Hutton Ranch CC&R's and Reservation of EasementsRecording Requested by and
Return o
Tia R. Robbin
Measure, Robbie & Wilson, P.C.
P_. Box 918
2006248 1 `-I 0 ) 0
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AND RESERVATION OF EASEMENTS
OF THE HUT ON RANCH PLAZA OFFICE CONDOMINIUMS
THIS DECLARATION, made this day of &PteM Hutton
Ranch Plaza Associates, LLC, a Delaware Limited Liability ors a . , hereinafter referred to as
`4C `"';
WHEREAS, Declarant is the Owner of the real propel situated in Flathead County,
Montana to be developed and known as the Hutton Ranch Plaza Office Condominiums- are
WHEREAS, Declarant is desirous of subjecting said real propel to the Covenants,
Conditions and Restrictions hereinafter set forth, each of which 's and are for the benefit of said
property and for each Unit Owner thereof, and shall inure to the benefit of said property and for
each and every parcel thereof, are shall apply to an bind the Declarant and its successors in
interest, and any Unit Owner thereof;
;
WHEREAS, Declarant recorded on May 2, 2006,, the Declaration of Covenants,,
Conditions and Restrictions and Grants of Easement for the Hutton Ranch Plaza Subdivision
(hereinafter referred to as "HRP CCRs"), in the records of Flathead County, Montana
(Recordation No, 2006122f 163 , and it is the intent and desire of Declarant that these
Covenants, Conditions and Restrictions be subordinate to the HRP GCBs, which are incorporated
herein by this reference, and in the event any inconsistency or ambiguity between the HRP CCRs
and this Declaration of Unit Ownership arise, the HRP CCRs as may be modified and amended
from time to time shall control and supercede this Declaxation.
DECLARATION OF COVEA TS, CONDMONS AND RmwmoNs, PAGE I
AND RESERVATION ]EASEMENTS OF
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NOW, THEREFORE, the Declarant hereby declares that the real property described '
Article I is and shall be held, transferred, sold and conveyed subject to the Covenants, Conditions
and Restrictions hereinafter set forth, which shall run with the lard and inure to the benefit of
each Unit Owner.
ARTICLE
A. Pro ert . The real property which is and shall be held, conveyed, transferred and sold
subject to the Covenants,Conditions and Restrictions hereafter set forth is situated i
the City of Kalispell, County of Flathead, State of Montana, and is descr' ed as follows;
Lot 9 of Phase I of the Hutton Ranch Plaza Subdivision, according to the
subdivision map or plat thereof, on file and of record, in the offices of the
Clerk and Recorder of Flathead County, Montana, on which a one-story
building will be or is constructed with six units, as depicted on Exhibit
, which is incorporated herein by this reference.
No other property, other than that described above, shall be deemed subject to this
Declaration unless and until specifically made subject thereto.
B. Definitions.
"Associat on"I shall mean the association of all the condominium unit owners on
the property descr bed hereina o e and its/their successors and asig. s in its/their
capacity to oversee, administer and enforce these Covenants, Conditions and
Restrictions. The Association may also be referred to herein as the "Hutton
Ranch Plaza Professional Office Condominium Association, Inc."', which shall be
formed by the Declarant arant as a Montana Non -Profit, Mutual Benefit Corporation.
. "Co=on propertiesil or "common area's shall mean those areas set fort. as
General Common Elements in the Declaration of Unit Ownership of the Hutton
Ranch Plaza office Condominium Association, Inc. hereinafter "Declaration of
Unit Ownership"" recorded in the records of Flathead County, Montana, on the
property hereinaho e described, other than any individual unit ownership .
footprints set fob thereupon. Said General Common Element propel shall be
conveyed to and owned by the Association.
3. "Declarant" shall mean Hutton Ranch Plaza Associates, ITC, a Delaware Limited
Liability Company., i
ts successors and assigns.
. "General. Common Element" shall mean the land on which the building is located,
the foundation, cols, girders, beams, supports, main walls, installations of
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AND RESERVATION of EASEMENTS OF
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central services such as power, light, gas, hot and cold water and heating, air
conditioning, and general apparatus and installations existing for common uses
and all other elements of the building necessary or convenient to its existence,
maintenance, and safety and nonnally in common use, as set forth as general
common elements in §70-23-102(7)(b)-(g), M.C.A. Anything located outside o
the building, including but not limited to parking lots, landscaping, and sidewalks,
are coon elements of the Hutton Ranch Plaza Subdivision, subject to the HRP
CCRs referenced above.
