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Planned Unit Development AgreementORDINANCE NO, 1524 AN ORDINANCE TO AMEND SECTION , OFFICIAL ZONING MAP, CITY of KNLISPELL ZONING oRDN NCE9 (ORDINANCE No. 46 BY ZONING CERTAIN REAL PROPERTY AS MORE PARTICULARLY DESCRIBED AS PARCELS A & B OF CERTIFICATE of SURVEY # 16084 IN SECTION 2, TOWNSHIP 28 NORTH, RANGE 2 WEST, P,M,,M* FLATHEAD COUNTY, MONT ANA (PREVIOUSLY ZONED COUNTY AG-20, AGRICULTURAL AND SAG-40, SUBURBAN RESIDENTIAL) To CITY (SINGLE FAMILLY RESIDENTIAL), WITH A�E UNIT DEVELOPMENT OVERLAY N ACCORDANCE WITH THE KAIS ELL GROWTH POLICY 2020, TO PROVIDE AN EFFECTIVE DATE. WHEREAS,, Touchstone., C, the owner of the propel desm'ed above, petitioned the City o Kalispell that the zoning classification attached to the above described tract of land e zone R-2, Single Family Residential with a Planned Unit Development er on approximately 50 acres of land, and WHEREAS, the proper is located on the northeast comer of Three Mile Dive and Farm to Market Road* and f WHEREAS, the petition of Touchstone., C was the subject of a report compiled by the -City Planning office, Staff Report KA- - KPU -0 - ', in which the ` -City Planning Office evaluated the petition and re oninie ded that the property as described above be zoned R- 3, Urban Singe F arnily Residential with a Ptanned Unit Development overlay, and WHEREAS, the Kalispell City Planning Board held a Public Hearing g on the matter on Janus 11, 2005, and recommended that the initial zoning be City R-2, Single Family Residential with a Planned Unit Development overlay, upon annexation to the Cite of Kalispell, and WtER1E.S, after considering all the evidence submitted on the proposal to zone the propel as described R-2, Single Family Residential with a Pled Unit Development ov-erlay, the City Council finds such 'Initial zoning to be consistent with the Kalispell Growth Policy 2020 and adopts, based upon the on'tenon set forth. in Sect -Ion --608, M.C. ., and State, Etc, v,.Board of County.Commissioners Etc* 590 P2d 6021) the amended findings of fret of' ' CPO as set forth in Staff Report No. :� -04-18 .KU-o-. NOW THEREFORE, BE IT ORDAINED BY THE CF17Y COUNCIL of THE CITY SE CTION I S ech on 2 7.02.01 , of the Offi clalZo Ing Map of the Kalispell Zoning Ordinance, (ordinance No. o is here t amended by designating the property described above as R-9., Single Family Residential with . Pled Unit Development overlay on approximately 50 acres. SECTION 1. The Planned Unit Development proposed Touchstone, LLC upon the rent property described above is hereby approved, subject to the following conditions: *fiat the development of the site shall be in substantial compliance with the application subrmtted, the site plan, materials and other specifications as well as any additional o nc .itio s associated with the FUD as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final Plata 2, That the development of lots in the PUD shall be subject to architectural review as outlined in the application and supportimi materials and a letter be ant ed to the Kalispell Site Development Review Comrffl'ttee from the Architectural Review Committee of the homwivners association prior to the 'issuance of a building permit. That the ply and specifications for all public inftastructure be designed and installed In accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that th-ey hae,v been reviewed and approved by the Kalispell Public Works Department. (Kalispel I Su division Regu lations, Chapter 3. Design Stand rds, Section 3 .0 1. `rhat a Tnl lmum 20-foot buffer t shall e established between Three Mlle Dfive and the s . divi ion that would inc l de a bike and pedestrian t a and buffering in the form often g or landscaping or both. These improvements are to be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, Flathead County Road Department and Montana Department of Transportation. That a pedestrian trail be developed within the BPA easement ent between the two internal roads that has been reie-wed and approved by the Kalispell Parks and Recreation Department. The cost ofdeveloping the pedestrian path shall be counted towards the parkland dedication r rements. (Kalispell Site Development Review Committee). 