09. Ordinance 1281 - Buffalo Commons PUD AmendmentsAgenda -January 20,1998
AGENDA ITEM 9 - ORDINANCE 1281-BUFFALO COMMONS-PUD AMENDMENTS TO
COVENANTS
BACKGROUND/CONSIDERATION: I have enclosed the proposed changes to the Buffalo
Commons Planned Unit Development declaration of covenants submitted by their representatives.
These changes revise covenants to more precisely describe and restrict the duties of the property
owners in regard to their own property and the commons area. The single family covenants will now
include architectural review standards in terms of size of home required. The multi -family covenants
will now permit a maximum residential unit of four. Other minor changes were made to clarify the
intent to limit retail business uses to less than 3,000 sq. ft..
RECOMMENDATION: Upon review of the request, in conjunction with the site development
committee review and the City Attorney's recommendation, I recommend that the changes that have
been requested and compiled within the enclosed document be approved. This approval will give the
owners more protection and control of this development.
ACTION REQUIRED: ORDINANCE 1281 must be approved on two readings to implement
these changes in the covenants of the PUD.
ORDINANCE NO. 1281
AN ORDINANCE AMENDING ORDINANCE NO. 1226 (PLANNED UNIT DEVELOPMENT,
BUFFALO COMMONS) BY ALLOWING THE VACATION OF THE DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS, BUFFALO COMMONS, (COMMON
AREA, RETAIL/COMMERCIAL/OFFICE, MULTI -FAMILY, SINGLE FAMILY AND
MEDICAL FACILITIES) BY VACATING THOSE COVENANTS, CONDITIONS, AND
RESTRICTIONS, BUFFALO COMMONS DESIGNATED IN ORDINANCE NO. 1226,
SECTION I, (A) , (B) , (C) , (D) AND (E) AND REPLACING SAID VACATED
SECTIONS WITH COVENANTS, CONDITIONS AND RESTRICTIONS, BUFFALO
COMMONS AS SET FORTH HEREIN, AND DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS
FOLLOWS:
SECTION I. That the Declarations of Covenants, Conditions,
and Restrictions, Buffalo Commons, (A), (B), (C),(D) and (E),
Section I, Ordinance No. 1226, (Records of Flathead County,
Doc. No. 9527615080) are hereby vacated subject to the
execution of revised Covenants, Conditions and Restrictions,
Buffalo Commons, by Northwest Healthcare and the successors in
interest.
SECTION II. That the Planned Unit Development, Buffalo
Commons is hereby amended by including therein the following
Declarations of Covenants, Conditions and Restrictions,
Buffalo Commons:
A) Declarations of Covenants, Conditions and
Restrictions, Buffalo Commons (Common Area)
[Exhibit "A", attached hereto, incorporated herein,
and thereby made a part hereof];
B) Declarations of Covenants, Conditions and
Restrictions, Buffalo Commons (Retail/Commercial/
Office) [Exhibit "B", attached hereto, incorporated
herein, and thereby made a part hereof];
C) Declarations of Covenants, Conditions and
Restrictions, Buffalo Commons (Multi -Family)
[Exhibit "C", attached hereto, incorporated herein,
and thereby made a part here of];
j:wp/ord/buffcommpud 1
D) Declarations of Covenants, Conditions and
Restrictions, Buffalo Commons (Single Family)
[Exhibit "D", attached hereto, incorporated
herein, and thereby made a part hereof];
E) Declarations of Covenants, Conditions and
Restrictions, Buffalo Commons
(Medical/Professional Facilities) [Exhibit
"E", attached hereto, incorporated herein, and
thereby made a part hereof];
SECTION III. All other parts and portions of Ordinance No.
1226, not amended hereby, shall remain the same.
,SECTION IV. This Ordinance shall take effect from and after
30 days of its passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA, THIS DAY OF JANUARY, 1998.
Wm. E. Boharski - Mayor
ATTEST:
Debbie Gifford, CMC/AAE
Clerk of Council
j:wp/ord/buffcommpud 2
EXHIBIT "A"
• '► •1� •►T 11-0430 lot I Lei1
BUFFALO COMMONS
(Common
THIS DECLARATION, made this day of , 199J, by
Northwest Healthcare Corporation, hereinafter referred to as "DECLARANT',
WITNESSETH;
That WHEREAS, Northwest Healthcare Corporation is the owner of real
property known as "Buffalo Commons" situated in Flathead County, Montana,
described as follows:
All that land as shown on and described as
Parcels 1, 2, 3, and 4 of Certificate of Survey No.
12409 and as amended by Parcel 1 of Certificate of
Survey No. 13186, Records of Flathead County,
Montana.
That WHEREAS, Declarant is desirous of subjecting all of said property
hereinabove described as all that land as shown on and described as Parcels 1,
2, 3 and 4 of Certificate of Survey No. 12409, and as amended by Parcel 1 of
Certificate of Survey No. 13186, Records of Flathead County, Montana, to the
Conditions, Covenants and Restrictions hereinafter set forth, each and all of
which is and are for the benefit of said property and for each owner thereof and
shall inure to the benefit and pass with said property, and each and every parcel
thereof, and shall apply to and bind the successors in interest, and any owner
thereof;
NOW, THEREFORE, the Declarant, being the owner of all of the real
property above -described, hereby declares that the said real property is, and
shall be, held, transferred, sold and conveyed, subject to the conditions,
restrictions, covenants and reservations hereinafter set forth; and
E
All persons or corporations who now or shall hereafter acquire any
interest in and to the above -described property shall be held to agree and
covenant with the owner of any of the property hereinabove described, or any
parcel thereof, and with their heirs and successors and assigns, to conform to
and observe the following covenants, restrictions, and conditions as to the use
thereof, and as to the construction of dwellings and improvements thereon.
Section 1: "Declarant" herein mentioned is Northwest Healthcare
Corporation.
Section 2: "Association" shall mean The Buffalo Commons Common
Area Owners Association.
Section 3: "Owner" shall mean and refer to the person or persons
owning a parcel of land in fee simple, absolute, individually or as an owner in
any real estate tenancy relationship recognized under the laws of the State of
Montana, including a unit ownership pursuant to a recorded unit ownership
declaration.
Section 4: "Common Area" shall mean all real property owned or
maintained by the Association for the common use and enjoyment of others,
including but not limited to parks, trails, easements, and recreational facilities
as more particularly shown on the plat of The Buffalo Commons Planned Unit
Development as approved by the City of Kalispell, together with any
modifications thereto as reflected on the individual Phases I through IV as
subsequently approved by the City of Kalispell and recorded among the land
records, Flathead County, Montana.
Section 5: "Lot" shall mean any parcel, unit, or other ownership interest
in real estate.
Section 6: "Vote" or "voter", shall mean one vote per lot, provided that
the Declarant herein shall be entitled to a vote for each lot it owns inclusive of
a lot shown on a preliminary subdivision plat which has not received final
subdivision plat approval.
FUMINK01IM2:10100VAGIVA0 ' . 11111819
Section 1. Non-profit Corporation: The owners of the property described
as all that land shown on and described as Parcels 1, 2, 3 and 4 of Certificate
of Survey No. 12409, and as amended by Parcel 1 of Certificate of Survey No.
13186, Records of Flathead County, Montana, shall form a Montana Non-profit
Corporation and adopt necessary By -Laws known as "The Buffalo Commons
Common Area Owners Association, Inc." hereinafter referred to as Association.
The Association to be formed by Declarant shall have as members all owners
as defined herein. Membership in the association shall be appurtenant to and
shall not be separated from the ownership interest. Members shall participate
in the manner prescribed by the Articles and By -Laws of the Association, and
resolutions of the Association's Board of Directors. The Association's purpose
is to provide services and facilities to the owners as it may determine.
Every owner who is a member of the Association shall have a right and
easement of enjoyment in and to the common area which right shall be
appurtenant to and shall pass along with the owner's title subject to the
following provisions:
a. The right of the Association to charge reasonable admission and
other fees for the use, care,' maintenance and improvement of the
common area.
b. The right of the Association to suspend the use or enjoyment of the
common area or facilities and services provided directly or indirectly by
it for any period during which any fee or assessment against an owner's
interest remains unpaid, or for the continued violation of the Articles and
By -Laws of the Association or the resolutions of the Association's Board
of Directors.
C. Any Association member may delegate the right of enjoyment of
the common area to members of the member's family, tenants, contract
purchasers or guests.
Section 2. Purim: The purpose of the Buffalo Commons Common
Area Owners Association is to adopt rules and regulations for the use and
maintenance of the common areas as defined herein and located within the
property described as all that land as shown on and described as Parcels 1, 2,
3
3 and 4 of Certificate of Survey No. 12409, and as amended by Parcel 1 of
Certificate of Survey No. 13186, Records of Flathead County, Montana.
Common areas include parking lots, parks and other miscellaneous common
areas, playground equipment, trail system, highway boulevard and signage.
Section 1. Assessment/Creation of Lien: Each owner (other than
Declarant) by accepting deed to or land contract for a lot as defined herein
within the real property described as all that land shown on and described as
Parcels 1, 2, 3 and 4 of Certificate of Survey No. 12409, and as amended by
Parcel 1 of Certificate of Survey No. 13186, Records of Flathead County,
Montana, whether or not specifically so expressed in said conveying
instrument, shall be deemed to covenant, agree, and shall be bound to pay
assessments established pursuant to the provisions of these covenants, which
will include regular annual assessments and special assessments for general
Association operating funds, capital improvement or water use. Assessments,
whether special or regular, may be collected on a monthly, quarterly or yearly
basis, together with interest, costs and reasonable attorney's fees incurred in
the enforcement of the provisions of this article.
Section 2. Declarant's Assessment/Date of Commencement of
Assessment: Pending sale of the lots, Declarant shall be responsible for all
assessments on said unsold lots as same become due. At sale, assessments
shall be pro -rated as of date of sale. Declarant remaining responsible for
assessments to date of sale and the lot purchaser being responsible thereafter.
All such allocations shall be based on a 365 day year.
Section 3. Lien: Assessments as provided herein shall be a charge on
each owner's lot and shall be a continuing lien against said lot and said
assessment, together with any interest, costs, and reasonable attorney fees
incurred in collection same shall also be a personal obligation of the owner of
the lot at the time when said assessment became due.
Section 4. Purpose: Assessments for the purpose of common area
maintenance shall be specifically allocated for that purpose. General
assessments assessed against owners of the lots shall be for the general
purpose of maintaining Association property. Assessments shall be used to
administer the covenants to maintain and improve quality of the common area
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as well as the Planned Unit Development as a whole and to promote the
recreation, health, safety, comfort, convenience, and welfare of Buffalo
Commons Planned Unit Development.
Section 5. Regular Assessments: The Board of Directors shall levy
assessments authorized by a majority of the Association to cover the annual
Association operating budget. The Board of Directors shall further establish an
assessment as and for a fund for the maintenance of the common area. Said
assessments shall be billed and collected over the same term and at the same
time. The first year for which annual assessments shall be established and
collected shall be the calendar year 1998.
