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1. Resolution 4514 - Final Plat - Depot Park SquareFlathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager SUBJECT Final Plat Approval for Depot Square Building #3 Condominiums MEETING DATE: October 18, 1999 BACKGROUND: This is a request for approval of the revised preliminary (final plat) for a five lot commercial condominium at the Depot Square development. The building proposed for condominiums is located on property at the southwest corner of First Avenue East and Center Street previously owned by the City and identified as Building #3. Under State subdivision statutes, condominiums are considered subdivisions even though there is no transfer of real estate. As such the "subdivision" requires the review and approval by the city council. Because this subdivision can meet the preliminary plat approval waiver criteria outlined in the subdivision regulations, the preliminary plat for this subdivision was waived by the Flathead Regional Development Office on September 9, 1999. Attached with this memo is an evaluation of compliance with the subdivision regulations and conditions of plat waiver along with staff report KRP-99-1 which contain the findings of fact for the subdivision. All of the documentation is in order for city council approval. RECOMMENDATION: A motion to approve the revised preliminary plat (final plat) for Depot Square Building #3 would be in order. FISCAL EFFECTS: Potential minor positive impacts. ALTERNATIVES: As suggested by the city council. cn- -hk, k:-9z"L Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Report compiled: October 8, 1999 Attachments: Compliance evaluation letter and application material Staff report KRP-99-1 Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish �V RESOLUTION NO. 4514 A RESOLUTION APPROVING THE FINAL PLAT OF DE "RK SQUARE SUBDIVISION, BUILDING NO. 3, LOCATED ON THqq S-ZTI°i� CORNER OF FIRST AVENUE EAST AND CENTER STREET, AND F '�(DESCRIBED AS A 0.424 ACRE PORTION OF BLOCK 36, KALISPELL ORIGINAL TOWNSITE, KALISPELL, FLATHEAD COUNTY, MONTANA. WHEREAS, Depot Park Partners, the owner of certain real property described as Depot Park Square Subdivision, located in Block 36, Kalispell Original Townsite, Kalispell, Flathead County, Montana, has petitioned for approval of the final Subdivision Plat of said property, and WHEREAS, preliminary plat approval for this minor subdivision was waived on September 9, 1999 by the Flathead Regional Development Office according to Section 2.06 of the Kalispell Subdivision Regulations subject to four conditions, all of which have been met, and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section 2.06 (Preliminary Plat Process -Minor Subdivision -Preliminary Plat Waiver), Subdivision Regulations of the City of Kalispell, and WHEREAS, the Flathead Regional Development Office has reviewed the proposed subdivision and made a report (KRP-99-1) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608, MICA, and recommends final plat approval of said subdivision. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Flathead Regional Development Office Report #KRP 99-1 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Depot Park Partners for final plat approval of Depot Park Square, Building No. 3, located in Block 36, Kalispell Original Townsite, Kalispell, Flathead County, Montana, is hereby approved. SECTION III. The classification of said premises under the Kalispell Zoning Ordinance shall not be changed by the action. depot park sq.wpd i SECTION IV. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 18TH DAY OF OCTOBER, 1999. Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk depot park sq.wpd 2 Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 October 12, 1999 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 - Kalispell, MT 59901 RE: Revised Preliminary (Final) Plat Approval for Depot Park Square Dear Chris: Our office has received lication for final approval of a five unit condominium subdivision located on the so thwes rner of First Avenue East and Center Street known as Depot Square Buil s is an existing building on property sold by the City for redevelopment within the last year. These units will be individually owned and managed by -a condominium association for the purpose of maintenance of common areas. As a minor subdivision with insignificant impacts and existing infrastructure, our office waived the preliminary plat on September 9, 1999 subject to four conditions because it can been found that the subdivision can meet the criteria for preliminary plat approval waiver as outlined in Section 2.06 of the Kalispell Subdivision Regulations. Specifically, it can be found that the following conditions exist: 1. The plat contains five or fewer lots. 2. There is no public dedication of streets or public or private parkland. 3. All lots have legal and physical access conforming to the subdivision regulations. 4. Each lot has a suitable building site and there are no environmental hazards present. 5. Municipal sewer and water are adequate and in place. 6. The subdivision complies with the subdivision regulations and current zoning regulations 7. No significant effects are anticipated on agriculture and agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat and the public health and safety. The City Council will need to adopt findings of fact for approval found in attached staff report KRP-99-1 concurrent with the final plat approval. The following is a list of the - conditions of approval and a discussion of how they have been met. Condition No. 1. That the development of the site will be in substantial conformance with the preliminary design and layout of the buildings which shall govern the general location of the individual units, easements, parking lots and roadways. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Final Plat for Depot Square Building #3 October 12, 1999 Page 2 This condition has been met. The revised preliminary (final) plat reflects the development proposal with regard to the location of lots, parking lots, access, etc. Condition No. 2. That a Certificate of Subdivision Approval shall be obtained from the Department of Environmental Quality and Kalispell Public Works Department stating that the plans and specifications for water and sewer services have been reviwed and approved. This condition has been met. Letters of approval from MDEQ and the Kalispell Public Works Department have been submitted with the application. Condition No. 3. That a letter be obtained from the Kalispell Building Department stating that the proposed condominium buildings have been constructed according to the required specifications. This condition has been met. A letter from the building department has been submitted with the application stating the existing buildings comply with the necessary building code requirements. Condition No. 4. That the waiver of preliminary plat approval is valid for three years and shall expire on September 9, 2002 This condition has been met. The revised preliminary (final) plat for the subdivision has been submitted prior the expiration of the preliminary plat approval waiver. The final plat is in substantial compliance with the preliminary plat which was reviewed and given a plat waiver. This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance and the B-4, Central Business District, zoning designation. 2X016M I L I M14 4 (• , All of the conditions of the preliminary plat approval waiver have been adequately addressed. The Flathead Regional Development Office recommends that the Kalispell City Council adopt the attached staff report KRP-99- i as findings of fact and approve the revised preliminary (final) plat for Depot Square Building #3 condominiums. Final Plat for Depot Square Building #3 October 12, 1999 Page 3 Please schedule this matter for the next regular Kalispell City Council meeting of October 18, 1999 You may call me at (406)758-5980 if you have any questions regarding this subdivision. Sincerely, qw/x- 1, 14 - Narda A. Wilson, AICP Senior Planner NW/ Attachments: I opaque mylar 1 reproducible mylar 1 blueline Staff Report KRP-99-1 Letter from FRDO for pre plat waiver dated 9/9/99 Revised preliminary plat application DEQ approval #E.Q. #00-1422 dated 9/27/99 Ltr from Kalispell Public Works dated 10/ 1/99 Ltr from Kalispell Bldg Dept. dated 9/17/99 Unit Ownership papers Covenants, Conditions and Restrictions Parking/Access Easement Agreement Title Report from First Am Title dated 9 / 16 / 99 Consent to plat from Glacier Bank Consent to plat from First Interstate Bank Treasurers Certification dated 7/14/99 c: J. Thompson, Meridian Partners, 157 N. Meridian Rd, Kalispell, MT 59901 Sands Survyeing, 1995 Third Avenue E., Kalispell, MT 59901 Randy Ogle, 17 Second St. E., Kalispell, MT 59901 Theresa White, Kalispell City Clerk H:\ ... \KR99-1 DEPOT SQUARE BUILDING #3 FRDO SUBDIVISION REPORT #KRP-99-1 REVIEW AND FINDINGS OF FACT OCTOBER 9, 1999 A report to the Kalispell City Council for findings of fact for a five lot commercial condominium subdivision. Preliminary plat approval for this minor subdivision was waived on September 9, 1999 subject to four conditions and compliance with the Kalispell City Subdivision Regulations. BACKGROUND This is a five lot commercial condominium subdivision which will effectively create five units within the existing Depot Square development, Building #3. This subdivision does not convey title to real estate, but is subject to the state and local subdivision regulations. A. Applicant: Depot Park Partners 157 N. Meridian Road # 112 Kalispell, MT 59901 (406)257-1076 Technical Assistance: Sands Surveying 1995 Third Avenue East Kalispell, MT 59901 (406)755-6481 B. Location: The subdivision is located on the outhwest corner of First Avenue East and Center Street in downtown Kalisp e property can be described as a 0.424 acre portion of Block 36 located in Section 6, Township 28 North, Range 21 West, P.M.M., Flathead County. C. Size: Total area: 0.434 acres D. Existing and Adjacent Land Uses: Currently this property has a commercial building on the property which will be converted to a condominium building for individual sale and management under condominium association. Most of the uses in the area are commercial, primarily retail. Zoning in the area is B-4, Central Business District. The property is located in the B-4, Central Business zoning district which allows a variety of commercial, retail, hotels, restaurants as well as some residential uses as permitted uses. This district does not have minimum lot size requirements or setbacks. As an existing commercial building, it was constructed in accordance with the provisions of the zoning regulations. The subdivision complies with the B-4 zoning requirements. F. Relation to Master Plan Map: The property is designated as Commercial on the Kalispell City -County Master Plan Map which anticipates a wide variety of commercial uses _. developed in