6. That a letter be obtained From the Kalispell Parks and Recreation Director approving landscape plan for the placement of trees and landscaping materials with.in the five foot landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivisioll Regulations, Section 3.11), , That the area designated on the plat a `'park' shall satisfy in part the requirements for parkland ddeation and shall be deehopd in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational a e . ti s i l .dm but not limited t pedestrian access, imgat o , landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space# Parkland dedication requirements are based upon 1 percent o the area n lots. Subtracting the required one c-re parcel for the fire substation approximately ,5 acres is lots generating a. need for 3,2 5 acres in parkland or a combinati on of p ar land with improvements - The reai ing 1.79 acres can be met through a cashequivalent in improvements to the propertyBased on a valuation o $18,000 per acre, remaining improvements and or cash in lie-u of parkland would be in the amount o $3 - 0. (Kalispell Subdivision Regulations, Section 3.19). �. The o o ing requirements shall be met per the Kalispell .dire Department., Kalispell Subdivision Relations, Section .2w a, Water mains designed to provide minimum fire flows shall be installed per City s e lti atio approved locations. � � i n�. fire flows shah e . accordance with the te-m do .a Fire Code 2003 Appendix B. . Fire kvdrants shall be provided per City specifications at locations, -approved by this departnient,-pfior to combustible construction. c. Fire Department access shall be provided in acoordance with Intemational Fire Code �2003)Section 503. . Due to eet phasing it should be noted that hazardous weed abatement shall be i in accordance with City Kalispell ordinance 1 o-8t e, Section E. Supportive Documentation, Item (a), indicates designation of a 51 acre lot for construction of a future ,ire station. It should be noted that the minimum lot size acceptable for fire station design is Zoo feet by 20 Feet, f it is recommended that consideration be given to annexation of"free Mile Drive are Farm to Market Road adjacent to the public fight -of -way. . That the parcel indicated for the fire department substation be increased In size in accordance with the requirements of the Kali spell Fire Department and e conveyed. to the City ofKai' spell at no cost to 'the City at .the time of final plat submittal. If the lot proposed for the fire department substation is not needed or wanted by the City, a letter shall be obtained ftona the Kalispell Fire Department stating as much as the lot shall be converted to tivo lots for single amity residential development. 10, That a provision be made for a mature 60 foot r*g t of way easement within the subdivision that would allow for the extension of the proposed r a i ay to provide future access to adjoining properties to the west in the area of the BPS. tra mission easement along the north l o n aty. (Kalispell Subdivision Regulations, Section. 3.04). That a letter be obtained from the Fontana Department agent of Transportation and Flathead County Road Department stating that the proposed accesses onto in-ee Mile Drive (Farm to Market Road) are been reviewed and approved and any associated and necessary improvements have been satisfactorily completed. M o ° . The roads within the subdivision shall he named and signed in accordance with the policies o the Kalispell Public Works Department and the Unifonn Traffic Control Devices Manual and 'be subject to review and approval of t.e Kalispell Fire Department. A letter shall be obtained from . the Kalispell Public Works .department stating the naming and addressing on the final plat have been reviewed and approved (Kalispell Subdivision Regulations, Section 3,09). 13. All existing and proposed easements shall he Mdieatec oD the face of -the final plat, Utility easements for Citv water and seiwer shall be ro F .ed to allow for the to cal extension of utilities Of from this subdivision to adjoining properties. A five foot utility easement be placed ed behind the nght-�way along al I I ots to al low for the placement ofutilitie pus City serer and water* The placement of utilities should be coordinated with the re-spectIve utility eom a es prior to construction. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. (Kalispell Public Works e artrn.ent). 14, After the construction and installation of utilities are completed, the developer shall inre that al property corners are replaced by a. licensed surveyor that nu*ght have been dished during construction. In locations where there is a conflict such as are elec-ffical pad, an offset marketer shall be placed and recordeA on the final plat} (Kalispell iic Works Department 5. The r.11l g Of the gravel pit should he coordinated with the City of Kalispell Public: Works De artm nt with the appropriate testing er .m-led and do cumented. (Kalispell Public Works Department). 