Ordinance 1226 - Northwest Healthcare PUD9.52076PS 80
ORDINANCE NO a 1226
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT ON CERTAIN REAL
PROPERTY OWNED BY NORTHWEST HEALTH CARE CORPORATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF i{ALISPELL, AS
FOLLOWS
SECTION Ie That the Planned Unit Development proposed by
Northwest Health Care Corporation# upon the
real property described in Exhibit "'A",,
attached hereto, incorporated herein, and
thereby made a part hereof, is hereby
approved, subject to:
A Declarations of Covenants, Conditions,
and Restrictions, Buffalo Commons Common
Area) [Exhibit "B". attached hereto,
incorporated herein, and thereby made a
part hereof);
B ) Declarations of Covenants, Conditions,
and Restrictions, Buffalo Commons
(Retail/Commercial/Office) [Exhibit
attached hereto, incorporated herein, and
thereby nude a part hereof];
y
C ) Declarations of Covenants, Conditions and
Restrictions, Buffalo Commons (Multi -
Family) [Exhibit "D", attached hereto,
incorporated herein, and thereby made a
part hereof];
D ) Declaration of Covenants, Conditions, and
Restrictions. Buffalo Commons (Single
Family) [Exhibit "E". attached hereto,,
incorporated herein, and thereby made a
part hereof];If
E ) Declaration of Covenants. Conditions, and
Restrictions, Buffalo Commons (Medical
Facilities) [Exhibit "F", attached
hereto, incorporated herein, and thereby
made a part hereof);
F) Large Map Exhibits, Northwest Health
Care, Buffalo Commons PUD. [Exhibit `G",
attached hereto, incorporated herein, and
thereby made a part hereof]; and
ORDINANCE No. 1226 1
9,52766080
C) Development Agreement, dated May 17 1
1995, between Northwest Health Care
Corporation and the City of Kalispell,
(Exhibit "H", attached hereto,
incorporated herein and thereby made a
part hereof],
SECTION II. This Ordinance shall take effect from and
after 30 days of its passage by the City
Council.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
KAL I S P ELL , MONTANA , THIS 5 TH DAY OF JUNE , 19950
Dougl s D. Rauthe _ Mayor
ATTEST:
Clerk of C cil
ORDINANCE NO. 1226 2
9527 9&6
EXHIBIT "A"
Those portions of Government Lots 5, 6, 8, and 13, Section 6,
Township 28 North, Range 21 west; and the Southeast Quarter of the
Northeast Quarter, Section 1, Township 28 North, Range 22 west,
Principal Meridian, Flathead County, Montana as described in
Certificate of Survey No, as parcels one (1) through Five
(5), on file and of record in the office of the Clerk and Recorder,
Flathead County, Montana.
ORDINANCE NO, 1226
EXHIBIT "A"
95276wall
( EXHIBIT NB")
DECLARATION OF
COVENANTS -......CONDITIONS AND RESTRICTIONS
BUFFALO COMMONS
(Common Areas)
THIS DECLARATION, made this 2 4 t h day of August , 1995,
by Northwest Healthcare Corporation, hereinafter referred to as "DECLARANT'
r
WITNESSETH;
That WHEREAS, Northwest Healthcare Corporation is the owner of real
property known as "Buffalo Commons" situated in Flathead county, Montana,
described herein on Exhibit "A", a copy of which is attached hereto and by this
reference made a part hereof.
That WHEREAS, Declarant is desirous of subjecting all of said property
hereinabove described on Exhibit A to the Conditions, Covenants and
Restrictions hereinafter set forth each and which
all f a a h ch is and are for the
benefit of said property and for each owner thereof and shall inure to the
y � 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
r�
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.
ARTICLE I. DEFINITIONS
Section 1: "Declarant" herein mentioned is Northwest Healthcare
Corporation.
Section 2: "Association" shall mean The Buffalo Commons Property
Owners Association.
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951W616e630
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.
Section b: "Lot" shall mean any plot of land shown upon any recorded
subdivision plat or map of the property.
section C: "Vote" or "voter", shall mean one vote per lot.
