Petition for Zoning AmendmentFFirst
,." J),Interstate
153dank
January 11, 1999
First Interstate Bank
Trust Division
Kalispell Office
2 Main Street
RO. Box 7130
Kalispell, MT 59904-0130
406-756-5212
1-800-328-4524
Fax: 406-756-5264
Internet E-Mail: fib@firstinterstatebank.com
Flathead Regional Development Office
723 Sth Ave. East Room 414
Kalispell, MT 59901
RE: PETITION FOR ZONING AMENDMENT, FLATHEAD COUNTY
TO WHOM IT MAY CONCERN:
Enclosed is a Petition for Zoning Amendment in Flathead County
along with a Petition for Annexation to City and Consent to
Annex Agreement and Notice of Withdrawal from Rural Fire
District.
The Petition for Zoning Amendment is intentionally left blank.
It is our understanding the proposed buyer of this property
from the current owner will provide the information required on
this form. It is also our understanding the current owner is
required to sign this form to signify willingness and agreement
to a zoning amendment and/or annexation to the city.
Please be advised that all owners have signed each document in
accordance with our understanding as outlined in the previous
paragraph.
Any questions may be directed to First Interstate Bank as Co -
Trustee of the three separate J. Austin Miller Trusts (FBO Mark
S. Miller; FBO Sharon Kay Larson and FBO Barbara A. Miller).
Sincerely,
Sandra Berkimer
Vice President and
Trust Officer
Encl: (3)
Flathead Regional Development Office
723 Sth Ave. East Room 414
Kalispell, MT 59901
Phone: (406)758-5980 Fam (406)758-5781
M V WAL61 Wq— AI 41-11;0:3 stl
Joseph A. Billig, Agent for
1. NAME OF APPLICANT: The Waterford of the Flathead Valley, LLC
2. MAIL ADDRESS: 5150 SW Griffith Drive
3. CITY/STATE/ZIP: Beaverton, OR. 97005 PHONE: 503-646-5186
4. INTEREST IN PROPERTY:Owner
5. ZONING MAP AMENDMENT: N/A ZONING TEXT AMENDMENT: --- N/A
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KIMOURN WIC111 PY414 0 CORPIRW "W41bli ALPM%li lyn-pty Ob 0 *,IDS 0116141EMIA I&M 0
A. What is the proposed zoning text amendment? APVLICAT�O-N
&
A. Address of the property: Pending / Four Mile Drive
B. Legal Description: SPP nttPrhPa
(Lot and Block of Subdivision; Tract
(Section, Township, Range) (Attach sheet for metes and bounds)
C. The present zoning of the above property is: SAG-10
D. The proposed zoning of the above property is: RA-1, R4, within a PUD
E. State the changed or changing conditions that make the proposed
amendment necessary:
Annexation to City, development of PUD
I
I* ICIIIIII.I&VI 1111) lot** tofu V�ORY -5 V,111111���3111 11� II
SITICaRl 1161'Otto "Ik J_ In
V AV46 1_0
A. Promoting the Master
Master Plan's call for urban resident-ini d,_vP1npm,.nt_
B. Lessening congestion in the streets and providing safe access The Waterford
will provide a minimal amount of traffic. The scope of the Droiect
includes owner improvements to Four Mile Drive, which has been upgraded
to Highway 93.
C. Promoting safety from fire, panic and other dangers
consist of two entry points and a loop road which will provide
access to all parts of the buildings. The main building will have a full
sprinkler system and state-of-the-art nurse call and fire alarm.
D. Promoting the public interest, health, comfort, convenience, safety and general
welfare Health and Safety issues are a priority for Seniors living
in communities such as the Waterford. The location was chosen for its
-easy access to Highway 93 and its improvements to Four Mile Drive.
L9
F.
G.
Preventing the overcrowding of land The building footprints of this —
community cover approximately 17% of the land. Softscape for the project
is around 60%.
Avoiding undue concentration of population
is found in the surrounding community.
The need for senior services
This project will allow
expansion of the population by expanding the growth boundary,
in accordance with the Master Plan.
Facilitating the adequate provision of transportation, water, sewage, schools,
parks and other public facilities Communities such as the Waterford
contribute to the City's tax base, without burdening Schools, the
Waterford provides bus service for its residents, so there is minimal
traffic impact. Plans include enhancements to the water and sewer
systems, and a park for residents is provided on -site.
100
H. Giving reasonable consideration to the character of the district Waterford
communities are consistent in their residential feel. The architecture
to the main building echoes the single -story duplexes, which provide a
transition to the surrounding neighborhood.
I. Giving consideration to the peculiar suitability of the property for particular
uses The property is situated in an area which will provide wonderful
views for future residents and easy access to Highway 93. The
Waterford is in accordance with the Master Plan.
J. Protecting and conserving the value of buildings Communities? values are
enhanced by the quality of architecture found at the Waterford.
K. Encouraging the most appropriate use of land by assuring orderly growth
Our proposed Master Plan will be built in phases assuring orderly
growth in harmony with the available land.
The signing of this application signifies approval for F.R.D.O. staff to be present on
the property for routine monitoring and inspection during approval process.
(Applicant) ate)
3
A. Pre -Application Meeting:
A discussion with the Planning Director or designated member of staff must
precede filing of this application. Among topics to be discussed are: Master
Plan compatibility with the application, compatibility of proposed zone change
with surrounding zoning classifications, and the application procedure.