16. That the covenants and bomeo erby-laws specifically include the required setbacks and other development standards. That a provision be M' c e in the covenants and by laws that 3 addresses the assessments and maintenance of the common areas m l d the BPS. easement. Additional language, be included In the covenants to prohibit the dumping of any lawn clippings, leaves, garbage or other debris in the BPA casement. That the covenants corrected to reflect the correct language that relates to this subdivision and el-iminates language that refers to the maintenance of private water and /or sewage treatment systems. 17. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service, (Kalispell Subdixdsion Regulations, Section 3.22), 18. Street g t g shall e located �; thin the iv and shall sh* that it does not intrude unnecessarily onto adjoining properfies. (Kalispell Subdivision Regulations Section ;0. 19. All. utilities shall be installed underground. (Kalispell Subdivision Regulations, Section w I ). ` 0. That a minimum of two-thirds of the necessary irdTastructure for this subdivision shall be completed prior to final plat bi-nitt 1. 1. All areas disturbed doming development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. 2. A note shall be placed on the face of the final plat which waives protest to the creation of a special improvement distfict for upgrade of roads in the area to City standards which are impacted by this subdivision. . "Mat a development agreement be drafted by the Kalispell City Attom y between the City o Kah. e and the developer outlining and formalizing the terms. eo dItlo andprovisionsoff' approvat. The final .flan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development 1 ) zoning for the site, . mat preliminary plat approval for the Est phase of the planned M-t development shall be valid r a period of three years from the date of approval with an automatic two year extension as each phase of the subdIvIsion plat has been completed and filed. (Kalispell S bdl "I to Reaulations Section 104). SECTION 1 . The balance of Section 7,02.0 o, Official Zoning Map, CAy� o Kalispell ZoningOrdinance ne not amended hereby hall re -main i full o -aneffect. S ECTION TV,. Tbi s ordinance shall take effect from and after 3 0 days ofit P the City Council, PASSED AND APPROVED BY THE CITY'COUNCIL.AND STGNED BY THE MAYOR of THE CITYOF KALISPELL, MONTANA, THIS 2 � A OF FEBRUARY, 2005. ATTEST. Mayor /071 { ed White Its Clerk 4 PLANNED UNIT DEVELOPMENT AGREEMENT MOUNTAIN VISTA ESTATES THIS AGREEMENT,made as of the "Lday of May,20 06, by Touchstone LLB 1. a Montana limited liability company, of 1289 North Meridian Road, Kalispell, MT 59903, hereinafter TOUCHSTONE, and the City of Kalispell, a municipal corporation, of 312 Ist Avenue East, Kalispell, Montana 59901, hereinafter CITY; WNSSEH WHEREAS, TOUCHSTONE is the fee owner of certain real property located in Kalispell, Flathead County, Montana, which is further described as Parcels A & B o Certificate Of Survey # 16084 in Section 2, Township 28 North., Range 22 West, P.M.M. Flathead County, Montana and is hereinafter referred to as "'Subject Property"; and WHEREAS, 1) TOUCHSTONE desires to have a Planned Unit Development overlay(PUD) upon the subject property currently zoned as R-2 Single Family Reside -nee that would allow some flexibility in lot sizes, housing types and site configuration, and. WHEREAS, in order to allow the PUD, assure the installation of infrastructure improvements within the "Sect Property", and prescribe the permitted uses therein, t.e parties hereto determine it to be in their interests to enter into this Development Agreement. I. GENERAL INTRODUCTION § 1.0 T General The use and development of the Subject Property shall substantially conform to and comply with the provisions of the PUD Application filed by applicant and. the conditions contained within Kalispell City Resolution No. 4973 conditionally approving the preliminary plat of the Mountain Vista Estates PUD and incorporated fully herein by this reference. PLANNED UNIT DEVELOPER'S AGREEMENT/MOUNTAIN VISTA ESTATES Page I of 1.02 Relationship to Zoning Ordinance Except as specifically modified or superseded by this Development Agreement, the laws, r les and relations of the City of Kalispell governing the use and development of land and buildings, including the City of Kalispell Zoning Ordinance, shall apply to the Subject property. § 1.03 Drawings The drawings comprising the Preliminary Plat and annexed to this Planned Unit Development Agreement are an integral and essential component thereof, and they are incorporated y reference herein. § 1.04 Effectiveness and Cancellation The provisions of this Planned Development Agreement shall become effective immediately and shall terminate upon the issuance of the final building permit for development of the Subject Property. This Development Agreement may be modified or amended only as set Forth in Article V hereof. § 1.05 certification Procedure Whenever n this planned Unit D evelopment Agreement a certificate by the Director of Public Works is required to be given, such certificate shall be given within thirty 3 days of the receipt of a completed application. Such an application shall be deemed to be complete upon receipt of such drawings and narrative information as are reasonably necessary for the issuance of such certi.ication. 