H3. Eagle Valley Ranch Final Plat and AgreementCITY OF
KALISPELL
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: Final plat request for Eagle Valley Ranch Phases 2 and 3
MEETING DATE: October 3, 2022
BACKGROUND: Jackola Engineering has submitted a request, on behalf of Spartan Holdings, LLC,
for final plat approval of Eagle Valley Ranch Phases 2 and 3. Those phases contain 67 single family lots,
2 multi -family lots and 14 office lots. The proposed subdivision is generally situated along Highway 93
south of Ponderosa Residential Subdivision, east of Northern Pines Golf Course and north of the Montana
National Guard facilities. The overall subject property can be legally described as Tracts 4, 7 and 8 of
COS 4491 and Tract 2 of COS 5975, situated in the SW4 Section 19, Township 29 North, Range 21
West, P.M.M. Flathead County, Montana. A specific metes and bounds description is included in the
attached report.
The City Council approved the preliminary plat with 25 conditions in February 2019 (Resolution 5909).
All of the conditions have been met or adequately addressed. The attached report summarizes the
applicant's compliance with the conditions of approval. All infrastructure has been installed and accepted
or bonded for. A subdivision improvement agreement in the amount of $999,49.76 is included for the
Council's consideration.
RECOMMENDATION: It is recommended that the City Council make a motion to approve the final
plat for Eagle Valley Ranch Phases 2 and 3, as well as the subdivision improvement agreement.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Final plat compliance letter and associated attachments.
Report compiled: September 22, 2022
Aimee Brunckhorst, Kalispell City Clerk
CITY OF
KALISPELL
September 21, 2022
Doug Russell, City Manager
City of Kalispell
201 1st Ave E
Kalispell, MT 59901
Re: Final Plat request for Eagle Valley Ranch Phases 2 and 3
Dear Doug:
Planning Department
201 1' Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
Jackola Engineering has submitted a request, on behalf of Spartan Holdings, LLC, for final plat approval
of Eagle Valley Ranch Phases 2 and 3. Those phases contain 67 single family lots, 2 multi -family lots and
14 office lots. The proposed subdivision is generally situated along Highway 93 south of Ponderosa
Residential Subdivision, east of Northern Pines Golf Course and north of the Montana National Guard
facilities. The overall subject property can be legally described as described as Tracts 4, 7 and 8 of COS
4491 and Tract 2 of COS 5975, situated in the SW4 Section 19, Township 29 North, Range 21 West,
P.M.M. Flathead County, Montana. A full metes and bounds description of the specific property is
included as Exhibit A.
The City Council approved the preliminary plat with 25 conditions in February 2019 (Resolution 5909).
All of the conditions have been met or adequately addressed. The following report summarizes the
applicant's compliance with the conditions of approval. All infrastructure has been installed and
accepted or bonded for. A subdivision improvement agreement in the amount of $999,49.76 is included
for the Council's consideration.
COMPLIANCE WITH CONDITIONS OF APPROVAL
1. The development of the site shall be in substantial compliance with the application submitted,
the site plan, materials and other specifications as well as any additional conditions associated with the
preliminary plat as approved by the city council.
Staff Response: This condition has been met. The development and final plat are in substantial
compliance.
2. All provisions of Ordinance 1814 (Eagle Valley Ranch PUD) shall be complied with.
Staff Response: This condition has been met. It is compliant with the conditions of the PUD.
3. The preliminary plat approval shall be valid for a period of three years from the date of approval.
Staff Response: This condition has been met. The original preliminary plat approval was February
2019 and the final plat for Phase 1 was approved on December 7, 2020. The final plat of the first phase
extended the period for two years to December 7, 2022.
4. The developer shall submit to the Kalispell Public Works Department for review and approval a
storm water report and an engineered drainage plan that meets the requirements of the current city
standards for design and construction. Prior to final plat, a certification shall be submitted to the public
works department stating that the drainage plan for the subdivision has been installed as designed and
approved.
Staff Response: This condition has been met. The applicant has provided letters dated October 14,
2019, and September 21, 2022, from the Kalispell Public Works Department showing that the
requirements have been satisfied.
5. The developer shall submit to the Kalispell Public Works Department prior to construction an
erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana
Department of Environmental Quality for the General Permit for Storm Water Discharge Associated
with Construction Activities.
Staff Response: This condition has been met. The applicant has provided a letter dated September 21,
2022, from the Kalispell Public Works Department and a letter dated January 13, 2020, from DEQ
showing that the requirements have been satisfied.
6. The developer shall submit water and sanitary sewer plans, applicable specifications, and design
reports to the Kalispell Public Works Department and the Montana Department of Environmental
Quality for concurrent review, with approval of both required prior to construction.
Staff Response: This condition has been met. The applicant has provided letters dated October 14,
2019, and September 21, 2022, from the Kalispell Public Works Department and a letter dated September
15, 2022, from DEQ showing that the requirements have been satisfied.
7. The developer shall submit the street design to the Kalispell Public Works Department for review
and approval prior to construction. Street designs shall meet the city standards for design and
construction.
Staff Response: This condition has been met. The applicant has provided letters dated October 14,
2019, and September 21, 2022, from the Kalispell Public Works Department showing that the
requirements have been satisfied.
8. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted
for unfinished work.
Staff Response: This condition has been met. The applicant has provided a letter dated September 21,
2022, from the Kalispell Public Works Department showing that the requirements have been satisfied.
9. The developer shall obtain an approach permit from the Montana Department of Transportation
(MDT) for approaches onto U.S. 93 North. If any improvements are necessary at the intersection of the
roadways, 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.
Staff Response: This condition has been met. The applicant submitted the approach permit dated
August 12, 2022, from the Montana Department of Transportation.
10. Prior to final plat all mitigation required as part of the approved traffic impact study shall be
completed. All improvements shall be reviewed and approved by either the Public Works Department
or Montana Department of Transportation. A letter from the Kalispell Public Works Department or
Montana Department of Transportation shall be submitted stating that all new infrastructure has been
accepted by the City of Kalispell or State of Montana. If infrastructure work has not been accepted, a
letter stating that a proper bond has been accepted for the unfinished work by the appropriate agency is
required.
Staff Response: This condition has been met. The applicant has provided a letter dated September 21,
2022, from the Kalispell Public Works department showing that the requirements have been satisfied.
11. West Eagle Valley Drive shall be improved to city standards prior to final plat of Phase 2.
Staff Response: This condition has been met. The applicant has provided a letter dated September 21,
2022, from the Kalispell Public Works Department showing that the requirements have been satisfied.
12. As part of final plat of Phase 1, the developer shall provide the City of Kalispell a 2-acre utility
lot, that is found to be acceptable by the Kalispell Public Works Director. Two site have been identified
as a suitable location for the water storage facility; a site behind lots 106-115 of this preliminary plat
within the common area, and another site located on the nob adjacent U.S. 93 North, north of Parcel A
of COS 6557. The developer shall also provide an easement for a water line extension to the proposed
water utility site.
Staff Response: This condition has been met as part of the final plat for Phase 1. The status of the
utility lot is addressed in a letter from the Kalispell Public Works Department dated September 21, 2022.
13. A fire apparatus access road agreement, approved by the Kalispell Fire Chief, for the secondary
access road shall be completed prior to final plat of Phase 1.
Staff Response: This condition has been met as part of the final plat for Phase 1. A letter from the
Kalispell Fire Department dated April 16, 2020, was submitted by the applicant addressing the condition.
14. Lots 9-12 shall not have access off of West Eagle Valley Drive.
Staff Response: This condition has been met. The plat includes a note to that effect and the applicant
has provided a letter dated September 21, 2022, from the Kalispell Public Works Department showing
that the requirements have been satisfied.
15. All existing and proposed easements shall be indicated on the face of the final plat. A letter from
the Kalispell Public Works Department shall be obtained stating that the required easements are being
shown on the final plat.
Staff Response: This condition has been met. The applicant has provided a letter dated September 21,
2022, from the Kalispell Public Works Department showing that the requirements have been satisfied.
16. The following statement shall appear on the final plat: "The undersigned hereby grants unto each
and every person, firm or corporation, whether public or private, providing or offering to provide
telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right
to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and
other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have
and to hold forever."
Developer's Signature
Staff Response: This condition has been met. The note has been placed on the face of the plat.
17. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery
site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and
improvements shall also be included in the preliminary and final engineering plans to be reviewed by
the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard
area.
Staff Response: This condition has been met. The applicant has submitted a letter from USPS dated
August 7, 2022, showing its approval.
18. A homeowner's association (HOA) shall be formed and established for the common areas prior
to final plat.
Staff Response: This condition has been met. An HOA and a property owners association have
covenants that include provisions for maintenance of common areas.
19. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants
and fire flows within the subdivision shall be submitted prior to final plat.
Staff Response: This condition has been met. A letter from the Kalispell Fire Department dated April
16, 2020, was submitted by the applicant addressing the condition.
20. A letter shall be obtained from the 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.
Staff Response: This condition has been met. The applicant has submitted a letter from the Parks
Department dated September 16, 2022, approving the plan.
21. The developer shall provide the Parks and Recreation Department with a park improvement plan
prior to final plat of Phase 1 for the development, which shall include provisions for the following:
• A minimum 10-feet wide paved pedestrian trail shall be constructed along the entire U.S. 93
frontage within the 100-foot buffer. The trail shall be integrally designed into the landscape plan required
between the highway and the 100-foot buffer. The pathway shall be as linear as possible and shall not
have any bollards obstructing movement.
• All locations where park access is shown to the open space area shall include path connections
to the city right-of-way.
• Common area landscaping.
• Location and type of playground equipment, or equivalent recreational facility to be used by
residents of the development.
Staff Response: This condition has been met. The applicant has submitted a letter from the Parks
Department dated September 16, 2022, approving the plan.
22. A park maintenance district shall be formed incorporating all lots, commercial and residential
within the subdivision. This district shall only be activated in the event that the property owners'
association defaults on their park and open space amenity conditions. The taxes levied within the
maintenance district shall be determined by the Parks and Recreation Department with approvals by the
Kalispell City Council.
Staff Response: This condition has been met. A note has been placed on the plat waiving the right to
protest a Special Improvement District in the event that there is a failure to maintain common areas.
23. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed
prior to final plat submittal.
Staff Response: This condition has been met. The minimum two-thirds of the infrastructure has been
completed.
24. All utilities shall be installed underground.
Staff Response: This condition has been met. All of the utilities have been installed underground.
25. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately
after development.
Staff Response: This condition has been met. Per the applicant's letter, all disturbed areas will be
revegetated.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS
This subdivision plat has been found to be in compliance with the State and City subdivision regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance and the R-3/PUD and RA-2/PUD zoning
for the property.
RECOMMENDATION:
It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately
addressed. It is recommended that the Kalispell City Council approve the final plat and subdivision
improvement agreement for Eagle Valley Ranch Phases 2 and 3.
Attachments: - Two mylars of final plat
- Copy of final plat
- Subdivision Improvement Agreement and Engineers Estimate
- Applicant responses and final plat application dated 7/14/22
- First American Title Insurance Guarantee 5010500-10574755-FT dated 6/30/22
- Consent to Plat
- Flathead County tax certification dated 7/26/22
- USPS letter dated 8/7/22
- Letters from Public Works dated 10/14/19 and 9/21/22
- DEQ letters dated 3/17/22 (2) and 9/15/22
- MDT approach permit date 8/12/22
- DEQ SWPPP dated 1/13/20
- Fire Dept letter dated 4/16/20
- Parks letter dated 9/16/22
- CCRs
c w/ Att: Aimee Brunckhorst, Kalispell City Clerk
c w/o Att: Jackola Engineering
2250 Highway 93 S
Kalispell, MT 59901
EXHIBIT A
LEGAL DESCRIPTION
A TRACT FiFLAND LOCATED JN THE NORTH HALF OF THE SOUTHWE5TQLIARTER OF SECTION 19, TOWNSHIP 29 NORTH, RANGE 21 WEST, PRfNCJPAL MERIDIAN, MONTANA, CFTY OFKALISPELL,
FLATHEAD COUNTY, MONTANA AND BEING MORE PARTTGULARLYDESLRIBE0 AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTH4VE$TOUARTER OF$AID$ECTJON 19; THENCE $(]{j'42'34"E ON AJYDALOHG THE EA$T LINE OF THE
NORTHEJLSTQUARTER OF THE SOUTHWEST QUARTER OF SECTJON 19. A DISTANCE OF 262.99 FEET TO THE TRUE POINT OF BEEFINNWG,
THENCE CONTINum ONS,UD FAIT LINFSOd'42'3A"€, A DISTANCE OF 47538 FJ:L I IC IIA VORTNEAST CORNER OF COMMONARFA 3 OF THE PLATOF EAGLE' VALL€YJIANCN, PHASE jRECOJ3D5 OF
FLATHEAD COUNTY, MONTANA); THENCE ON AND ALONG THE SOUNDARYOF SAND PLATTNE FOLLOWING TWELVE 112) COURSES;
3 J SN'1 T26"W, 125.00 FEET;
21 NOO-42'34"W, 2S38 FEET;
3) 5M'17'20W, 5 73-00 FEET;
4) NORTHERLYALONG A CURVE TO THE LEFT WITH CENTER BEARfNG SNT2'41'W, HAVING RADIUS DF460,W FEETANOA DELTA ANGLE OF 44T76'14', AN ARC DISTANCE OF 354.09 FEET;
5) NO3-23'45"W, 7.32 FEET;
6) 539'-3444"W, 2M 7T 1 LL I ;
7) ALONG A CURVE TO TJ FT B IGHT, NA VJHG A RADIUS OF 3W 00 FEET AND A DELTA ANGLE OF 31'34'24", AN ARC DISTANCE OF 196.27 FEET;
S) SDOY10'57-E, 504.30 FEET;
9)589"59'J74"W, 177-54 I±:✓ i;
3RJ N00'DT56'W, 484.23 FFF7,-
I1J 589-56'38"W, 86.00 FEET;
12) 30d'Ob'S6"�, 63d.17 J LE I : QA POINT ON THE NORTH LONE OF THE$OVTH HALF OF THE$OIJTHWE$T QUARTER OF SECTION I9;
THENCE S89"59'04"W ON AND ALONG SAID NORTH LINE, A INSTANCEOF 555.26 FEET TO THE WESTERLY RIGHT-OF-WAY OF U.S. HIGHWAY JYO. 93 NORTH;
THENCE NDO'L13'25"W ON ANO ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 659.4!J FEEF FO THE SOUTHWEST CORNER OF PARCEL COF CERTIFICATE OF SURVEY NO. 9429 [RECORDS OF FLATHEAD
COJ)RTY, MONTARA}; THENCE ON ANDALONG THE 60UNDARYOFSAIO PAHCEL Till FOLLOWJRG TWO (2) COURSES- N39'56'38"E, 659.67 FEET; N00"04'44"W, 310.22 FEET;
THENCE LEAVING SAID BOUNDARY N70'2B'11'E, A DISTANCE OF 325.34 FEET;
THENCE 4472621"E, A DISTANCE OF60.00 FEET, -
THENCE SOUTHEASTERLY ALONG CURVE TO THE LEFT WFTH CENTER BEARING N25-35.53"IF, HAVING A RADIUS OF 240 00 FEET AND A DELTA ANGLE OF 22'10'30", AN ARC DISTANCE OF 92.89 FEET;
THENCE N25'35'5I"E, A PNTARCE OF 310-00 FEET;
THENCE 42729'45"E, A DF5TARCE OF IN36 FEET TO THE SOUT14WBTCORNER OFTJIEAMENDED PLAT OF PONDEROSA fRFLORDS OF FLATHEAD COUNTY MONTANA);
THENCE N9B$7'J8"E ON AND ALONG THE SOUTH HDUNDARY OF 5AFD AME140ED MAT, A OJSTANCE OF 789,77 FEET TO THE NORTHWEST CORNER OF UTILITY LOT 1 OF EAGLE VALLEY RANCH, PMA5E
1; THENCE ON AND ALONG THE BOUNDARIES OF i,UO UTILITY LOT 1 THE FOLL(YWJfOG FOUR f4J COURSES;
1) 500'4234"E,159.31 FEET;
21 N89'17'26"E, 515r25 FEET;
4) 500'42'34`E,110.00 FEET;
5) N99-1726"E, A DISTANCE OF 25-00 FEET TO THE POINT OF BFGLNPIM6.
THN TRACT CONTAFIYS 42-352 ACRES, SUBJECT TO AND TOGET4ER WITH ALL EASEMENTS SHOWN HEREOR AND ALL ApPURTENAMT EASEMENTS AND FIJCUMERANCES APPARENT AND OF RECORD.
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Return to:
Aimee Brunkhorst
Kalispell City Clerk
201 111 Avenue East
Kalispell, MT 59901
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of , 20 ,
by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First
Part and hereinafter referred to as the CITY, and SPARTAN HOLDINGS LLC, a Montana
limited liability company, located at 341 W. Second St. Ste 1, San Bernardino, CA 92401, 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
EAGLE VALLEY RANCH SUBDIVISION PHASE 2-3 located at N%zSW'/4, SWIANW'/4,
Section 19, T 29N, R 21 W, City of Kalispell, Flathead County, Montana, and,
WHEREAS, the City has conditioned its approval of the final plat of EAGLE VALLEY RANCH
SUBDIVISION PHASE 2-3 upon the conditions as set forth in the Preliminary Plat of the
Subdivision being completed and all improvements, as cited in "Exhibit A" have not been
completed at this time, and the Developer wishes to bond for the completion of those improvements
set forth in "Exhibit A'; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial
security of 125% of the estimated total cost of construction of said improvements as evidenced by
an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of Seven
Hundred Ninety -Nine Thousand Five Hundred Twenty -Seven and 80/100 Dollars ($799,527.80).
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the
City, the Developer hereby agrees as follows:
• The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable
collateral as determined by the City Council, in the amount of Nine Hundred Ninety -Nine
Thousand Four Hundred Nine and 76/ 100 Dollars ($999,409.76). Said Letter of Creditor
other collateral shall have an expiration date of at least sixty (60) days following the date
set for completion of the improvements, certifying the following:
0 That the creditor guarantees funds in the sum of Nine Hundred Ninety -Nine Thousand
Four Hundred Nine and 76/100 Dollars ($999,409.76), the estimated cost of
completing the required improvements in EAGLE VALLEY RANCH
SUBDIVISION PHASE 2-3.
• That if the Developer fails to complete the specified improvements within the required
period, the creditor will pay to the City immediately, and without further action,
such funds as are necessary to finance the completion of those improvements up to
the limit of credit stated in the letter;
• That said required improvements shall be fully completed by AUGUST 1, 2023.
• That upon completion of the required improvements, the Developer shall cause to be filed with
the City a statement certifying that:
• All required improvements are complete;
• That the improvements are in compliance with the minimum standards specified by the
City for their construction and that the Developer warrants said improvements
against any and all defects for a period of two (2) years from the date of
acceptance of the completion of those improvements by the City;
• That the Developer knows of no defects in those improvements;
• That these improvements are free and clear of any encumbrances or liens;
• That a schedule of actual construction costs has been filed with the City; and,
• All applicable fees and surcharges have been paid.
• The Developer shall cause to be filed with the City copies of final plans, profiles, grades and
specifications of said improvements, with the certification of the registered professional
engineer responsible for their preparation that all required improvements have been
installed in conformance with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS,
TO -WIT:
That the Developer shall provide for inspection of all required improvements by a registered
professional engineer before the Developer shall be released from the Subdivision Improvement
Agreement.
That if the City determines that any improvements are not constructed in compliance with the
specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold
collateral sufficient to insure such compliance. If the City determines that the Developer will not
construct any or all of the improvements in accordance with the specifications, or within the
required time limits, it may withdraw the collateral and employ such funds as may be necessary to
construct the improvement or improvements in accordance with the specifications. The unused
portions of the collateral shall be returned to the Developer or the crediting institution, as is
appropriate.
2
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year
herein before written.
SPARTAN HOLDINGS LLC
s
ByOE
. icholas J. Couss is, ger
STATE OF MON A
COUNTY OF
On this day of , 20 , before me, a Notary Public for
the State of Montana, personally p tr�ed—Nicholas J. Coussoulis, known to me to be the Manager
of Spartan Holdings, LLC whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same.
IN WIT S WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and
CITY MANAGER, CITY OF KALISPELL ATTEST:
y ove written.
BARBARA K CLARK
of Mont
NOTARY PUBLIC for the
State of Montan a
Notary Pub or a State
Printed Name
1 la✓/�-
*SEAL *
Residing at Lakeside, Montana
Residing at
MYMarch i 16, 2024res
My Commission Expir
_90FN10`�P��
3. -� ` — Oo?
CITY MANAGER CITY CLERK
Eagle Valley Ranch Phase 2 & 3 Engineers Estimate of Progress as at: 09 20 22
No.
Description
Quantitv & Unit
Unit Cost
Total Cost
Percentage
Current
Completed Total
Complete
10
MOBILIZATION
1 LS
48,100.00
48,100.00
87%
$41,847.00
20
SWPPP
1 LS
8,025.00
8,025.00
95%
$7,623.75
30
EROSION CONTROL
1 LS
19,550.00
19,550.00
95%
$18,572.50
35
SAWCUT & REMOVE ASPHALT APPROACH
6,622 SF
0.36
2,383.92
100%
$2,383.92
36
ADJUST EXIST SEWER MH TO GRADE
1 EA
681.31
681.31
100%
$681.31
37
HWY 93 TRAFFIC CONTROL
1 LS
12,000.00
12,000.00
100%
$12,000.00
38
HWY 93 STRIPING MATERIAL
1 LS
3,000.00
3,000.00
0%
$0.00
60
STRIP & PILE TOPSOIL (13TH AVE
39,000 CY
2.36
92,040.00
100%
$92,040.00
70
SITE CUT / FILL
1 LS
421,130.00
421,130.00
100%
$421,130.00
90
REPLACE TOPSOIL (6" DEPTH)
28,563 CY
3.26
93,115.38
65%
$60,525.00
100
SEEDING
1 LS
84,205.00
84,205.00
0%
$0.00
110
HWY 93 TRAFFIC CONTROL JACK N
1 LS
3,714.87
3,714.87
100%
$3,714.87
120
CONNECT TO EXIST 14" WTR MAIN
1 LS
20,244.35
20,244.35
100%
$20,244.35
130
JACK & BORE - 36' CASING
140 LF
838.49
117,388.60
100%
$117,388.60
140
16" PVC WATER MAIN
2,741 LF
133.11
364,854.51
100%
$364,854.51
150
16" FITTINGS
16 EA
1,829.94
29,279.04
100%
$29,279.04
160
16" BUTTERFLY VALVES
24 EA
5,687.19
136,492.56
100%
$136,492.56
170
FIRE HYDRANT ASSEM OFF 16" MAI
9 EA
7,392.27
66,530.43
100%
$66,530.43
180
8" PVC WATER MAIN
2,587 LF
63.55
164,403.85
100%
$164,403.85
190
8" FITTINGS
16 EA
526.30
8,420.80
100%
$8,420.80
200
8" GATE VALVES
22 EA
2,270.21
49,944.62
100%
$49,944.62
210
FIRE HYDRANT ASSEM OFF 8" MAIN
6 EA
6,416.28
38,497.68
100%
$38,497.68
220
3/4" WATER SERV W/METER PITS
66 EA
3,345.32
220,791.12
100%
$220,791.12
221
1.5" WATER SERV W/METER PITS
15 EA
6,572.24
98,583.60
100%
$98,583.60
230
8" SEWER MAIN
4,823 LF
62.48
301,341.04
100%
$301,341.04
250
SEWER MANHOLES
25 EA
4,090.75
102,268.75
100%
$102,268.75
260
4" SEWER SERVICES
65 EA
2,100.69
136,544.85
100%
$136,544.85
265
6" SEWER SERVICES
15 EA
2,747.92
41,218.80
100%
$41,218.80
270
12" STORM DRAIN
5,731 LF
49.56
284,028.36
98%
$278,347.79
272
15" STORM DRAIN
73 LF
76.98
5,619.54
100%
$5,619.54
275
15" HOPE STORM DRAIN
228 LF
38.84
8,855.52
100%
$8,855.52
276
DRYWELLS - PONDS C & D
6 EA
3,111.96
18,671.76
100%
$18,671.76
277
RIPRAP OUTFALL
260 SF
8.77
2,280.20
0%
$0.00
278
FLEXOMATS - PONDS C & D
7,063 SF
10.82
76,421.66
0%
$0.00
280
30" DIA CATCH BASINS W/APRON
28 EA
2,450.02
68,600.56
100510
$68,600.56
290
48" DIAMETER STORM MANHOLES
32 EA
3,411.28
109,160.96
100%
$109,160.96
300
POND OUTFALL STRUCTURE
2 EA
4,837.30
9,674.60
100%
$9,674.60
305
LAYDOWN CURB & GUTTER
4,105 LF
18.08
73,834.40
100%
$73,834.40
310
CONCRETE CURB & GUTTER
5,698 LF
17.97
102,784.06
100%
$102,784.06
312
7" VALLEY GUTTER
137 SF
11.64
1,594.68
100%
$1,594.68
314
8" CONCRETE MAILBOX PAD
45 SF
23.67
1,065.15
100%
$1,065.15
320
6" CONCRETE DRIVE
786 SF
7.88
6,193.68
1000/0
$6,193.68
325
6" CONCRETE MAILBOX APRON
534 SF
7.54
4,026.36
100%
$4,026.36
330
HC RAMPS
1,342 SF
11.00
14,762.00
0%
$0.00
335
DOME TILES
32 EA
310.06
9,921.92
0%
$0.00
340
SIDEWALK W/GRAVEL
44,564 SF
4.55
202,766.20
95%
$193,540.34
341
TYPE A MOUNTABLE CURB -MDT ROW
68 LF
40.33
2,742.44
0%
$0.00
342
3" CONCRETE MEDIAN CAP -MDT ROW
186 SF
11.71
2,178.06
0%
$0.00
343
9" OF 3" MINUS GRAVEL HAMMERHEAD
1,601 SF
1.04
1,665.04
100%
$1,665.04
344
10" OF 3/4" CRUSH GRAVEL HAMMERHEAD
1,601 SF
0.97
1,552.97
100%
$1,552.97
346
15" OF 3" MINUS TEMP GRAVEL
12,967 SF
1.06
13,745.02
100%
$13,745.02
347
10" OF 3/4" CRUSH TEMP GRAVEL.
