0.0 0.oD 427 INLET POND to 3.750.00DO 1.000 EA 3.750.00 DOS O.DO .000 0.00 .000 0.00 0.0 OAD 420 INLET PONO 2 23,00MOM 1.000 EA 23.DDO.DD DDo 0.00 .000 om .000 0.00 0.0 0.00 Soo SILT FENCE 5.0000 loom LF 500.00 1500.OD0 7,500.00 ,000 om 1500,000 7.500.00 1,500.0 375D0 501 STRAW SALES OR WADDL E8 4.5000 loom LF 450.00 244.000 1,098.00 .ODD 0.00 244.000 1,028.00 244.0 64AD 602 EROSION CONTROL ELAN KET 22M loam SY 220.DO .000 0.00 .000 0.00 -am 0.00 0.0 0.00 603 IIYDROSrEDING 1,450.D000 Im ACR 1,450.00 .000 0.00 .ODD 0D0 .Doo 0.00 0.0 O.OD 504 RP RAP OUTLET 105.0000 100400 CY 1D,500.00 .000 0.00 .00D 0.00 .000 0.00 0.0 0.00 Application and Certificate For Payment -- page 6 To Owner: 93 AND CHURCH LLC Application No: Date: 12/30/07 Period To: 12/30/07 From (Contractor): Schellinger Constr Co., Inc. Contractor's lob Number: 2025 Project: SILVERBROOK ESTATES Archaeces Project No: Work CPmpleted Work Completed CornpleRd arW Stared TO Date P-lan Application I This Period Rem Unit C-"d Scheduled Number Deacrip0on PA. Quantity UM Value Quantity Amount Quaotlty Amount Quantity Amount % Retention Memo Soo BROADCASTSEEDRIO 250.00111) 1.000 ACR 250.01) .OW 0.00 .000 OAO .000 DAD 0.0 0.00 600 E%CICOMP-BRIDGE 9.0000 190.000 CY 1,710.0D 190.000 1,710.00 .OW 040 190.000 1,710.00 100.0 86,50 Sol ENO APPR. FILL 41.0000 230A00 CY 9,430.00 230.000 9,430.00 .000 040 23GOW 9,430.00 100.0 471M 602 41'PC BLAB TEE GIRD 94.7000 3667.000 SF 347.264,90 3567.000 347.264.90 .000 om 3087.000 347$64.90 100.0 17.363.25 603 GIRD. INSTIL a FLANGE 3.2500 3567.000 SF 1017.75 3667.000 11.917.76 .O00 OAO 3667.000 11,917.75 100.0 $96.99 004 GALV. STLriNT. DIAPH 5A00D iBWAW LB 9,720.00 18110.000 9,720.00 .000 0.0) 1800.000 9.720.00 100.0 486.00 SOS PC FACIA PANEL 592000 580.000 SF 34'swoo 200A00 11,840.00 .0W OAO 200.000 1tA40A0 343 moo SOB DRNEN PILE 355000 2570AW VF 91235.0n 2419.800 85.902e0 .0013 GOD 2419.300 45=90 04.2 4,295.15 B06M WPLE4MTL IN STOR. 0.0000 AM LS 0.00 0.00% 0.00 0A0% OAD D.W% 0.00 0.0 0.00 W7 PILE SPLICES 181ADW 30A00 EA 4,842.00 30.000 4,80200 .000 OAO 30.000 4,8420D 100.0 242.10 608 EQUIP MOS. 0.0000 AW LS 14,625.00 100.00 % 14,526.00 0.110 % OAD 100.00 % 141=00 100.0 70M we RC CONC PILE CAPS 6992500 67.000 CY 39,85725 67.000 39.a5725 A00 am 67.000 39,65725 IWO 1.99233 610 RC ABUT CIA eW.6500 34.001) CY 282MIC 34.000 29262.10 .M am 34,010 29,-10 100.0 1.461.11 611 RC WING WALLS SWAM 14.00) CY 12049.10 14AW 12,049,10 A00 am 14.W0 12A4910 100.0 60246 612 APPRJOINTSEALS 376.5000 104ADD LF 39158A0 50200 I5.900.30 .OW SAO W2W 18,900.30 42.3 24LOZ 614 RCWALKWAYSLASS 11.4500 17254M SF 20,44125 1726.OW 20,44125 .OW DAD 1726.000 2D,u125 IWA I,02208 616 RENF CMU RAILING 5,380.01100 14AW EA 75,320.00 14.000 75=00 .WD 0.00 14.000 75=00 100.0 3,766.00 GIs PRECASTCONCCAP6 2152000 14AW EA 3,012.80 'We 0.00 .000 0.41) no 0.00 0.0 0.00 917 WOODRALNG SAM .0111 LS 37,665.00 0.00% 0.00 0.00% om 0A0% 0.00 0.0 0.00 fits STONE VENEER®BRG 56.7000 528.000 SF 35,217.00 26000D 17.606.50 1=000 S.&MAD 306AN 26,413.20 76.0 1,320.66 619 STONE VENEER®POSTS 65.7000 1221.1101) SF 81,440.70 372.000 24,81240 220.000 14.674.00 6920W 39.486.40 45.5 1,974,32 we CRASH RAIL 172.20110 210=11 LF 38,162.00 150.000 25.830.00 .000 OAD 150.000 25JW.DD 71.4 1281.50 699 ELECTRICAL MOB. 0.0000 .ODO LS 62,600.00 m00% 41,300.00 25.00% 20,650.00 75.00% 611950.00 75.0 3.097.50 700 COMMON UTILITY TRENC H 6.0000 60800.000 LF 450.640.00 26482000 153,59580 18574.000 96,12020 43056.000 249.72430 $33 12,486.24 701 6 SCH40 PVC CONDUIT 5.6000 1230OAW LF 67,650.00 10303.000 68,666.S0 31)08.000 17,039.01) 13401,000 73,705.60 ID9.0 3,60626 (3•PHASE POWWA 702 4 SCH40 PVC CONDUIT 3.0000 12730.000 LF 38,190.00 8238.500 16.715,50 -2071.500 -5,914.50 2267.000 8.001.00 17.8 340.06 (TELEPHONE) 703 3 SCH40PVC CONDUIT 26000 364W.000 LF 94,640.00 29589.000 76.931.40 19791.000 Si.456.W 49350.OW 120.308,00 136.7 6,419.40 (t-PHASE POWER) 704 2 SCH4D PVC CONDUIT 2.0000 71800.000 LF 143,600.00 18869AW 37,738.0D 11778.000 12,758.W 25247.000 60.494,00 352 2,524.70 (CABLE) 7D5 1 SCH4DPVCCONDUIT4 7.5000 30500.W0 LF 220.500A0 7149.700 53AM76 .25553DO .19.167.75 4594AW 34,455.110 15.0 1,7mTS CONDUCTOR WRRENC 706 48 X43 SINGLE PHASE 56D.DD00 52.000 EA 29.120A0 34AW 19,040.OD 32OW 17.920.01) 66.1100 36.950.00 126.9 1.64900 ELECTRICAL. VAULT 707 56 x34 THREE PHASE 930.0000 27.000 EA 25.110.00 17.OW 16.310.00 B.000 7,440.00 25.000 23.250.W 92.6 1.16250 SLECTRICALVAULT Application and Certificate For Payment -- page 7 To Owner: 93 AND CHURCH LLC Application No: a Date: 12/30/07 Period To: 12/30/07 From (Contractor): Satellinger Constr Co.. Inc. Contractor's lob Number. 2025 Project: SLLVERBROOK ESTATES Architect's Project No: ork Cn.1--d 0ntl Stored To Data Application �w ThN Period Item It.. Unk Contran Scheduled Number Desciptkn Price Quantky UM Value QumtRy Amount QuantRy A-nt Qumthy AAwunt % R.Meetlon Memo 708 5644 ELECTRICALVAULT 930.0000 12.000 EA /1,160.W AIM C.00 2000 1.890.00 20W 1AGO00 16.7 MOD WITH SCUD LID TOo SECONDARY DISTRIBUH ON 325.01300 119A00 EA 38,675DO 25.000 8.460.00 70.000 22.750.00 96.000 31,250.00 80.7 1,580.00 PEDESTAL (NEC SUP 710 BORING UNDER H VVY 93 19,130.0000 1.000 LS 19.130.DD 100.01) % 19.1moo 0.00 -A 0.00 10&00 % 19,130.00 100.0 ISOM (POWER CABLE PHONE) 711 METER BASE 1.20MDO 10.000 EA 12650.00 35W 4,427.W .WO 040 35W 4,427.5D 35.0 2208 712 4BOV/S PANEL 2276 ODOR It= EA 22,750.00 3.500 7.96250 .000 O.00 &WO 7,96250 35.0 39&13 713 HP WOW POLE BASE 4,446.7000 65AM EA 744.550.50 4.700 20,898A8 260 1.111.69 4.M 22011.17 9.0 /,1D056 714 HP 241GH7T POLE BASE 5,416.0000 WoOO EA 218,05COG 8.200 33,88292 19500 107248b8 25.000 140.831.60 65.0 7,04156 714A HP782POLp58F1XTURES 1.0000 225159.500 UN 225.159.50 295522000 295,522.00 •70362.SDD -70,38250 225159500 225.159.50 1WA 11257A8 716 LIFT STA GENERATOR 53.646.900D 1.000 EA 63,848.90 AW 0.00 A01) 040 .000 0.00 0.0 OAO S0l Add6aml EXp9 Mon BSOW 100.000 CY 660.00 1138540 7A00.51 .000 0.00 1136.640 7ADDb1 1,138.5 370.03 Re0 "Od Below e 802 WEI AND BORE 38.0000 MO.ODO LF 36.490.00 MAW 36A6&00 .000 0.00 950000 36A80.00 100.0 1.524.00 0U401 RETAINWGWALL MERU 1709.000 BF MW.08 ITOSI 0 60560A3 A00 0.00 1709.000 00.080.03 100.0 3,046.90 C0402 24"CMP 58.0000 375.000 LF 21,750.00 375.000 21,750.00 .OW MOO 375.000 21.750.00 10D.0 1.09740 C04413 24"CMPFETS 650.0000 4.000 EA 2,60100 4.000 2800.00 .030 D.00, 4.000 2600.00 ID0.0 13CAO C04.04 96"BASIC MANHOLE 8.000.0000 4.000 FA 32o32W 2A00 16,01&00 1.000 9.0080D 3.DDO S4,024.00 75.0 I"Im C04416 WADDNIONALOEPTH 340AM 19.710 VF 6.701.40 0200 3,128.W 5.030 1,71020 14230 4,11W20 722 241.21 C04-06 a INTER CLF CONIC PAV 83300 2308,000 OF 19.704.78 1202AOO 10.01266 ADO 0.00 1202000 1D,01285 50.8 600.63 C04-07 4REINFCONIC POW &1500 240.DW SF 1,476.00 240.000 IA76.00 .D00 D.W 240.000 %476A0 I0LO MAD C04-08 16'%8" COLOR BAND 11.9200 645.O00 LF 7.600.40 383.000 4565.39 .Ooo 0.00 383.000 4,505.35 59A 220.27 C0409 6"SEWER BORE 1.0000 3B447.000 UN 36,447.00 1.000 1.00 .000 OM 1.000 1.410 OLD 0.05 C04.10 RELOCATE CATCHBASIN 1.0100 3630,7611 UN 3ASO.76 3WO.750 3,530.78 .DIN am 3530.750 3410.76 100.0 17654 00411 REEKC. UPPER UTL Y I.0W0 12765W UN 1276.50 1276500 /,2T6.60 .D00 0.00 1276.500 1276.50 100.0 63.83 COS-01 21"CSP•RESTOCK I.00W 1071.O110 UN 1,071A0 AW O.OD 1071.DD0 1,OT1A0 1071.000 1.071.00 100.0 53.55 C05-02 LIGHT 8ASES-CHURCH 1.0000 6780.000 LIN 5,760.00 .000 0.00 5760.000 6,760.00 5760.000 t760.00 100A 208.00 CO5-03 ADDED WATER SERVICE I.W W 1665.BW UN 1,666.83 .0tO 0.00 1656.830 1,566.&T 1586.430 IAMBS 100.0 93.34 COS44 BOULDER HAIL 1.0000 2T19.760 UN 2,719.75 .000 0.00 27i%750 2,719.75 2719.790 2719.75 100.0 135.99 COSA6 DEBRIS REMOVAL 1.0000 47725W UN 4.772.50 .ODD 0.00 4772.600 4.7M5O 4772.WO 4.77260 100.0 09.63 CO6-06 LIFT STA WATER SERV 1.0000 6474MO UN 5.874.OD .00D 0.00 5874.1100 5,874A0 5674.000 5.374.00 100.0 293.70 CO547 STUB LINE B SERVICE 1.0000 10832.O00 UN 10,832W AW 0.00 103112.0110 10,362W 103B20W 10,382W 95A 519.10 COmo SCHE191GER SURVEY 1.0000 16125.000 LIN 16,125.00 .000 0.00 16125.W0 18.125.00 16125.1100 16.125.00 IW.D 9W.25 C0649 WELL SITE IMPROVE 1.0000 3644.470 UN 3,644.47 .000 0,00 3644.470 3,844A7 3644.470 3,641.47 100.0 18222 COS-10 FCC SWITCH VAULT 1.DOW 1780.750 LIN 1.780.78 A00 0.00, 1780.790 1.750.79 1780.760 1,780.78 1W.0 48.93 Application and Certificate For Payment -- page 8 To Owner: 93 AND CHURCH l.lC ApplicatIon No: 8 Date: 12130/07 Period To: 12/30/07 From (Contracmr): ScheOmger CDnstr Co., IM Conttactoes Sob Number: 2025 Project: SiWERBROOK ESTATES Archibecrs Project No: Work Completed Work C—,I ted �pk[ed eMl Stored TO Date Previous Appllm0on This Period item UnN C roaa Scbedulal Number Defc%W- M. Quantity UM Value 9 alty Amount QuantBy Amount QumtRy Amount % Afien F1emo Total 18,692A29.81 12,687,624.51 7726t6.84 12A6&141A8 543,007.07 AppBotion Told 18.692,42951 12,987,624.51 77261&94 12AN.141A8 648,907A7 Mr. Howard Mann 93 and Church, LLC 3154 Parkwood Lane Big Fork MT 59911 -A FN TI CHITEC-rs GINEERS RE: Pay Application #5 Highway 93 Water and Wastewater System Extensions Dear Howard, January 22, 2008 Enclosed is Pay Application #5 for COP Construction for work through December 30, 2007. I have reviewed the Pay Application, and agree with the submitted quantities and materials in storage certification. This pay estimate also includes a reduction of retainage from 5% to 3%. The Pay Application has been signed and approved by COP Construction and CTA., and is submitted to you for review and approvaL After your review, if you agree with the Pay Application, please sign all four originals. Please return one signed original to both CTA and COP Construction. Please keep one for your records and forward one original to Glacier Bank along with the enclosed Wire Transfer Request Form. Through November the Project progress is as follows: Notice to Proceed Date September 4, 2007 Suspend Work Date December 21, 2007 Calendar days through December 21 109 days Schedule 0 — General Requirements 95% Schedule 1 - Gravity Sewer 93% Schedule 2 - North Sewer Force Main 96% Schedule 3 - South Sewer Force Main 89% Schedule 4 - Lift Station 61% Schedule 5 - Water Main Extension 100% Schedule 6 - Project Contingency 75% If you have any questions please contact me at 406-896-6253. Sincerely, CTA CIVIL ENGINEERS Y(�!� Patrick J. VACte, P.E. Project Manager Encl: Application for Payment #5 (4) Material Storage Certification (4) Wire Transfer Request Form (1) cc: CTA File-HWY93UTIL CA Al:\SOBS\FfWY93UTIL\(.A\Pay Request\Pay App #5.doc 13 N. 23rd Street (59101) • P.O. Box 1439 • Billings, Montana 59103 - 406.248.74SS • fax: 406.248.3779 www.ctagroup.com • info@ctagroup.com 02/07/2008 11:52 FAX 406 758 5519 FLTH CNTY PLATROON Q001 Plat Room Flathead County, Montana $00 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: F&H FOR: 93 & CHURCH LLC DATE: 2/6/Q8 DESCP : SILVERBROOK EST PH 1 PURPOSE: SUB (Tr. 1, 3AA & 2 in 13-29-22) YEARS ASSESSOR # 2QO4 THRU 2005 0460011 2004 THRU 2006 0460013 2007 ONLY 0612146 I hereby certify that there are no outstandin a the property assigned the assessor numbers listed ab e, ears indC' aced for each assessor nu ` Deputy Treasurer (seal) FEB 0 7 2008 Fa N L=S;:W lMe. Plat 01 SILVERBROOK ESTATES PHASE 1 A Subdivision In SECTION 13, T.28N., R.22W., P.M.,M. FLATHEAOCOUNTY, MONTANA K21 vex t( 0si�we i Iry,L 4 _� 0� �DK•�.ilY� K , \ ROOKDRR2-- MMO&HM sn„n ima esnv+�mc coawawx ��-r."` wv FB HIe,MBwnyNq, Mo. Plat Of �. SILVERBROOK ESTATES PHASE 1 A Subdivision In SECTION 13, T.28N., R.22W., P.M.,M. FLATHEAD COUNTY, MONTANA -27 a i I 1 BLOCK 221': s1� .s_ y,`„'y...r a"'""T .U„ °.,._ .�r � I®��_ �®+�w� Q. � ®•' I� tA® •\\ \\ LO Kv21 BL CK 7 Plat Of SILVERBROOK ESTATES PHASE 1 A Subdh4slon In SECTION 19, T.29N., R.22W., P.M.,M. FLATHEAD COUNTY, MONTANA v i / '% X \ �O r` ; .a ��N ��- %�q �n �; p BLOCK 22 F&HU=88: " welor SILVERBROOK ESTATES PHASE 1 A Subdivision In SECTION 13, T.29N., R.22W., P.M.,M. 1y FLATHEAD COUNTY, MONTANA jl 0:r j"III I O •��0 ��g� �\ \�\ / �� \\ \\ � � \ \\ /�\\ ,tea\\�� •® W. sas MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) by and between MONTANA DEPARTMENT OF TRANSPORTATION (STATE OR MDT), and 93 AND CHURCH, LLC (DEVELOPER) concerning the responsibilities of each party regarding the proposed improvements to US 93 at Silverbrook Drive and Church Drive, sets forth the coordination of the planning, design, and costs of necessary future construction of roadways under state jurisdiction, specifically, US 93, to accommodate the safety of the traveling public and increased traffic flow on such roadways due to the DEVELOPER'S proposed actions. WHEREAS, MDT is responsible for planning, designing, constructing and maintaining State Highways and roadway associated transportation facilities, including associated pull -offs, parking areas, and rest areas for the use and benefit of the traveling public, in a safe and efficient manner in accordance with Title 23 United States Code (U.S.C.) and Title 60 Montana Code Annotated (MCA) and by agreement maintains and has jurisdiction for US 93; WI EREAS, the DEVELOPER has proposed improvements on US 93 that will affect roadways under the jurisdiction of MDT; WHEREAS, MDT has agreed to allow the developer to participate in MDT's construction project and add necessary improvements to the Stillwater River North Project (NH - F 5-3 (28)1151F); WHEREAS, MDT and the DEVELOPER desire to provide for the costs associated with the additional design, construction, and inspection of the agreed upon improvements necessary for the proposed Silverbrook Estates Subdivision to access US 93 at Church Drive and Silverbrook Drive as set forth herein; NOW, THEREFORE, the parties set forth the fundamental duties and responsibilities necessary to accommodate the safety of the traveling public due to increased traffic flow on the affected MDT roadway resulting from the DEVELOPER'S ACTIONS and future development. 1. THE DEVELOPER WILL - At its sole cost and expense, design, let, and construct an interim approach for Silverbrook Drive to US 93 that accommodates emergency vehicles and will provide adequate signing per the MUTCD (Manual on Uniform Traffic Control Devices) restricting larger vehicles from entering Silverbrook Drive as determined by MDT. - Provide MDT with details for Silverbrook Drive interim approach to US 93 for review and approval. - At its sole cost and expense, design, let, and construct an interim approach for Church Drive to US 93. - Provide MDT with details for all of Church Drive and the interim approach to US 93 for review and approval. At the time of the developer's signature of this document, ay donation funds to MDT totaling 26� 4,167 for the Stillwater River North proj as itemized in the summary in Attachment B. At the time of the developer's signature of this document, fprther pay MDT an additional $36.439 for the redesign of MDT's Stillwater River North Project (NH - F 5-3 (28)115 F) on US 93 that will include the developer's rovements at Church Drive and Silverbrook Drive as listed and adjusted for ind� costs ODC) in Attachment B. i At the time of the developer's signature of this document, also pay an additional 3 3 2 to MDT for the estimated additional construction costs MDT will incur on the Stillwater River North Project (NH - F 5 3 (28)115 F) 0 a result of this development as listed and adjusted for indirect costs (fDC) i� Attachment B. At the time of the developer's signature pay MDT with a sin,gle check referencing accounts receivable number - 28075, totaling 9$2 8.818 whohe sum includes the $264,167 in donation funds, $36,439 in redesign costs, and $53,392 in construction costs less $55,180 in hydraulics participation credit as listed in Paragraph E, Attachment B. Pay MDT, no less than tens days after receipt of MDT's inv ' ice, for any remaining actual construction costs over and above the estimated cons uction amount ($53,392) attributed. to adding the developer's improvements to the 'water River North Project on US 93 as listed and adjusted for indirect costs (ID6 in Attachment B. Allow MDT to connect directly to the storm sewer system at ,Church Drive. - Convey to MDT its three (3) deeded rights to private mess on US 93 prior to receiving a permit to Silverbrook Drive. Complete MDT's review process requirements for anj approach permit for Silverbrook Drive to access US 93. k f - Complete the necessary environmental processes (including the Montana Environmental Policy Act) for modifications to US 93 and' demonstrate that all, if any, environmental issues associated with the proposed devel ent and signal have been identified and mitigated, prior to construction of the paijneat intersection. - Developer will provide full time construction inspection sod certification for any work - the developer does in MDT right of way. The eloper will provide construction inspection reports upon MDT request duringnstruction and will provide all construction inspection reports upon completion. o� the project. The MDT Kalispell Area Office will assign staff to provide construction inspection oversight. - Prior to initiating any work within MDT right of way, the d loper must schedule a preconstruction meeting with MDT staff to discuss construction related activities and coordination. - Ensure, that if any deviation from the MDT approved plans is determined necessary at the time of construction due to unforeseen obstacles, those deviations must be approved by MDT prior to installation. 2. MDT WILL - Include the Silverbrook Estates improvements detailed in Attachment B and a Jr. Interchange at Church Drive in the Stillwater River North Project, NH F 5-3 (28)115 F. i I - Provide review and, if found acceptable, approve any plans and information pro osed by the DEVELOPER for work to be done by the DEVELOPER in MDT right o jway. I - Prepare the deeds necessary for the Silverbrook Estates Subdivision to convey to! MDT its three (3) deeded rights to private access on US 93 to MDT. - Upon completion of its review process, and if found acceptable, grant permission to enter the right of way for work to be done, conduct a final inspection of said work and denote any deficiencies in installation or workmanship needing correction prior to issuing the permit for the approach to Silverbrook Drive. - Issue an approach permit to the developer for Silverbrook Drive upon successful completion of all of MDT's requirements. - Deduct $55,180 for costs incurred for alterations to the DEVELOPER'S hydraulic system as outlined in Paragraph D in Attachment B which shall show the dollar amount as a credit against the total participation shown in Attachment B, Paragraph E. - Upon connection with the storm sewer system at Church Drive, install an oil /water separator at the connection point. - Upon completion of the Stillwater River North Project, issue to the developer a refund due to over payment, if any, of actual costs of construction in excess of paid estimated construction costs ($53,392), or an, invoice for under payment, if any, of . actual construction cosh less then the paid estimated construction costs ($53,392) for the agreed upon improvements listed and adjusted for indirect costs (1DC) in Attachment B. 3. Modification and Amendment. This MOU may be modified or amended, in writing, by the mutual agreement of the parties involved up until award of MDT's contract for the associated roadway project. After that time it may not be modified. This MOU is assignable by the DEVELOPER only upon the written acceptance of the assignee by MDT. 4. Termination. This Memorandum shall terminate upon satisfaction of all the following conditions: - All parties agree to move in an efficient and expeditious manner towards development of these proposals under the conditions specified within this document. No party may terminate this agreement except MDT. MDT is required to notify all parties within 30 days in writing of the termination event. 5. Governing Law. This agreement shall be governed by the laws of the State of Montana Venue for any litigation will be in Lewis and Clark County, State of Montana In case of conflict between the obligation imposed by this MOU and Montana law then Montana law will control. 6. Binding Effect. The obligations set forth in this Memorandum shall be binding upon, and the benefit of this Memorandum shall inure to the benefit of, their respective successors and assigns. 