a compact manner and encourages pedestrian oriented businesses. This development complies with the land use designation as well as fulfilling the goals and objectives of the master plan for development in the central business core area. G. Utilities: Water and Sewer Electricity: Telephone: School: Police: Fire Protection: City of Kalispell Flathead Electric Cooperative CenturyTel School District #5, Kalispell City of Kalispell City of Kalispell REVIEW AND FINDINGS OF FACT This application is reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell Subdivision Regulations. A. B. M Effects on Health and Safety: Fire: The area is anticipated to be at low risk from wildfire due to the urban location, lack of woody fuel and good access to the site. The proposed subdivision is not expected the significantly impact the service provided by the district. Vegetation and topography: The site has no native vegetation. The property is relatively flat and has been developed for commercial purposes. Effects on Wildlife and Wildlife Habitat: The proposed subdivision is not mapped big game habitat winter range and does not provide habitat to significant wildlife other than some birds and small animals. Effects on the Natural Environment: The subdivision is currently served by City of Kalispell water and sewer. No impacts on the natural environment appear to be related to the subdivision of this property and there is not surface water in the area. 2 R1 Effects on Local Services: Sewer and Water: The City of Kalispell currently provides water and sewer service to the newly created lots. No additional or significant impacts are anticipated to the City with regard to water and sewer services as a result of the creation this subdivision. Roads: Access to the site is provided directly from First Avenue East, a City owned and maintained roadway in good condition. No improvements to the roadway are anticipated to be needed as -a result of this subdivision. Schools: This property is within the boundaries of School District #5, Kalispell. This subdivision may have minor positive effects, however, because the development has already occurred the benefits to the public from increased tax revenue are already in place. No additional school - age children will be generated from this commercial subdivision. Parks: Parkland dedication is not required for commercial subdivisions. Police Protection: The property is --served by the Kalispell Police Department. it is not anticipated that this subdivision will significantly impact the service provided by the police department. Fire Protection: The property is within the service district of the Kalispell Fire Department. The subdivision will not create additional impacts to fire service. Refuse Disposal: Refuse disposal will be provided by the City of Kalispell. The proposed subdivision is not expected to impact the landfill. Medical Services: Emergency medical service is provided by the Kalispell Regional Hospital; Ambulance and Life Flight services are also available. Effects on Agriculture: This is within a highly urban area of Kalispell which has continued to grow. This subdivision will not have an impact on agriculture in the Valley. G. Compliance with the Kalispell Subdivision Regulations This subdivision complies with the Kalispell Subdivision Regulations. Preliminary plat was waived because it meets the waiver criteria provided for under Section 2.06 of the regulations which include the following: (1) the plat contains five or fewer lots, (2) there is no public dedication of streets or public or private parkland, (3) all lots have legal and physical access conforming to these regulations, (4) each lot has a suitable building site and there are no environmental hazards present, (5) municipal water and sewer are adequate and in place, (6) the subdivision complies with these regulations and zoning regulations, (7) there is no significant effects anticipated on agriculture and agricultural water user facilities, local services, the natural environmental wildlife and wildlife habitat and the public health and safety. RECOMMENDATION Staff recommends that the Kalispell City Council adopt Staff Report KRP-99-1 as findings -of -fact for the proposed subdivision and approve the revised preliminary (final) plat for Depot Square Building U. REPORTS\ 1999 \KALSPELL\KRP99- 1A Flathead Regional Development Office 723 5th Avenue East - Room 414 M" Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 September 9, 1999 Jim Thompson, Architect Depot Park Partners, LLC 157 N. Meridian Road Kalispell, MT 59901 RE: Preliminary Plat Approval Waiver - Depot Park Square Building #3 Dear Ulrl: This letter is in response to your request for waiver of preliminary plat approval for a five lot commercial subdivision which will be a condominium development known as Depot Park Square Building #3. The subdivision is proposed to have five commercial units located on the west side of First Avenue East and South of Center Street. This development is zoned B-4, Central Business. The property proposed for the subdivision can be described as a 0.424 acre portion of Block 36, Kalispell Original located in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. Our office can find that this development can meet the criteria outlined in Section 2.06 of the Kalispell Subdivision Regulations that addresses preliminary plat waiver. Specifically, we can find that (1) the plat contains five or fewer lots, (2) there is no public dedication of streets or public or private parkland, (3) all lots have legal and physical access conforming to these regulations, (4) each lot has a suitable building site and there are now environmental hazards present, (5) municipal water and sewer are adequate and in place, (6) the subdivision complies with these regulations and zoning regulations, (7) there is no significant effects anticipated on agriculture and agricultural water user facilities, local services, the natural environmental wildlife and wildlife habitat and the public health and safety. The preliminary plat for the aforementioned subdivision is hereby waived subject to the following conditions: 1. That the development of the site will be in substantial conformance with the preliminary design and layout of the buildings which shall govern the general location of the individual units, easements, parking lots and roadways. 2. _ That a Certificate of Subdivision Approval shall be obtained from by the Department of Environmental Quality and Kalispell Public Works Department stating that the plans and specifications for water and sewer service services have been reviewed and approved. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish Pre -Plat Waiver Depot Square Building #3 September 9, 1999 Page 2 3. That a letter be obtained from the Kalispell Building Department stating that the proposed condominium buildings have been constructed according to the required- specifications. 4. This waiver of preliminary plat approval is valid for three years and shall expire on September 9, 2002. Waiver of preliminary plat approval does not constitute approval of the subdivision. Please note that prior to final plat approval, all requirements must be met per Section 2.07 and Chapter 3 of the City of Kalispell Subdivision Regulations. If you have any questions regarding this matter, please call Narda Wilson at this office. Sincerely, Thomas R. Jentz Planning Director TRJ/ NW C: Randy Ogle H: \FRDO \LETTERS\WAIVEPP\ 1999\DEPSQ. DOC September 17, 1999 RE: Depot Park Square Building ;43 Thomas R. Jentz Flathead Regional Development Office 723 5th Ave East - Room 414 Kalispell, Montana 59901 Dear Tom: As long as ownership of the structure and property of the proposed condominium building is held in common (i.e., no property lines are modified), the existing construction meets the required specifications. Sinc rely, � 112"�lYJ Darryl Byl / Plans Examiner Kalispell Building Department DB/pm cc: Randy Ogle Jim Thompson Post Office Box 1997 • Kalispell, Montana 59903-1997 Telephone (406) 758-7700 • FAX (406) 758-7758 j9-99 THU 05:00 PM FRDO FAX:400'7585781 PAGE 2 Flathead Regional Development Office 723 51t Ave. East Room 414 Kalispell, MT 5 901 Phone: (406)75S-5980 F • (406)758-5781 �' r i REVISED PRELIMINARY PLAT APPLICATION - (For Mobile Home and RV Parks and Condominium Projects Where No Land is Divided) Project Name: ilp:5— 't)Catya.i2-E c. p Contact Person: Name: o 0-11 Address• ( 7 Bd(• f2t4 Phone No.: 2 5 7 -- l o 7 6 1 2'5 7 -5 5 3 3 #3 Owner: KF�LcSnGG.r � r Gvt„�^ 5 tt6 Date of Preliminary Plat Approval: N 1i _ t�i� ��z l-/,FTl u Type of Project: Mobile Home Park RV Park Condominium Other No. of Spaces Proposed Parkland: Land in Project (ac.) ••�� Land (ae) Cash -in -Lieu Exempt FILLING FEE ATTACHED Minor MH/RV Park, Condo (5 or fewer spaces) Major MH/RV Park, Cando (6 or more spaces) Not AJtg_cheA Applicable (MUST CHECK ONE) 1� $200 + 15/ space $300 + 15/space Health Department Letter RV or Mobile Home Park Rules of Operation Subdivision improvements Agreement (attach collateral) Parkland Cash -in -Lieu (check attached) Covenants (Original signature provided) Homeowners Hy-Laws/Articles of Incorporation (Originals) Plats: I mylar copies 4 bluelines A revised preliminary plat must be signed by all owners of record, and by the surveyor. 1 �-99 1 HU 05 : 00 PIA FRDO FAX:406758578 PAGE Attach a letter which lists each condition of preliminary plat approval and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification. State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place' are not acceptable. A complete revised preliminary plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the F.R.D.O. and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the Planning Board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for F.R.D.O. staff to be present on the -property for routine monitoring and inspection during the approval and development process. As approved by the CAB on 5/25/99 Revised 6/30/99 2 Date DEPARTMENT OF ENVIRONMENTAL QUALITY PERMITTING AND COMPLIANCE DIVISION METCALF BUILDING MARC RACICOT, GOVERNOR 1520 E SIXTH AVE STATE OF MONTANA September 27, 1999 FAX (406)444-1374 JERRY LIPP ENVIRONMENTAL CONSULTING 1995 3RD AVE E KALISPELL MT 59901 PO BOX 200901 HELENA, MONTANA 59620-0901 RE: BUILDING NUMBER THREE DEPOT PARK SQUARE FLATHEAD COUNTY E.Q. #00-1422 Dear Mr. Lipp: This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-124, MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 176-4-111 (3), MCA). Construction of water or sewer extensions prior to approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Sincerely, Karla ay Compliance Specialist Subdivision Section Water Protection Bureau cc: City Engineer, City of Kalispell file AN EQUAL OPPORTUNITY EMPLOYER" Cltv of KallSDell Post Office Box 1997 • Kalispell. Montana 59903-1997 • Telephone (406) 758-7700. , FAX (406) 758-7758 - OCT i 1999 '= F. R. D. 0. October 1, 1999 Jerry Lipp Environmental Consulting 1995 3d Avenue East Kalispell, Mt. 59901 - Re: Building Number Three, Depot Park Square Dear Jerry: The referenced property did not require the elision of City utilities. Sewer and water facilities that are adjacent to and provide services for the property existed prior to development and were constructed to City of Kalispell standards. Respectfully, Zcar�5Amerman, P.E. Assistant City Engineer Copy To: FRDO DECLARATION OF UNIT OWNERSHIP FOR 1VANtr DEPOT PARK SQUARE BUILDING #3 This Declaration of Unit Ownership, hereinafter referred to as "Declaration", is made this day of August, 1999, by DEPOT PARK PARTNERS, LLC, a Montana limited liability company, hereinafter referred -to as "Declarant". WITNESSETH: Pursuant to Title 70, Chapter 23, the "Unit Ownership Act", Montana Code Annotated, as amended, this Declaration is hereby made applicable to that certain property as provided and described below. 