5.`*Limited Corso .dement" shall mean the designated mail room., as set 'orth o
Exhibit to the Declaration of Unit Ownership, which is subject to an easement
specifically reserved herein which e e is Hutton Ranch Plaza Associates, LLC
and its assigns.
, `Member" shall mean an Owner of a Unit which is subject to assessment
.ereunder, in the context a Unit Owner's mem er 'p o the ;�AssocIat� nr"
. "Owner" shall mean the record owner of a fee simple title to any Unit which is
part of the property and shall also include a contract buyer.
8. "Property" shall mean the real property described in Article 1, paragraph A
hereina ove, which may also be preferred to as the Hutton Ranch Plaza Office
Co.domi.u-ms
9. "Unit" shall mean the areas as shown on the attached Exhibit B, which is the area
inside the e,telr building envelope and separated by a separation wall as shown,
and intended for the use and occupancy. Units shall not be deemed "common
properties" or `�conunon areas.11
. "Voting Unit" shall mean that quantity votes the Unit Owner possesses, which is
based directly upon the number of square feet owned by the Unit Owner in the
Property e.#, A Unit Owner who owns 100 square feet in the Property has 100
Voting Units). The Voting Units for each Unit are set forth n the Declaration o
Unit Ownership.
ARTICLE 11
USE of THMM N AREA
A. Common Area. the Common Area deed as General CoTnmon Eemets in the
Declaration. of Unit Ownership shall be owned by the Association.
B. U It owner's Easements of Eno and Pro Rits. Every Unit Owner shall
DIECLAJUTION of COVENANTS, CONDMONS AND RiESTRICTIONS9 PAGE
AND RESERVATION OF EASEMENTS of
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have a right and easement of enjoyment of the common area and said right shall be
appurtenant to and shall pass along with title every Unit subject to the following
provisions:
Suspension of Voting Ri s. The Association retains the ht to suspend any
Unit owner's voting and use rights for any eod dig which any assessment
against a Unit remains unpaid, and for a period not to exceed sixty 60) days for
any infraction of its published rules and regulations;
2, Dedication. The Association retains the right to dedicate or transfer all or any paw
of the common area to any public agency, authority, or utility for such poses
and subject to such conditions as may be agreed to by the Members. No such
dedications or transfer shall e effective absent the unanimous ritten consent o
all Uru't owners to such dedication or transfer;
. Fees.The Association retains the n't to charge fees for the use, care,
maintenance and improvements of the common area or providing services and
facilities to the propel and the Unit owners hereof;
. Liens. The Association retains the right to place liens on the title to any Unit
whose Unit Owner(s) fail to pay any fee.
C. Delegation of Use. Any Unit owner may delegate, in accordance with this Declaration,
the Articles of Incorporation and the Bylaws of the Association his or her rights o
enjoyment to the coon area facilities to their invitees, guests, tenants, or contract
purchasers.
D. Unit Owner"s Easement for In ess and E ress. Each Unit Owner is hereby granted a
easement, which shall mn with the lard, across the common area as necessary for ingress
and egress and the maintenance of utilities to and from his or her unit.
E. Encroachment and overha Easements. Each m*t and the common. area shall be
subject to are easement for oeans and minor encroachments by walls and structures
upon adjacent Units as constructed by the orial builder or as reconstructed or repaired
in accordance with the original plans and specifications, such easement shall be in favor
of the Association.
..
F. Reser-vation of Mail Room aseme ,t. Declarant hereby reserves, in perpetuity, for the
bereft of Declarantl Hutton Ranch Plaza, LLC, and its assigns includin.g all members of
the Association which may be created pursuant to the HRP GCBs, an easement for use o
the `email room located on the Property, and designated as a Limited Common Element. .
(See Exhibit A). Declarant and/or its assigns shall be responsible for the "build -out"
DECLARATION of COVENANTS, CONDMONS AND RESTRICTIONS, PAGE
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costs of constructing the mail room, and thereafter shall be responsible for all utilities an
maintenance of the mail room. This Easement may not be altered or amended in any
fashion without the express Witten consent of Declarant or its ass es.
ARTICLE III
ASSOCIATION MEMBERSHIP
A. Membership, The Association shall have as Members the owners of each of the Units.
Membership shall be appurtenant to and shall not be separated from ownership of any
Unit. Members shall participate in a manner prescribed by this Declaration and the
Articles of Incorporation and Bylaws of the Association, and subsequent resolutions o
the Association" s Board of Directors. The Association's pose is to control, maintain
and improve the common area and exteriors of the Units, and to provide services an
facilities for those poses to the Unit owners as it may detennine are necessary, from
time to time.
B. Amendment. The provisions of the Article may be amended at any time by an instrument
signed by not less than seventy-five per cent 5% of the total voting units, recorded with
the Clerk and Recorder of Flathead County, Montana.