Section 6. Uniform Rate: Common area assessments as well as
regular and special assessments, shall be fixed at a uniform rate provided that
the assessments shall be divided among all the individual lots based on a pro
rata share for each lot as to the entire real estate subject to the assessment
under these covenants. Property Owner Association assessments for the
maintenance, improvements, taxes, and/or general operation of the common
areas within Buffalo Commons (Phases I - IV) shall be proportionately
distributed to each platted lot based on ratios that reflect the proportionate size
of each phase or lot to the total lot area within Phases I - IV. In general terms,
the percent of annual assessment by phase is as follows:
Phase 1 25 % of the total annual fees;
Phase II 16% of the total annual fees;
Phase III 34% of the total annual fees; and,
Phase IV 25 % of the total annual fees.
For convenience purposes, the total annual fees for Phases I & II may be
assessed on a per lot or unit basis such that the total obligation for each phase
is divided by the total number of lots or sublots within each phase. For
example, the total annual assessment obligation for Phase I would be divided
by 31 (lots) to determine a per lot assessment. The total assessment for Phase
II would be divided by 35 (sublots) to determine a per unit assessment. The
annual assessments for Phases III & IV shall be determined solely on a square
footage basis where the proportion of the assessment obligation is determined
5
by dividing the total area of a particular lot by the total lot area of all phases
(1 ,410, 303.44 sq ft) and multiplying that quotient by the total annual
assessment.
For purposes of this section, the total assessment area for each Phase of
development is as follows:
Phase 1 357,148.44 sq ft
Phase II 230,545.00 sq ft
Phase III 471,947.00 sq ft
Total 1,410,303.44 sq ft
Section 7. Assessment period/Due Date: Assessments as provided
herein shall commence as against all lots on the 1st day of January, 1998.
Thereafter, the Board of Directors shall fix the amount of the regular annual
assessment against each lot annually. Commencing with January 1, 1998, an
assessment period shall consist of a calendar year.
Written notice of the applicable annual assessment shall be sent to every
owner subject thereto.
Upon an owner purchasing a lot, liability for regular and special
assessments shall be prorated on a daily basis to the extent of the number of
days remaining from date of purchase in any assessment period. Said proration
shall be based on a 365 day year.
Section 8. Special Assessments: Special Assessments to include
common area maintenance fund as herein provided, may be set at the regular
annual meeting or upon any special meeting called for said purpose. In the
event of special meeting, written notice to each of the members of the
Association must be given no less than 30 or more than 50 days prior to said
meeting. Presence of 50% or more of the members of the Association at any
meeting called for the purpose of establishing any regular or special assessment
shall constitute a quorum, and at said meeting a majority of said quorum shall
0
control.
Section 9. Nonpayment/Remedies: Any assessment not paid within
30 days after the due date shall bear interest from the due date at the prime
rate as established by Glacier Bank, Kalispell, Montana, per annum. The
Association may bring an action at law against the owner of the residential lot
in default as and on the basis of an account due. Said assessment obligation
shall be a personal obligation. In addition to the amount of the assessment and
any interest thereon, in the event of any such suit the Association shall be
entitled to all attorney's fees incurred and costs. Any Judgment shall be
entitled to all rights and legal consideration as any Judgment received under the
laws of Montana.
No owner subject to assessment may waive or otherwise escape liability
for the assessment herein provided by nonuse of the common area or
abandonment of his lot.
In addition to the provisions for suit and collection as hereinabove set
forth, the Association may suspend a delinquent owner's voting rights at
Association meetings, the right to use, enjoy and have the benefit of the
common area. In the event of failure to pay common area maintenance
assessments, the Association may terminate the right to ingress, egress and/or
utilization of the common facilities.
Section 10. Subordination or Assessment Lien: The lien of any
assessment provided herein shall be subordinate to any purchase money
security interest for a lot acquired herein or construction lien for the
construction of a resident herein when said lien secures the lender's obligation
for said acquisition or construction. In the event, however, of foreclosure of
said lien, the Association shall not be required nor be under any obligation to
provide access, or any of the other amenities of the common area to any
subsequent purchaser, either through default or otherwise, until all past due
obligations owed are paid in full. The provisions of this paragraph may be
modified or waived in their entirety at the discretion of the Association.
ARTICLE IV. RESTRICTIONS AS TO LANDSCAPING
Section 1 . Irrigation: All open spaces shall have an automatic irrigation
system.
7
Section 2. Landscaping:
Species.
Ponderosa Pine
Summit Green Ash
Norway Maple
Russian Olive
Section 3. Planting: The following are the basics needed for the low
maintenance program.
1. Turf is an Athletic Field mix which consists of:
25 % Linn Rer Rye Grass
23% Manhattan Rye Grass
39 % Creeping Red Rescue
10% Kentucky Blue Grass
2. All plant material used for landscaping within the development shall
be propagated and grown within the plant hardiness zones 3, 4, and 5.
3. Trees with a caliper of two (2) inches or less will be staked upon
planting. the contractor will periodically check and correct/replace loose stakes
and ties. Stakes will be removed after one (1) growing season.
4. All trees will be mulched after planting. Trees shall be mulched
with four (4) inches of shredded wood or bark.
5. Establishment of landscaping is the responsibility of the
Declarant/Contractor. The establishment period is one (1) year.
Section 4. Path System: The design criteria for a bikeway has been
used in developing the actual open space path construction. This multi -purpose
path as available for use by the residents of Buffalo Commons exclusively
because it is privately maintained. For liability reasons, signs will then have to
be posted at the entrances of the open spaces.
1 . The width for the multi -purpose path is four (4) to eight (8) feet.
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2. The path pavement can be constructed of asphalt or portland
cement concrete which has been machine laid to insure a smooth surface.
3. A minimum cross slope of two (2) percent is required for proper
drainage.
Species.
Ponderosa Pine
Patmore Ash
Bailey Compact American Cranberry Bush
Kathryn Dykes Potentilla
Section 6. Signs:
West Entrance: A sign approximately ten (10) feet long by four and one-
half (4 1 /2) feet tall shall be permitted.
Landscaping
Ponderosa Pine
Aspen (single and multi -stem)
Peking Cotoneaster
Kathryn Dykes Potentilla
Annuals
East Entrance: A sign no greater than ten (10) feet long by four and
one-half (4 1 /2) feet tall shall be permitted.
Landscaping
Ponderosa Pine
Aspen (single and multi -stem)
Kathryn Dykes Potentilla
Annuals
ARTICLE V. ENFORCEMENT
Section 1 . Interested Parties: Any owner shall have the option and
right to enforce, by any proceeding at law or in equity, all restrictions,
W
conditions, covenants, reservations and charges now or hereafter imposed by
the provisions of this Declaration. The method of enforcement may include
proceedings to enjoin the violation, to recover damages, or both. Failure by any
owner to enforce any such provision shall in no event be deemed a waiver of
the right to do so thereafter. The City of Kalispell is an interested party and
shall like an owner, at its sole election, also has the authority to enforce these
Covenants.
Section 2. Severability: Invalidation of any one of these covenants
or restrictions by judgment or court order, shall in no wise affect any other
provision which shall remain in full force and effect.
The provisions of these protective covenants are to run with the land and
shall be binding upon all parties and all persons claiming under them, for a
period of twenty (20) years from the date they are recorded, after which time
said protective covenants shall be automatically extended for successive
periods of ten (10) years unless an instrument executed by the owners of
seventy-five percent (75%) of the land described as all that land shown on and
described as Parcels 1, 2, 3 and 4 of Certificate of Survey No. 12409, and as
amended by Parcel 1 of Certificate of Survey No. 13186, Records of Flathead
County, Montana, excluding common areas has been recorded agreeing to
terminate said protective covenants or change them in whole or in part. Each
lot shall be entitled to one vote under this Article.
ARTICLE VII. AMENDMENT
This Declaration may be amended by an instrument signed by the owners
of Seventy-five Percent (75%) of the land described as all that land shown on
and described as Parcels 1, 2, 3 and 4 of Certificate of Survey No. 12409, and
as amended by Parcel 1 of Certificate of Survey No. 13186, Records of
Flathead County, Montana, excluding common areas which instrument has been
recorded, agreeing to such amendment. Each lot shall be entitled to one vote
under this Article provided that in any event an amendment shall not be valid
unless approved in writing by the City of Kalispell.
ice
IN WITNESS WHEREOF, the Declarant has executed this instrument the
day and year first above written.
NORTHWEST HEALTHCARE CORPORATION
President
STATE OF MONTANA )
ss.
County of Flathead )
On this day of , 1998, before me, the
undersigned, a Notary Public for the State of Montana, personally appeared
, known to me to be the President of
Northwest Healthcare Corporation, the Corporation whose name is subscribed
to the within instrument and acknowledged to me that such Corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year in this certificate first above written.
Notary Public for the State of Montana
(Seal) Residing at , Montana
My commission expires
SEEN AND AGREED TO:
J & F CONSTRUCTION, a Montana General Partnership
General Partner
W
STATE OF MONTANA )
ss.
County of Flathead )
On this day of , 1998, before me, the undersigned,
a Notary Public for the State of Montana, personally appeared
, known to me to be a General Partner of J &
F Contruction, a Montana General Partnership, the Partnership whose name is
subscribed to the within instrument, and acknowledged to me that such
Partnership executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year in this certificate first above written.
Notary Public for the State of Montana
(Seal) Residing at , Montana
My commission expires
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EXHIBIT "B"
• _1�1 • • •1 �1 • � i •1
BUFFALO COMMONS
• •
THIS DECLARATION, made this day of , 199_,
by Northwest Healthcare Corporation, hereinafter referred to as "DECLARANT',
WITNESSETH;
That WHEREAS, Northwest Healthcare Corporation is the owner of real
property situated in Flathead County, Montana, described as follows:
All that land as shown on and described as
Parcel 3 of Certificate of Survey No. 13186, Records
of Flathead County, Montana.
That WHEREAS, Declarant is desirous of subjecting all of said property
hereinabove described as all that land as shown on and described as Parcel 3
of Certificate of Survey No. 13186, Records of Flathead County, Montana, to
the Conditions, Covenants and Restrictions hereinafter set forth, each and all
of which is and are for the benefit of said property and for each owner thereof
and shall inure to the benefit and pass with said property, and each and every
parcel thereof, and shall apply to and bind the successors in interest, and any
owner thereof;
NOW, THEREFORE, the Declarant, being the owner of all of the real
property above -described, hereby declares that the said real property is, and
shall be, held, transferred, sold and conveyed, subject to the conditions,
restrictions, covenants and reservations hereinafter set forth; and
All persons or corporations who now or shall hereafter acquire any
interest in and to the above -described property shall be held to agree and
covenant with the owner of any of the property hereinabove described, or any
parcel thereof, and with their heirs and successors and assigns, to conform to
and observe the following covenants, restrictions, and conditions as to the use
thereof, and as to the construction of dwellings and improvements thereon.
F
Section 1: "Declarant" herein mentioned is Northwest Healthcare
Corporation.
Section 2: "Association" shall mean The Buffalo Commons
Retail/Commercial/Office Property Owners Association.
Section 3: "Owner" shall mean and refer to the person or persons
owning a parcel of land in fee simple, absolute, individually or as an owner in
any real estate tenancy relationship recognized under the laws of the State of
Montana, including a unit ownership pursuant to a recorded unit ownership
declaration.
Section 4: "Lot" shall mean any plot of land shown upon any recorded
subdivision plat or map of the property.
Section 5: "Vote" or "voter", shall mean one vote per lot, provided that
the Declarant herein shall be entitled to a vote for each lot it owns inclusive of
a lot shown on a preliminary subdivision plat which has not received final
subdivision plat approval.