B. Completed application form.
C. Application fee per schedule, made payable to the Flathead Regional
Development Office.
Fee Schedule
Zone Change:
Basefee ........................................................................ $400.00
For first 80 acres of area of the request ................. Add $5/acre
For requests for 81 - 160 acres ............................. Add $3/acre
For requests covering 161 acres or more ............... Add $ 1 /acre
Amendment to Zoning Text ....................................................... $300.00
PUD Zoning Review:
Residential.................................................................... $400.00
Commercial................................................................... $500.00
MixedUse ..................................................................... $650.00
D. The application must be accepted as complete by the FRDO staff thirty f30)
days Prio to the date of the meeting at which it will be heard in order that
requirements of state statutes and the zoning regulations may be fulfilled.
A. Application Contents:
1. Petition for zone change signed by at least 50% of the property owners in
the area for which the change in zoning classification is sought.
2. A map showing the location and boundaries of the property.
3. A list of the names and mail addresses of all property owners within 150
feet of the subject property as shown on the Assessor's roll.
Example
Assessor's S-T-R Lot/Tract Property Owner
No. No. and Mail Address
4. A title report of the subject property.
M
H. Giving reasonable consideration to the character of the district
L Giving consideration to the peculiar suitability of the property for particular
uses
J. Protecting and conserving the value of buildings
K. Encouraging the most appropriate use of land by assuring orderly growth
The signing of this application signifies approval for F.R.D.O. staff to be present on
the property for routine monitoring and inspection during approval process.
_/�)Zju d>-4— _� � a - 4 e � � _17-'�k
.' I (Applicant) Hollister tarson (Date)
First Interstate Bank, Co -Trustee of the J. Austin Miller Trust FBO Sharon Stevens-
Wulf,/FBO Barbara,�Miller azd FBO Mark Miller.
Sandra Berkimer Vice President/Trust Officer
Date
BY: Kirk Fulford,--Itust Officer Date
L * P r 4rson and Dan Eigeman, Individuals as Co -Trustees of the J. Austin Miller
Tru7s FIV Sharon Stevens -Wulf, FBO Barbara Miller and FBO Mark Miller.
an Ei ma -T e Date
9S,
Peter L4i_1's_on_, Co-Trdste-e Date
3
METES AND BOUNDS DESCRIPTION
PROPERTY FOR WATERFORD OF THE FLATHEAD VALLEY
County Tract 1 in Government Lot 3 of Section 1, Township 28 North, Range 22 West, M.P.M.,
Flathead County, Montana, described as follows:
Commencing at the Northeast corner of the Northwest Quarter of said Section 1; thence
South a distance of 30 feet to the point of beginning; thence
South 0' 40' West, along said subdivision line, a distance of 784.7 feet to a point; thence
West a distance of 1033 feet to a point; thence
North 00 21' East a distance of 785 feet, more or less, to the South boundary of the County Road;
thence
Easterly along the South boundary of said County Road, to the point of beginning.
AND
The East 200 feet of the North 737 feet of Tract 1 CA lying and being in the Northwest Quarter of
Section 1, Township 28 North, Range 22 West, M.P.M., Flathead County, Montana, described as
follows:
Commencing at the Southeast corner of the tract described above; thence
West, along the South boundary of the tract described above, a distance of 200 feet; thence
South along a line parallel to the Quarter Section Line, a distance of 737 feet; thence
East along a line parallel to the South boundary of the tract described above, a distance of 200
feet to the Quarter Section line; thence
North along the Quarter Section Line, a distance of 737 feet to the point of beginning.
Combined total land area of both parcels is approximately 22.0 acres.
PETITION NO.
BEFORE THE CITY COUNCIL
OF THE
CITY OF KALISPELL
PETITION FOR ANNEXATION TO CITY
COME NOW the undersigned and respectfully petition the City
Council of the City of Kalispell requesting city annexation of the
following real property into the City of Kalispell and to remove the
following real property from the 4��67' Rural Fire
District.
The petitioner(s) requesting City of Kalispell annexation of the
property described herein hereby mutually agree with the City of
Kalispell that immediately upon annexation of the land all City of
Kalispell municipal services will be provided to the property
described herein on substantially the same basis and in the same
manner as such services are provided or made available within the rest
of the municipality prior to annexation. Petitioner(s) hereby state
that there is no need to prepare a Municipal Annexation Service Plan
for this annexation pursuant to Section 7-2-4610, M.C.A. since the
parties are in agreement as to the provision of municipal services to
the property requested to be annexed.
Dated this day of
LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED:
PROPERTY ADDRESS:
PARTY S) OF EREST
By:
Hollister Larson' divided Interest
First Interstate Bank as Co -Trustee for J. Austin Miller
Trust FBO Sharon Stevens -Wulf, FBO Barbara Miller, FBO
Mark 1�iller, Owner of 50%,Undiv . ed Interest
BY
/,S�Jarj�Berklme V, P ident & Trust Officer
BY:
Kirk Fulford, Tru`,-�At Officer
Individuals a T :Z_
�,�for_,?--_Dastin Miller Trust FBO
Sharori_4ev - ller, FBO Mark Miller
00,
BY:
E "-7r Lltgon, Co -Trustee
.�E
BY: ,a
DanrEigeman,,Zb-Trustee
ATTACHMENT TO
PETITION FOR ANNEXATION TO CITY
Legal Description
That parcel of land located in the N.W. `4 of Section 1, T28N,
R22W, P.M.M.