ARTICLE II. PROPERTY OWNERS ASSOCIATION
Section 1. Non- rofit Corporation: The owners of the property set
forth in Exhibit "A" shall form a Montana Non-profit corporation and adopt
necessary By -Laws known as "The Buffalo commons Property 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
95276)5bgD 40
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. Purpose: The purpose of the Buffalo commons Property
Owners Association is to adopt rules and regulations for the use and
maintenance of the common areas within the property described on Exhibit "A".
Common areas include parking lots, parks and other miscellaneous common
areas, playground equipment, trail system, highway boulevard and signage and
further to be responsible for the appointment of the members of various
Architectural Review committees.
ARTICLE III. ASSESSMENTS/COLLECTION
Section 1. Aase5_$rnen.tJ.Creation of Lien: Each owner (other than
Declarant) by accepting deed to or land contract for a residential lot within this
subdivision, 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 AssggismentlDate of Cammengement of
Assessment: Pending sale of each lot, 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.
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952'�615� 8b
Section 4. ose: 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
as well as the subdivision as a whole and to promote the recreation, health,
safety, comfort, convenience, and welfare of Buffalo commons.
Section 5. Re ul r^Asse-ss-ments: 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 road and other
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 .
Section 6. uniform Rate: common area assessments as well as
regular and special assessments, shall be fixed at a uniform rate for all
residential lots involved. Ass assessments shall be divided by the number of
member lots in the Association. Each lot shall bear its prorata share.
Section 7. Ass ssm nt ri d Due Date: Assessments as provided
herein shall commence as against all lots on the day of ,
19 . Thereafter, the Board of Directors shall fix the amount of the regular
annual assessment against each lot by of each year. Commencing with
January 1, 199, 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. 5ecial 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
4
95276ab8b
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. NonpaymentJ.R.9m—Qdles; 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 Bank, , 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 attorneys 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 orAssessment„ 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 waiver 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.
5
952764:5'680
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 S,ysIgm: 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.
Palo criteria:
1. The width for the multi -purpose path is four (4) to eight (8) feet.
2. The path pavement can be constructed of asphalt or Portland
0
9,527(;J*90
cement concrete which has been machine laid to insure a smooth surface.
3. A minimum cress slope of two (2) percent is required for proper
drainage.
Section b. Bike Sysj m: The following information was taken from
the Guide for the Development of Bicycle Facilities published by the American
Association of State Highway and Transportation officials.
Bike lane c rite r a
1. The minimum width for a bike lane is four (4) feet.
2. The lane and intersection markings along with the type of traffic
control to be used and location are to be determined by the Kalispell City Public
Wot.-ks Department.
3. The annual restriping requirements for the bike lanes will be
accomplished by the City of Kalispell.
Section B. Highway Boulevard:
Species.
Ponderosa Pine
Patmore Ash
Bailey Compact American Cranberry Bush
Kathryn Dykes Potentilla
Section 7. Signs.Ih
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
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9520 15U 8D
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,
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.
ARTICLE VI. 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 in Exhibit "A", 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 unit ownership declaration shall be entitled to one vote
under this Article.
ARTICLE Vll. AMENDMENT
This Declaration may be amended by an instrument signed by the owners
of Seventy-five Percent (75%) of the land described in Exhibit "A", which
ssz7sisa8a
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
By: �
President
STATE OF MONTANA
• SS.
County of Flathead }
On this 24th day of August , 1995, before me, the
undersigned, a Notary Public for the State of Montana, personally appeared
Paul Tutvedt , 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 Stat6Iof Montana
Residing at Kalispell , Montana
My commission expires October 13 1997
91
9,527GI,50'00
EXHIBIT "A"
Those portions of Government Lots 5, 6, 8, and 13. Section 6,
Township 28 North, Range 21 West; and the Southeast Quarter of the
Northeast Quarter, Section 1, Township 28 North, Range 22 West,
Principal Meridian, Flathead County, Montana as described in
Certificate of Survey No. 1 as parcels One through Fivef on
file and of record in the office of the Clerk and Recorder.
Flathead County, Montana.