12,967 SF
0.69
8,947.23
100%
$8,947.23
348
"BARRICADE SIGNS"
6 EA
275.96
1,655.76
0%
$0.00
350
15" OF 3" MINUS - COLLECTOR
96,833 SF
1.31
126,851.23
100%
$126,851.23
360
6" OF 3/4" CRUSH - COLLECTOR
96,833 SF
0.59
57,131.47
100%
$57,131.47
370
4" OF ASPHALT - COLLECTOR
89,833 SF
1.93
170,377.69
100%
$170,377.69
380
9" OF 3" MINUS - LOCAL
67,617 SF
0.83
56,122.11
100%
$56,122.11
390
6" OF 3/4" CRUSH - LOCAL
67,617 SF
0.61
41,246.37
100%
$41,246.37
400
4" OF ASPHALT - LOCAL
67,617 SF
2.01
130,910.17
100%
$130,910.17
402
15" OF 3" MINUS - MDT ROW
2,655 SF
1.75
4,646.25
100%
$4,646.25
404
6" OF 3/4" CRUSH - MDT ROW
2,655 SF
0.77
2,044.35
100%
$2,044.35
406
4" OF ASPHALT - MDT ROW
2,655 SF
2.21
5,867.55
100%
$5,867.55
408
3" ASPHALT - COWBOY CHURCH
138 SF
6.34
874.92
100%
$874.92
410
9" OF 3" MINUS - ASPHALT PATH
6,176 SF
0.97
5,990.72
100%
$5,990.72
420
6" OF 3/4" CRUSH - ASPHALT PAT
6,176 SF
0.95
5,867.20
100%
$5,867.20
430
4" OF ASPHALT -ASPHALT PATH
6,176 SF
2.42
14,945.92
100%
$14,945.92
432
9" OF 3" MINUS RETEN POND ACCE
3,810 SF
1.11
4,229.10
100%
$4,229,10
434
10" OF 3/4" CRUSH RETEN POND
3,810 SF
1.13
4,305.30
100%
$4,305.30
450
HWY 93 EPDXY TURN LANE RE-STRI
1 LS
2,653.48
2,653.48
0%
$0.00
452
"DO NOT ENTER/RIGHT TURN ONLY"
1 EA
523.27
523.27
0%
$0.00
454
25 MPH SPEED LIMIT SIGNS
6 EA
233.51
1,401.06
0%
$0.00
460
STREET NAME / STOP SIGNS
9 EA
573.15
5,158.35
0%
$0.00
470
28FT WIDE PAINTED CROSSWALK
9 EA
307.80
2,770.20
0%
$0.00
480
34FT WIDE PAINTED CROSS WALK
6 EA
371.49
2,228.94
0%
$0.00
490
14FT WIDE 24" STOP BAR
5 EA
307.80
1,539.00
0%
$0.00
495
17FT WIDE 24" STOP BAR
4 EA
371.49
1,485.96
0%
$0.00
496
DOUBLE YELLOW C/L STRIPING
4,475 LF
0.42
1,879.50
0%
$0.00
497
"RTARROW" & "ONLY"
2 EA
106.14
212.28
0%
$0.00
498
TREES/SHRUBS-HWY 93 BUFFER
1 LS
16,159.69
16,159.69
0%
$0.00
500
BLVD TREES - 2.5" CALIPER
268 EA
398.02
106,669.36
0%
$0.00
510
COMMON UTILITY TRENCH
4,348 LF
11.43
49,697.64
100%
$49,697.64
520
6" POWER CONDUIT W/SWEEPS &
1,973 LF
23.55
46,464.15
100%
$46,464.15
530
4" POWER CONDUIT W/SWEEPS &
2,208 LF
13.13
28,991.04
100%
$28,991.04
540
3" SECONDARY POWER W/SWEEPS
2,371 LF
12.42
29,447.82
100%
$29,447,82
550
2" PHONE/CABLE W/SWEEPS &
13,104 LF
5.72
74,954.88
100%
$74,954.88
560
SECONDARY ELEC PEDS
24 EA
132.46
3,179.04
100%
$3,179.04
570
SINGLE PHASE VAULTS
9 EA
1,061.14
9,550.26
100%
$9,550.26
580
THREE PHASE VAULTS
3 EA
1,701.51
5,104.53
100%
$5,104.53
590
LIGHT TRENCH W SWEEP
564 LF
11.85
6,683.40
100%
$6,683.40
600
1 1/4" LIGHT CONDUIT W SWEEPS
2411 LF
1.74
4,195.14
100%
$4,195.14
610
LIGHT BASE
15 EA
939.01
14,085.15
100%
$14,085.15
620
6" GAS SLEEVE
87 LF
52.70
4,584.90
100%
$4,584.90
630
MOBILIZATION
1 LS
2,824.40
2,824.49
100%
$2,824.49
640
CURB & GUTTER
180 LF
16.48
2,966.40
100%
$2,966.40
650
SIDEWALK W/GRAVEL
996 SF
4.59
4,571.64
100%
$4,571.64
660
GRADE FOR PAVING
3,096 SF
0.25
774.00
100%
$774.00
670
4" OF ASPHALT - LOCAL
3,096 SF
2.27
7,027.92
100%
$7,027.92
680
REPLACE TOPSOIL
77 CY
14.00
1,078.00
100%
$1,078.00
690
HYDROSEEDING
1 LS
344.95
344.95
100%
$344.95
A
Jefferson Completion (C&G, SW & Asphalt)
1 LS
35,000.00
35,000.00
0%
$0.00
B
Parks (Turf, Irrigation and Paths)
1 LS
338,000.00
338,000.00
0%
$0.00
C
Modify Trail and ped crossing
1 LS
6,885.00
6,885.00
0%
$0.00
D
Trail design
1 LS
12,500.00
12,500.00
0%
$0.00
Totals
$ 5,180,500.00
85%
$ 4,393,138.31
Diff
$ 787,361.69
Bond
$ 984,202.12
Development Services
Department
2011st Avenue East
KAL[SPELL hKa I oneeEl, )75-794
Phone {406} 758-794f1
FINAL PLAT
Email: plannincl cakalislDeil.com Welasi#e: www.kalispell,com
Project Name Eagle Valley Ranch, Phase 2 & 3
Property Address NHN US Highway 93 N
NAME OF APPLICANT
Spartan Holdings, LLC
Applicant Phone
App I !cant Address 341 W Second St., Ste. 1
City, State, Zip San Bernardino, CA 92401
Applicant Email Address
If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application.
OWNER OF RECORD
same as applicant
Owner Phone
Owner Address
City, State, Zip
Owner Email Address
CONSULTANT (ARCH ITECTIENGINEER) Rory Young
Phone406.755.3208
Address
2250 Hwy 93 S
Zip City, State,
Kalispell, MT 59901
Email Address
ryoung@jackola.com
POINT OF CONTACT FOR REVIEW COMMENTS
same as consultant
Phone
Address
City, State, Zip
Email Address
List ALL owners (any individual or other entity with an ownership interest in the property):
Spartan Holdinqs, LLC
Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed):
Please initial here indicating that you have verified the description with the Flathead County Clerk and
c der and that the description provided is in a form acceptable to record at their office,
KALISPELL
1. Date of Preliminary Plat Approval February 3, 2020
Development Services
Department
201 1st Avenue East
Kalispell, MT 59901
Phone (4061758-7940
2. Type of Subdivision: Residential Industrial Commercial PUDRI Other
3. Total number of lots in Subdivision: 83
4. Land in Project (acres) 42.352 6. Cash -in -lieu $
S. Parkland (acres) 6.483 7. Exempt
8. Number of lots by type:
Single Family 67 Multi -Family
Commercial/industrial Mobile Home
14 RV Park
Townhouse (sublots) Other
INSTRUCTIONS FOR FINAL PLAT
1. 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. Blank statements
stating, for example, "all improvements are in place" are not acceptable,
2. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat.
3. Please verify the final plat with staff and submit to the county 509 committee prior to submitting mylars.
REQUIRED SUBMITTALS
Attached Not Applicable
Cover letter addressing preliminary plat conditions wl attachments
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 Improvement Agreement (Attach signed
original & collateral)
X
Parkland Cash -in -lieu (Check attached)
Water rights transfer
Copy of CCR`s
X
Plats (2 mylars & 1 electronic copy) - other attachments required per
appendix D of subdivision regulations
X
I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms,
documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge.
Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval
based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to
b ,present on the property for routine monitoring and inspection during the approval and development process.
r
Axplicant Signature Date
KALISPELL
APPLICATION PROCESS
(application must be received and
accepted by the Kalispell Planning
Department 30 days prior to the City
Council Meeting)
Application Contents:
Development Services
Department
gal 1st Avenue East
Kalispell, MT 59901
Phane (406) 759-7940
1. Completed application form & attachments
2. Electronic copy of the application materials submitted. Either
copied onto a disk or emailed to planning@kalispell.com (Please
note the maximum file size to email is 20MB)
3. Electronic copy of the .dwg files of the final plat
4. Application fee based on the schedule below, made payable to the City of Kalispell:
Minor Subdivision with approved preliminary plat $400 + $125 per lot
Major Subdivision with approved preliminary plat $800 + $125 per lot
Subdivisions with waiver of preliminary plat $800 + $125 per lot
Subdivision Improvement Agreement $50
Filing Fee Attached $ 11 1 175
Eagle Valley Ranch, Phase 2 & 3
Preliminary Plat Conditions Compliance Review
Conditions:
1. The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council.
Development of Eagle Valley Ranch, Phase 2 & 3 is largely in compliance with the approved
Preliminary Plat. The Final Plat (attachment P) and approved site plans (attachment N) show
compliance with this condition.
2. All provisions of Ordinance 1814 (Eagle Valley Ranch PUD) shall be complied with.
Development of Eagle Valley Ranch, Phase 2 & 3 is largely in compliance with the ordinance.
3. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
The Preliminary Plat was approved by the City of Kalispell on the 4th of February 2019.
Phase 1 of the Eagle Valley Ranch was platted on December 14, 2020 and within the three-year
expiration. This application is for Eagle Valley Ranch, Phase 2 & 3 and is being made well before
the phase expiration date of February 4, 2024. (attachment A)
4. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the
requirements of the current city standards for design and construction. Prior to final plat, a
certification shall be submitted to the public works department stating that the drainage
plan for the subdivision has been installed as designed and approved.
The plans and specifications for Eagle Valley Ranch, Phase 1-3 have been approved by the City
per attachment E, a letter from the Kalispell Public Works Department. A Subdivision
Improvements Agreement (SIA) is being submitted with the Final Plat to guarantee completion
of outstanding site improvements as the entire system construction is not complete. A copy of
the SIA can be found in attachment M along with a letter confirming that a bond will be
provided.
S. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Storm Water Discharge Associated with Construction Activities.
The Confirmation Letter from DEQ notifying the contractor of DEQ acceptance under the
General Permit is included as attachment K.
6. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
We have attached copies of the approvals received from the Montana Department of
Environmental Quality (attachment D) and the Kalispell Public Works Department (attachment
E) showing compliance with this condition.
7. The developer shall submit the street design to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for
design and construction.
The plans and specifications for the subdivision have been approved by the City per attachment
E, a letter from the Kalispell Public Works Department.
8. Prior to final plat, 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.
A Subdivision Improvements Agreement (SIA) is being submitted with the Final Plat to guarantee
completion of outstanding site improvements. A copy of the SIA can be found in attachment M.
9. The developer shall obtain an approach permit from the Montana Department of
Transportation (MDT) for approaches onto U.S. 93 North. If any improvements are
necessary at the intersection of the roadways, 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.
Approach permits from MDT are included. See attachment L.
10. Prior to final plat all mitigation required as part of the approved traffic impact study shall be
completed. All improvements shall be reviewed and approved by either the Public Works
Department or Montana Department of Transportation. A letter from the Kalispell Public
Works Department or Montana Department of Transportation shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell or State of Montana. If
infrastructure work has not been accepted, a letter stating that a proper bond has been
accepted for the unfinished work by the appropriate agency is required.
The TIS submitted with the PUD states that no mitigation is required by this development,
assuming that the Rose Crossing / US HWY 93 intersection has been improved as required by the
KNTC PUD. These intersection improvements are pending traffic warrants.
11. West Eagle Valley Drive shall be improved to city standards prior to final plat of Phase 2.
West Eagle Valley Drive will be constructed and is being bonded for per the attached Subdivision
Improvements Agreement in attachment M.
12. As part of final plat of Phase 1, the developer shall provide the City of Kalispell a 2 -acre
utility lot that is found to be acceptable by the Kalispell Public Works Director. Two sites
have been identified as a suitable location for the water storage facility; a site behind lots
106- 115 of this preliminary plat within the common area, and another site located on the
nob adjacent U. S. 93 North, north of Parcel A of COS 6557. The developer shall also provide
an easement for a water line extension to the proposed water utility site.
A utility lot was created adjacent to U.S Hwy 93 North per Certificate of Survey No. 21949 and
deeded to the City of Kalispell by warranty deed. (attachment F) .
13. A fire apparatus access road agreement, approved by the Kalispell Fire Chief, for the
secondary access road shall be completed prior to final plat of Phase 1.
The secondary access road has been approved by the Kalispell Fire Chief and constructed as part
of Phase 1. (attachment 1)
14. Lots 9- 12 shall not have access off of West Eagle Valley Drive.
A note is provided on page 2 of the final plat (attachment P) regarding the access restriction.
15. All existing and proposed easements shall be indicated on the face of the final plat. A letter
from the Kalispell Public Works Department shall be obtained stating that the required
easements are being shown on the final plat.
A letter from City of Kalispell Public Works Department is included. (attachment G)
16. 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."
The statement is shown on the Final Plat (attachment P).
17. 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.
The mail delivery site has been reviewed and approved by the Public Works Department per
attachment E and the US Postal Service per attachment K. The delivery site and improvements
were constructed as part of Phase 1.
18. A homeowner's association (FICA) shall be formed and established for the common areas
prior to final plat.
A copy of the CC&R's and FICA agreement provided by the owner is included in attachment
0.
19. A letter from the Kalispell Fire Department approving the access, placement of the fire
hydrants and fire flows within the subdivision shall be submitted prior to final plat.
Access, placement of fire hydrants and fire flows have been reviewed and approved by the
Kalispell Fire Department per attachment I.
20. A letter shall be obtained from the 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.
Landscaping within boulevards of streets serving the subdivision were approved per the plans
included in attachment N.
21. The developer shall provide the Parks and Recreation Department with a park
improvement plan prior to final plat of Phase 1 for the development, which shall include
provisions for the following:
• A minimum 10 -feet wide paved pedestrian trail shall be constructed along the
entire U.S. 93 frontage within the 100 -foot buffer. The trail shall be integrally
designed into the landscape plan required between the highway and the 100 -foot
buffer. The pathway shall be as linear as possible and shall not have any bollards
obstructing movement.
• All locations where park access is shown to the open space area shall include path
connections to the city right-of-way.
• Common area landscaping.
• Location and type of playground equipment, or equivalent recreational facility to be
used by residents of the development.
An overall plan for the subdivision park land has been submitted and approved by the Park &
Recreation Director. A copy is included in Appendix H.
22. A park maintenance district shall be formed incorporating all lots, commercial and
residential within the subdivision. This district shall only be activated in the event that the
property owners' association defaults on their park and open space amenity conditions. The
taxes levied within the maintenance district shall be determined by the Parks and
Recreation Department with approvals by the Kalispell City Council.
A Home Owners Association has been formed and appropriate CC&R's put in place.
A Waiver of Right to Protest the formation of a Parks Maintenance District is included on the
face of the plat. (attachment P)
23. A minimum of two- thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
An engineer's estimate of the current progress on the required improvements is included as
attachment M.
24. All utilities shall be installed underground.
All utilities will be installed underground per the approved site plans.
25. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
All areas disturbed during construction will be re -vegetated as indicated in the approved plans
and are being bonded for per attachment M.
Attachments:
A. Resolution Eagle valley Ranch, Phases 1-3 Preliminary Plat Approval.
B. Title Report (Guarantee #1585-200715)
C. Tax Certification
D. DEQApproval
E. Public Works Department Approval and MDT Approval
F. Public Work Utility Lot Approval
G. Public Works Department Easement Approval
H. Parks & Rec Approved Park Plan
I. Kalispell Fire Department Approval
J. USPS Approval
K. DEQ SWPPP approval
L. MDT Approach Permits
M. Subdivision Improvement Agreement & Engineers Estimate
N. Approved Site Plans
O. HOA & CC&R's
P. Final Plat
GUARANTEE
Issued by
Insured Titles
44 4th Street West/P- O- Box 188, Kalispell MT 59901
Title Officer Andrea Reum
Phone: (406)755-5028
FAX-- (406)755-3299
File No. 1054755-FT Cover Pa e
FS� PMERIfF
FirstAmerican Title"
Form 5010500 (7-1-14)
Guarantee Number: 501055-1054755
Guarantee Face Page
Issued By
FIRST AMERICAN TITLE INSURANCE COMPANY
FirstAmeriean TitleTM
First American Title Insurance Company
D"ris J. Ginwre. PreskWM
-,/� 0-c4J414A
Greg L Smith, Swmary
This jacket was created electronically and constitutes an original document
File No. 1054755-FT Page 2 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
2.
2.
Except to the extent that specific assurances are provided in
Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other
matters against the title, whether or not shown by the
public records.
(b) (1) Taxes or assessments of any taxing authority that
levies taxes or assessments on real property; or, (2)
Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether
or not the matters excluded under (1) or (2) are shown
by the records of the taxing authority or by the public
records.
(c) (1) Unpatented mining claims; (2) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (3) water rights, claims or title to water, whether
or not the matters excluded under (1), (2) or (3) are
shown by the public records.
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
DEFINITION OF TERMS.
The following terms when used in the Guarantee mean:
(a) the "Assured": the parry 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.
NOTICE OF CLAIM TO BE GIVEN BY ASSURED
CLAIMANT.
An Assured shall notify the Company promptly in writing in
case knowledge shall come to an Assured hereunder of any
claim of title or interest which is adverse to the title to the
estate or interest, as stated herein, and which might cause
loss or damage for which the Company may be liable by virtue
of this Guarantee. If prompt notice shall not be given to the
Company, then all liability of the Company shall terminate
with regard to the matter or matters for which prompt notice
is required; provided, however, that failure to notify the
Company shall in no case prejudice the rights of any Assured
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
File No. 1054755-FT Page 3 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
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 parry,
which reasonably pertain to the loss or damage. All
information designated as confidential by the Assured
provided to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim.
Failure of the Assured to submit for examination under oath,
produce other reasonably requested information or grant
permission to secure reasonably necessary information from
third parties as required in the above paragraph, unless
prohibited by law or governmental regulation, shall terminate
any liability of the Company under this Guarantee to the
Assured for that claim.
OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS:
TERMINATION OF LIABILITY.
In case of a claim under this Guarantee, the Company shall
have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or
to Purchase the Indebtedness.
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 prosection of any litigation for
which the Company has exercised its options under
Paragraph 4.
DETERMINATION AND EXTENT OF LIABILITY.
This Guarantee is a contract of Indemnity against actual
monetary loss or damage sustained or incurred by the
Assured claimant who has suffered loss or damage by reason
of reliance upon the assurances set forth in this Guarantee
and only to the extent herein described, and subject to the
File No. 1054755-FT Page 4 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
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.
B. 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 First American Title
Insurance Company, Attn: Claims National Intake
Center, 1 First American Way, Santa Ana, California
92707. Phone:888-632-1642.
File No. 1054755-FT Page 5 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
A w E R, Subdivision Guarantee
*} 7 f I tAmerican Title ISSUED BY
7;F �60 First American Title Insurance Company
GUARANTEE NUMBER
Guarantee 5010500-1054755-FT
Subdivision or Proposed Subdivision: Eagle Valley Ranch, Phases 2 & 3
Order No.: 1054755-FT
Reference No.: 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:
Jackola Engineering
FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION
REGULATIONS,
in a sum not exceeding $5,000.00.
THAT according to those public records which, under the recording laws of the State of Montana, impart
constructive notice of matters affecting the title to the lands described on the attached legal description:
A tract of land located in the North Half of the Southwest Quarter of Section 19, Township 29
North, Range 21 West, P.M.M., Flathead County, Montana and being more particularly
described as follows:
Commencing at the Northeast corner of the Northeast Quarter of the Southwest Quarter of
said Section 19; Thence S00042'34"E on and along the East line of the Northeast Quarter of
the Southwest Quarter of Section 19, a distance of 262.99 feet to the True Point of
Beginning;
Thence Continuing on said East line S00042'34"E, a distance of 475.38 feet to the Northeast
corner of Common Area 3 of the Plat of Eagle Valley Ranch, Phase 1 (records of Flathead
County, Montana); Thence on and along the boundary of said plat the following twelve (12)
courses:
1) S89017'26"W, 125.00 feet;
2) N00042'34"W, 25.38 feet;
3) S89017'26"W, 573.00 feet;
4) Along a curve to the left with center bearing S88002'41"W, having a radius of 460.00 feet
and a delta angle of 44006'14", an arc distance of 354.09 feet;
5) N03023'45"W, 7.32 feet;
6) S39034'44"W, 209.77 feet;
7) Along a curve to the right, having a radius of 360.00 feet and a delta angle of 31014'14",
an arc distance of 196.27 feet;
8) S00°00'57"E, 504.38 feet;
9) S89059'04"W, 377.54 feet;
10) N00°00'56"W, 484.23 feet;
11) S89056'38"W, 86.00 feet;
12) S00°00'56"E, 630.17 feet to a point on the North line of the South Half of the Southwest
File No. 1054755-FT Page 6 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
Quarter of Section 19;
Thence S89059'04"W on and along said North line, a distance of 956.26 feet to the Westerly
right-of-way of U.S. Highway No. 93 North;
Thence N00003'25"W on and along said right-of-way, a distance of 659.49 feet to the
Southwest corner of Parcel C of Certificate of Survey No. 9429 (records of Flathead County,
Montana); Thence on and along the boundary of said parcel the following two (2) courses:
N89056'38"E, 659.67 feet; N00°00'44"W, 310.22 feet;
Thence leaving said boundary N70028'11"E, a distance of 325.34 feet;
Thence N47026'21"E, a distance of 60.00 feet;
Thence along a curve to the left with center bearing N25015'51"E, having a radius of 240.00
feet and a delta angle of 22010'30", an arc distance of 58.93 feet;
Thence N25015'51"E, a distance of 110.00 feet;
Thence N27029'45"E, a distance of 176.36 feet to the Southwest corner of the Amended Plat
of Ponderosa (records of Flathead County Montana);
Thence N89057'38"E on and along the South boundary of said amended plat, a distance of
789.77 feet to the Northwest corner of Utility Lot 1 of Eagle Valley Ranch, Phase 1; Thence
on and along the boundaries of said Utility Lot 1 the following four (4) courses:
1) S00042'34"E, 159.31 feet;
2) N89017'26"E, 515.25 feet;
4) S00042'34"E, 110.00 feet;
5) N89017'26"E, a distance of 25.00 feet to the Point of Beginning.
The above described tracts of land are to be known ad designated as Eagle Valley Ranch,
Phases 2 & 3.
(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:
Spartan Holdings, LLC and First Interstate Bank
(B) Parties holding liens or encumbrances on the title to said lands are:
1. Mortgage dated April 6, 2020, to secure an original indebtedness of $2,200,000.00, and any other
amounts and/or obligations secured thereby.
Recorded: April 13, 2020, as Instrument No. 2020-000-09314
Mortgagor: Spartan Holdings LLC
Mortgagee: First Interstate Bank
Modification Agreement increasing Loan Amount to $2,690,000.00 recorded November 9, 2020, as
Doc. No. 2020-000-37757.
Mortgage dated November 4, 2020, to secure an original indebtedness of $630,000.00, and any other
amounts and/or obligations secured thereby.
Recorded: November 12, 2020, as Instrument No. 2020-000-38053
Mortgagor: Spartan Holdings LLC
Mortgagee: First Interstate Bank
Modification Agreement recorded January 11, 2022, as Doc. No. 2022-000-00922.
File No. 1054755-FT Page 7 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
3. Mortgage dated January 6, 2022, to secure an original indebtedness of $4,285,000.00, and any other
amounts and/or obligations secured thereby.