7. Relationship of the Parties. - Nothing contained in this Memorandum shall be deemed or construed, either by the parties hereto or by any third party, to create the relationship of principal and agent or create any partnership, joint venture or other association between MDT and the DEVELOPER - Supplementation of Agreement. - The parties agree that it may be desirable to provide individual or more specific provisions, which may be accomplished through the execution of supplements to this agreement as needed. Such supplements must be in writing and signed by all parties, and may not modify, amend, or terminate this MOU once the contract or contracts have been awarded for construction of the associated roadway projects. No amendment or modification of this Memorandum shall be effective unless in writing and signed by the parties hereto. 9. Non -Discrimination. - The DEVELOPER will require during the performance of any work arising out of this agreement that the DEVELOPER, for itself, assignees, agents and successors shall comply with all applicable non-discrimination regulations shown on Attachment A. Additionally, the Department requires that any construction resulting from this agreement must include appropriate pedestrian facilities that meet or exceed current Department, standards for accessibility as set fort in the U.S. Architectural & Transportation Barriers Board, American with Disabilities Act Accessibility Guidelines (ADAAG) and MDT Detailed Drawings, 608 Series. 10. Indirect Costs (IDC). - Section 17-1-106. MCA requires any state agency, including MDT that receives non - general funds to identify and recover its indirect costs. These costs are in addition to direct project costs. MDT's indirect cost rate is determined annually as a percentage of the project's direct costs to cover the project's share of MDT's indirect costs as defined by OMB Circular A-87. MDT's current indirect cost rate is 12.25% for state fiscal year 2007 (July 1, 2007 to June 30, 2008). - For this project, MDT billings to the developer will include a charge for the indirect costs at the current fiscal year indirect cost rate, which amount will be applied toward the total project contribution of the developer. [Note: If this project extends across more than one fiscal year, more than one annual rate will be involved, as the rates may change during the life of the project.] 11. Audit. - Developer agrees that the Legislative Auditor and the Legislative Fiscal Analysts may audit all records, reports, and other documents, which the Developer maintains under or in the course of this agreement to ensure. compliance with this agreement. Such records, reports, and other documents may be audited at any reasonable time. Date: By Approved f# Legal Content Date: By. - Approved for Civil Rights Content Date: By: Montana Department of Transportation Date: 02 ©� Bar (Sa 9�� Ron Profitt tl 93 and Church, LLC 3154 Parkwood Lane Big Fork, MT 59911 Attachment A NON DISCRD4'M ION NOTICE During the performance of this Agreement, the 93 an Church, LLC (hereafter in this Section "the Party' j, for itself, its assignees and successors in interest, agrees as follows: A) COMPLIANCE WITH TPTLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL -AID CONTRACTS (1) Compliance with Regulations: The Party shall comply with all Regulations relative to nondiscrimination in Federally -assisted programs of the Department of Transportation, 49 Code of Federal Regulations (CFR), Part 21, as they may be amended (hereafter refeaxed to as the Regulations), which are incorporated by reference and made a part of this Agreement, even if only state funding is here involved. (2) Nondiscrimination: The Party, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of sex, race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Party shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Sec. 21.5. (3) Solicitations for Subcontracts, Including_ Procurement of Materials and ui meant: In all solicitations, whether by competitive bidding or negotiation by the Party for work to be performed under a subcontract, including procurement of materials or leases of equipment, any potential subcontractor or supplier shall be notified by the Party of the Patty's obligations under this Agreement and the Regulations relative to nondiscrimination. (4) Information and Reports: The Party will provide all reports and information required by the Regulations, or directives issued pursuant thereto, and permit access to its books, records, accounts, other sources of information and its facilities as may be determined by State or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with Regulations or directives. Where any information required of the Party is in the exclusive possession of another who fails or refuses to furnish this information, the Party shall so certify to the Department or the FHWA as requested, setting forth what efforts it has made to obtain the information. (5) Sanctions for Nogcompliaoce: In the event of the Patty's noncompliance with the nondiscrimination provisions of this Agreement, State may impose sanctions as it or the FHWA determines appropriate, including, but not limited to, (a) Withholding payments to the Party under the Agreement until the Party complies, and/or (b) Cancellation, termination or suspension of the Agreement, in whole or in Par (6) Incorvomtion of Provisions:. The Party will include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Party will take such action with respect to any subcontract or procurement as the State or the FHWA may direct to enforce such provisions including sanctions for noncompliance: Provided, however, that in the event the Party is sued or is threatened with litigation by a subcontractor or supplier as a Attachment A result of such direction, the Party may request the State to enter into the litigation to protect the interests of the State, and, in addition, the Party or the.State may request the United States to enter into such litigation to protect the interests of the United States. B} COMPLIANCE WITH THE MONTANA GOVERNMENTAL CODE OF FAIR PRACTICES, SEC. 49-3-207, MCA In accordance with Section 49-3-207, MCA, the Party agrees that for this Agreement all hiring will be made on the basis of merit and qualifications and that there will be no discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the Agreement. C) COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) (1) The Party will comply with all regulations relative to implementation of the AMERICANS WITH DISABILITIES ACT. (2) The Party will incorporate or communicate the intent of the following statement in all publications, announcements, video recordings, course offerings or other program outputs: "The Party will provide reasonable accommodations for any known disability that may interfere with a person in participating in any service, program or activity offered by the Party. In the case of documents, recordings or verbal presentations, alternative accessible formats will be provided For further information call the Party." (3) All video recordings produced and created under contract and(or agreement will be closed -captioned. D) COMPLIANCE WITH PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS, 49 CFR PART 26 Each Agreement the Department signs with a Party (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The Party, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Party shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the Party to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate Attachment B DESCRIPTION OF IMPROVEMENTS, COSTS & PARMIPAMN SUMMARY A) SILVER -BROOK & CHURCH DRIi +' (Improvements and Estimated Cam) (1) MDT will consmict Church Drive from the Jr. interchange on US 93 to Station 407+00 (MDT Station 10+39) to a rural standard. (2) MDT will perpetuate the approach at Silverbrook Drive on US 93 (3) Estimated Cost breakdown: Quantities D6scripfion Unit A,sitige�d=Prices VIA,- Prigs . =Atnour�t ., 93.6 REMOVE BITUMINOUS PAVEMENT M2 $11.63 $1089.00 81 SPECIAL BORROW M3 $10.44 $846.00 57 CRUSHED AGGREGATE COURSE tJ13 $25.14 Si 604 00 44.5 PLANT MIX BIT SURF GR S -19 MM Wr $24.13 $1074.00 2.4 ASPHALT CEMENT PG 70-28 Wr 1.02 $1,154.00 26.5 DRAINAGE PIPE 600 MM M SMAI -$7 034.00 1 DRAINAGE PIPE SYSTEM L8 15 . $16.000.00 1 ADJUST WATER MAIN EACH - $14 .00 $14 500.00 11 ADJUST VALVE BOXES EACH W&38 $3 590.00 2 ADJUST MANHOLES EACH $557.09 $1 114.00 1 ADJUST FIRE HYDRANT EACH $i 880.00 $i 8M.00 93.6 ASPHALTIC CONCRETE RESTORATION M2 P8.00 $4 493.00 Subtotal - $39 310.00 0% Traffic Control $0.00 0 Traffic Curd Devices Units 0.00 $0.00 0 Flaigrnan Hours 0.00 $0.00 0 PNatcar Haas 0.00 $0.00 Subtotal 09,310.00 10% Robilaat{on $3.931-00 Subtotal $43 41.00 0% Cortfi►9enef $0.00 Subtotal $43.2AI.00 0% Inflation Yam 1.00 $0.00 Caurtructlon Tom $43 41.00 10% Construction Engkwwbv $4 324.10 TOM $41' 65,10 12.25% IndG'ecf Cost (IDC) $5 826 73 Total'WMC $53 39'1.82 I Attachment B B) NH - 9815-3(64) 118F.. Stillwater River -North Jacobs carter Burgess ControlNUh1b*rC061 !. - finatDesignServices AclustmentsforSihrerbrookEstates . pecernhe 1�d &.Prot. 0�1 Mein t$e�rl oeelpler-f f�eN 04we+0 Mfdas - 77 8 eJ� FRIAL ROADWAY uE ism 152 ra sDM Review Moore En Plans & fhta0a 6 % 2 2 4 nor Coormste tsbfi 3 1 2 aT alsa&9 11 6 3 A Connor T oaf 9 6 3 a and Qrodi (lusMhiea 1$ 4 a 6 Bevies CeicubUans Church 11 : 1 2 6 dale vial 00 din and 8e# 4 2 2 dale 0*Ad Quadhise aril Ca outs S .: 1 4 ReMsa ONM41 Dries Detsid 4 1 4 a Add Connection ford S 2 3 ostaur Dot 1 6 2 4 2 va"s Die m 5 4e h Crose Stations 17 3 14 sr & R " 3 3 JRIMG st SiMarb ack Dr far Revised Cann 12' 2 4 6 a Mean Elsetradc s & Coordinate i4 "' 2 4# Cost ides x • 2 aC 22 4 12 2 4 .Utft Adlusivneirls for SiNerhrook &Was Development lRoviewmooreEntilrisedmand CTA Pms LOoleft 2 2 2 Fidel Pbovlow • ion thililles Meow to UNS 11, 2 2 2 3u L4Ni#a st 8ihstbwok 0r end CMsoh 0r 4 . 1 2 i Inc is way least#$1 Morog Moore tM* Foes NO Noe 10 a 2 Must the 60Dmm aulvalt wwM relocated va4sr main 4 2 0 4 Up" 04W Ales and c IN a 5 1 4 RWos Cfssdt cs0ouls ku ut Ms 2 2 U ddo Chuch Drive arose sections 6 6 2 Loodnale ullh t s T nc wards 6 4 2 Cog bsrrn aced the subdiviakn a 30+70 4 2 2 Update Cost Estimates 7 1 i 1 U ,X OUR 238 19 34 70 7 42 0 0 0 0 0 TOTAL HOUPS 230 19 34 70 73 42 D. 0 0 0 0 Attachment B MUM 5.9,117 F Mil 77 MEN=- Attachment B RIBOAP17UMON. . Total Labor/ 4vafiead a 23180.91 Total di�®ct NonLabor $ 150.00 Total OWSW$ Services & Subcontracts S 6 35D.00 Profit TOTAL ESTIMATED COST $32.463 Indirect ¢oats (IDC�'. 113,977 Total 11 36.439 C) DONATION PARTICIPATION SUMMARY BASED ON RIGHT OF WAY PURCEWE AMOUNTS: Item Donation Amount Right of way Agreement Pare 41A: $210,317 Right of way Agreement Parcel 418: $53.860 Total: $264,167 D) HYDRAULICS PARTICIPATION CREDIT: Item MDT Costs Statlon 30+70 - Infrastructure Development Coate $30,789 Pond 1: Infrastructure Development Costs $14,209 Pond 2: Infrastructure Development Costs $10,182 Increased Peak Flow at Station 44+08 (Negligible) $0.00 Total: $45,180 Attachment B E) SU EVULRY OP COSTS, CREDITS & PARTICIPATION PAYMENT: Item Amount Dwayorr: $264.167 Construction Estimate: 553,392 Project Redesign Erokmering: $36,439 Sub Total: $353AN Hydraulic Participation Credit <$%,180> (Less Hydraugc Partici mUw Credit) Total: $298.818 Upon recording, please return to: Donald R. Murray Crowley, Haughey, Hanson, Toole & Dietrich, P.L.L.P. P. O. Box 759 Kalispell, MT 59903-0759 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR SILVERBROOK ESTATES A RESIDENTIAL AND COMMERCIAL DEVELOPMENT IN KALISPELL, MONTANA July 1, 2007 THIS DECLARATION of Covenants, Conditions, Restrictions and Reservations is made for the purpose of establishing and governing Silverbrook Estates, a mixed residential and commercial development in the city of Kalispell in Flathead County, Montana. The Declaration is made by the owner and developer of the property, 93 and Church, LLC, a Montana limited liability company referred to herein as the "Declarant." The Declaration shall be effective July 1, 2007, RECITALS THE DECLARANT is the owner of certain real property situated in Flathead County, Montana, which is more particularly described on Exhibit A attached to this Declaration and by this reference made a part hereof. This property is the site of a mixed residential and commercial development to be known as "Silverbrook Estates," sometimes referred to herein as the "Property;" and THE DECLARANT desires to subject the Property, together with all the buildings and other improvements now or hereafter constructed thereon, as well as all appurtenances to the Property, to this Declaration; and THE DECLARANT further desires to establish for its own benefit and for the mutual benefit of all future owners of the Property, or any part thereof, certain covenants, conditions, restrictions, easements, rights, privileges, assessments and liens as set forth herein which shall encumber and run with the Property and shall apply to all buildings and other improvements now or hereafter constructed thereon; and Declaration of Covenants — Silverbrook Estates Page I THE DECLARANT intends that the future owners, and all other persons who may acquire an interest in the Property shall at all times hold their interest subject to the burdens of, and enjoy the benefits of, the provisions of this Declaration which is made and recorded in fiutherance of establishing an outstanding and environmentally sensitive residential and commercial community governed by this Declaration and its rules for the use, occupancy, management and enjoyment of the Property, which rules are designed to protect and enhance the value, desirability and attractiveness of the Property and all buildings and other improvements constructed thereon, while minimizing any negative impacts the development may have on the natural environment. ARTICLE I DECLARATION AND IMPOSITION OF COVENANTS AND STATEMENT OF DEVELOPMENT PHILOSOPHY Section 1.1 Statement of Purpose: The purpose of the Declarant in making this Declaration and subjecting the Property to it is to create an outstanding and carefully planned mixed residential and commercial community to be known as Silverbrook Estates (the "Project" or "Silverbrook Estates"). The purpose of this document is to assist Owners in Silverbrook Estates by providing a framework for the design, construction, maintenance and use of their individual property within the subdivision. This will allow each individual project to contribute to the long- term goal of creating a development that compliments and enhances the surrounding natural environment. This document also explains the rules and restrictions that are intended to protect the landscape, wildlife, and use of property for the protection and enjoyment of all Owners in Silverbrook Estates. This document together with the Silverbrook Estates Design Guidelines also outlines appropriate architectural elements that reflect the specific context and environment of Silverbrook Estates. Specific Objectives of this Declaration are: ■ To protect and enhance the natural environment, wildlife and individual property values; ■ To respect environmental conditions as well as neighbors; ■ To impose architectural criteria for buildings which allow for individual expression but also establish clearly delineated parameters; ■ To address all types of development and property use, including buildings, landscaping, maintenance, water usage, fences, signs, driveways, utility installation, parking, lighting and maintenance. Declaration of Covenants — Silverbrook Estates page 2 Section 1.2 Right to Expand: The Declarant may acquire in the future additional real estate which it may desire to incorporate into Silverbrook Estates (the "Expansion Property"), and the Declarant has reserved the right, but will not be obligated, to incorporate the Expansion Property in whole or in part in accordance with the annexation procedures set forth in Article XVIII below, so that the Expansion Property, if and when annexed and developed, will be treated as an integral part of the planned community of Silverbrook Estates. Section 1.3 Imposition of Covenants: To accomplish the purposes outlined above, the Declarant hereby declares that from the date of recording this Declaration forward, the Property will constitute a planned community known as Silverbrook Estates, and will be held, sold and conveyed subject to the covenants, conditions, restrictions, easements and other reservations set forth herein (collectively, the "Covenants"). The Covenants will run with the land and will be binding upon all persons and entities having any right, title, or interest in all or any part of the Property (including Declarant) and their heirs, successors and assigns, as well as their tenants, employees, guests and invitees. These Covenants will inure to the benefit of each Owner of the Property. ARTICLE II DEFINITIONS The following terms are given the definitions set forth below, and when used in this Declaration the defined terms are capitalized. Section 2.1 Association and P.O.A. shall mean the Silverbrook Estates Property Owners Association. The Association may be incorporated as a Montana nonprofit corporation, with its Members as the residential Lot Owners. The Declarant reserves the right to create associations of the commercial property owners and/or the townhome Lot owners, as well as a master association with over -arching jurisdiction over the other associations. Declarant reserves the right to structure these associations of the Silverbrook property owners in the manner Declarant believes best serves the interests of Silverbrook Estates. Section 2.2 Contract Purchaser shall mean a person buying a Lot pursuant to a contract for deed, Montana Trust Indenture or mortgage. Section 2.3 Covenants shall refer to the Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates (this document). Section 2.4 Declarant shall mean and refer to 93 and Church, LLC, and its successors and assigns. Section 2.5 Directors shall mean the Board of Directors of the Association, and shall consist of a President, Vice President, Secretary and Treasurer, who shall be Declaration of Covenants — Silverbrook Estates Page 3 elected at the annual meeting by a simple majority of the Members of the Association, and a Commercial Representative to be designated by the commercial Lot Owners. Section 2.6 Design Guidelines shall mean the guidelines and rules adopted and amended and supplemented from time to time by the Design Review Committee. Section 2.7 Improvement(s) shall mean all buildings, parking areas, loading areas, fences, walls, hedges, plantings, lighting, poles, driveways, roads, ponds, lakes, trails, gates, signs, changes in any exterior color or shape, excavation and all other site work, including, without limitation, grading, road construction, utility improvements, removal of trees or plantings, and any new exterior construction or exterior improvement which may not be included in the foregoing. Improvement(s) does not include turf, shrub, or tree repair or replacement or changes to existing buildings which do not change exterior colors or exterior appearances. Improvement(s) does include both original improvements and all later changes to improvements Section 2.8 Lot(s) shall mean all of the real property herein described and subsequently surveyed and platted into lots as Silverbrook Estates development, according to the official plats thereof filed of record in the office of the Clerk and Recorder of Flathead County, Montana. There will be lots for individual residences, townhome lots and commercial lots. Section 2.9 Majority shall mean fifty-one percent (51%) or more of cast votes in reference to the Association and its Members. Section 2.10 Member shall mean any Owner or Lot Owner of a residential Lot. Each Member or Owner agrees to abide and be bound by these Covenants, the Articles of Incorporation, and the Bylaws and the Resolutions of the Property Owners Association. Section 2.11 Open Space or Common Area shall mean all of the property conveyed to the Association for use by the Association and its Members and Owners in common including roads, trails, parks and waterways. Common Area also includes those areas not conveyed to the Association, but with respect to which the Association has responsibility, such as boulevards, sidewalks and landscaped areas within road rights -of - way owned by the City of Kalispell. Section 2.12 Owner or Lot Owner shall mean any person or entity owning a fee simple interest in a Lot or a Contract Purchaser, whether one or more persons or entities, owning or purchasing a Lot, but excluding those having a mortgage or an interest merely as security for the performance of an obligation, provided, however, that prior to the first conveyance of a Lot for value, the term "Owner" shall mean "Declarant" or its successors or assigns. The term "person" hereinafter shall include any person, persons or entities. Section 2.13 Period of