As further described below:
A Tract of land located in the Northwest Quarter of Section 1,
Township 28 North, Range 22 West, principal Meridian, Montana,
Flathead County, Montana and more particularly described as
follows:
T RAC T 2
COMMENCING AT THE NORTH QUARTER CORNE
R OF SAID SECTION 1; THENCE SOO' 56'20"W, ON AND ALONG THE EAST
BOUNDARY OF SAID NORTHWEST QUARTER, A DISTANCE OF 30.00 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOO*56'20"W, ON AND ALONG SAID EAST BOUNDARY,
A DISTANCE OF 640.12 FEET TO A SET 5/8' RE -BAR AND WHICH POINT
LIES ON THE NORTH BOUNDARY OF NORTH HAVEN HEIGHTS 2 ND ADDITION;
THENCE ON AND ALONG THE NORTH AND WEST BOUNDARIES OF SAID NORTH
HAVEN HEIGHTS 2 ADDITION AND ON AND ALONG THE WEST AND SOUTH
BOUNDARY OF NORTH HAVEN HEIGHTS 1ST ADDITION, THE FOLLOWING SIX
(6) COURSES:
N890 40'18"W, A DISTANCE OF 0.58 FEET TO A FOUND 3/8" RE -BAR;
S01' 05"26"W, A DISTANCE OF 236.69 FEET TO A FOUND 3/8" RE -BAR;
SOO" 53' 24 "W, A DISTANCE OF 99.89 FEET TO A FOUND 3/8" RE -BAR;
SOOO 57' 57"W, A DISTANCE OF 99. 97 FEET TO A FOUND 3/8" RE -BAR;
SOO*57'45"W, A DISTANCE OF 236.50 FEET TO A FOUND 3/8" RE -BAR;
N85'43'06"E, A DISTANCE OF 1.17 FEET TO A FOUND 5/8" RE -BAR AND
WHICH POINT IS THE NORTHWEST CORNER OF SUMMIT RIDGE NUMBER 1
SUBDIVISION;
THENCE ON AND ALONG THE WEST BOUNDARY OF SAID SUMMIT RIDGE
NUMBER 1 SUBDIVISION, THE FOLLOWING TWO COURSES:
SOO" 57' 48"W, A DISTANCE OF 140. 93 FEET TO A FOUND 5/8" PE -BAR;
SOf 02'03"W, A DISTANCE OF 70.55 FEET TO A SET 5/8" RE -BAR;
THENCE N89'42'17"W,M AND LEAVING SAID WEST BOUNDARY, A DISTANCE
OF 199.73 FEET TO A SET 5/8" RE -BAR; THENCE NOO' 56'20"E, AND
PARALLEL WITH SAID EAST BOUNDARY OF THE NORTHWEST QUARTER, A
DISTANCE OF 737.00 FEET TO A SET 5/8" RE -BAR; THENCE N89"
42'17"W, AND PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST
QUARTER, A DISTANCE OF 833.20 FEET TO A SET 5/8" RE -BAR; THENCE
NOOO 39'02"W, A DISTANCE OF 260.23 FEET TO A FOUND 5/8" RE -BAR;
THENCE N00038'45""W, A DISTANCE OF 527.30 FEET TO A FOUND 5/8"
RE -BAR AND WHICH POINT LIES ON SAID SOUTH RIGHT-OF-WAY BOUNDARY
OF FOUR MILE DRIVE; THENCE S89'42'17"E, ON AND ALONG SAID SOUTH
RIGHT-OF-WAY BOUNDARY, A DISTANCE OF 1043.13 FEET TO THE TRUE
POINT OF BEGINNING.
THIS TRACT CONTAINS 22.170 ACRES AND SUBJECT TO AND TOGETHER
WITH ALL APPURTENANT EASEMENTS OF RECORD.
CONSENT TO ANNEX AGREEMENT
AND
NOTICE OF WITHDRAWAL FROM
RURAL FIRE DISTRICT
TO WHOM IT MAY CONCERN:
THIS AGREEMENT, made and entered into this 617
Day of btle_�_ 199 0 , by and between Firs-tt �Inte�rstate �Ban�, L. Peter
Larson. Dan Eigeman as Co -Trustees of the J. Austin Miller Trusts FBO Sharon
St evens -Wulf, Barbara Miller and Mark Miller AND Hollister Larson
hereinafter PARTY(S) OF INTEREST [INCLUDES OWNER(S), LIENHOLDERS(S), OR
CONTRACT SELLER (S) I and the CITY OF KALISPELL, Flathead County, Montana,
hereafter CITY, WITNESSETH:
That for and in consideration of the sum of One Dollar and/or other good and
valuable consideration to us in hand paid, and certain promises, mutual
terms, covenants, provisions, conditions and agreements, the receipt and
sufficiency of which is hereby acknowledged, the PARTY(S) OF INTEREST, do(es)
hereby consent to, and hereby do waive any and all right to protest, which we
may have or hereafter acquire in regard thereto, any attempt or proceedings
made or to be made by or with the consent of the City of Kalispell, Montana,
to annex to and make a part of said City of Kalispell, more particularly
described on Exhibit "A" attached hereto and which, by this reference, is
made a part hereof.