1. PARCEL DESCRIPTION 2.01 The Subject property, described in the recitals above, shall be developed with the infrastructure improvements as describe. below. No building permit shall be issued for any of the parcels unless and until all improvements pec f� e in thi greement as well a those infrastructure improvements which may be required by the City of Kalispell's Standards for Design and. Construction are either constructed or sec r .ty prov e. guarantee ng construction o said improvements for that particular parcel upon which a building permit is requested. 111. SITE CONDITIONS AND REQUIREMENTS . The development of the site shall be in substantial compliance with the application submitted'. the site plan, mate a s and other specifications as well as any additional conditions associated with the PUD as approved by the city council. 2. The development of lots in the PUD shall be subject to architectural review as outlined in the application and supporting materials and a letter shall be submitted to the Kalispell Site PLANNED UNIT DEVELOPER"s AGREEMENT/MOUNITAIN VISTA ESTATES Page 2 of 8 3 Development Review Committee From the ArchitecturalReview Committee the homeowners association prior to the issuance of a building permit. . The plans and specifications for all public infrastructure shall be designed and installed in accordance with the Kalispell Design and Construction Standards and a letter shall be obtained stating that they have been reviewed and approved by the Kalispell Public Works Department. 4, A mimr. um 2 -foot buffer strip shall be established between Three Mile Drive and the subdivision that will include a bile and pedestrian trail and buffering in the form o berming or landscaping or both. These improvements shall be coordinated with the Kalispell Public Works Department, Parks and Recreation Department, Flathead County .load Department and Montana Department of Transportation. . A. pedestrian trail shall be developed within the BPA casement between the two internal roadways that has been reviewed and approved by the Kalispell Parks and Recreation Department. The cost of developing the pedestrian path shall be courted towards the parkland dedication requirements. . A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the five foot landscape boulevard developed between the curb and the sidewalk. . he area designated on the plat as "`park' shall satisfy in part the requirements for parkland dedicafton and shall be developed in accordance with a plan approved by the Kalispell Parks and Recreation Director that provides recreational amenities including but not limited to pedestrian access, lm' atlon, landscaping and play equipment so as to provide a recreational component within the development and not simply left as passive open space. Parkland dedication re ni.rements are based upon 11 percent of the area in lots. Subtracting the required one -acre parcel for the fire substation approximately 29.54 acres is in lots generating a need for 3.25 acres in parkland or a combination of parkland with improvements. The remaining 1.79 acres can be met through a cash equivalent in improvements to the property. Based or a valuation o $ l , 00 per acre, remaining improvements and or cash in lieu of parkland would be in the amourit o 2,22 . . The following requirements shall be met per the Kalispell Fire Department: a. Water mains designed to provide minimum fire flows shall be installed per City specifications at approved locations. Minimum fire flows shall be in accordance with the International Fire Code Zoo Appendix B. b. Fire bydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code (2003)Section 503. PLANNED UNTIT D v P .'s AG .. M NT/MoIN-TAIN VISTA ESTATES Page 3 of d. Due to project phasing it should be noted that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 1 - . e. Section E. Supportive Documentation, Item (a), indicates designation of a .51 acre lot for construction of a future fire station. It should be noted that the minimum um lot size acceptable for fire station design is 200 feet by Zoo feet. It is recommended that consideration be given to annexation of Three Mile Drive and Farm to Market Road adjacent to the public right-of=war. . The parcel indicated for the fire department substation shall be increased in size i accordance with the requirements of the Kalispell Fire Department .t and be conveyed to the City of Kalispell at no cost to the City at the time of final plat submittal. If the lot proposed for the fire department substation is not needed or wanted by the City, a letter shall be obtained from the Kalispell Fire Department stating as much as the lot shall be converted to two lots for single family residential development. 