Recorded: January 12, 2022, as Instrument No. 2022-000-00970
Mortgagor: Spartan Holdings LLC
Mortgagee: First Interstate Bank
(C) Easements, claims of easements and restriction agreements of record are:
4. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the
Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of
the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on
County Surveyor's maps on file in the office of the County Surveyor of Flathead County.
2022 taxes and special assessments are an accruing 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 First Half / Status Second Half / Status Parcel Number
Covers
2021 $1475.91 PAID $1475.89 PAID 0720651
Subject Land
2021 $1464.93 PAID $1464.90 PAID 0721612
Subject Land
2021 $1539.92 PAID $1539.89 PAID 0973191
Subject Land
and other
Property
6. Terms and conditions in easement for the purposes of conveyance of water, installation,
construction, maintenance and repair of a water system and for the purpose of ingress and egress
certain properties, recorded January 21, 1985, as Doc. No. 1985-021-10130.
7. Easement for pipeline granted to The Montana Power Company, recorded November 1, 1989 as
Instrument No. 89-305-11500.
8. Resolution for Designation of Limited Access Highway recorded December 6, 1989, as Instrument No.
89-340-09150.
9. Resolution No. 837A for Highway 93 North Zoning District recorded April 27, 1992, as Instrument No.
92-118-12020.
10. Terms and conditions contained in Bargain and Sale Deed recorded July 23, 1996, as Doc. No. 96-
205-10010.
11. Easement for an electric transmission and distribution line granted to Flathead Electric Cooperative,
Inc., recorded September 17, 1996 as Instrument No. 96-261-11420.
12. Easement for an electric transmission and distribution line granted to Flathead Electric Cooperative,
Inc., recorded May 22, 2001 as Instrument No. 2001-142-10350.
13. Easement for an electric transmission and distribution line granted to Flathead Power Co.,
recorded April 8, 2002 as Instrument No. 2002-098-09340.
File No. 1054755-FT Page 8 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
14. Resolution No. 5129B, regarding the Highway 93 North Growth Policy Amendment, recorded August
11, 2006, as Doc. No. 2006-223-08320
15. Resolution No. 5208, regarding the Alteration of the Boundaries of the City of Kalispell, recorded July
9, 2007, as Doc. No. 2007-000-20381.
16. Petition to Annex and Notice of Withdrawal from Rural Fire District, recorded July 9, 2007, as Doc.
No. 2007-000-20382.
17. Ordinance No. 1651, regarding a Zoning Ordinance, recorded December 18, 2008, as Doc. No. 2008-
000-33996.
18. Ordinance No. 1814, regarding a zoning change, recorded December 19, 2018, as Doc. No. 2018-
000-30355.
19. Covenants, Conditions and Restrictions recorded as Doc. No. 2020-000-41980, but omitting any
covenant, condition or restriction based on race, color, religion, sex, handicap, familial status, or
national origin to the extent that such covenants, conditions or restrictions violate 42 USC 3604(c).
Bylaws related to above covenants recorded February 10, 2021, as Doc. No. 2021-000-04948.
Assignment of Declarant Rights along with adjacent land being burdened by the above covenants
recorded April 7, 2021, as Doc. No. 2021-000-12124.
20. Reservation of easement contained in Deed recorded September 17, 1997, as Doc. No. 1997-260-
09550. (Affects a portion of premises)
21. Easement for an electric transmission line granted to Flathead Electric Cooperative, Inc.,
recorded March 8, 2001 as Doc. No. 2001-067-08050.
22. Easement Agreement upon the terms, conditions and provisions contained therein:
Parties: Glacier LSC, LLC and Heavy Metal, LLC
Recorded: April 26, 2017, as Doc. No. 2017-000-08293
23. Easement Agreement upon the terms, conditions and provisions contained therein:
Parties: High Plains Development, LLC and Heavy Metal LLC
Recorded: July 31, 2017, as Doc. No. 2017-000-17815
24. Covenants, Conditions and Restrictions recorded as Instrument No. 2018-000-11948, but omitting
any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status, or
national origin to the extent that such covenants, conditions or restrictions violate 42 USC 3604(c).
25. 60 foot private road and utility easement as shown on Certificate of Survey No. 4491, 8594 and
8673, and granted in Quitclaim Deed recorded March 6, 2003, as Doc. No. 2003-065-14240.
26. Easement for private road and utility over the Southerly 30 feet of GL3 for the benefit of The State of
Montana, Dept. of Military Affairs (E1/2 GL4) as depicted on Certificate of Survey No. 8594, recorded
October 6, 1986 as Doc. No. 86-279-14280.
27. Easement for electric transmission and distribution line granted to Flathead Electric Cooperative,
Inc., recorded May 16, 1988, as Doc. No. 88-137-08340.
28. Easement for gas pipeline and appurtenance granted to The Montana Power Company recorded
November 1, 1989 as Doc. No. 89-305-11280.
File No. 1054755-FT Page 9 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations
Form 5010500 7-1-14
29. Condemnation by the State of Montana for construction, operation and maintenance of state highway
and of light, view and air, Case No. DV-92-197B, recorded January 11, 1996, as Instrument No. 96-
011-10250.
30. A reservation of an easement over the portion of said land and for the purposes stated herein, and
incidental purposes,
IN FAVOR OF: Regional Enterprises, Inc.
FOR : a non-exclusive easement for ingress, egress and utility purposes
RECORDED : September 17, 1997, as Doc. No. 1997-260-09550
31. Resolution No. 5667 regarding the Annexation, recorded April 8, 2014, as Doc. No. 2014-000-05985.
32. Petition to Annex and Notice of Withdrawal from Rural Fire District, recorded April 8, 2014, as Doc.
No. 2014-000-05986.
33. Agreement and Covenants, Conditions and Restrictions recorded as Doc. No. 2021-000-16033, but
omitting any covenant, condition or restriction based on race, color, religion, sex, handicap, familial
status, or national origin to the extent that such covenants, conditions or restrictions violate 42 USC
3604(c).
Date of Guarantee: June 30, 2022 at 7:30 A.M.
Insured Titles
By:
Authorized Countersignature
File No. 1054755-FT Page 10 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations
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"This plat is provided solely for the
pose of assisting in locating the Tana
I the Company assumes no liability
variations, if any, with actual survey."
WIRED TITLES
2D
CONSENT TO PLAT
We, the undersigned, FIRST INTERSTATE BANK, do hereby consent to
the platting of the real property described as "Eagle Valley Ranch,
Phase 2-3", attached hereto, and by this reference made 'a part hereof.
FIRST INTERSTATE BANK
BY--�-- —-----------
P
Keith Clawson Commercial Relationship Manager
Print Name and Title
State of Montana
SS
County of Flathead }
On this day of �lU_S_}----------- 2022, before me, the
undersigned a Notary Public for the State of"Montahi, personally
appeared _�gi � �OZ,and known to me to
be the___Nl________________ of FIRST INTERSTATE BANK and who
subscribed his/her name to the within insfrument.-arid acknowledged to
me that fie/she executed the same for said Corporation.
KELSEY.TURNER
NAR s,� NOTARY PUBLICIor the — —=—---------------
p Statealbtontans Notary ublic for the State of Montana
• SEAL ' Residing:at Kalispell, Montana
OFMo my Commission Expires
May 17, 2023
Plat Room
Flathead County, Montana
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY: Jackola
FOR : Spartan Holdings LLC DATE: 7/19/2022
DESCP : Eagle Valley Ranch PH 2 & 3 PURPOSE: Subdivision
19-29-21
YEARS
2019 thru 2021
2019 thru 2021
ASSESSOR #
0721612
0973191
0720651
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above, for the years indicated for
each assessor number.
-JUL z 6 2022 Deputy Treasurer
(seal)
A _�
UNITED STATES
iU POSTAL SERVICE
Dan Thomson
Project Manager
120 Looking East Dr.
Somers, MT 59932 August 7, 2022
Subject: Eagle Valley Ranch Subdivision Phase 2 and 3
Dan -
I have reviewed the plat map for the Legacy Ranch Phase 2-3 Subdivision
The CBU Unit will be installed prior to the residents moving into their homes. USPS will input the
addresses for this project into the AMS system once the address are received by the USPS from the
Developer and for GIS Flathead count.
USPS will NOT retain individual keys for the project and hand out to the new residence will be the
responsibility of the leasing association. The USPS will retain ALL Parcel locker keys and will replace
them when broken or lost keys. The Leasing association will be charged a fee for lock replacement for
residents that have lost their keys.
(Please bring in keys for the parcel lockers to the front desk with the correct box numbers so that the USPS
can niake a ntatrir for this development and put the developo:ent on the bags of keys)
Developer and or HOA will be responsible for the maintenance and replacement of CBU and Parcel
locker if destroyed or stolen.
This is a condition of my approval so that the customers have a secure Mode of Delivery and will be able
to receive mail, parcels and to be added to the Automated Mail System (AMS) that the USPS provides
this for address conformation for Local, City, State and Federal Mandates.
Consider this letter as approval of the site for US Postal Service Delivery
Respectful
Larry A. Golie
r Postmaster
350 N. Meridian RD
Kalispell, MT 59901-9998
�v406-257-9796
MLawrence.A.Golie@USPS.GOV
FCA Flathead Station
UN TED STATES
POSTAL SERV
. t
+a�• •a�"
"Efficiency is doing things right, Effectiveness is doing the right things. " - Peter Drucker
October 14, 2019
Jeff Walla, PE Developer:
Jackola Engineering and Architecture Nick Coussoulis
PO Box 1134 341 West 2nd Street — Suite 1
Kalispell, MT 59903 San Bernadino, CA
RE: Eagle Valley Ranch Subdivision, Phase 1-3 — Engineering Approval
Dear Mr. Walla,
The information submitted August 9uh and 21St for the above project are hereby approved. Three reviews
were done at a cost of $180 each. Please submit the review fee of $540 to the Public Works front desk.
The following deviation request were made and are approved only for this project. Several site and
project specific factors were taken into consideration before granting these deviations. The same
deviations may not be approved for future projects.
• Request to deviate from the recommendations of the Kalispell Water Facility Plan Update for
residential fire flows in phase 1.
• Request to deviate from the recommendations of the Kalispell Water Facility Plan Update for
commercial fire flows in phases 2 and 3.
• Request to deviate from standard 6.1.6.A to allow a sanitary sewer main outside of the paved
portion of a street or alley.
• Request to deviate from BMP Design manual recommendations (City of Kalispell Requirements
per 7.1.4.A) to allow Geoterra mats to be installed in the pretreatment forebays.
• Request to deviate from standard 5.1.2.B.V to allow water mains with a bury depth greater than 8
feet.
Sewer modeling indicates that full buildout of all current and previous projects upstream of Lift Station
36 will exceed the lift station's capacity. This information has been transmitted to Jackola Engineering
and the Developer. However, sewer flows are not anticipated to exceed the capacity of Lift Station 36
prior to planned future upgrades. Allocations of sewer capacity as approved by the MFE process will
expire with the preliminaryplat of applicable phases per current city policy.
Per Design and Construction Standards Section 3.2.4.C, the developer of the project shall, "Employ
a Professional Engineer to verify compliance with minimum construction standards through
construction of all proposed CK infrastructure within the development."
Approval does not relieve you, nor the contractor from designing or constructing this project in
accordance with the City Standards currently in effect. If more than 18 months lapse before completing
construction, plans and specifications must be resubmitted and approved before construction continues.
Any modifications made to these approved plans shall be submitted for review prior to construction.
This approval is for the Public Works Department only and does not necessitate full City approval. If
additional approvals from other City Departments are required they should continue to be pursued.
Please contact Mark Crowley at (406) 249-2485 to set up a pre -construction meeting prior to beginning
construction. A Right -of -Way and Stormwater permit must be obtained by the prime contractor for
this project. At project completion, please provide the City with record drawings and data in accordance
with Section 1.6 of the Design and Construction Standards.
We look forward to working with you on this project.
Sincerely,
r
Patrick Jentz, PE
Engineer 2
cc: Keith Haskins PE, City Engineer
Emily Gillespie PE, MDEQ
Mark Crowley, Construction Manager
2011' Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406)758-7720 — Fax (406)758-7831
www kalispelLcom
CITY OF
KALISPELL
September 21, 2022
Rory Young, PE
Projects Officer
Jackola
2250 Hwy 93 S
Kalispell, MT 59901
Re: Final Plat Conditions Eagle Valley Ranch — Phases 2 & 3
Dear Mr. Young,
The purpose of this letter is to address the Public Works related conditions required prior to Final
Plat as referenced in the Resolution No. 5909. The following conditions appear to be applicable
to the Final Plat of this lot and are addressed below:
Condition 4: The developer shall submit to the Kalispell Public Works Department for review
and approval a storm water report and an engineered drainage plan that meets the requirements
of the current city standards for design and construction. Prior to final plat, a certification shall
be submitted to the public works department stating that the drainage plan for the subdivision
has been installed as designed and approved.
Eagle Valley Ranch Phases 1-3 were originally approved on 10/14/19. Phase 1 was completed,
but phases 2 & 3 were not completed within 18 months as required by City Standards. Therefore,
phases 2 & 3 were reviewed again in accordance with City Standards and reapproved on
10/22/21. Condition 4 of the preliminary plat conditions shall hereby be considered
satisfied.
Condition 5: The developer shall submit to the Kalispell Public Works Department prior to
construction an erosion/sediment control plan for review and approval and a copy of all
documents submitted to Montana Department of Environmental Quality for the General Permit
for Stormwater Discharge Associated with Construction Activities.
Construction Stormwater Permit SW20-0001 was issued on 01/13/20 and has remained open
throughout Phases 1 — 3. A Notice of Termination (NOT) will be required to be submitted to close
the permit once the site has been properly stabilized. Condition 5 of the preliminary plat
conditions is hereby considered satisfied.
201 1' Avenue E IPhone (406)758-7720
PO Box 1997 Public Works Department Fax (406)758-7831
Kalispell, MT 59903 1 www.kalispell.com
Condition 6: The developer shall submit water and sanitary sewer plans, applicable
specifications, and design reports to the Kalispell Public Works Department and the Montana
Department of Environmental Quality for concurrent review, with approval of both required prior
to construction.
As previously stated in regards to Condition 4, the City of Kalispell approved plans for phases 1
through 3 on 10/14/19 and again after approval expiration for Phases 2 & 3 on 10/22/21. MDEQ
approval for Phases 2 and 3 was received om 9/15/22. Condition 6 of the preliminary plat
conditions shall hereby be considered satisfied.
Condition 7: The developer shall submit the street design to the Kalispell Public Works
Department for review and approval prior to construction. Street designs shall meet the city
standards for design and construction.
The City of Kalispell approved plans for phases 1 — 3 on 10/14/19 and again after approval
expiration for Phases 2 & 3 on 10/22/21. Condition 7 of the preliminary plat conditions shall
hereby be considered satisfied.
Condition 8: Prior to final plat, 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.
Certifications from the engineer of record have been received for the utilities installed. Most of the
roadway improvements have been made. Remaining city infrastructure improvements have been
covered by a proper bond based on a stamped Engineer's Estimate of remaining work. Condition
8 of the preliminary plat conditions shall hereby be considered satisfied.
Condition 10: Prior to final plat all mitigation required as part of the approved traffic impact
study shall be completed. All improvements shall be reviewed and approved by either the Public
Works Department of Montana Department of Transportation. A letter from the Kalispell Public
Works Department or Montana Department of Transportation shall be submitted statin that all
new infrastructure has been accepted by the City ofKalispell or State of Montana. Ifinfrastructure
work has not been accepted, a letter stating that a proper bond has been accepted for the
unfinished work by the appropriate agency is required.
A 3/4 movement intersection was constructed as approved by MDT as part of these two phases.
An offsite improvement for the installation of a traffic signal at the intersection of Rose Crossing
and Hwy 93 has been approved by MDT and is scheduled to be installed within the coming months.
With these improvements in place, the findings of the TIS are satisfied. Therefore, Condition 10
of the preliminary plat conditions shall hereby be considered satisfied.
Condition 11: West Eagle Valley Drive shall be improved to city standards prior the final plat of
Phase 2.
Eagle Valley Drive has been constructed as part of the work for Phases 2 and 3. Condition 11 of
the preliminary plat conditions shall hereby be considered satisfied.
Page 2 of 3
Condition 12: As part offznal plat of Phase 1, the developer shall provide the City of Kalispell a
2-acre utility lot that is found to be acceptable by the Kalispell Public Works Director. Two sites
have been identified as a suitable location for the water storage facility; a site behind lots 106-
115 of this preliminary plat with the common area, and another site located on the nob adjacent
U.S. 93 North, north of Parcel A of COS 6557. The developer shall also provide an easement for
a water line extension to the proposed water utility site.
Condition 12 is in regard to Phase 1 final plat. At the time of submittal of Phase 1, the two -acre
utility lot for this purpose was provided behind lots 106-115 and the plat included a reversionary
clause that allowed the lot to go back to the developer in the event that the other suitable lot
identified in this condition was transferred to the City. The developer chose to provide the other
lot along Hwy 93 and the original utility lot has been transferred back to the owner. However,
please note, an easement for a water line extension to the alternative water utility site has
never been provided. This condition was included in this letter for discussion only and is not
required for final plat of Phases 2 and 3.
Condition 14: Lots 9-12 shall not have access off of West Eagle Valley Drive.
All access to Lots 9-12 has been provided off of other roadways fronting these lots. Condition 14
of the preliminary plat conditions shall hereby be considered satisfied.
Condition 15: All existing and proposed easements shall be indicated on the face of the final plat.
A letter from the Kalispell Public Works Department shall be obtained stating that the required
easements are being shown on the final plat.
A letter accepting the easements for Phases 2 & 3 was provided to Bob Erikson on 7/11/22.
Condition 15 of the preliminary plat conditions shall hereby be considered satisfied.
Sincerely,
Keith Haskins, PE
Deputy Public Works Director / City Engineer
CC: PJ Sorenson, Esq. — Senior Planner
Page 3 of 3
Montana Department QAmftbh.
of Environmental Quality
March 17, 2022
Rory Young PE
Jackola Engineering & Architecture
PO Box 1134
Kalispell MT 59903
RE: Eagle Valley Ranch Phase 2
Municipal Facilities Exclusion
EQ# 22-1811
City of Kalispell
Falthead County
Dear Mr. Young;
This is to certify that the information and fees received by the Department of Environmental Quality relating to
this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(1)(d), MCA, this subdivision is not
subject to review, and the Declaration can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed 76-4-131. Construction of water or sewer extensions prior to DEQ, Public Water
Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title
76, Chapter 4.
Eagle Valley Ranch Phase 2 Municipal Facilities Exclusion will consist of 67 Single Family Lots, 4 Multi -Family Lots
with 36 Dwelling per Lot and 2 Commicial Buisness Lots.
Sincerely,
Margarite Jf(arez Thomas
Section:. Supervisor
Engineering Bureau
Department of Environmental Quality
(406) 755-8956
Email MJuarez'f'homas@mt.gov
cc: City Engineer
County Sanitarian
Owner
file
Greg Gianforte, Governor I Chris Dorrington, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov
Montana Department QA4MWAhI,..
of Environmental Quality
March 17, 2022
Rory Young PE
Jackola Engineering & Architecture
PO Box 1134
Kalispell MT 59903
RE: Eagle Valley Ranch Phase 3
Municipal Facilities Exclusion
EQ# 22-1812
City of Kalispell
Falthead County
Dear Mr. Young PE;
This is to certify that the information and fees received by the Department of Environmental Quality relating to
this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(1)(d), MCA, this subdivision is not
subject to review, and the Declaration can be filed with the county clerk and recorder.
Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or
disposal of sewage are proposed 76-4-131. Construction of water or sewer extensions prior to DEQ, Public Water
Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title
76, Chapter 4.
Eagle Valley Ranch Phase 3 Municipal Facilities Exclusion will consist of 8 Commercial Business Lots.
Sincerely,
Margarite Juarkz Thomas
Section. Supervisor
Engineering Bureau
Department of Environmental Quality
(406) 755-8956
Email MJuarezThomasgmt. gov
cc: City Engineer.
County Sanitarian
Owner
file
Greg Gianforte, Governor I Chris Dorrington, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov
Montana Department Qam,
of Environmental Quality
September 15, 2022
Rory Young, PE
Jackola Engineering
2250 Highway 93 South
Kalispell, MT 59901
RE: Eagle Valley Ranch Subdivision Phases 2 and 3 Water and Sewer Main Extensions; EQ#23-1300
Dear Mr. Young:
The design report, certified checklist, plans, specifications and supporting information for the above -
mentioned project were reviewed in accordance with Department of Environmental Quality Design
Standards using the abbreviated checklist review process. Plans and specifications for above -mentioned
project are hereby approved. One copy of the plans and specifications bearing the approval stamp of the
Department of Environmental Quality is enclosed. A second set will be retained for Department record.
The third set will be provided to the County Health Department.
Approval is given with the understanding that any deviation from the approved plans and specifications
will be submitted to the Department for review and approval. The project may not be placed into service
until the project engineer or designer certifies by letter to the Department that the activated portion of the
project was constructed in substantial accordance with the plans and specifications approved by the
Department and there are no deviations from the design standards other than those previously approved by
the department. Within 90 days after the completion of construction, a complete set of certified "as -built"
drawings must be signed and submitted to the Department. It is further understood that construction of this
project must be completed within three years of this approval date. If more than three years elapse before
completing construction, plans and specifications must be resubmitted and approved before construction
begins.
Department approval of this project covers only those portions of the plans and specifications that are
subject to the Department's review authority under the Public Water Supply Laws (MCA 75-6) and the
Administrative Rules promulgated thereunder (ARM 17.38). This approval does not cover items found
within the plans and specifications that are outside of the Department's review authority, including but not
limited to, electrical work, architecture, site grading or water and sewer service connections. Thank you
for your efforts regarding this submittal. If you have any further questions or concerns, please feel free to
contact me at (406) 444-1277 or rachel.clark2@mt. ov.
Sincerely,
�'�
Rachel Clark, PE
Bureau Chief
Engineering Bureau
cc: County Health Department
File: EQ#23-1300
Greg Gianforte. Governor I Chris Dorrington, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov
MDI*
MDT-MAI-006 11 /13
Page 1 of 2
State of Montana
Montana Department of Transportation
Driveway Approach Application and Permit
APPLICANT (PROPERTY •
Name Phone\Fax Number
Spartan Holdings, LLC 909-381-0868
2701 Prospect Avenue
PO Box 201001
Helena, MT 59620-1001
Phone: (406) 444-7237
Fax (406) 444-0807
TrY: (406) 444-7696
www.mdt.mt.aov
Address City State Zip Code E-mail
341 W Second Street, Ste 1 San Bernardi CA 92401 joeccharger@yahoo.com
herein termed the applicant, requests permission to construct approach(es) described and shown on attached site plan or plan and profile and
hereby made a part of this application
Use of Property or Facility: Other (Specify ->) Single-family, multi -family and mixed use prof.
2701 Prospect Avenue
State of Montana PO Box201001
mb7* Helena, MT 59620-1001
Montana Department of Transportation Phone: (406) 444-7237
MDT-MAI-006 11/13 Fax (406) 444-0807
Page 2of2 Driveway Approach Application and Permit TTY: (406) 444-7696
www.mdt mt.gov
(INSTRUCTIONS CONCERNING USE OF THIS FORM)
Applicant will complete and deliver this form in duplicate to the District Administrator serving the area in which the Approach Permit is requested.
The District Administrator, in conjunction with the District Traffic Engineer, is delegated authority to approve curb cuts, public and private approaches serving businesses,
residences and agricultural uses in rural or urban areas without further consultation if the traffic conditions are not congested. In congested areas, usually urban situations,
the District Administrator and District Traffic Engineer can request the Traffic and Safety Engineer in Helena for additional technical assistance. If this is necessary, the
approach should be scaled onto existing plan and profile sheets showing the highway right-of-way and sent to Helena.
- APPROACH PERMIT -
Subject to the following terms and conditions, the permit applied for upon the reverse side hereof, is hereby granted:
1) TERM. This permit shall be in full force and effect from the date hereof until revoked as herein provided,
2) REVOCATION. This permit may be revoked by State upon giving thirty 30 days notice to Permittee by ordinary mail, directed to the address shown in the
application hereto attached, but the State reserves the right to revoke this permit without giving said notice in the event Permittee breaks any of the conditions
or terms set forth herein.
3) COMMENCEMENT OF WORK. No work shall be commenced until Permittee notifies the Department of Transportation when work is proposed to commence.
4) CHANGES IN HIGHWAY. If the State changes the highway, or there are other changes to adjoining streets, alleys, etc., which necessitate alterations in structures
or installations installed under this permit, Permittee shall make the necessary alterations at Permittee's sole expense or in accordance with a separate
agreement.
5) STATE SAVED HARMLESS FROM CLAIMS. In accepting this permit the Permittee, its/his successors or assigns, agree to protect the State and save it harmless from
all claims, actions or damage of every kind and description which may accrue to, or be suffered by, any person or persons, corporations or property by reason of
the performance of any such work, character of materials used, or manner of Installations, maintenance and operation, or by the improper occupancy of said
highway right of way, and in case any suit or action is brought against the State and arising out of, or by reason of, any of the above causes, the Permittee, its/his
successors or assigns, will upon notice to it/him of the commencement of such action, defend the same at Its/his sole cost and expense and satisfy anyjudgment
which may be rendered against the State in any such suit or action.