ARTICLE IV
ASSOCIATION VOTING RIGHTS
A. Allocation of voting Ri.its. Each Unit owner shall be entitled to one voting Unit for
each square foot he, she or it owns in the Property. When more than one person holds an
interest in any unit, all such persons shall be members and the vote for such unit shall be
exercised as those members may etermi e, ' but in no event shall more than the allocated
Voting Units be east with respect to any Unit.
ARTICLE v
COVENANT FOR MAINTENANCE ASSESSMENTS
A. Creation of the Lien and Personal obligation. for Assessments. The Declarant, for each
Unit owned within tied,hereby covenants, and each subsequent Unit owner o
any Unit, as evidenced by recordation of a deed thereto, whether or not it shall be so
expressed in such deed, is deemed to covenant and agrees to pay to the Association the
following.
Annual assessments of charges which includes, but is not limited to, a reserve for
certain capital improvements as well as the Association" s pro rata share o
Common Area Expenses as detailed in the HRP CCRs (Recordation No
2006122163 o. The Association shall also have the right to charge for the
DECLARAMN of COVENANTS, CONDMONS AND RETIUCTIo, PAGE
AND REsERVATION of A-sNTs of
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separately metered utilities provided to each Unit. The Declarant and the Board of
Directors have the r'ght to charge annual assessments 'in twelve 12 equal
monthly installments, as well as charges incurred as set forth in Article VII(A)(4)
herein,
2. Special assessments for capital improvements, as provided in paragraph E hereof;
. Amounts sufficient to indemnif�- and hold the Association harmless from all
obligations undertaken or incurred by the .Association at or on account of an
individual Unit Owner's special request and to repay the Association for all
expenditures on account thereof;
. Amounts sufficient to reimburse the Association for the cost of performing any
obligation of a Unit Owner which he or she has failed to timely pay or perform.
The aforesaid obligation, together with interest4) court costs,, reasonable attomey's
fees and all other collection expenses, shall be a charge and a continuing lien upon
the Unit against which each such obligation is paid, or with reference to which
each such charge is incurred. Each assessment or charge, together with interest
costs, and reasonable attomey's fees, shall also be the personal obligation of the
personal who was the owner of such Unit at the time when the assessment fell
due or charge was incurred; and,
. Assessments made by the Association for taxes and for the maintenance and
reprover ent o the common areas shall be a lien against the Units, and may be
enforced by judicial process, including the right to recover all costs of collection
and reasonable attorneys fees.
B. Pumose of Assessments. The assessments levied by the Association shall be used for the
improvements ements and maintenance of the common area.
C. dual Assessments. The annual assessments shall be determined at the sole discretion
of the Board of Directors of the Association, provided, however, the annual assessments
to any individual Unit owner shall never be less than the amount of coon area
expense incurred by the Association pursuant to the HR' CCRs Recordation No.
Zoo l 22 l l o) plus the amount of any charges due as the result of the providing of
utility services pursuant to Article VII A as set forth herein.
D. Ap rtionme t of .Assessments. All utility charges shall be apportioned on the basis of
actual s bmetered use of electricity by each Unit. All other assessments shall be
apportioned based on the square footage of each Unit as it relates to the total snare
footage of the Property. Such assessments shall include an adequate reserve fund for
taxes, maintenance, repairs and replacement of those elements of the common property
DECLARATION of COVENANTS) CONDMONS AND RESTRICTIONS9 PAGE
AND RESERVATION of EASEMENTS OF
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that must be replaced on a periodic basis, in order that such costs may be collected in
regular installments is rather than by special assessment.
E. S I Assessments for Cnital Improvements. ts. In addition to the annual assessments
authorized above, the Association may levy, in any assessment year, a special assessment
applicable to that year only for the pose of defraying, in whole or in part, the cost o
any construction,, reconstruction, repair or replacement of a capital improvement upon the
cormon area, including fixtures and personal propel related thereto, provided that any
such assessment shall have the consent of not less than i ty-ore per cent %) of the
Voting Units, which are voted In person or by proxy at a meeting duly caHed for this
pose,
F. Notice and.,or s. for don A. tho e Under Para a E. Written notice o
any .meeting called for the pose of taking any action authorized under Paragaph E
shall be sent to all Members not less than tern 1 o days nor more than sixty days i
advance of the meeting. t such meeting called, the presence of Members, or their
proxies, entitled to cast fib -one percent % of all voting Units shall constitute a
quorum.