1. Submission to Unit Ownership. The purpose of this Declaration is to submit the land herein described and the buildings and improvements constructed thereon, to the unit form of ownership and use in the manner provided by the Montana "Unit Ownership Act" as provided in §70-23-101, et seq., Montana Code Annotated, as amended, hereinafter referred to as "Act", and to comply with the applicable provisions thereof. a. The land which is hereby submitted to the unit form of ownership is particularly described as follows: Lot 3 of LItpQt Park Square, according to the plat thereof on file and of record with the office of the clerk and Recorder of Flathead County, Montana. t. � rrie by Which this property is to be identified is "Depot Park Square Building #Y, rci; fter referred to as "Project". The property is located at 24 First Avenue East, ilisptll, Fla' :gad County, Montana. 2. Definitions. The terms: used herein shall have the meanings stated in the "Act" and as follows: a.: "Association" means the "Association of Owners of Depot Park Square Building #3", being all Unit Owners acting in a group in accordance with this Declaration and the Association's By-laws. b. "Common Elements" means the general common elements and the limited co on elements. C. "Common Expenses" means: (1) expenses of administration, maintenance, repair or replacement of the Common Elements; (2) expenses agreed upon as common by all the Unit Owners, either in the By-laws or by Agreement, as provided by the terms of the Act; and (3) expenses declared to be common by virtue of §70-23- 610 and § 70-23-612, Montana Code Annotated, as amended, or by the By-laws of the Association. _, d. "General Common Elements "-shall be the following: (1) the land on which the building is located, except any portion thereof as may be part of a Unit or made a Limited Common Element by this Declaration; (2) the foundations; all structural elements, which includes footings, columns, girders, beams, supports, mainwalls, roofs, joists, exterior walls, including signs, interior walls, except the finished surface thereof within Units, floors and ceilings, except the finished surface thereof in Units; (3) gardens, landscaping, sidewalks, covered walkway, and metal sculptures and (4) installations of central services, including but not limited to, power, gas, light, hot and cold water and sewer pipes, tanks, electrical wiring and conduits (except as may be those pipes, electrical wiring, conduits, hot water tanks, and other apparatus, situated entirely within the space of a Unit and serving only said Unit), pumps, motors, fans, compressors, ducts, and in general all apparatus and. installations existing for common use; (5) the common right to use all General Common Elements as herein described and any other areas specifically designated as General Common Elements by this Declaration; and (6) all other elements of the building necessary or convenient to its existence, maintenance, and safety or normally in common use. e. "Limited Common Elements" mean those common elements and areas. if any, specifically designated either pursuant to this Declaration or future decl—df'Ons, reserved for the use of a particular Unit or number of Units to the ex-RIsion of the other Units. The Limited Common elements, if any, shalt b,, maintained by the Unit or Units for which the Limited Common EIement is reacrved. f. "Property" means the i$nd, all buildings, improvements and structures thereon and all easements, rights and appurtenances belonging thereto which are submitted to the unit form of ownership under the Act. g. "Unit" means a part of the property intended for independent use and with a direct exit to a public street or public right of way or to a common area leading to a public street or right of way. h. "Unit Designation" means the number, letter, or a combination thereof designating a Unit on the Project. _ i. "Unit Owner" means the person or entity owning a "Unit" in fee simple absolute or under and pursuant to a Contract for Deed or as a co-owner in any real estate tenancy relationship recognized under the laws of the State of Montana. A Lessee shall not be considered a "Unit Owner". F� 3. Pipes, Ducts, Cable, Wire, Conduits, Public Utility Lines, and Other Common Elements Located Inside of Units. Each Unit Owner shall have an easement in common with the Owner of the other Unit to use all pipes, ducts, wire, cables, conduits, public utility lines and other General Common Elements located in any of the other Units and serving his Unit. Each Unit shall be subject to an easement in favor of the Owners of the other Units to use the pipes, ducts, wires, cables, conduits, public utility lines, and other General Common Elements serving such other Units and located in such Unit. 4. General Description of Buildings. The buildings and Property being submitted to the unit form of ownership are located at 24 First Avenue East, Kalispell, Montana. The total land area, a portion of it begin occupied by the buildings, is approximately 18,458.48 square feet, or approximately 0.424 acres as set forth on the plat of Depot Park Square which is attached hereto as Exhibit "A" and by this reference incorporated herein. The northerly boundary of the land fronts 139.89 feet on Lot 2 A of the Amended Subdivision Plat of Lots 2, 3, and 4, Block 36, Kalispell Original; the easterly boundary of the land fronts 131.94 feet on First Avenue East; the southernly boundary fronts 139.88 feet on Lot 4 of Depot Park Square; and the westerly boundary fronts 131.95 feet on the alley between Main Street and First Avenue East, Kalispell, Montana, all as set forth on Exhibit "A" hereto. The Project as contemplated will be five (5) Units located in two (2) single story buildings, with no basements. The five (5) Units shall be located and situated as depicted on Exhibit "B" attached hereto and by this reference incorporated herein. The principal materials of the building existing and as contemplated consists of: wood frame construction, stucco exterior, and a ballasted E.P.B.M. roof. 5. Unit Descri tp ion. The designation of each Unit and the general floor plan of each Unit is more particularly described on those floor plans attached hereto as Exhibit "B". The contemplated five (5) Units are more particularly designated, located and described as follows: Unit A Consists of approximately 1009 square feet and is situated and located as set forth on Exhibit "B" hereto. Unit B Consists of approximately 2244 square feet and is situated and located as set forth on Exhibit "B" hereto. Unit C Consists of approximately 1868 square feet and is situated and located as set forth on Exhibit "B" hereto. Unit D Consists of approximately 2225 square feet and is situated and located as set forth on Exhibit "B" hereto. 3 Unit E Consists of approximately 2324 square feet and is situated and located as set forth on Exhibit "B" hereto. The Units as conveyed include those General Common Elements owned in common with the other Unit Owners of the Project. The boundary lines of each Unit are the unfinished interior surfaces of the perimeter walls, floors, ceilings, windows, window frames, door and door frames, and includes the portion of the building so described and the air space so encompassed. 6. Shares of General Common Elements and Expgnses. Each Unit Owner shall own an undivided 20% interest in the General Common Elements as set forth on Exhibit "A" attached hereto, and shall be liable for common expenses in the same percentage, unless specifically stated otherwise in the By-laws. 7. Service. The name of the person to receive service of process in cases provided by §70-23-901, M.C.A., is: Ken Yakechak 157 No. Meridian Road, Suite 112 Kalispell, MT 59901 8. Use and Restrictions. The use of the Property shall be in accordance with the following provisions: a. The Property and Units shall be used only for professional office and retail purposes, and shall be used and occupied only by the Unit Owners, their agents, employees, clients, customers, invitees, guests, and lessees; and the use shall be in accordance with the City of Kalispell Zoning Ordinance. b. No Unit shall be utilized in any manner which shall interfere with the peaceful possession of the other Units. C. The sale or transfer of all Units may be limited by the provisions contained in the Statement of Covenants and By-laws of the Association and if so limited, no Unit may be sold or otherwise transferred without first so complying with said provisions. 9. Covenants and By-laws. All present and future Owners, tenants and lessees, and guests and invitees of Owners and lessees and all occupants in the Units shall be subject to and comply with the provisions of: a. This Declaration. 4 b. The Statement of Covenants and By-laws of the Association of Unit Owners of the Depot Park Square Building #3, as they may be amended from time to time, which is of record and is by this reference specifically incorporated herein. C. Rules and regulations as promulgated from time to time under the provisions of the Statement of Covenants and By-laws of the Association of Unit Owners of Depot Park Square Building #3. d. The acceptance of a deed or conveyance, or the entering into occupancy of any Unit in Depot Park Square Building #3, constitutes an agreement that the provisions of this Declaration, the Statement of Covenants and By-laws of the Association of Unit Owners of Depot Park Square Building #3, and the rules and regulations as defined in said Declaration and By-laws and as promulgated by the Association which are accepted and ratified by such Owner, tenant, lessee, or occupant and all of such provisions shall be deemed and taken to be covenants running with the land and the Units and each of them and shall bind any person having at any time any interest or estate, tenancy, leasehold or occupancy in such Unit, as though such provisions were recited and stipulated at length in each and every deed or conveyance, lease or instrument or tenancy. The failure of the Association or any Unit Owners to enforce any covenant, restriction, rule and regulation, or any provision of the Unit Ownership Act, this Declaration, the Statement of Covenants and By-laws of the Association, or the rules and regulations adopted from time to time shall not constitute a waiver of the right to do so thereafter. 