The PARTY(S) OF INTEREST do(es) further herein express an intent to have the
property as herein described withdrawn from the &JE-57- Vq�,L&j Fire
District under the provisions of Section 7-33-2127, Montana Code 'Annotated;
and that incorporated into this Consent to Annex Agreement is the Notice
requirement pursuant to said Section; and that upon proper adoption of an
ordinance or resolution of annexation by the City Council of the City of
Kalispell, the property shall be detracted from said district.
THE PART(S) OF INTEREST further agree(s) that this covenant shall run
to, with, and be binding upon the title of the said real property, and shall
be binding upon our heirs, assigns, successors in interest, purchasers, and
any and all subsequent holders or owners of the above described property.
This City hereby agrees to allow PARTY(S) OF INTEREST to hook onto the
City of Kalispell sewer system.
IN TESTIMONY AND WITNESS WHEREOF, we have he:reunto set our hands and
affixed our seals this /?V, day of 199,��.
OF I E EST
Hollister Lars�)n, Owner of 50% Undivided Interest
First Interstate Bank as Co -Trustee for J. Austin
Miller Trust FBO Sharon Stevens -Wulf, FBO Barbara
Miller, FBO Mark Miller, Owner of 50% Undivided
Int
BY f5�1
Sandra Be ki V, P dent and Trust Officer
_ �Rimer c r
V
BY:
Kirk'Fulford, TrusA Officer
Individuals as Co -Trustee for J. Austin Miller Trust
FBO S�haron �St f. vro�tgarbara Miller, FBO Mark
Mi 1 Lle
BY:
L. Pete ai�'on, Co -Trustee
BY: /�
Oan EigeWan, Co-TLiustee
CITY OF KALISPELL
City Manager
ATTEST:
Finance Director
STATE OF MONTANA )
ss
County of Flathead)
On this day of
__L7 �� 199Y , before me, the undersigned, a
Notary Public for the State of Montana, personally appeared HOLLISTER LARSON, known to
me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Sea!
the day and year in this certificate first above written.
Notbr PubliK�State of Montana
Res i * ng at/
My C missibi� expires
STATE OF MONTANA
ss
County of Flathead)
On this 'A day of 7 r- /
199,F , before me, the undersigned, a
Notary Public for the State of Montana, personally appeared SANDRA BERKINER and KIRK
FULFORD, known to me to be the Vice President and Trust Officer and Trust Officer
respectively for First Interstate Bank, Co -Trustee of the J. Austin Miller Trusts FBO
Sharon Stevens -Wulf, FBO Barbara Miller and FBO Mark Miller, whose name is subscribed
to the foregoing instrument, and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal
the day and year in this certificate first above written.
STATE OF MONTANA )
ss
County of Flathead)
Not r ublic ate of Montana
Resi i 9 at
My C issidr�_ expire6
On this day of 199_-�-', before me, the undersiqned, a
Notary Public for the State of Montana, personally appeared L. Peter Larson and
Dan Eigeman, known to me to be the Co -Trustees of the J. Austin Miller Trusts FBO
Sharon Stevens -Wulf, FBO Barbara Miller and FBO Mark Miller, whose name 3-s subscribed
to the foregoing instrument, and acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal.
the day and year in this certificate first above written.
STATE OF MONTANA )
ss
County of Flathead)
Notary I ic, e of Montana
Resid'i at Ak e! "� e A/'
My CorhMission expires
On this day of 1 199 , before me, a Notary Public for the State
of Montana, personally appeared GLEN NEIER and AMY H. ROBERTSON, known to me to be the
Interim City Manager and Finance Director of the City of Kalispell, a municipality,
that executed the within instrument and acknowledged that such City Manager and
Finance Director respectively subscribed, sealed and delivered said instrument as the
free and voluntary act of said municipality, for the uses and purposed therein
setforth, and that they were duly authorized to execute the same on behalf of said
municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal
the day and year in this certificate first above written.
Notary Public, State of Montana
Residing at
My Commission expires
Home Number
Resident Name
WATERFORD ON ELIZABETH WARREN E=1
RESIDENCE AND SERVICES AGREEMENT
EQUITY SHARING PLAN FOR THE COTTAGES
Scheduled Move In Date
Date of Birth
Second Resident Name Date of Birth
Resident SSN Second Resident SSN
Plan Fee Resident Monthly Service Fee $
Change Orders Second Resident Monthly Service Fee
Other Meal Plan
Other Garage: Location No.
Total Amount Due $
Installment #1 < >
Installment #2 < >
Installment #3 < >
Balance Due $ Total Monthly Service Fees $
Monthly Fee Prorated from to is $
The parties (the "Parties") to this Residence and Services Agreement (the "Agreement") are:
(the "Resident") and
(the 'Second Resident'),
(collectively, the "Resident"), and the Waterford on Elizabeth Warren, an Oregon Limited Liability Company, ("Waterford'),
which owns and operates the Waterford on Elizabeth Warren (Vaterford"), a Retirement Community in Butte, Montana,
whose business address is 3701 Elizabeth Warren, Butte, MT 59701.