Declarant Control shall mean the period beginning on the date this Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana, and ending on the earlier of: (i) the date which is seven (7) Declaration of Covenants — Silverbrook Estates Page 4 years later, or (ii) the date on which the Declarant has sold seventy-five percent (750/0) of the Lots in Silverbrook Estates, including any annexations or additions to the subdivision. The Period of Declarant Control may be reinstated or extended by agreement between Declarant and the Association, subject to whatever terms, conditions, and limitations the Board of Directors may impose. After the termination of the Period of Declarant Control, Declarant, if still an Owner, will continue to have all the rights and duties ordinarily given to Owners under this Declaration. Section 2.14 Property means and includes the property described on Exhibit A and initially subjected to this Declaration, and also refers to any additional real property that may be incorporated in the Project from time to time and made subject to these Covenants pursuant to the provisions of this Declaration. Section 2.15 Other Definitions: Other definitions may be found throughout these Covenants. Any term not specifically defined shall be deemed to have its common and ordinary meaning, ARTICLE III CONFIDENTIALITY Section 3.1 Duty of Confidentiality: Silverbrook Estates and its P.O.A. shall maintain the confidentiality of information at all times. This requirement recognizes that Owners have a reasonable right to privacy and that an Owner could be harmed by an unjust or unfounded allegation of a violation of a Covenant or rule relating to the Property. At the same time, Owners who report violations should be able to do so without fear of reprisal. Section 3.2 Importance of Confidentiality: In situations involving alleged violations of the Covenants, confidentiality facilitates interaction between the Association and its Members. Communication can be less guarded and more direct than it would be with a public process. Confidentiality helps the Association determine the facts in disputes involving neighbors. Complaints and counter -complaints from neighbors sometimes arise; sometimes these are legitimate, sometimes they are exaggerated or fabricated. Confidentiality helps in distinguishing facts from feelings in such cases. Confidentiality also guards against adverse publicity and public misunderstanding for individual Owners and for the Association. Section 3.3 Disclosure in Reporting: Those who report covenant or rule violations to the Association must disclose their identity, but the Association shall take care to protect the confidentiality of such reports. Reports of violations shall be submitted in writing and signed. Generally, reports submitted anonymously to the Association will not be investigated or pursued. There are several reasons for this policy: Declaration of Covenants — Silverbrook Estates Page 5 3.3.1 The requirement that reports of violations be signed and in writing allows the Association to contact the reporter when additional information is needed. An anonymous report affords insufficient means for follow-up. 3.3.2 Requiring disclosure of a violation reporter's identity to the Association significantly reduces the number of frivolous or unnecessary complaints. Anonymous complaints are often less reliable than those in which the reporter's identity is disclosed. 3.3.3 The Association cannot initiate enforcement action without just cause. Written complaints document that cause. This helps internally within the Association; directors who must act on a problem can be assured that a reliable rendition of the complaint exists. If the matter results in legal action, written documentation is in the hands of the Association. ARTICLE IV SILVERBROOK ESTATES PROPERTY OWNERS ASSOCIATION Section 4.1 Establishment of Association: An association is hereby established known as "Silverbrook Estates Property Owners Association" hereinafter referred to as the P.O.A. or the Association. Said Association may be incorporated under a different name as may be determined by the Association and approved by the Montana Secretary of State. Section 4.2 Association Aembership and Voting Rights: Every Owner or contract purchaser of a residential Lot shall be a member of the Silverbrook Estates Property Owners Association. Membership shall be appurtenant to and may not be separated from the ownership of any Lot. Each Owner shall be responsible for notifying the Association of their acquisition of ownership, of their mailing address, and of any subsequent changes of ownership or mailing address. The initial address of the Association shall be 33 Hunter Circle, Suite 1, Kalispell, Montana 59901. The address of the Association may be changed by the Board of Directors upon notice to the Owners. All members will be entitled to vote on Silverbrook Estates Property Owners Association matters on the basis of one vote for each Lot owned. When more than one person holds an interest in a Lot, all such persons will be Members, but they may cast only one vote for each Lot with such vote to be cast in such manner as those multiple owners may determine among themselves. For the purpose of determining membership at any meeting, 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 a notice of a purchaser's interest or an abstract of a 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. Declaration of Covenants — Silverbrook Estates Page 6 Foreclosure of a mortgage, trust indenture or the termination or foreclosure of a contract for deed wherein title is vested in the mortgagee, beneficiary or original seller on a contract, or repossession for any reason of a Lot sold under a contract shall terminate the vendee's membership, whereupon all rights to such membership shall vest in the legal owner. Section 4.3 Association Meetings: The annual meeting of the Association shall occur on the third Wednesday of June each year. 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 the call of fifty percent (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 maintained by the Association. The presence of Members, in person or by written proxy, representing thirty percent (30%) 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, elect Directors to fill any expired term or vacant position, and conduct such other business as shall be reasonable or necessary to carry out the purposes of the Association. The Members shall have the authority to set the number of Directors, which number shall not be less than three (3) or more than seven (7). 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, Secretary and a Treasurer for the Association from among the Directors, except that the Secretary and Treasurer may be Members who are not Directors. Section 4.4 Turnover Meeting: The Declarant reserves the right, at any time before the expiration of the Period of Declarant Control, to call a special meeting of the Association for the purpose of transferring control of the Associating to the Members. Should the Declarant call such a meeting, it shall present to the Members its plan for the orderly transfer of control the Association to the Members, and the Members will be obligated to accept control of the Association in accordance with such plan. Section 4.5 Terms of Directors: The Directors shall serve for a term to be set by a simple majority of the Members, which shall be for not 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 appointment or special election as determined by the remaining Directors. Section 4.6 Board Powers: 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 taking such actions as shall be necessary or reasonable to care for, protect and maintain the Open Space and Common Areas; to enforce these Covenants and the Design Declaration of Covenants — Silverhrook Estates Page 7 Guidelines; to levy and collect assessments; to set annual and special meetings; and to act in any other matters set forth herein or which may serve Silverbrook Estates, including the formation of special improvement districts, either public or private, for such improvements as the Association shall approve. The Directors shall act by simple majority vote. The officers of the Association shall follow the directions of the majority vote of the Directors. Section 4.7 Board Duties: The duties of each of the officers shall be as follows: 4.7.1 President: The President shall preside over all meetings of the P.O.A. The President shall call the membership together whenever necessary. The President shall be the general administrative and executive officer of the P.O.A., and shall perform such duties as may be specified, and exercise such powers as may be delegated to the office of President by the Board of Directors. 4.7.2 Vice -President. The Vice -President shall exercise the powers of the President in the absence of the President. 4.7.3 Secretary: The Secretary shall give notice of all meetings of the P.O.A. and shall keep a record of the proceedings of the meetings of the P.O.A. The Secretary shall be authorized to sign on behalf of the P.O.A. all records, documents and instruments when such are authorized to be signed by the P.O.A. 4.7.4 Treasurer: The Treasurer shall keep and maintain adequate and correct records of the accounts, properties and business of the P.O.A., including accounts of its assets, liabilities, receipts, disbursements, gains and losses. The Treasurer shall prepare and report such periodic accountings as shall be required by the P.O.A., but not less frequently than annually. 4.7.5 Commercial Re presentative.- The Commercial Representative will be designated by majority vote of the Owners of Lots in the B-2 commercial zone. The Commercial Representative shall provide information and concerns related specifically to the B-2 commercial zone as indicated on the final plat. The Commercial Representative shall represent the interests of the commercial Lot Owners. Section 4.8 Jurisdiction of the Association: The Association shall have jurisdiction over all areas of Silverbrook Estates which are designated as residential on the final plat of the subdivision or by City of Kalispell zoning ordinances. The Association shall not have jurisdiction over areas of Silverbrook Estates which are designated as commercial on the final plat for the subdivision or by City of Kalispell zoning ordinances. Declaration of Covenants — Silverbrook Estates Page 8 Section 4.9 Additional Associations: The Declarant reserves the right, to establish additional associations of Silverbrook Estates property owners to further the objectives of this Declaration and to promote the interests and enhance the governance of Silverbrook Estates. Such additional associations may consist of an association of the commercial property owners, as association of the townhome Lot owners or a master association to oversee and coordinate the functions of all the sub -associations. ARTICLE V ANNUAL AND SPECIAL ASSESSMENTS Section 5.1 Assessments: Each owner, whether or not it shall be so expressed in any deed or contract, is deemed to have agreed to these Covenants, and to pay to the Association: a) Annual assessments or charges; and b) Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the Lot, and shall be a continuing lien upon the property against which each such assessment is made. Each assessment, together with any accruing interest, costs and attorney's fees, shall be the personal obligation of the Owner of such Lot at the time when the assessments are due. Section 5.2 Purpose of Assessments: The assessments levied by the Association shall be used to promote the health, safety, convenience, recreational opportunities and welfare of the Owners; for the improvement, repair and maintenance of easements, trails, water features, roads and Common Areas; and for any other purposes, expressed or implied, in these Covenants. Section 5.3 Annual Assessments: The maximum annual assessment per Lot which may be made by the Association in any 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 its functions, and may include a reasonable reserve for contingencies. The amount of the annual assessments shall be fixed by the Board of Directors in the following manner: At each annual meeting of the Members, 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) upon which they are due for the corning year to cover the budget approved in the manner herein set forth. Declaration of Covenants — 311verbrook Estates Page 9 Section 5.4 Special Assessments for Capital Improvements: In addition to the annual assessments authorized above, the Association may levy special assessments for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, or other capital improvements on the Property, 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 require only a simple majority vote. Section 5.5 Uniform Rate of Assessment: Annual assessments shall be fixed by the Directors at a uniform rate for each of the following three (3) categories: Neighborhood Commercial, Residential Town Home and Residential Single Family. All commercial Lots will be included in the Silverbrook Estates parking district. Each of the commercial Lots is subject to additional assessments relative to their parking obligation associated with that Lot. Section 5.6 Due Date of Assessments: The annual assessments shall be payable in monthly installments as directed by the Board of Directors. The Board of Directors shall make provision for prepayment of the annual assessment such that the Members have the ability to prepay their assessments quarterly or annually. Due dates for assessments shall be determined by the Board of Directors. The Board of Directors shall fix the amount of the annual assessments upon each Lot at least thirty (30) days in advance of the due date of each annual assessment, and at least ninety (90) days in advance of special assessments. Written notice of the annual and special assessments shall be mailed or personally delivered to every Owner subject thereto, at the last known mailing address. Section 5.7 Failure to Pay Assessments; Remedies of the Association: Any assessment not paid within thirty (30) 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 against the Owner 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 Common Areas, 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. If the assessment is not paid within thirty (30) 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 shall be entitled to recover from the Owner any and all reasonable attorney's fees and costs incurred in the collection of any delinquent assessments. Declaration of Covenants — Silverbrook Estates Page 10 Section 5.8 Sale or Transfer of a Lot: The sale, transfer or encumbrance of any Lot shall not affect the personal liability of the Owner responsible for the assessment or the assessment lien if the lien is recorded in the records of Flathead County, Montana. 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 closing the transaction. ARTICLE VI SUSTAINABILITY Section 6.1 Commitment to Sustainable Development: The preservation of the natural beauty and quality of life found in the Flathead Valley — sustainability — is an important objective of Silverbrook Estates. These Covenants are intended to promote and ensure a more environmentally conscious way of living. There are provisions throughout these Covenants and the Design Guidelines which emphasize and foster the concept of sustainability. All such provisions must be met by any development project within Silverbrook Estates, unless a waiver or variance is granted by the Design Review Committee. ARTICLE VII DESIGN GUIDELINES Section 7.1 Intent of Design Guidelines: The intent of the Design Guidelines, a separate document adopted to govern the building of any and all structures in Silverbrook Estates, is to define a level of quality and consistency of building design which will maximize the overall quality of Silverbrook Estates. The creativity of the Owners and their professional consultants will be respected. Individual expression is encouraged, provided it is harmonious with the overall character established by the Design Guidelines, Section 7.2 Compliance With Design Guidelines: The Design Guidelines are incorporated herein by reference and are enforceable as if they were a part of the Covenants. All Improvements shall be in conformance with the Design Guidelines. Variances may be granted if a plan is of excellent architectural design and meets the overall philosophy of the Design Guidelines. Section 7.3 Design Review Committee: The Silverbrook Estates Design Review Committee (DRC) is hereby established and shall carry out all duties bestowed upon it by the Association, these Covenants, the Design Guidelines and any amendments to such documents. Declaration of Covenants — Silverbrook Estates Page 11 The procedures for seeking DRC review and approval of any proposed Improvement are set forth in the Design Guidelines. No Improvement of any kind shall be commenced without the written approval of the DRC. Each structure must be constructed in compliance with the Design Guidelines, including but not limited to, location, size, height, color, materials, design and all other requirements of the Design Guidelines. All landscaping must be installed within the first growing season following substantial completion of any residential or commercial development. ARTICLE VIII SILVERBROOK ESTATES DESIGN REVIEW COMMITTEE (DRC) Section 8.1 Authority of DRC: The Silverbrook Estates Design Review Committee (DRC) shall act in addition to, and not in lieu of the City of Kalispell and its planning and zoning authority, to which Silverbrook Estates is subject. Neither the City of Kalispell nor its Planning Board, however, is an appeal board for the DRC. The DRC is given authority through Article VII above. Section 8.2 DRC Organization and Enforcement: The DRC will be organized by the P.O.A., which is responsible for appointing DRC members and setting their terms of service. The DRC shall consist of three to seven members appointed by the P.O.A. Section 8.3 Purpose of the DRC: The DRC is established and given the authority to coordinate, interpret, apply and assure fair and equitable implementation of the Covenants and Design Guidelines. The objective of the DRC is to encourage a level of quality that will enhance both the natural and built environments of Silverbrook Estates. Section 8.4 Duties of the DRC: The DRC is responsible for administering the Covenants and Design Guidelines and performing the following duties: 8.4.1 Adopt Rules: To adopt such reasonable rules and procedures as it deems necessary to carry out its functions. 8.4.2 Require Plans: To require any of the following it deems necessary for its review of a project: a) Site plans b) Landscape plans c) Building plans, elevations, and associated drawings d) Material and color samples e) Other information deemed appropriate to individual proposals Declaration of Covenants — Silverbrook Estates Page 12 8.4.3 Require Review of All Improvements: To require that all proposed Improvements be reviewed under the design review process (see Article IX, below) and that all plans are reviewed and approvals granted before the commencement of any construction. 