10. Revocation or Amendment. This Declaration shall not be revoked or any of the provisions herein amended unless all of the owners and the holders of a first security interest covering the Units unanimously agree to such revocation or amendment by duly recorded instruments. 11. Termination. This Declaration of Unit Ownership shall be terminated only in the manner provided in §70-23-801 through §70-23-806, inclusive, Montana Code Annotated, as amended, from time to time. 12. Invalidity. The invalidity of any provision of this Declaration shall not affect in any manner the validity or enforcability of the remainder of this Declaration and the other provisions of this Declaration shall continue in effect as if such invalid provision shall not have been included herein. 5 IN WITNESS WHEREOF, the Declarant executes this Agreement this day of August, 1999. • DEPOT PARK PARTNERS, LLC,. a Montana limited liability company LE STATE OF MONTANA } :ss. County of Flathead) On this day of , 1999, before me, the undersigned, a Notary Public for the State aforesaid, personally appeared and known to me to be members of DEPOT PARK PARTNERS, LLC, and acknowledged to me that they executed the same on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date first above written. Notary Public for the State of Montana SEAL Residing at: My Commission Expires: 14 th 03 (j) `0 1�0 / �:� ` ' � � ` �� . � � \ k, k \ \ \ � � \ \ � w � . } � � \ ' \ \ ' � � \ � >\/ . % �� /�}) � . /! / ( � � ij fit :Z?= I A §� \\ \\ //� � A .zt C, R Z gi � �/aaauata, - uu�a . • ona*. "a►u�r�s u aoua Wax. no's "Wax 'YJ}.ri .�a►aaau. ■r\aoa•. u• •ii.mii • ••.' u••\.'.' yr ar �n y. i •ia as•u.iass■.• ■. ■. �. / • ■ n■ rc'.a. •■ -► , ryr'Lz..•..:a auuu • aa•.auasSonoma ';t \ �s�r1r1•.1 • . yfJl.•s3_�asu■rt aacur" " iI Of a, i 1{_i6,1 , oCL C �3 ii L Z O Z STATEMENT OF COVENANTS AND BYLAWS OF ASSOCIATION OF UNIT OWNERSHIP OF DEPOT PARK SQUARE BUILDING #3 DEPOT PARK PARTNERS, LLC, a Montana limited liability company, hereinafter referred to as "Declarant", is the owner of that real property located in the County of Flathead, State of Montana, particularly described as follows: Lot 3 of Depot Park Square, according to the plat thereof on file and of record with the office of the Clerk and Recorder of Flathead County, Montana. Declarant will submit the property to the Unit Ownership Act of the State of Montana, as provided in Title 70, Chapter 23, Sections 101 et seq., Montana Code Annotated, as amended (hereinafter referred to as the "Act") as a Project known as Depot Park Square Building #3. WHEREAS, Declarant desires and intends to impose upon said land and improvements mutually beneficial restrictions under a general plan for the benefit of said property as a Unit Ownership project, including both the Units and the Common Elements, together with the Bylaws as required by said Act; NOW, THEREFORE, Declarant hereby declares that all of the property hereinabove described is held and shall be held, conveyed, hypothecated, encumbered, leased, rented, used occupied and improved, subject to the following limitations, which are declared and agreed to be in furtherance of a plan to constitute said property as a Unit Ownership project under the aforesaid Act, as amended, and are established and agreed upon for said purposes and for the purpose of enhancing and perfecting value, desirability and attractiveness of said property. Said limitations, covenants, restrictions, conditions and Bylaws shall run with the aforesaid land and units and shall be binding upon all parties having or acquiring any right, title or interest therein, and shall be for the benefit of each owner of any interest therein and shall inure to the benefit and be binding upon each successor in interest thereof throughout the term of said Project. These covenants, conditions, restrictions and Bylaws have been approved by all persons eligible for membership in the Association and shall be effective on filing of the Declaration of Unit Ownership as required by the Act. 1. Definitions: The property conveyed by a Warranty Deed or Contract for Deed to the Buyer of a unit in the Project is called herein a "Unit Ownership". The individual units are called "Units", and the land including the improvements thereon, exclusive of all Units is called the "General Common Elements", the definition of such being set forth in the Declaration of Unit Ownership. The current Unit Owners and future Unit Owners, to the extent they own any Unit Ownership, are herein called an Owner or Unit Owner or Owners or Unit Owners, which term includes successors in interest. 2. Voting Owners: Each unit ownership shall have one vote. Said vote for a Unit may be exercised either by proxy or by the "Voting Owner" in person. The "Voting Owner" shall be sole Owner of the Unit or the person designated in writing to the Board of Directors of the Association by the Owner or the Owners of said Unit. Any designation for voting is revocable by actual notice to the Board. The total number of votes of all voting owners shall be five (5). 3. Annual and Special Meeting: There shall be a meeting at the Project of the Voting Owners on the last Wednesday of February of each year, or at such other reasonable time as may be designated by written notice of the Board, delivered to the Owners not less than ten (10) days prior to the date fixed for said meeting. At the annual meeting, the Board shall present a written statement of the common expense fund, with itemized receipts and disbursements for the preceding fiscal year and the allocation thereof to each Owner. Within ten (10) days after the Annual Meeting, said statements shall be delivered to the Voting Owners not present at said meeting. A special meeting of the Voting Owners may be called at any reasonable time and place by written notice signed by a majority of the Board or by the Voting Owners having one-half ('h) of the total votes and delivered to all Owners not less than ten (10) days prior to the date fixed for said meeting. The presence of the Voting Owners having a majority of the total votes at any meeting shall constitute a quorum. Unless otherwise expressly provided herein, any action may be taken at any meeting of the Voting Owners upon the affirmative Vote of the Voting Owners having a majority of the total votes present at such meeting. The first Board of Directors shall be elected at a meeting of the Voting Owners to be called by Declarant within thirty (30) days after recording of the Declaration of Unit Ownership. The Board of Directors shall be elected each year by the Voting Owners and shall consist of one Owner from each Unit. 4. Notices: Any notice permitted or required to be delivered as provided herein may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered twenty-four (24) hours after a copy of same has been deposited in the United States mail, postage prepaid, addressed to each such person at the last address given by such person to the Board for the purpose of service of such notice. Such address may be changed from time to time by notice in writing to the Board. Upon written request the holder of any duly recorded security interest against any Unit Ownership may promptly obtain a copy of any and all notices permitted or required herein to be given to the Owner or Owners whose Unit Ownership is subject_ to the said security interest and no notice to such Owner shall be deemed to have been validly delivered unless the requesting holder of such security interest has received such notice. Said request for notices need not be renewed and shall entitle the holder of any security interest to all notices from and after the date of said request until said request is withdrawn or said security interest is satisfied of record. 2 5. Board of Directors and Officers: At each annual Owners' meeting the Voting Owners shall elect a Board of Directors for the forthcoming year, consisting of one (1) Owner from each Unit, who shall serve without compensation. Three (3) Board members shall constitute a quorum. Upon ceasing to be an Owner a person may no longer be a Director. Any Director may be re-elected to serve for an additional term or terms. The Board shall each year at its meeting elect a Chairman from its membership. Vacancies on the Board shall be filled by the remaining members of the Board for the unexpired term vacated. If there are less than three (3) remaining members, vacancies must be filled by the Unit Owners at a meeting called for that purpose. Any member of the Board may be removed and a successor elected for the unexpired portion of his term by a majority of the voting Owners present at a special meeting called for such purpose. The Board shall act by a majority vote of those present at its meeting where a quorum exists, a quorum being three (3) Board members. Meetings may be called, held, and conducted in accordance with such regulations as the Board may adopt. Until the election of the first Board of Directors, its rights, duties, and functions shall be exercised by Declarant, unless otherwise provided herein. The Board Chairman shall also be the President of the Association who shall preside over meetings. At each annual meeting there shall be elected from the members of the Board a Secretary and a Treasurer or a Secretary/Treasurer for the ensuing year with said election to be made at each annual board meeting, which meeting shall be held immediately following the Annual Meeting of voting Owners without any notice required other than the provision of this Bylaw. The Board of Directors may also act without a meeting by unanimous consent of its members, and any Director may participate in a meeting through use of conference telephone or similar communications equipment, so long as all Directors can hear one another; such manner of participation constitutes presence in person at such meeting. 