In exchange for the Resident's payments in the amount shown above, and the Resident's payment of the ongoing monthly
service fee, initially in the amount shown above, the Resident shall be entitled to occupy the Home identified above, and to
receive, use and enjoy the services and facilities of the Waterford described in this Agreement all in accordance with this
Agreement and the General Terms And Conditions attached to and made a part of this Agreement for the Resident's life or
until earlier termination of this Agreement. IN WITNESS WHEREOF, the Resident(s) and the Waterford on Elizabeth Warren
have signed this Agreement on the date(s) indicated below.
Resident's Signature
Date Second Resident's Signature Date
Waterford on Elizabeth Warren Date
(9)Waterford on Elizabeth Warren, Bufte, MT, 406-494-4900, Ju� 27, 1998, H:WBMTRESA.DGC, For Confidenfial Use On�.
Page 1 of 4 Emol
E=1 Waterford on Elizabeth Warren
General Terms And Conditions
Attached to and made a part of the Residence and Services Agreement - Equity Sharing Plan for the Cottages
MONTHLY FEE AND SERVICES Each month the Resident shall
pay the total monthly service fee (the 'monthly service fee')
specified in this Agreement. The monthly service fee will be
prorated on a daily basis for the first and last months of residence,
as appropriate. The monthly service fee is due in advance for each
month, or portion thereof, in which the Resident or any of
Resident's personal property occupies the Home. Prior to the end
of each month, the Resident will be billed for any optional service
fees incurred by the Resident through the 25th day of that month.
These amounts, together with the monthly service fee, are due on
the first day of each calendar month. If the optional service fees
and the monthly service fee, or any portion thereof, are not paid by
the fifth day of the month by 5:00 p.m., the Resident will be
assessed a late fee of 5% of the amounts due. One and one-half
percent interest (1 1/2%) per month will be billed on any unpaid
balance. All payments shall be made payable to the Waterford.
Each person designated as a Resident herein shall be jointly and
severally liable for the payment of the sums due hereunder.
2. PLAN FEE Payment of the Plan Fee entities the Resident the
occupancy of the home and receiving priority placement ahead of
non -Residents on waiting lists for the Waterford services available
at the present or in the future and various health care services as
outlined in the Resident Manual. 4.
In the event the resident vacates the Waterford for any reason
within the first 60 days of occupancy, 90% of the net proceeds from
a resale is refundable. Thereafter, 75% of the net proceeds from
the resale less the cost to resell the home is refundable.
The refundable amount is payable 30 days after the Waterford
receives all funds from a replacement contract for the Home with a
new resident. No interest shall be payable by the Waterford for the
use of the Plan Fee. A refund of any porlion of the Plan Fee upon
Resident's vacation is conditioned upon payment by the Resident
of all sums payable by the Resident under this Agreement, and
satisfaction by the Resident of each of the obligations set forth
herein. Payment by the Resident of the Plan Fee is not intended in
any way to limit the Waterford's rights or the Resident's obligations
hereunder.
If, for any reason, the Resident does not make the agreed
payments due during the construction period, the Resident will be
refunded 75% of the amounts paid, less selling costs that is
payable 30 days after the Waterford receives all funds from a
replacement contract with a new Resident.
NORMAL AND ROUTINE SERVICES Services vary according to
the area of residence as outlined in the Resident Manual. Except
as otherwise specifically set forth, the following services shall be
provided to the Resident without additional charge:
(a) Light Housekeeping Services The Waterford shall provide
light housekeeping of the Home which shall consist of cleaning
floors, walls, plumbing fixtures, and trash removal. The health
care areas include additional housekeeping as described in the
Resident Manual. The Resident may request optional services,
e.g. towel and linen exchange, and laundry services, for an
additional charge.
(b) Maintenance The Waterford shall provide routine and normal
service and repairs for all electrical and mechanical appliances
and equipment provided by the Waterford. Waterford shall
maintain all community areas, and the exterior of the Home
and other buildings at the Waterford.
(c) Utilities The Waterford shall provide water, sewer and trash
removal and pay the property taxes and building insurance.
The Resident shall provide electricity and gas, telephone,
home supplies, replacements and all food. The Home shall be
wired for telephone and cable service. The monthly telephone
and cable charges are additional and are the responsibility of
the Resident other than as provided in the Resident Manual.
(d) Dining Meals may be purchased utilizing the various meal
plans available and as provided in the Resident Manual. Food
may be purchased separately in all dining rooms by the
Resident and the Resident's guests.
(e) Parking Every home has attached parking at no additional
charge. Additional surface parking may be available to the
Resident and the Resident's guests.
(f]I Additional Services Additional services are available and will
be billed in accordance with the Optional Services Fee
Schedule.
CHANGE IN NUMBER OF RESIDENTS The Waterford reserves
the right to approve each and every Resident occupying the Home.
If only one Resident has signed this Agreement, the Resident may
bring one additional individual into the Home who meets the
qualifications for residency at the Waterford, as determined by
Waterford. Whenever any Resident proposes to add or drop
Second Resident, written notice shall be given to the Waterfora.
Any proposed Second Resident shall complete the Application for
Residency, and shall be approved in advance of moving in.