G. Rate of Assessment. Both Dual and, special assessments must he fixed at a um'form rate
based on square footage of each Unit or by usage if separately metered, such as for
separately metered utilities. This provision shall not preclude the Association from
makingseparate o additional charge to Unit owner on account o special services or
benefits rendered, conferred or obtained.
H. Date of Commencement of Annual Assessments-: Dues. The Dual assessments
provided for herein shall commence as to all Units on the first clay of the month nth following
completion of the construction of the third Unit constructed. The annual assessments
shall be divided into twelve 2 equal monthly payments. The Board of Directors shall
fix the amount of the annual assessment against each Unit at least tarty o days in
advance of each annual assessment period. Written notice of the wnual assessment and
of any special charges shall be sent to every Unit Owner subject thereto. The due dates
shall be established by the Board of Directors. The Association shall, upon demand, are
for a reasonable charge, err sh a certificate signed by an officer of the Association
setting forth when the assessments and charges on a specified Unit have been paid.
I, Effect of Non yr e t of Assessments: Remedies of the Association. Any assessment or
charge not paid within thirty (30) days after the due date shall bear interest from the due
date at the rate of ten per cent l 0% per an.um. The association may bring an action at
law against the Unit owner personally obligated to pay the same, or foreclose the lien
against the property. No Unit owner may waive or otherwise escape liability for the
assessments or charges provided for herein by non-use of the co=on area or
DEcLARATioN of COVENANTS, CONDMONIS AND RESTCTIo S, PAGE
AND RESERVATION OF EASEMENTS OF
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abandonment of his Unit. Sale or transfer of any Unit shall not affect the lien for
assessments or charges.
ARTICLE V
EXTERIOR MAINTENANCE
A. Units. All exterior maintenance shall be the responsibility of the Association and the cost
thereof shall be included in that portion of the dual Assessment ear -marked a
Building Capital Reserve. Any required assessment beyond these amounts shall be
considered Special. Assessments subject to the terms of Article V E . After not less than
ten o days .notice to the Unit owner, the Association shall have the right to enter upon
or into the Uru*t and Provide such maintenance or .make s c.h repairs or replacements, and
shall do so in such manner as to not interfere with the business operations ofthe Unit
Owner. -
B. Access at Reasonable Hours. For the pose of performing the maintenance ce authorized
y this Article, the Association's agents or employees shall have the right after reasonable
notice to the U t Owner to enter upon a Unit or upon any portion of the co=on areas,
at reasonable hours, and without notice at any time in the event of an emergency.
ARTICLE V1
DUTIES AND POWERS of THE UNIT OWNERS' ASSOCIATION
A, Duties and Powers. In addition to the duties and powers enumerated in its Articles of
Incorporation and Bylaws, or elsewhere ro ided for herein, and without limiting the
generality thereof, the Association. shall:
Common Areas. Maintain and othem-ise manage all of the common area and all
facilities I improvements and landscaping thereon, and all property that may be
acquired by the Association.
2, umishin s and Equipment. obtain and ,maintain for the use of the building
exterior and common area such furnishings and equipment as the Board of
Directors shall deem necessary or proper.
Exterior Maintenance. Maintain the exterior of the Units in the manner and
subject to the limitations set forth in Article V1.
. Utilities: Refuse Collection. Have the authority to obtain all or some utility
services for the use of the Unit owners, including, but not limited to, water, gas,,
sewer, electricity, and refuse collection; and., to the extent not separately charged
or metered, allocate the charges therefore on the basis of the square footage of
D-ECLARAnON of COVENANTS, CONMIONS AND REsmcno.Ns, PAGE
AND RESERVATION ]EASEMENTS of
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each Unit in proportion to the total square footage of all Units.
5. L al and Accounting Services. Have the a thor ty to obtain legal and accounting
services necessary or proper in the operation of the project or the enforcement o.
these Covenants, Conditions and Restrictions.
. Easements. Grant easements where necessary for utilities and sewer facilities
over the common areas to serge the co=on areas and the Units.
7. Emplov. Have the a t or' y to employ a manager and/or other persons(s) and to
contract with independent contractors or managing agents to perfonn all or any
part of the duties and responsibilities of the .Association.
. ContLincrency Fund. Have the power to establish and maintain a working capital
and contingency fund in an amount to be determined by the Board of Directors o
the Association. Said fund shall be used by the Association as the Board o
.directors sail deem fit to carry out the objectives and poses of the
Association, and shall be added to and made a part of the regular assessments
provided for in paragraphs A, C, and E or Article v hereof.
9. Purchase Insurance. Have the power to purchase insurance for either or both the
common areas and all or any part of the Units for such risks, and from such
companies, and in such amounts as the Board of Directors of the .Association shall
determine and to assess the premium costs thereof in any manner that the Board o
Directors of the Association shall deem to be appropriate. Premium costs for
risks associated with the common area shall be part of the general assessments.