CCNRr BUFFALO COMMONS
COMMON AREA
95276150A
EXHIBIT "A"
That portion of Government Lots 5 and 6 in Section 6, Township
28 North, Range 21 nest and the Southeast Quarter of the Northeast
Quarter of Section 1, Township 28 North, Range 22 west, Principal
Meridian, Flathead County, Montana, described as follows:
Parcel Three (3) of Certificate of Survey No. ..... 2 4 0 9
on file and of record in the office of the Clerk and
Recorder of Flathead County, Montana.
CCNR, BUFFALO COMMONS
RETAIL/COMMERCIAL/OFFICE
9527607086
(EXHIBIT "C" )
DECLARATION OF
COVENANTS CONDITIONS AND RESTRICTIONS
BUFFALO COMMONS
(Retail/Commercial/Office)
THIS DECLARATION, made this 24t h day of August , 1995,
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 herein on Exhibit "A",
(Note: herein just the legal description of the Retail/Commercialloffice of
Buffalo Commons) a copy of which is attached hereto and by this reference
made a part hereof. This property is that portion of the Buffalo Commons
designated Retail/Cornmercialloffice.
That WHEREAS, Declarant is desirous of subjecting all of said property
hereinabove described on Exhibit "A" to the Conditions, Covenants and
Restrictions hereinafter set forth, each and all of which is and are for the
benefit of said n for
property a d o 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.
ARTICLE I. DEFINITIONS
Section 1: "Declarant" herein mentioned is Northwest Healthcare
Corporation,
1
9506,6'6 80
Section 2: "Association" shah mean The Buffalo Commons 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: "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, roadways, easements, and recreational
facilities.
Section 5: "Lot" shall mean any plot of land shogun upon any recorded
subdivision plat or map of the property.
Section B: "Vote" or "voter", shall mean one vote per lot.
ARTICLE 11. ARCHITECTURAL REVIEW COMMITTEE
Section 1. Members/T"erms: The Architectural Review RCommittee
�. e e shall
consist of three individuals appointed by the Board of Directors of the Buffalo
Commons Property owners Association from owners within the property
described in Exhibit "A" 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
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
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95276/SD
construction of any building, read or driveway, parking lot, fence, wall or ether
structure whatsoever, or remodeling, reconstruction or altering such read,
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 enact 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. ADDroval by Architg.ctural Review Commi ee: 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, prier to the beginning of such construction. No changes or
deviations in or from such plans and specifications as approved, shall be made
K
952 7 G /, 5 " ' 6 8 6
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.
The Architectural Review Committee may consult any other Architectural
Review Committee of and appointed by the Buffalo Commons Property owners
Association for the purpose of determining whether a particular request has any
impact on property and structures within the Buffalo Commons development
other than the property, the subject of these covenants.
The Architectural Review Committee shall consider the guidelines set
forth in Articles III, IV,V and VI in its review of plans and specifications:
ARTICLE III. RESTRICTIONS AS TO LAND USE
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9.5276k5'6 VT
Section 1. R faHICQmmercial/Off ice: The following are permitted
uses for the land set forth in Exhibit "A" attached hereto:
Art Sales
Beauty/Barber Shop
Bicycle sales
Book store
Camera sales
Car Wash
Catering business
Deli
Donut shop
Drug store
Prosthesis
Health food retail
Pharmacy
Other retail < 3..000 sq ft
Insurance sales
Clinics, medical or dental
Community center
Florist
Gift shop
Ice cream parlor
Music stare
Prepared food delivery
Photographic studio
Pizza shop
Post office
Travel agency
Hearing aid sales
Convenience store/gas
Restaurant
Video rentals
Office, professional/govern.
Schools
Physician Offices
Li b ra ri e s Im u se u n s la its
Parks
Fire/Police Station
ARTICLE IV. RESTRICTIONS AS TO LANDSCAPING
Section 1. Lan. scp16
ina: Landscape treatment required for all lots
shall consist of a combination of turf, shrubs, and trees.
Section 2. P rkin Ar as:
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
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
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95276),5'630
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.