LONG TERM CARE INSURANCE The Waterford will recommend
a long term care insurance company for each Resident through a
third party insurance policy. The Resident is responsible for
satisfying the underwriting requirements and for paying the
appropriate rate for the insurance desired. The Waterford reserves
the right, upon 60 days prior written notice, to change insurance
companies and modify the coverage and benefits provided in the
policy. Residents who are enrolled in an insurance program and
Residents who are not enrolled in an insurance program agree to
pay for all goods and services received under the terms of this
Agreement and to indemnify, defend and hold the Waterford
harmless from any costs, claims or liabilities arising by reason of
any claim of inadequacy of the insurance policy or lack of
insurance.
ENTRY Resident agrees that the Waterford may enter the Home
from time to time and without notice in order to provide
housekeeping and other necessary or agreed services or repairs,
and in the event of emergency or suspected emergency, or
abandonment. Except in the case of emergency or when
impracticable to do so, the Waterford shall give the Resident 24
hours notice of intent to enter; and shall enter only at reasonable
times. Resident shall not unreasonably withhold, delay or condition
consent to the Waterford to enter the Home. Resident agrees to
allow the State and Federal Inspectors to enter the home as may
be requested.
INVENTORY AND CONDITION CHECKLIST The Resident shall
inspect the Home prior to the Resident's taking possession and the
Resident shall note any and all conditions such as stains, marks,
,�)Watedord on Elizabeth Warren, Bune, MT, 406-494-4900, JuN 27, 1998. KWBIVITRESADOC. For Confidential Use Only.
Resident(s) — Waterford
Page 2 of 4
Waterford on Elizabeth Warren Emi
General Terms And Conditions
Attached to and made a part of the Residence and Services Agreement - Equity Sharing Plan for the Cottages
holes, acceptance of appliances, etc. on the Inventory and
Condition Checklist provided by the Waterford. The Resident shall
sign and date the Checklist, and shall be provided a copy.
8. RESIDENT OBLIGATIONS UPON VACATING Upon vacating for
any reason, the Resident shall remove all of Resident's personal
property from the Home, and restore the Home to its condition at
the commencement of this Agreement and the condition necessary
to resell the home, less normal wear and tear.
Upon Resident's vacation, The Waterford shall perform minor
cleaning of the Home, including cleaning of carpets, drapes and
blinds. In the event heavy cleaning is necessary due to the
Residents use of the Home (e.g. due to smoking, or incontinence),
the cost shall be the responsibility of the Resident, and shall be
paid by the Resident to the Waterford upon notice. The Resident
shall pay the cost to repair to the Waterford's satisfaction any
damage to the Home, furnishings or appliances, less normal wear
and tear, or to replace any missing appliances or other items
provided to the Resident during the tenancy. Notwithstanding any
other provision contained herein, the Waterford reserves the right
to deduct the cost of heavy cleaning, damage or replacement from
any amounts held by the Waterford under the terms of this
Agreement, or collect additional monies if the amounts held by the
Waterford are not adequate to cover all the costs.
MONTHLY SERVICE FEE ADJUSTMENT The monthly service
fee is based on the costs of operation and from time to time rates
may be increased or decreased. The Resident will be notified in
writing at least 30 days prior to the effective date of any
adjustment.
10. USE AND OCCUPANCY OF RESIDENCE AND GUESTS The
Resident agrees to maintain the Home in a clean and orderly
manner. The Resident shall not make any holes or drive any nails
into the woodwork, floors, walls, or ceilings of the Home or the
improvements or fixtures therein without the prior written consent of
the Waterford. The Resident may place picture -hanging nails in
the walls without the Waterford's prior consent. The Resident
agrees not to paint, wallpaper, or otherwise decorate the Home, or
make any alterations, modifications, or additions therein, including
but not limited to walls, closets, fixtures, locks, or wiring, without
the Waterford's prior written consent. Any approved alteration shall
be performed at the Resident's sole expense by the Waterford
personnel or by a contractor approved in writing in advance by the
Waterford. The Home shall be used and occupied by the Resident
as a private residence only, and shall not be used for commercial
purposes. Pets are not allowed unless approved in advance by the
Waterford.
Occupancy of the Home and use of the Waterford is limited to the
Resident and Guests. The Resident is responsible for the conduct
of each Guest and for payment of any charges incurred or damage
caused by each Guest. Separate guests rooms are available for
an additional charge at the published daily fee on a space available
basis.
11. LOSS OR DAMAGE TO PERSONAL PROPERTY The Resident
agrees that all of the Resident's personal property in the Home or
elsewhere on the premises of the Waterford shall be maintained at
the sole risk of the Resident, and that the Resident will carry such
personal property and other insurance as the Resident deems
necessary.
The Waterford shall not be responsible for, and the Resident
hereby releases the Waterford from all claims for, the loss or
damage to the Residents property due to theft, fire, water,
vandalism, or any other cause, including but not limited to the
negligence or acts of other residems, guests, or other persons on
the property. The Resident shall indemnify, protect and hold the
Waterford harmless for any loss, damage, injury or expense
incurred by the Resident as a result of careless, negligent or willful
acts of the Resident or Resident's guest(s) or invitees. Further, the
Resident shall be responsible for any loss, damage, injury or
expense incurred by the Waterford or other residents, guests, or
other persons on the property which are the result of careless,
negligent or willful acts, including improper use of appliances,
plumbing fixtures, etc., of the Resident or Residents guest(s) or
invitees.