B. Liability and other Insurance. All policies of insurance required herein shall be issued by
insurance companies with a general policy holder's rating of not less than "A2` and a
financial rating of not less than Class "V ", as rated in the most current available `j est's
Key Rating Guide", and which are authorized to do business in the State of Montana.
Association Insurance. At all times durincy the term of this Declaration, the
Association sail continuously maintain or cause to be continuously rnai tag ed
property insurance on the Property and commercial general liability insurance
with a combined single limit of at least a limit of Five Hundred Thousand Dollars
�5 00,000) per occurrence and one Million Dollars $ , 00,000.00 annual
aggregate, with coverage at least as broad as the standard ISO Occurrence Form
CG000 1,, endorsed to cover personal ink (including false arrest), bodily iuty
and property damage, liability arising from the use and occupancy of the Property.
Said policy limit may be adjusted from time to time to reflect commercial
standards then in effect at the election of the Board of Directors of the
DECLARATION of COVIENANTS, CONDITIONS AND RES-rRICTIONS, PAGE
AND RESERVATION of EASEMENTS OF fir+ �+ �-* �+�+ CO
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THE H i 1 O RA L. ZA OFFICE C4J f ,2 MUMS
2006248
Association. The Association shall name each Unit Owner as are additional
insured of each policy of insurance. The premiums for the above policies shall be
included in the Association Assessments, payable by the Unit owners.
The Board of Directors of the Association may purchase additional insurance as
the Board of Directors may determine is advisable including, but not limited t,
officers and directors liability, errors and omissions, workman's compensation
insurance, demolition insurance to remove improvements that are not rebuilt,
fidelity bonds, and insurance on Associations -owned personal propel. All
premiums therefore shall be paid out of the Association's funds and included as
assessments.
Unit Owner's Insurance: Each Unit Owner shall, at its sole expense, continuously
maintain or cause to be continuously maintained commercial general liability
insurance, with a combined single limit of at least a limit of Five Hundred
T'ho san Dollars $ ,00 per occurrence and one Million Dollars
($ l ,0 , 00. 0 annual aggregate, with coverage at least as broad as the standard
ISO Occurrence Form CG000 I, endorsed to cover personal 'injury (including, false
arrest), bodily injury and property damage, liability arising from the use are
occupancy of its Um't and the Unit Owner's operations. Said policy limit may be
adjusted from time to time e to reflect commercial standards then in effect at the
Election of the Board of Directors of the Association. Each I rfit Owner shall
name the Association as an additional insured of the policy of insurance.
Unit owner may carry such personal liability are.d property damage insurance
respecting his or her individual Unit as he or she may desire; however, any such
policy shall include a waiver of subornation clause in favor of the Association and
all other Unit Owners,
C. Other Duties and Powers. The Association and its Board of Directors acting in its behalf
shall obtain, provide and pay for any other mateals, supplies, farniture, labor, services,
maintenance, .ce, repairs, structural alterations, insurance, or pay any taxes or assessments
which the Board of Directors is required to secure or pay for pursuant to the terms o
these Restrictions or by law or which In its opinion shall be necessary or proper forthe
operation of the project or for the enforcement of these Restrictions. If any such
matcrlals, supplies, mature, labor, services, maintenance, repairs, structural alterations,
insurance, taxes or assessments are specially provided for a particular Unit, then the
Association may seek reimbursement from the Unit Owner. The Association may
llkew'ise a �� amount necessary todischarge any lien or encumbrance levied acrainst
the entire Property or any part thereof which may, in the o i.* n of the Board o
Directors, constitute a lien against the common areas, rather than merely against the
interests therein of a particular Unit owner, provided that where one or more Unit
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, PAGE 10
AND RESERVATION OF EASEMENTS OF
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2006248 1 �1010
Owners are responsible for the existence of such lien, they shall be jointly and severally
liable for the cost of discharging it, and any costs 'recurred by the Board of Directors by
reason of said lien or liens, shall be specially assessed to said Unit owners.
ARTICLE V111
UTILITIES
A. Riahts and Duties of owners. The rights and duties of the Unit owners with respect to
samtary sever, water, electricity, gas and telephone limes and facilities shall be governed
y the following:
Easement. Wherever sar tart' sewer or water connections or electricity, gas,
telephone or other similar lines or pipes are installed upon the Property, which
connections, lines, or pipes, or any portion thereof lie in, over or under Units
owned. - by'other than are owner of the Unit served by said connections, lines or
pipes, the owners of the Unit served shall have the right, and are hereby granted
an easement to the extent necessary therefor, at reasonable hours, to eater upon
the Unit within the property in or upon which said connections, lines or gives, or
any portion thereof, lie, in order to repair, replace and generally mainta . said
connections, lines and pipes, at the sole expense of the owner of the unit served.