Cathryn Dykes Potentilla
Broadmoor Juniper
Emerald Mound Honeysuckle
ARTICLE V. RESTRICTIONS ON MATERIALS
Section 1. Exterior. All structures to be constructed on the land
described in Exhibit "A" shall be limited to the following exterior materials:
A. Walls:
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)
B. Fascias:
Anodized aluminum panels
Prefinished Architectural Metal Panels
Synthetic Stucco
Prefinished Cedar
C. Soffits:
Anodized aluminum panels
Prefinished Architectural Metal Panels
synthetic Stucco
Prefinished Cedar
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9,527G)S6'?O
Prefinished pressboard
D. Vis ll Ac a si I Ro f
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)
E. Windows and Doors;
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)
F.Colors:
Applied Finishes - predominantly earth tones
Natural coloration of masonry, stone
Accent Colors
clear Sealers
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:
952076 IS630
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 wails and/or roofs of buildinias 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.
ARTICLE VI. MISCELLANEOUS RESTRICTIONS
Section 1. L ize: 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, paving 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
952761$08d
be 20 feet on any side corner. Front yard setbacks shall be 20 feet.
Section 4. ill i s: 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 G. Temoorary 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,
reasonable airtight containers. Such containers must be kept in a garage or
r
other enclosed area.
Section 8. Si ns: 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
located in the area described in Exhibit "A".
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
9
!)!;,27(; ),�b8 0
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.
ARTICLE Vlll. TERN!!
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 in Exhibit "A", 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.
ARTICLE VI ll . AMENDMENT
This Declaration may be amended by an instrument signed by the owners
of seventy-five Percent (75%) of the land described in Exhibit "A", 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.
10
95276 ],!576 a 0
NORTHWEST HEALTHCARE CORPORATION
By:
President
STATE OF MONTANA
SS.
County of Flathead ►
On this 24th day of August 1995, before me, the
undersigned, a Notary Public for the State of Montana, personally appeared
Paul Tutvedt , 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.
V �•�l/lf4r
WA�
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r. r
: Co
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or
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.•a ryt
a a•'�rrf�•/�/ar.�rr
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I
Notary P blic for the Sta6 of Montana
Residing at Kalispell Montana
My commission expires October 13, 1997
11
952'76/SD$D
(EXHIBIT "D")
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
BUFFALO COMMONS
(Multi -Family)
THIS DECLARATION, made this 2 4 t h day of
1995, by Northwest Healthcare corporation,
"DECLARANT',
WITNESSETH;
August
hereinafter referred to as
That WHEREAS, Northwest Healthcare corporation is the owner of real
property situated in Flathead County, Montana, described herein on Exhibit "A",
QJ (Note: herein just the legal description of the Multi -Family of Buffalo Commons)
o f which
a copy o is attached hereto and by this reference made a part hereof.
>o
This property is that portion of the Buffalo commons designated Multi -Family.
That WHEREAS, Declarant is desirous of subjecting all of said property
hereinabove described on Exhibit "A" 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.
ARTICLE I. DEFINITIONS
Section 1 : "Declarant" herein mentioned is Northwest Healthcare
1
952761'-S6901"-
Corporation.
section 2: "Association" shall mean The Buffalo Commons 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: "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, roadways, easements, and recreational
facilities,
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.
ARTICLE 11. ARCHITECTURAL REVIEW COMMITTEE
Section 1. Memb, r5/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 in Exhibit "A" 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 Property Owners Association.
Section 2. Function otthg Architec ur lReview.,.,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
K
95276/6-60
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 b Archi ectural 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
3
95276)5696
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.
The Architectural Review Committee may consult any other Architectural
Review Committee of and appointed by the Buffalo Commons Property Owners
impact on property and structures within the Buffalo Commons development
other than the property, the subject of these covenants.
The Architectural Review Committee shall consider the guidelines set
forth in Articies III, IV, V and VI in its review of plans and specifications:
ARTICLE M. RESTRICTIONS AS TO LAND USE
Section 1. Multi -Family: The following are permitted uses for the
land set forth in Exhibit "A" attached hereto:
Boarding house
n
NW,
Day care
9527GJ5696*
Duplex
Boarding house
Community center
Foster/group homes
Specialty care housing
Single family dwelling
Multi -family (tri-plex, four plex)
Community residential facility
Retirement center
Church
ARTICLE IV. RESTRICTIONS AS TO LANDSCAPING
Section 1. Landscaoina: Landscape treatment required for all lets
shall consist of a combination of turf, shrubs, and trees.