ARTICLE II. ARCHITECTURAL REVIEW COMMITTEE
Section 1. Members/Terms: The Architectural Review Committee shall
consist of three individuals appointed by the Board of Directors of the Buffalo
Commons Property Owners Association from owners within the property
described as all that land shown on and described as Parcel 3 of Certificate of
Survey No. 13186, Records of Flathead County, Montana, and shall be known
as the Buffalo Commons Retail/Commercial/Office Architectural Review
Committee hereinafter referred to as Architectural Review Committee. The
members of the Architectural Review Committee may be appointed and
removed at the sole discretion of the Board of Directors of the Buffalo
Commons Property Owners Association.
Section 2. Function of the Architectural Review Committee: A I I
owners intending to construct any structure whatever upon any lot, shall first
submit their plans and specifications, in writing, to the Architectural Review
2
Committee. All plans for the construction of any building, private road or
driveway, fence, wall or other structure to be erected upon any lot and the
proposed location thereof upon any lot and any change, after approval thereof,
any remodeling, reconstruction, alteration or addition to any building, road,
driveway, or other structure upon any lot in said premises, shall require written
approval of said Architectural Review Committee. Before beginning the
construction of any building, road or driveway, parking lot, fence, wall or other
structure whatsoever, or remodeling, reconstruction or altering such road,
driveway or structure upon any lot, the person or persons desiring to effect,
construct or modify the same shall submit to the Architectural Review
Committee, a complete set of plans and specifications thereof including front,
side, and rear elevations, floor plans for each floor and basement, exterior color
schemes, a block or plot plan indicating and fixing the exact location of such
structure or such altered structure on the grading plan if requested. A
reasonable fee shall be paid to the Architectural Review Committee with such
plans, said fee to be set by said Committee. (Preliminary sketch of plan may
be submitted prior to the execution of detailed drawings.)
In the event the proposed improvement shall be one for repainting or
redecorating the exterior of such structure without remodeling or changing it,
or making additions thereto, it shall only be necessary to file one color scheme
of such proposed work and have the same approved prior to the
commencement of such work.
Section 3. Approval by Architectural Review Committee: Approval by
the Architectural Review Committee of all exterior plans and specifications must
be submitted for approval in writing, and shall not be deemed to be a waiver by
the Architectural Review Committee of the right to object to any of the features
or elements embodied in such plans or specifications if and when the same
features or elements are embodied in any subsequent plans or specifications
submitted for approval for use on other building sites. In the event the
Architectural Review Committee fails to act within thirty (30) days after the
proposed plans and specifications of any structure have been submitted, in
writing, or in any event, if no suit to enjoin the construction has been
commenced prior to the completion of an entire dwelling, no specific approval
shall be required for such structure and the pertinent provisions to the
Declaration shall be deemed to have been fully complied with. The
Architectural Review Committee may, at any time, inspect any building or
3
property located in said subdivision for the purpose of determining whether the
exterior of said building conforms to these covenants. Approval of such plans
and specifications shall be evidenced by written endorsement on such plans or
specifications, a copy of which shall be delivered to the owner or owners of the
lot upon which the prospective building, road, driveway or other structure is
contemplated, prior to the beginning of such construction. No changes or
deviations in or from such plans and specifications as approved, shall be made
without the prior written consent of the Architectural Review Committee, and
construction shall be completed within one (1) year from date of approval of
said plans and specifications.
Structural engineering shall be the responsibility of the owner. The
Architectural Review Committee may waive such provisions contained in these
covenants as they deem appropriate. In passing upon any plans and
specifications submitted to it, the Architectural Review Committee shall
consider:
a) Suitability of the improvement and materials of which it is to
be constructed to the site upon which it is to be located;
b) The nature of the adjacent neighboring improvements;
c) The quality of the materials to be utilized in any proposed
improvements; and
d) The effect of any proposed improvement on the adjacent or
neighboring property.
In passing on any plans and specifications, it shall be an objective of the
Architectural Review Committee to make certain that no improvement will be
so similar or so dissimilar to others in the vicinity that values, monetary or
aesthetic, will be impaired, and to maintain for the benefit of the Architectural
Review Committee and all subsequent individual lot owners, the nature
character of the land and to require that all man-made structures blend into the
natural background rather than stand out against it.
C!
Section 1. Retail/Commercial/Office: The following are permitted uses
for all that land shown on and described as Parcel 3 of Certificate of Survey No.
13186, Records of Flathead County, Montana.
Art Sales
Gift Shop
Beauty/Barber Shop
Ice cream parlor
Bicycle sales
Music store
Book store
Prepared food delivery
Camera sales
Photographic studio
Car Wash
Pizza shop
Catering business
Post office
Deli
Travel agency
Donut shop
Hearing aid sales
Drug store
Convenience store/gas
Prosthesis
Restaurant
Health food retail
Video rentals
Pharmacy
Office, professional/govern.
Other retail < 3,000 sq ft
Schools
Insurance sales
Physician Offices
Clinics, medical or dental
Libraries/museums/arts
Community center
Parks
Florist
Fire/Police Station
Banks/Savings & Loans/Finance and
Loan Companies
ARTICLE IV. RESTRICTIONS AS TO LANDSCAPING
Section 1. Landscaping: Landscape treatment required for all lots
shall consist of a combination of turf, shrubs, and trees.
Section 2. Parking Areas:
Landscaping. The following guidelines, adapted from the Kalispell Zoning
Ordinance (chapter 27.26), apply to all parking areas for over four (4) vehicles
and service drives.
A minimum of five percent (5%) of the total parking lot area shall be
5
landscaped. Landscaping is encouraged within the parking lot in the form of
island and along the perimeter of the parking lot for the purpose of providing a
visual relief between a public street and the parking lot.
The island landscape buffer shall consist of planting materials or
planting materials and man-made features to create a visual relief buffer in the
form of a hedge, planter box, berm, shrubbery, or a combination of the above.
Species.
Kathryn Dykes Potentilla
Broadmoor Juniper
Emerald Mound Honeysuckle
OJIQL
-IM"
Section 1. Exterior. All structures to be constructed on the land
described as all that land shown on and described as Parcel 3 of Certificate of
Survey No. 13186, Records of Flathead County, Montana, shall be limited to
the following exterior materials:
Masonry
Giant Brick
Stone
Architecturally finished concrete cast -in -place
Architecturally finished concrete prefabricated panels
Synthetic Stucco
Prefinished panels with anodized aluminum finish
Concrete Block (in visually obscure areas only)
Textured or 'Architectural' Concrete Block (in visually obscure
areas only)
Anodized aluminum panels
Prefinished Architectural Metal Panels
Synthetic Stucco
n.
Prefinished Cedar
C. S offits:
Anodized aluminum panels
Prefinished Architectural Metal Panels
Synthetic Stucco
Prefinished Cedar
Prefinished pressboard
Prefinished Architectural Metal Roofing
Deep Profile Prefinished Metal Roofing
(Light gauge, "common" economy grade is prohibited)
Cedar Shakes and Shingles, Blue label and Fire resistant treated
Exposed Hypalon, Single ply EPDM, and/or Built-up Roofing is
expressly prohibited)
Frames and Materials
Commercial grade thermally -broken anodized aluminum frames
Enamel finished pressed metal frames (on nonpublic entrances)
Glazing
Double or triple glass panels
Low-E type panels
Energy saving features (reflective coatings, argon gas, "Heat
Mirror", special internal coatings et. al.)
Energy saving features (reflective coatings or finishes impacting
appearance)
Applied Finishes - predominantly earth tones
Natural coloration of masonry, stone
Accent Colors
Clear Sealers
7
Semi -transparent stains
The suggested materials list and the establishment of an architectural review
authority will provide the necessary mechanisms to ensure quality design and
development. A special item of architectural concern is the rear -side
appearance of those structures adjoining U.S. Highway 93. In addition to the
materials list, the following regulations and/or landscape features will apply to
those structures adjoining the highway:
A. Development of properties adjacent to Highway 93 will be buffered
with undulating landscape berms and materials from the highway.
Paved areas shall not be visible from the Highway.
B. Refuse shall be contained in attractive, screened enclosures.
C. No temporary storage shall occur in areas between the buildings
and highway.
D. Loading areas shall be consolidated for multiple tenants/businesses
into areas designed to be either attractive features and/or visually
obscured.
E. Exterior appearance of walls and/or roofs of buildings visually
accessible from the Highway shall contain architectural elements
found on the "front" portions of the commercial buildings. Walls
and surface planes shall be broken up in such a manner as to create
visual interest, avoiding monotony.
F. Architectural Lighting shall be provided in utilitarian areas to
promote security and not' compete with Highway lighting.
Section 1. Lot Size: Minimum lot sized shall be 7,000 square feet with
a minimum lot frontage of 70 feet.
Section 2. Building Size: Each building or other structure shall be
constructed, erected and maintained in strict accordance with the approved
plans and specifications. Maximum building height shall be 35 feet. A single
retail structure can provide up to 4 retail spaces on a single lot provided said
structure does not exceed a total store front width of more than 150 feet. All
other uses specifically listed above have no specific size limitation other than
what is necessary to achieve the setback, parking and building height
limitations.
Section 3. Setbacks: Rear setbacks shall be 5 feet for those structures
backing U.S. Highway 93. Elsewhere in this land use pod, the rear setback
shall be 20 feet. Side yard setbacks shall be 10 feet, except the setback shall
be 20 feet on any side corner. Front yard setbacks shall be 20 feet.
Section 4. Utilities: All utilities including but not limited to power,
electric, and telephone shall be underground.
Section 5. Continuity of Construction: All structures shall have the
exterior completed within twelve (12) months of commencement of
construction unless an exception is granted in writing by the Architectural
Review Committee.
Section 6. Temporary Structures: No trailer, basement, tent, shack,
garage, barn or other outbuilding erected or placed on any lot shall at any time
be used as a permanent residence. Any of the aforementioned structures shall
be erected at any time without the written approval of the Architectural Review
Committee.
Section 7. Garbage: No lot shall be used or maintained as a dumping
ground for rubbish. Trash, garbage or other waste, shall be kept in covered,
reasonable airtight containers. Such containers must be kept in a garage or
other enclosed area.
Section 8. Signs: No signs, billboards or other advertising structure
of any kind shall be erected, constructed or maintained on any parcel for any
purpose whatsoever, except such signs as have been approved by the
Architectural Review Committee. Signage is limited to a small wall
identification/logo sign for each shop front. A kiosk -type structure shall provide
a common entrance and identification sign for all of the business tenants
9
located in the area described as all that land shown on and described as Parcel
3 of Certificate of Survey No. 13186, Records of Flathead County, Montana.
Section 9. Parkina: All lot owners shall be responsible for providing
on -site parking in accordance with the Kalispell Zoning Ordinance for the
intended uses.
Section 10. Nuisance: No noxious or offensive activity shall be
carried on nor shall anything be done or permitted which shall constitute a
public nuisance therein.
Section 1 . Interested Parties: ' Any owner shall have the option and
right to enforce, by any proceeding at law or in equity, all restrictions,
conditions, covenants, reservations and charges now or hereafter imposed by
the provisions of this Declaration. The method of enforcement may include
proceedings to enjoin the violation, to recover damages, or both. Failure by any
owner to enforce any such provision shall in no event be deemed a waiver of
the right to do so thereafter. The City of Kalispell is an interested party and
shall like an owner, at its sole election, also has the authority to enforce these
Covenants.