2. Co=on Connections Lines or Pipes. Wherever sanitary sever or water
connections, or electricity, gas or telephone lines or ics, are installed wits the
Proper, which corrections serve more than one Unit, the owner of each UM't
served by said connections, lines, pipes, shall be entitled to the fall use and
enjoyment of such portions of said connections, lines and pipes, as serve a Unit.
.resolution of Dispute. In the evert of a dispute between Unit Owners with
respect to the repair or rebuilding of said connections, limes or Pipes, or with
respect to the sharing of the cost therein, then, upon w tten request of one of such
unit owners, addressed to the Association, the matter shall be submitted to the
Board of Directors who shall decide the dispute, and the decision of the Board
shall be final and conclusive.
B. Dec grant' s Easement. Easements over the Property for the installation and maintenance
of electr'c, telephone, water, gas and sanitary sewer lines, pipes and facilities, and for
drainage facilities, as shown on the recorded plat of the Property and as the Declarant, in
it's sole discretion may hereafter determine may be required or needed to service the
Property, or any Units, are hereby reserved by Declarant, together with the right to grant
and transfer the same.
DECLMUTION OF COVENANTS, CONDMONS AND RESTRI ONS, PAGE I I
AND RESERVATION of EASEMENTS OF
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ARTICLE IX
ARCHITECTURAL CONTROL
A. Ar tec�ral , r � , No eater for d' �� � r
building may be made until the plans and specifications showing the nature, mod, color,
shape, height, materials, location and other material attributes of the sarne shall have been
submitted to, and approved in Ming as to hannony of intemal and external design and
location by the Architectural Review Committee (hereinafter "ARC"'), established
pursuant to the provisions of paragraph B of this Article. In the event said ARC fails to
approve the plans within tarty days after said plans and specifications have been
submitted to it, approval will not be required and this mice will be deemed to have been
fully complied with..
B. Apj2o.intment of Architectural Review Committee. Declarant shall retain the right to
appoint and remove the initial members as well as any replacement t members, necessary
due to the resignation, death or removal of a member er of the ARC. The ARC shall consist
of not less than three members who shall remain in office Until Declarant relinquishes the
right to appoint the members of the ARC to the Association or until such time as not less
than seventy-five percent % of the voting Units are owned by Unit owners other
than the Declarant, whichever shall first occur. From and after such event or time, the
ARC shall e composed of the Board of Directors of the .ssociatlon of by three
Members of the Association appointed by said Board of Directors.
C. Window Covers„As part of ownership and delivery of each Unit, Declarant will
provide interior vandow coverings for all exter'or windows, which will he form in
design and color. Responsibility for maintenance, repair and replacement of window
coverings shall rest with each Unit Owner. However, no deviation in type or color shall
be allowed without the or approval of the Hutton Ranch Plaza Architectural Review
Committee, as created and governed by the HRP CCRs.
ARTICLE X
USE RESTRICTIONS
In addition to all other covenants contained herein, the use of each Unit herein is
restricted as follows:
A. Restricted Use. The property described herein shall be used for commercial/office in
accordance with the City of Kalispell Zoning Regulatiolls.
BuildingSize. Each Unit shall be constructed, erected and maintained in strict
accordance Frith plans and specifications, which must he approved by the ARC prior to
the commencement of any construction unless otherwise agreed to in writing by said
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D .M
C. Ut t es, All utilities to the Property inclucEng but not limited to power, electric, sever,
and telephone shall be underground.
D. Conformance. All sig age, graphics and lighting shall confonn to and be, superseded by
the City of Kalispell Zoning Regulations and the HRP CCRs .(Recordation No.
200612216310).
E. s. Gra hies and l .tig. Signs, graphics and lighting ��Hutton Ranch
Plaza office Condominiums may express the individual Unit owner's identity ty or that o
his/her lessee, but must be In conformity -with the Sign Program as set fob In and
established by the HRP CCRs.
F. Land sca All exterior landscaping shall be the responsibility of the Developer as set
forth in the HRP CCRs (Recordation No. 200612216.3 10).
G. Nuisance. No obnoxious or offensive activity shall be coed on, nor shall anything be
done or permitted which shall constitute a public nuisance.
H. vehicles and Recreational Equipment. No trailer, camper, boat or similar equipment
shall be permitted to remain upon or within the property.