ARTICLE V. MISCELLANEOUS RESTRICTIONS
Section 1. Lo Siz : 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
the minimum 2,500 square foot requirement per unit and the setbacks
applicable to the "parent" lot. Minimum lot widths are So 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 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. tinuity 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 S. Temporary. Structures: No trailer, basement, tent, shack
garage, barn or other outbuilding erected or placed on any lot shall at any time
5
9,5276)5600
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. 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 S. 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 a,nd_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. Si ns: 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. Parkin : 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. Burn Open Open fires are not permitted on the property
except for the normal burning of seasonable yard and garden cleanup with
proper permit, if required from local authorities. outdoor barbecues are not an
open f ire within the meaning hereof.
a
9,5276/sojv.
ARTICLE VI. ENFORCEMENT
Section 1. Iniprested 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. ever bill : 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 there, 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 00) years unless an instrument executed by the owners of
seventy-five percent (75%) of the land described in Exhibit "A", 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.
ARTICLE IX. AMENDMENT
This Declaration may be amended by an instrument signed by the owners
of seventy-five Percent (75%) of the land described in Exhibit "A", 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.
7
95276/50%
IN WITNESS WHEREOF, the Declarant has executed this instrument the
day and year first above written.
NORTHWEST HEALTHCARE CORPORATION
B '
v�
President
STATE OF MONTANA i
SS.
County of Flathead ►
on this 24tn day of August , 1995, before me, the
undersigned, a Notary Public for the State of Montana, personally appeared
Paul Tutvedt , 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.
`• r 1" r 1 - rr
v
ti
UL
' Notary Pi9blic for the St to of Montana
1) aq} = Residing at Kalispell , Montana
`'- My commission expires October 13 , 1997
•.A rr o t
f
no
95276IS6891
EXHIBIT "A"
That portion of Government Lot 5 of Section 6, Township 28
North, Range 21 west, and the Southeast Quarter of the Northeast
Quarter of Section 1, Township 28 North, Range 22 West, Principal
Meridian, Flathead County, Montana, described as follows:
Parcel Two (2) of Certificate of Survey No. , an
file and of record in the office of the Clerk and
Recorder of Flathead County, Montana,
0
CCNR, BUFFALO COMMONS
MULTI -FAMILY
(EXHIBIT •E•) 9 76/-5080
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
BUFFALO COMMONS
(Single Family)
THIS DECLARATION, made this 2 4 t h day of August , 1995, 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 herein on Exhibit "A",
(Note: herein just the legal description of the single Family of Buffalo
Commons) a copy of which is attached hereto and by this reference made a
part hereof. This property is that portion of the Buffalo Commons designated
Single Family.
That WHEREAS, Declarant is desirous of subjecting all of said property
hereinabove described on Exhibit "A" 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.
ARTICLE I. DEFINITIONS
Section 1: "Declarant" herein mentioned is Northwest Healthcare
Corporation.
1
9S27GJ5b30
Section 2: "Association" shall mean The Buffalo Commons 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: "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, roadways, easements, and recreational
facilities.
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.
ARTICLE II. ARCHITECTURAL REVIEW COMMITTEE
Section 1. N gmberslTerms: 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 in Exhibit "A" 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 he Archileptural Comm itt All 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, wail or other structure
whatsoever, or remodeling, reconstruction or altering such road, driveway or
2
95276/-f6rO
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 fife 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 C mmittee: Approval by
the Architectural Review committee of all exterior plans and specifications
roust 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.
3
9527(;JS&%0
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.
The Architectural Review Committee may consult any other Architectural
Review committee of and appointed by the Buffalo Commons Property Owners
Association for the purpose of determining whether a particular request has any
impact on property and structures within the Buffalo Commons development
other than the property, the subject of these covenants.
The Architectural Review Committee shall consider the guidelines set
forth in Articles III, IV, V and VI in its review of plans and specifications:
ARTICLE III. RESTRICTIONS AS TO LAND USE
Section 1. Single Fames: The following are permitted uses for the
land set forth in Exhibit "A" attached hereto:
Single Family dwellings
Parks
95276IS' o
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.