6. General Common Elements - Authority of the Board of Directors: The Board of Directors shall acquire and shall pay for out of the common expense fund hereinafter provided for, the following expenses which are defined as "Common Expenses": (a) A policy or policies for fire insurance, with extended coverage endorsement, as the Board shall from time to time determine giving protection for the full insurable value of the improvements, which policies shall insure the Owners, and the holders of security interest, as their interests may appear, and which policy or policies shall provide for separate protection for each Unit according to a fair evaluation determined by the Board of Directors, and with a separate loss payable endorsement in favor of the holders of security interest of each Unit, if any. If any Unit Owner believes the fire insurance and extended coverage endorsement for his unit is insufficient, he may, at his own expense, obtain additional coverage. (b) A policy or policies of comprehensive general liability insurance coverage insuring the Association, the Board of Directors and the Owners, against any liability to the public or to the Owners (of Unit Ownerships and of the General 3 Common Elements, and their invitees, or tenant), incident to the Ownership and use of the General Common Elements and Unit Ownerships, the liability under - which insurance shall not be less than One Million Dollars ($1,000,000.00) combined single limit for injury to or death or any manner of persons or for damage to property of others arising out of one occurrence. Such limits shall be reviewed at least annually by the Board and increased or decreased at its discretion. (c) Legal, accounting and other services necessary or proper in the operation of the Project or enforcement of these Bylaws. (d) Painting, maintenance, repair, and all landscaping of the General Common Elements as the Board shall determine are necessary and proper, and the Board shall have the exclusive right and duty to arrange for such painting, maintenance, repair, and all landscaping and to such required furnishings and equipment for the General Common Elements. (e) Any other materials, supplies, labor, services, maintenance, repairs, structural alterations, capital improvements, insurance, taxes or assessments, which the Board is required to secure or pay pursuant to the terms of these restrictions, or by law, or which in their opinion shall be necessary or proper for the operation of the Common Elements, or for the enforcement of these Bylaws; provided, that if any such materials, supplies, labor, services, maintenance, repairs, - structural alterations, insurance, taxes or assessments are provided for a particular Unit Ownership, the cost thereof shall be specifically assessed to the Owner of such Unit Ownership. The Board may at its option also pay any amount necessary to discharge any lien or encumbrance levied against the entire Project, or any part thereof, which may in the opinion of the Board constitute a lien against the General Common Elements rather than merely against the interest therein of a particular Owner. When an Owner is responsible for the existence of such lien, that Owner shall be liable for the cost of discharging it and any costs incurred by the Board by reason of said lien or liens, including attorney fees and costs, shall be specifically assessed to and paid by said Owner. (i) The maintenance and repair of any Unit Ownership, if such maintenance or repair is reasonably necessary to protect the General Common Elements or to preserve the appearance and value of the Project, and the Owner or Owners of said Unit Ownership have failed or refused to perform said maintenance or - repair within such time as determined by the Board after written notice of the necessity of said maintenance or repair is delivered by the Board to said Owner, a special assessment may be levied against such Unit Ownership for the cost of said maintenance or repair. 4 (g) The Board of Directors may employ for the Association a management agent at a compensation established by the Board to perform such duties and services as the Board shall authorize including, but not limited to, the duties listed above. (h) The Board's powers, hereinabove enumerated, shall be limited in that the Board shall have no authority to acquire and pay for out of the Common Expense Fund capital additions and improvements, (other than for purposes of replacing portions of the General Common Elements) subject to all provisions of these Bylaws. 7. Board Powers. Exclusive: Unless the Board agrees otherwise, it shall have the exclusive right to contract for all goods, services, and insurance which are to be paid from the Common Expense Fund. 8. Common Expense Fund: Assessments: (a) Within fifteen (15) days prior to the annual meeting of the Association, the Board shall estimate the Common Expenses to be paid during such year (including a reasonable provision for contingencies and less any surplus for the prior year's fund). Unless otherwise specified herein, all of said estimated Common Expenses may be assessed to the Owners at the annual meeting. if said sun estimated proves inadequate for any reason, including nonpayment of any Owner's assessment, the Board may at any time levy a further assessment, which shall be assessed to the Owners in like proportions unless otherwise provided herein. Each Owner shall be obligated to pay assessments made pursuant to this paragraph to the Board in annual installments on or before the first day of the month following the month of assessment as provided above, or in such other manner as the Board may designate, and any unpaid assessments shall bear interest at the rate of ten percent (10%) from the due date until same is paid in full. (b) When the first Board elected hereunder takes office, they shall determine the estimated Common Expenses, as hereinabove defined, for the period commencing with the election of the first Board and ending on the day proceeding the first annual Meeting of voting Owners. Assessments for such estimated Common Expenses may be levied against the Owners and if levied shall be payable within twenty (20) days after notice of levy. (c) The rights, duties, and functions of the Board set forth in this Paragraph Eight (8) shall be exercised by the Declarant until the election of the first Board hereunder. 5 (d) All funds collected hereunder shall be expended for the purposes designated herein. (e) The omission of the Declarant or the Board before the expiration of any year to fix the assessments hereunder for that or the next year shall not be deemed a waiver or modification in any respect of the provisions of this Statement, or a release of the Unit Owners from the obligation to pay the assessments or any installment thereof for that or any subsequent year, but the assessment fixed for the preceding years shall continue until a new assessment is fixed. Amendments to this paragraph shall be effective only upon the unanimous written consent of the Owners and their holders of security interest. No Owner may exempt himself from liability or escape liability for the assessments provided for herein by waiver of the use or enjoyment of any of the General Common Elements or by abandonment of his or her Unit Ownership. (f) The Board shall direct the Treasurer of the Association to keep and designate who shall keep detailed and accurate records of the receipts and expenditures affecting the General Common Elements specifying and itemizing the maintenance and repair expenses and other expenses incurred. All "records" will be itemized and shall be kept pursuant to good accounting principals. 9. Default in Payment of Assessments: Each assessment and each special assessment shall be separate, distinct and personal debts and obligations of the Owner against whom the same are assessed. In the event of a default or defaults in payment of any such assessments and in addition to any other remedies herein or by law provided, the Board may enforce such obligation as follows: (a) By suit or suits at law to enforce each such assessment obligation. Each such action must be authorized by a majority of the Board at a regular or special meeting thereof and any such suit may be instituted by any one or more members of the Board. Each such action shall be brought in the name of the Association. Any judgment rendered in any such action shall include, where permissible under law, a sum for reasonable attorney's fees in such amount as the court may adjudge against such defaulting Owner; and/or (b) At any time within thirty (30) days after the occurrence of any such default, the Board, acting upon the authorization of the majority thereof at any regular or special meeting, may give a notice to the defaulting Owner, which notice shall state the date of delinquency, amount of the delinquency, and make a demand for payment thereof. If such delinquency is not paid within ten (10) days after delivery of such notice, the Board may elect to file a claim of lien against the Unit Ownership of such delinquent Owner. Such claim of lien shall state (1) the name of the delinquent Owner or reputed Owner, if known; (2) a description 6 of the Unit Ownership against which claim of lien is made; (3) the amount claimed to be due and owing (with any proper offset allowed); and (4) that a lien is claimed against said described Unit Ownership in an amount equal to the amount of the stated delinquency. Any such claim of lien shall be executed and acknowledged by any two (2) members of the Board. Upon recordation of a duly executed original in the office of the Clerk and Recorder of Flathead County, at Kalispell, Montana, the lien claimed therein shall immediately attach and become effective. Each default shall constitute a separate basis for a claim of lien or a lien. Any such lien may be foreclosed by an appropriate action in court or in the manner provided by law. An action to recover a money judgment for unpaid Common Expenses may be maintained without foreclosing or waiving the lien securing the claim for Common Expenses. In the event of foreclosure of the lien, reasonable attorney's fees and expenses shall be allowed to the extent permitted by law. 14. Exclusive Ownership and Possession by Owner: Each Owner shall be entitled to exclusive Ownership and possession of his or her Unit. Each Owner shall be entitled to an undivided interest in the General Common Elements as set forth and defined in the Declaration of Unit Ownership recorded in accordance with the terms of the Act. The percentage of the undivided interest of each Owner in the General Common Elements shall have a permanent character and shall not be altered without the consent of all Owners expressed in an amended or restated Declaration duly recorded. The percentage of the undivided interest in the General Common Elements shall not be separated from the Unit to which it appertains and shall be deemed to be conveyed, encumbered or released from liens with the Unit even though such interest is not expressly mentioned or described in the conveyance or other instrument. Each Owner may use the General Common Elements in accordance with the purpose for which they are intended without hindering or encroaching upon the Iawful rights of the other Owners. An Owner shall not be deemed to own the undecorated and/or unfinished surfaces of the perimeter walls, floors, ceilings, windows, and doors bounding his unit, nor shall the Owner be deemed to own the utilities running through his unit which are utilized for or serve more than one Unit, except as a tenant in common with the other Owners. An Owner, however, shall be deemed to own and shall have the exclusive right to paint, repaint, tile, carpet, wax, paper or otherwise refinish and decorate the inner surfaces of the walls, floors, ceilings, windows, and doors bounding the Unit. 11. Owners' Obligation to Repair: Except for any portions which the Board of Directors any be required to maintain or repair hereunder, each Owner shall, at the Owners's expense, keep the interior of his Unit and its equipment and appurtenances in good order, condition, and repair, and in a clean and sanitary condition, and shalt do all redecorating, painting varnishing, and take such other action which may at any time be reasonably necessary to maintain the good appearance and condition of his or her Unit. In addition to decorating and keeping the interior in good repair, the Owner shall be responsible for the maintenance, 7 repair or replacement of plumbing fixtures, water heaters, furnaces, lighting fixtures, refrigerators, heating and air-conditioning equipment, or other fixtures and equipment that may be within that Unit. An Owner shall promptly discharge any lien which may hereafter be filed against his or her Unit and shall otherwise abide by the provisions of the Act, the Declaration, and this Statement of Covenants and Bylaws. An Owner shall post and maintain on the exterior of the Unit the address of the Unit in accordance with the rules and regulations of the Board. 