Section 2. Severabilit-y: Invalidation of any one of these covenants
or restrictions by judgment or court order, shall in no wise affect any other
provision which shall remain in full force and effect.
ARTICLE VIII. TERM
The provisions of these protective covenants are to run with the land and
shall be binding upon all parties and all persons claiming under them, for a
period of twenty (20) years from the date they are recorded, after which time
said protective covenants shall be automatically extended for successive
periods of ten (10) years unless an instrument executed by the owners of
seventy-five percent (75%) of the land described as all that land as shown on
and described as Parcel 3 of Certificate of Survey No. 13186, Records of
Flathead County, Montana, has been recorded agreeing to terminate said
protective covenants or change them in whole or in part. Each lot shall be
10
entitled to one vote under this Article.
This Declaration may be amended by an instrument signed by the owners
of Seventy-five Percent (75%) of the 'land described as all that land shown on
and described as Parcel 3 of Certificate of Survey No. 13186, Records of
Flathead County, Montana, which instrument has been recorded, agreeing to
such amendment. Each lot shall be entitled to one vote under this Article
provided that in any event an amendment shall not be valid unless approved in
writing by the City of Kalispell.
IN WITNESS WHEREOF, the Declarant has executed this instrument the
day and year first above written.
NORTHWEST HEALTHCARE CORPORATION
92
President
11
STATE OF MONTANA )
: ss.
County of Flathead )
On this day of , 199_, before me, the
undersigned, a Notary Public for the State of Montana, personally appeared
, known to me to be the President of Northwest
Healthcare Corporation, the Corporation whose name is subscribed to the within
instrument and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year in this certificate first above written.
Notary Public for the State of Montana
(Seal) Residing at , Montana
My commission expires
12
EXHIBIT "C"
• • � i .' I •Ilt•
i • 01101111 ' 1 • •
BUFFALO COMMONS
THIS DECLARATION, made this day of ,
199 , by Northwest Healthcare Corporation, hereinafter referred to as
"DECLARANT',
WITNESSETH:
That WHEREAS, Northwest Healthcare Corporation is the owner of real
property situated in Flathead County, Montana, described as follows:
All that land shown on and described as Parcel 2
of Certificate of Survey No. 13186, Records of
Flathead County, Montana.
That WHEREAS, Declarant is desirous of subjecting all of said property
described as all that land shown on and described as Parcel 2 of Certificate of
Survey No. 13186, Records of Flathead County, Montana, to the Conditions,
Covenants and Restrictions hereinafter set forth, each and all of which is and
are for the benefit of said property and for each owner thereof and shall inure
to the benefit and pass with said property, and each and every parcel thereof,
and shall apply to and bind the successors in interest, and any owner thereof;
NOW, THEREFORE, the Declarant, being the owner of all of the real
property above -described, hereby declares that the said real property is, and
shall be, held, transferred, sold and conveyed, subject to the conditions,
restrictions, covenants and reservations hereinafter set forth; and
All persons or corporations who now or shall hereafter acquire any
interest in and to the above -described property shall be held to agree and
covenant with the owner of any of the property hereinabove described, or any
parcel thereof, and with their heirs and successors and assigns, to conform to
and observe the following covenants, restrictions, and conditions as to the use
thereof, and as to the construction of dwellings and improvements thereon.
0
ARTICLE 1. DEFINITIONS
Section 1: "Declarant" herein mentioned is Northwest Healthcare
Corporation.
Section 2: "Association" shall mean The Buffalo Commons Multi -Family
Property Owners Association.
Section 3: "Owner" shall mean and refer to the person or persons
owning a parcel of land in fee simple, absolute, individually or as an owner in
any real estate tenancy relationship recognized under the laws of the State of
Montana, including a unit ownership pursuant to a recorded unit ownership
declaration.
Section 4: "Maintenance Area" for the purpose of these covenants shall
mean all real property including but not limited to lawns and landscaping owned
by the individual owners of the townhouse lots and located within the
townhouse lots together with the various sidewalks, driveways and
turnarounds. This Maintenance Area is "limited" to the Phase II portion of the
Buffalo Commons Planned Unit Development designated for "multi -family"
development and as such is separate and distinct from the "general" Common
Area enjoyed by and assessed to all Phases I through IV of the Buffalo
Commons Planned Unit Development.
Section 5: "Lot" shall mean any plot of land shown upon any recorded
subdivision plat or map of the property.
Section 6: "Vote" or "voter", shall mean one vote per lot, provided that
the Declarant herein shall be entitled to a vote for each lot it owns inclusive of
a lot shown on a preliminary subdivision plat which has not received final
subdivision plat approval.
ARTICLE 11. PROPERTY OWNERS ASSOCIATION
Section 1. Non-profit Corporation: The owners of the property described
as all that land shown on and described as Parcel 2 of Certificate of Survey No.
13186, Records of Flathead County, Montana, shall form a Montana Non-profit
Corporation and adopt necessary By -Laws known as "The Buffalo Commons
Multi -Family Property Owners Association, Inc." hereinafter referred to as
ILA
Association. The Association to be formed by Declarant shall have as members
all owners as defined herein. Membership in the association shall be
appurtenant to and shall not be separated from the ownership interest.
Members shall participate in the manner prescribed by the Articles and By -Laws
of the Association, and resolutions of the Association's Board of Directors. The
Association's purpose is to provide services and facilities to the owners as it
may determine, including but not limited to the following:
a. The right of the Association to charge reasonable fees for the care,
maintenance and improvement of the maintenance area on each individual
lot inclusive of the right of access to and from said lot.
Section 2. Purpose: The purpose of the Buffalo Commons "Multi -
Family Property Owners Association is to adopt rules and regulations for the
maintenance of the maintenance area and inclusive of the lot landscape areas,
sidewalks, and driveways as defined herein and located within the property
described as all that land as shown on and described as Parcel 2 of Certificate
of Survey No. 13186, Records of Flathead County, Montana.
Section 1 . Assessment/Creation of Lien: Each owner (other than
Declarant) by accepting deed to or land contract for a lot as defined herein
within the real property described as all that land shown on and described as
Parcel 2 of Certificate of Survey No. 13186, Records of Flathead County,
Montana, whether or not specifically so expressed in said conveying
instrument, shall be deemed to covenant, agree, and shall be bound to pay
assessments established pursuant to the provisions of these covenants, which
will include regular annual assessments and special assessments for general
Association operating funds, capital improvement or water use. Assessments,
whether special or regular, may be collected on a monthly, quarterly or yearly
basis, together with interest, costs and reasonable attorney's fees incurred in
the enforcement of the provisions of this article.
Section 2. Declarant's Assessment/Date_Qf Co- mencement of
Assessment: Pending sale of the lots, Declarant shall be responsible for all
assessments on said unsold lots as same become due. At sale, assessments
shall be pro -rated as of date of sale. Declarant remaining responsible for
assessments to date of sale and the lot purchaser being responsible thereafter.
3
All such allocations shall be based on a 365 day year.
Section 3. Lien: Assessments as provided herein shall be a charge on
each owner's lot and shall be a continuing lien against said lot and said
assessment, together with any interest, costs, and reasonable attorney fees
incurred in collection same shall also be a personal obligation of the owner of
the lot at the time when said assessment became due.
Section 4. Purpose: Assessments for the purpose of the maintenance
area shall be specifically allocated for that purpose. General assessments
assessed against owners of the lots shall be for the general purpose of
maintaining Association property. Assessments shall be used to administer the
covenants to maintain and improve quality of the maintenance area, including
but not limited to, the cost of maintaining all lawns and landscaping and
maintenance and snow removal of sideways, driveways and turnarounds.
Section 5. Regular Assessments: The Board of Directors shall levy
assessments authorized by a majority of the Association to cover the annual
Association operating budget. The Board of Directors shall further establish an
assessment as and for a fund for the maintenance of the maintenance area.
Said assessments shall be billed and collected over the same term and at the
same time. The first year for which annual assessments shall be established
and collected shall be the calendar year 1998.
Section 6. Uniform Rate: Maintenance area assessments as well as
regular and special assessments, shall be fixed at a uniform rate provided that
the assessments shall be divided among all the individual lots based on a pro
rata share for each lot as to the entire real estate subject to the assessment
under these covenants.
Section 7. Assessment period/Due Date: Assessments as provided
herein shall commence as against all lots on the 1 st day of January, 1998.
Thereafter, the Board of Directors shall fix the amount of the regular annual
assessment against each lot annually. Commencing with January 1, 1998, an
assessment period shall consist of a calendar year.
Written notice of the applicable annual assessment shall be sent to every
owner subject thereto.
rl
Upon an owner purchasing a lot, liability for regular and special
assessments shall be prorated on a daily basis to the extent of the number of
days remaining from date of purchase in any assessment period. Said proration
shall be based on a 365 day year.
Section 8. Special Assessments: Special Assessments to include
maintenance area maintenance fund as herein provided, may be set at the
regular annual meeting or upon any special meeting called for said purpose. In
the event of special meeting, written notice to each of the members of the
Association must be given no less than 30 or more than 50 days prior to said
meeting. Presence of 50% or more of the members of the Association at any
meeting called for the purpose of establishing any regular or special assessment
shall constitute a quorum, and at said meeting a majority of said quorum shall
control.
Section 9. Nonpayment/Remedies: Any assessment not paid within
30 days after the due date shall incur a late fee of $20.00 and bear interest
from the due date at the prime rate as established by Glacier Bank, Kalispell,
Montana, per annum. The Association may bring an action at law against the
owner of the residential lot in default as and on the basis of an account due.
Said assessment obligation shall be a personal obligation. In addition to the
amount of the assessment and any interest thereon, in the event of any such
suit the Association shall be entitled to all attorney's fees incurred and costs.
Any Judgment shall be entitled to all rights and legal consideration as any
Judgment received under the laws of Montana.
No owner subject to assessment may waive or otherwise escape liability
for the assessment herein provided.
In addition to the provisions for suit and collection as hereinabove set
forth, the Association may suspend a delinquent owner's voting rights at
Association meetings.
Section 10. Subordination or Assessment Lien: The lien of any
assessment provided herein shall be subordinate to any purchase money
security interest for a lot acquired herein or construction lien for the
construction of a resident herein when said lien secures the lender's obligation
for said acquisition or construction. In the event, however, of foreclosure of
said lien, the Association shall not be required nor be under any obligation to
5
{r.
provide access, or any of the other amenities of the maintenance area to any
subsequent purchaser, either through default or otherwise, until all past due
obligations owed are paid in full. The provisions of this paragraph may be
modified or waived in their entirety at the discretion of the Association.
Section 1. Members/Terms: The Architectural Review Committee shall
consist of three individuals appointed by the Board of Directors of the Buffalo
Commons "Multi -Family" Property Owners Association from owners within the
property described as all that land shown on and described as Parcel 2 of
Certificate of Survey No. 13186, Records of Flathead County, Montana, and
shall be known as the Buffalo Commons Multi -Family Architectural Review
Committee hereinafter referred to as Architectural Review Committee. The
members of the Architectural Review Committee may be appointed and
removed at the sole discretion of the Board of Directors of the Buffalo
Commons "Multi -Family" Property Owners Association.