ARTICLE V. MISCELLANEOUS RESTRICTIONS
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. Maximum building height will be 30 feet.
Section 3. backs: 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. Utili ies: All utilities including but not limited to power,
electric, and telephone shall be underground.
Section a. ontinuity 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 shal'i
be erected at any time without the written approval of the Architectural control
Committee.
Section 7. Animals: No animals of any Find, 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. Garb a e: 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
y
95Z76/SU$0
other enclosed area.
Section 9. n-dscaping and F n 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. Si ns: 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. Parkin 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. Burn in Open fires are not permitted on the property
except for the normal burning of seasonable yard and garden cleanup with
proper permit, if required from local authorities. Outdoor barbecues are not an
open fire within the meaning hereof.
ARTICLE VI. ENFORCEMENT
Section 1. In erectedPAqi.es: An
y 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.
no
952761 0
Section 2. S.!Q.verabi lily: 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 land described in Exhibit "A", 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.
ARTICLE VIII. AMENDMENT
This Declaration may be amended by an instrument signed by the owners
of Seventy-five Percent (75%) of the land described in Exhibit "A", 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
By:
President
STATE OF MONTANA
ss.
County of Flathead
On this 24th day of August , 1995, before me, the
7
9527 6'1.508 O
undersigned, a Notary Public for the State of Montana, personally appeared
Paul Tutvedt , 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.
r
Notary Nblic for the St of Montana
Residing at Kalispell , Montana
My commission expires October 1 3 , 1997
1001
EXHIBIT "A"
That portion of Government Lots 5. 61 8 ■ and 13 of Section 6,
Township 28 North,, Range 21 west. Principal Meridian,, Flathead
County, Montana, described as follows
Parcel one (1) of Certificate of Survey No. on
file and of record in the office of the Clerk and
Recorder of Flathead County, Montana-,
CCNR. BUFFLAO COMMONS
SINGLE FAMILY
907GAJrD910
(EXHIBIT 'F")
DECLARATION QF
COVENANTS. CONDITIONS AND RESTRICTIONS
BUFFALO COMMONS
(Medical Facilities)
THIS DECLARATION, made this 2 4t h day of August , 1995, 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 herein on Exhibit "A",
` (Note: herein just the legal description of the Medical/Professional of Buffalo
Commons a co of which is attached her n � copy hereto and by this reference made a
art hereof. This r i h portion
� p property s that port o of the Buffalo Commons designated
Medical/Professional .
That WHEREAS, Declarant is desirous of subjecting all of said property
hereinabove described on Exhibit "A" 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;
11111
�- 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.
ARTICLE 1. DEFINITIONS
Section 1: "Declarant" herein mentioned is Northwest Healthcare
Corporation.
1
95276/5690
Section 2: "Association" shall mean The Buffalo Commons 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: "Common Area" shall rnean all real property owned or
maintained by the Association for the common use and enjoyment of others,
including but not limited to parks, trails, roadways, easements, and recreational
facilities.
Section b: "Lot" shall mean any plot of land shown upon any recorded
subdivision plat or map of the property.
Section C: "Vote" or "voter", shall mean one Vote per lot.
ARTICLE II. ARCHITECTURAL REVIEW COMMITTEE
Section 1. gm ,rajprms: 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 in Exhibit "A" and shall be known as the Buffalo Commons Medical
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. Fun ion of th Architectural Review ommit ee: 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
2
952761SO80
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 fining the enact 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 b Ar hitec Ural 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
3
95276/S__68D
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 lard and to require that all man-made structures blend into the
natural background rather than stand out against it.
The Architectural Review Committee may consult any other Architectural
Review Committee of and appointed by the Buffalo Commons Property Owners
Association for the purpose of determining whether a particular request has any
impact on property and structures within the Buffalo Commons development
other than the property, the subject of these covenants.