6) PROTECTION OF TRAFFIC. Submit a traffic control plan for review and approval prior to any work being performed in MDT Right -of -Way. Traffic control must
meet current MUTCD and MDT standards and guidance. The approval shall in no way operate to relieve or discharge the Permittee from any of the obligations
assumed by acceptance of this permit, and especially those set forth under Section 6 thereof.
7) HIGHWAY DRAINAGE. If the work done under this permit interferes in any way with the drainage of the State Highway affected, Permittee shall, at its/his own
expense, make such provisions as the State may direct to take care of said drainage.
8) RUBBISH AND DEBRIS. Permittee Is responsible for debris that is carried onto the roadway by this construction with sweeping and cleaning done daily at
permittee's expense. Upon completion of work contemplated under this permit, all rubbish and debris shall be immediately removed and the roadway and the
roadside left in a neat and presentable condition satisfactory to the State.
9) WORK TO BE SUPERVISED BY STATE, All work contemplated under this permit shall be done under the supervision of and to the satisfaction of the authorized
representative of the State, and the State hereby reserves the right to order the change of location or removal of any structure or installation authorized by this
permit at any time, said changes or removal to be made at the sole expense of the permittee,
10) STATE'S RIGHT NOT TO BE INTERFERED WITH. All such changes, reconstructing or relocation shall be done by Permittee, in such a manner as will cause the least
interference with any of the State's work, and the State shall in no be liable for any damage to the Permittee by reason of any such work by the State, its
agents, contractors or representatives, or by the exercise of any rights by the State upon the highways by the installations or structures placed under this permit.
11) REMOVAL OF INSTALLATIONS OR STRUCTURES. Unless waived by the State, upon termination of this permit, the Permittee shall remove the installations or
structures contemplated by this permit and restore the premises to the condition existing at the time of entering upon the same under this permit, reasonable
and ordinary wear and tear and damage by the elements, or by circumstances over which the Permittee has no control, excepted.
12) MAINTENANCE AT EXPENSE OF PERMITTEE. Permittee shall maintain, at Its/his sole expense the installations and structures for which this permit is granted, in a
condition satisfactory to the State.
13) STATE NOT LIABLE FOR DAMAGE TO INSTALLATIONS. In accepting this permit the Permittee agrees that any damage or injury done to said installations or
structures by a contractor working for the State, or by any State employee engaged in construction, alteration, repair, maintenance or improvement of the State
Highway, shall be at the sole expense of the Permittee.
14) STATE TO BE REIMBURSED FOR REPAIRING ROADWAY, Upon being billed therefor Permittee agrees to promptly reimburse State for any expense incurred in
repairing surface or roadway due to settlement at installation, or for any other damage to roadway as a result of the work performed under this permit.
15) OTHER CONDITIONS AND/OR REMARKS.
a. All approach side slopes will preferably be constructed on 10 to 1 slope but not less than 6 to 1 slope, unless otherwise approved.
b. No private signs or devices etc., will be constructed or installed within the highway right-of-way limits.
C. This permit is valid only if approach construction is completed within specified months from date of issue. Months
d. Prior to Starting work, for construction Inspection and approval of completed approach contact
e. r See attached addendum
Dated at. ����� Agreement Date �wl�
The undersigned, the "Permittee" mentioned In the aforegoing
instrument, hereby accepts this permit, together with all of the terms
and conditions set forth therein.
To be filled in by Department of Transportation Personnel
Completed Approach Inspection By: Date
Title:
Standard MDT Permit Conditions
Approval is contingent upon the applicant complying with all applicable environmental laws.
The applicant is solely responsible for any environmental impacts incurred as a result of this
project and is solely responsible for obtaining any necessary environmental permits,
notifications, and/or any other necessary environmental clearances.
If any aquatic resources such as streams, wetlands, canals, irrigation ditches, springs, etc. will
be impacted as a result of this project, the appropriate water quality permits will need to be
obtained from state, federal and/or local agencies.
The applicant must obtain approvals from downstream landowners if their proposed actions
impact downstream properties (easements, etc.) and provide documentation of appropriate
coordination with affected landowners.
Any damage done to MDT facilities or adjacent landowners as a result of the applicant's design
or construction is the sole responsibility of the applicant and MDT will not be liable for damages
The permit, along with all conditions and restrictions, will be transferred to any subsequent
parties. It is the responsibility of the applicant or their successor to notify MDT of any ownership
changes within two weeks of the change.
If any deviation(s) from the MDT -approved plans is determined necessary at the time of
construction due to unforeseen obstacles, the deviation(s) must be approved by MDT in writing
before installation begins.
Any work performed before MDT review and approval that requires permitting is subject to
removal by the applicant at their sole expense if MDT design standards and/or guidelines are
not met.
The applicant will submit a traffic control plan to the District office for approval before entering
MDT right of way for construction.
The applicant must coordinate their project with any MDT projects in the area.
MDT design reviews are meant to ensure compatibility with existing facilities and design
standards and guidelines. The applicant is responsible for all survey and plan errors and/or
omissions that impact the constructability or intended design function of the project.
The applicant must provide full time construction inspection and certification for any work done
within MDT right-of-way. Upon completion of the project, or at any time upon request from
MDT, the applicant must provide all construction inspection reports. The MDT District Office
may assign staff to provide construction inspection oversight at their discretion.
The applicant will provide "as-builts" to MDT Planning within 30 days after construction
company, contractor, or work crew have demobilized from the work zone.
D E
Montana Department
of Environmental Quality
January 13, 2020
Jeff Claridge
Eagle Valley Ranch
LHC INC
Po Box 7338
Kalispell, MT 59904
RE: Confirmation Letter, Notice of Intent (NOI) MTR108196
Eagle Valley Ranch
Dear Jeff Claridge:
The Department of Environmental Quality (DEQ) acknowledges the receipt of your complete application
package (NOI and SWPPP) to discharge under the January 01, 2018, General Permit for Storm Water
Discharges Associated with Construction Activity (SWC-GP) on 1/14/2020. Your authorization number under
the SWC-GP is MTR108196. Please include this number on any correspondence with DEQ regarding this site.
This letter confirms only that a complete NOI has been received. DEQ does not assess the validity of the
information you provided other than project location as it relates to sage grouse habitat. Your signature on the
NOI certifies that you have read, understand, and are implementing all applicable requirements.
Specifically, the SWC-GP:
• Requires implementation of a Storm Water Pollution Prevention Plan (SWPPP),
• Defines the inspection process, and
• Defines record keeping requirements (refer to Part 2.5 of the General Permit).
The SWC-GP and additional guidance materials can be viewed and downloaded from out FACTS page at
http://deq.mt.gov/Public/FACTS or the MT DEQ website at
http://deq.mt.gov/Water/StorrnWater/StorrnSystems.
Authorization under the SWC-GP remains in effect until you submit a complete Notice of Termination (NOT).
Your signature on the NOT certifies that you have achieved final stabilization, removed your temporary Best
Management Practices, and have paid all applicable fees. All effective authorizations are assessed annual fees
each calendar year until a complete NOT is received.
Coverage under the SWC-GP does not waive your obligation to obtain coverage under other applicable permits.
If you have questions regarding SWC-GP requirements, please contact the Water Protection Bureau at (406)
444-3080.
Sincerely,
�6d-
Abbie Ebert
Data Control Specialist
KALISPELL FIRE DEPARTMENT
Dave Dedman — Fire Chief Po Box 1997
Jon Campbell — Assistant Fire Chief ,. 312 First Avenue East
Cec Lee —Executive Secretary KALISPELL Kalispell, Montana 59901
Phone: (406) 758-7760
FAX: (406) 758-7777
Thursday, April 16, 2020
Rory Young
Jackola Engineering
2250 U.S. Hwy 93 South
Kalispell MT 59901
Re: EVR fire access road
Rory,
Please find this letter as my approval for the EVR fire department secondary access. The access as
presented will meet the intent of Preliminary Plat condition 19: "A letter from the Kalispell Fire
Department approving the access, placement of the fire hydrants and fire flows within the
subdivision shall be submitted prior to final plat." And also the condition of Preliminary Plat
condition: "A fire apparatus access road agreement, approved by the Kalispell Fire Chief, for the
secondary access road shall be completed prior to final plat of Phase 1.
If you have any additional question or needs please contact me.
Sincerely,
Dave Dedman, Fire Chief
City of Kalispell
"Protecting our community with the highest level ofprofessionalism."
CITY OF
KALISPELL
September 16, 2022
Kalispell Planning Department
Attn: PJ Sorenson
P.O. Box 1997
Kalispell, MT 59901
Phone: (406) 758-7932
Re: Eagle Valley Ranch
Dear PJ:
Kalispell Parks & Recreation
306 1st Ave E. P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7715 Fax (406) 758-7719
This letter is to serve as approval on the proposed landscaping plan for the boulevards, common
area and parks for Eagle Valley Ranch, per plans submitted by Jackola on September 15, 2022.
It is agreed that if the project is extended, the developer will be responsible for submitting
bonding for the remaining improvements as specified on the submitted plan for Eagle Valley
Ranch. The bond may not be longer than a period of 12 months. Tree plantings are required to
meet the Street Tree Ordinance standards of 2 t/4" caliper and have a 4-foot fibrous mulch around
them in addition to meeting ISA planting standards. Prior to installation of the trees, the
developers landscape contractor is to contact our Parks Superintendent prior to any tree plantings
about proper planting protocols and submit a planting permit. Rock in the boulevards and
adjacent to the public way is not permitted. Any landscape revisions or substitutions need to be
authorized prior to installation. Irrigation will need to extend to the furthermost edges all
irrigated areas and provide head -to -head coverage. All areas with temporary irrigation will need
to be underground with no hoses or portable sprinklers used to irrigate.
Final approval will be given upon completion, inspection and approval of the landscaping and
tree plantings at which time any bonding that has been submitted will be released after
acceptance completed landscaping. It should be noted that the trees and landscaping are under a
2-warranty period and should they die within this time frame, the developer will be responsible
for replacement. Our warranty period will not begin till our arborists accepts them meeting ISA
standards, our landscape ordinance, and our forestry ordinance.
If you have any concerns or questions, please give me a call.
Sincerely,
Chad Fincher, Parks and Recreation Director
Kalispell Parks and Recreation
After recording return to:
Mark Buckwalter, Esq.
Buckwalter Law Firm, PLLC
40 Second Street East, Suite 222
Kalispell, MT 59901
FIRST AMENDED AND RESTATED DECLARATION OF
COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR
EAGLE VALLEY RANCH (Single -Family Residential)
This First Amended and Restated Declaration of Covenants, Conditions, Restrictions and
Easements for Eagle Valley Ranch (Single -Family Residential) (the "Declaration") is made this
day of , 20 , by The Village at Eagle Valley Ranch,
LLC, a Montana limited liability company, hereinafter (the "Declarant") and is intended to amend,
completely restate and supersede all previous versions of this document.
RECITALS
1. The original Declaration of Covenants, Conditions, Restrictions and Easements for
Eagle Valley Ranch (Phase 1: Single -Family Residential) was recorded December 14, 2020, as
Document No. 202000041980, records of Flathead County, Montana (the "Original CCRs").
2. Spartan Holdings, LLC ("Spartan") is named as the "Declarant" in the Original
CCRs.
3. Spartan's ownership interest in the "Property" described in the Original CCRs was
transferred by deed to The Village at Eagle Valley Ranch, LLC ("The Village") on April 7, 2021,
by recording said deed in the real estate records of Flathead County, Montana as Document No.
202100012104.
4. Section 17.7 of the Original CCRs allows Spartan to assign all or part of its rights,
interests, reservations, and obligations arising from the Original CCRs to The Village as a
successor in title. Pursuant to Section 2.29 of the Original CCRs, The Village, as a result of said
transfer of title is the "Successor Declarant."
5. Spartan also specifically assigned its rights under the Original CCRs to The Village
by recording an Assignment of Declarant's Rights, Interest, and Obligations to Successor
Declarant (Subject to Reservations) on April 7, 2021, as Document No. 202100012124, records of
Flathead County, Montana.
6. The Original CCRs provide that until the end of the Period of Declarant Control,
the Declarant shall have the sole authority and power to amend, replace, supersede, or terminate
the Original CCRs by recording an instrument in writing signed by the Declarant.
7. The Original CCRs provide that the Period of Declarant Control is forty (40) years
after the Original CCRs are recorded or upon the Declarant terminating its period of control.
8. The Original CCRs are currently still in the Period of Declarant Control.
9. As Successor Declarant, The Village is entitled to amend, replace, supersede, or
terminate the Original CCRs.
10. The Village desires to record this First Amended and Restated Declaration of
Covenants, Conditions, Restrictions and Easements for Eagle Valley Ranch (Single -Family
Residential), each and all of which are intended for the benefit of the Property as that term is
defined below, and for each owner thereof, and shall inure to the benefit of and pass with said
property, and each and every parcel thereof, and shall apply to and be binding upon the successors
in interest to said property, and any owner thereof.
11. The Village also desires to incorporate additional real property and have the
additional real property be subject to this First Amended and Restated Declaration of Covenants,
Conditions, Restrictions and Easements for Eagle Valley Ranch (Single Family Residential).
12. The term "Declarant" as used in the Declaration, shall now refer to the Successor
Declarant, The Village and the term "Declaration" shall now refer to this First Amended and
Restated Declaration of Covenants, Conditions, Restrictions and Easements for Eagle Valley
Ranch (Single -Family Residential).
All persons or corporations who now or shall hereafter acquire any interest in and to the
below described Property shall be held to agree and covenant with the owner of any of the below
described Property, or any parcel thereof, with their heirs, successors and assigns, to conform to
and observe the following Covenants Conditions, Restrictions and Easements as to the use thereof,
and as to the construction of dwellings and improvements thereon.
ARTICLE 1
STATEMENT AND PURPOSE AND IMPOSITION OF COVENANTS
Section LL Owner. The Declarant is the owner of the property in Flathead County,
Montana, more particularly described as follows (the "Property"):
Those Lots and real property within the boundaries of the Eagle Valley Ranch
subdivision (Phase 1), according to the official Plat thereof on file and of record in the
official records of Flathead County, Montana, except that Lots 15 and 18, which are
planned for multi -family use, are not covered by this Declaration, and are not
included as part of the Property, at the time of execution of this Declaration.
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 2
and
Those lots and real property within the boundaries of the Eagle Valley Ranch
subdivision (Phase 2), according to the official Plat thereof on file and of record in the
official records of Flathead County, Montana, except that Lots 13, 14, 16 and 17,
which are planned for multi -family and/or commercial use, are not covered by this
Declaration, and are not included as part of the Property, at the time of execution of
this Declaration.
Section 1.2. Purpose. The purpose of the Declarant in making this Declaration is to
create a development known as Eagle Valley Ranch on the Property (the "Project" or "Eagle
Valley Ranch"). The Eagle Valley Ranch Project is presently planned to include multi -family and
commercial components, but those components are not covered by this Declaration upon its
execution, but may be at some future time as provided herein.
The Declarant further intends to ensure the attractiveness of the Property, including the
residences and other improvements constructed on it to prevent any future impairment of the
Property and to guard against the construction on the Property of improvements of improper or
unsuitable materials or with improper quality or methods of construction, to protect and enhance
the values and amenities of the Property; to provide for the operation, administration, use and
maintenance of the common areas within the Property; to preserve, protect and enhance the values
and amenities of the Property; and to promote the health safety and welfare of the owners of the
Property.
Section 1.3. Imposition of Covenants. To accomplish the purposes indicated above, the
Declarant hereby declares that from the date of recording this Declaration forward, the Property
will constitute a planned community known as Eagle Valley Ranch, and will be held, sold, and
conveyed subject to the following covenants, conditions, restrictions and easements (collectively,
these "Covenants"). These Covenants will run with the land and will be binding upon all persons
or entities having any right, title, or interest in all or any part of the Property (including Declarant)
and their heirs, successors, and assigns, and their tenants, employees, guests, and invitees. These
Covenants will inure to the benefit of each owner of the Property.
ARTICLE 2
DEFINITIONS
The following terms, as used in this Declaration, are defined as follows:
Section 2.1. "Annual Assessment" means the Assessment levied annually pursuant to
Section 9.3.
Section 2.2. "Architectural Review Committee" means the committee formed pursuant
to Article 6 to maintain the quality and architectural harmony of improvements in Eagle Valley
Ranch.
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 3
Section 2.3 "Articles" or "Articles of Incorporation" means the Articles of
Incorporation of the Eagle Valley Ranch Property Owner's Association, Inc., a Montana non-profit
corporation, which were filed with the Montana Secretary of State's office on April 14, 2020, as
such Articles, may be amended from time to time.
Section 2.4 "Assessments" means the Annual, Special and Default Assessments levied
pursuant to Article 9 to meet the estimated cash requirements of the Association.
Section 2.5. "Association" means the Eagle Valley Ranch Property Owner's
Association, Inc., a Montana non-profit corporation, and any successor of that entity by whatever
name. The Declarant reserves the right to, but is not obligated to, create separate associations of
the multi -family and commercial lot owners as well as a master association with over -arching
jurisdiction over the other associations. Declarant reserves the right to structure all associations
of Eagle Valley Ranch property Owners in the manner Declarant believes best serves the interests
of Eagle Valley Ranch.
Section 2.6. "Bylaws" means the bylaws of the Association which establish the methods
and procedures of its operation, as such bylaws may be amended from time to time.
Section 2.7. "Eagle Valley Ranch Documents" means the basic documents creating and
governing Eagle Valley Ranch, including, but not limited to, this Declaration, the Articles of
Incorporation and Bylaws, the Design Guidelines and any other procedures, rules, regulations or
policies adopted under such documents by the Association, all as may be amended from time to
time.
Section 2.8. "Eagle Valley Ranch Rules "means the rules and regulations adopted by the
Association from time to time.
Section 2.9. "Common Area" means all of the areas shown as parks and common areas,
depicted on the Final Plat or Plats of Eagle Valley Ranch, records of Flathead County, Montana,
and any other property in which the Association owns an interest for the common use, benefit and
enjoyment of the Members.
Section 2.10. "Common Expenses" means (i) premiums for the insurance carried by the
Association under Article 9; (ii) all other expenses incurred by the Association in administering,
servicing, conserving, managing, maintaining, repairing or replacing the Common Area and any
Improvements located on it; (iii) all expenses expressly declared to be Common Expenses by the
Eagle Valley Ranch Documents; (iv) all expenses lawfully determined to be Common Expenses
by the Board of Directors; and (v) all expenses to be allocated among the Owners as provided in
Article 9.
Section 2.11. "Declarant" means Spartan Holdings, LLC, or its successors or assigns,
including any Successor Declarant.
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential)
Section 2.12. 'Default Assessment" means any Assessment levied by the Association
pursuant to Section 9.5 below.
Section 2.13. 'Design Guidelines" means the guidelines and rules published and amended
and supplemented from time to time by the Architectural Review Committee.
Section 2.14. 'Development Rights" is defined in Section 11.1.2.
Section 2.15. "Expansion Property" means such additional real property owned at the
time of the execution of this Declaration, or in the future acquired, by Spartan Holdings, LLC, the
Declarant named herein, or any Successor Declarant as such Declarant or Successor Declarant
may make subject to the provisions of this Declaration, by duly recorded Declaration of
Annexation, including, but not limited to Lots 15 and 18 on the Plat for Phase One of Eagle Valley
Ranch, and Lots 13, 14, 16 and 17 on the Plat for Phase Two of Eagle Valley Ranch, which lots
are intended for multi -family and/or commercial use and are not covered by this Declaration or
included as part of the Property at the time of execution of this Declaration.
Section 2.16. "Improvement(s)"means all buildings, parking areas, loading areas, fences,
exterior 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 of a magnitude which
does not change exterior colors or exterior appearances. "Improvement(s)" does include both
original improvements and all later changes and improvements.
Section 2.17. 'Lot" means a parcel of land designated as a lot on any Plat of the Property,
except Lots 15 and 18 on the Plat for Phase One of Eagle Valley Ranch and Lots 13, 14, 16 and
17 on the Plat for Phase Two of Eagle Valley Ranch, which are intended for multi -family and/or
commercial use and are not covered by this Declaration or included as part of the Property at the
time of execution of this Declaration.
Section 2.18. "Operations Fund" means the fund created by Assessments and fees levied
pursuant to Article 9 below to provide the Association with the funds required to carry out its
duties under this Declaration.
Section 2.19. "Member" means any person or entity (including a trust) holding
membership in the Association.
Section 2.20 "Mortgage" means a mortgage, deed of trust, Montana trust indenture, deed
to secure debt, or any other form of security instrument secured by real estate.
Section 2.21 "Mortgagee" means a beneficiary or holder of a Mortgage, including the
seller under a contract for deed.
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential)
Section 2.22. "Owner" means the owner of record (including Declarant, and including the
most recent contract purchaser, but excluding all contract sellers) whether one or more persons or
entities, of fee simple title to any Lot or, if the Lot is subject to one or more contracts for deed, the
owner of the purchaser's interest in the most recent contract for deed, but "Owner" does not mean
or refer to any person or entity who holds such interest merely as security for the performance of
a debt or other obligation, including a Mortgage, unless and until such person or entity has acquired
fee simple title pursuant to foreclosure or other proceedings.
Section 2.23. "Period of Declarant Control" means 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 date which is forty (40) years later. The Declarant at any time may terminate its
period of control by giving ninety (90) days' written notice to the Board of Directors.
Section 2.24. "Person" means a natural person, a corporation, a partnership, a limited
liability company, an association, a trust or any other entity or combination of the foregoing.
Section 2.25. "Pets " means domesticated animals including but not limited to dogs, and
cats, and specifically excludes, poultry, fowl, and livestock animals.
Section 2.26. "Plat" means any survey or surveys of all or part of the Property, together
with such other diagrammatic plans and information regarding the Property as may be required by
applicable law, or as may be included in the discretion of Declarant, as each such survey may be
amended and supplemented from time to time, and all as recorded in the office of the Clerk and
Recorder of Flathead County, Montana.
Section 2.27. "Property" means and includes the property described in Section 1.1 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.
below.
Section 2.28. "Special Assessment" means an Assessment levied pursuant to Section 9.4
Section 2.29. "Special Declarant Rights" is defined as set forth in Section 11.1 below.
Section 2.30. "Successor Declarant" means any person or entity to whom Declarant
assigns any or all of its rights, obligations or interest as Declarant, as permitted by Section 17.7
and evidenced by an assignment or deed of record in the office of the Clerk and Recorder of
Flathead County, Montana, designating such party as a Successor Declarant, signed by the
transferor and the transferee. Upon such recording, Declarant's rights and obligations under the
Declaration will cease and terminate to the extent provided in such document, and all such rights
and obligations shall be transferred to and assumed by the Successor Declarant to the extent
provided in such document.
ARTICLE 3
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 6
EXPANSION AND PLAT
Section 3.1. Development Rights. Declarant reserves the right to exercise all
Development Rights in connection with the Eagle Valley Ranch subdivision in accordance with
Article 11 below.
Section 3.2. Declaration of Boundaries. The boundaries of each Lot are delineated on
the Plat, and each Lot is identified by the number noted on the Plat.
Section 3.3. Plat. The Plat will be filed for record in the office of the Clerk and Recorder
of Flathead County, Montana. The Plat may be filed as a whole or as a series of Plats from time
to time.
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential)
ARTICLE 4
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
Section 4.1. Membership. Every Owner, by virtue of being an Owner, and for so long as
he is an Owner, will be a Member of the Association. Membership will be appurtenant to and may
not be separated from ownership of any Lot. No Owner, whether one or more persons, will have
more than one membership per Lot owned, but all of the persons owning each Lot will be entitled
to rights of membership and of use and enjoyment appurtenant to such ownership. The Declarant
shall be considered an Owner and shall be a Member of the Association with all of the same
privileges of the other Owners and Members, except that Declarant shall have such additional
rights as provided in this Declaration. For purposes of assessments, the Declarant shall be exempt
from all forms of assessments imposed pursuant to this Declaration.
Section 4.2. Transfer of Membership. An Owner may not transfer, pledge or alienate his
membership in the Association in any way except upon the sale or encumbrance of his Lot, and
then only to the purchaser or Mortgagee of his Lot.
Section 4.3. Classes of Membership. The Association will have two classes of voting
membership. One class is composed only of the Declarant, which class (and Member) shall be the
only one entitled to vote during the Period of Declarant Control. The other class is composed of
all Owners, including Declarant, and shall have voting rights in the Association and under this
Declaration after the Period of Declarant Control, provided that the Declarant shall have such
additional rights and responsibilities as expressly provided in this Declaration.
Section 4.4. Voting Rights. All Members entitled to vote shall be entitled to one vote on
the Association matters on the basis of one vote for each Lot owned. When more than one person
or entity is an Owner of the same Lot, all such persons or entities will be Members, but they may
collectively cast only one vote for each Lot with such vote to be cast in such manner as those
multiple Owners may determine among themselves.
Section 4.5. Appointment of Officers and Directors by Declarant. Until the expiration
of the Period of Declarant Control, Declarant shall retain the exclusive powers to vote for, appoint,
designate, remove and replace Directors and officers of the Association.
ARTICLE 5
POWERS AND DUTIES OF THE ASSOCIATION
Section 5.1. Association Management Duties. Subject to the rights and obligations of
Declarant as set forth in this Declaration, the Association will be responsible for the administration
and operation of the Association and for all matters as provided in the Eagle Valley Ranch
Documents. The Board of Directors will exercise for the Association all power, duties and
authority vested in or obligated to be taken by the Association and not reserved to Declarant or the
other Members by this Declaration, or by other applicable law.