10. A provision shall be made for a future 60 Foot right of way easement within the subdivision that would allow for the extension of the proposed roadway to provide future access to adjoining properties to the west in the area of the BPA transmission easement along the north boundary. 1. A. letter shall be obtained from the Montana Department of Transportation and Flathead County Road Department stating that the proposed accesses onto Three Mile Drive e (Farm to Market road) has been reviewed and approved and any associated and necessary improvements have been satisfactoffly completed. 12. The roads within the subdivision shall be named and signed in accordance with the policies of the Kalispell PublIc works Department and the Uniform Traffic Control Devices ices .an al and be subject to review and approval of the Kalispell Fire Department..A letter shall be obtained from the Kalispell Public works Department t stating the naming and addressing on the final plat have been reviewed and approved. 13. All existing and proposed easements shall be Indicated on the face of the final plat. Utility easements for City water and severer shall be provided. to allow for the logical extension of utilities from this subdivision to adjoining properties. A. five foot utility easement be placed behind the r' ht-of-way along all lots to allow for the placement of utilities minus City sewer and water. The placement of utilities should be coordinated with the respective utility companies prior to construction. A letter from the Kalispell Public works Department shall be obtained stating that the required easements are being shown on the final plat, 14. After the construction and installation of -utilities are completed, the developer shall Msre that all property corners are replaced by a licensed surveyor that might have been disturbed during construction: In locations where there is a conflict such as are electrical pad, are offset marketer shall be placed and accorded on the final plat, I5. The filling of the gravel pit shall be coordinated with the City of Kalispell Public works Department with the appropriate testing performed and documented. PLANNED LNIT DEVELOPERS AGREM N" /MotN ANT VISTA ESTATES Page 4 of 8 1 . The covenants and homeowners by-laws shall specifically include the required setbacks and other development standards. A provision shall be included in the covenants and by lags that addresses the assessments and maintenance of the common areas including the BPA easement, Additional language shall be included in the covenants to prohibit the dumping of any lawn clippings, leaves, garbage or other deb s in the B A easement. The covenants shall be corrected to reflect the correct language that relates to this subdivision and eliminates language that refers to the maintenance of r'vate water and/or sewage treatment systems. 1. The developer shall provide a letter from the U.S. Postal Service approving the plan for nail service. 8. Street lighting shall be located within the subdivision and shall be shielded so that it does not intrude unnecessarily onto adjoining properties. 19. All utilities shall be installed underground. 20. A minimum. of two-thirds of the necessary infrastructure for this subdivision shall b completed prior to final plat submittal. 21. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -free mix immediately after development.. 22. A note shall be placed on the face of the final plat, which waives protest to the creation of a special improvement district for upgrade of roads in the area to City standards, which are I mpacted by this subdivision. 23. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development U zoning for the site. 24. Preliminary plat approval for the first phase of the planned unit development shall be valid for a period of three years from the date of approval with an automatic two year extension as each phase of the subdivision plat has been completed and filed. IV. AMENDMENT OR MODIFICATIONS of DEVELOPMENTAGREEMENT 4.01 This Development Agreement may be amended or modified only, by application of the owner, in accordance with the procedures set forth herein. .02 .Application for amendment or modification may be made, to the City of Kalispell Site Review Committee, by any fee owner of a parcel in respect to the Subject Property. .03 Modifications of this Development Agreement