8.4.4 Enforce Rules: The DRC is given broad powers to apply and enforce all rules relating to Improvements, and to: a) Determine the adequacy of plans submitted to it; b) Enforce height requirements contained in the Covenants and Design Guidelines and to impose such requirements where they are not specified; c) Reject materials, design, and colors submitted with plans and the plans themselves, if they are not compatible with or are inappropriate to the overall vision of Silverbrook Estates or do not conform to the Design Guidelines; d) Hear all testimony related to variances and grant variances to the Covenants and Design Guidelines as it deems appropriate; e) Interpret the Covenants and Design Guidelines as it deems appropriate and make rulings thereon; f) Require that all improvements be constructed in substantial compliance with approved plans and specifications; g) Enforce the Covenants and Design Guidelines in a court of law; h) Revoke or suspend approvals and order the suspension or cessation of any construction in violation of the Covenants or Design Guidelines or any approval issued by the DRC; and i) Require that a fee of $200 for residential projects or $1,000 for commercial projects be paid to the P.O.A. for the review of building plans and specifications. Section 8.5 Liability: Neither the DRC, the Association or the Declarant, or any member thereof, shall be liable to any Owner or any other person or entiq for any damage, loss or prejudice suffered or claimed on account of the following, so long as the DRC or member has acted in good faith: a) The approval or rejection of any plans, drawings or specifications, whether or not defective; b) The construction or performance of any work, whether or not pursuant to approved plans, drawings or specifications; c) The development or manner of development of any property within Silverbrook Estates; and d) Any other act carried out in the DRC's or member's official capacity. Declaration of Covenants — Silverbrook Estates Page 13 ARTICLE IX DESIGN REVIEW PROCESS Section 9.1 Applicability of Design Review Process: The design review process must be followed for any of the following: a) Construction of any building; b) Renovation, expansion, or refinishing of the exterior of any building; c) For commercial buildings, interior changes which affect the major function of a building; d) Site alterations, including roads, parking and driveways; e) Major landscaping including fences and walls; f) Exterior lighting changes; and g) Utility installation or modification. In addition to meeting the requirements of the Covenants and Design Guidelines, an Owner must comply with the requirements of all governing agencies including the City of Kalispell and the State of Montana in order to obtain required building permits, certificates of occupancy, temporary certificates of occupancy or similar authorizations. Section 9.2 Plan Requirements: All architectural and building plans submitted to the DRC shall be of architectural quality prepared by a licensed architect or architectural designer. All site, landscape and irrigation plans shall be prepared by a certified irrigation designer, landscape architect or landscape designer. The DRC shall reject materials, designs and colors submitted with the plans, and the plans themselves, if they do not comply with the Covenants and Design Guidelines, or are not compatible with the overall plan for Silverbrook Estates. Section 9.3 Plan Review and Approval. The Silverbrook design review process consists of two steps; Initial Plan Review and Final Plan Review and Approval. It is recommended that Owners follow this two-step process for any major building project. Owners may, however, submit materials for Final Plan Approval without an Initial Plan Review, Owners may appeal unfavorable DRC decisions to the Silverbrook Estates Property Owners Association. 9.3.1 Initial Plan Review: The purpose of the Initial Plan Review is to consider the conceptual design of the proposed project. The review will consider existing site conditions and planned improvements, building floor plans and elevations, roof design, architectural character or expression, exterior materials, grading, drainage and erosion control measures. Owners and their representatives should consult the Initial Plan Review Checklists and Evaluation Criteria for submission requirements. The Initial Plan Review consists of the following steps: Declaration of Covenants — Silverbrook Estates Page 14 1. The Owner/architect prepares and submits to the DRC two copies of the Initial Plan which must include all information required by the Initial Plan Review Checklist. 2. The DRC reviews the Initial Plan at a scheduled meeting and notifies the Owner in writing of its findings within ten (10) working days. 3. If necessary, the Owner may resubmit an Initial Plan or appeal to the P.O.A, within thirty (30) working days. 9.3.2 Final Plan Review and Approval: The Final Plan Review and Approval addresses the final design details of the project. The review will consider planned improvements, building elevations, building sections, roof design, architectural character or expression, exterior materials, site conditions, grading, drainage and erosion control measures. The Final Plan Review Checklist and Evaluation Criteria set forth the submission requirements. The Final Plan Review and Approval consists of the following steps: 1. Upon approval of the Initial Plan the Owner/architect shall prepare and submit two copies of the Final Plan which shall include all information required by the Final Plan Review Checklist. 2. The DRC notifies the Owner in writing of the Final PIan Approval decision within ten (10) working days. 3. Upon issuance of written approval, the Owner may apply for a building permit and design approval from the governing authorities. Chapter XI of the Design Guidelines contains the Checklist Forms, listing the required steps and submittals needed for both the Initial PIan Review and the Final Plan Review. To make sure that the Owner, the Owner's architect, builder or other representative files a complete submittal package with the DRC at each stage of the review, it is recommended that these forms be used in compiling the necessary materials prior to scheduling a review by the DRC. ARTICLE X CONSTRUCTION PROCEDURES Section 10.1 Approvals Required Prior to Commencement of Construction: No construction may be commenced until Final Plan Approval has been received from the DRC and all required building permits have been issued by the appropriate regulatory authorities. Building construction must strictly conform to the approved Final Plan and must be completed within twelve (12) months after DRC approval unless an extension is granted by the DRC in writing. Declaration of Covenants — Silverbrook Estates Page 1.5 Section 10.2 Plan Modifications: All modifications to previously approved site, landscape or building plans must be submitted to and approved by the DRC. Section 10.3 Construction Codes: All structures shall be constructed in compliance with applicable state, local and federal codes for construction, including codes for seismic Zone 3 and National Fire Protection Codes. Section 10.4 Construction Regulations: 10.4.1 Noise Abatement and Hours of Work. Heavy equipment operation and other loud noise from construction is prohibited between 7:30 o'clock p.m. and 6:30 o'clock a.m. No blasting is permitted at any time. 10.4.2 Construction Staging and Material Storage: All construction staging, including but not limited to, daily vehicular movement and parking, material storage, equipment storage, construction trailer placement, etc., must take place within the Lot for which the building permit was issued unless an alternate staging area is approved in writing by the DRC. 10.4.3 Trash Containment and Removal: Trash and construction debris shall be cleaned up on a daily basis in containers which shall be emptied on a regular basis to insure sufficient room to store trash at the end of each working day. Owners must ensure that their contractors remove and dispose of, at an authorized county landfill, any excess trash and construction debris. Burning of construction debris within Silverbrook Estates is prohibited. 10.4.4 Tree and Property Protection: Construction practices must include care during grading and excavation to avoid damage to existing trees and shrubs and their root structures. All construction equipment and activity including vehicular movement, unloading or daily parking, as well as stockpiling of materials and topsoil must be kept within the perimeter of the Lot unless specific written authorization to do otherwise is obtained from the DRC. Any adjacent property including roads or Common Areas damaged during construction shall be promptly restored and re - vegetated to the satisfaction of the DRC. If such restoration is not completed promptly, the DRC may contract for such restoration with all costs to be charged to the Lot Owner or person in whose name the Final Plan approval was issued. 10.4.5 Temporary Structures: A small job office or trailer may be located on the site during the construction period. The job office must be removed from the site prior to occupancy. 10.4.6 Construction Sequence: No accessory structures, buildings, garages or sheds may be constructed or maintained on any Lot prior to the Declaration of Covenants — Silverbrook Estates Page 16 construction of the main structure of the residence. Provided, however, that the provisions of this sub -paragraph shall not preclude temporary construction shelters (addressed in Section 10.4.5, above). 10.4.7 Erosion Control: All disturbed areas shall be protected from erosion during and after the construction period. Erosion control shall be implemented during construction to insure soil stabilization and sediment control, and to foster timely re -vegetation. No Owner may change the drainage pattern on any Lot without the specific approval of the DRC. Section 10.5 Building Inspections. The DRC will not inspect projects for building code conformance. Compliance with building codes and regulations is the responsibility of each Owner. The DRC will, however, from time to time inspect construction sites for compliance with approved plans, the Covenants and Design Guidelines. It is the responsibility of the Owner or the Owner's representative to contact the appropriate state, local and other authorities regarding electrical, plumbing and other required inspections for building code conformance. Section 10.6 Construction Commencement and Completion: Each Owner must have secured DRC approval for and commenced construction of, the primary residential structure for the Lot within three (3) years of the Owner's acquisition of such Lot. The primary residential structure must then be substantially completed within twelve (12) months from the commencement of construction. Section 10.7 Construction Time Extensions and Penalties: The POA may, in its discretion and subject to appeal to and review by the Board, extend the construction time limits set forth in this Article X, or impose appropriate penalties for failure to comply with such time limits. Such penalties may include fines which will be treated in the same manner as assessments, which if not timely paid will become a lien against the Owner's Lot. ARTICLE XI PROPERTY USE AND RESTRICTIVE COVENANTS Section 11.1 Hunting: No hunting of, shooting at or harassing of birds, animals or other wildlife is permitted. Skunks, gophers and rodents may be trapped; however, poison may not be used. Section 11.2 Pets: No livestock, poultry or other animals, except domestic dogs and cats, or small house pets and birds, are permitted. Excessive numbers of pets of any type are not allowed. Numbers become excessive when the pets become uncontrollable from within the interior confines of the structure on the property, thus becoming a nuisance to neighboring properties. Declaration of Covenants - Silverbrook Estates Page 17 All dogs, cats and other pets shall be strictly controlled by their owners so as not to annoy or interfere with the use of the properties by the other Owners and to prevent any interference or harassment of wild birds or animals in the subdivision or on surrounding or adjacent properties. Dogs and cats shall be kept on the owner's property and shall not be allowed to roam free. Dogs must be kept on a leash when not on the owner's Lot and pet owners shall immediately pick up all pet feces from other Lots or Common Areas. Section 11.3. Artificial Feeding: The artificial feeding of any big game animal is prohibited. Section 11.4. Animal Proof Containers: All garbage must be stored in animal - proof containers. Foodstuffs, including garden, pet and other sources may not be stored out of doors unless kept secure in animal -proof containers. Section 11.5. Acceptance of Wildlife Damage: Lot Owners acknowledge that wildlife damage to landscaping will occur. Lot Owners accept that risk and shall not file claims against adjacent Lot Owners, the Association, or any other governing body for such damage unless it is established that a violation of these Covenants led to such damage. Section 11.6 Open Space and Trail Maintenance: The Association shall be responsible for the maintenance of all trails within Silverbrook Estates. The Association shall also be responsible for weed control, mowing, irrigation, care and maintenance of all Common Areas and Open Spaces as well as any other common amenities within Silverbrook Estates. The Association will use the assessment process to collect funds to pay for such care and maintenance. Section 11.7 Noxious Weeds: In order to comply with the requirements of the Flathead County Weed Control District and the Montana Noxious Weed Control Act, the following rules apply: 11.7.1 Responsibility for Control: The P.O.A. is responsible for noxious weed control in all Open Spaces and Common Areas within the subdivision. Each Owner is responsible for the Owner's Lot. The P.O.A. will also act as the contact point for any noxious weed complaints within the subdivision. The control of noxious weeds by the P.O.A. on those areas for which the P.O.A. is responsible and the control of noxious weeds by individual Owners on their respective Lots shall be as provided in the Montana Noxious Weed Control Act (Section 7-22-2101, et seq., MCA) and the rules and regulations of the Flathead County Weed Control District. 11.7.2 Failure to Control; Authority of P.O.A.: Both improved and unimproved Lots shall be managed for noxious weeds. In the event an Owner does not adequately control the noxious weeds, after ten (10) days notice from the P.O.A., the P.O.A. may cause the noxious weeds to be controlled. The cost and Declaration of Covenants — Silverbrook Estates Page 18 expense associated with such weed management shall be assessed to the Lot and such assessment will become a lien if not paid within thirty (30) days of the mailing of such assessment. Section 11.8 Water Testing: Silverbrook Estates will be connected to City of Kalispell water and sewer. Any and all testing shall be performed by the appropriate authorities appointed by the City of Kalispell. Section 11.9 Road Maintenance: All roads within the Silverbrook Estates Subdivision are to be owned and maintained by the City of Kalispell. However, within the road rights -of -way owned by the City of Kalispell there may be medians, landscaping and other amenities which will be owned or controlled and maintained by the P.O.A. These common amenities are considered part of the Silverbrook Estates Common Area. Section 11.10 Driveway Location and Installation: All Lots may have only one driveway access. Each driveway access point must be at least fifty (50) feet from the nearest road intersection. Driveways and driveway location must be pre -approved by the DRC. Silverbrook Estates, through the Association or other designated representative will install and construct all driveway aprons from the adjoining street or boulevard to the inside edge of the sidewalk on the Owner's Lot. Upon securing approval of a site plan from the DRC with an approved driveway location, the Lot Owner should advise the DRC of its anticipated construction schedule and request that the DRC schedule installation of the driveway apron. All costs of the installation of the driveway apron are the responsibility of the Lot Owner. The Association can require that such costs be paid in advance in accordance with whatever arrangements the Association deems appropriate. Section 11.11 Fencing. Fences projecting beyond the primary facade of residences are prohibited. All fences must be constructed with the finished fagade to the exterior of the Lot upon which the fence is being erected. The Declarant will install fencing along all residential rear lot lines along Silverbrook Drive and Church Drive. Section 11.12 Exterior Lighting: All exterior lighting shall be reflected downward with full cutoff illuminairies. No light spill outside of the property being illuminated is permitted. Exterior lighting may contribute only minimally to light pollution. Section 11.13 Storage of Equipment: No Lot or adjacent street or road may be used for the storage of any inoperable vehicle, machinery or equipment. No Lot may be used for storage of any articles, vehicles, equipment or other personal property of any quantity in excess of the immediate needs and personal use of the Owner of the Lot or the occupants and guests thereof as the case may be, and shall not interfere with the use or enjoyment of neighboring Lots. Section 11.14 Commercial Equipment: No Lot or adjacent street or road may be used for the outside parking or storage of any commercial trucks, large commercial vehicles or other heavy equipment, except as may be reasonably necessary during periods Declaration of Covenants — Silverbrook Estates Page 19 of construction. Nothing herein shall prohibit the storage of such vehicles within the confines of a garage approved by the DRC. Section 11.15 Recreational Equipment: All campers, trailers, motor homes, boats and all other recreational equipment shall only be parked on the owner's Lot. In no event shall such equipment be parked on roads, nor shall any equipment be parked such that it is visible from the streets or adjacent Lots for a period exceeding two (2) days in any thirty (30) day period. Storage or location of such equipment and vehicles for periods longer than those permitted by this section is allowed only in an enclosed garage or other screened area with such garage or screen having been approved by the DRC. Section 11.16 Offensive Activity: No noxious odors or offensive activity shall take place upon any portion of the Property, nor shall anything be done thereon which may be, or may become, an annoyance to the neighborhood. Firearms may not be discharged anywhere on the Property. Any violation of applicable city, county or state laws or ordinances or other applicable governmental regulations constitutes a violation of these Covenants and may be enforced by the Association or individual Lot Owners. Section 11.17 Ditches, Ponds and Water Courses: Each Owner of property within Silverbrook Estates acknowledges the presence of water features located in the Open Spaces and Common Areas of the development. Each Owner of property within Silverbrook Estates, as individuals and as members of the Association, acknowledges that water could pose a danger to humans, animals and property. By this acknowledgement, each Owner of property within Silverbrook Estates, as individuals and as members of the Association, assumes the normal and ordinary consequences of their actions when in, next to, or in the vicinity of water features within Silverbrook Estates, ARTICLE XII OWNERS RESPONSIBILITIES FOR MAINTENANCE Section 12.1 Owners Responsibility for Lot: Except as provided in this Declaration or by written agreement with the Association, all maintenance of a Lot and the Improvements located on it will be the sole responsibility of the Owner of the Lot. For purposes of allocating responsibility for landscape maintenance between the Lot Owners and the Association, the Lots will be defined as the area from the back of the curb to the rear lot line. Each Owner will maintain its Lot in accordance with the community -wide standard of Silverbrook Estates. The Association will, in the discretion of the Board, assume the maintenance responsibilities of such Owner if, in the opinion of the Board, the level and quality of maintenance being provided by such Owner does not satisfy such standard. Before assuming the maintenance responsibilities, the Board will notify the Owner in writing of its intention to do so, and if the Owner has not commenced and diligently pursued remedial action within thirty (30) days after the mailing of such written notice, then the Association may proceed. The expenses of the maintenance by Declaration of Covenants—.Silverbrook Estates Page 10 the Association will be reimbursed to the Association by the Owner within thirty (30) days after the Association notifies the Owner of the amount due, and any sum not reimbursed within that thirty (30) day period will bear interest from the date of the expenditure until payment in full. Such charges will be a lien against the Lot. Section 12.2 Owner's Negligence: If the need for maintenance, repair or replacement of any portion of the Common Areas (including Improvements located on them) arises because of the negligent or willful act or omission of an Owner or his family member, guest, invitee or tenant, then the expenses incurred by the Association for the maintenance, repair or replacement will be a personal obligation of that Owner. If the Owner fails to repay the expenses incurred by the Association within 30 days after the notice to the Owner of the amount owed, then those expenses will bear interest from the date incurred by the Association until payment by the responsible Owner in full, and all such expenses and interest will become a lien against the Owner's Lot. ARTICLE XIII EMERGENCY