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential)
Section 5.2. Common Area.
5.2.1. Conveyance by Declarant. On or before the expiration of the Period of
Declarant Control, Declarant will convey to the Association, by written instrument recorded with
the Clerk and Recorder of Flathead County, Montana, the Common Area located on the Property.
5.2.2. Use of Common Area. The Common Area generally is designated by this
Declaration for the common use, benefit and enjoyment of the Owners and their families, tenants,
employees, guests and invitees. All drainage Improvements made in the Common Area are also
for the use and benefit of Lots 15 and 18 shown on the Plat of Phase 1, and Lots 13, 14, 16 and 17
shown on the Plat of Phase 2, which lots are intended for multi -family and/or commercial use at
the time of the execution of this Declaration, and said lots shall have a perpetual easement upon,
across, over, in, and under the Common Area for such purpose. Declarant reserves the right to
establish assessments, charges, rules, terms, and conditions for the use of said drainage
Improvements by Lots 15 and 18 of Phase 1 and Lots 13, 14, 16 and 17 of Phase 2.
5.2.3. Association's Responsibility for Common Area. The Association, subject to
the rights and obligations of the Owners set forth in this Declaration, will be responsible for the
management, maintenance and control of the Common Area.
5.2.4. Association's Agreements Regarding Common Area. The Association,
acting through the Board of Directors, may grant easements, right-of-way, leases, licenses and
concessions through or over the Common Area without the independent approval by the Owner.
Without limiting the generality of the foregoing, the Association may grant such rights to suppliers
of utilities serving the Project or property adjacent to the Project, and to developers or owners of
property adjacent to the Project for the purpose of accommodating minor encroachments onto the
Common Area or other purposes that do not unreasonably interfere with the use and enjoyment of
the Common Area by the Owners.
Section 5.3. Delegation by the Association.
5.3.1. Committees. The Association may delegate any of its rights, duties or
responsibilities to any committee or other entity (in addition to the Architectural Review
Committee) that the Board may choose to form.
5.3.2. Limitation. Any delegation by the Board under this Section is subject to
compliance with the Bylaws and the requirement that the Board, when so delegating, will not be
relieved of its responsibilities under the Eagle Valley Ranch Documents.
Section 5.4. Books and Records. The Association will make available for inspection by
Owners and Mortgagees, upon request, during normal business hours or under other reasonable
circumstances, current copies of the Eagle Valley Ranch Documents, and the books, records, and
financial statements of the Association prepared pursuant to the Bylaws.
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 9
Section 5.5. Successor to Declarant. The Association will succeed to all the rights,
duties and responsibilities of the Declarant under this Declaration upon termination of the Period
of Declarant Control.
ARTICLE 6
ARCHITECTURAL REVIEW COMNHTTEE
Section 6. L Committee. There is hereby established an Architectural Review
Committee, which will be responsible for the review and approval of all proposed Improvements
on the Lots.
Section 6.2. Committee Membership. The Architectural Review Committee will be
composed of three or more persons. All of the members of the Architectural Review Committee
will be appointed, removed, and replaced by Declarant, in its sole discretion, until the expiration
of the Period of Declarant Control or such earlier time as Declarant may elect to voluntarily waive
this right by notice to the Association, and at that time the Board of Directors will succeed to
Declarant's right to appoint, remove, or replace the members of the Architectural Review
Committee. Members of the Architectural Review Committee are not required to be Members of
the Association.
Section 6.3. Purpose and General Authority. No Improvements will be erected, placed,
reconstructed, replaced, repaired or otherwise altered, nor will any construction, repair or
reconstruction be commenced until plans for the Improvements have been approved by the
Architectural Review Committee; provided, however, that Improvements that are completely
within a building may be undertaken without such approval. The Owner shall submit a detailed
site plan and elevations showing the design, location, material, color and exterior finish of
proposed Improvements to the Architectural Review Committee. All improvements will be
constructed only in accordance with approved plans.
Section 6.4. Design Guidelines. The Architectural Review Committee may publish
Design Guidelines which set forth the procedures and criteria for review of Improvements to be
constructed on any Lot, and for review of landscaping plans. Failure to follow procedures or
criteria set forth in the current published Design Guidelines shall form an adequate basis for
rejection of the submitted site plan and elevations; provided, however, that this requirement shall
not be construed as preventing the Declarant or the Architectural Review Committee, at their
option, from waiving or amending the Design Guidelines at any time or with respect to any
application. Failure to follow such procedures or criteria set forth in the Design Guidelines shall
also be deemed a breach of this Declaration by such Owner and shall entitle the Association or the
Architectural Review Committee to exercise and pursue the rights and remedies provided herein
with respect to such breach.
Section 6.5. Failure to Act. In the event the Architectural Review Committee fails to
approve or disapprove the design, location, material, color and exterior finish of proposed
Improvements within thirty (30) days after the detailed site plan and elevations have been
submitted to it, approval shall not be required, and such Owner shall be deemed in compliance
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 10
with this Article. Any plans, elevations and proposals so approved, either expressly in writing or
by the expiration of the thirty -day period herein above provided, shall then permit the Owner to
commence construction in accordance with said plans and elevations, but any deviation from said
plans and elevations which in the judgment of said Architectural Review Committee is a
substantial detriment to the appearance of the structure or of the surrounding area shall be corrected
to conform with the plans and elevations as submitted.
Section 6.6. Committee Discretion. The Architectural Review Committee will exercise
its best judgment to see that all Improvements conform and harmonize with any existing structures
as to external design, quality and type of construction, materials, color, location on the Lot, height,
grade and finished ground elevation, and the schemes and aesthetic considerations set forth in the
Design Guidelines and the other Eagle Valley Ranch Documents. The Architectural Review
Committee, in its sole discretion, may excuse compliance with such requirements as are not
considered necessary or appropriate in specific situations and may permit compliance with
different or alternative requirements.
Section 6.7. Binding Effect. The actions of the Architectural Review Committee in the
exercise of its discretion by its approval or disapproval of plans and other information submitted
to it, or with respect to any other matter before it, will be conclusive and binding on all interested
parties.
Section 6.8. Organization and Operation of Architectural Review Committee.
6.8.1. Term. The term of office of each member of the Architectural Review
Committee will be one year, commencing January 1 of each year, and continuing until his
successor shall have been appointed. Should an Architectural Review Committee member die,
retire or become incapacitated, or in the event of a temporary absence of a member, a successor
may be appointed as provided in Section 6.2.
6.8.2. Chairman. So long as Declarant appoints the Architectural Review
Committee, Declarant will appoint the chairman. At such time as the Architectural Review
Committee is appointed by the Board of Directors, the chairman will be elected annually from
among the members of the Architectural Review Committee by a majority vote of the members
thereof. In the absence of a chairman, the party responsible for appointing or electing the chairman
may appoint or elect a successor, or if the absence is temporary, an interim chairman.
6.8.3. Operations. The Architectural Review Committee chairman will take
charge of and conduct all meetings and will provide for reasonable notice to each member of the
Architectural Review Committee prior to any meeting. The notice will set forth the time and place
of the meeting, and notice may be waived by any member.
6.8.4. Voting. The affirmative vote of a majority of the members of the
Architectural Review Committee will govern its actions and be the act of the Architectural Review
Committee.
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 11
Section 6.9. Other Requirements. Compliance with the Eagle Valley Ranch architectural
review process is not a substitute for compliance with City of Kalispell building, zoning and
subdivision regulations, and each Owner is responsible for obtaining all approvals, licenses, and
permits as may be required by The City of Kalispell or other state or local authorities prior to
commencing construction.
Section 6.10. Enforcement.
6. 10. 1. Inspection. Any member or authorized consultant of the Architectural
Review Committee, or any authorized officer, Director, employee or agent of the Association may
enter upon any Lot at any reasonable time after notice to the Owner, without being deemed guilty
of trespass, in order to inspect Improvements constructed or under construction on the Lot to
determine whether the Improvements have been or are being built in compliance with the Eagle
Valley Ranch Documents and the plans and specifications approved by the Architectural Review
Committee.
6.10.2. Deemed Nuisances. Every violation of these Covenants is hereby declared
to be and to constitute a nuisance, and every public or private remedy allowed for such violation
by law or equity against a Member will be applicable. Without limiting the generality of the
foregoing, these Covenants may be enforced as provided below.
(i) Fines for Violations. The Architectural Review Committee may
adopt a schedule of fines for failure to abide by the Architectural Review
Committee rules and the Design Guidelines, including fines for failure to
obtain any required approval from the Architectural Review Committee.
(ii) Injunction for Removal of Nonconforming Improvements. The
Association may, upon request of the Architectural Review Committee and
after reasonable time after notice to the Owner, seek an injunction or other
judicial relief to remove any Improvement constructed, reconstructed,
refinished, altered, or maintained in violation of these Covenants. The
Owner of the Improvement will immediately reimburse the Association for
all expenses incurred in connection with the exercise of such remedy,
including but not limited to attorney and legal assistant fees. If the Owner
fails to reimburse the Association within thirty (30) days after the
Association gives the Owner notice of the expenses, the sum owed to the
Association will bear interest at the maximum rate permitted under Montana
law from the date the expense was incurred by the Association through the
date of reimbursement in full, and all such sums and interest will be a
Default Assessment enforceable as provided in Article 9.
Section 6.11. Continuity of Construction. All Improvements commenced on the Property
will be prosecuted diligently to completion. If an Improvement is commenced and construction is
then abandoned for more than ninety (90) days, or if construction is not completed within the
required twelve-month period described below in Section 7.4, then after notice and opportunity
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 12
for hearing as provided in the Bylaws, the Association may impose a fine of not more than $50.00
per day to be charged against the Owner of the Lot until construction is resumed, or the
Improvements are completed, as applicable.
ARTICLE 7
PROPERTY USE RESTRICTIONS
Section 7.1. General Restriction. The Property will be used only for the purposes set
forth in these Covenants, as permitted by the applicable regulations of the City of Kalispell and
any other local governing body, and the laws of the State of Montana and the United States, and
as set forth in the Eagle Valley Ranch Documents or other specific recorded covenants affecting
all or any part of the Property.
Section 7.2. Single -Family Residence. Upon obtaining the approval of the Architectural
Review Committee, one single-family residence may be built on each single-family Lot.
Construction of the residence must be started within thirty-six (36) months of closing, unless
otherwise provided for by the Declarant.
Section 7.3. Further Subdivision. Other than Lots owned by the Declarant, no Lot shall
be further subdivided.
Section 7.4. Temporary Buildings, Square Footage, etc. No temporary building, shack,
tent, house trailer, mobile home or modular structure shall be located on any Lot. All construction,
including landscaping, must be completed within twelve (12) months from the commencement of
construction. All residences must be of new construction, built on -site, and shall contain a
minimum of 1,300 square feet of finished living space above grade, exclusive of garages, decks,
porches or basements. All two -level residences must contain no less than 900 square feet of living
space on the first level, exclusive of attached garages, basements, decks, and porches. All
residences must have an attached garage of at least 400 square feet unless otherwise approved by
the Architectural Review Committee.
Section 7.5. Roofs, Siding and Colors. It is expected that all elevations will not only take
advantage of the view from within the residence, but will provide pleasant views from all
surrounding areas. All side and rear elevations are expected to be articulated to break up the facade
into smaller elements, as well as adding the richness of shade and shadow. Large blank walls will
not be allowed. Failure to provide adequate articulation and richness may be grounds for rejection
of the design by the Architectural Review Committee.
Roof shape and character is important to avoid vertical monotony. Slopes of 6/12
or greater are to be considered for dominant roof elements and gable ends. Gentler roof pitches
can be integrated for background and less conspicuous connections. Alternative configurations
may also be considered to balcony roofs and dormers of all sizes as these contribute to the human
scale. This is encouraged to provide a texture and an apparent reduction of the built mass. All
overhangs and projections shall be a minimum of 16" with 24" preferred.
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 13
The Architectural Review Committee strongly recommends that sloping roofs be designed
as sheltering and shading elements, normally with broad overhangs and strong shadow lines. Thin
edges or thin fascias should be avoided. Sloped roof materials should be textural with very dark or
deep color tones.
Roof surfaces must be non -reflective and, in the opinion of the Architectural Review
Committee, not visually objectionable from neighboring properties and roads.
The composition of roof forms should be carefully considered. No continuous ridgelines
should exceed forty (40) feet. Changing the ridge direction, offsets or major roof projections
should be used to break ridgelines. Fascia boards are required. Rafters shall not be exposed. Wood
with the look of substance is required unless otherwise approved.
The placement of the various pipes and vents that penetrate the roof should be considered.
Combine them in the attic space and project through roof in a common enclosed stack when
possible. Where it is practical, place stacks on the roof away from the side of greatest visibility.
All roof vents are to be colored to match the dominant roofing material.
Colors
• Non -reflective materials are to be used, including non-reflecting glazing
• Color selections shall range from white or off-white to weathered driftwood (a very
light gray) through to light brown, green or related tones. The use of blue may be
allowed in certain shades.
• Materials for roofs may be sculpted architectural asphalt, flat concrete or fiber -
cement tile, slate or other cut stone only. Metal roofs are not permitted.
• Materials for walls may be stained wood or wood, painted fiber -cement lap siding
and stone. Colored stucco may be incorporated for very small area as an accent
only. Stucco colors are to be deeply toned rich warm grays, greens and browns;
light or soft reflective tones are not acceptable.
Section 7.6. Landscaping, Drainage, Grading and Irrigation. Immediately after
construction, all disturbed ground must be landscaped. All lots must have underground irrigation
systems. Residences should be designed to fit the existing topography of the property without
excessive manipulation of the site by cut or fill. Changes in the natural grade by cutting or filling
for structures, walks and driveways must be kept to a minimum to preserve the existing landform.
Owners shall be responsible for irrigation, maintenance and upkeep of all boulevards that are
adjacent to their property.
General siting and grading principles are as follows:
The finish grade around the residence and any site walls should remain as close as
possible to the original natural grade.
Grading may be done outside the landscaping for driveway access and site drainage.
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 14
Screen walls, walls not supporting a building structure or retaining earth, may not
exceed six (6) feet in height measured from finish grade along the exterior side of
the enclosure.
A landscaping plan for each building Lot shall be submitted to the Architectural Review
Committee for approval. Landscaping of the entire Lot shall be complete within ninety (90) days
of occupancy or unless otherwise approved by the Architectural Review Committee in writing.
In the event that soil must be imported or exported from the Lot, the Lot Owner will be
responsible for this cost. Import soils scheduled for use as landscape topsoil may be subject to an
agricultural soil analysis at the discretion of the Architectural Review Committee.
The following building Lot landscape design criteria are provided to enhance the definition
of each home site. The primary goal is to protect and maximize individual property values through
the implementation of a generous landscape design. These criteria must be met to successfully
receive the approvals required by the Architectural Review Committee.
Drainage of individual properties must work with the existing topography and be directed
toward the natural open space or drainage systems, developed in conjunction with the roadways.
The Front Yard/Streetscape Zone is the area nearest to the neighborhood street and includes
boulevard area to the back of curb and is normally at the front of the property. On corner Lots this
zone also extends down the side of the property parallel to the street. The landscape requirements
for the front yard are:
Minimum one (1) City Tree per Lot.
Lawn area to be sodded with underground irrigation systems.
The Side/Rear Yard includes the transitional side yard area and "backyard" area adjacent
to another lot or the street. The landscape requirements are:
Lawn area to be sodded with underground irrigation systems.
Landscape areas that require irrigation should conform to the following:
• Buried PVC sprinkler system or the utilization of drip irrigation systems;
• Sprinklers and nozzles selected to provide water to the landscape that are
compatible with their respective soils, slopes, exposure, orientation and plant types;
• Utilization of an automatic control system; and
• No overthrowing of irrigation water onto public roadways, sidewalks, neighboring
homes, or trails is permitted.
Section 7.7. Storage Vehicles, etc. All automobile, trailers and boat storage shall be
within the side property setback and the garage. Fencing and/or heavy landscaping is required to
soften this impact and must be approved by the Architectural Review Committee. Fencing will be
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 15
the primary consideration. No vehicle, boat or trailer shall be allowed to park overnight in the right
of way. No, trailers, recreational vehicles, or watercraft of any kind, nor storage shed, tent,
recreational equipment or any type of modular structure, may be parked on driveways except
briefly for purposes of loading and unloading.
Section 7.8. Signs. Other than signs advertising Lots or residences for sale or rent, no
sign, billboard or advertising structure of any kind shall be erected, used or maintained on the
Property. Signs shall be no larger than twenty-four (24) square inches.
Section 7.9. Driveways. All driveways shall be concrete from the street to the garage
and only one driveway entrance off the street will be permitted for each lot unless otherwise
approved by the Architectural Review Committee. Lot owners are responsible to provide six (6)
inch concrete to the street.
Section 7.10. Commercial Activity. No profession, business, manufacturing, trade or
commercial activity may be conducted on any Lot except home occupations as defined by City
ordinance and which do not significantly increase traffic within Eagle Valley Ranch.
Notwithstanding the foregoing, no Owner shall operate any daycare, pre-school or other child or
person care facility on their Lot. No Owner shall lease or rent their Lot for terms less than thirty
(30) days ("Short -Term Rentals"), including, but not limited to, VRBOs, AirBnB's, or any other
Short -Term Rentals will be allowed on any Lot.
Section 7.11. Maintenance. All Improvements located on any Lot shall be maintained in
the same condition as at the time of initial construction, normal wear and tear excepted. All
Improvements shall be preserved and of a pleasant appearance by maintaining paint, stain or sealer
as needed. If any Improvement or landscaping is damaged or destroyed, the Owner shall promptly
rebuild, repair and restore it to its appearance and condition prior to the casualty. Reconstruction
or repair shall be completed within nine (9) months of any casualty that damaged or destroyed the
Improvement or landscaping.
Section 7.12. Fences, Gates, Screening, Hot Tubs, etc. All fences, gates, and screening
shall be a maximum of six (6) feet in height and can extend from the rear property corner to within
five feet of the face of the residence or garage. All rear property line fences shall be a maximum
of six (6) feet in height. Consideration as to the storage of parking of vehicles, trailers and boats is
essential. All above -ground garbage and trash containers, mechanical equipment, and other
outdoor maintenance and service facilities must be completely screened from adjacent lots, streets,
or common spaces by walls, fences and gates, at least one (1) foot higher than the equipment, but
not to exceed six (6) feet in height. The Declarant reserves the right to change the standards for
fences. Fences, hot tubs, pools, etc. must be approved by the Architectural Review Committee.
Section 7.13. Utilities and Lighting. All utilities shall be buried underground. There shall
be no exterior antennas except for small satellite dishes, which shall be unobtrusive. Exterior
lighting shall not be directed at neighboring Lots, extend beyond the boundaries of the Owner's
Lot, or impair the neighbors' use or enjoyment of their Lots.
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 16
Section 7.14. Pets.
7.14.1 Dog runs and animal pens must be enclosed and approved by the
Architectural Review Committee. To protect birds and wildlife, dogs and cats must be
accompanied and on a leash at all times when not on the Owner's Lot, and will be expected to be
cleaned up after when outside the Lot. Plastic baggies work well, but cannot be put in the sewer.
7.14.1. No Owner shall have or keep any dog which barks or whines on regular or
continuous basis, or which otherwise creates an ongoing disturbance for any other Owner.
Section 7.15. Nuisances. No noxious or offensive activity shall be carried out upon any
Lot, nor shall anything be done thereon which is or which may become an annoyance or nuisance
to other Owners.
Section 7.16. Landscape Maintenance and Irrigation. All yards and landscaping shall be
maintained and shall not be allowed to become unsightly. Lawns shall be mowed on a regular
basis. All weeds, including noxious weeds, shall be eradicated or controlled and all Owners shall
fully comply with state and local law regarding the control and eradication of noxious weeds.
Undeveloped Lots must be mowed at least twice each year and may not be used as a dumping area
for trimmings or grass clippings.
Section 7.17. Garbage. No Lot shall be used or maintained as a dump site or storage
ground for rubbish, trash, garbage, junk vehicles, equipment or other waste. All garbage and other
waste shall be removed as reasonably necessary.
ARTICLE 8
OWNER'S OBLIGATIONS FOR MAINTENANCE
Section 8. L Owner's Responsibility for Lot. All maintenance of a Lot and the
Improvements located on it will be the sole responsibility of the Owner of the Lot. The Association
may, 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 is
not satisfactory. 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 the Board 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 at
the maximum rate permitted under Montana law from the date of the expenditure until payment in
full.
Section 8.2. Owner's Negligence. If the need for maintenance, repair or replacement of
any portion of the Common Area (including Improvements located on it) 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
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 17
a personal obligation of that Owner. If the Owner fails to repay the expenses incurred by the
Association within thirty (30) days after the notice to the Owner of the amount owed, then those
expenses will bear interest at the maximum rate permitted under Montana law from the date of the
advance by the Association until payment by the responsible Owner is paid in full.
ARTICLE 9
ASSESSMENTS
Section 9. L Creation of Lien and Personal Obligation for Assessments. Except as
otherwise provided by this Declaration, each Owner of a Lot (for each Lot owned within the
Property), by accepting a deed for a Lot, is deemed to covenant to pay to the Association (1) the
Annual Assessments imposed by the Board of Directors as necessary to generally carry out the
functions of the Association; (2) Special Assessments for capital improvements and other purposes
as stated in this Declaration; and (3) Default Assessments which may be assessed against a Lot
pursuant to the Eagle Valley Ranch Documents for the Owner's failure to perform an obligation
under the Eagle Valley Ranch Documents or because the Association has incurred an expense on
behalf of or caused by the Owner under the Eagle Valley Ranch Documents.
Notwithstanding the ownership of any Lot, the Declarant shall not be obligated to pay any
of the Assessments described in this Declaration.
All Assessments, together with fines, interest, costs, and reasonable attorney's (and legal
assistants') fees will be a charge on the land and will be a continuing lien upon the Lot against
which each such Assessment is made until paid.
Each Assessment, together with fines, interest, costs, and reasonable attorney's fees and
costs, will also be the personal and individual obligation of the Owner of such Lot as of the time
the Assessment falls due, and two or more Owners of a Lot will be jointly and severally liable for
such obligations. No Owner may exempt himself from liability for any Assessments by
abandonment of his Lot or by waiver of the use or enjoyment of the Common Area. Suit to recover
a money judgment for unpaid Assessment and related charges as listed above may be maintained
without foreclosing or waiving the Assessment lien provided in this Declaration.
Section 9.2. Purpose ofAssessmems. The Assessments levied by the Association will be
used for all purposes provided for in the Eagle Valley Ranch Documents, including but not limited
to promoting the recreation, health, safety and welfare of the Owners and occupants of the Eagle
Valley Ranch.
Section 9.3. Annual Assessments.
9.3.1. Calculation of Annual Assessments. The Board of Directors will prepare a
budget before the close of each fiscal year of the Association. Annual Assessments for Common
Expenses will be based upon the estimated net cash flow requirements of the Association to cover
items including, without limitation, the cost of routine maintenance, repair and operation of the
Common Area; and premiums for insurance coverage as deemed desirable or necessary by the
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 18
Association; snow removal, landscaping, care of grounds and common lighting within the
Common Area; routine renovations within the Common Area; wages; common water and utility
charges for the Common Area; legal and accounting fees; expenses and liabilities incurred by the
Association under or by reason of this Declaration; payment of any deficit remaining from a
previous Assessment period; and the supplementing of the reserve fund for general, routine
maintenance, repairs and replacement of improvements within the Common Area on a periodic
basis, as needed. Assessments shall be fixed at a uniform rate for all Lots. Assessments shall be
divided by the number of Lots in the Association. Each Lot shall bear its pro rata share.
9.3.2. Collection. Annual Assessments will be collected in periodic installments
as the Board may determine from time to time; but until the Board directs otherwise, they will be
payable annually in advance on the date determined by the Board. The omission or failure of the
Association to fix the Annual Assessment period will not be deemed a waiver, modification or
release of the Owners from their obligation to pay the same.
Section 9.4 Special Assessments.
9.4.1. Determination by Board. The Board of Directors may levy, in any fiscal
year, one or more Special Assessments, applicable to that year only, for the purpose of defraying,
in whole or in part, the cost of any construction or reconstruction, repair or replacement of a
described capital improvement upon the Common Area, including the necessary fixtures and
personal property related thereto, or, after adopting and submitting a revised budget to the
Association, as may be required to make up any shortfall in the current year's budget.
9.4.2. Apportionment and Collection of Special Assessments. The Board will
apportion Special Assessments among the Lots and collect payment according to the same
guidelines as set forth for Annual Assessments in Section 9.3.2.
9.4.3. Notice. Notice of the amount and due dates for such Special Assessments
must be sent to each Owner at least thirty (30) days prior to the due date.
Section 9.5. Default Assessments. All monetary fines, penalties, interest or other charges
or fees (excluding Annual and Special Assessments) levied against an Owner pursuant to the Eagle
Valley Ranch Documents, or any expense of the Association which is the obligation of an Owner
or which is incurred by the Association on behalf of the Owner pursuant to the Eagle Valley Ranch
Documents, and any expense (including without limitation attorneys' fees and costs) incurred by
the Association as a result of the failure of an Owner to abide by the Eagle Valley Ranch
Documents, constitutes a Default Assessment, enforceable as provided in this Declaration below.