Section 2. Function of the Architectural Review Committee: A I I
owners intending to construct any structure whatever upon any lot, shall first
submit their plans and specifications, in writing, to the Architectural Review
Committee. All plans for the construction of any building, private road or
driveway, fence, wall or other structure to be erected upon any lot and the
proposed location thereof upon any lot and any change, after approval thereof,
any remodeling, reconstruction, alteration or addition to any building, road,
driveway, or other structure upon any lot in said premises, shall require written
approval of said Architectural Review Committee. Before beginning the
construction of any building, road or driveway, fence, wall or other structure
whatsoever, or remodeling, reconstruction or altering such road, driveway or
structure upon any lot, the person or persons desiring to effect, construct or
modify the same shall submit to the Architectural Review Committee, a
complete set of plans and specifications thereof including front, side, and rear
elevations, floor plans for each floor and basement, exterior color schemes, a
block or plot plan indicating and fixing the exact location of such structure or
such altered structure on the grading plan if requested. A reasonable fee shall
be paid to the Architectural Review Committee with such plans, said fee to be
set by said Committee. (Preliminary sketch of plan may be submitted prior to
the execution of detailed drawings.)
0
t
In the event the proposed improvement shall be one for repainting or
redecorating the exterior of such structure without remodeling or changing it,
or making additions thereto, it shall only be necessary to file one color scheme
of such proposed work and have the same approved prior to the
commencement of such work.
Section 3. Approval by Architectural Review Committee: Approval by
the Architectural Review Committee of all exterior plans and specifications must
be submitted for approval in writing, and shall not be deemed to be a waiver by
the Architectural Review Committee of the right to object to any of the features
or elements embodied in such plans or specifications if and when the same
features or elements are embodied in any subsequent plans or specifications
submitted for approval for use on other building sites. In the event the
Architectural Review Committee fails to act within thirty (30) days after the
proposed plans and specifications of any structure have been submitted, in
writing, or in any event, if no suit to enjoin the construction has been
commenced prior to the completion of an entire dwelling, no specific approval
shall be required for such structure and the pertinent provisions to the
Declaration shall be deemed to have been fully complied with. The
Architectural Review Committee may, at any time, inspect any building or
property located in said subdivision for the purpose of determining whether the
exterior of said building conforms to these covenants. Approval of such plans
and specifications shall be evidenced by written endorsement on such plans or
specifications, a copy of which shall be delivered to the owner or owners of the
lot upon which the prospective building, road, driveway or other structure is
contemplated, prior to the beginning of such construction. No changes or
deviations in or from such plans and specifications as approved, shall be made
without the prior written consent of the Architectural Review Committee, and
construction shall be completed within one (1) year from date of approval of
said plans and specifications.
Structural engineering shall be the responsibility of the owner. The
Architectural Review Committee may waive such provisions contained in these
covenants as they deem appropriate. In passing upon any plans and
specifications submitted to it, the Architectural Review Committee shall
consider:
a) Suitability of the improvement and materials of which it is to
be constructed to the site upon which it is to be located;
7
b) The nature of the adjacent neighboring improvements;
c) The quality of the materials to be utilized in any proposed
improvements; and
d) The effect of any proposed improvement on the adjacent or
neighboring property.
In passing on any plans and specifications, it shall be an objective of the
Architectural Review Committee to make certain that no improvement will be
so similar or so dissimilar to others in the vicinity that values, monetary or
aesthetic, will be impaired, and to maintain for the benefit of the Architectural
Review Committee and all subsequent individual lot owners, the nature
character of the land and to require that all man-made structures blend into the
natural background rather than stand out against it.
Section 1 . Multi -Family: The following are permitted uses for all that
land shown on and described as Parcel 2 of Certificate of Survey No. 13186,
Records of Flathead county, Montana.
Duplex
Single family dwelling
Multi -family (tri-plex, four plex)
Section 1. Landscapiijg: Landscape treatment required for all lots
shall consist of a combination of turf, shrubs, and trees.
ARTICLE VII. MISCELLANEOUS RESTRICTIONS
Section 1 . Lot Size: Minimum lot sizes shall be 6,000 square feet but
clustering within individual lots (parent lots) may be permitted to create sublot
sizes of 2,500 square feet or larger, permitting the so-called "villa" or zero lot
line townhome concept. Minimum lot sizes for duplex, tri-plex and fourplex
dwellings are 6,000, 9,000, and 12,000 square feet, respectfully. The number
of sublots created within a larger "parent" lot is determined based solely upon
A
the minimum 2,500 square foot requirement per unit and the setbacks
applicable to the "parent" lot. Minimum parent lot widths are 60 feet.
Section 2. Building Size: Each building or other structure shall be
constructed, erected and maintained in strict accordance with the approved
plans and specifications. Each townhouse unit shall have a base floor area of
not less than 1,000 square feet of living area for a single story building. A
garage having a minimum of 2 parking stalls shall be required for each dwelling
unit. Single family dwellings (detached) shall have a base floor area of not less
than 1,400 square feet of living area for a single story building and not less
than 1,650 square feet of living area for a multi -story dwelling. Maximum
structural height shall be 35 feet.
Section 3. Setbacks: Setbacks for each lot shall be 20 feet for the front
and rear yards and 10 feet for the side yards, except the setback shall be 20
feet for any corner side yard.
Section 4. Utilities: All utilities including but not limited to power,
electric, and telephone shall be underground.
Section 5. Continuity of Construction: All structures shall have the
exterior completed within twelve (12) months of commencement of
construction unless an exception is granted in writing by the Architectural
Review Committee.
Section 6. Temporary Structures: No trailer, basement, tent, shack,
garage, barn or other outbuilding erected or placed on any lot shall at any time
be used as a permanent residence. Any of the aforementioned structures shall
be erected at any time without the written approval of the Architectural Review
Committee.
Section 7. _ Animals: No animals of any kind, shall be raised, bred or
kept on any lot, excepting that dogs, cats and other small domestic animals
may be kept, but not for commercial purposes. Permitted animals, not
exceeding two adult animals, must be confined to the lot of their owner and not
permitted to run at large. The owners shall be responsible for immediately
picking up after the pet and keeping it on owner's property at all times unless
under leash.
M
Section 8. Garbage: No lot shall be used or maintained as a dumping
ground for rubbish. Trash, garbage or other waste, shall be kept in covered,
reasonable airtight containers. Such containers must be kept in a garage or
other enclosed area, except the night before and day of pickup and/or as
otherwise affected by City ordinance,
Section 9. Landscaping and Fences: No hedges, shrubs or other
plantings, or any structure shall be permitted which unreasonably obstructs the
view of any owner or motor vehicle drivers, and shall not in any event, exceed
four (4) feet in height nor more than three (3) feet in height anywhere in the
front twenty-five (25) feet of the property. Trees are permitted when the
location and size of tree(s) do not interfere with travel safety relative to site
distances when approaching the public road from individual or shared
driveways. All or any landscaping shall be subject to the approval of the
Architectural Review Committee. There shall be no fences in front yards or rear
yards, except the north boundary of Phase II of Buffalo Commons shall have a
maximum fence height of six (6) feet. Fencing of a vinyl or non-paintable
surface shall be allowed around patio decks with written approval from the
Architectural Review Committee.
Section 10. Signs: Except for the Declarant or its agent, no
signs shall be placed on any lot except name plates and one unlighted sign not
exceeding three (3) square feet in surface area advertising the sale or lease of
the lot or improvements thereon.
Section 11. Parking: All lot owners shall be responsible for
providing on -site parking in accordance with the Kalispell Zoning Ordinance for
the intended uses. The private drives that provide common access to the units
on parent lots 2 - 9, and 11 - 12 are closed to parking and no vehicle shall be
parked thereupon. No trailer, camper, or recreational vehicle shall be parked in
view of the public on the premises, and if parked shall be completely contained
within a garage.
Section 12. Nuisance: No noxious or offensive activity shall be
carried on nor shall anything be done or permitted which shall constitute a
public nuisance therein. This includes noise.
Section 13.Burning: Open fires are not permitted on the
property. Outdoor barbecues are not an open fire within the meaning hereof.
10
Section 14. Alteration by Unit Owners: The interior plan of a unit
may be changed by its owner with the exception of the bearing wall which may
not be moved and all two hour fire walls which may not be penetrated or
modified in any manner. No unit may be subdivided.
Section 15. Maintenance by Unit Owner. An owner shall maintain
and keep in repair the interior of each unit and its fixtures. All fixtures, utility
lines and equipment installed in the unit commencing at a point where the
utilities enter the unit shall be maintained and kept in repair by the owner
thereof. An owner shall do no act nor any work which will impair the structural
soundness or integrity of the building or impair any easement. An owner shall
keep all areas appurtenant to his unit in a clean and sanitary condition. The
right of each owner to repair, alter and remodel is coupled with the obligation
to replace any finishing or other materials removed with similar types or kinds
of materials. No acts of alteration, repairing or remodeling by any unit owner
shall impair in any way the structural integrity of the units of adjoining owners.
Nothing contained in this Declaration or the By-laws will be construed as to
make the Homeowner's Association liable or responsible for any interior repairs.
These repairs are the responsibility of the owner subject to any warranty from
his/her builder.
Section 16. Exterior Alterations: No owner may change, alter or
remodel the exterior of his unit without the prior written approval of the
Association. Exterior siding is 49 year non -maintenance siding and vinyl
windows.
Section 17. Maintenance by Town House Association: T h e
Association shall take all necessary steps, including but not limited to, exterior
painting, roof and gutter repairs, concrete, exterior brick and stone repairs,
repairs to common and fire walls, snow removal from roofs and replacement or
repair of all broken or worn exterior parts, to insure that the building does not
unnecessarily deteriorate at owners expense. The Association reserves the
right to repair and charge back to the unit owner such interior repairs as are
necessary to avoid adverse affects on the other units or the building as a
whole. The Association is responsible for maintenance of landscaping and
sprinkler and water delivery systems, and snow removal from shared driveways
and sidewalks as part of regular Association dues.
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Section 18. Liens for Alterations: Labor performed and materials
furnished and incorporated into a unit with the consent of or at the request of
the unit owners, his agent, his contractor or subcontractor shall be the basis for
the filing of a lien against the unit or the unit owner consenting to or requesting
the same. Each unit owner shall indemnify and hold harmless each of the other
owners from and against all liability arising from the claim of any lien against
the unit or building for construction performed or for labor, materials, services
or other products incorporated in the owner's unit at such owner's request.
a. Driveways: The parties recognize that there are various driveways
as shown on the present plat or amended plats now filed or later to be filed,
which cause an encroachment on two adjoining parent lots. The affected
parent lots are: 3, 4, 5, 6, 7, 8, 9, 11 and 12. Each of these lots, by virtue of
these covenants, is subject to a cross easement running with and appurtenant
to each adjoining lot for mutual use of the driveway and turnarounds for egress
and ingress. Further, by virtue of these covenants, the Association has the right
to maintain and repair said driveways and turnarounds and a perpetual
easement to enter upon the various lots for the purpose of maintenance and
repair.
b. Utility Easements: Common utility services are provided to building
lines and in some instances to separate Unit lines. By virtue of these
covenants, each lot is subject to a common utility easement for such utility
lines and the maintenance thereof. All property covered hereby is subject to
an easement for such utility lines and the maintenance thereof. The right and
easement to maintain said easements rests primarily with the Homeowner's
Association and inures to the benefit of the Association, which may assess
maintenance costs pursuant to this Declaration and the By -Laws. Should any
Unit's utility service lines, pipes, or wires pass over, under or through another
Unit, both the Homeowner's Association and the Unit whose service passes
through another Unit are by these covenants granted a permanent right of
access for maintenance and repair of said wires, lines and pipes. Should repair
only beneficially affect one Unit, that Unit will bear the cost of repair or
maintenance whether conducted by the Association or the Unit owner. Should
repair or maintenance be of mutual benefit to more than one Unit, the cost of
the repair shall be assessed to those Units beneficially affected.