12. REMOVAL OF PERSONAL PROPERTY The Resident agrees
that in the event of Residents death or other termination of this
Agreement that the Waterford shall be authorized to remove any of
the Resident's personal property remaining in the home after 30
days and to store the same at Resident's expense, or that of
Resident's estate for up to one year to permit the home to be
refurbished for use by another resident. In the 'event that
Resident's personal property remains unclaimed in storage in
excess of one year, it may be sold by the Waterford, and the
proceeds, after deductions for expenses, credited to amounts due
from the Resident.
13. TERMINA71ON OF AGREEMENT IN THE ABSENCE OF
DEFAULT In the absence of default, this Agreement may be
terminated by the Resident by giving 30 days written notice. Such
notice must be given in the manner set forth herein. The Resident
shall surrender and leave the Home no later than the date specified
in the written notice. Resident shall perform each of the obligations
set forth herein, with respect to Resident's vacation of the Home.
The Waterford will begin marketing the home as soon as written
notice to terminate is received.
14. DEFAULT A default occurs whenever the Resident fails to pay the
monthly service fee or other monetary sum due by the date it is
due, or fails to observe any duty of the Resident contained herein,
in any Rules and Regulations (Resident Manual) adopted by the
Waterford, or otherwise provided by law. In the event of default by
the Resident, the Waterford may terminate this Agreement and
deduct from any refundable portion of the Plan Fee all sums due
hereunder which remain unpaid 30 days after the due date.
15. RESIDENT MANUAL (Rules And Regulations) The Waterford
reserves the right to adopt and revise the Rules and Regulations
for the general health and safety of the Resident, the safety, care,
and cleanliness of the Waterford, the preservation of good order
therein, or as may otherwise be appropriate. The Resident has
received a copy of the Resident Manual and agrees to comply at all
times with the Rules and Regulations (Resident Manual) now in
effect or hereafter adopted by the Waterford.
16. AGE RESTRICTION At least one person 55 years of age or older
must reside in the Home (subject to certain exceptions). Each
Resident represents that the date of birth shown for that Resident
is correct. In the event two Residents occupy the Home, and one
permanently vacates the Home for any reason leaving a Resident
who is under 55 years of age, the Waterford reserves the right to
terminate this Agreement.
Resident(s) Waterford
'Materford on Elizabeth Warren, Bune, MT. 406,-49"900, Ju� 27, 1998, HNSMTRESA.DOC, For Confidenfial Use On�. Page 3 of 4
E=1 Waterford on Elizabeth Warren
General Terms And Conditions
Attached to and made a part of the Residence and Services Agreement - Equity Sharing Plan for the Cottages
17. TERMINATION FOR CAUSE The Waterford may terminate this
Agreement for cause by giving 30 days written notice to the
Resident. Good and sufficient cause for termination of this
Agreement by the Waterford shall include but not be limited to the
following:
(a) Conduct by the Resident that constitutes a danger to the
Resident or others;
b) Material misstatements or failure to state a material fact in the
Application, financial statements, or in any health statements
filed with the Waterford.
c) Repeated conduct that interferes with the quiet enjoyment of
the Waterford by other residents;
d) Inability or persistent refusal to comply with any rule or
regulation adopted by the Waterford.
(e) Resident's health status exceeds criteria for the area in which
residing and Resident does not obtain appropriate care.
18. ALTERNATE CARE In the event Resident's health status exceed
criteria for the area in which residing or Residents actions pose a
danger to self or other, Resident agrees immediately upon notice
by the Waterford to:
(a) Relocate to alternate placement and/or
(b) Assume financial responsibility for designated home health
care to supplement current services to meet resident's needs.
19. SEVERABILITY Should any one or more of the provisions of this
Agreement be determined to be invalid, unlawful, or unenforceable
in any respect, the validity, legality, and enforceability of the
remaining provisions shall not in any way be affected or impaired.
20. MEDIATION / ATTORNEYS' FEES In the event any dispute
arises between the Waterford and the Resident relating to the
interpretation, enforcement, or performance of this Agreement, the
Parties agree to submit the dispute to mediation. In the event of a
dispute, whether referred to mediation or otherwise, the prevailing
party shall be entitled to collect from the other party such amount
as the court or arbitrator may adjudge reasonable as attorneys'
fees and expenses.
21. GOVERNING LAW This Agreement shall be governed by and
construed in accordance with the State where the Waterford is
located and Federal laws. The Resident and the Waterford
acknowledge and agree that this agreement is predominantly an
agreement for services and that the Resident has chosen to reside
at the Waterford to secure the services and facilities of the
Waterford.
22. ASSIGNMENT This Agreement and the use, occupancy and
possession of the home are non assignable, non transferrable and
shall terminate automatically, subject to the obligations of this
Agreement, upon the Resident(s) vacating the home. The home is
not to be leased or sold to others by the Resident without prior
written approval by the Waterford.
23. SUBORDINATION OF AGREEMENT This Agreement and the
Resident's rights hereunder are and shall remain subordinate, and
inferior to any liens or encumbrances on the property, including all
real estate mortgages, trust deeds, and other financing instruments
and agreements, the interest payable on any such liens or
encumbrances, and any and all renewals or extensions thereof.