Section 9.6. General Remedies of the Association for Nonpayment of Assessment. Any
installment of an Annual Assessment, Special Assessment or Default Assessment which is not
paid within thirty (30) days after its due date will be delinquent. In the event that an installment of
an Annual Assessment or Special Assessment becomes delinquent, or in the event any Default
Assessment is established under this Declaration, the Association, in its sole discretion, may take
any or all of the following actions:
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and Easements for Eagle Valley Ranch (Single -Family Residential) 19
9.6.1. Assess a late charge for each delinquency at uniform rates set by the Board
of Directors from time to time;
9.6.2. Charge interest from the date of delinquency at the maximum rate permitted
under Montana law;
9.6.3. Suspend the voting rights of the Owner during any period of delinquency;
9.6.4. Accelerate all remaining Assessment installments for the fiscal year in
question so that unpaid Assessments for the remainder of the fiscal year will be due and payable
at once;
9.6.5. Bring an action at law or equity against any Owner personally obligated to
pay the delinquent Assessment charges;
9.6.6. File a statement of lien on the Lot and foreclose as set forth in more detail
below.
9.6.7. For a delinquent Assessment related to the provision of utilities, the utility
service to the Lot may be suspended after giving the Owner ten (10) days' written notice that the
service will be suspended unless the delinquent Assessment is paid.
The remedies provided under this Declaration will not be exclusive, and the Association may
enforce any other remedies to collect delinquent Assessments as may be provided by law.
Section 9.7. Assessment Lien. Any Assessment chargeable to a Lot will constitute alien
on the Lot, effective the due date of the Assessment. To evidence the lien, the Association may,
but will not be obligated to, prepare a written lien statement with respect to the Lot, setting forth
the name of the Owner, the legal description of the Lot, the name of the Association, and the
delinquent Assessment amounts then owing. Any such statement will be duly signed and
acknowledged by an officer or Director of the Association and will be served upon the Owner of
the Lot by mail to the address of the Lot or at such other address as the Association may have in
its records for the Owner. At least ten (10) days after the Association mails the statement to the
Owner, the Association may record the lien statement in the office of the Clerk and Recorder of
Flathead County, Montana. Thirty (30) days following the recording of the lien statement in the
office of the Clerk and Recorder of Flathead County, Montana, the Association may proceed to
foreclose the statement of lien in the same manner as provided for the foreclosure of mortgages
under the statutes of the State of Montana.
Section 9.8. Successor 's Liability for Assessment. All successors to the fee simple title
of a Lot, except as provided in Section 9.9, will be jointly and severally liable with the prior Owner
or Owners thereof for any and all unpaid Assessments, interest, late charges, costs, expenses, and
attorney's and legal assistants' fees against such Lot without prejudice to any such successor's right
to recover from any prior Owner any amounts paid by such successor.
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 20
Section 9.9 Exempt Property. The following portions of the Property will be exempt
from the Assessments, charges, and liens created under the Declaration:
9.9.1. Any Lot owned by Declarant; and
9.9.2. Common Areas.
Section 9.10. Statement of Status of Assessments. The Association will furnish to an
Owner or his designee or to any Mortgagee, within fourteen days of request, a statement setting
forth the amount of unpaid Assessments then levied against the Lot in which the Owner, designee
or Mortgagee has an interest.
Section 9.11. Failure to Assess. The omission or failure of the Board to fix the
Assessment amounts or rates or to deliver or mail to each Owner an Assessment notice will not be
deemed a waiver, modification or a release of any Owner from the obligation to pay Assessments.
In such event, each Owner will continue to pay Annual Assessments on the same bases as for the
last year for which an Assessment was made until a new Assessment is made, at which time any
shortfalls in collections may be assessed retroactively by the Association.
ARTICLE 10
PROPERTY RIGHTS OF OWNERS
Section 10.1 Owner's Easements ofAccess and Enjoyment. Every Owner has a perpetual,
non-exclusive easement for ingress, egress and utilities to and from his Lot and for the use and
enjoyment of the Common Area, which easement is appurtenant to and will pass with the title to
every Lot, subject to the provisions set forth in this Declaration.
Section 10.2. Delegation of Use. Any Owner may delegate, in accordance with the Eagle
Valley Ranch Documents, its rights of access and enjoyment described in Section 10.1 above to
its tenants, employees, family, guests or invitees.
Section 10.3. Easements of Record and of Use. The Property will be subject to all
easements shown on any recorded Plat and to any other easements of record or of use as of the
date of recordation of this Declaration.
ARTICLE 11
SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS
Section 11.1. General Provisions. Until the expiration of the Period of Declarant Control,
Declarant will have the following Special Declarant Rights:
11.1.1. Completion of Improvements. The right to complete Improvements as
indicated on any Plat filed with respect to the Property.
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 21
11.1.2. Development Rights. The right to exercise all Development Rights in
connection with the development of the Eagle Valley Ranch Project, including without limitation
the right or combination of rights hereby reserved by Declarant, as follows: (i) the right to create
Lots and Common Area on the Property; (ii) the right to subdivide Lots, combine Lots, and convert
Lots into Common Area on any part of the Property; (iii) the right to withdraw real property from
Eagle Valley Ranch; (iv) the right to annex all or part of the Expansion Property to the Project, in
accordance with Article 12; and/or (v) the right to do all things necessary to complete the Project
consistent with law.
11.1.3. Sales Activities. The right to maintain sales and management offices, signs
advertising Eagle Valley Ranch and model residences on the Common Area and on Lots owned
by Declarant.
11.1.4. Easements. The right to use easements through the Common Area on the
Property for the purpose of making, utilizing, and operating Improvements on the Property.
11.1.5. Association Directors and Officers. The right to vote for, appoint, designate,
remove, and replace any officer or Director of the Association, as provided in this Declaration or
the Bylaws.
11.1.6.Order of Exercise of Declarant's Rights. Declarant makes no
representations and gives no assurances regarding the legal description of the boundaries of any
future phases of the Project or the order or time in which the future phases of the Project may be
developed or incorporated into Eagle Valley Ranch, or whether or to what extent any of the
Expansion Property will be developed or incorporated into the Project. Further, the fact that
Declarant may exercise one or more of Declarant's Development Rights or other Special Declarant
Rights on one portion of the Property or Expansion Property will not operate to require Declarant
to exercise a Development Right or other Special Declarant Right with respect to any other portion
of the Property or Expansion Property.
Section 11.2 Supplemental Provisions Regarding Declarant's Rights. Without limiting
the generality of the foregoing, certain of these Special Declarant rights are explained more fully
in this Article below. Further, Declarant reserves the right to amend this Declaration and any Plat
(including, without limitation, easements created thereby) in connection with the exercise of any
Development Right or any other Special Declarant Right, and Declarant also reserves the
additional rights retained for the benefit of Declarant in this Article and in other provisions of this
Declaration. The Declarant further reserves the right to, but is not obligated to, create separate
associations of the multi -family and commercial lot owners as well as a master association with
over -arching jurisdiction over the other associations. Declarant reserves the right to structure all
associations of Eagle Valley Ranch property Owners in the manner Declarant believes best serves
the interests of Eagle Valley Ranch.
Section l l .3. Utility Easements. There is hereby created an easement upon, across, over,
in, and under the Common Area, roadways and the areas designated on the final Plat or Plats of
Eagle Valley Ranch as utility easements for the installation, replacement, repair and maintenance
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 22
of all utilities, including but not limited to water, sewer, gas, telephone, electrical, television and
other communications systems. By virtue of this easement, it will be expressly permissible and
proper for the companies providing utility services to install and maintain necessary equipment on
and under the Common Area, the private roadways and the areas designated on the final Plat of
Eagle Valley Ranch as utility easements and to affix and maintain utility pipes, wires, circuits,
conduits and other equipment under those areas. Any utility company using this easement will use
its best efforts to install and maintain the utilities provided for without disturbing the uses of the
Owners, the Association and Declarant; will prosecute its installation and maintenance activities
as promptly and expeditiously as reasonably possible; and will restore the surface to its original
condition as soon as possible after completion of its work. Should any utility company furnishing
a service covered by the easement granted above request a specific easement by separate
recordable document, either Declarant or the Association, will have, and are hereby given, the
right and authority to grant such easement upon, across, over, in or under any part or all of the
Common Area, the private roadways and the areas designated on the final Plat or Plats of Eagle
Valley Ranch as utility easements without conflicting with the terms of this Declaration. This
easement will in no way effect, avoid, extinguish, or modify any other recorded easement on the
Property.
Section l l .4. Reservation for Expansion and Construction. Declarant hereby reserves for
itself and its successors and assigns and for Owners in all Expansion Property and future phases
of Eagle Valley Ranch, a perpetual easement and right-of-way for access over, upon, in, under,
and across the Property for construction, utilities, drainage, ingress and egress, and for use of the
Common Area. 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 declaration or
otherwise, utility, drainage, ingress and egress, and other easements over and across the Common
Areas, and to create other reservations, exemptions, and exclusions convenient or necessary for
the use and operation of any other property of the Declarant. The location of these easements may
be made certain by Declarant or the Association by instruments recorded in Flathead County,
Montana.
Section 11.5. Reservation of Easements, Exceptions and Exclusions for Utilities,
Infrastructure, and Access. Declarant reserves for itself and its successors and assigns and hereby
grants to the Association, acting through the Board of Directors, the concurrent right to establish
from time to time, by declaration or otherwise, utility and other easements, permits, or licenses
over the Common Area, for purposes including but not limited to streets, paths, walkways,
drainage, recreational areas and parking areas, and to create other reservations, exceptions, and
exclusions in the interest of the Owners and the Association.
Section 11.6. 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 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
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 23
appropriate to make emergency repairs or to perform the duties and functions which the
Association is obligated or permitted to perform pursuant to the Eagle Valley Ranch Documents.
Section l l.7. Drainage 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 to enter upon, across, over, in, and under 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 Owner, 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.
Section 11.8. Declarant's Rights Incident to Construction. Declarant, for itself and its
successors and assigns, hereby retains a right and easement of ingress and egress over, in, upon,
under and across the Common Area 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 Spartan Holdings, LLC or any Successor
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 the
Owner or his family, tenants, employees, guests or invitees.
Section 11.9. 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 12
EXPANSION AND WITHDRAWAL
Section 12.1. Reservation of Right to Expand. Declarant reserves the right during the
Period of Declarant Control, 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.
Section 12.2. Declaration of Annexation. Any expansion of the Project may be
accomplished by recording a Declaration of Annexation and, when appropriate, one or more
supplemental Plats in the records of the Clerk and Recorder of Flathead County, Montana, before
the expiration of the Period of Declarant Control. It shall not be necessary to record a supplemental
Plat to annex the multi -family Lots 15 and 18 of the Plat of Phase 1, or the multi -family and/or
commercial Lots 13, 14, 16 and 17 of the Plat of Phase 2 of Eagle Valley Ranch to the Project.
The Declaration of Annexation will describe the real property to be expanded, submitting it to
these Covenants and, as applicable, provide for voting rights in the Association and Assessment
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 24
allocations as determined in Declarant's sole discretion. Such Declaration of 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 of Annexation in the real estate records
of Flathead County, Montana, unless otherwise provided therein. The expansion may be
accomplished in stages by successive supplements or in one supplemental expansion.
Upon the recordation of any such Declaration of Annexation, the definitions used in this
Declaration will be expanded automatically to encompass and refer to Eagle Valley Ranch as
expanded. Such Declaration of Annexation may add supplemental covenants peculiar to the
Expansion Property in question, or delete or modify provisions of this Declaration as it applies to
the Expansion Property added. However, this Declaration may not be modified with respect to that
portion of the Property already subject to this Declaration, except as provided in this Declaration
for amendment.
ARTICLE 13
INSURANCE
Section 13.1. Authority to Purchase. All insurance policies relating to the Common Area
will be purchased by the Board of Directors or its duly authorized agent. The Board of Directors
and the Declarant will not be liable for failure to obtain any coverage required by this Article or
for any loss or damage resulting from such failure if such failure is due to the unavailability of
such coverage from reputable insurance companies, or if such coverage is available only at
demonstrably unreasonable costs.
Section 13.2. General Insurance Provisions. All such insurance coverage obtained by the
Board of Directors will be governed by the following provisions:
13.2.1. As long as Declarant owns any Lot, Declarant, and Declarant's members,
managers, officers, directors, shareholders, trustees, and other persons designated by Declarant,
will be protected by all such policies in the same manner as any other Owner.
13.2.2. The deductible, if any, on any insurance policy purchased by the Board of
Directors may be treated as a Common Expense payable from Annual Assessments or Special
Assessments (allocable to all of the Lots or to only some of the Lots, if the claims for damages
arise from the negligence of particular Owners, or if the repairs benefit only particular Owners),
or as an item to be paid from working capital reserves established by the Board of Directors.
Section 13.3. Physical Damage Insurance on Common Area. The Association will obtain
insurance for such insurable Improvements and with such coverages, limits, deductibles and other
terms and conditions as the Board may determine from time to time.
Section 13.4. Liability Insurance. The Association may obtain a comprehensive policy of
public liability insurance and property damage insurance with such coverage and limits as the
Board of Directors may from time to time determine, insuring each member of the Board of
Directors, the Association, and the respective employees, agents, and all persons acting as agents
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 25
against any liability to the public or the Owners (and their guests, invitees, tenants, agents and
employees) arising in connection with the ownership, operation, maintenance or use of the
Common Area and streets and roads within Eagle Valley Ranch and any other areas under the
control of the Association. Declarant will be included in the coverage as an additional insured in
Declarant's capacity as an Owner or Director.
ARTICLE 14
ENFORCEMENT OF COVENANTS
Section 14.1. Violations Deemed a Nuisance. Every violation of this Declaration or any
other violation of the Eagle Valley Ranch Documents is deemed to be a nuisance and is subject to
all the remedies provided for the abatement of the violation. In addition, all public and private
remedies allowed at law or equity against anyone in violation of these Covenants will be available.
Section 14.1.1 Fines. In addition to the means of enforcement provided
in this Declaration, all covenants, conditions and restrictions applicable to The Village at Eagle
Valley Ranch may be enforced as follows:
(a) The Board may impose fines upon Owners forviolations.
(b) Prior to the imposition of a fine, the Board or its agent shall give the
Owner in question written notice of the violation and intended amount of the fine, and the
notice shall indicate the specific number of days' after receipt of the notice to correct the
violation so as to avoid the fine.
(c) If the violation is remedied within the specified period, no fine shall be
imposed. If the violation is not corrected within the specified period, the Board may, but is
not required to, impose a fine, using the procedures set forth below.
(d) The Board may impose fines ranging from twenty-five dollars ($25) to
five hundred dollars ($500) per fine for violations continuing after the Owner's receipt of the
written notice. Each separate day of a continuing violation may be considered a separate
violation. Imposition of a fine shall be by mailing a notice, certified mail, return receipt
requested, to all Owners of the Lot in question. In determining the appropriate amount of a
fine, the Board shall consider, among other factors:
(i) Whether the violation threatened the health or safety of anyone,
(ii) Whether the violation involved physical damage to property of
another, to Community Property, or to the environment,
(iii) The cost of remedying the violation, and
(iv) Whether the Owner has been previously warned in writing or
fined for the same or substantially similar violations.
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 26
(e) The notice of imposition of fine shall also give the Owner in question at
least seven (7) days' notice of the next meeting of the Board at which the Owner may appear
to appeal the determination of violation and the fine or amount of the fine. The Owner may
appear in person, by agent or by written communication.
(f) If a fine is neither paid nor appealed within seven days of the receipt of
notice by the Owner, then the Board may cause a lien to be filed against the Owner's Lot for
the amount of the fine, plus the cost of filing the lien and attorney's fees. If the Owner appeals
the Board's notice, no lien shall be filed until the Board hears the appeal.
(g) The Board shall keep a written record of all notices sent and the
disposition of each.
(h) The Owner and the Board may each be represented by an attorney at all
hearings on theviolation.
(i) If the Owner wishes to appeal the Board's decision after the Board's
hearing of the Owner's appeal, the Owner shall, in writing, request binding arbitration by a
single arbitrator to be agreed upon by the parties. The parties shall equally share the fees, if
any, of the arbitrator.
Section 14.2. Compliance. Each Owner or other occupant of any part of the Property will
comply with the provisions of the Eagle Valley Ranch Documents as the same may be amended
from time to time.
Section 14.3. Failure to Comply. Failure to comply with the Eagle Valley Ranch
Documents will be grounds for an action to recover damages or for injunctive relief to cause any
such violation to be remedied, or both. Reasonable notice and an opportunity for a hearing may,
but is not required to be, provided in the Bylaws, and if such notice and opportunity is so provided,
will be given to the delinquent party prior to commencing any legal proceedings.
Section 14.4. Who May Enforce. Any action to enforce the Eagle Valley Ranch
Documents may be brought by Declarant or the Board in the name of the Association on behalf of
the Owners. If, after a written request from an aggrieved Owner, none of the foregoing persons or
entities commences an action to enforce the Eagle Valley Ranch Documents, then the aggrieved
Owner may bring such an action.
Section 14.5. Nonexclusive Remedies. All the remedies set forth herein are cumulative
and not exclusive.
Section 14.6. No Waiver. The failure of the Board of Directors, Declarant, or any
aggrieved Owner to enforce the Eagle Valley Ranch Documents in any one or more instances will
not be deemed a waiver of the right to do so for any subsequent violations or of the right to enforce
any other part of the Eagle Valley Ranch Documents at any future time.
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 27
Section 14.7. No Liability. No member of the Board of Directors, the Declarant or any
Owner will be liable to any other Owner for the failure to enforce any of the Eagle Valley Ranch
Documents at any time.
Section 14.8. Recovery of Costs. If legal assistance is obtained to enforce any of the
provisions of the Eagle Valley Ranch Documents, or in any legal proceeding (whether or not suit
is brought) for damages or for the enforcement of the Eagle Valley Ranch Documents or the
restraint of violations of the Eagle Valley Ranch Documents, the prevailing party will be entitled
to recover all costs incurred by it in such action, including reasonable attorney's fees (and legal
assistants' fees) and costs as may be incurred, or if suit is brought, as may be determined by the
court.
ARTICLE 15
RESOLUTION OF DISPUTES
If any dispute or question arises between Members or between Members and the
Association or relating to the interpretation, performance or nonperformance, violation, or
enforcement of the Eagle Valley Ranch Documents, such dispute or violation may, but is not
required to, be subject to a hearing and determination by the Board in accordance with the
procedures set forth in the Bylaws.
ARTICLE 16
DURATION OF THESE COVENANTS AND AMENDMENT
Section 16.1. Term. This Declaration and any amendments or supplements hereto will
remain in effect from the date of recordation until the fiftieth (50th) anniversary of the date this
Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana.
Thereafter these Covenants will be automatically extended for five successive periods of ten (10)
years each, unless otherwise terminated or modified as provided below.
Section 16.2. Amendment, Replacement, Termination. Until the end of the Period of
Declarant Control, the Declarant shall have the sole authority and power to amend, replace,
supersede, or terminate this Declaration from time to time, by recording an instrument in writing
signed by the Declarant. After the Period of Declarant Control, the Association shall have the sole
authority to amend, replace, supersede, or terminate the Declaration, by recording an instrument
in writing signed by a duly authorized officer of the Association, but only after obtaining the
affirmative vote from the Owners of seventy percent (70%) of the Lots. No amendment,
replacement, or termination of the Declaration shall be effective until it has been recorded in the
office of the Clerk and Recorder of Flathead County, Montana.
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 28
ARTICLE 17
NIISCELLANEOUS PROVISIONS
Section 17.1. 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 17.2. 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 17.3. Headings. The headings are included only for purposes of convenient
reference, and they will not affect the meaning or interpretation of this Declaration.
Section 17.4. Waiver. No failure on the part of the Association or the Board to give notice
or 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 17.5. Limitation of Liability. Neither the Declarant, the Association, nor any
partner, officer, manager, director, or member of either the Declarant or the Board will be liable
to any party for any action or for any failure to act with respect to any matter arising by, through
or under the Eagle Valley Ranch Documents if the action or failure was made in good faith. The
Association will indemnify all of the officers, Board members, Architectural Review Committee
members, Declarant, and the Declarant's managers and members with respect to any act taken in
their official capacity to the extent provided in the Eagle Valley Ranch Documents.
Section 17.6. 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 17.7. Assignment. Declarant may assign all or any part of the Special Declarant
Rights or any of Declarant's other rights, obligations, interests, and reservations hereunder to any
successor who takes title to all or part of the Property in a bulk transfer for the purpose of
development and sale. Such successor will be identified, the rights, interests, and reservations
being assigned will be described, 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 Clerk and Recorder of Flathead County, Montana.
Section 17.8. Covenants and Easements Run with the Land. The Covenants and all
easements created and referenced in this Declaration shall run with the land.
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 29
Section 17.9. Notice. All notices required to be delivered hereunder shall be in writing
and shall be delivered by the following methods and deemed effectively delivered as of the date
hereinafter specified: (i) three days after it is deposited in the mail if it is delivered postage prepaid,
(ii) on the date the notice is delivered by a courier service (including Federal Express, Express
Mail, UPS, or similar operation) to the address of the person to whom it is directed, provided it is
sent prepaid, return receipt requested (if available), (iii) on the date sent by electronic mail, with
receipt confirmation requested, and (iv) on the date the notice is handed to the recipient if delivered
in person.
Notice may be delivered to any address of the recipient on file with the Association.
Anyone entitled to receive notice hereunder may, from time to time, change its address for
receiving notices by delivering written notice thereof in the manner outlined above or to a valid
email address for the Association.
IN WITNESS WHEREOF, Declarant has signed this Declaration on the Date shown.
STATE OF MONTANA
ss.
County of Flathead
THE VILLAGE AT EAGLE VALLEY
RANCH, LLC
By:
Nicholas J. Coussoulis, Manager
On the day of , 2022, before me, the undersigned
Notary Public in and for the State of Montana, duly commissioned and sworn, personally appeared
Nicholas J. Coussoulis, Manager of The Village at Eagle Valley Ranch, LLC, known to me to be
the individual described in and who executed the within and foregoing instrument, and
acknowledged that he signed the same as his free and voluntary act and deed, for the uses and
purposes therein mentioned.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Notary Public for the State of Montana
(SEAL) Printed Name:
Residing at:
My Commission Expires:
First Amended and Restated Declaration of Covenants. Conditions, Restrictions
and Easements for Eagle Valley Ranch (Single -Family Residential) 30
After recording return to:
Mark W. Buckwalter, Esq.
Buckwalter Law Firm, PLLC
40 Second Street, #222
Kalispell, MT 59901
DECLARATION OF
COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR
EAGLE VALLEY RANCH (Commercial)
This Declaration of Covenants, Conditions, Restrictions and Easements for Eagle Valley
Ranch (Commercial) (the "Declaration") is made this day of
, 2022, by Spartan Holdings, LLC, a Montana limited liability company,
hereinafter (the "Declarant").
ARTICLE 1
STATEMENT AND PURPOSE AND IMPOSITION OF COVENANTS
Section L L Owner. The Declarant is the owner of the property in Flathead County,
Montana, more particularly described as follows (the "Property"):
Those Lots and real property within the boundaries of the Eagle Valley Ranch
subdivision (Phase 3), according to the official Plat thereof on file and of record in the
official records of Flathead County, Montana.
Section 1.2. Purpose. The purpose of the Declarant in making this Declaration is to
create a development known as Eagle Valley Ranch on the Property (the "Project" or "Eagle
Valley Ranch"). The Eagle Valley Ranch Project is presently planned to include single-family
residential and multi -family, but those components are not covered by this Declaration upon its
execution, but may be at some future time as provided herein.
The Declarant further intends to ensure the attractiveness of the Property, including the
commercial buildings and other improvements constructed on it to prevent any future impairment
of the Property and to guard against the construction on the Property of improvements of improper
or unsuitable materials or with improper quality or methods of construction, to protect and enhance
the values and amenities of the Property; to provide for the operation, administration, use and
maintenance of the common areas within the Property; to preserve, protect and enhance the values
and amenities of the Property; and to promote the health safety and welfare of the owners of the
Property.
Declaration of Covenants. Conditions, Restrictions and Easements for
Eagle Valley Ranch (Commercial) 1
Section 1.3. Imposition of Covenants. To accomplish the purposes indicated above, the
Declarant hereby declares that from the date of recording this Declaration forward, the Property
will constitute a planned community known as Eagle Valley Ranch, and will be held, sold, and
conveyed subject to the following covenants, conditions, restrictions and easements (collectively,
these "Covenants"). These Covenants will run with the land and will be binding upon all persons
or entities having any right, title, or interest in all or any part of the Property (including Declarant)
and their heirs, successors, and assigns, and their tenants, employees, guests, and invitees. These
Covenants will inure to the benefit of each owner of the Property.
ARTICLE 2
DEFINITIONS
The following terms, as used in this Declaration, are defined as follows:
Section 2.1. "Annual Assessment" means the Assessment levied annually pursuant to
Section 9.4
Section 2.2. "Architectural Review Committee" means the committee formed pursuant
to Article 6 to maintain the quality and architectural harmony of improvements in Eagle Valley
Ranch.
Section 2.3. 'Articles" or "Articles of Incorporation" means the Articles of
Incorporation of the Eagle Valley Ranch Property Owner's Association, Inc., a Montana non-profit
corporation, which were filed with the Montana Secretary of State's office on April 14, 2020, as
such Articles may be amended from time to time.