SERVICES Section 13.1 Fire and Ambulance: Silverbrook Estates will be under the jurisdiction of the Kalispell Fire Department. Ambulance service will be provided by the Kalispell Fire Department. ARTICLE XIV OPEN SPACES Section 14.1 Purpose and Public Access: The Open Space within the development shall be accessible for public use by the Owners of Silverbrook Estates as well as the local community. Section 14.2 Mandatory Requirements: The Open Space as designated on the final plat shall be preserved in perpetuity. The Board, among its other duties, shall establish and levy assessments to pay for the taxes, insurance, maintenance and other expenses associated with the Open Space and Common Areas under the control and authority of the Association. The Association shall be responsible for liability insurance, local taxes and maintenance of recreation and other facilities in designated Open Spaces and Common Areas. The assessments levied by the Association for the maintenance, upkeep, repair and operation of said Open Spaces and Common Areas, like all other assessments, constitute a lien on each Lot within Silverbrook Estates, The Board may, in its discretion, adjust the assessments to meet the changing needs of the Silverbrook Estates community and the areas serving the community. Declaration of Covenants — Silverbrook Estates Page 21 Section 14.3 Permissible Uses: I be allowed within any of the Open Spaces prohibited unless approved by the P.O.A. o motorized travel or horseback travel will or Common Areas. Signage is also hereby Section 14.4 Nuisances: No Owner, guest or invitee may use or occupy the Open Space, trails, roads, Common Areas 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 Silverbrook Estates. Violations shall be enforced as provided for in Article XIV of these Covenants. Section 14.5 Control and Management: The Association shall have the exclusive right and obligation to manage, control, improve and maintain the Open Space and Common Areas within Silverbrook Estates. ARTICLE XV UTILITIES INSTALLATION AND MAINTENANCE Section 15.1 Utilities Easements: Easements for utilities such as electricity, gas, sewer, water, television, telephone and cable communications and other utility equipment shall be as designated on the Silverbrook Estates Subdivision Plat. All utility installations shall be underground. All Owners shall have the right to enter upon and excavate in such easements upon securing the approval of the DRC. Easements for ingress and egress and for utilities shall not be moved, deleted or restricted without the written approval of all affected Lot Owners and the Association. Utility companies and Owners must promptly restore disturbed areas to a condition as close as possible to the natural condition of the land before work commenced. Section 15.2 Utilities Installation and Maintenance: Silverbrook Estates or its designated representative shall install and maintain utility services to the Lots or to points in close proximity to the Lots. Owners shall bear all responsibility and costs for extending utilities from such points. All utilities shall be installed and maintained underground. Piping and wiring shall be concealed. Each owner shall be responsible for utility installation and maintenance in accordance with applicable state and local regulations and the requirements of the DRC. Section 15.3 Water and Sewer: All improvements or structures designed for occupancy or use by humans shall be connected to domestic water and sewer service provided by the City of Kalispell. All Lot Owners shall hook up to the city water and sewer systems when a structure is constructed on a Lot. Declaration of Covenants — Silverbrook Estates Page 22 ARTICLE XVI ENFORCEMENT, TERM AND AMENDMENT Section 16.1 Right to Enforce: The Owner of each Lot shall be primarily liable, and the Occupant, if any, secondarily liable for the violation or breach of any covenant, condition or restriction contained in this Declaration or in the Design Guidelines. Violation or breach of any such covenant, condition, restriction or requirement shall give to Declarant, or the Association, following thirty (30) days written notice to the Owner or Occupant in question the right, privilege and license to enter upon the Lot where said violation or breach exists and to abate or remove, at the expense of the Owner or Occupant, any improvement, structure, thing or condition present on such Lot which is in violation of or contrary to the intent and meaning of these Covenants. The Declarant and the Association may also bring an action at law or in equity against the person or persons who have violated or are attempting to violate any of these Covenants, to enjoin or prevent a violation or to require that a violation which has already occurred be remediated. No such entry by Declarant, the Association or their agents shall be deemed a trespass, and neither Declarant nor the Association or their agents shall be subject to liability to the Owner or Occupant of said Lot for such entry or any action taken to remediate a violation. The cost of any abatement, removal or other remediation 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 lien for delinquent assessments) upon the Lot in question. The lien provided for in this section shall not be valid as against a bona fide purchaser or mortgagee for value of the Lot in question unless a suit to enforce said lien shall have been filed in a court of record in Flathead County, Montana, prior to the recordation of the deed or mortgage conveying or encumbering the Lot to such purchaser or mortgagee. Section 16.2 Right of F.ntry: During reasonable hours and upon reasonable advance notice (not less than twenty-four (24) hours), and subject to reasonable security requirements, Declarant, the Association or their agents, shall have the right to enter upon and inspect any Lot and the improvements thereon 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 or their agents shall be deemed to have committed a trespass or wrongful act by reason of such entry or inspection. Section 16.3 Enforcement: Enforcement of these Covenants may be by proceedings either at law or in equity against any person or persons violating, or attempting to violate, any provision of this Declaration. The legal proceedings may be to restrain the violation, to remediate a violation which has already occurred, to recover damages, or any combination thereof. 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 Covenants, and should the Association or Owner enforcing the provisions of the Covenants 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 timeassociated with the action. Declaration of Covenants — Silverbrook Estates Page 23 Section 16.4 Failure to Enforce Not a Waiver: The failure of the Declarant, the Association or an Owner, to enforce any covenant or restriction contained herein shall not be deemed a waiver nor shall it in any way prejudice the right to later enforce that covenant or any other covenant thereafter, or to collect damages for any subsequent violation. The waiver, or granting of a variance of a covenant by the Board or non -action of the Association or Declarant in the event of a violation of a covenant by an Owner, shall not be deemed to waive or nullify the covenant or impair enforcement thereof as it pertains to other Owners or Lots. Section 16.5 Covenants Run Willi Title: In any conveyance of a Lot or other portion of the Property, it shall be sufficient to insert a provision in any deed or instrument of conveyance to the effect that the property is subject to protective or restrictive covenants without setting forth such restrictions and covenants verbatim or in substance in said deed and without referring to the recording data. All of the Lots and other portions of the Property shall be subject to the restrictions of this Declaration whether or not there is a specific reference to it in a deed or instrument of conveyance. Section 16.6 Protection of Mortgagees: A breach of any restrictions or covenants contained in this Declaration 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 Property or any improvements thereon. However, this Declaration shall be binding upon and shall inure to the benefit of any subsequent owner whose title thereto was acquired by foreclosure, trustee sale or otherwise. Section 16.7 Term of Declaration: This Declaration and any amendments to it will remain in effect until the 50th anniversary of the date this Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana. Thereafter this Declaration will be automatically extended for five successive periods of ten (10) years each, unless otherwise terminated or modified as provided below. Section 16.8 Amendment. Subject to the limitations of Sections 16.4 and 16.5, this Declaration, or any provision of it, may be terminated, extended, amended or revoked as to the whole or any portion of the Property as follows: 16.8.1 Prior to Sale of Lots: Prior to the sale of any Lot (excluding any sale to a person or entity affiliated with Declarant), Declarant may terminate, extend, amend or revoke this Declaration as to the whole or any portion of the Property by recording in the records of Flathead County, Montana, a document signed by the Declarant stating the action taken. 16.8.2 After Sale of Lots But During Period of Declarant Control: After the sale of a Lot (excluding any sale to a person or entity affiliated with Declarant) but before expiration of the Period of Declarant Control, Declarant may terminate, extend, amend or revoke this Declaration as to the whole or any Declaration of Covenants — Silverbrook Estates Page 24 portion of the Property. A copy of the document stating the action intended to be taken by the Declarant and a notice of the Owner rights under this Section shall be mailed to each Owner by first class mail, postage prepaid, to the address of the Owner in the records of the Association. Unless written objection is received by Declarant from the Owners holding seventy-five percent (75%) or more of the votes within thirty (30) days of the mailing of the notice to the Owners, the action proposed to be taken by the Declarant shall be considered approved and shall become final. The Declarant shall then record in the records of Flathead County, Montana, a document stating the action taken, together with a certificate certifying that notice was given to the Owners as required herein and that fewer than seventy-five percent (75%) of the Owners objected to the action. 16.8.3 After the Period of Declarant Control: After the Period of Declarant Control, this Declaration, or any provision of it, may be terminated, extended, amended or revoked as to the whole or any portion of the Property upon the written consent of Owners holding seventy-five percent (75%) or more of the votes in the Association. The amendment will be immediately effective upon recording in the records of Flathead County, Montana, the document setting forth the amendment executed and acknowledged by the necessary number of Owners, or alternatively, upon the recording in the records of Flathead County, Montana, of a copy of the document together with a certificate signed by an officer of the Association stating that the required number of consents of Owners were obtained. Section 16.9 Declarant Approval: Notwithstanding the provisions of Section 14.10, no termination, extension or amendment of this Declaration will be effective in any event during the Period of Declarant Control unless the written approval of Declarant is first obtained. Section 16.10 City Approval: None of the covenants or other provisions of this Declaration required as a condition of plat or subdivision approval by the City of Kalispell may be amended or repealed without the prior written consent of the City of Kalispell. ARTICLE XVII ZONING REGULATIONS AND CODES Section 17.1 General Information: Silverbrook Estates is located within the jurisdictional area of the City of Kalispell. All improvements in Silverbrook Estates shall comply with the ordinances of the City of Kalispell as well as this Declaration and the Design Guidelines for the development. In addition to the Design Guidelines, building design and construction will be regulated by city, county, state and federal regulatory agencies having jurisdiction. The Owners and their agents shall be responsible to ensure they are in compliance with all such regulations. Approval of a project by the DRC does not necessarily mean that the project is in compliance with such codes and regulations. Declaration of Covenants — Silverbrook Estates Page 25 Owners must ensure independently that their project is in compliance with all applicable local, state and federal codes and regulations. Any impact fees or other charges or assessments imposed on an Owner's project or in connection with the improvement of an Owner's Lot by the City of Kalispell or other regulatory authority are the responsibility of the Lot Owner. Lot Owners and residents of the subdivision are hereby notified that there are agricultural activities on adjoining and nearby properties. Lot Owners recognize and accept that standard agricultural and farming practices can result in dust, smoke, animal odors, flies and machinery noise. Standard agricultural practices include the use of heavy equipment, chemical sprays, periodic burning and the use of machinery early in the morning and sometimes late into the evening. No construction or alteration of any Improvements, including any site work, whether temporary or permanent, including but not necessarily limited to buildings, fences, walls, earthwork, paving, vegetation, signs or secondary structures such as utility or trash enclosures may be commenced on any Lot prior to receiving the written approval of the DRC. Section 17.2 General Development Parameters: 17.2.1 Density: Not more than one single family residence may be built on each single family residential Lot. 17.2.2 Allowable Uses — Residential: The residential Lots shall be used exclusively for residential purposes, and no more than one family (including its servants and transient guests) shall occupy such residence; provided however, that nothing in this subparagraph shall be deemed to prevent: a) The construction of detached garages which shall be in accordance with the Covenants and Design Guidelines. b) An artist, artisan or craftsperson from pursuing his or her artistic calling upon the Lot or dwelling unit owned by such artisan, if such artist, artisan, or craftsperson uses such Lot or dwelling unit for residential purposes, is self-employed and has no employees working on such Lot or in such dwelling unit, and does not advertise any product or work or art for sale to the public upon such Lot or in such dwelling unit. c) The leasing of any Lot by the Owner thereof, subject, however, to all of the restrictions as may be adopted from time to time by the Association. Among the uses which are prohibited are safe houses, group day care facilities, and day care centers. (See Kalispell Zoning Ordinance 27.37.010 for definitions.) Declaration of Covenants — Silverbrook Estates Page 26 17.2.3 Allowable Uses — Commercial. The purpose of the commercial district is to provide goods and services primarily to the residents of Silverbrook Estates and their guests. It is also intended to be a buffer zone between the residential zone and the intersection of U.S. Highway 93 and Church Drive. The base zoning for the commercial district shall conform to K.alispell's B-1 zoning. Prohibited uses include but are not limited to light manufacturing, automobile service centers, adult novelty/bookstores and pawn shops. 17.2.4 Building Envelopes: Each Lot in Silverbrook Estates shall have a building envelope surveyed and located on site. The building envelopes are established by the setbacks which are set forth in Section 17.2.5, below. All dwellings, exterior parking spaces, garages, sheds, carports, porches and decks shall be contained within the building envelope. The DRC may approve the location of swimming pools outside the building envelope, so long as adequate and acceptable screening and fencing approved by the DRC is provided. 17.2.5 Setbacks and Building Envelopes: The following setback distances must be observed throughout Silverbrook Estates: a) Residential Town Home Lots: ■ 5' side yard ■ 10' front yard ■ 10' rear yard ■ 0' shared side yard b) Single Family Residential Lots: ■ 10' side yard ■ 25' front yard ■ 20' rear yard ■ 25' side corner yard 30' rear yard where adjacent to Open Spaces along the Stillwater River and its tributaries c) Commercial Lots: ■ 5' front yard ■ 10' side yard • 5' rear yard d) Tennis courts, swimming pools and other areas of active use and noise shall be buffered from adjacent properties. e) Additional setbacks from tree masses, native vegetation transition zones, topography, drainage, view corridors, roads, paths and utility easements may be required by the DRC. f) A minimum setback of 100 feet is required for all buildings adjacent to areas on the plat delineated as wetlands and 50 feet to areas on the plat delineated as waterways. g) Any building envelope overlapping with front, rear or side yard setbacks shall be restricted by the required setbacks. Declaration of Covenants - Silverbrook Estates Page 27 17.2.6 Maximum Lot Coverage: The maximum allowable coverage of any Lot subject to the R-2 residential zone under the City of Kalispell zoning ordinance by any built surface (driveway, garage, primary residence, auxiliary structure, decking, etc.) shall be no greater than thirty-five percent (35%) of the Lot 17.2.7 Maximum Building Footprints and Minimum Floor Areas. Single family residences shall have a maximum building footprint of 5000 square feet excluding exterior parking spaces and decks. The minimum floor area at or above ground level (single floor) of any single family residence shall not be less than 1800 square feet for a single story home and not less than 1600 square feet on the main level for a two-story home. Minimum square footage for a two-story home shall not be less than 2400 square feet. These square footages are exclusive of exterior parking spaces and decks. The ground level (walkout) portion of a basement shall be considered in the calculation of minimum floor area. Each principal residential structure shall have at a minimum, an attached or detached single -car garage, with not more than a three -car garage on any Lot. The maximum total square footage of any residence and its associated auxiliary buildings shall be 8000 square feet. Residential Town Home residences shall have a maximum building footprint of 1800 square feet or forty-five percent (45%) of the lot square footage (whichever is less), excluding exterior parking spaces and decks. Commercial properties have no maximum footprint or lot coverage requirements except as limited by the confines of the applicable setbacks. All building size requirements are subject to the maximum lot coverage restrictions set forth in Section 17.2.6, above and the applicable City of Kalispell zoning ordinance, which take precedence over building size requirements and allowances. 17.2.3 Building Height: Maximum allowable building height is set at thirty (30) feet from the natural ground surface to the highest point on the roof or parapet wall for commercial structures and thirty-five (35) feet from the natural ground surface to the highest point of the roof or parapet wall for residential structures. 