The Architectural Review Committee shall consider the guidelines set
forth in Articles III, IV, V and VI in its review of plans and specifications:
ARTICLE III. RESTRICTIONS AS TO LAND USE
4
95276/6--08C)
Section 1. MedicallProfe sional: The following are permitted uses for
the land set forth in Exhibit "A" attached hereto:
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
95276/S-090
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
Education Facilities
Conference Center
Health Information Center
Library
Support Groups Meeting Facilities
School Outreach Programs
Outpatient Support Facilities
Waiting areas
Dining
Entertainment
Overnight accommodations
Telecommunications Center
Out reach Programs
Research Facilities
Laboratory
Prosthesis assembly/manufacture
Long Term Care Facilities
�91
9.52 7 G�.sp$°
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
Singie 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
Specialized centers
Mental Health
Women's
Diet centers
Youth Residential care
Government Facilities: Related to Health
Indian Health Services
Veteran's
7
9527G/500
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 Horne
Church
Parr
Community center
ARTICLE IV. RESTRICTIONS AS TO LANDSCAPING
Section 1. L n in : Landscape treatment required for all lots
shall consist of a combination of turf, shrubs, and trees.
Section 2. Parking -Areas:
an a.gaping: 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
95276451-010
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
farm of a hedge, planter box, berm, shrubbery, or a combination of the above.
Species.
Kathryn Dykes Potentilla
Broadmoor Juniper
Emerald Mound Honeysuckle
ARTICLE V. RESTRICTIONS ON MATERIALS
Section 1. Exterior. All structures to be constructed on the land
described in Exhibit "A" shall be limited to the following exterior materials:
A. Malls:
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)
B.' Fascias:
Anodized aluminum panels
Prefinished Architectural Metal Panels
Synthetic stucco
Prefinished Cedar
C. Soffits:
9
9527(05Z90
Anodized aluminum panels
Prefinished Architectural Metal Panels
Synthetic Stucco
Prefinished Cedar
Prefinished pressboard
D. Visually Arressible Ro f
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)
E. Windows and Doors:
Frames and Materials
Commercial grade thermally -broken anodized aluminum frames
Enamel finished pressed metal frames (on nonpublic entrances)
Glazing
Double or triple glass panels
Law-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)
F. 1 r :
Applied Finishes - predominantly earth tones
Natural coloration of masonry, stone
Accent Colors
Clear Sealers
Semi -transparent stains
ARTICLE VI. MISCELLANEOUS RESTRICTIONS
Section 1. Lot Size: Minimum lot sizes shall be 7,000 square feet with
10
9.520761SOED
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 of 5 feet may be permitted when the rear of the property abuts a
landscaped common area. 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. LJ ilitie : 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 C. Tem or r Str c ures: 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. arba : 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 it a garage or
other enclosed area.
Section B. Si ns: 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
11
9.57-76isawo
located in the area described in Exhibit "A".
Section 9. Parking: All let 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 farce 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 in Exhibit "A", 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.
12
95276'%SO S U
ARTICLE IX. AMENDMENT
This Declaration may be amended by an instrument signed by the owners
of Seventy-five Percent (75 %) of the land described in Exhibit "A", 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 HEALTHC E CO ATION
B /-
Y
President
STATE OF MONTANA j
SS.
County of Flathead 1
On this 24tn day of August , 1995, before me, the
undersigned, a Notary Public for the State of Montana, personally appeared
Paul Tutvedt , 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.
I
Notary P lic for the Sta of Montana
Residing at Kalispell , Montana
My commission expires October 13, 1997
13
95276/370&0
EXHIBIT "A"
That portion of Government Lots 5, 6, S and 13 of Section 6,
Township 28 North., Range 21 West, Principal Meridian, Flathead
County, Montana, described as follows:
Parcel Five (5) of Certificate of Survey No. 124.0.9.
on file and of record in the office of the Clerk and
Recorder of Flathead County, Montana.
That portion of Government Lots 5, and 6 of Section 6,
Township 28 North, Range 21 West, Principal Meridian,, Flathead
County, Montana, described as follows;
Parcel Four (4) of Certificate of Survey No. 12409 , on
file and of record in the office of the the Clerk and
Recorder of Flathead County, Montana,
CCNR, BUFFALO COMMONS
MEDICAL FACILITIES
95276(S�g (EXHIBIT •c•)
NORTHWEST HEALTHCARE
BUFFALO COMMONS PUD
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HEALTHCARE
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