Section 2.4. "Assessments" means the Annual, Special and Default Assessments levied
pursuant to Article 9 to meet the estimated cash requirements of the Association.
Section 2.5. "Association" means the Eagle Valley Ranch Property Owner's
Association, Inc., a Montana non-profit corporation, and any successor of that entity by whatever
name. The Declarant reserves the right to, but is not obligated to, create separate associations of
the multi -family and residential lot owners as well as a master association with over -arching
jurisdiction over the other associations. Declarant reserves the right to structure all associations
of Eagle Valley Ranch Property Owners in the manner Declarant believes best serves the interests
of Eagle Valley Ranch.
Section 2.6. "Building " means any structural improvement on any Lot which is enclosed
fully or partially by exterior walls and used in connection with the Owner's or Occupant's business
activity.
Section 2.7. "Bylaws" means the bylaws of the Association which establish the methods
and procedures of its operation, as such bylaws may be amended from time to time.
Declaration of Covenants. Conditions, Restrictions and Easements for
Eagle Valley Ranch (Commercial)
Section 2.8. "Eagle Valley Ranch Documents" means the basic documents creating and
governing Eagle Valley Ranch, including, but not limited to, this Declaration, the Articles of
Incorporation and Bylaws, the Design Guidelines and any other procedures, rules, regulations or
policies adopted under such documents by the Association, all as may be amended from time to
time.
Section 2.9. "Eagle Valley Ranch Rules" means the rules and regulations adopted by the
Association from time to time.
Section 2.10. "Common Area" means all of the areas shown as parks and common areas,
depicted on the Final Plat or Plats of Eagle Valley Ranch, records of Flathead County, Montana
and any other property in which the Association owns an interest for the common use, benefit and
enjoyment of the Members.
Section 2.11. "Common Expenses" means (i) premiums for the insurance carried by the
Association under Article 9; (ii) all other expenses incurred by the Association in administering,
servicing, conserving, managing, maintaining, repairing or replacing the Common Area and any
Improvements located on it; (iii) all expenses expressly declared to be Common Expenses by the
Eagle Valley Ranch Documents; (iv) all expenses lawfully determined to be Common Expenses
by the Board of Directors; and (v) all expenses to be allocated among the Owners as provided in
Article 9.
Section 2.12. 'Declarant" means Spartan Holdings, LLC, or its successors or assigns,
including any Successor Declarant.
Section 2.13. 'Default Assessment" means any Assessment levied by the Association
pursuant to Section 9.6 below.
Section 2.14. 'Design Guidelines" means the guidelines and rules published and amended
and supplemented from time to time by the Architectural Review Committee.
Section 2.15. 'Development Rights" is defined in Section 11.1.2.
Section 2.16. "Expansion Property" means such additional real property owned at the
time of the execution of this Declaration, or in the future acquired, by Spartan Holdings, LLC, the
Declarant named herein, or any Successor Declarant as such Declarant or Successor Declarant
may make subject to the provisions of this Declaration, by duly recorded Declaration of
Annexation, including, but not limited to lots 15 and 18 on the Plat for Phase One of Eagle Valley
Ranch, and Lots 13, 14, 16 and 17 on the Plat for Phase Two of Eagle Valley Ranch, which lots
are intended for multi -family and/or commercial use and are not covered by this Declaration or
included as part of the Property at the time of execution of this Declaration.
Section 2.17. "Improvement(s)"means all buildings, parking areas, loading areas, fences,
exterior 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
Declaration of Covenants. Conditions, Restrictions and Easements for
Eagle Valley Ranch (Commercial)
limitation, grading, road construction, utility improvements, removal of trees or planting, 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 of a magnitude which
does not change exterior colors or exterior appearances. "Improvement(s)" does include both
original improvements and all later changes and improvements.
Section 2.18. "Lot" means a parcel of land designated as a lot on any Plat of the Property,
except lots 15 and 18 on the Plat for Phase One of Eagle Valley Ranch, which are intended for
multi -family use and are not covered by this Declaration or included as part of the Property at the
time of execution of this Declaration.
Section 2.19. "Maintenance Fund" means the fund created by Assessments and fees
levied pursuant to Article 9 below to provide the Association with the funds required to carry out
its duties under this Declaration.
Section 2.20. "Member" means any person or entity (including a trust) holding
membership in the Association.
Section 2.21. "Mortgage" means a mortgage, deed of trust, Montana trust indenture, deed
to secure debt, or any other form of security instrument secured by real estate.
Section 2.22. "Mortgagee" means a beneficiary or holder of a Mortgage, including the
seller under a contract for deed.
Section 2.23. "Owner" means the owner of record (including Declarant, and including the
most recent contract purchaser, but excluding all contract sellers) whether one or more persons or
entities, of fee simple title to any Lot or, if the Lot is subject to one or more contracts for deed, the
owner of the purchaser's interest in the most recent contract for deed, but "Owner" does not mean
or refer to any person or entity who holds such interest merely as security for the performance of
a debt or other obligation, including a Mortgage, unless and until such person or entity has acquired
fee simple title pursuant to foreclosure or other proceedings.
Section 2.24. "Period of Declarant Control" means 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 date which is forty (40) years later. The Declarant at any time may terminate its
period of control by giving ninety (90) days written notice to the Board of Directors.
Section 2.25. "Person" means a natural person, a corporation, a partnership, a limited
liability company, an association, a trust or any other entity or combination of the foregoing.
Section 2.26. "Plat" means any survey or surveys of all or part of the Property, together
with such other diagrammatic plans and information regarding the Property as may be required by
applicable law, or as may be included in the discretion of Declarant, as each such survey may be
amended and supplemented from time to time, and all as recorded in the office of the Clerk and
Recorder of Flathead County, Montana.
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Eagle Valley Ranch (Commercial) 4
Section 2.27. "Property" means and includes the property described in Section 1.1 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.
below.
Section 2.28. "Special Assessment" means an Assessment levied pursuant to Section 9.5
Section 2.29. "Special Declarant Rights" is defined asset forth in Article 11 below.
Section 2.30. "Successor Declarant" means any person or entity to whom Declarant
assigns any or all of its rights, obligations or interest as Declarant, as permitted by Section 17.7
and evidenced by an assignment or deed of record in the office of the Clerk and Recorder of
Flathead County, Montana, designating such party as a Successor Declarant, signed by the
transferor and the transferee. Upon such recording, Declarant's rights and obligations under the
Declaration will cease and terminate to the extent provided in such document, and all such rights
and obligations shall be transferred to and assumed by the Successor Declarant to the extent
provided in such document.
ARTICLE 3
EXPANSION AND PLAT
Section 3. L Development Rights. Declarant reserves the right to exercise all
Development Rights in connection with the Eagle Valley Ranch subdivision in accordance with
Article 11 below.
Section 3.2. Declaration of Boundaries. The boundaries of each Lot are delineated on
the Plat, and each Lot is identified by the number noted on the Plat.
Section 3.3. Plat. The Plat will be filed for record in the office of the Clerk and Recorder
of Flathead County, Montana. The Plat may be filed as a whole or as a series of Plats from time
to time.
ARTICLE 4
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
Section 4.1. Membership. Every Owner, by virtue of being an Owner, and for so long as
he is an Owner, will be a Member of the Association. Membership will be appurtenant to and may
not be separated from ownership of any Lot. No Owner, whether one or more persons, will have
more than one membership per Lot owned, but all of the persons owning each Lot will be entitled
to rights of membership and of use and enjoyment appurtenant to such ownership. The Declarant
shall be considered an Owner and shall be a Member of the Association with all of the same
privileges of the other Owners and Members, except that Declarant shall have such additional
Declaration of Covenants. Conditions, Restrictions and Easements for
Eagle Valley Ranch (Commercial)
rights as provided in this Declaration. For purposes of assessments, the Declarant shall be exempt
from all forms of assessments imposed pursuant to this Declaration.
Section 4.2. Transfer of Membership. An Owner may not transfer, pledge or alienate his
membership in the Association in any way except upon the sale or encumbrance of his Lot, and
then only to the purchaser or Mortgagee of his Lot.
Section 4.3. Classes of Membership. The Association will have two classes of voting
membership. One class is composed only of the Declarant, which class (and Member) shall be the
only one entitled to vote during the Period of Declarant Control. The other class is composed of
all Owners, including Declarant, and shall have voting rights in the Association and under this
Declaration after the Period of Declarant Control, provided that the Declarant shall have such
additional rights and responsibilities as expressly provided in this Declaration.
Section 4.4. Voting Rights. All Members entitled to vote shall be entitled to one vote on
the Association matters on the basis of one vote for each Lot owned. When more than one person
or entity is an Owner of the same Lot, all such persons or entities will be Members, but they may
collectively cast only one vote for each Lot with such vote to be cast in such manner as those
multiple Owners may determine among themselves.
Section 4.5. Appointment of Officers and Directors by Declarant. Until the expiration
of the Period of Declarant Control, Declarant shall retain the exclusive powers to vote for, appoint,
designate, remove and replace Directors and officers of the Association.
ARTICLE 5
POWERS AND DUTIES OF THE ASSOCIATION
Section 5.1. Association Management Duties. Subject to the rights and obligations of
Declarant as set forth in this Declaration, the Association will be responsible for the administration
and operation of the Association and for all matters as provided in the Eagle Valley Ranch
Documents. The Board of Directors will exercise for the Association all power, duties and
authority vested in or obligated to be taken by the Association and not reserved to Declarant or the
other Members by this Declaration, or by other applicable law.
Section 5.2. Common Area.
5.2.1. Conveyance by Declarant. On or before the expiration of the Period of
Declarant Control, Declarant will convey to the Association, by written instrument recorded with
the Clerk and Recorder of Flathead County, Montana, the Common Area located on the Property.
5.2.2. Use of Common Area. The Common Area generally is designated by this
Declaration for the common use, benefit and enjoyment of the Owners, tenants, employees, guests
and invitees.
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5.2.3. Association's Responsibility for Common Area. The Association, subject to
the rights and obligations of the Owners set forth in this Declaration, will be responsible for the
management, maintenance and control of the Common Area.
5.2.4. Association's Agreements Regarding Common Area. The Association,
acting through the Board of Directors, may grant easements, right-of-way, leases, licenses and
concessions through or over the Common Area without the independent approval by the Owner.
Without limiting the generality of the foregoing, the Association may grant such rights to suppliers
of utilities serving the Project or property adjacent to the Project, and to developers or owners of
property adjacent to the Project for the purpose of accommodating minor encroachments onto the
Common Area or other purposes that do not unreasonably interfere with the use and enjoyment of
the Common Area by the Owners.
Section 5.3. Delegation by the Association.
5.3.1. Committees. The Association may delegate any of its rights, duties or
responsibilities to any committee or other entity (in addition to the Architectural Review
Committee) that the Board may choose to form.
5.3.2. Limitation. Any delegation by the Board under this Section is subject to
compliance with the Bylaws and the requirement that the Board, when so delegating, will not be
relieved of its responsibilities under the Eagle Valley Ranch Documents.
Section 5.4. Books and Records. The Association will make available for inspection by
Owners and Mortgagees, upon request, during normal business hours or under other reasonable
circumstances, current copies of the Eagle Valley Ranch Documents, and the books, records, and
financial statements of the Association prepared pursuant to the Bylaws.
Section 5.5. Successor to Declarant. The Association will succeed to all of the rights,
duties and responsibilities of the Declarant under this Declaration upon termination of the Period
of Declarant Control.
ARTICLE 6
ARCHITECTURAL REVIEW COMMITTEE
Section 6. L Committee. There is hereby established an Architectural Review Committee
("ARC"), which will be responsible for the review and approval of all proposed Improvements on
the Lots.
Section 6.2. Committee Membership. The ARC will be composed of three or more
persons. All of the members of the ARC will be appointed, removed, and replaced by Declarant,
in its sole discretion, until the expiration of the Period of Declarant Control or such earlier time as
Declarant may elect to voluntarily waive this right by notice to the Association, and at that time
the Board of Directors will succeed to Declarant's right to appoint, remove, or replace the members
of the ARC. Members of the ARC are not required to be Members of the Association.
Declaration of Covenants. Conditions, Restrictions and Easements for
Eagle Valley Ranch (Commercial)
Section 6.3. Purpose and General Authority. All plans ("Plans") for the construction,
remodeling, reconstruction, or alteration of any Building, road or driveway, parking area, fence,
wall or other structure or improvement upon any Lot ("Construction") shall be submitted to and
must have written approval from the ARC before beginning Construction, except for any
Construction that is completely within the interior of a Building already built. The Plans shall
include but not be limited to front, side, and rear elevations, floor plans for each floor, exterior
color schemes, a block or plot plan indicating and fixing the exact location of the Improvement,
and architectural drawings. All improvements will be constructed only in accordance with
approved plans.
In the event the proposed improvement shall be one for repainting or redecorating the
exterior of a Building or other structure without remodeling or changing it, it shall only be
necessary to file one color and redecorating scheme of such proposed work and have the same
approved by the ARC prior to the commencement of such work.
Section 6.4. Design Guidelines. The ARC may publish Design Guidelines which set
forth the procedures and criteria for review of Improvements to be constructed on any Lot, and for
review of landscaping plans. Failure to follow procedures or criteria set forth in the current
published Design Guidelines shall form an adequate basis for rejection of the submitted site plan
and elevations; provided, however, that this requirement shall not be construed as preventing the
Declarant or the ARC, at their option, from waiving or amending the Design Guidelines at any
time or with respect to any application. Failure to follow such procedures or criteria set forth in
the Design Guidelines shall also be deemed a breach of this Declaration by such Owner and shall
entitle the Association or the ARC to exercise and pursue the rights and remedies provided herein
with respect to such breach.
Section 6.5. Failure to Act. In the event the ARC fails to approve or disapprove the
design, location, material, color and exterior finish of proposed Improvements within thirty days
after the detailed site plan and elevations have been submitted to it, approval shall not be required
and such Owner shall be deemed in compliance with this Article. Any plans, elevations and
proposals so approved, either expressly in writing or by the expiration of the thirty day period
herein above provided, shall then permit the Owner to commence construction in accordance with
said plans and elevations, but any deviation from said plans and elevations which in the judgment
of said ARC is a substantial detriment to the appearance of the structure or of the surrounding area
shall be corrected to conform with the plans and elevations as submitted.
Section 6.6. Committee Discretion. The ARC will exercise its best judgment to see that
all Improvements conform and harmonize with any existing structures as to external design,
quality and type of construction, materials, color, location on the Lot, height, grade and finished
ground elevation, and the schemes and aesthetic considerations set forth in the Design Guidelines
and the other Eagle Valley Ranch Documents. The ARC, in its sole discretion, may excuse
compliance with such requirements as are not considered necessary or appropriate in specific
situations and may permit compliance with different or alternative requirements.
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Section 6.7. Binding Effect. The actions of the ARC in the exercise of its discretion by
its approval or disapproval of plans and other information submitted to it, or with respect to any
other matter before it, will be conclusive and binding on all interested parties.
Section 6.8. Organization and Operation ofARC.
6.8.1. Term. The term of office of each member of the ARC will be one year,
commencing January 1 of each year, and continuing until his successor shall have been appointed.
Should an ARC member die, retire or become incapacitated, or in the event of a temporary absence
of a member, a successor may be appointed as provided in Section 6.2.
6.8.2. Chairman. So long as Declarant appoints the ARC, Declarant will appoint
the chairman. At such time as the ARC is appointed by the Board of Directors, the chairman will
be elected annually from among the members of the ARC by a majority vote of the members
thereof. In the absence of a chairman, the party responsible for appointing or electing the chairman
may appoint or elect a successor, or if the absence is temporary, an interim chairman.
6.8.3. Operations. The ARC chairman will take charge of and conduct all
meetings and will provide for reasonable notice to each member of the ARC prior to any meeting.
The notice will set forth the time and place of the meeting, and notice may be waived by any
member.
6.8.4. Voting. The affirmative vote of a majority of the members of the ARC will
govern its actions and be the act of the ARC.
Section 6.9. Other Requirements. Compliance with the Eagle Valley Ranch architectural
review process is not a substitute for compliance with City of Kalispell building, zoning and
subdivision regulations, and each Owner is responsible for obtaining all approvals, licenses, and
permits as may be required prior to commencing construction.
Section 6.10. Enforcement.
6. 10. 1. Inspection. Any member or authorized consultant of the ARC, or any
authorized officer, Director, employee or agent of the Association may enter upon any Lot at any
reasonable time after notice to the Owner, without being deemed guilty of trespass, in order to
inspect Improvements constructed or under construction on the Lot to determine whether the
Improvements have been or are being built in compliance with the Eagle Valley Ranch Documents
and the plans and specifications approved by the ARC.
6.10.2. Deemed Nuisances. Every violation of these Covenants is hereby declared
to be and to constitute a nuisance, and every public or private remedy allowed for such violation
by law or equity against a Member will be applicable. Without limiting the generality of the
foregoing, these Covenants may be enforced as provided below.
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Eagle Valley Ranch (Commercial) 9
(i) Fines for Violations. The ARC may adopt a schedule of fines for
failure to abide by the ARC rules and the Design Guidelines, including fines
for failure to obtain any required approval from the ARC.
(ii) Injunction for Removal of Nonconforming Improvements. The
Association may, upon request of the ARC and after reasonable time after
notice to the Owner, seek an injunction or other judicial relief to remove
any Improvement constructed, reconstructed, refinished, altered, or
maintained in violation of these Covenants. The Owner of the
Improvements waives any requirement for the Association to post a bond in
connection with the granting of an injunction. The Owner of the
Improvement will immediately reimburse the Association for all expenses
incurred in connection with the exercise of such remedy, including but not
limited to attorney and legal assistant fees. If the Owner fails to reimburse
the Association within 30 days after the Association gives the Owner notice
of the expenses, the sum owed to the Association will bear interest at the
maximum rate permitted under Montana law from the date the expense was
incurred by the Association through the date of reimbursement in full, and
all such sums and interest will be a Default Assessment enforceable as
provided in Article 9.
Section 6.11. Continuity of Construction. All Improvements commenced on the Property
will be prosecuted diligently to completion. If an Improvement is commenced and construction is
then abandoned for more than ninety days, or if construction is not completed within one (1) year
from the date of approval of the Plans, then after notice and opportunity for hearing as provided in
the Bylaws, the Association may impose a fine of not more than $50.00 per day to be charged
against the Owner of the Lot until construction is resumed, or the Improvements are completed, as
applicable.
Section 6.12. Standard of Review; Non -liability for Approval or Disapproval. In
reviewing any Plans, the ARC may consider without limitation:
(a) Suitability of the Construction and materials to the site upon which it is to
be located;
(b) The nature of what has already been constructed or otherwise exists on the
adjacent or neighboring property;
(c) The quality of the materials to be utilized in any proposed Construction;
(d) The effect of any proposed Construction on the adjacent or neighboring
property;
Declaration of Covenants. Conditions, Restrictions and Easements for
Eagle Valley Ranch (Commercial) 10
(e) Whether the Construction will be so similar or so dissimilar to other
property in the vicinity that values, monetary or aesthetic, may be impaired;
and
(f) The character of the area.
In reviewing the Plans, the ARC assumes no responsibility and/or liability for engineering
design, including, but not limited to, structural engineering, or compliance with zoning and
building codes or laws. The ARC, the Declarant, the Board of Directors and any members,
officers, directors, employees, agents, attorneys, consultants and independent contractors shall
each not be liable in damages or otherwise for any reason including, but not limited to, any mistake
in judgment, negligence, or nonfeasance arising out of or in connection with the review, approval
or disapproval of any Plans.
ARTICLE 7
PROPERTY USE RESTRICTIONS
Section 7. L General Restriction. The Property will be used only for commercial
purposes, specifically excluding any residential and any marijuana commercial use, as set forth in
these Covenants, as permitted by the applicable regulations of the City of Kalispell, and the laws
of the State of Montana and the United States, and as set forth in the Eagle Valley Ranch
Documents or other specific recorded covenants affecting all or any part of the Property.
Section 7.2. Further Subdivision. Other than Lots owned by the Declarant, no Lot shall
be further subdivided.
Section 7.3. Landscaping, Drainage, Grading and Irrigation. Immediately after
construction, all disturbed ground must be landscaped. All lots must have underground irrigation
systems. Buildings should be designed to fit the existing topography of the property without
excessive manipulation of the site by cut or fill. Changes in the natural grade by cutting or filling
for buildings, parking areas, loading areas, fences, exterior walls, hedges, plantings, lighting, poles,
driveways, roads, ponds, lakes, trails, gates, and signs must be kept to a minimum to preserve the
existing landform. Owners shall be responsible for irrigation, maintenance and upkeep of all
boulevards that are adjacent to their property.
General siting and grading principles are as follows:
• The finish grade around the Building and any site walls should remain as close as
possible to the original natural grade.
• Grading may be done outside the landscaping for driveway access and site drainage.
• Screen walls, walls not supporting a building structure or retaining earth, may not
exceed five (5) feet in height measured from finish grade along the exterior side of
the enclosure.
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Eagle Valley Ranch (Commercial) 11
A landscaping plan for each building Lot shall be submitted to the ARC for approval.
Landscaping of the entire Lot shall be complete within 90 days of Building completion or unless
otherwise approved by the ARC in writing.
In the event that soil must be imported or exported from the Lot, the Lot Owner will be
responsible for this cost. Import soils scheduled for use as landscape topsoil may be subject to an
agricultural soil analysis at the discretion of the ARC.
Drainage of individual properties must work with the existing topography and be directed
toward the natural open space or drainage systems, developed in conjunction with the roadways.
Section 7.4. Signs. All signs shall comply with applicable City of Kalispell Ordinances.
All identity signage shall be submitted to the Declarant, the ARC, and the City for review and
approval.
(a) All identity signage not attached to the building shall be setback a minimum of
fifteen (15) feet from the property line. Signs shall by incorporated into the
landscape plan. Sign material shall be as specified by the Declarant, the ARC and
the City. Maximum size overall shall not exceed five (5) feet in height or fifty (50)
square feet in area.
(b) All identity signage attached to the building shall be incorporated into the building
architecture and shall be presented for approval with the architectural plans. Signs
may not exceed ten percent (10%) of the square feet contained in the wall to which
they are affixed. In addition, signs may not extend above the roof parapet line or
project more than eighteen (18) inches from the face of the building.
(c) There shall be no more than one exterior freestanding sign for each Lot, unless
otherwise expressly approved by the Declarant, the ARC and the City for good
cause shown.
(d) Flashing signs are expressly prohibited.
Section 7.5. Parking. Each Lot shall be provided with off-street automobile parking as
follows:
USE REQUIREMENT
Office Five (5) spaces plus one (1) space for each 300
square feet of floor area over 1,000 square feet.
Manufacturing Two (2) spaces for each three (3) employees or two
(2) spaces for each 1,000 square feet of floor space.
No parking will be permitted on any street, driveway or any other place in Eagle Valley
Ranch or on any Lot other than in an approved parking space. With the exception of construction
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Eagle Valley Ranch (Commercial) 12
trailers in use on the Lot, overnight parking of campers, mobile homes, boats, trailers and similar
vehicles is prohibited.
Shared parking and access between Lots is encouraged to improve business access and
reduce the number of curb cuts.
Parking lot plans and configuration shall be reviewed and subject to approval by the ARC
and the City.
All parking surfaces, roadways and driveways shall be paved with an asphalt or concrete
surface. Curb and gutters shall be placed along the borders of all permanent parking areas and
permanent driveways.
Section 7.6. Maintenance. All Improvements located on any Lot shall be maintained in
the same condition as at the time of initial construction, normal wear and tear excepted. All
Improvements shall be preserved and of a pleasant appearance by maintaining paint, stain or sealer
as needed. If any Improvement or landscaping is damaged or destroyed, the Owner shall promptly
rebuild, repair and restore it to its appearance and condition prior to the casualty. Reconstruction
or repair shall be completed within nine months of any casualty that damaged or destroyed the
Improvement or landscaping.
Section 7.7. Garbage and Refuse Containers. Garbage and refuse containers shall be
screened from view with appropriate enclosures. All such storage areas shall have concrete floors
and approach, and shall be sufficient in size to contain all refuse generated on each Lot.
Section 7.8. Utilities and Lighting. All utilities shall be buried underground. Exterior
lighting shall not be directed at neighboring Lots or impair the neighbors' use or enjoyment of their
Lots.
Section 7.9. Roof Mounted Equipment. Roof mounted equipment shall be so located
and/or screened and/or painted to minimize visibility from streets and adjacent Lots. Solar panels
and other alternative energy devices shall be reviewed on an individual basis.
Section 7.10. Fencing. No fences shall be constructed on any Lot without prior written
approval by the ARC. Fencing shall be constructed only of permanent materials such as pressure
treated wood or masonry, and shall require prior written approval by the ARC in every instance.
This requirement is in addition to any requirements that may be established by City ordinances.
Section 7.11. Landscape Maintenance and Irrigation. All landscaping shall be
maintained and shall not be allowed to become unsightly. Lawns shall be mowed on a regular
basis. All weeds, including noxious weeds, shall be eradicated or controlled and all Owners shall
fully comply with state and local law regarding the control and eradication of noxious weeds.
Undeveloped Lots must be mowed at least twice each year and may not be used as a dumping area
for trimmings or grass clippings.