12. Prohibition Against Structural Changes by Owner: An Owner shall not, without first obtaining written consent of the Board of Directors, make or permit to be made any structural alteration, improvement or addition in or to his Unit or in or to the exterior of the building or any Common Area. An Owner shall do no act nor any work that will impair the structural soundness or integrity of the building or safety of the Project property or impair any easement or hereditament without the written consent of all Owners. An Owner shall not paint or stain a different color or modify any portion of the exterior of the building or any Common Area without first obtaining written consent of all Owners. 13. Waivers: The failure of the Board to insist in any one or more instances upon a strict performance of or compliance with any of the covenants of the Owner hereunder, or to exercise any right or option herein contained, or to serve any notice, or to institute any action or summary proceeding shall not be construed as a waiver, or a relinquishment for the future of such covenant or option or right, but such covenant or option or right shall continue and remain in full force and effect. The receipt by the Board of any sum paid by the Owner hereunder, with or without knowledge by the Board of the breach, and no waiver, expressed or implied, by the Board of any provision hereof, shall be deemed to have been made unless expressed in writing and signed by the President pursuant to authority contained in a resolution of the Board. 14. Limitation of Board of Directors' Liability The Board shall not be liable for any failure to supply any service to be obtained and paid for by the Board hereunder or for injury or damage to person or property caused by the elements or by another Owner or person in the Project, or resulting from electricity, water, gas, rain, dust or sand which may leak or flow from outside or from any part of the building or from any of its pipes, drains, conduits, appliances, or equipment or from any other place unless caused by the gross negligence of the Board. No diminution or abatement of Common Expense assessments shall be claimed or allowed for inconveniences or discomfort arising from the making of repairs or improvements to the Common Elements or from any action taken to comply with a law, ordinance or orders of any governmental authority. 0 15. Indemnification of Board of Directors' Member: Each member of the Board shall be indemnified by the Owners against all expenses and liabilities, including attorney's fees, reasonably incurred by or imposed upon him in connection with any proceeding to which he may be a party, or in which he may become involved, by reasons of his being or having been a member of the Board of Directors, or any settlement thereof, whether or not he is a member of the Board at the time such expenses are incurred, except in such cases wherein the member of the Board is adjudged guilty of willful misfeasance or malfeasance in the performance -of his duty; provided, that in the event of a settlement, the indemnification shall apply only when the Board shall approve such settlement and reimbursement as being for the best interests of the Board. lb. Rules and Regulations: The Board may from time to time, establish and amend such rules and regulations as is deemed necessary for the management and control of Units and the General Common Elements as not otherwise provided herein, and the Owners agree that the Owners' rights under this instrument shall be in all respects subject to such rules and regulations, which rules and regulations as promulgated and amended from time to time shall be considered as a part of this Statement of Covenants and Bylaws; and the Owner agrees to obey --all such rules and regulations as the same are or may from time to time be amended and see that the same are faithfully observed by the employees, clients, customers, invitees, guests, tenants, or anyone occupying said Unit under his right and interest. Such rules shall uniformly apply to and be finding upon all occupants of Units. 17. Enforcement: Each Owner shall comply strictly with the provisions of this Statement and with the rules and regulations adopted pursuant thereto as the same may be lawfully amended from time to time and with the decisions adopted pursuant to this Statement and rules and regulations and failure to comply shall be grounds for an action to recover sums due for damages or injunctive relief, or both, maintainable by the Board on behalf of the Owners or by the aggrieved Owner alone. 18. 'faxes and Assessments: Each Owner shall execute such instruments and take such action as may reasonably be specified by the Board and required by law to obtain the separate tax assessment of each Unit Ownership. If any taxes and/or assessments may in the opinion of the Board nevertheless be a lien on the entire Project or any part of the General Common Elements, they may be paid by the Board and may be assessed by the Board to the non-paying Owner. If applicable, each Owner shall be obligated to pay assessments by the Board for his pro rata share of any taxes or assessments assessed against the entire Property of the Association, such payment to be made to the Board at least fifteen (15) days prior to the delinquency of such tax or assessment. All such taxes and assessments are secured by the lien created by Paragraph 10 above. 19. Use of Units and Common Elements: The Unit Ownerships and General Common Elements shall be occupied and used as follows: 0 (a) Each Unit shall be occupied or used only for commercial purposes, the use to be in accordance with the City of Kalispell Zoning Ordinances. (b) Nothing shall be stored or placed in or about the General Common Elements without the prior consent of the Board. (c) Nothing shall be done or kept in any Unit or in the General Common Elements which will increase the rate of insurance on the building without the prior written consent of the Board. No Owner shall permit anything to be done or kept in his Unit or in the General Common Elements which will result in the cancellation of insurance on the building or which would be in violation of any law. No waste will be committed in the General Common Elements. (d) Nothing shall be done in any Unit, or in, on, or to the General Common Elements which will impair the structural integrity of the building or which would structurally change the building. (e) No animals shall be kept in any Unit Ownership, or in the General Common Elements. (f) No noxious or offensive activity shall be carried on in the Unit Ownership or in the General Common Elements, nor shall anything be done in any Unit therein which may be or become an annoyance or nuisance to the occupants of the other Units. (g) Nothing shall be altered or constructed in or removed from the General Common Elements, except upon written consent of the Board. -- (h) There shall be no violation of the rules and regulations established from time to time by the Board furnished in writing to the Owners. (i) No offensive or unlawful use shall be made a property or any part thereof, and each Unit Owner, at his own expense, shall comply with, perform, and fully satisfy all city, state, and federal laws, statutes, ordinances, regulations, orders, or requirements affecting his Unit. (j) No sign of any kind shall be placed in or on windows, doors, facades, or other exterior surfaces of the building, except as approved by the Board of Directors. (k) No wiring for electrical or telephone installation, television antenna, machines or air-conditioning units or the like shall be installed on the exterior of the Project, or which protrude through he walls or the roof of the Project, except as authorized by the Board of Directors. 10 (1) No Owner, occupant, or licensee shall post their names, or any other notice in any lobby, vestibule, hallway, or other General Common Element area except in places provided therefore by the Board of Directors. (m) All damage to General Common Elements caused by the moving or carrying of articles therein shall be the responsibility of and shall be paid for by the Owner or person in charge of such articles. (n) Throwing garbage or trash outside disposal installations provided for such purposes is prohibited. (o) The covered walkway which separates Units A and B from Units C and D shall t be used for retail advertising or promotion without the prior written approval of the Board of Directors. Any Unit Owner who permits a violation of the above may be assessed a fine according to a schedule to be established by the Board of Directors, in addition to being subject to the remedies provided in Paragraph 9 above. 20. Right of Entry: The Board or its Manager may enter any Unit Ownership when necessary in connection with any maintenance, repair, or construction for which the Board is responsible, and for inspection where there is reasonable cause either that a covenant set out in this Statement has been violated or that a condition exists which is noxious, offensive, or dangerous to the other Unit Owners and for correction of the above. Such entry shall be made with as little inconvenience to the occupants as practicable and any damage caused thereby shall be repaired by the Board, at the expense of the Common Expense Fund. 21. Da age and Destruction: If a building is damaged by fire or other casualty which it is insured against, the insurance proceeds shall be used to repair or rebuild such damaged portion in accordance with the original plans and specifications. If the insurance proceeds are insufficient to pay all of the costs of repairing and/or restoring and/or replacing the building or buildings, the Board shall levy a special assessment on the Unit Ownership of one -fifth (1/5th) of the amount of the insufficiency, and such special assessments shall be secured by the lien created under Paragraph 9 hereof. 