Animals. No animals, livestock,, or poultry of any kind shall be raised, bred, or kept on or
within any Unit, with the exception of service dogs to assist individuals visually o
otherwise impaired. Nomithstanding the foregoing, no areal may be kept on the
Property which results In any annoyance to other Unit Owners or tenants In the vlcirty.
J. Trash. All rubbish, trash and garbage shall be regularly removed from the Unit and taken
to a common trash compactor site designated by the Developer as set forth In the HRP
CCRs (Recordation No. 2006122163 o.
K. Antennas. No alteration to or modification of any radio and television antenna system, as
developed by Declarant, shall be permitted and no Unit Owner may be permitted to,
construct or use and operate his own external radio or television antenna.
Common Mail Receptacles, A common facility may be placed by the Declarant for use
y the United States Postal Service for mail pick up and delivery. The facility so
constructed shall e a limited common element.
M. Parkr No parking shall be allowed in the common area except in parking areas
designated by the Declarant and subject to the terns and conditions set forth in the HRP
MCLARATION of COVEINANTS9 CONDMONS AND RESTRICTIONS,, PAGE 13
.AND RESERVATION of ]EASEMENTS
2006248 1 H010
CCRs (Recordation No. 200612216310).
ARTICLE X1
PARTY WALLS
A. General Rules to Law to Anoly. Each wall which is built as a part of the original
construction of a Unit upon the Property and placed on the dividing line between Units
shall constitute a party wall, and, to the extent not inconsistent with the provisions of this
Article, the general rules of law regarding party walls and liability for propel damage
due to negligence or willful acts or omissions shall apply thereto.
B. Sari. o - Re air and Maintenance. The cost of reasonable repair and maintenance of a
arty wall shall be shared by the owners of Units which are separated by said party wall.
Declarant preserves and each unit owner grants a reciprocal easement for access to the
premises of the other for the purpose of performing repair or maintenance work to the
per' wall and any utility services contained therein.
C. Destruction Fire or other Casual . if a party wall. is destroyed or darnaged by fire or
other casualty, any Unit over who has use of the wall may restore it, and if the other
Urt Owners thereafter make use of the wall, they shall contribute to the cost o
restoration thereof in proportion to such use without prejudice, however, to the right of
any such Unit Owners to call for a larger contribution from the others under any rule o
law regarding liability for negligent or willful acts or omissions.
D. Protection from Weather. Notwithstanding any other provision of this Article, any Unit
Owner who by his negligent or willful act causes the party gall to be exposed to the
elements shall bear the whole cost of famishing the necessary protection against such
elements.
E. Right to Contribution Runs with Land. The right of any Unit owner to comb tlon from
any other Unit 0-wner under this Article shall be appurtenant to the land and shall pass to
such Unit owner's successors In title.
,ARTICLE XI
GENERAL PROVISIONS
A. Subordination to Declaration of Covenants Conditions and Restrictions and Grants of
Easement for Hutton Ranch Plaza Subdivision: eciara .t recorded on May 2, 2006, the
Declaration of Covenants, Conditions and Restrictions and Grants of Easement for the
Hutton Ranch Plaza Subdivision (hereinafter referred to as " RP CC .s"' , in the records
of Flathead County, Montana (Recordation No. Zoo 1 1 10). This Declaration. o
Covenants, Conditions and Restrictions of the Hutton Ranch Plaza Office Condominlnm
DECLARATION of COVENANTS, CONDITIONS AND RESTRICTIONS, PAGE 1
AND RESERVA170N OF EASEMENTS
THE HUTT01V RANCH PLAZA OFMCE CONDOMINIUMS
2006248 14 010
Association, Inc. shall be subordinate to the HRP CCRs as may be modified and amended
from time to time, which are incorporated herein by this reference, and in the event any
inconsistency or ambiguity between. the HRP CCRs and this Declaration arises, the HRP
CCRs shall control and s percede this Declaration.
B. Enforcement. The Association, in the first instance, or any Unit owner, should the
Association Fail to act within a reasonable time, shall have the right to enforce, by any
proceeding at law or in equity, all limitations, restrictions, liens and charges now or
hereafter imposed by the provisions of this Declaration, or any amendment t hereto.
Failure by the Association or by any Unit owner to enforce any limitation, condition,
reservation., Ilea, charge, covenant or restriction herein contained shall, in no event, be
deemed a waiver of the right to do so thereafter. Deeds of co ve ance of said propel,,
op
or any part thereof, and each and all such restrictive covenants, shall be valid and binding
upon each Unit owner. Violations of any one or more of these covenants, conditions,
and restrictions shall not affect the lien of any mortgage or deed of trust now of record or
which hereafter may be placed of record upon said Units or any part thereof.