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Eagle Valley Ranch (Commercial) 13
Section 7.12. Garbage. No Lot shall be used or maintained as a dump site or storage
ground for rubbish, trash, garbage, junk vehicles, equipment or other waste. All garbage and other
waste shall be removed as reasonably necessary.
ARTICLE 8
OWNER'S OBLIGATIONS FOR MAINTENANCE
Section 8. L Owner's Responsibility for Lot. All maintenance of a Lot and the
Improvements located on it will be the sole responsibility of the Owner of the Lot. The Association
may, 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 is
not satisfactory. 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 the Board 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 at
the maximum rate permitted under Montana law from the date of the expenditure until payment in
full.
Section 8.2. Owner's Negligence. If the need for maintenance, repair or replacement of
any portion of the Common Area (including Improvements located on it) arises because of the
negligent or willful act or omission of an Owner or his customer, 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 thirty (30) days after the notice to the Owner of the amount owed, then those expenses will
bear interest at the maximum rate permitted under Montana law from the date of the advance by
the Association until payment by the responsible Owner is paid in full.
ARTICLE 9
ASSESSMENTS
Section 9.1. Annual Assessments. The Association shall fix, levy, collect and enforce
assessments for maintenance of the Common Areas, assessments as further defined in the Eagle
Valley Ranch Documents, and assessments to cover all costs and expenses of the Association.
Said Assessments shall be based on a budget, as may be adjusted from time to time. All Members
shall be entitled to copies of Association records for the purposes of verifying assessments for
accuracy and consistency with the Eagle Valley Ranch Documents.
Section 9.2. Creation of Lien. In the event any assessment, cost, expense, or other
amount charged against a Lot or any Owner thereof is not paid in full within thirty (30) days from
when the notice of assessment was delivered ("Delinquent Charge"), the Delinquent Charge shall
be a charge upon and constitute a lien in favor of the Association against the Lot, which lien shall
attach and take effect upon recordation by the Association of a lien in the real estate records of
Flathead County, Montana.
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Eagle Valley Ranch (Commercial) 14
Notwithstanding the ownership of any Lot, the Declarant shall not be obligated to pay any
of the Assessments described in this Declaration.
Each Assessment, together with fines, interest, costs, and reasonable attorney's fees and
costs, will also be the personal and individual obligation of the Owner of such Lot as of the time
the Assessment falls due, and two or more Owners of a Lot will be jointly and severally liable for
such obligations. No Owner may exempt himself from liability for any Assessments by
abandonment of his Lot or by waiver of the use or enjoyment of the Common Area. Suit to recover
a money judgment for unpaid Assessment and related charges as listed above may be maintained
without foreclosing or waiving the Assessment lien provided in this Declaration.
Section 9.3. Purpose ofAssessments. The Assessments levied by the Association will be
used for all purposes provided for in the Eagle Valley Ranch Documents, including but not limited
to promoting the recreation, health, safety and welfare of the Owners and occupants of the Eagle
Valley Ranch.
Section 9.4. Annual Assessments.
9.4.1. Calculation of Annual Assessments. The Board of Directors will prepare a
budget before the close of each fiscal year of the Association. Annual Assessments for Common
Expenses will be based upon the estimated net cash flow requirements of the Association to cover
items including, without limitation, the cost of routine maintenance, repair and operation of the
Common Area; and premiums for insurance coverage as deemed desirable or necessary by the
Association; snow removal, landscaping, care of grounds and common lighting within the
Common Area; routine renovations within the Common Area; wages; common water and utility
charges for the Common Area; legal and accounting fees; expenses and liabilities incurred by the
Association under or by reason of this Declaration; payment of any deficit remaining from a
previous Assessment period; and the supplementing of the reserve fund for general, routine
maintenance, repairs and replacement of improvements within the Common Area on a periodic
bases, as needed.
9.4.2. Collection. Annual Assessments will be collected in periodic installments
as the Board may determine from time to time; but until the Board directs otherwise, they will be
payable annually in advance on the date determined by the Board. The omission or failure of the
Association to fix the Annual Assessment period will not be deemed a waiver, modification or
release of the Owners from their obligation to pay the same.
Section 9.5. Special Assessments.
9.5.1. Determination by Board. The Board of Directors may levy, in any fiscal
year, one or more Special Assessments, applicable to that year only, for the purpose of defraying,
in whole or in part, the cost of any construction or reconstruction, repair or replacement of a
described capital improvement upon the Common Area, including the necessary fixtures and
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Eagle Valley Ranch (Commercial) 15
personal property related thereto, or, after adopting and submitting a revised budget to the
Association as may be required to make up any shortfall in the current year's budget.
9.5.2. Apportionment and Collection of Special Assessments. The Board will
apportion Special Assessments among the Lots and collect payment according to the same
guidelines as set forth for Annual Assessments in Section 9.4.2.
9.5.3. Notice. Notice of the amount and due dates for such Special Assessments
must be sent to each Owner at least 30 days prior to the due date.
Section 9.6. Default Assessments. All monetary fines, penalties, interest or other charges
or fees (excluding Annual and Special Assessments) levied against an Owner pursuant to the Eagle
Valley Ranch Documents, or any expense of the Association which is the obligation of an Owner
or which is incurred by the Association on behalf of the Owner pursuant to the Eagle Valley Ranch
Documents, and any expense (including without limitation attorneys' fees and costs) incurred by
the Association as a result of the failure of an Owner to abide by the Eagle Valley Ranch
Documents, constitutes a Default Assessment, enforceable as provided in this Declaration below.
Section 9.7. General Remedies of the Association for Nonpayment of Assessment. Any
installment of an Annual Assessment, Special Assessment or Default Assessment which is not
paid within thirty (30) days after its due date will be delinquent. In the event that an installment of
an Annual Assessment or Special Assessment becomes delinquent, or in the event any Default
Assessment is established under this Declaration, the Association, in its sole discretion, may take
any or all of the following actions:
9.7.1. Assess a late charge for each delinquency at uniform rates set by the Board
of Directors from time to time;
9.7.2. Charge interest from the date of delinquency at the maximum rate permitted
under Montana law;
9.7.3. Suspend the voting rights of the Owner during any period of delinquency;
9.7.4. Accelerate all remaining Assessment installments for the fiscal year in
question so that unpaid Assessments for the remainder of the fiscal year will be due and payable
at once;
9.7.5. Bring an action at law or equity against any Owner personally obligated to
pay the delinquent Assessment charges;
9.7.6. File a statement of lien on the Lot and foreclose as set forth in more detail
below.
Declaration of Covenants. Conditions, Restrictions and Easements for
Eagle Valley Ranch (Commercial) 16
9.7.7. For a delinquent Assessment related to the provision of utilities, the utility
service to the Lot may be suspended after giving the Owner ten (10) days written notice that the
service will be suspended unless the delinquent Assessment is paid.
The remedies provided under this Declaration will not be exclusive, and the Association may
enforce any other remedies to collect delinquent Assessments as may be provided by law.
Section 9.8. Assessment Lien. Any Assessment chargeable to a Lot will constitute alien
on the Lot, effective the due date of the Assessment. To evidence the lien, the Association may,
but will not be obligated to, prepare a written lien statement with respect to the Lot, setting forth
the name of the Owner, the legal description of the Lot, the name of the Association, and the
delinquent Assessment amounts then owing. Any such statement will be duly signed and
acknowledged by an officer or Director of the Association and will be served upon the Owner of
the Lot by mail to the address of the Lot or at such other address as the Association may have in
its records for the Owner.
Section 9.9. Successor 's Liability for Assessment. All successors to the fee simple title
of a Lot, except as provided in Section 9.10, will be jointly and severally liable with the prior
Owner or Owners thereof for any and all unpaid Assessments, interest, late charges, costs,
expenses, and attorney's and legal assistants' fees against such Lot without prejudice to any such
successor's right to recover from any prior Owner any amounts paid by such successor.
Section 9.10. Exempt Property. The following portions of the Property will be exempt
from the Assessments, charges, and liens created under the Declaration:
9.10.1. Any Lot owned by Declarant; and
9.10.2. Common Areas.
Section 9.11. Statement of Status of Assessments. The Association will furnish to an
Owner or his designee or to any Mortgagee, within fourteen days of request, a statement setting
forth the amount of unpaid Assessments then levied against the Lot in which the Owner, designee
or Mortgagee has an interest.
Section 9.12. Failure to Assess. The omission or failure of the Board to fix the
Assessment amounts or rates or to deliver or mail to each Owner an Assessment notice will not be
deemed a waiver, modification or a release of any Owner from the obligation to pay Assessments.
In such event, each Owner will continue to pay Annual Assessments on the same bases as for the
last year for which an Assessment was made until a new Assessment is made, at which time any
shortfalls in collections may be assessed retroactively by the Association.
Declaration of Covenants. Conditions, Restrictions and Easements for
Eagle Valley Ranch (Commercial) 17
ARTICLE 10
PROPERTY RIGHTS OF OWNERS
Section 10.1. Owner's Easements ofAccess and Enjoyment. Every Owner has a perpetual,
non-exclusive easement for ingress, egress and utilities to and from his Lot and for the use and
enjoyment of the Common Area, which easement is appurtenant to and will pass with the title to
every Lot, subject to the provisions set forth in this Declaration.
Section 10.2. Delegation of Use. Any Owner may delegate, in accordance with the Eagle
Valley Ranch Documents, its rights of access and enjoyment described in Section 10.1 above to
its tenants, employees, customers, guests or invitees.
Section 10.3. Easements of Record and of Use. The Property will be subject to all
easements shown on any recorded Plat and to any other easements of record or of use as of the
date of recordation of this Declaration.
ARTICLE 11
SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS
Section 11.1. General Provisions. Until the expiration of the Period of Declarant Control,
Declarant will have the following Special Declarant Rights:
11.1.1. Completion of Improvements. The right to complete Improvements as
indicated on any Plat filed with respect to the Property.
11.1.2. Development Rights. The right to exercise all Development Rights in
connection with the development of the Eagle Valley Ranch Project, including without limitation
the right or combination of rights hereby reserved by Declarant, as follows: (i) the right to create
Lots and Common Area on the Property; (ii) the right to subdivide Lots, combine Lots, and convert
Lots into Common Area on any part of the Property; (iii) the right to withdraw real property from
Eagle Valley Ranch; (iv) the right to annex all or part of the Expansion Property to the Project, in
accordance with Article 12; and/or (v) the right to do all things necessary to complete the Project
consistent with law.
11.1.3. Sales Activities. The right to maintain sales and management offices, and
signs advertising Eagle Valley Ranch.
11.1.4. Easements. The right to use easements through the Common Area on the
Property for the purpose of making, utilizing, and operating Improvements on the Property.
11.1.5. Association Directors andOfficers. The right to vote for, appoint, designate,
remove, and replace any officer or Director of the Association, as provided in this Declaration or
the Bylaws.
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Eagle Valley Ranch (Commercial) 18
11.1.6.Order of Exercise of Declarant's Rights. Declarant makes no
representations and gives no assurances regarding the legal description of the boundaries of any
future phases of the Project or the order or time in which the future phases of the Project may be
developed or incorporated into Eagle Valley Ranch, or whether or to what extent any of the
Expansion Property will be developed or incorporated into the Project. Further, the fact that
Declarant may exercise one or more of Declarant's Development Rights or other Special Declarant
Rights on one portion of the Property or Expansion Property will not operate to require Declarant
to exercise a Development Right or other Special Declarant Right with respect to any other portion
of the Property or Expansion Property.
Section 11.2. Supplemental Provisions Regarding Declarant's Rights. Without limiting
the generality of the foregoing, certain of these Special Declarant rights are explained more fully
in this Article below. Further, Declarant reserves the right to amend this Declaration and any Plat
(including, without limitation, easements created thereby) in connection with the exercise of any
Development Right or any other Special Declarant Right, and Declarant also reserves the
additional rights retained for the benefit of Declarant in this Article and in other provisions of this
Declaration. The Declarant further reserves the right to, but is not obligated to, create separate
associations of the multi -family and residential lot owners as well as a master association with
over -arching jurisdiction over the other associations. Declarant reserves the right to structure all
associations of Eagle Valley Ranch property Owners in the manner Declarant believes best serves
the interests of Eagle Valley Ranch.
Section 11.3. Utility Easements. There is hereby created an easement upon, across, over,
in, and under the Common Area, roadways and the areas designated on the final Plat or Plats of
Eagle Valley Ranch as utility easements for the installation, replacement, repair and maintenance
of all utilities, including but not limited to water, sewer, gas, telephone, electrical, television and
other communications systems. By virtue of this easement, it will be expressly permissible and
proper for the companies providing utility services to install and maintain necessary equipment on
and under the Common Area, the private roadways and the areas designated on the final Plat of
Eagle Valley Ranch as utility easements and to affix and maintain utility pipes, wires, circuits,
conduits and other equipment under those areas. Any utility company using this easement will use
its best efforts to install and maintain the utilities provided for without disturbing the uses of the
Owners, the Association and Declarant; will prosecute its installation and maintenance activities
as promptly and expeditiously as reasonably possible; and will restore the surface to its original
condition as soon as possible after completion of its work. Should any utility company furnishing
a service covered by the easement granted above request a specific easement by separate
recordable document, either Declarant or the Association, will have, and are hereby given, the
right and authority to grant such easement upon, across, over, in or under any part or all of the
Common Area, the private roadways and the areas designated on the final Plat or Plats of Eagle
Valley Ranch as utility easements without conflicting with the terms of this Declaration. This
easement will in no way effect, avoid, extinguish, or modify any other recorded easement on the
Property.
Section 11.4. Reservation for Expansion and Construction. Declarant hereby reserves for
itself and its successors and assigns and for Owners in all Expansion Property and future phases
Declaration of Covenants. Conditions, Restrictions and Easements for
Eagle Valley Ranch (Commercial) 19
of Eagle Valley Ranch, a perpetual easement and right-of-way for access over, upon, in, under,
and across the Property for construction, utilities, drainage, ingress and egress, and for use of the
Common Area. 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 declaration or
otherwise, utility, drainage, ingress and egress, and other easements over and across the Common
Areas, and to create other reservations, exemptions, and exclusions convenient or necessary for
the use and operation of any other property of the Declarant. The location of these easements may
be made certain by Declarant or the Association by instruments recorded in Flathead County,
Montana.
Section 11.5. Reservation of Easements, Exceptions and Exclusions for Utilities,
Infrastructure, and Access. Declarant reserves for itself and its successors and assigns and hereby
grants to the Association, acting through the Board of Directors, the concurrent right to establish
from time to time, by declaration or otherwise, utility and other easements, permits, or licenses
over the Common Area, for purposes including but not limited to streets, paths, walkways,
drainage, recreational areas and parking areas, and to create other reservations, exceptions, and
exclusions in the interest of the Owners and the Association.
Section 11.6. 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 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 the Eagle Valley Ranch Documents.
Section 11.7. Drainage 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 to enter upon, across, over, in, and under 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 Owner, 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.
Section 11.8. Declarant's Rights Incident to Construction. Declarant, for itself and its
successors and assigns, hereby retains a right and easement of ingress and egress over, in, upon,
under and across the Common Area 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 Spartan Holdings, LLC or any Successor
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 the
Owner or his family, tenants, employees, guests or invitees.
Declaration of Covenants. Conditions, Restrictions and Easements for
Eagle Valley Ranch (Commercial) 20
Section 11.9. 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 12
EXPANSION AND WITHDRAWAL
Section 12. L Reservation of Right to Expand. Declarant reserves the right during the
Period of Declarant Control, 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.
Section 12.2. Declaration of Annexation. Any expansion of the Project may be
accomplished by recording a Declaration of Annexation and, when appropriate, one or more
supplemental Plats in the records of the Clerk and Recorder of Flathead County, Montana, before
the expiration of the Period of Declarant Control. The Declaration of Annexation will describe
the real property to be expanded, submitting it to these Covenants and, as applicable, provide for
voting rights in the Association and Assessment allocations as determined in Declarant's sole
discretion. Such Declaration of 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 of Annexation in the real estate records of Flathead County, Montana,
unless otherwise provided therein. The expansion may be accomplished in stages by successive
supplements or in one supplemental expansion.
Upon the recordation of any such Declaration of Annexation, the definitions used in this
Declaration will be expanded automatically to encompass and refer to Eagle Valley Ranch as
expanded. Such Declaration of Annexation may add supplemental covenants peculiar to the
Expansion Property in question, or delete or modify provisions of this Declaration as it applies to
the Expansion Property added. However, this Declaration may not be modified with respect to that
portion of the Property already subject to this Declaration, except as provided in this Declaration
for amendment.
ARTICLE 13
INSURANCE
Section 13.1. Authority to Purchase. All insurance policies relating to the Common Area
will be purchased by the Board of Directors or its duly authorized agent. The Board of Directors
and the Declarant will not be liable for failure to obtain any coverage required by this Article or
for any loss or damage resulting from such failure if such failure is due to the unavailability of
such coverage from reputable insurance companies, or if such coverage is available only at
demonstrably unreasonable costs.
Declaration of Covenants. Conditions, Restrictions and Easements for
Eagle Valley Ranch (Commercial) 21
Section 13.2. General Insurance Provisions. All such insurance coverage obtained by the
Board of Directors will be governed by the following provisions:
13.2.1. As long as Declarant owns any Lot, Declarant, and Declarant's members,
managers, officers, directors, shareholders, trustees, and other persons designated by Declarant,
will be protected by all such policies in the same manner as any other Owner.
13.2.2. The deductible, if any, on any insurance policy purchased by the Board of
Directors may be treated as a Common Expense payable from Annual Assessments or Special
Assessments (allocable to all of the Lots or to only some of the Lots, if the claims for damages
arise from the negligence of particular Owners, or if the repairs benefit only particular Owners),
or as an item to be paid from working capital reserves established by the Board of Directors.
Section 13.3. Physical Damage Insurance on Common Area. The Association will obtain
insurance for such insurable Improvements and with such coverages, limits, deductibles and other
terms and conditions as the Board may determine from time to time.
Section 13.4. Liability Insurance. The Association may obtain a comprehensive policy of
public liability insurance and property damage insurance with such coverage and limits as the
Board of Directors may from time to time determine, insuring each member of the Board of
Directors, the Association, and the respective employees, agents, and all persons acting as agents
against any liability to the public or the Owners (and their guests, invitees, tenants, agents and
employees) arising in connection with the ownership, operation, maintenance or use of the
Common Area and streets and roads within Eagle Valley Ranch and any other areas under the
control of the Association. Declarant will be included in the coverage as an additional insured in
Declarant's capacity as an Owner or Director.
ARTICLE 14
ENFORCEMENT OF COVENANTS
Section 14.1. Violations Deemed a Nuisance. Every violation of this Declaration or any
other violation of the Eagle Valley Ranch Documents is deemed to be a nuisance and is subject to
all the remedies provided for the abatement of the violation. In addition, all public and private
remedies allowed at law or equity against anyone in violation of these Covenants will be available.
Section 14.2. Compliance. Each Owner or other occupant of any part of the Property will
comply with the provisions of the Eagle Valley Ranch Documents as the same may be amended
from time to time.
Section 14.3. Failure to Comply. Failure to comply with the Eagle Valley Ranch
Documents will be grounds for an action to recover damages or for injunctive relief to cause any
such violation to be remedied, or both. Reasonable notice and an opportunity for a hearing may,
but is not required to be, provided in the Bylaws, and if such notice and opportunity is so provided,
will be given to the delinquent party prior to commencing any legal proceedings.
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Eagle Valley Ranch (Commercial) 22
Section 14.4. Who May Enforce. Any action to enforce the Eagle Valley Ranch
Documents may be brought by Declarant or the Board in the name of the Association on behalf of
the Owners. If, after a written request from an aggrieved Owner, none of the foregoing persons or
entities commences an action to enforce the Eagle Valley Ranch Documents, then the aggrieved
Owner may bring such an action.
Section 14.5. Nonexclusive Remedies. All the remedies set forth herein are cumulative
and not exclusive. The Owner of the Improvements waives any requirement for the Association
to post a bond in connection with the granting of an injunction.
Section 14.6. No Waiver. The failure of the Board of Directors, Declarant, or any
aggrieved Owner to enforce the Eagle Valley Ranch Documents in any one or more instances will
not be deemed a waiver of the right to do so for any subsequent violations or of the right to enforce
any other part of the Eagle Valley Ranch Documents at any future time.
Section 14.7. No Liability. No member of the Board of Directors, the Declarant or any
Owner will be liable to any other Owner for the failure to enforce any of the Eagle Valley Ranch
Documents at any time.
Section 14.8. Recovery of Costs. If legal assistance is obtained to enforce any of the
provisions of the Eagle Valley Ranch Documents, or in any legal proceeding (whether or not suit
is brought) for damages or for the enforcement of the Eagle Valley Ranch Documents or the
restraint of violations of the Eagle Valley Ranch Documents, the prevailing party will be entitled
to recover all costs incurred by it in such action, including reasonable attorney's fees (and legal
assistants' fees) and costs as may be incurred, or if suit is brought, as may be determined by the
court.
ARTICLE 15
RESOLUTION OF DISPUTES
If any dispute or question arises between Members or between Members and the
Association or relating to the interpretation, performance or nonperformance, violation, or
enforcement of the Eagle Valley Ranch Documents, such dispute or violation may, but is not
required to, be subject to a hearing and determination by the Board in accordance with the
procedures set forth in the Bylaws.
ARTICLE 16
DURATION OF THESE COVENANTS AND AMENDMENT
Section 16.1. Term. This Declaration and any amendments or supplements hereto will
remain in effect from the date of recordation 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
these Covenants will be automatically extended for successive periods of ten (10) years each,
unless otherwise terminated or modified as provided below.
Declaration of Covenants. Conditions, Restrictions and Easements for
Eagle Valley Ranch (Commercial) 23
Section 16.2. Amendment, Replacement, Termination. Until the end of the Period of
Declarant Control, the Declarant shall have the sole authority and power to amend, replace,
supersede, or terminate this Declaration from time to time, by recording an instrument in writing
signed by the Declarant. After the Period of Declarant Control, the Association shall have the sole
authority to amend, replace, supersede, or terminate the Declaration, by recording an instrument
in writing signed by a duly authorized officer of the Association, but only after obtaining the
affirmative vote from the Owners of seventy percent (70%) of the Lots. No amendment,
replacement, or termination of the Declaration shall be effective until it has been recorded in the
office of the Clerk and Recorder of Flathead County, Montana.
ARTICLE 17
NHSCELLANEOUS PROVISIONS
Section 17.1. 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 17.2. 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 17.3. Headings. The headings are included only for purposes of convenient
reference, and they will not affect the meaning or interpretation of this Declaration.
Section 17.4. Waiver. No failure on the part of the Association or the Board to give notice
or 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 17.5. Limitation of Liability. Neither the Declarant, the Association, nor any
partner, officer, manager, director, or member of either the Declarant or the Board will be liable
to any party for any action or for any failure to act with respect to any matter arising by, through
or under the Eagle Valley Ranch Documents if the action or failure was made in good faith. The
Association will indemnify all of the officers, Board members, ARC members, Declarant, and the
Declarant's managers and members with respect to any act taken in their official capacity to the
extent provided in the Eagle Valley Ranch Documents.
Section 17.6. 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.
Declaration of Covenants. Conditions, Restrictions and Easements for
Eagle Valley Ranch (Commercial) 24
Section 17.7. Assignment. Declarant may assign all or any part of the Special Declarant
Rights or any of Declarant's other rights, obligations, interests, and reservations hereunder to any
successor who takes title to all or part of the Property in a bulk transfer for the purpose of
development and sale. Such successor will be identified, the rights, interests, and reservations
being assigned will be described, 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 Clerk and Recorder of Flathead County, Montana.
Section 17.8. Covenants and Easements Run with the Land. The Covenants and all
easements created and referenced in this Declaration shall run with the land.
Section 17.9. Notice. All notices required to be delivered hereunder shall be in writing
and shall be delivered by the following methods and deemed effectively delivered as of the date
hereinafter specified: (i) three days after it is deposited in the mail if it is delivered postage prepaid,
(ii) on the date the notice is delivered by a courier service (including Federal Express, Express
Mail, UPS, or similar operation) to the address of the person to whom it is directed, provided it is
sent prepaid, return receipt requested (if available), (iii) on the date sent by electronic mail, with
receipt confirmation requested, and (iv) on the date the notice is handed to the recipient if delivered
in person.
Notice may be delivered to any address of the recipient on file with the Association.
Anyone entitled to receive notice hereunder may, from time to time, change its address for
receiving notices by delivering written notice thereof in the manner outlined above or to a valid
email address for the Association.
Declaration of Covenants. Conditions, Restrictions and Easements for
Eagle Valley Ranch (Commercial) 25
IN WITNESS WHEREOF, Declarant has signed this Declaration on the Date shown.
STATE OF MONTANA
ss.
County of Flathead
SPARTAN HOLDINGS, LLC
By:
Nicholas J. Coussoulis, Manager
On the day of , 2020, before me, the undersigned
Notary Public in and for the State of Montana, duly commissioned and sworn, personally appeared
Nicholas J. Coussoulis, Manager of Spartan Holdings, LLC, known to me to be the individual
described in and who executed the within and foregoing instrument, and acknowledged that he
signed the same as his free and voluntary act and deed, for the uses and purposes therein
mentioned.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Notary Public for the State of Montana
(SEAL) Printed Name:
Residing at:
My Commission Expires:
Declaration of Covenants. Conditions, Restrictions and Easements for
Eagle Valley Ranch (Commercial) 26