17.2.9 Applicable Codes: The following codes, standards and regulations are applicable to Silverbrook Estates and compliance with them is required: a) Silverbrook Estates Design Guidelines Declaration of Covenants — Silverbrook Estates Page 28 b) Covenants of Silverbrook Estates c) City of Kalispell Zoning Ordinance d) Uniform Building Code (UBC) e) National Electric Code f) Uniform Mechanical Code g) Uniform Fire Code h) National Fire Protection Association Code i) State Fire Code Standards j) Montana Energy Code k) All other applicable local, state, and federal regulations ARTICLE XVIII EXPANSION AND WITHDRAWAL Section 18.1 Reservation of Right to Expand: Declarant reserves the right, but will not be obligated, to expand the effect of this Declaration to include all or part of the Expansion Property. The consent of the existing Lot Owners and Mortgagees will not be required for any such expansion, and Declarant may proceed with such expansion without limitation at its sole option. Declarant will have the unilateral right to transfer to any other person this right to expand by an instrument duly recorded. Declarant will pay all taxes and other governmental assessments relating to the Expansion Property as long as Declarant is the owner of such property. Section 18.2 Completion of Expansion: When Declarant has determined that no further property shall be added to the Project, Declarant shall notify the Association in writing. Until such notice is given, Declarant retains the right to designate additional property as Expansion Property. Section 18.3 Declaration of Annexation: Any expansion of the Project may be accomplished by recording a notice of such annexation and one or more supplemental plats in the records of the Clerk and Recorder of Flathead County, Montana. The declaration or notice of annexation will describe the real property to be annexed, and subject it to these Covenants with all exceptions and additional restrictions or reservations noted. Specifically, each new Lot in the annexed area will be allocated one vote and liability for common expenses and assessments equal to the liability allocated to each of the existing Lots and the proportionate voting interest and allocation of common expenses for the existing Lots will be adjusted accordingly. Such annexation will not require the consent of Owners, the Association or the Board of Directors. Any such expansion will be effective upon the filing for record of such declaration or notice of annexation, unless otherwise provided therein. The expansion may be accomplished in stages by successive annexations or in a single expansion. Upon the recordation of any such notice of annexation, the definitions used in this Declaration will be expanded automatically to encompass and refer to Silverbrook Estates as expanded. Such notice of annexation may add supplemental covenants specific Declaration of Covenants — Silverbrook Estates Page 29 to the Expansion Property in question, or delete or modify provisions of this Declaration as it applies to the Expansion Property. However, this Declaration may not be modified with respect to that portion of the Property already subject to this Declaration, except as provided herein for amendment. Section 18.4 Withdrawal of Property: Declarant reserves the right to withdraw from the jurisdiction and effect of this Declaration any parcel of the Property (including the Expansion Property), provided, however, that no parcel may be withdrawn after it has been conveyed to a purchaser. ARTICLE XIX SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS AND EASEMENTS Section 19.1 Rights Reserved to Declarant: Until the expiration of the Period of Declarant Control, Declarant will have the following rights: 19.1.1 Completion of Improvements: The right to complete Improvements as indicated on any plat filed with respect to the Property, including any Expansion Property. 19.1.2 Development Rights: The right to exercise all development rights in connection with the development of the Silverbrook Estates Project (referred to here as "Development Rights"), including without limitation the right or combination of rights hereby reserved by Declarant, as follows: (a) The right to annex all or part of the Expansion Property to the Project, in accordance with Article XVIII. (b) The right to create Lots and Common Area on the Property, including the Expansion Property. (c) The right to subdivide Lots and convert Lots into Common Area on any part of the Property, including the Expansion Property. (d) The right to withdraw real estate, whether contained within the Property initially subject to this Declaration or within the Expansion Property, from Silverbrook Estates, as provided in Article XVIII. 19.1.3 Sales Activities: The right to maintain sales and management offices, signs advertising the Project and model residences on the Common Area and on Lots owned by Declarant, whether contained within the Property initially subject to this Declaration, or within the Expansion Property. 19.1.4 Easements: The right to use easements through the Common Areas on the Property, including the Expansion Property, for the purpose of making improvements on the Property and the Expansion Property. Declaration of Covenants — Silverbrook Estates Page 30 19.1.5 Master Association: The right to establish and make the Project subject to a master association and to establish such other associations of property owners as Declarant determines is appropriate. 19.1.6 Association Directors and Members of the DRC: The right to appoint any officer or director of the Association, and any member of the DRC. Section 19.2 Reservation for Expansion and Construction: Declarant hereby reserves for itself and its successors and assigns and for Owners in all future phases of Silverbrook Estates a perpetual easement and right-of-way for access over, upon, and across the Property, including the Expansion Property, for construction, utilities, drainage, ingress and egress, and for use of the Common Areas, including Common Areas located within the Expansion Property. The location of these easements and rights - of -way may be made certain by Declarant or the Association by instruments recorded in Flathead County, Montana. Declarant further reserves the right to establish from time to time, by dedication or otherwise, utility, ingress and egress, and other easements over and across the Common Areas, and to create other reservations, exceptions, and exclusions convenient or necessary for the use and operation of any other property of Declarant. Section 19.3 Reservation of Easements for Utilities, Infrastructure and Access: Declarant reserves for itself and its successors and assigns and hereby grants to the Association, the concurrent right to establish from time to time, by declaration or otherwise, utility and other easements, permits, or licenses over the Common Areas, for purposes including but not limited to streets, paths, walkways, drainage, recreation areas and parking areas, and to create other reservations, exceptions, and exclusions in the interest of the Owners and the Association, in order to serve the Owners within Silverbrook Estates. Declarant also reserves for itself and its successors and assigns and grants to the Association the concurrent right to establish from time to time by an instrument recorded in Flathead County, Montana, such easements, permits or licenses over the Common Areas for access by certain persons (other than Owners and Owners' families and guests) who may be permitted to use designated portions of the Common Areas as contemplated under this Declaration. Section 19.4 Maintenance Easement.- An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the Association, and any member of the Board of Directors or Manager, and their respective officers, agents, employees and assigns, upon, across, over, in and under the Property and a right to make such use of the Property as may be necessary or appropriate to make emergency repairs or to perform the duties and functions which the Association is obligated or permitted to perform pursuant to this Declaration, including the right to enter upon any Lot for the Declaration of Covenants — Silverbrook Estates Page 31 purpose of performing maintenance to the landscaping or the exterior of Improvements to such Lot. Section 19.5 Drainage Easement: An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the Association, to enter upon any portion of the Property for the purpose of changing, correcting, or otherwise modifying the grade or drainage channels of the Property so as to improve the drainage of water. Reasonable efforts will be made to use this easement so as not to disturb the uses of the Owners, the Association and Declarant, as applicable, to the extent possible; to prosecute such drainage work promptly and expeditiously; and to restore any areas affected by such work to a sightly and usable condition as soon as reasonably possible following such work. Declarant, or its officers, agents, employees, successors and assigns must inform and obtain the approval of the Board of Directors prior to undertaking such drainage work, which approval will not be unreasonably withheld. Section 19.6 Snow Storage Easement. An easement is hereby reserved to Declarant for itself and its successors and assigns and granted to the Association, its officers, agents, employees, successors and assigns upon any and all portions of the Property for the storage of snow in the course of clearing snow accumulations from the Silverbrook Estates roads, trails, parking areas, Common Areas and other areas within Silverbrook Estates. Reasonable efforts will be made to use this easement in a way that will minimize the interference with the Owners' use and enjoyment of their Lots. Section 19.7 Declarant Rights Incident to Construction: Declarant, for itself and its successors and assigns, hereby retains a right and easement of ingress and egress over the Common Areas and the right to store materials thereon and to make such other use thereof as may be reasonably necessary or incident to the construction of the Improvements on the Property or other real property owned by Declarant; provided, however, that no such rights will be exercised by Declarant in such a way as to unreasonably interfere with the occupancy, use, enjoyment or access to an Owner's Lot by that Owner. Section 19.8 Easements Deemed Created: All conveyances of Lots hereafter made, whether by Declarant or otherwise, will be construed to grant and reserve the easements contained in this Article, even though no specific reference to such easements or to this Article appears in the instrument for such conveyance. ARTICLE XX MISCELLANEOUS PROVISIONS Section 20.1 Limitation of Liability: Neither the Declarant nor the Association, or their successors or assigns, shall be liable to any Owner or occupant of the Property by reason of any mistake in judgment, negligence, nonfeasance, action or inaction, or for the enforcement or failure to enforce any provision of this Declaration. Every Owner or occupant by acquiring its interest in the Property agrees that it will not bring any action or Declaration of Covenants — Silverbrook Estates Page 32 suit against the Declarant or the Association to recover any such damages or to seek equitable relief because of same. Section 20.2 Severability: This Declaration, to the extent possible, will be construed or reformed so as to give validity to all of its provisions. Any provision of this Declaration found to be prohibited by law or unenforceable will be ineffective to the extent of such prohibition or unenforceability without invalidating any other part hereof. Section 20.3 Construction: In interpreting words in this Declaration, unless the context will otherwise provide or require, the singular will include the plural, the plural will include the singular, and the use of any gender will include all genders. Section 20.4 Headings: The headings are included only for purposes of convenient reference, and they will not affect the meaning or interpretation of this Declaration. Section 20.5 Waiver: No failure on the part of the Association or the Board to give notice of default or to exercise or to delay in exercising any right or remedy will operate as a waiver, except as specifically provided above in the event the Board fails to respond to certain requests. No waiver will be effective unless it is in writing and signed by the President or Vice President of the Board on behalf of the Association. Section 20.6 Conflicts Between Documents: In case of conflict between this Declaration and the Articles of Incorporation or the Bylaws, this Declaration will control. In case of conflict between the Articles of Incorporation and the Bylaws, the Articles of Incorporation will control. Section 20.7 Assignment: Declarant may assign all or any part of the Special Declarant Rights or any of Declarant's other rights and reservations hereunder to any successor who takes title to all or part of the Property in a bulk purchase for the purpose of development and sale. Such successor will be identified, the particular rights being assigned will be specified, and, to the extent required, concomitant obligations will be expressly assumed by such successor, all in a written instrument duly recorded in the records of the Cleric and Recorder of Flathead County, Montana. IN WITNESS WHEREOF, the Declarant has executed this Declaration this — day of September, 2007, to be effective July 1, 2007. 93 and Church, LLC a Montana ' ited Liab' Company By: oward T. Mann Its Managing Member Declaration of Covenants — Silverbrook Estates Page 33 STATE OF MONTANA ) :ss County of Flathead ) On this J-1 day of 4"; before me, the undersigned, a Notary Public for the State of Montana, personally appeared Howard T. Mann, known to me to be the Managing Member of 93 and Church, LLC, a Montana limited liability company, the Declarant herein, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate last above written. 16d% [S' knatu ry ota :�`�Zt,clS [Typed, stamped or punted Name of Notary] Notary Public forte State of Montana Residing at ff l / c pa l (NOTARIAL SEAL) [City of Residence My commission expires: _ > ,20� [Month Day Year] SARAHMUUJS NOTARY PUB VAONTANA gt NOTARIAL ;+��' SEAL eyi�igatKat�pBR,IAoM�na Declaration of Covenants — Silverbrook Estates Page 34 EXHIBIT "A" TO DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS FOR SILVERBROOK ESTATES (Legal Description of Silverbrook Estates Property) Tract 3 of Certificate of Survey No. 15896 in the North Half of the Northeast Quarter and in the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of Section 13 of Township 29 North, Range 22 West, P.M.M., Flathead County, Montana AND Tract 4 of Certificate of Survey No. 15896 in the Southwest Quarter of the Northeast Quarter and in the South Half of the Northwest Quarter of Section 13 of Township 29 North, Range 22 West, P.M.M., Flathead County, Montana AND Tract 5 of Certificate of Survey No. 15896 in the Southeast Quarter of the Northeast Quarter and in the North Half of the Southeast Quarter and in the Northeast Quarter of the Southwest Quarter of Section 13 of Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. Declaration of Covenants — Silverbrook Estates Page 35 Subdivision Guarantee Guarantee No.: 245007-CT Issued by First American Title Company 704 South Main/P. O. Box 13101 Kalispell MT 59901 Title Officer; Tracy Martin Phone: (406)752 5388 FAX: (406)752-9617 Form No. 1282 (Rev 12/15/95) Subdivision Guarantee Guarantee No.: 245007-CT Form 1349 CLTA Guarantee Face Page (Revised 12/15/95) First American Title 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. BY PRWDBff err �,✓�� SUcRerARY First Almerican tie Company AUTHORIZED SIGNATORY Subdivision Guarantee Guarantee No.: 245007-GT SUBDIVISION OR PROPOSED SUBDIVISION GUARANTEE Order No.: 245007-CT Guarantee No.: 245007-CT Fee: $150.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: 93 & Church, 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: Legal Description attached hereto as Exhibit A, and by this referenced incorporated herein. (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: 93 & Church, LLC, a Montana limited liability company; Glacier Bank of Whitefish (B) Parties holding liens or encumbrances on the title to said lands are: 1. 2008 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 2007 $1,014.64 $1,014.62 75-0460013 (PAID) (PAID) Affects: Parcels 4 & 5 of Correction Certificate of Survey No. 15896. Subdivision Guarantee Guarantee No.: 24SG07-CT 2. 2008 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 2007 $901.23 (PAID) $901.21 (PAID) 44-0012146 Affects: Parcel 3 of Correction Certificate of Survey No. 15896. 3. Notice of Right to Claim a lien. Claimant: HD Supply Waterworks, LTD For: water works and/or sewerage supplies Recorded: June 11, 2007, as Instrument No. 2007-162-08070. 4. Notice of Right to Claim a lien. Claimant: HD Supply Waterworks, LTD For: water works and/or sewerage supplies Recorded: June 19, 2007, as Instrument No. 2007-170-08031. 5. Mortgage, to secure an original indebtedness of $23,615.423.00, dated August 21, 2007 and any other amounts and/or obligations secured thereby. Recorded: August 22, 2007 , as Instrument No. 2007-00025568 Mortgagor: 93 & Church, LLC, a Montana limited liability company Mortgagee: Glacier Bank of Whitefish 6. Mortgage, to secure an original indebtedness of $3,731,327.00, dated August 21, 2007 and any other amounts and/or obligations secured thereby. Recorded: August 22, 2007 , as Instrument No. 2007-00025569 Mortgagor: 93 & Church, LLC, a Montana limited liability company Mortgagee: Glacier Bank of Whitefish (C) Easements, claims of easements and restriction agreements of record are: 7. 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. 8. Highway Right of Way Easement for the construction of a State highway granted to State of Montana recorded September 26, 1932 in Book 211, Page 166, as Instrument No. 2645. Affects: Premises and other property 9. Highway Right of Way Easement for the construction of a State highway granted to State of Montana recorded February 7, 1933 in Book 211, Page 283, as Instrument No. 263. Affects: Premises and other property 10. Grant of Right of Way to Mountain States Power Company recorded May 30, 1952 in Book 317, Page 584. Subdivision Guarantee Guarantee No.: 245007-CT 11. Designation of Limited Access Highway by the State of Montana Highway Commission recorded December 7, 1989, as Doc. No. 89-340-09150. 12. Resolution No. 837-A by the Flathead County Board of Commissioners for the creation of the Highway 93 North Zoning District recorded April 27, 1992, as Doc. No. 92-118-12020. 13. Terms and conditions of an Agreement contained in Bargain and Sale Deed by and between Robert E. Koenig and Herbert W. Koenig AND The State of Montana for private approach and access control, recorded July 21, 1992, as Doc. No. 92-203-11260. 14. Easement for an electric transmission or distribution line or system granted to Flathead Power Co. recorded May 22, 2002, as Doc. No. 2002-142-08300. Affects: Premises and other property 15. Right-of-way or easement of Church Drive. 16. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed by Certificate of Survey(s) No. 15896, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restriction violate 42 USC 3604 (c). 17. 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. 18. 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. 19. Public right and easements for commerce, recreation, navigation and fishery. 20. Easement for ingress and egress for the purposes of exploration, development, production, storage and removal of reserved minerals granted to H & V Koenig Limited Partnership, recorded September 20, 2005 as Instrument No. 2005-263-15040 and as found in Deed recorded November 11, 2005 as Instrument No. 2005-320-16340. 21. Easement for ingress and egress for the purposes of maintenance of 2005 crops granted to H & V Koenig Limited Partnership, recorded September 20, 2005 as Instrument No. 2005-263-15040. 22. Easement for electric transmission and distribution line granted to Flathead Power Co., recorded March 2, 2006 as Instrument No. 2006-061-08180. Affects: Premises and other property 23. Easement for highway purposes for the construction, reconstruction and maintenance of a highway granted to State of Montana Department of Transportation, recorded April 5, 2006 as Instrument No. 2006-095-15020. Affects: Tract 3 of Certificate of Survey No. 15896 24. Easement for highway purposes for the construction, reconstruction and maintenance of a highway granted to State of Montana Department of Transportation, recorded May 23, 2006 as Instrument No. 2006-143-14560. Affects: Tract 3 of Certificate of Survey No. 15896 Subdivision Guarantee Guarantee No.: 245007-CT 25. Resolution No. 5129B, executed by the City Council of the City of Kalispell, to be known as the Highway 93 North Growth Policy Amendment, recorded August 11, 2006 as Instrument No. 2006- 223-08320. 26. Resolution No. 5168 for alteration of city boundaries by the City of Kalispell, recorded December 18, 2006 as Instrument No. 2006-352-15450. 