12
Section 20. Insurance: Each Unit owner shall insure his premises
at value and further shall have liability coverage in the amount of not less than
$100,000.00 per occurrence. In addition, each owner will carry medical
payment insurance as part of their Homeowner's insurance in an amount of not
less than $5,000.00 per occurrence. Proof of insurance shall be delivered to
the Secretary for the Association each year. All insurance policies upon the
property shall prohibit subrogation against the Association and/or other Unit
owners.
a. Reconstruction or Repair: All Units are to be repaired or replaced if
there is insured destruction or damage unless the Association through its Board
of Directors waives such replacement. This clause protects the values of all
Units in the building and is to inure to the common benefit. Should a Unit
owner fail to abide by this provision, the Association may cause repair or
rebuilding and charge the same to the Unit owner.
b. Plans and Specifications: Any reconstruction or repair must be
substantially in accordance with the plans and specifications for the original
improvements, or if not, then according to the plans and specifications
approved by not less than 75% of the Unit owners, including the owners of all
Units the plans for which are to be altered. Any such reconstruction not in
accordance with the original plans and specifications must be set forth in an
amendment to the Declaration.
ARTICLE VIII. ESTABLISHMENT OF ASSOCIATION
Section 1. Purpose: For the purpose of maintaining the maintenance
area which is under the control of the Association, and shared by the owners,
and for the purpose of providing for the collection and payment of necessary
common expenses, a non-profit corporation is hereby formed under the name
of Buffalo Commons Multi -Family Property Owners Association.
Section 2. Membership: An owner of a townhouse lot in Buffalo
Commons Multi -Family Property Owners Association shall automatically upon
becoming the owner of such townhouse lot be a member of the Buffalo
Commons Multi -Family Property Owners Association, hereinafter referred to as
the Association, and shall remain a member of such Association until such time
as his ownership ceases for any reason, at which time his membership in the
Association shall automatically cease. The membership shall be limited to
13
{
townhouse lot owners as defined in this Declaration.
Section 1 . Interested Parties: Any owner shall have the option and
right to enforce, by any proceeding at law or in equity, all restrictions,
conditions, covenants, reservations and charges now or hereafter imposed by
the provisions of this Declaration. The method of enforcement may include
proceedings to enjoin the violation, to recover damages, or both. Failure by any
owner to enforce any such provision shall in no event be deemed a waiver of
the right to do so thereafter. The City of Kalispell is an interested party and
shall like an owner, at its sole election, also has the authority to enforce these
covenants.
Section 2. Severabilitk: Invalidation of any one of these covenants
or restrictions by judgment or court order, shall in no wise affect any other
provision which shall remain in full force and effect.
ARTICLE X. TERM
The provisions of these protective covenants are to run with the land and
shall be binding upon all parties and all persons claiming under them, for a
period of twenty (20) years from the date they are recorded, after which time
said protective covenants shall be automatically extended for successive
periods of ten (10) years unless an instrument executed by the owners of
seventy-five percent (75%) of the 35 townhouse lots located on the land
described as all that land as shown on and described as Parcel 2 of Certificate
of Survey No. 13186, Records of Flathead County Montana, has been recorded
agreeing to terminate said protective covenants or change them in whole or in
part. Each townhouse lot shall be entitled to one vote under this Article.
ARTICLE XI. AMENDMENT
This Declaration may be amended by an instrument signed by the owners
of Seventy-five Percent (75%) of the 35 townhouse lots described as all that
land shown on and described as Parcel 2 of Certificate of Survey No. 13186,
Records of Flathead County, Montana, which instrument has been recorded,
agreeing to such amendment. Each townhouse lot shall be entitled to one vote
under this Article provided that in any event an amendment shall not be valid
14
unless approved in writing by the City of Kalispell.
IN WITNESS WHEREOF, the Declarant has executed this instrument the
day and year first above written.
NORTHWEST HEALTHCARE CORPORATION
President
STATE OF MONTANA )
ss.
County of Flathead )
On this day of , 199 , before me, the
undersigned, a Notary Public for the State of Montana, personally appeared
, known to me to be the President of Northwest
Healthcare Corporation, the Corporation whose name is subscribed to the within
instrument, and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year in this certificate first above written.
Notary Public for the State of Montana
(Seal) Residing at , Montana
My commission expires
SEEN AND AGREED TO:
J & F CONSTRUCTION, a Montana General Partnership
General Partner
15
STATE OF MONTANA )
ss.
County of Flathead
On this day of , 1998, before me, the undersigned,
a Notary Public for the State of Montana, personally appeared
, known to me to be a General Partner of J &
F Contruction, a Montana General Partnership, the Partnership whose name is
subscribed to the within instrument, and acknowledged to me that such
Partnership executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year in this certificate first above written.
Notary Public for the State of Montana
(Seal) Residing at , Montana
My commission expires
EXHIBIT "D"
i f1
BUFFALO COMMONS
(Single
DECLARATION, made this day of , 199, by
Northwest Healthcare Corporation, hereinafter referred to as "DECLARANT',
WITNESSETH;
That WHEREAS, Northwest Healthcare Corporation is the owner of real
property situated in Flathead County,, Montana, described as follows:
All that land shown on and described as Parcel 1
of Certificate of Survey No. 13186, Records of
Flathead County, Montana.
That WHEREAS, Declarant is desirous of subjecting all of said property
hereinabove described as all that land as shown on and described as Parcel 1
of Certificate of Survey No.13186, Records of Flathead County, Montana, to
the Conditions, Covenants and Restrictions hereinafter set forth, each and all
of which is and are for the benefit of said property and for each owner thereof
and shall inure to the benefit and pass with said property, and each and every
parcel thereof, and shall apply to and bind the successors in interest, and any
owner thereof;
NOW, THEREFORE, the Declarant, being the owner of all of the real
property above -described, hereby declares that the said real property is, and
shall be, held, transferred, sold and conveyed, subject to the conditions,
restrictions, covenants and reservations hereinafter set forth; and
All persons or corporations who now or shall hereafter acquire any
interest in and to the above -described property shall be held to agree and
covenant with the owner of any of the property hereinabove described, or any
parcel thereof, and with their heirs and successors and assigns, to conform to
and observe the following covenants, restrictions, and conditions as to the use
E
thereof, and as to the construction of dwellings and improvements thereon.
Section 1: "Declarant" herein mentioned is Northwest Healthcare
Corporation.
Section 2: "Association" shall mean The Buffalo Commons "Single
Family" Property Owners Association.
Section 3: "Owner" shall mean and refer to the person or persons
owning a parcel of land in fee simple, absolute, individually or as an owner in
any real estate tenancy relationship recognized under the laws of the State of
Montana, including a unit ownership pursuant to a recorded unit ownership
declaration.
Section 4: "Lot" shall mean any plot of land shown upon any recorded
subdivision plat or map of the property.
Section 5: "Vote" or "voter", shall mean one vote per lot, provided that
the Declarant herein shall be entitled to a vote for each lot it owns inclusive of
a lot shown on a preliminary subdivision plat which has not received final
subdivision plat approval.
ARTICLE II. ARCHITECTURAL REVIEW COMMITTEE
Section 1. Members/Terms: The Architectural Review Committee shall
consist of three individuals appointed by the Board of Directors of the Buffalo
Commons Property Owners Association from owners within the property
described as all that land as shown on and described as Parcel 1 of Certificate
of Survey No. 13186, Records of Flathead County, Montana, and shall be
known as the Buffalo Commons Single Family Architectural Review Committee
hereinafter referred to as Architectural Review Committee. The members of the
Architectural Review Committee may be appointed and removed at the sole
discretion of the Board of Directors of the Buffalo Commons Property Owners
Association.
Section 2. Function of the Architectural Committee: All owners
intending to construct any structure whatever upon any lot, shall first submit
2
r'
their plans and specifications, in writing, to the Architectural Review
Committee. All plans for the construction of any building, private road or
driveway, fence, wall or other structure to be erected upon any lot and the
proposed location thereof upon any lot and any change, after approval thereof,
any remodeling, reconstruction, alteration or addition to any building, road,
driveway, or other structure upon any lot in said premises, shall require written
approval of said Architectural Review Committee. Before beginning the
construction of any building, road or driveway, fence, wall or other structure
whatsoever, or remodeling, reconstruction or altering such road, driveway or
structure upon any lot, the person or persons desiring to effect, construct or
modify the same shall submit to the Architectural Review Committee, a
complete set of plans and specifications thereof including front, side, and rear
elevations, floor plans for each floor and basement, exterior color schemes, a
block or plot plan indicating and fixing the exact location of such structure or
such altered structure on the grading plan if requested. A reasonable fee shall
be paid to the Architectural Review Committee with such plans, said fee to be
set by said Committee. (Preliminary sketch of plan may be submitted prior to
the execution of detailed drawings.)
In the event the proposed improvement shall be one for repainting or
redecorating the exterior of such structure without remodeling or changing it,
or making additions thereto, it shall only be necessary to file one color scheme
of such proposed work and have the same approved prior to the
commencement of such work.
Section 3. Approval by Architectural Review Committee: Approval by
the Architectural Review Committee of all exterior plans and specifications must
be submitted for approval in writing, and shall not be deemed to be a waiver by
the Architectural Review Committee of the right to object to any of the features
or elements embodied in such plans or specifications if and when the same
features or elements are embodied in any subsequent plans or specifications
submitted for approval for use on other building sites. In the event the
Architectural Review Committee fails to act within thirty (30) days after the
proposed plans and specifications of any structure have been submitted, in
writing, or in any event, if no suit to enjoin the construction has been
commenced prior to the completion of an entire dwelling, no specific approval
shall be required for such structure and the pertinent provisions to the
Declaration shall be deemed to have been fully complied with. The
Architectural Review Committee may, at any time, inspect any building or
3
located in said subdivision for the purpose of determining whether the
property P P g
exterior of said building conforms to these covenants. Approval of such plans
and specifications shall be evidenced by written endorsement on such plans or
specifications, a copy of which shall be delivered to the owner or owners of the
lot upon which the prospective building, road, driveway or other structure is
contemplated, prior to the beginning of such construction. No changes or
deviations in or from such plans and specifications as approved, shall be made
without the prior written consent of the Architectural Review Committee, and
construction shall be completed within one (1) year from date of approval of
said plans and specifications.
Structural engineering shall be the responsibility of the owner. The
Architectural Review Committee may waive such provisions contained in these
covenants as they deem appropriate. In passing upon any plans and
specifications submitted to it, the Architectural Review Committee shall
consider:
a) Suitability of the improvement and materials of which it is to
be constructed to the site upon which it is to be located;
b) The nature of the adjacent neighboring improvements;
c) The quality of the materials to be utilized in any proposed
improvements; and
d) The effect of any proposed improvement on the adjacent or
neighboring property.