22. Audit: Any Owner may at any time at his own expense cause an audit or inspection to be made of the books and records of the Board of Directors and Association. The Board, as a common Expense, shall obtain an audit of all books and records pertaining to the Project no greater than at annual intervals and furnish copies thereof to the Owners. 23. Board Compensation: The Board shall serve without compensation. The Board shall have the authority in their discretion to hire a Manager of the Project if it is 11 deemed to be in the best interest of the Unit Owners and such compensation shall be established by the Board. 24. Right of First Refusal: Any right of first refusal imposed relative to any Unit will not impair the rights of the holders of first security interest to foreclose or take title to a Unit pursuant to the remedies in the security interest to accept a deed or assignment in lieu of foreclosure in the event of default by a holder of first security interest, or sell or lease a unit acquired by said holder of first security interest. 25. First Lienholder's Obligation for Unpaid Dues or Charges: Any first Lienholder who obtains title to a Unit pursuant to the remedies in the security interest or through foreclosure will not be liable for more than six (6) months of the Unit's unpaid dues or charges accrued before the acquisition of the title to the Unit by the holder of first security interest. hereof: 26. Protection and Rights Confirmed: Notwithstanding any other provisions (a) The lien which may be created hereunder (Paragraph 9 above) upon the interest of any Unit Ownership shall be subject and subordinate to, and shall not affect the rights of the holder of tax and assessment liens and shall not affect the rights of the holder of the indebtedness secured by any recorded prior mortgage or trust indenture (meaning a mortgage or trust indenture with first priority over other mortgages or trust indentures) upon such interest made in good faith and for value, provided that after the foreclosure of any mortgage, there may be a lien created pursuant to Paragraph 9 hereof on the interest of the purchaser at such foreclosure sale, which -said lien, if any claimed, shall have the same effect and be enforced in the same manner as provided for herein. (b) No amendment under this paragraph shall affect the rights of the holder of a security interest recorded prior to the recordation of such amendment who does not join in the execution thereof. (c) By subordination agreement executed by a majority of the Board, the benefits of (a) and (b) above may be extended to mortgages and trust indentures not otherwise entitled thereto. (d) No provision of the Unit Ownership documents is intended to give or give a Unit Owner or any other party priority over any rights of the first Lienholder of the Unit pursuant to its mortgage in case of a payment to the Unit Owner of insurance proceeds or condemnation awards for loses to or taking of the Units and/or General Common Elements. 12 27. Limitations in Actions of Owners Association: Except as provided by statute t and irrespective of other provisions contained herein, in case of condemnation or substantial loss to the Units and/or General Common Elements of the Project, the Association is not entitled to take any of the following actions unless all of the first holders of security interest and voting Unit Owners give their consent: (a) Seek to abandon or terminate the Project by act or omission. (b) Change the pro rasa interest or obligation of any Unit in order to levy assessments or charges, allocate distribution of hazard insurance proceeds or condemnation awards, or determine the pro rata share of ownership of each Unit in the General Common Elements. (c) Partition or subdivide any Unit. (d) By act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer the General Common Elements. The granting of easements for public utilities or other public purposes consistent with the intended use of the General Common Elements by the Project is not a transfer in the meaning of this clause, nor is the normal selling or encumbering of a Unit (which includes as part thereof the General Common Elements) a violation of this clause. (e) Use hazard insurance proceeds for losses to any property (whether Units or General Common Elements) for other than the repair, restoration, replacement, or reconstruction of the property. 28. Amendment: The provisions of these Bylaws, other than this paragraph, may be amended by an instrument in writing signed and acknowledge by Unit Owners of a least eighty percent (80%) interest of the voting Owners, which amendment shall be effective upon recordation in the office of the Clerk and Recorder of Flathead County, Kalispell, Montana, of a copy of the amendment certified by the presiding officer and Secretary of the Association. if Paragraphs 6(b), 6(c) and 25 through 28 are amended, the holder of first security interest of each Unit must consent thereto. 29. Remedies not Exclusive: All remedies provided for herein for the various parties shall not be exclusive of any other remedies which these parties may have as provided for by law. 30. Interpretation: The provisions of this Declaration and of these Bylaws shall be liberally construed to effectuate the purpose of creating a uniform plan for the development and operation of a Unit Ownership Commercial Development. 13 31. Severability: The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or enforceability of any provision shall not affect the validity or enforceability of any other provision hereof. 32. Effective Date: This Statement of Conditions, Covenants, Restrictions and Bylaws shall take effect upon recording. - - IN WITNESS WHEREOF, Declarant has caused this Statement to be executed this day of , 1999. DEPOT PARK PARTNERS, LLC, a Montana limited liability company t STATE OF MONTANA ) :ss. County of Flathead ) -- On this day of , 1999, before me, the undersigned, a Notary Public for the State aforesaid, personally appeared and , known to me to be members of DEPOT PARK PARTNERS, LLC, and acknowledged to me that they executed the same on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date first above written. SEAL Notary Public for the State of Montana Residing at: My Commission Expires: 14 DEPOT PARK SQUARE PARKING/ACCESS AGREEMENT THIS AGREEMENT made this day of September, 1999, by DEPOT PARK PARTNERS, LLC, a Montana Limited Liability Company, as follows: WHEREAS, Depot Park Partners, LLC owns the real property situated in Flathead County, Montana, which is more particularly described on Exhibit A attached hereto and by this reference incorporated herein; and WHEREAS, there is a parking lot located at the corner of Main Street and First Street East, Kalispell, Montana, which is situated on Parcel 2 of Exhibit A, and which is more particularly described on Exhibit B attached hereto and by this reference incorporated herein, which parking lot is intended for the joint and mutual use and benefit of the owners, employees, clients, customers, guests and invitees of all of the real property described on Exhibit A attached hereto; and WHEREAS, there is a parking lot located at the corner of First Avenue East and First Street East, Kalispell, Montana, which is situated on Parcel 4 of Exhibit A, and which is more particularly described on Exhibit B attached hereto, which parking lot is intended for the joint and mutual use and benefit of the owners, employees, clients, customers, guests and invitees of all of the real property described on Exhibit A attached hereto; and WHEREAS, Depot Park Partners, LLC has developed and is the Declarant in the Declaration of Unit Ownership for Depot Park Square Building No. 3, which consists of five condominium units which are described as Parcel 3 on Exhibit A attached hereto; and WHEREAS, the parking for the condominium units of Depot Park Square Building No. 3 shall be in the parking lots described above which are located on Parcel 2 and Parcel 4 of Exhibit A hereto, and which are depicted on Exhibit B hereto, or another parking facility within the City of Kalispell which meets the parking requirements of the City of Kalispell. The owners may desire to make Parcel 4 a future building site and in such event the owners of Parcel 4 must supply replacement parking which is comparable to the parking on Parcel 4; and WHEREAS, the parties desire to execute an agreement for the use and maintenance of said parking lots. NOW, THEREFORE, the parties do hereby agree as follows: 1. That each of the owners of each parcel of real property described on Exhibit A attached hereto, and their successors and assigns, shall have a perpetual and permanent easement and right to use the parking lots located on Parcel 2 and Parcel 4 of Exhibit A hereto for parking, ingress and egress purposes, including the perpetual right to enter upon the real property over which said parking lots traverse at any time as they may deem necessary to use or maintain said parking lots, in common with all other owners of real property described on Exhibit A, and their successors and assigns. The owners of Unit A, Unit B, Unit C, Unit D and Unit E of Depot Park Square Building No. 3, including their employees, clients, customers, guests, invitees, and agents, shall each be entitled to the exclusive use of two parking spaces in the parking lot situated at the corner of First Street East and First Avenue East in Kalispell, Flathead County, Montana, which real property is more particularly described as Parcel 4 of Exhibit A attached hereto, or as may be designated in a new parking lot. 2. In addition, the owners, employees, clients, customers, guests, invitees, and agents of Units A, B, C, D, and E of Depot Park Square Building No. 3, shall have the right to use other parking spaces in the parking lot located at the southwest corner of the intersection of First Street East and First Avenue East of Kalispell, Flathead County, Montana, and the parking lot located at the northeast corner of Main Street and First Street East of Kalispell, Flathead County, Montana. 3. This Agreement shall be appurtenant to and run with the real property described on Exhibit A hereto and shall be binding upon all parties having or acquiring any right, title or interest therein, and shall be for the benefit of each owner of any interest in said real property and shall inure to the benefit and be binding upon each successor in interest thereof. 4. Each of the parties hereto reserves unto themselves, and their successors and assigns, the full use and enjoyment of the aforesaid parking lots and easement, in common with all other parties hereto, and their successors and assigns, except as to the rights herein granted and reservations retained. 