27. Assignment of the Latecomers Agreement for Reimbursement for Municipal Water and Sewer Extensions by and between 93 & Church, LLC, a Montana Company, The City of Kalispell, a municipal Corporation and Glacier Bank of Whitefish, recorded September 13, 2007 as Instrument No. 2007-00028024. Date of Guarantee: January 15, 2008 at 7:30 A.M. Subdivision Guarantee Guarantee No.: 245007-CT SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 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 titre to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth In said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result In no loss to the Assured; or (3) which do not result in the Invalidity or potential invalidity of any judicial or non judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used In the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement In abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security Instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. n Assured shall notify the Company promptly in writing in case knowledge shall ome to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to Institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not It shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise Its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of Its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in Its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at Its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, Inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested Information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12J15/95) Subdivision Guarantee Guarantee No.: 245007-CT ,. Options to Pay or Otherwise Settle Claims: Termination of Liability. Ln case of a claim under this Guarantee, the Company shall have the following lidditionai options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result In loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the Indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses Incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said Indebtedness, the owner of such Indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, Including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses Incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, Including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. is Guarantee is a contract of Indemnity against actual monetary loss or damage ustained 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. 8. 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 claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with Its Issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee, Guarantee Entire Contract (a) This Guarantee together with all endorsements, if any, attached hereto by the Company Is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 1 First American Way, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12/15/95) Subdivision Guarantee Guarantee No.: 245007-CT FirstAmerkan Title 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. © 2001 The First American Corporation • All Rights Reserved Subdivision Guarantee Guarantee No.: 245007-CT EXHIBIT A A TRACT OF LAND IN THE NORTH HALF OF THE NORTHEAST QUARTER AND IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, KNOWN AS: TRACT 3 OF CORRECTED CERTIFICATE OF SURVEY NO. 15896. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE MONTANA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY PURPOSES IN BARGAIN AND SALE DEED RECORDED MAY 23, 2006 AS INSTRUMENT NO. 2006-143-14350 AND RECORDED APRIL 5, 2006 AS INSTRUMENT NO. 2006-095-15020. AND A TRACT OF LAND IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND IN THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, KNOWN AS: TRACT 4 OF CORRECTED CERTIFICATE OF SURVEY NO. 15896. FJMB A TRACT OF LAND IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND IN THE NORTH HALF OF THE SOUTHEAST QUARTER AND IN THE NORTHEAST OF THE SOUTHWEST QUARTER SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, KNOWN AS: TRACT 5 OF CORRECTED CERTIFICATE OF SURVEY NO. 15896. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE MONTANA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY PURPOSES IN BARGAIN AND SALE DEED RECORDED APRIL 5, 2006 AS INSTRUMENT NO. 2006-095-15020. TO BE KNOWN AS: SILVERBROOK ESTATES FIRST AMERICAN TITLE COMPANY ACKNOWLEDGEMENT STATE OF MONTANA ) ss. COUNTY OF FLATHEAD ) This instrument was acknowledged before me on day of �tL_U!z` Z�J�' by 1—o as Assistant Secretary of First American Title Company. /) /,vvv, �fl Signature CHERIE A• EDWARDS ED{y4�ON ROSARY PUBLIC for the state of Montana 00AR� Residing at * * Kalispell, Montana My Commission Expires October 16, 2Q11 4 Rj "This plat is 'An., led solely for the purpose of assisting in locating the land, and the Company assumes no liability for variations, if any, with actual survey." First American Title Company 112j1r1z 5RD KAL.6PELL A11. 5990I PH a BLI U Ear 4os/ ass T47d ESTAI9B7 OATF A4AY 1TIH,10Q7 PURf�S£ RE7R4CENE//I� B(A H & YAMY10 Ry N &. N� # Mgy� N491WA AI SJ�t SG'4dF A ONNIE& ,i'MW ' NOTT PAHTN -WP � 1 r %H NNP/g�1 .K A All#' d R 79IB--S Eeamininy_!o� S#rveyor ✓ones H. Budon A rsla- A 541E-S Slate afAlontono Counlyoffkthead u:;,;, FikdonI/vL2Ayofafer «. MJA.O. olaro O'oioakR A/ /nsfiument RecoidNo�Ivioc Paid 7 g' stnrl2 aft Mod ERl11 EX L O/ SlRff) fN27C. I2AN013T.19N.,/T22 K; P.,l h', fG452W COUMY - f�'aru�,..r +tea-=r.=Iaj5d94� m b K CetflfiCofe of Samy Ner.J Z9 m :A 74A BOY ADJ Z, 3A, 3AA RE7RACEABOY ADJ ILA, 7N BLA M BLA 10+ i 10 + 0 } 3A + ♦ ♦ O 3BA ,, I ♦ �R / / I 3 "This plat is provided solely for the purpose of assisting in locating the land, and the Company assumes no liability for variations, if any, with actual survey." First American Title Company 6A + -------------- 1 \ l i i 4A 6A+ �I 4 I 1 1 6A+ f \ \ � 1 i \ j 1 � 4 'tl �r- APPLICATION FOR PAYMENT %&V S9106' OWNER PROJECT NUMBER: CONTRACTOR: COP CONSTRUCTION LLC TIME PERIOD: 12MW-1211=7 PROJECT NUMBER 07118-200 APPLICATION FOR PAYMENT NO: S-R9vbed SUBMITTED BY: PROJECT DESCRIPTION: HWY 93 Water & Wastewater Systems Eid TOTAL ADVANCED MATERIAL RECEIVED LESS USED ON CONTRACT MATERIALS ON HAND NOT USED WORK COMPLETED TO DATE TOTAL WORK AND MATERIALS DEDUCTIONS LESS 3% RETAINAGE LESS TEST FAILURE DEDUCT: MD. TOTAL LESS LIQUIDATED DAMAGES TOTAL DEDUCTIONS TOTAL EARNED TO DATE (INCL 1 % GRT) LESS PREVIOUS PAY ESTIMATES SUBTOTAL LESS 1% MT GRT - Not AppliCahie' TOTAL DUE CONTRACTOR THIS ESTIMATE $827,173.88 CONTRACTTIME DAYS START(NTP) 90fi9/09 (6V,173.88) + OR - CHANGE ORDER 0 DAYS $0.00 TOTAL CONTRACTTIME 0 DAYS SUSPEND W.O. 00J00l00 $3,519,379.88 LESS USED TO DATE 0 DAYS RESUME W.O. 00/0" $3,519,379.88 TOTAL DAYS REMAINING 0 WEATHER DAYS EST. END DATE 3VALUEI ($105,581.40) $0.00 $0.w ($105,581.40) $3,413,798.43 ($3,233,425.18) $180,372.30 $0.00 $1$0,372.30 PERCENT OF TIME USED 9DIVl01 PERCENT It ON SCHEDULE #REFl CERTIFICATE OF SUBSTANTIAL COMPLETION 00/00l00 1 HEREBY CERTIFY THESE QUANTITIES TO BE TRUE AND CORRECT: JOrR/-tiv, W !/'�"' ! 'L2.-G� . L13- 0d CTA Archlbects0evineers, DATE COP CONSTRUCTION LLC r I DATE APPROVED FOR PAYMENT: ,W,,, --,t�7, 93 & Chinch LLC DATE PAGE 1 OF 6 APPLICATION FOR PAYMENT 1/152006 KFAMW (�(: SIG OWNER PROJECT NUMBER: CONTRACTOR: COP CONSTRUCTION LLC TIME PERIOD; 12yi197.12)90i07 PROJECT NUMBER: D7118-20D APPLICATION FOR PAYMENT NO: 5-Revised PROJECT DESCRIPTION: HWr 93 Water & Wa9lawater Sys- Etd UNIT CONTRACT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT PERCENT UNIT ITEM ITEM ESTIMATED BID DOLLAR THIS THIS PRIOR PRIOR TO TO OF Bm CMPTE NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT ESTIMATE ESTIMATE ESTIMATES ESTIMATES DATE DATE TO DATE (X) E E E E E -Schedule - 0- 101 MobibabonDemobl0mllon LSM 1.00 29,000.00 29,000.00 0.00 0.00 0.50 14,500.00 o.b0 14,500.00 W% (0.50) 102 Taos, Bonds and 4rxxarce LSM 1.00 44,000.00 44.000.00 0.00 0.00 1.00 44,ODD.00 IAA 44.000.00 100% 0.00 103 Gonad Ra*iameris LSM 1.OD 3WODD.00 30Q000.OD 0.00 0.00 1.00 300,000,00 1.00 300,000.00 1" 0.00 104 SWPPP & Erosion Cor" LSM 1.00 22,000.00 22,000.00 0.05 1,100.00 0.55 i8,700.00 0.00 19,W0.00 90% (0.10) 105 F,.Wh, Erect& Makdaln Traffic ConW LSM 1.00 37,000.00 37,OW.OD 0.05 1,BWOD 0.55 31,450.D0 0.90 33,300.00 90% (0.10) SUBTOTAL SCHEDULE 0 TOM W7,000.00 E2,9W.o0 $408'690110 E411,000JI0 95.287i -Schedule 1 - Gravity Swr Sys Exit"' 1000 10` Paco Cam LOK a. PIP. r ad Cap. LF 110.00 50.00 5,500.00 0.00 0.00 110.00 5.SW.00 110.00 5,500.00 100% 0.00 1005 Ir BS("Shb wXV) EA zoo 250,00 5W.W man 0.00 z00 500.00 z60 500.00 100% 0.00 16D7 W SS (V Stub wXmp) FA Soo 150.00 i.440.00 1.00 180.00 7.W 1.200.00 8.00 1,440.00 100% 0.00 101018"PVCSenffayse.x LF 7.494.09 59.00 442.140.00 ILW 0.00 7AMW 440,848.00 7,47200 440,648.00 t00% (22.00) 1015 Basic46" Sadlay Sw MH x S EA 17.00 %wo.00 64.60D.00 0.00 0.00 17.00 64,6MW 1TA10 64,800.00 100% 0.00 1016 AdCM 4W Se t" Ser Wi VF 99.00 90.OD 7.992.00 417.00) (1,350.00) 115.91 9,35z60 99.91 7,99z80 100% 0.01 1020 Basic 6W SenRay Sa MH x B FA 5.00 5,000.00 25,000.00 0.00 Q00 LOD 25,000.00 &00 25,OW.00 100% 0.00 1030 Ada BQ' SmAmy S r M04 FV 36.60 170.OD 6,052.D0 0.00 0.00 35.93 6,108.10 SL93 61108.10 101% 0.33 1040 Basic 72"Swdtmy Sw MH x 9 EA zoo 7,900A0 15,900.00 0.90 0.00 200 15,800.00 2.00 15,mam 10D% 0.00 1050 Ad1f072-Sadlay Sxr MH VF 6.30 250.00 1,575.00 0.00 0.00 4.90 I.2W.00 4.80 1,200.00 76% (1.5D) 1080 Dmp MH Assembly (Pipe & FK") FA S.DD 2,80D.00 14,00 .W 0.00 0.00 4.00 11,2DO.00 4.00 11,200.00 50% (i.o0) PAGE 2 OF 6 APPLICATION FOR PAYMENT ❑if'r �7 OWNER PROJECT NUMBER CONTRACTOR COPCONSTRUCipNLLC TIMEPERIOD: 12%IO7-12TJW07 PROJECT NUMBER: 0711822W APPLICATION FOR PAYMENT NO: &R&Wnd PROJECT DESCRIPTION: HWY 93 WOW & WeAewelar SyW- Ed UNIT CONTRACT OUANTRY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT PERCENT UNIT REM ITEM ESTIMATED BID DOLLAR THIS THIS PRIOR PRIOR TO TO OF BID CMPTE NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT ESTIMATE ESTIMATE ESTIMATES ESTIMATES DATE DATE TO DATE (1) s s s s s 110 3O" acre STA 9W5O W (r CL150 Cede Lk LF 130.00 W9.00 66,1moo 0110 0.00 130.00 66,17O.00 130.00 W.170,0 IW% 0.00 11036' Bore STA 494+5O W78" SDR 35 Pipe LF Im.0O 618.00 111.240.00 0.00 O.W 180.00 111.240.00 In" 111,240.00 100% 0.00 111O Urrdarpiwrd Fedy Creasing EA e.W 3W.00 2.400.00 0.00 O.D 13.00 3,90MW 1&00 3,9W.0 183% 5.00 115O Remove/Replace Drive Crlrerte WFES LF 669.00 60.00 4O,14O.W 0.0 O.00 672.00 34,320.W smoo 34,32D.0 86% (97.00) 118O Drive Approach Restoration (3"ACA"GR) BY 2748.00 21.0 57,70&0 097.00 12,547.50 1,120.80 23,536.90 1,718.30 36,084.30 63% (1,02970) 1190 Lawn RestorelWrfSoddin0 SF 1,000.0 0.66 85O.00 am 0.0D 0.00 0.0 6.0 D,W 0% (11000.04 1210 Seeding BY 28,750.W 0.0 23,000.00 950,0 70.0 0,026.00 6,9W.00 9,6T6AO 7,900.00 33% (19,175.00) 17,4O Emp. Eva -Mainline Crew HR 1O.0 64O.W 6,400.00 0.0 0.00 16,5O 9,92O.00 1&SO 91920.0 156% 5.50 125O Add0 DWIh E= For Type 2 CY 500.00 31.W 15,5W.00 0.0 000 38.33 1,128,23 36.33 1.126.23 7% (463,67) SUBTOTAL SCHEDULE 1 TOTAL W07,813A0 S1S,127.50 5838,481.93 580,806A3 9&7O% -Schedule 2 - North Smar Force Main We- 2O1O Dual Force Mara W&17jPVC$DR 26) LF 2,3W7.00 54.00 128,19&0D 19" 1.026.00 2"P93.80 123,822.0 2,3120 124,84&00 99% (25.W) 2012 Dual Face Main W & IT (PVC Carta LOrg LF 18B.W 81.0 15,0%.0 QD 0.0 186.00 15,086.00 130.00 15,066.D 100% 0.0 2018 W&12-Force Main FMInp EA 1200 785.0 9,420.0 0.00 0.01) 10.0 7,850.00 1O11O 7,850.W 83% (20) 202O Corererl to Sew brook Farce Main LSM 1.W 6.400.00 6.40_00 0.0 O.00 1.00 6,40:100 1.0 6.400.00 100% 0.0 2030 24" Boo STA42D-19 Wff Cate LOK PIpa LF 12O,00 421.00 50,52O.0 0.0 0.00 12O OO 5O,52O.00 120.0 50.620.00 100% cou 2O S 30' Bare STA 42O09 W112" Cede LOK Pipe LF 12O.00 516.00 61,92O.0D U-W 0.0 12LOO 61,92O.00 120.0 61,920.0 100% 0.00 2060 Undagroara Fac80y Crrosgs FA 4.W WORD 1,8W.W 0.0 0.0 4.0 1,20D.00 4.00 1,2O0.00 100% 0.00 2130 Orve Approach ReAaAlon (3" AC 6" GR) BY 34.0 21.0 714.0 O.00 MOD 34.0 714.00 34.0 714.00 1 W% O.00 2160 Seeding BY 8,750.0 O.80 5,400.0 11060AO 1,344.00 0.0 000 1,BSOAO 1,344.00 25% (61070.00) 21O E.P. Em-MainBne Crew HRB 10.0 640.0 6,400.00 0.0 0.00 T.0 4,480.0 7.0 4,480.01D 70% (3.011) roue 3 OF 6 APPLICATION FOR PAYMENT 11151-2m 0"MI� OWNER PROJECT NUMBER CONTRACTOR COPCONBTRUCTMNLLC TIMEPERICD: 12HTW-12r3ow PROJECT NUMBER: 07118-2D0 APPLICATION FOR PAYMENT NO: B-Revlead PROJECT DESCRIPTION: HWY 93 WOW 8 Waelewaler Systems Erd UNIT CONTRACT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT PERCENT UNIT ITEM ITEM ESTIMATED BID DOLLAR THIS THIS PRIOR PRIOR TO TO OF BID CMPTE NO. DESCRFTION UNIT QUANTITY PRICE AMOUNT ESTIMATE ESTIATE ESTIMATES ESTIMATES DATE DATE TO DATE DQ $ s a $ $ 22M Ad" Depth Eu For Type 2 CY 100.OD 31.00 31100.00 0.00 9.00 CA DOD 0.00 0.00 0% (100.00) SUBTOTAL SCHEDULE 2 TOTAL $28SA36.00 82,370A0 8271,872.00 D274,34200 2Ul% -Schedule 3 - So. Sewer Force Main EIL 3010 W (DIPS) HOPE DR11(Open OW) LF 99D.00 38.00 35,640.00 170.OD 6,408.00 moo 30,312.00 1.020.00 36,72000 103% 30.00 3015 8" Force Main PVC Cerla LOK LF 140.00 3400 4,760.OD 20300 6,90200 IM.OD 2,040.00 283.00 8.942W 180% 123.00 3020 e° Focce Main FIOYrOs EA 10.00 750.00 715W.00 4AO 3,000.00 3.00 2,250.00 7.00 5,250.00 70% (3,00) 3025 T Face Merin All Vac WW I,ei FA 200 4,700.00 9,400.00 1.00 4,70D.00 1.00 4,700.OD 20D 9,400.00 100% 0.00 3030 10" (DIPS) FM DR9 Dk9WonW STAWI+34 LF 920.00 18200 149,040.01) OAD 0.00 721.00 116,8D20D M1.00 11S,D02.0D 78% (199.00) 3040 16" (DIPS) FM DR11 Dh di r d STA 601+34 LF 920.00 297.00 273.240.00 OAR D.00 1170.00 259,390W 870.00 256,390.OD 95% (50.00) 3055 S' DWS FM Dle diaial STAe2M W LF 411.W 153A0 e2,ew.00 0.00 0.00 411A0 62,883.00 411.00 82,883.O1) IBM 0.00 3057 24" Bare STA614+00 WW Carte L0K Pipe LF 130.W 423.00 54,9W.0D 10.00 4,230.00 lie" 46,530.00 120" 50,760.00 92% (10.00) 30M UndergraaM FacNly CroftkV EA 10.00 300A0 3.000.00 0.00 0.00 CLOD 1'em.00 6A0 1,SOD.OD OD% (4.00) 3110 Replace Ork-ay CWverq (a9 alms) LF 64.00 W.W 3.240.00 0.00 0.00 56.00 3AW w SLOO 3,480.00 1 W% 4.W 3130 Ortve Appvmch Re&aation (3` AC S' GR) 3Y 616.OD 23.W 14,108A0 0.00 O.OD 360.70 8.503.10 368.70 8,503.10 W% (246.30) 3150 Conned W FM To Lib Sle0ar Sr. Pipkq LSM 1.00 3,200.00 3,200.W 1.00 3,2DO.00 am 0.00 1.00 3,2M.00 100% 0.00 3160 Conned 6" FM to Down Shear SSMH LSM 1.00 3,200.00 3,2W.00 O.00 0.00 1.00 3,2OD.OD 1.00 3,2DO.00 100% 0.00 3180 Seedirr9 SY 3,720.00 0.00 zamoo moo 0.00 CLOD CLOD moo 0.00 0% M72D.OD) 3190 Lawn Restorabon SF 6,000.00 0.65 3,900.00 0.00 (LOD 1,300.00 845.00 1,300A0 W&M 22% (4,7W.00) 3220 Erp, Eu-Mandlrle Crew HRS iD.OD 640.00 6,400.00 0.00 O.W 7.00 1,29O.OD 2.OR 1,2W.00 20% (5.00) SUBTOTAL SCHEDULE 3 TOTAL $M.537.00 $=."BAD $543,015.10 35T1,458.10 e9.63% PAGE 4 OF 6 APPLICATION FOR PAYMENT 1/15I2000 OWNER PROJECT NUMBER: CONTRACTOR: COP CONSTRUCTION LLC TIME PERIOD. I2fIW-1273OW PROJECT NUMBER: 07118-200 APPLICATION FOR PAYMENT NO: &Redsed PROJECT DESCRIPTION: HWY 93 Watsr S Wadmohir Systems Ext UNIT CONTRACT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT PERCENT UNIT ITEM ITEM ESTIMATED BID BID DOLLAR THIS THIS PRIOR PRIOR TO TO OF BID CMPTE NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT ESTIMATE ESTIMATE ESTIMATES ESTIMATES DATE DATE TO DATE (X) S $ $ $ $ -Schedule 4 - t Ht Station" 4010 LM SMM Pun" LSM 1.00 77.500.00 77,500.00 0.00 0.00 moo 0.00 0.00 0.W 0% (1A0) 4020 LM SbW- PlIrg. V*-, FMhgs LSM 1.00 36,0W.W 36,000.00 0.00 MOD am 32,400.00 0.90 32.4W.00 9D% (0.10) 4030 LM StM-Precast C-100 Shuck" LSM 1.OD 64.435.00 64,435.00 0.00 0.00 1A0 64,435.00 1.00 64,435.00 100% 0.00 40356U" ToeNalm Mmtale STA 600+52 EA 1.00 0,4011,00 0.40100 0.00 MOD 1.00 8,400.00 1.00 9,400.00 100% 0.00 4040 LM Station Cordrds LSM 1.00 08,000.00 90,000.00 0.75 73,500.OD 0.00 0.00 0.75 73,5W.00 75% (025) 4070 Lift StOw Ga WMw Pad LSM 1.00 o,o0D.00 6,000.00 (Lou 1100 1.00 S.W0.00 1.00 6,000.W IOU% 0.00 4080 6" Roinfarrwd Comets Fktmk BY 4200 105.00 4,410.00 am 0.00 O.W 0.00 0.W 0.00 0% (4200) 4OW e" Non-Rehhd'arreed Comets FIstwuk SY 48.00 6200 z9m.00 moo 0.00 0.00 0.00 ILW 0.00 0% (48.00) 4100 Putt- CY 250.00 64.00 ISQ)0.00 0.09 MOD 260.00 16,000.00 2110.00 16,DW.W 100% O.W 4110 1-IM I*- C-hed Rock CY 125.00 74. W 9,290.01) 0.00 O.DO 0.00 DOD 0.08 0.00 0% (125.00) 4120 Fencing Mth Gate LF 400.00 1&W 7,1W.00 0.00 0.00 0.00 0.00 0.W 0.00 0% (400.00) 4130 Cut x FM Grading CY 370.00 40.W 14,93DW 0.W 0.00 BOAS 3,600AD 9moo 3,600A0 24% (=-Do) 4140 Dewatering At Lift Station LSM 1.00 14,OW.W 14,OW.00 0.0131 0.00 1.00 14,000.00 1.W 14,00O.01) 100% 0.00 SUBTOTAL SCHEDULE 4 TOTAL $360.971.00 $73,500.00 $144X&00 5216.335.80 50A2% -Schedule 5 - Water Main Extension"' 5010 Ir Water MM.(PVC Ch-235) LF 10.324.00 smoo 516,2W.00 o" 0.01) 19,123.011 506,450.00 10.120.00 506,450.00 98% (195.W) 502012- Whet Main(PVC Clan 160) LF 16200 47.00 7,614.00 0.00 0.00 75M 3,525.0o 7&00 3,625.W 46% (87.00) 5030 6" W&W Main "C Clam iW) LF 24.00 41.W 954.00 am 0.00 0.00 0.00 0.00 0.00 0% (24.00) 5W0 UrMKWmird Facility(7emirg FA 20.00 300.00 6,omoo 0.00 0.00 2A.00 7,2=0 20.W 7200.W 12D% 4.00 PAGE 5 OF 6 APPLICATION FOR PAYMENT 111511008 OWNER PROJECT NUMBER CONTRACTOR COP CONSTRUCTION LLC T04E PERIOD: 1211W-12f3W07 PROJECT NUMBER: 07118-200 APPLICATION FOR PAYMENT NO: &Revised PROJECT DESCRIPTION: HWY 93 WOW & Wastewater SYsterm FJd UNIT CONTRACT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT PERCENT UNIT ITEM TEEM ESTIMATED BID DOLLAR THIS THIS PRIOR PRIOR TO TO OF BID CMPTE NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT ESTMMTE ESTIMATE ESTIMATES ESTMATES DATE DATE TO DATE Oq 8 0 0 9 $ 5WO 14" BNIe* Vale EA 20.00 2,400.00 40,000.00 0.00 on 23M 55,20D.00 23,00 55X0.00 115% 3.00 506012" Gate VNIve EA 5.00 2,100.00 10,50Q00 0.00 0.00 4.00 8X0.00 4.00 0.40D.0D 80% (1.00) 6D70 e"Gate Valve EA 1.00 1.526.00 1,525.00 0.00 0.00 0.00 O.OD 41.00 0.00 0% (In) 508014"xl4"Tee EA 2m 1,500.00 3,00D.00 0.00 O.DD 3A0 4,500.00 &00 4,500.00 150% 1.00 SDm 14"x IT Tee EA 5.00 1,450.00 7250-00 0.00 QOO Alm 5,8W.00 4.00 5,800.00 BD% (1.00) 5100 14" x e" Tee EA 1.00 1,3m.00 1,3W.0D 0.00 D.m Mee 0.00 0.00 0.00 0% (1.00) 51058"x8"Tm EA 1.00 750.00 750.00 0.m 0.00 0.09 0.00 0.00 0.00 0% (1.00) 5120 IS" Bends EA 4.00 1,30D.00 5,200.00 0.m MOD 4.00 5,200.00 4.00 5,20D.00 100% 0.00 513014"Bervls FA 7.00 1,100.00 7,700.W 0.m 0.00 41.00 8,11m.00 0A0 51800.00 114% 1.00 5140 14" End Caps FA 3.00 750.00 2,250.00 0.m 0.00 &00 2,250.00 3.00 2,250.00 100% 0.00 515D W End Caps EA 1.00 800.m 600.00 on 0,00 0.00 0.00 0.00 O.m 0% (1.00) 5160 IT End Ceps FA 3.m S%oo 1.950.00 on 0.00 4A0 2,600.m 4.00 2,000.00 133% 12D 5170 FI.Hydrant Assembly EA i.m 4,300AD 4,300.00 0.00 0.00 1.00 4,WO.00 1.00 4,300.00 100% 0.00 51736"Air RellelVale&48"Pit EA tm 7,800.0D 15,600.00 0.00 0.01) too 15,600.00 zoo 15nom im% O.m 5175 3' Air Renal Vetere & 48" PO FA t.m 0,500.0D 8,500.m 0.00 0.00 1.00 6,500.00 1.00 6,50 on 100% O.m 517616"x 14"MJ Redwor FA tm 11.11013.00 2,200.00 CLOD 0.00 4.00 4.40000 4.00 4,40Dm 2m% zoo 5180 Connection to Bdati g 14" Weer EA 2.00 1,6m.00 3,em m 0.00 0.00 200 3,6m m 200 3,6m.00 100% 0..00 5190 IW (DIPS) HOPE DR11 Waterline (River KDD) LF 6S5.m 30D,00 199,500.m 0.00 0.00 818.00 245.400m 818.00 245,400.00 123% 153.00 5195 30' Sae STA 200+35 WHS" PVC Cate LOK Pipe LF 106.00 Sm.m 62,116.m 0.00 0.00 100.00 52,116.00 108A0 62,116.01) 100% 0.00 5197 3W Bore STA 001+20 WIT RJ PVC Carta LOK LF 1m.m 501.00 90,180.00 On 0.00 100A0 9Q180.00 18CL00 90,180.00 100% 0..01) 5260 Drive Approach Restoration (3"AD S"GR SY 2,373.00 21.00 49.S33.00 1,180.00 24,286.50 820.00 10,920.00 1,878.80 35"S60 71% (696.Sm) 52m Seadirg BY 39,20D.m 0.80 31,3110.00 0,0741A0 4,782.40 3A22.00 3,057.80 8,800.00 7.840.00 26% (29.400.00) 5300 Lean Restoration SF 1,0m.00 O.55 660.00 too O.m on O.m 0.00 0.00 0% (1,O00.01)) 5330 ExcawlWan- Mainline Crew HRS 10.01) 640.00 6,400.01) zoo 1,280.00 18.00 9,920.01) 17.00 11,200.00 175% 7.50 53M Adds DOW Excovelim for Typo 2 CY im.m 31.m 3,100.00 0.00 0.00 &80 0.00 CLm 0.00 0% (10D.00) SUBTOTAL SCHEDULE 5 TOTAL 81.006,217011 83CL348.90 01,065,918.90 811088,287.00 ioo ot% PAGE 6 OF 6 APPLICATION FOR PAYMENT 1H50008 OWNER PROJECT NUMBER CONTRACTOR COP CONSTRUCTION LLC TIME PERIOD. 