In passing on any plans and specifications, it shall be an objective of the
Architectural Review Committee to make certain that no improvement will be
so similar or so dissimilar to others in the vicinity that values, monetary or
aesthetic, will be impaired, and to maintain for the benefit of the Architectural
Review Committee and all subsequent individual lot owners, the nature
character of the land and to require that all man-made structures blend into the
natural background rather than stand out against it.
ARTICLE III. _ RESTRICTIONS AS TO LAND USE
Section 1. Single Family: The following are permitted uses for all that
0
land shown on and described as Parcel 1 of Certificate of Survey No. 13186,
Records of Flathead County, Montana:
Single Family dwellings
Parks
Section 1. Landscaping: Landscape treatment required for all lots
shall consist of a combination of turf, shrubs, and trees.
Section 1 . Lot Size: Minimum lot sizes are 7,000 square feet with a
minimum lot width of 60 feet.
Section 2. Building Size: Each building or other structure shall be
constructed, erected and maintained in strict accordance with the approved
plans and specifications. Residential dwellings shall have a base floor area of
not less than 1400 square feet of living area for a single story buiding. Multi-
story dwellings shall not have less than 1650 square feet of total living area.
For purposes of this paragraph, the basement, porch, steps, and garage shall
not be considered a part of the living area. A garage having a minimum of 2
parking stalls shall be required for each lot having a residential dwelling.
Maximum building height will be 30 feet.
Section 3. Setbacks: Setbacks are 20 feet in the front and rear and 5
feet on either side, except a 20 foot setback is required on the corner side of
any lot.
Section 4. Utilities: All utilities including but not limited to power,
electric, and telephone shall be underground.
Section 5. Continuity of Construction: All structures shall have the
exterior completed within twelve (12) months of commencement of
construction unless an exception is granted in writing by the Architectural
Review Committee.
Section 6. Temporary, Structures: No trailer, basement, tent, shack,
garage, barn or other outbuilding erected or placed on any lot shall at any time
5
r
be used as a permanent residence. Any of the aforementioned structures shall
be erected at any time without the written approval of the Architectural Review
Committee.
Section 7. Animals: No animals of any kind, shall be raised, bred or
kept on any lot, excepting that dogs, cats and other small domestic animals
may be kept and raised, but not for commercial purposes. Permitted animals,
not exceeding two adult animals, must be confined to the lot of their owner and
not permitted to run at large.
Section 8. garbage: No lot shall be used or maintained as a dumping
ground for rubbish. Trash, garbage or other waste, shall be kept in covered,
reasonable airtight containers. Such containers must be kept in a garage or
other enclosed area.
Section 9. Landscaping and Fences: No hedges, shrubs or other
plantings, or any structure shall be permitted which unreasonably objects the
view of any owner or motor vehicle drivers, and shall not in any even, exceed
four (4) feet in height nor more than three (3) feet in height anywhere in the
front twenty-five (25) feet of the property. All or any landscaping shall be
subject to the approval of the Architectural Review Committee. There shall be
no fences in front yards. Fences in the rear yard shall have a maximum height
of six (6) feet.
Section 10. Signs: Except for the Declarant or its agent, no
signs shall be placed on any lot except name plates and one unlighted sign not
exceeding three (3) square feet in surface area advertising the sale or lease of
the lot or improvements thereon.
Section 11. Parking: All lot owners shall be responsible for
providing on -site parking in accordance with the Kalispell Zoning Ordinance for
the intended uses.
Section 12. Nuisance: No noxious or offensive activity shall be
carried on nor shall anything be done or permitted which shall constitute a
public nuisance therein.
Section 13. Burning: Open fires are not permitted on the
property. Outdoor barbecues are not an open fire within the meaning hereof.
IX
ARTICLE VI. ENFORCEMENT
Section 1. Interested Parties: Any owner shall have the option and
right to enforce, by any proceeding at law or in equity, all restrictions,
conditions, covenants, reservations and charges now or hereafter imposed by
the provisions of this Declaration. The method of enforcement may include
proceedings to enjoin the violation, to recover damages, or both. Failure by any
owner to enforce any such provision shall in no event be deemed a waiver of
the right to do so thereafter. The City of Kalispell is an interested party and
shall like an owner, at its sole election, also has the authority to enforce these
Covenants.
Section 2. Severabilitk: Invalidation of any one of these covenants
or restrictions by judgment or court order, shall in no wise affect any other
provision which shall remain in full force and effect.
ARTICLE VII. TERM
The provisions of these protective covenants are to run with the land and
shall be binding upon all parties and all persons claiming under them, for a
period of twenty (20) years from the date they are recorded, after which time
said protective covenants shall be automatically extended for successive
periods of ten (10) years unless an instrument executed by the owners of
seventy-five percent (75%) of the 31 single family lots located on the land
described as all that land as shown on and described as Parcel 1 of Certificate
of Survey No. 13186, Records of Flathead County, Montana, has been recorded
agreeing to terminate said protective covenants or change them in whole or in
part. Each lot shall be entitled to one vote under this Article.
ARTICLE VIII. AMENDMENT
This Declaration may be amended by an instrument signed by the owners
of Seventy-five Percent (75%) of the 31 single family lots located on the land
described as all that land as shown on and described as Parcel 1 of Certificate
of Survey No. 13186, Records of Flathead County, Montana, which instrument
has been recorded, agreeing to such amendment. Each lot shall be entitled to
one vote under this Article provided that in any event an amendment shall not
be valid unless approved in writing by the City of Kalispell.
7
t,
IN WITNESS WHEREOF, the Declarant has executed this instrument the
day and year first above written.
STATE OF MONTANA )
ss.
County of Flathead
NORTHWEST HEALTHCARE CORPORATION
President
On this day of , 199_, before me, the
undersigned, a Notary Public for the State of Montana, personally appeared
, known to me to be the President of Northwest
Healthcare Corporation, the Corporation whose name is subscribed to the within
instrument, and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year in this certificate first above written.
(Seal)
Notary Public for the State of Montana
Residing at Montana
My commission expires
EXHIBIT "E"
DECLARATION
COVENANTS, CONDITIONS AND RESTRICTIONS
BUEFALQ COMMONS
(Medical/Professional
THIS DECLARATION, made this day of , 1998, by
Northwest Healthcare Corporation, hereinafter referred to as "DECLARANT',
WITNESSETH;
That WHEREAS, Northwest Healthcare Corporation is the owner of real
property situated in Flathead County, Montana, described as follows:
All that land shown on and described as Parcel 4
of Certificate of Survey No. 12409, and Parcel 4 of
Certificate of Survey No. 13186, records of Flathead
County, Montana.
That WHEREAS, Declarant is desirous of subjecting all of said property
hereinabove described as all that land shown on and described as Parcel 4 of
Certificate of Survey No. 12409, and Parcel 4 of Certificate of Survey No.
13186, Records of Flathead County, Montana, to the Conditions, Covenants
and Restrictions hereinafter set forth, each and all of which is and are for the
benefit of said property and for each owner thereof and shall inure to the
benefit and pass with said property, and each and every parcel thereof, and
shall apply to and bind the successors in interest, and any owner thereof;
NOW, THEREFORE, the Declarant, being the owner of all of the real
property above -described, hereby declares that the said real property is, and
shall be, held, transferred, sold and conveyed, subject to the conditions,
restrictions, covenants and reservations hereinafter set forth; and
All persons or corporations who now or shall hereafter acquire any
interest in and to the above -described property shall be held to agree and
covenant with the owner of any of the property hereinabove described, or any
parcel thereof, and with their heirs and successors and assigns, to conform to
and observe the following covenants, restrictions, and conditions as to the use
thereof, and as to the construction of dwellings and improvements thereon.
i
Section 1: "Declarant" herein mentioned is Northwest Healthcare
Corporation.
Section 2: "Association" shall mean The Buffalo Commons
"Medical/Professional Facilities" Property Owners Association.
Section 3: "Owner" shall mean and refer to the person or persons
owning a parcel of land in fee simple, absolute, individually or as an owner in
any real estate tenancy relationship recognized under the laws of the State of
Montana, including a unit ownership pursuant to a recorded unit ownership
declaration.
Section 4: "Lot" shall mean any plot of land shown upon any recorded
subdivision plat or map of the property.
Section 5: "Vote" or "voter", shall mean one vote per lot, provided that
the Declarant herein shall be entitled to a vote for each lot it owns inclusive of
€` a lot shown on a preliminary subdivision plat which has not received final
subdivision plat approval.
ARTICLE II. ARCHITECTURAL REVIEW COMMITTEE
Section 1. Members/Terms: The Architectural Review Committee shall
consist of three individuals appointed by the Board of Directors of the Buffalo
Commons Property Owners Association from owners within the property
described as all that land shown on and described as Parcel 1 of Certificate of
Survey No. 12409 and Parcel 4 of Certificate of Survey No. 13186, Records
of Flathead County, Montana, and shall be known as the Buffalo Commons
Medical/Professional Facilities Architectural Review Committee hereinafter
referred to as Architectural Review Committee. The members of the
Architectural Review Committee may be appointed and removed at the sole
discretion of the Board of Directors of the Buffalo Commons Property Owners
Association.
Section 2. Function of the Architectural_ Review Committee: A I I
owners intending to construct any structure whatever upon any lot, shall first
submit their plans and specifications, in writing, to the Architectural Review
4
Committee. All plans for the construction of any building, private road or
driveway, fence, wall or other structure to be erected upon any lot and the
proposed location thereof upon any lot and any change, after approval thereof,
any remodeling, reconstruction, alteration or addition to any building, road,
driveway, or other structure upon any lot in said premises, shall require written
approval of said Architectural Review Committee. Before beginning the
construction of any building, road or driveway, parking lot, fence, wall or other
structure whatsoever, or remodeling, reconstruction or altering such road,
driveway or structure upon any lot, the person or persons desiring to effect,
construct or modify the same shall submit to the Architectural Review
Committee, a complete set of plans and specifications thereof including front,
side, and rear elevations, floor plans for each floor and basement, exterior color
schemes, a block or plot plan indicating and fixing the exact location of such
structure or such altered structure on the grading plan if requested. A
reasonable fee shall be paid to the Architectural Review Committee with such
plans, said fee to be set by said Committee. (Preliminary sketch of plan may
be submitted prior to the execution of detailed drawings.)
In the event the proposed improvement shall be one for repainting or
redecorating the exterior of such structure without remodeling or changing it,
or making additions thereto, it shall only be necessary to file one color scheme
of such proposed work and have the same approved prior to the
commencement of such work.
Section 3. Approval by Architectural Review Committee: Approval by
the Architectural Review Committee of all exterior plans and specifications must
be submitted for approval in writing, and shall not be deemed to be a waiver by
the Architectural Review Committee of the right to object to any of the features
or elements embodied in such plans or specifications if and when the same
features or elements are embodied in any subsequent plans or specifications
submitted for approval for use on other building sites. In the event the
Architectural Review Committee fails to act within thirty (30) days after the
proposed plans and specifications of any structure have been submitted, in
writing, or in any event, if no suit to enjoin the construction has been
commenced prior to the completion of an entire dwelling, no specific approval
shall be required for such structure and the pertinent provisions to the
Declaration shall be deemed to have been fully complied with. The
Architectural Review Committee may, at any time, inspect any building or
property located in said subdivision for the purpose of determining whether the
3
exterior of said building conforms to these covenants. Approval of such plans
and specifications shall be evidenced by written endorsement on such plans or
specifications, a copy of which shall be delivered to the owner or owners of the
lot upon which the prospective building, road, driveway or other structure is
contemplated, prior to the beginning of such construction. No changes or
deviations in or from such plans and specifications as approved, shall be made
without the prior written consent of the Architectural Review Committee, and
construction shall be completed within one (1) year from date of approval of
said plans and specifications.