C. Severab li Invalidation of any one of these covenants, conditions or restrictions, or any
portion thereof, by judgment or court order shall not affect the validity or enforceability
of any other covenant, condition or restriction, or any portioli thereof, the remaimr
provisions of which shall remain in U1 force and effect.
'ect.
D. Tenn. These covenants, conditions and restrictions run with the land and shall be binding
upon all parties and all persons claiming under theme., 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 o years, unless an instrument
signed by the owners of not less than seventy-five per cent % of the Voting Units has
been recorded, ageeing to terminate said protective covenants or change them in whole
or in part. The subordination of this Declaration to the HRP CCRs as set for-th above in
Article XILT) shall continue for the terra and any extension of the term of the HRP
CCRs Recordation. No. Zoo l2 10).
E. Amendment. This Declaration may be amended by are instrument signed by the owners
of not less than seventy-five per cent %) of the Voting Units, which instrument -has
been recorded, agreeing to such amendment. Except, however, Article (F) above, which
may not be altered or amended without Witten consent of Declarant or its assigns.
F. Construction. This Declaration shall be liberally construed to effectuate its poses of
creating a uniform plan and scheme for the development of a commercial office
condominium project and for the maintenance of the common facilities and areas. The
provisions hereof shall be construed in a manner which will effectuate the annexation to
and merger into the project of additional land. The Article and paragraph headings have
DECLARATION OF COVENANTS, CONDMONS AND RESTRIMo s9 PAGE 1
AND READTION OF ]EASEMENTS OF
THE HUTTON RANCH PL4ZA OFFICE CONDOMINIUMS
2006248 E C] U 10
been inserted for eonver e ee only and shall not be considered or referred to in resolving
questions of interpretation or construction.
All terms and words used in this Declaration regardless of the gender used shall
be deemed and construed to include any other gender, masculine, feminine or
neuter, as the context or sense of thiDeclaration or any part hereof may require,
2. Whenever the words and symbol "and/or" are used In this Declaration, it is
intended that this Declaration be interpreted and the sentence phrase or other part
e construed in both it's conjunctive and disjunctive sense, prase or other part,
and as having been written,. twice, once with the word "arid" inserted, and once
with the work "or" inserted in the place of said words and symbol "and or'".
G. Notices. Any Notice permitted or required to be delivered as provided herein may be
delivered either personally or by rail. If delivery is made by mail, It shall be deemed to
have been delivered 24 hours after a copy of sac.me has been deposited in the United States
mail, postage prepaid, addressed to each Unit Owner at the address given by. such Unit
Owner to the Association for the pose of service of such Notice or the address of the
Ur t of such Unit owner if no address has been gives.. Such address may be changed
from time to time by giving notice In writing to the Association.
H. No Partition. There shall be no judicial partllon of the Property or any part hereof, nor
shall Declarant or any Unit Owner or other persons acquiring any interest In the Property,
or any part thereof, seek any such judicial partition, mess and until the happening of the
conditions set forth in Article VII, paragraph C hereof shall occur; provided, however,
that if any Unit shall he owned by two or moreco-tenants as tenants -in -common or a
joint tenants, nothing herein contained shall be deemed to prevent a judicial partition as
between such co -tenants.
ants.
Dated this 2,Z. day o 20.
" EC . R
HUTTO NC PLAZA ASSOCIATES, LLC
BY:
Phil` Harris,
're dent of ' lip Harris & Associates, Inc,,
M�nager o u ton Ranch PlazaAssociates, ITC
PAOof COVENANTS, Mo'NS AxD RESTIUCTIONS, PAGE 16
AND RESERVATION of EASEMENTS of
THE H 7TRANCH PLAZ4 OFFICE CONDOMINIUMS
2006248 1 '4 010
STATE of MONTANA
County of Flathead
On this day of i 2006, before me, a notary public for the State of
Montana, personally appeared, PHI P I ASS, President of Philip His & Associates, Inc.,
Manager of HUTON RANCH PLAZA ASSOCIATES, LLC, known to me to be the person
whose name is subscribed to the within i spent, and acknowledged to me that this document
was executed in his official capacity, and he executed the same.
Notary Public for the State of Montana
Printed Name:
Residing at-
MAL .....
My Commission expires - - 2D io iq
Exhibits
Exhibit A: Site Flan for Condominium Building, depicting General Common Elements
Exhibit : Floor plans of each unit
DECLALRATION OF VEN A. T, CONDMONS AND RESTRICTIONS, PAGE 17
AND RESERVATION OF EASEMENTS
THE HurToiv)ZANCH PL4ZA OFFICE CONDOMINIUMS
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