which are determined by the Site Review CoM.Mittee to be minor modifications shall require only the consent of the Site Review PLANNED UNIT DEVELOPER" AGREEMENT/MOUNTAIN VISTA. ESTATES Page Committee,, and shall not require the consent or approval of the City Council or any other public agency. All amendments and modifications to this Development Agreement other than, minor modifications shall require the approval of the City Council of the City of Kalispell, 4.04 All applications `or modification or amendment of this Development Agreement shall be "sled with the Site Review Committee and the Site Review Committee shall promptly determine whether the modification is minor or major. .05 The Site Review Committee shall make its determination with respect to any application for a minor modification subject to this Section within fifteen (15)days after it determines the application to be subject to said minor modification. 4.06 If the amendment t r modification requested Is of such a nature as to require approval o the City Council, the Site Review Committee shall refer the matter to the City Council within fifteen l 5) days after it determines the ratter requires Council review. 4.07 The owner may appeal any decision of the Site Review Committee to the City Council, who may affirm, reverse or modify the Site .review Committee decision. V. CONSTRUCTION PERMITTING 1. No building permit in respect to the building in any structure shall be issued by the Building Department until the Director of Public Works has certified to the Building Department that the infrastructure improvements and roads as required herein substantially conform to the Site Condition requirements contained in this Agreement and that said improvements have been constructed or security guaranteeing the construction has been received by the City. . For purposes of this Section, the "See ty"' required shall be in an amount equal to 125 o the developer"s Licensed Engineer's estimate of the cost of constructing said improvements. VI, MISCELLANEOUS 6.01 Effective Data This Agreement shall be effective immediately and shall remain in fall force and effect until all parcels within the Subject Property are developed or August 15, Zoo , whichever occurs first. .02 Sev ra l.lity n the event that any provisions of this Declaration shall be deemed, decreed, adjudged or determined to b e invalid or unlawful by a court of competent jurisdiction, such provision shall be severable and the remainder of this Agreement shall continue to be of fall force and effect. PLANNED UNIT DEVELOPER'S AGREEMENTUMOUNTA-fN VISTA. ESTATES Page 6 of 8 § 6.03 Recordation This .Agreement shall be recorded along with the CCNR's with respect to the subject property, § 6.04 Entire Agreement -Primacy This Agreement constitutes the entire agreement betweeDthe parties and may only e amended as set forth herein. In the event, during the term of this Agreement, there is a variance between the provi.sions of this Agreement and the CCN " , filed with respect to the subject property, this Agreement shall take precedence. 6.05 Binding Effect This Agreement shall be binding upon and inure to the benefit of the respective parties heirs, successors and assigns. Dated this .z day of May,2006. "TOUCHSTONE, LLC y. Managing Member CITY OF KASL k 1 s9 15�. 4 Ja .ry . H. atria, City Manager PLANNED UNIT PER" S AGREEMENT/MtN ATN VISTA ESTATES 3 Page 7 of 8 STATE OF MONTANA )-.SS County of Flathead _YJ On this 2-Z' day of May, 2006, before rye, the undersigned, a Notary Public for the State of Montana, personally appeared _.SAV � Lk managing member o . ............... ... Touchstone, C, that executed the foregoing instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set ray hand and affixed my Notarial Se the day and year in this certificate first above written. Notary Pdj1zc, State of Montana Residing at (I i F MuAfri'L-- -fl- My Commission Expires JaNuary 6i; abD� STATE 4F MONTANA ) ):SS County of Flathead ) On this , day of 20 4, before me, a Notary Public in and for the State of Montana, personally appeare-DES H. PATRICK, known to rye to be the City Manager of the City of Kalispell, a municipality, that executed the Within instrument, and acknowledged that such City Manager s hseri ed., sealed and delivered said instrument as the free and Voluntary act of said municipality, for the uses and purposes therein. set forth., and that e was duly authorized to execute the same on behalf of sald municipality. fN ITNIESS WHEREOF, I have hereunto set my hand and affixed my Nota al Seal, the day and year first above written. S:� s . Notary Pub14 State ont na �Residing at My Commission Expires _.._... � . A L F %I PLANED �Tt ' DEVELOPER"S AGREEMENUMOUNTAIN VISA ESTATES Page 8 of 8