5. All snow removal, maintenance, repair, and other expenses for the — above -described parking lots, walk areas and landscaping shall be shared between the owners of the property in the following percentages: Parcel One - 37.22 % Parcel Two - 18.28 % Parcel Three - Depot Park Square Building No. 3 Unit A - 4.70% Unit B - 10.34 % Unit C - 8.60 % 1° Unit D - 10.16 % Unit E - 10.71 % There shall be no sale or transfer of an interest in any property subject to this Agreement separate and distinct from this agreement. 6. The owners shall establish and equally contribute to an account for snow removal and maintenance of said parking lots, in such amounts as the owners deem necessary. The amount and the time and method of payment shall be established and agreed to by the owners of the real property described on Exhibit A attached hereto. Notice of each owner's assessment therefor shall be sent to each owner by registered or certified mail, at the property address, and shall be due on the first day of the month following the notice of assessment. In the event of default, the other owner(s) may give 10 days' written notice of said default to said defaulting owner, and if the default is not cured within said 10-day period, the owner(s) may file a claim of lien against the property of the owner for the amount due, and may also file suit to collect said amount due, plus interest at the legal rate, and all costs of suit, including reasonable attorney fees to collect the sums due. 7. In the event of a dispute regarding snow removal or maintenance of said parking lots, walk areas and landscaping, or a dispute regarding the performance of any other terms and conditions of this agreement, such disputes shall be submitted to and resolved by an arbitration committee consisting of three (3) arbitrators, one appointed by the owner(s) of each parcel of real property subject to this Agreement, and the third arbitrator appointed by the first o arbitrators so appointed, the decision of which committee shall be binding upon all of the parties hereto, their successors and assigns. 8. This agreement shall be binding upon and adhere to the benefit of the heirs, personal representatives, successors in interest, and assigns of the parties hereto, and all present and future owners of the above described real property. 9. In the event of failure to perform, comply with, or abide by each and every condition and covenant in this Agreement, such defaulting party shall pay all costs, charges, and expenses, including reasonable attorney fees, reasonably incurred by the non -defaulting party because of such default. IN WITNESS WHEREOF, the undersigned executes this Agreement this day of September, 1999. DEPOT PARK PARTNERS, LLC, a Montana limited liability company am STATE OF MONTANA :ss. County of Flathead On this day of , 1999, before me, the undersigned, a Notary Public for the State aforesaid, personally appeared and known to me to be members of DEPOT PARK PARTNERS, LLC, and acknowledged to me that they executed the same on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date first above written. SEAL Notary Public for the State of Montana Residing at: My Commission Expires: EXHIBIT "A" Parcel I Lot 4 of Depot Park Square, according to the plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Parcel 2 Lots 13, 14, 15, and 16 of Block 36, Kalispell Original Townsite, according to the plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Parcel 3 Depot Park Square Building #3 Condominiums, Unit A, Unit B, Unit C, Unit D and Unit E, according to the Declaration of Unit Ownership for Depot Park Square Building #3 on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Parcel 4 Lots 1 through 4 and the northerly 7 inches of Lot 5 of Block 45, Kalispell Original Townsite, according to the plats thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. N aLul bt ►111EtpG>RttedsTttir le3Escro r� N South Maln Kafepell, MT 59903-1310` (406) 752-5368 .'� for _=_T r lstyti the Insurance GUARANTEE S� AMERI A. � � FirstAmerican Title Insurance Company Validatin ignatory H 3 2 8 L 99 Forth No.12B2 (Rev. 12115/95) FILE NO.: CT-59063 3 FEE: $125.00 H-328899 SUBDIVISION OR PROPOSED SUBDIVISION: Building Number Three Depot Park Square 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: Sands Surveying FOR THE PURPOSE OF AIDING ITS COMPLIANCE wI7H 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 as follows: Lot 3 of the Plat of Depot Park Square, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. The above -described tract of land is to be known and designated as Building Number Three Depot Park Square. (1) 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: Depot Park Partners, L.L.C., a Montana Limited Liability Corporation, Vestee, First Interstate Bank, Mortgagee, Glacier Bank FSB, Mortgagee. (2) Parties holding liens or encumbrances on the title to said lands are: 1. General and special county and city taxes for the year 1999, a lien not yet payable. NOTE: General and special county and city taxes for the year of 1998 and all prior years have been paid in full. NOTE: As of October 23, 1998, available Flathead County records indicate that the Assessors No. for 1999 will change to 75-0002082. (AFFECTS: Lots 3A, 5, 6, 7, 8, 9, 10, 11 & 12 Block 36 Lots 1, 2, 3, 4, and N711 Lot 5 Block 45) Continued... FILE NO.: CT-59063 H-328899 Page 2 2. Deed of Trust dated August 24, 1998, to secure an indebtedness in the principal sum of AMOUNT $325,000.00, and any other amounts and/or obligations secured thereby. RECORDED September 24, 1998, as Doc. No. 1998-267-11150, records of Flathead County, Montana. GRANTOR Depot Park Partners, LLC TRUSTEE Citizen's Title & Escrow Co. BENEFICIARY: First Interstate Bank Modification of Deed of Trust, recorded November 25, 1998, as Doc. No. 1998-329-13540, records of Flathead County, Montana. (Affects: Premises and other property) 3. Financing Statement covering all equipment and machinery, including power -driven machinery and equipment, furniture and fixtures now owned or hereafter acquired; all contract rights and general intangibles; all proceeds relating to any of the foregoing (including insurance, general intangibles and accounts proceeds); Lot 9 of Block 36 of Kalispell Original Townsite.. RECORDED : December 16, 1998, as Doc. No. 1998-350-09410, as Financing Statement No. 62847, records of Flathead County, Montana. DEBTOR : Christine Spring, Steals SECURED PARTY : Glacier Bank (AFFECTS : Lot 3A of Amd Lots 2, 3 & 4 of Blk 36, Lots 5-9, Blk 36) 4. Deed of Trust dated April 12, 1999, to secure an indebtedness in the principal sum of AMOUNT : $775,000.00, and any other amounts and/or obligations secured thereby RECORDED : May 3, 1999, as Doc. No. 1999-123-11160, records of Flathead County, Montana. GRANTOR : Depot Park Partners, LLC TRUSTEE : Citizen's Title & Escrow Co. BENEFICIARY: First Interstate Bank AFFECTS : Premises and other property (3) Easements, claims of easements and restrictions agreement of record are: 1. Easement for gas pipeline granted to The Montana Power Company recorded July 30, 1962 in Book 447, Page 400, as Doc. No. 5701, records of Flathead County, Montana. (Affects: Lot 3A of Amended Lots 2, 3 & 4, Blk 36, Lots 5-9, Blk 36) 2. Development Agreement Covenant by and between Douglas D. Denmark and Debbie I. Denmark and Depot Park Partners LLC., recorded September 18, 1998, as Doc. No. 1998-261-09420, records Flathead County, Montana. Amended Development Agreement Covenant recorded April 12, 1999, as Doc. No. 1999-102-08230, records of Flathead County, Montana. (Affects: Premises and other property) Continued... FILE NO.: CT-59063 H-328899 Page 3 3. Easement for underground distribution lines granted to Pacific Power & Light Compamy, PTI Communications and TCI Cablevision recorded October 6, 1998 as Doc. No. 1998-279-10290, records of Flathead County, Montana. (Affects: Premises and other property) 4. Unrecorded leaseholds if any; rights of parties in possession other than the vestees herein; rights of secured parties, vendors and vendees under conditional sales contracts of personal property installed on the premises herein; and rights of tenants to remove trade fixtures. 5. No liability is assumed for any tax imposed by Sections 15-30-201 through 15-30-209 MCA wherein a Warrant for Distraint or Certificate has not been filed in the Judgment Docket pursuant to Section 15-1-704 MCA. 6. Easement for the purpose of providing the City of Kalispell the right to construct, maintain and repair an electrical lighting system granted to the City of Kalispell, Montana, a Municipal Corporation recorded January 19, 1999, as Doc. No. 1999-019-09150, records of Flathead County, Montana. 7. The effect of restrictions contained in Certificate of Subdivision Plat Approval recorded with the proposed Plat of Building Number Three Depot Park Square, records of Flathead County, Montana. The above described property is located within and subject to the jurisdiction of the Kalispell Fire District. DATED: September 16, 1999, at 8:00 A.M. Subscribed and sworn to before me this =Way of a= 1-.9`��\----- Notary Publi for State of Montana Residing at My Commission Expires 7-)2:-(Z CONSENT TO PLATTWG Pw-suant to Section 76-3-612, MCA 1979, the undersigned, Glacier Rank, hereby consents to the Platting of a tract of land to be known and named as the "Plat of Building Number Three Depot Park Square" thereof attached. / IN W1TNF, VYf1k�tECa , said Pa" s caused their nee to be subscribed hereto on this Y_ ay of 6 f , 19 eier Bank STATE OF MONTANA } }SS COUNTY OF FLATHEAD } on this-2 d! 4of fly, 19 ,before me a I1'otary Public far the State of Montana, Personally appeared 5..4tA e. and known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same. Not Public fort tate of Montana Residing at: <.,g LrS f c LLB. My Commission Expires:.- / 161 ,,? c--C) 3 CONSENT TO PLATTING Pursuant to Section 76-3-612, MCA 1979, the undersigned, First Interstate Bank, hereby consents to the Platting of a tract of land to be known and named as the "Plat of Depot Park Square" thereof attached. IN WITNESS WHEREOF, said party has caused their name to be subscribed hereto on this 1j day of Sc,? f<«�� , 19 i c First Interstate Bank STATE OF MONTANA ) )SS COUNTY OF FLATHEAD ) On this ��ay of �-Gv�, *-- 1999, before me a Notary Public for the State of Montana, personally appeared and known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same. " 0-44:iu� Notary Public or the State of Montana Residing at: VAQ , D _— M Commission Ex ire 1 ---�- Y P � D4 PLAT ROOM FT.ATIIRAn rOUNTY, MONTAMA 800 a. MAIN KALIsPELL, M-T 59901 (406) 758-5510 THIS FOR!,t Tar' FOR SUBDIVISIONS AND CONDOMINIUMS ONLY FOR: DATE' -7114,11-,7.7 DESCP: PURPOSE: 7— 9 k- <� - . - - ® Auk 3C., le4e YEAPS u -7 ASSESSOR # 1992 THRU AND To nATM hnrrby cni-t-i fy that there are flo outstanding taxes oll the prr,pprty assigned thn innnsnor nlimbers listod above, for the years indicated fi--,r each assessor ni-mber. , r AW -41999 DEPUTY. TRFAM S