17NN7.12l30Po7 PROJECT NUMBER: 07118-M APPLICATION FOR PAYMENT NO: 641evlsed PROJECT DESCRIPTION: HWY93Watw&Waslm*w Syste EA UNIT CONTRACT QUANTITY AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT PERCENT UNIT ITEM ITEM ESTIMATED BID DOLLAR THIS THIS PRIOR PRIOR TO TO OF BID CMPTE NO. DESCRIPTION UNIT QUANTTTY PRICE AMOUNT ESTIMATE ESTIMATE ESTIMATES ESTIMATES DATE DATE TO DATE (X) I S $ s s 6010 PrejeUCa*gerwy LSM 1.00 128,738.01) 128,73B.00 0.00 0.00 0.00 0.o0 0.00 0.00 0% 6010-001 Cmtrad Ch.W Old. 1-8DI0 LSM 0.0D 0.00 1.00 8ZW5.75 1.00 02,305.75 100% 6010-02 Gmtrad Charge Order2-6010 LSM 0.00 0.00 1.00 14,466.10 1.00 14,465.10 100% SUBTOTAL PROJECT CONTINGENCY TOTAL $12B,73800 Sa00 288,770.8E S89,770.85 7117% TOTAL CONTRACT $3,847,609.00 $149736AG $3,359,843A8 $3,519,379.88 91.47% CHANGE ORDERS TOTAL SaIO ".00 $moo 20.00 #=fin CHANGE ORDERS TOTAL CURRENT CONTRACT S3,847,909.00 $149,739A9 S3,399,943AS $3,519,379.88 91.47% Mom MATERIAL STORAGE CERTIFICATION Re Project: HWY 93 Water & Wastewater System Exteastions The project material is stored at the iobsite We warrant the OWNER has received the materials free and clear of all liens, charges, security, interests and encumbrances (referred to as "hens" in contract General Conditions). List material below or attach a list. Estimate #1—Stored Materials Cretex - Invoice # 290410 Cretex - Invoice # 290411 Cretex - Invoice # 290412 Cretex - Invoice # 290562 NW Pipe Fittings -Invoice # 4100206 NW Pipe Fittings - Invoice # 4101464 NW Pipe Fittings - Invoice # 4101510 NW Pipe Fittings - Invoice # 492913 NW Pipe Fittings - Invoice # 492913.1 NW Pipe Fittings - Invoice # 492913.2 NW Pipe Fittings - Invoice # 492913-3 NW Pipe Fittings - Invoice # 492913-4 NW Pipe Fittings - Invoice # 492913-5 NW Pipe Fittings - Invoice # 492913.6 NW Pipe Fittings - Invoice # 492913-7 NW Pipe Fittings - Invoice # 492913-8 NW Pipe Fittings - Invoice # 492913-9 NW Pipe Fittings - Invoice # 492913-10 NW Pipe Fittings -Invoice # 492913-11 NW Pipe Fittings -Invoice # 492913-12 NW Pipe Fittings -Invoice # 492913-13 NW Pipe Fittings -Invoice # 492913-14 NW Pipe Fittings - Invoice # 492913-15 NW Pipe Fittings - Invoice # 499021 NW Pipe Fittings - Invoice # 499034 NW Pipe Fittings - Invoice # 499W Ed Boland Construction - Invoice # 2009 Materiels in Place this estimate 9,545.96 20,221.16 8,111.56 7,147.57 3,700.96 200.97 63.18 13,912.50 13,912.50 13,912.50 13,912.50 13,912.50 13,912.50 13,912.50 18,504.40 20,352.00 22,363.20 22,363.20 22,363.20 22,363.20 22,36310 22,36320 22,36320 27,686.80 709.52 3,500.47 66,081.00 (34,045.96) Sub -Total Estimate # 1 40&709.49 s MATERIAL STORAGE CERTIFICATION Re Project HWY 93 Water & Wastewater System Extenstions The project material is stored at the jobsite Estimate #2 — Stored Materials Cretex Concrete Products - Invoice # 290641 10.174.43 NW Pipe Fittings - Invoice # 496613 1,616.77 NW Pipe Fittings - Invoice # 497521 18.365.16 NW Pipe Fittings - Invoice # 497967 66.363.50 NW Pipe Fittings -Invoice # 497942 4,316.09 NW Pipe Fittings - Invoice # 497993 1,547.43 NW Pita Fittings - Invoice # 498579 33.468.18 NW Pipe Fittings - Invoice # 498602 1.200.00 NW Pipe Fittings - Invoice # 498602-1 3533.80 NW Five Fittings - Invoice # 499021.1 1,553.94 NW Pipe Fittings - Invoice # 4100234 7.844.95 NW Pipe Fittings - Invoice # 4100559 3.471.14 Kalispell Electric, Inc - Invoice 19444 33963.02 Materials is Puce this estimate (104,002,00) Sub -Total Estimate # 2 83,416.41 Estimate #3— Stored Materials Materials in Place this estimate (319,236.00) Sub -Total Estimate # 3 (319436.00) Estimate #4 — Stored Materials Materials in Place this estimate (135,926.88) Sub -Total Estimate # 4 (135,926.88) Estimate #5 —Stored Materials Materials in Place this estimate (33,963.02) Sub -Total Estimate # 5 (33,90.02) Pay Estimate #5 Materials Remaining in Storage Total 0.00 7,-'o — Signabow. Contractor. COP Qgagn�y+n tL C MahKW in storage has been oxantlned, Is property stored, and meets speeftellons. Signature: Consul" Paz 0—evok"r— Proled No.: flogs• 02/07/2008 13:07 14067580134 5CHR LINGER 02/07/2008 THU 12:23 FAX 12538402232 NATIONAL WATFRRI 54C. Rom ED Supply Waterworks Ltd. Project R ,IM.0 602 Valley Ave NE (e>n 1 Al t� (addn.ar efppojeaQ PayaRup, WA 99372-251$ (b, rndS aTp[ejtaij __ _ Tot L 9T. W,Q$.�2 r' 1h Y'4'�wr't r' � � �„ l Ca ✓i 5'�!'�t C 1�'an T1ae utadereagood(imuclufting lry tcicaso ail mcchanic''s lien, Shop ttoblelira,andlabor and material bond the above-�des"ad projeat% ills, supplies,labor, servicesbased, acquired,, er famishedandusedon above premises up to g (elate) . This rebe�ee does not apply to y rights arising after the date listed in t1,e p sentence. 17ais = is p�itiat ana aosiditioaat, acid sball bo 0 otivc only upm ccmaplate paym=t to a tanek rAgned. In the sum of S If payAgen# is by cheek, t is re:104 is conditional and e0eative only when check is paid by the bank upon wb ich it is svitleout teserva6m of any -rights a IM Supply Waftworlr VA. 4 NAMEi -. M S I MLy_WalnrWaAM Ltd. (rM rUUM6ft toAOoeais} PAGE 02 Z001/001 Rob-7 i-7 06 S-03 I The mod Ims bean paid in U1 far all labor, sabcmuavtor worle, cquipmnt and mat- erials, supplied to floe above desersbedpraject and roles all medxunic's lien, stop notice cqu gable lie end labor and material bond rights on the project for at toatrialk supplies, labor, servia s, cue., purchased, acquired, or iurniaieed by or for us and used on above Pr �eises, up to and oludiog {dare This reloaso is foe to IT=efit af, and may bevelied upon by the aw=, the prime coatraator, tho construction lender, and the principal and.surety on any labor and waWial bond posted for the projeot. If payment is by check, this rckame is conditional and effect" only when then check is paid by the bank upon which it is drawn without rc erviliou of any rights against RD Supply Waterworlm Ltd. b`IRtMNAW-i: TM SuunlX late vorlcsLttl. 0*1h"of0VMCMAU&M1mo AFM) BY �7 DATE o� - 7, D C?lueeumcnts snd Setltdyy16ab6ie,olft�e+�htY LlotunldiM�Wo�dHiWW FonnsUlen Slnteaxel+tVJVNl.dae Lai FLATHEAD COUNTY LAND INFORMATION SYSTEM Inquiry CITIZENS TITLE ACCOUNT AS OF by Assessor 0460013 Year 09 INFORt�_Ag;6@Ne A 0460013 75 00 1M 93 & CHURCH LLC 4M 3154 PARKWOOD LANE BIGFORK MT 59911 61 TR 3AA IN SW4NW4 & SE4NW4 & SW4NE4 13 29 22 78.38 CS CORR 15896-4 BLA 62 TR 2 IN SE4NE4 & N2SE4 & NE4SW4 13 29 22 137.43 CS CORR 15896-5 PART NO VALUE RECORD WAS FOUND FOR ASSRNO/YEAR NO PERS PROP RECORD WAS FOUND FOR ASSRNO/YEAR 0 January 2008, 11:22:39 - Input Request http://www.co.flathead.mt.us/li/jadehttp.dll?LAND_MainFormWeb 1/30/2008 jm FLATHEAD COUNTY LAND INFORMATION SYSTEM List Taxes by Assessor Trancode Q Number Assessor 0460013 Number Taxbill Inst -------Date------- Tax Void/ # - Payment Amount Abated Pal5Wgnt Processed Amount Fj 75 R 200746542 0 05/31/08 2007/11/26 1014.62 75 R 200746542 ❑1 11/30/07 2007/11/26 1014.64 ❑ 5 R 200605459 2] 05/31/07 2006/11/13 1634.36 11 5 R f7j] 11/30/06 2006/11/13 1634.40 ❑ 5 R 200505274 Q 05/31/06 2005/11/28 2663.00 5 R 200505274 ❑1 11/30/05 2005/11/28 2663.04 5 R'200405074 Q 05/31/05 2005/06/06 2516.99' 0 Pen/Int Amount 'HE PAYMENT OF DELINQUENT TAXES:MUST INCLUDE PENALTY AND INTEREST. CONTACT TH: TREASURER'S OFFICE TO DETERMINE THE CORRECT AMOUNT DUE -' (406) 758-5680 rancode'- I = Inquire N = Next P=Previous 0 January 2008, 11:23:26 - Input Request http://www.co.flathead.mt.us/li/J*adehttp.dll?LAND_MainFonnWeb 1/30/2008 Ldt FLATHEAD COUNTY LAND INFORMATION SYSTEM FLATHEAD COUNTY 800 S MM�WRKALI SPELL MT 59901- Statement of TA&W Due for Assessor 0460013 as of 01/30/2008 NuB�jlnning with tax Print? 0 Tax SchyelKst Taxbill Tax Amount Penalty Interest thru Total Due P16ar Dist Number 20080131 Installment Due THE PAYMENT OF DELINQUENT TAXES MUST INCLUDE PENALTYAND, INT. TREASURER'S OFFICE TO DETERMINE THE CORRECT AMOUNT DUE Total Amounts Due 13 29 22 TR 2 IN SE4NE4 & N2SE4'& NE4SW4 .13 29 22 TR-. 3AA.;::IN SW4NW4 & SE4NW4 &'SW4NE4 'ITerm 1166 User CITIZENS' Comment- 0 January 2008, 11:23:30 - Input Request http://www.co.flathead.mt.us/li/J*adehttp.dll?LAND—MainFormWeb 1/30/2008 LIPR01 T A X R 0 L L- 2007 REAL ESTATE 09/21/2007 PAGE 27,129 SD ASSRNO REC NAME/ADDRESS/PROPERTY DESCRIPTION - CITY/STATE//ZIP TOTAL TAX BILL CODE CAT COD CATEGORY TYPE QUANTITY MARKET VALUE 'PAX RAPE TAXABLE VALUE SPEC TAX AMOUNT NUMBER Total Special Taxes or Fees . . . . . . . . . . . . . . . . . . . . . 325.92 Total Consolidated Tax and Special Taxes or Fees. . . _ . . . . . . . . . 1783.47 ... . Second installment due 05/31/200B . . . . . . . . . . . . . . . . . . 891.71 1,783.47 200746540 ---- - -- ---------------------------------------------- - 75 0459880 1M BLUE & WHITE MOTEL INC -------------------- - ---------------------------- - --------------------- 4M 640 E IDAHO - KALISPELL MT 599014141 50 FND 0000 0000 BE 00 HEADER RECORD TRAY FRFT 0.00 SQFT 41440 50 FND 9504 5410 SE 00 COUNTY LAND FILL TRAY RESID UNIT 0.00 COMM'L UNITS 26.75 50 FND 9204 7850 SE Q 01 KAL LIGHTING 50 TRAY 50 FND 9205 7850 SEQ O1 KAL STORM SEWER TRAY 50 FND 9248 7850 SEQQ 01 KAL URBAN FOREST DST TRAY 50 FND 9249 7850 SE 01 KAL SPEC MAINT DIST1 TRAY 61 TR 30-20-B IN NW4SW4 82821 71 22070 COMMERCIAL CITY TOWN 0.00 250,763;X 3.0700 = 7698.42 07396608317090000 71 35070 IMPS ON COMM CITY/TO 0.00 - 405,287 X 3.0700= 12442.31 07396608317090000 Type of Property Market Value Taxable Value Real Estate 250763 7,698.42 Buildings 405:287 12,442.31 ------------- ---------------- Totals 656,050 20,140.73 Breakdown of Consolidated Levy and Tax - 100 CONSOLIDATED 0.076755 1545.91 200 STATE - UNIVERSITY 0.006000 120.84 300 GENERAL SCHOOLS 0.101010 2034.41 400 STATE - SCHOOL AID 0.040000 805.63 1000 FLAT VAL COM COLLEGE 0.015010 302.31 600 FLATHEAD HIGH SCHOOL 0.098170 1977.21 4300 KAL CITY ELEM 75 0.136900 2757.26 9028 SHERIFF 0.030911 622.57 9029 CO PERM MED LEVY 0.004949 99.68 9030 NOXIOUS.WEEDS 0,001820 36.66 9031 COUNTYWIDE MOSQUITO 0.000193 3.89 9052 BOARD OF HEALTH 0.005340 107.55 9170 KALISPELL CITY 0.146100 2982.84 9177 KAL PERM MED LEVY 0.014750 297.08 Total Consolidated Levy and Tax (Total Taxable Value X 0.679908) 13693.84 Special Taxes or Fees let Installment 9204 KAL LIGHTING 50 0.000000 62.16 9205 KAL STORM SEWER 0.000000 232.07 9248 KAL URBAN FOREST DST 0.000000 27.97 9249 KAL SPEC MAINT DIST1 0.000000 357.64 9504 COUNTY LAND FILL 0.000000 1079.77 - Special Taxes or Fees 2nd Installment 9204 KAL LIGHTING 50 0.000000 62.16 9205 KAL STORM SEWER 0.000000 232.06 9248 KAL URBAN FOREST DST 0.000000 27.97 9249 KAL SPEC MAINT DIST1 0.000000 357.83 9504 COUNTY LAND FILL 0.000000 1079.76 Total Special Taxes or Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3519.59 Total Consolidated Tax and Special Taxes or Fees . . . . . . . . . . . . . . . . . . . 17213.43 First installment due 11/30/2007 . . . . . . . . . . . . . . . . . . . . 8606.73 Second installment due 05/31/2008 . . . . . . . . . . . ... . . . . . . . . . . . 8606.70 ----------- ----- - ----- - ---------------------------- 17,213.43 200746541 75 0460013 1M 93 & CHURCH LLC -- - --- - ---------- --- - ------------- - --- 4M 3154 PARKWOOD LANNQE BIGFORK MT 599110000 50 FND 95RESIDIUNITS 00 COUNTY TYCOLMMDLFUNITS TRAY 61 TR 3AA IN SW4NW4 & SE4NW4 & SW4NE4 132922 62 TR 2 IN SE4NE4 & N2SE4 & NE4SW4 132922 71 J 11010 TILLABLE IRRIGATED 215.81 93,351 X 3.0700 = 2865.87 07407713101020000 Type of Property Market Value Taxable Value Real Estate 93,351 2,865.B7 ------------ -------------- Totals 93,351 2,865.87 Breakdown of Consolidated Levy and Tax - 100 CONSOLIDATED 0.076755 219.97 200 STATE - UNIVERSITY 0.006000 17.20 300 GENERAL SCHOOLS 0.101010 289.48 400 STATE - SCHOOL AID 0.040000 114.63 1000 FLAT VAL CON COLLEGE 0.015010 43.02 600 FLATHEAD HIGH SCHOOL 0.098170 281.34 4300 KAL CITY ELEM 75 0.136900 392.34 9028 SHERIFF. - 0.030911 88.59 9029 CO PERM MED LEVY 0.004949 14.18 9030NOXIOUS WEEDS 0.001820 5.22 9031 COUNTYWIDE MOSQUITO 0.000193 0.55 9052 BOARD OF HEALTH 0.005340 15.30 LIPR01 T A X R 0 L L - 2007 REAL ESTATE// 09/21/2007 PAGE 27,130 SD ASSRNO DESCRIPTION// T NUMBER CODE CATMCOD CATEGORY TYPEY MARKET VALUETAXVALUE SPEC TAX�AMOUNT 9170 KALISPELL CITY 0.148100 424.44 9177 KAL PERM MED LEVY 0.014750 42.27 Total Consolidated Levy and Tax (Total Taxable Value X 0.679908) 1948.53 Special Taxes or Fees 1st Installment 9504 COUNTY LAND FILL 0.000000 40.37 Special Taxes or Fees 2nd Installment 9504 COUNTY LAND FILL 0.000000 40.36 Total Special Taxes or Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . 80.73 Total Consolidated Tax and Special Taxes or Fees . . . . . . . . . . . . . . . . . . . 2029.26 Second installment due 05/31/2008 . . . . . . . . . . . . . ... 1014.62 2,029.26 200746542 ------------------------------------------------------------------------------------------------------------------------------------ 75 0460360 1M MISSION NORTHWEST DEVELOPMENT LLC 4M AD; IAN D MAC LACHLAN 200 29TH ST UNIT 5 SAN FRANCISCO CA 941310000 4P 1220 7TH AVE W KALISPELL MT 599010000 50 FND 0000 0000 SE QQ 00 HEADER RECORD TRAY FRFT 0.00 SQFT 4194 50 FND 0000 0000 SEQ 01 HEADER RECORD TRAY FRFT 0.00 SQFT 16778 50 FND 9504 5410 SE QQ 00 COUNTY LAND FILL TRAY - RESID UNITS 0.00 COMM'L UNITS 0.00 50 FND 9204 7850 SEQ 01 KAL LIGHTING 50 TRAY 50 FND 9205 7850 SEQ 01 KAL STORM SEWER TRAY 50 FND 9248 7850 SEQ 01 KAL URBAN FOREST DST TRAY 50 FND 9249 7850 SEQ 01 KAL SPEC MAINT DIST1 TRAY 61 VILLAGE AT 7TH AVE W CONDO IN DEMEESTERS UNIT 1220 182821 71 R 22010 CITY/TOWN LOTS 0.00 14,695 X 3.0700 = 451.13 07396618307077220 71 R 35010 IMPS ON RES CITY/TOW 0.00 21,126 X 3.0700 = 648.56 07396618307077220 Type of Property Market Value Taxable Value Real Estate 14, 695 451.13 Buildings 21,126 648.56 ------------- ---------------- Totals 35,821 1,099.69 Breakdown of Consolidated Levy and Tax - 100 CONSOLIDATED 0.076755 84.41 200 STATE - UNIVERSITY 0.006000 6.60 300 GENERAL SCHOOLS 0.101010 111.08 400 STATE - SCHOOL AID 0.040000 43.99 1000 FLAT VAL COM COLLEGE 0.015010 16,51 600 FLATHEAD HIGH SCHOOL 0.098170 107.96 4300 KAL CITY ELEM 75 0.136900 150.55 9028 SHERIFF 0.030911 33.99 9029 CO PERM MED LEVY 0.004949 5.44 9030 NOXIOUS WEEDS 0.001820 2.00 9031 COUNTYWIDE MOSQUITO 0.000193 0.21 9052 BOARD OF HEALTH 0.005340 5.87 9170 KALISPELL CITY 0.148100 162.86 9177 KAL PERM MED LEVY 0.014750 16.22 Total Consolidated Levy and Tax (Total Taxable Value X 0.679908) 747.69 Special Taxes or Fees 1st Installment 9204 KAL LIGHTING 50 0.000000 6.29 9205 KAL STORM SEWER 0.000000 10.48 9248 KAL URBAN FOREST DST 0.000000 2.83 9249 KAL SPEC MAINT DIST1 0.000000 23.30 Special Taxes or Fees 2nd Installment 9204 KAL LIGHTING 50 0.000000 6.29 9205 KAL STORM SEWER 0.000000 10.47 9248 KAL URBAN FOREST DST 0.000000 2.83 9249 KAL SPEC MAINT DISTI 0.000000 23.30 Total Special Taxes or Fees . . . . . . . . . . . . . . . . . . . . . . . . . B5.79 Total Consolidated Tax and Special Taxes or Fees . . . . . . . . . . . . . . . . . . . 833.48 First installment due 11/30/2007 . . . . . . . . . . . . . . . . . . . . . . . . . . 416.75 Second installment due 05/31/2008 . . . . . . . . . . . . . . . . . . . . . . . . . 416.73 ------------------------------------------------------------------------------------------------------------------------------------ 833.48 200746543 75 0460500 1M BURDEN MAUREEN E & PHILIP H C 4P M 5 1ST AVE E 50 FND 0000 0000 SEQ 00 HEADER RECORD TRAY FRFT 0.00 KALISPELL SQFT 7000 MT 599015605 50 FND 9504 5410 SE 00 COUNTY LAND FILL TRAY RESID UNIT 1.00 COMMIE UNITS 0.00 50 FND 9203 7850 SEQ 01 KAL GARBAGE TRAY 50 FND 9204 7850 SEQ 01 KAL LIGHTING 50 TRAY 50 FND 9205 7850 SEQ 01 KAL STORM SEWER TRAY 50 FND 9248 7850 SEQ 01 KAL URBAN FOREST DST TRAY 50 FND 9249 7850 SEQ 01 KAL SPEC MAINT DIST1 TRAY ME FLATHEAD COUNTY LAND INFORMATION SYSTEM Inquiry CITIZENS TITLE ACCOUNT AS OF by Assessor 0012146 Year Og INFORN4W&®Ke r- A 0012146 44 00 1M 93 & CHURCH LLC 4M 3154 PARKWOOD LN BIGFORK MT 59911 61 TR 1 IN NE4NW4 & N2NE4 EX B/S DEED 13 29 22 0460013 CS 15896-3 PT NO VALUE RECORD WAS FOUND FOR ASSRNO/YEAR NO PERS PROP RECORD WAS FOUND FOR ASSRNO/YEAR ALL DATA HAS BEEN DISPLAYED. 0 January 2008, 11:23:55 - Input Request http:/Iwww.co.flathead.mt.us/li/jadehttp.dll?LAND_MainFormWeb 1/30/2008 Am FLATHEAD COUNTY LAND INFORMATION SYSTEMI List Taxes by Assessor Trancode ❑ Number Assessor 0012146 NumbSn Taxbill Inst -------Date------- Tax Void/ # Payment Amount Abated PaM@nt Processed Amount ❑ 44 R 200729001 R 05/31/08 2007/11/26 901.21 1�1 n 44 R 11/30/07 2007/11/26 901.23 rl ❑ El El n 0 n El El El Pen/Int Amount THE PAYMENT OF DELINQUENT TAXES MUST INCLUDE PENALTY AND INTEREST. CONTACT 7-1 TREASURER'S OFFICE TO DETERMINE THE CORRECT AMOUNT DUE - (406) 758-5680, 1 Trancode I Inquire N = Next P=Previous 0 January 2008, 11:24:02 - Input Request http://www.co.flathead.mt.us/li/jadehttp.dll?LAND—MainFormWeb 1/30/2008 LIPR01 T A X R O L L- 2007 REAL ESTATE 09/21/2007 PAGE 16,399 SD ASSRNO REC NAME/ADDRESS/PROPERTY DESCRIPTION CITY/STATE/ZIP TOTAL TAX BILL CODE CAT COD CATEGORY TYPE QUANTITY MARKET VALUE TAX RATE TAXABLE VALUE SPEC TAX AMOUNT NUMBER 3100 WFSH RURAL ELEM 44 0.103760 0.88 9027 EMERGENCY/DISASTER 0.000125 0.00 9028 SHERIFF 0.030911 0.26 9029 CO PERM MED LEVY 0.004949 0.04 9030 NOXIOUS WEEDS 0.001820 0.02 9031 COUNTYWIDE MOSQUITO 0.000193 0.00 9050 ROAD 0.020800 0.15 9051 COUNTY PLANNING 0.001500 0.01 9052 BOARD OF HEALTH 0.005340 0.05 0 0.000000 0.00 Total Consolidated Levy and Tax (Total Taxable Value X 0.459603) 3.89 Special Taxes or Fees lst Installment 9085 SOIL & WATER CONSERV 0.001852 0.01 9507 MINIMUM TAX REVENUE 0.000000 0.55 Special Taxes or Fees 2nd Installment 9085 SOIL & WATER CONSERV 0.001852 0.01 9507 MINIMUM TAX REVENUE 0.000000 0.54 Total Special Taxes or Fees . . . . . . . . . . . . . . . . . . . . . . . . . . 1.11 Total Consolidated Tax and Special Taxes or Fees . . . . . . . . . . . . . . . . . . . 5.00 First installment due 11/30/2007 . . . . . . . . . . . . . . . . . . . . . . . . . 2.51 Second installment due 05/31/2008 . . . . . . . . . . . . . . . . . . . . . . . . . . 2.49 ------------------- 5.00 200729000 ------------------ 44 0012146 1M 93 & CHURCH LLC - ------- - ------------------------- - ------------------------ ------------ - -- 4M 3154 PARKWOOD IN BIGFORK MT 599110000 50 END 9504 5410 SEQ 00 COUNTY LAND FILL TRAY RESID UNIT 1.00 OMM'L UNITS 0.00 61 TR 1 IN NE4NW4 & N2NE4 EX BS DEED 132922 71 UVCI 11010 TILLABLE IRRIGATE bbbDDD 77.72 42,301 X 3.0700 = 1298.64 07407713101150000 71 UVCI 16010 GRAZING 31.51 857 X 3.0700 = 26.30 07407713101150000 71 UVCI 20010 1 AC FARMSTEAD - AG 1.00 576 X 3.0700 = 17.68 07407713101150000 71 UVCI 31100 IMP ON AG LAND 0.00 49,425 X 3.0700 = 1517.34 07407713101150000 Type of Property Market Value Taxable Value eal Estate 43,734 1 342 62 Buildings 49,425 1:517:34 ------------- Totals 93,159 ---------------- 2,859.96 Breakdown of Consolidated Levy and Tax - 100 CONSOLIDATED 0.076755 219.51 200 STATE - UNIVERSITY 0.006000 17.16 300 GENERAL SCHOOLS 0,101010 288.89 400 STATE - SCHOOL AID 0.040000 114.40 1000 FLAT VAL COM COLLEGE 0.015010 42.93 800 WHITEFISH HI SCHOOL 0.051430 147.09 3100 WFSH RURAL ELEM 44 0.103760 296.75 9027 EMERGENCY/DISASTER 0.000125 0.36 9028 SHERIFF 0.030911 88.40 9029 CO PERM MED LEVY 0.004949 14.15 9030 NOXIOUS WEEDS 0.001820 5.21 9031 COUNTYWIDE MOSQUITO 0.000193 0,55 9050 ROAD 0.020B00 59.49 9051 COUNTY PLANNING 0.001500 4.29 9052 BOARD OF HEALTH 0.005340 15.27 0 0.000000 0.00 Total Consolidated Levy and Tax (Total Taxable Value X 0.459603) 1314.45 4ecial Taxes or Fees 1st Installment 058 ROAD EXEMPT-0.020800 -29.75 9059 COUNTY PLAN EXEMPT -0.001500 -2.15 9085 SOIL & WATER CONSERV 0.001852 2.65 9170 KALISPELL CITY 0.148100 211.79 9177 KAL PERM MED LEVY 0.014750 21.09 9504 COUNTY LAND FILL 0.000000 40.37 Special Taxes or Fees 2nd Installment 9058 ROAD EXEMPT-0.020800 -29.74 9059 COUNTY PLAN EXEMPT -0.001500 -2.15 9085 SOIL & WATER CONSERV 0.001852 2.65 9170 KALISPELL CITY 0.148100 211.78 9177 KAL PERM MED LEVY 0.014750 21.09 9504 COUNTY LAND FILL 0.000000 40.36 Total Special Taxes or Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . 487.99 Total Consolidated Tax and Special Taxes or Fees. . . . . . . . . . . . . . . . . 1802.44 First installment due 11/30/2007 . . . . . . . . . . . . . . . . . . . 901.23 Second installment due 05/31/2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 901.21 _ _ ---------------- - -------------------------------------------------------------- 1,802.44 200729001 44 0012160 1M CLARK TERRY M 21 MILLEf2, BRIAN D ---------------- - ------- 22 DURINA, RICHARD J 23 KASKIW, GARRY W 24 DOMOLEWSKI JIM 25 CRUMLEY, MMOTHY G 26 LABUHN HARVEY V 4M 7 bGEWOOD PL W LETHBRIDGE AB T1K5Z7 CN 000000000 FLATHEAD COUNTY TREASURER STATEMENT OF TAXES PAID Taxbill Number: 200729001 Installment: 9 Tax Year: 2007 ,jAgsessor Number: 0012146 School District: 44 First Half Paid 11/26/2007 Taxes Due......... 901.23 - Abated Items...... 0.00 + Penalty & Interest 0.00 = Amount Paid....... 901.23 Second Half Paid 11/26/2007 Taxes Due......... 901.21 - Abated Items...... 0.00 + Penalty & Interest 0.00 = Amount Paid....... 901.21 Amount Paid in both halves....... 1,802.44 Property Description: TR 1 IN NE4NW4 & N2NE4 EX B/S DEED 13-29-22 93 & CHURCH LLC 3154 PARKWOOD LN BIGFORK MT 59911 FLATHEAD COUNTY TREASURER STATEMENT OF TAXES PAID Taxbill Number: 200746542 Installment: 9 Tax Year: 2007 assessor Number: 0460013 School District: 75 First Half Paid 11/26/2007 Taxes Due......... 1,014.64 - Abated Items...... 0.00 + Penalty & Interest 0.00 = Amount Paid....... 1,014.64 Second Half Paid 11/26/2007 Taxes Due......... 1,014.62 - Abated Items...... 0.00 + Penalty & Interest 0.00 = Amount Paid....... 1,014.62 Amount Paid in both halves....... 2,029.26 Property Description: TR 3AA IN SW4NW4 & SE4NW4 & SW4NE4 13-29-22 TR 2 IN SE4NE4 & N2SE4 & NE4SW4 13-29-22 93 & CHURCH LLC 3154 PARKWOOD LANE BIGFORK MT 59911