24. RESIDENrs INTEREST By virtue of this Agreement, the
Resident shall not have any proprietary or real estate interest in the
Waterford, or in the assets of Waterford or its properties.
25. SUCCESSORS Subject to the limitations on assignment specified
herein, this Agreement shall be binding upon the successors and
assigns, heirs, executors, and personal representatives of the
Parties.
26. NOTICE Any notices required in accordance with any of the
provisions herein, if to the Watedord, or the Resident, shall be
delivered in person or mailed by certified mail, return receipt
requested.
27. WAIVER Failure of the Waterford at any time to require
performance of any provision of this Agreement shall not constitute
any waiver of, nor limit the Waterford's right to enforce such
provision in the future.
28. SOLE AGREEMENT / AMENDMENT This Agreement, together
with the:
(a) Application for Residency
(b) Inventory and Condition Checklist
(c) Current Resident Manual (Rules and Regulations) and
(d) Any separate agreements specifically referenced herein:
(e)
(f)
shall constitute the entire agreement of the Parties with respect to
the subject matter hereof, superseding all prior negotiations,
discussions, writings, and agreements between the Parties. No
part of the Agreement may be amended or modified in any respect
except by an instrument in writing signed by the Waterford and the
Resident. The Waterford reserves the right to enter into Residency
Agreements with other individuals residing at the Waterford which
may contain terms different from those set forth in this Agreement.
Notwithstanding any such different terms in other Residency
Agreements, Resident agrees that this Agreement alone sets forth
Resident's rights and obligations to the Waterford with respect to
the Waterford.
29. EXPRESS CONDITIONS The Resident understands that the
terms and conditions set forth above are express conditions of this
Residency Agreement, without which the Waterford would not be
willing to enter into this Agreement. The Resident acknowledges
that the Resident has read, understands, and will comply with each
of the provisions of this Agreement.
Please sign the front page and initial the other pages as provided
Resident(s) Waterford —
9)Watedord on Elizabeth Warren, Butte, MT, 406494-4KO, July 27, 1998, H:WBMTRESA.DOC, For Confidential Use Only. Page 4 of 4
CERTIFICATION
APPLICANT: WATERFORD OF FLATHEAD VALLEY
FRDO FILE #: KPUD-99-1 and KA-99-1
1, the undersigned certify that I did this date mail a copy of the attached notice to the
following list of landowners within 150 feet -of the property lines of the property
that is the subject of the application. ( "-,7 -?
R=
Assessor's S-T-R Lot/Tract Property Owner
No. No. & Mail Address
SEE ATTACHED LIST
RIMMIKESM Will
JOSEPH A BILLIG
THE WATERFORD OF THE FLATHEAD VALLEY
5150 SW GRIFFITH DRIVE
BEAVERTON OR 97005
AUTHORIZED REPRESENTATIVE
BILLMAYER ENGINEERING
2191 THIRD AVENUE EAST
KALISPELL MT 59901
Property Owners within 1501
Assessors
Tract #s No. Owners and Mailina Address
I - 28 - 22
Tract 1BAA
05-0974810
Joseph Guy Schletz
i n
N34NWI/4
600 Four Mile Drive
Kalispell, MT 59901
Tract
1D
05-0063950
Mary R. Dern
in
NWIN
214A Farview Drive
Kalispell, MT 59901
Tract
4
05-0902590
Mitzi Cline
in
Lot 2
6603 South Prescott Way
Littleton, Co 80120-3048
Su=itt
Ridge #1
Lot
9/Block 3
75-0968450
Douglas & Luann Servo
424 Summit Circle
Kalispell, MT 59901
Lot
10/Elock 3
7S-0968451
John J. & Cindy M. Foot
428 Summit Ridge Drive
Kalispell, MT 59901
Lot
11/31ock 3
75-0968452
John R. & Kelly S. Thies
434 Summit Ridge Drive
Kalispell, MT 59901
Lot
12/31ock 3
75-0968413
Roger D. & Susan A. Bowman
440 Summit Ridge Drive
Kalispell, MT 59901
Lot
5/Block 4
75-0968457
Carol Ann Burtt
429 Summit Ridge Drive
Kalispell, Mt 59901
Lot
6/21ock 4
75-0968458
James 13. & Laura Jo Smithwick-Hann
435 Summit Ridge Drive
Kalispell, MT 59901
North Haven Heights 1st Addition
Lot 4 05-0947890 Charles J. & Lorraine S. Wingard
117 North Haven Drive
Kalispell, MT 59901
Lot 5 05-0742120 Tommy R. & Teruko Rogers
119 North Haven Drive
Kalispell, Mt 59901
Lot 6 05-0741840 Gary R. & Gloria E. Marin
121 North Haven Drive
Kalispell, MT 59901
Assessors
Tract #s No. - owners and Mailing Address
North Haven Heights 2nd Addition
Lot 19
05-0412.361
Anthony G. & Vicki L. Ibison
123 North Haven Drive
Kalispell, MT 59901
Lot 20
05-0951177
Steven E. Fauerso
125 North Haven Drive
Kalispell, MT 59901
Lot 21
05-0597975
D. R. &: Gisela Morton
127 North Haven Drive
Kalispell, MT 59901
36
- 29 - 21
S��SWI/4 & SW�/4SEY4
State of Montana