Structural engineering shall be the responsibility of the owner. The
Architectural Review Committee may waive such provisions contained in these
covenants as they deem appropriate. In passing upon any plans and
specifications submitted to it, the Architectural Review Committee shall
consider:
a) Suitability of the improvement and materials of which it is to
be constructed to the site upon which it is to be located;
b) The nature of the adjacent neighboring improvements;
c) The quality of the materials to be utilized in any proposed
improvements; and
d) The effect of any proposed improvement on the adjacent or
neighboring property.
In passing on any plans and specifications, it shall be an objective of the
Architectural Review Committee to make certain that no improvement will be
so similar or so dissimilar to others in the vicinity that values, monetary or
aesthetic, will be impaired, and to maintain for the benefit of the Architectural
Review Committee and all subsequent individual lot owners, the nature
character of the land and to require that all man-made structures blend into the
natural background rather than stand, out against it.
Section 1. Medical/Professional: The following are permitted uses for
all that land shown on and described as Parcel 4 of Certificate of Survey No.
11
12409 and Parcel 4 of Certificate of Survey No. 13186, Records of Flathead
County, Montana:
Hospital
Hospital and Clinic Support Facilities
Cafeteria
Laundry
Environmental
Dietary
Warehouse
Central Plant
Central Service & Delivery
Communication Networks
Parking -- Building & User Group Specific
Ambulance "barn"
Outpatient -Surgical Center
` Specialized Clinics
Walk In, 24 Hour Care
Rehabilitation
Speech
Children's
Sports Medicine
Family Practice
Psychiatric
Cardiac
Cancer Treatment
Dialysis
Mental Health
Employer Services
Offices:
Foundations
Administration Offices
Consolidated Doctor's Clinic
Allergy, Audiology, Cardiac, Dermatology, Ear, Nose&Throat, Family
5
Practice, Gastroenterology, Hematology, Infectious Diseases, Infertility,
Nephrology, Neurological, Obstetrics, Occupational Medicine, Oncology,
Ophthalmology, Optometry, Orthopedics, Pediatrics, Physical Medicine
and Rehabilitation, Pulmonary Medicine, Radiology, Rheumatology, Sports
Medicine, Urology, Vascular
Offices: Professional Medical Offices -Independent of Clinic
Dentists
Optometrists
Podiatrists
Physical Therapists
Offices: Alternative Medicine
Naturopath
Homeopath
Mid Wives
Chiropractors
Offices: Professional/Governmental
Attorneys
Accountants
Appraisers
Real Estate Brokers
Surveyors
Other professional offices
All State/Federal/County Municipal Offices
Education Facilities
Conference Center
Health Information Center
Library
Support Groups Meeting Facilities
School Outreach Programs
Outpatient Support Facilities
Waiting areas
Dining
Entertainment
Overnight accommodations
C
Telecommunications Center
Out reach Programs
Research Facilities
Laboratory
Prosthesis assembly/manufacture
Long Term Care Facilities
Nursing Home
Skilled care
Assisted Care
Independent Living
Congregate Housing
Residential Facilities
Multi -family dwellings includes rental and unit ownership
Elderly & Retirement Housing
Ronald McDonald House & Similar
Foster/group homes
Boarding house
Community residential facility
Single family dwelling
Wellness Facilities
Athletic Club/Wellness Center
Commercial Area -Medical Related
Ambulance Services
Medical Equipment Repair
Medical Equipment Rental
Home Health Services
Nursing Services
Medical Billing Services
Laundry
Medical Record Services
Medical Equipment Supplies
Medical Laboratories
7
Specialized Centers
Mental Health
Women's
Diet Centers
Youth Residential Care
Government Facilities: Related to Health
Indian Health Services
Veteran's
Social Services
Job Training & Vocational Rehabilitation
Food Bank
Community & Volunteer Program Offices
United Way
American Caner Association
American Lung Association
Pregnancy Counseling
Blood Banks
Life styling center
Daycare Facilities
Adult
Group
Child
Handicap Centers
Preschool
Other
Cemetery, Mortuary, Funeral Home
Church
Park
Community center
Section 1. Landscaping: Landscape treatment required for all lots
shall consist of a combination of turf, shrubs, and trees.
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Section 2. Parking Areas:
Landscaping: The following guidelines, adapted from the Kalispell
Zoning Ordinance (chapter 27.26), apply to all parking areas for over four (4)
vehicles and service drives.
A minimum of five percent (5%) of the total parking lot area shall
be landscaped. Landscaping is encouraged within the parking lot in the form
of islands and along the perimeter of the parking lot for the purpose of providing
a visual relief between a public street and the parking lot.
The island landscape buffer shall consist of planting materials or
planting materials and man-made features to create a visual relief buffer in the
form of a hedge, planter box, berm, shrubbery, or a combination of the above.
Species.
Kathryn Dykes Potentilla
Broadmoor Juniper
Emerald Mound Honeysuckle
Section 1. Exterior. All structures to be constructed on the land
described as all that land shown on and described as Parcel 4 of Certificate of
Survey No. 12409, and Parcel 4 of Certificate of Survey No. 13186, Records
of Flathead County, Montana, shall be limited to the following exterior
materials:
Masonry
Giant Brick
Stone
Architecturally finished concrete cast -in -place
Architecturally finished concrete prefabricated panels
Synthetic Stucco
Prefinished panels with anodized aluminum finish
Concrete Block (in visually obscure areas only)
Textured or 'Architectural' Concrete Block (in visually obscure
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areas only)
Anodized aluminum panels
Prefinished Architectural Metal Panels
Synthetic Stucco
Prefinished Cedar
Anodized aluminum panels
Prefinished Architectural Metal Panels
Synthetic Stucco
Prefinished Cedar
Prefinished pressboard
Prefinished Architectural Metal Roofing
Deep Profile Prefinished Metal Roofing
(Light gauge, "common" economy grade is prohibited)
Cedar Shakes and Shingles, Blue label and Fire resistant treated
Exposed Hypalon, Single ply EPDM, and/or Built-up Roofing is
expressly prohibited)
Frames and Materials
Commercial grade thermally -broken anodized aluminum frames
Enamel finished pressed metal frames (on nonpublic entrances)
Glazing
Double or triple glass panels
Low-E type panels
Energy saving features (reflective coatings, argon gas, "Heat
Mirror", special internal coatings et. al.)
Energy saving features (reflective coatings or finishes impacting
appearance)
Bus
F. Colors:
Applied Finishes - predominantly earth tones
Natural coloration of masonry, stone
Accent Colors
Clear Sealers
Semi -transparent stains
Section 1. Lot Size: Minimum lot sizes shall be 7,000 square feet with
a minimum lot frontage of 70 feet. Residential multiplexes in this land use pod
shall be afforded the same opportunities as set forth in the multi -family pod
including the creation of sublots.
Section 2. Building Size: Each building or other structure shall be
constructed, erected and maintained in strict accordance with the approved
plans and specifications. Maximum building height shall be 35 feet.
` Section 3. Setbacks: The rear setback shall be 20 feet except a
setback. Side yard setbacks shall be 10 feet, except the setback shall be 20
feet on any side corner. Front yard setbacks shall be 20 feet.
Section 4. Utilities: All utilities including but not limited to power,
electric, and telephone shall be underground.
Section 5. Continuity of Construction: All structures shall have the
exterior completed within twelve (12) months of commencement of
construction unless an exception is granted in writing by the Architectural
Committee.
Section 6. Temporary Structures: No trailer, basement, tent, shack,
garage, barn or other outbuilding erected or placed on any lot shall at any time
be used as a permanent residence. Any of the aforementioned structures shall
be erected at any time without the written approval of the Architectural Control
Committee.
Section 7. Garbage: No lot shall be used or maintained as a dumping
ground for rubbish. Trash, garbage or other waste, shall be kept in covered,
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reasonable airtight containers. Such containers must be kept in a garage or
other enclosed area.
Section 8. Signs: No signs, billboards or other advertising structure
of any kind shall be erected, constructed or maintained on any parcel for any
purpose whatsoever, except such signs as have been approved by the
Architectural Review Committee. Signage is limited to a small wall
identification/logo sign for each business. A kiosk -type structure shall provide
a common entrance and identification sign for all of the business tenants
located in the area described as all that land shown on and described as Parcel
4 of Certificate of Survey No. 12409 and Parcel 4 of Certificate of Survey No.
13186, Records of Flathead County, Montana.
Section 9. Parking: All lot owners shall be responsible for providing
on -site parking in accordance with the Kalispell Zoning Ordinance for the
intended uses.
Section 10. Nuisance: No noxious or offensive activity shall be
carried on nor shall anything be done or permitted which shall constitute a
public nuisance therein.
ARTICLE VII. ENFORCEMENT
Section 1 . Interested Parties: Any owner shall have the option and
right to enforce, by any proceeding at law or in equity, all restrictions,
conditions, covenants, reservations and charges now or hereafter imposed by
the provisions of this Declaration. The method of enforcement may include
proceedings to enjoin the violation, to recover damages, or both. Failure by any
owner to enforce any such provision shall in no event be deemed a waiver of
the right to do so thereafter. The City of Kalispell is an interested party and
shall like an owner, at its sole election, also has the authority to enforce these
Covenants.
Section 2. Severability: Invalidation of any one of these covenants
or restrictions by judgment or court order, shall in no wise affect any other
provision which shall remain in full force and effect.
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ARTICLE VIII. TERM
The provisions of these protective covenants are to run with the land and
shall be binding upon all parties and all persons claiming under them, for a
period of twenty (20) years from the date they are recorded, after which time
said protective covenants shall be automatically extended for successive
periods of ten (10) years unless an instrument executed by the owners of
seventy-five percent (75%) of the land described as all that land shown on and
described as Parcel 4 of Certificate of Survey No. 12409 and Parcel 4 of
Certificate of Survey No. 13186, Records of Flathead County, Montana, has
been recorded agreeing to terminate said protective covenants or change them
in whole or in part. Each parcel of land, regardless of size or of any deeded
ownership interest in a condominium unit shall be entitled to one vote under
this Article.
This Declaration may be amended by an instrument signed by the owners
of Seventy-five Percent (75%) of the land described as all that land shown on
and described as Parcel 4 of Certificate of Survey No. 12409 and Parcel 4 of
Certificate of Survey No. 13186, Records of Flathead County, Montana, which
instrument has been recorded, agreeing to such amendment. Each parcel of
land, regardless of size or of any deeded ownership interest in a condominium
unit shall be entitled to one vote under this Article provided that in any event
an amendment shall not be valid unless approved in writing by the City of
Kalispell.
IN WITNESS WHEREOF, the Declarant has executed this instrument the
day and year first above written.
NORTHWEST HEALTHCARE CORPORATION
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President
STATE OF MONTANA )
ss.
County of Flathead )
On this day of , 1998, before me, the
undersigned, a Notary Public for the State of Montana, personally appeared
, known to me to be the President of Northwest
Healthcare Corporation, the Corporation whose name is subscribed to the within
instrument, and acknowledged to me that such Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year in this certificate first above written.
Notary Public for the State of Montana
(Seal) Residing at Montana
My commission expires
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