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Ordinance 1281 (including Exhibits) - Buffalo Commons PUD Amendmentsk 11998055 ORDINANCE NO* AN ORDINANCE AMENDING ORDINANCE No. 1226 (PLANTNED UNIT DEVELOPMENT, BUFFALO COMMONS) BY ALLOWING THE VACATION OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, BUFFALO COMMONS, (COMMON AREA, RETAIL/COMMERCIAL/OFFICE, MULTI -FAMILY, SINGLE FAMILY AND MEDICAL FACILITIES) BY VACATING THOSE COVENANTS, CONDITIONS, AND RESTRICTIONS, BUFFALO COMMONS DESIGNATED IN ORDINANCE NO. 1226, SECTION I, (A) , (B) , (C) , (D) AND (E) AND REPLACING SAID VACATED SECTIONS WITH COVENANTS, CONDITIONS ,AND RESTRICTIONS, BUFFALO COMMONS AS SET FORTH HEREIN, AND DECLARING AN EFFECTIVE DATE. BY THE CITY COUNCIL OF THE CITY OF KALISPELL � BE IT ORDAINED BY AS FOLLOWS: SECTION I* That the Declarations of Covenants, Conditions, and Restrictions, Buffalo Commons, (A) , (B) , (C) , (D) and (E) , Section I, ordinance No. 1226, ( Records of Flathead County, Doc. No. 9527615080) are hereby vacated subject to the execution of revised Covenants, Conditions and Restrictions, p, Buffalo Commons, by Northwest Healthcare and the successors in interest, SECTION =_. That the Planned Unit Development, Buffalo Commons is hereby amended by including therein the following Declarations of Covenants, Conditions and Restrictions, Buffalo Commons: A) Declarations of Covenants, Conditions and Restrictions, Buffalo Commons (Common Area) [Exhibit "A", attached hereto, incorporated herein, and thereby made a part hereof]; B) Declarations of Covenants, Conditions and Restrictions, Buffalo Commons (Retail/Commercial/ Office) [Exhibit "B", attached hereto, incorporated herein, and thereby made a part hereof]; C) Declarations of Covenants, Conditions and Restrictions, Buffalo Commons (Multi -Family) [Exhibit "C", attached hereto, incorporated herein, and thereby made a part here of]; j : wp/ord/buf f commpud 1 19 /1011a'O D) Declarations of Covenants, Conditions and Restrictions, Buffalo Commons (Single Family) [Exhibit "D", attached hereto, incorporated herein, and thereby made a part hereof); F E) Declarations of Covenants, Conditions and Restrictions, Buffalo Commons (Medical./Professional Facilities) [Exhibit UEN , attached hereto, incorporated herein, and thereby made a part hereof]; SECTION 11T. All other parts and portions of Ordinance No. 1226, not amended hereby, shall remain the same. ARrTION IV. This Ordinance shall take effect from and after 34 days of its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA , THIS 2ND DAY OF FEBRTTA RY , 1998. WM's,,50hars 'I . Wm. E . Boharski -- Mayor ATTEST: Debbie Gif a C/AAE Clerk of Council $'VISIT "A^ 3998055 ICMA*l ;t 3 0 1 Mel ■ _.._ 1 ...1_ ■ 1_ ■ .1..l V-43.' ■ .1. BUEEALO ■ L►l. 11 ■ N Area)(Common THIS DECLARATION, made this day of 1991, by ..�. Northwest Healthcare corporation, hereinafter referred to as " ECLARANT', WITNESSETH; That WHEREAS, Northwest Healthcare corporation is the owner of real property Known as "Buffalo Commons" situated in Flathead county, Montana, described as follows: All that land as shown on and described as Parcels 1, 2, 3, and 4 of Certificate of Survey No. 12409 and as amended by Parcel 1 of certificate of Survey No. 13186, Records of Flathead county, Montana. That WHEREAS, Declarant is desirous of subjecting all of said property hereinabove described as all that land as shown on and described as Parcels 1, 2, 3 and 4 of certificate of Survey No, 12409, and as amended by Parcel 1 of Certificate of Survey No. 13186, Records of Flathead county, Montana, to the Conditions, covenants and Restrictions hereinafter set forth, each and all of which is and are for the benefit of said property and for each owner thereof and shall inure to the benefit and pass with said property, and each and every parcel thereof, and shall apply to and bind the successors in interest, and any owner thereof; NOW, THEREFORE, the Declarant, being the owner of all of the real property above -described, hereby declares that the said real property is, and shall be, held, transferred, sold and conveyed, subject to the conditions, restrictions, covenants and reservations hereinafter set forth; and i qvmps O's 5 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. MARINE* - �►.. Section 1 : "Declarant" herein mentioned is Northwest Healthcare Corporation. Section 2: "Association" shall mean The Buffalo commons common Area owners Association. Section 3: "owner" shall mean and refer to the person or persons owning a parcel of land in fee simple, absolute, individually or as an owner in any real estate tenancy relationship recognized under the laws of the state of Montana, including a unit ownership pursuant to a recorded unit ownership declaration. Section 4: "common Area" shall mean all real property owned or maintained by the Association for the common use and enjoyment of others, including but not limited to parks, trails, easements, and recreational facilities as more particularly shown on the plat of The Buffalo commons Planned Unit Development as approved by the city of Kalispell, together with any modifications thereto as reflected on the individual Phases I through IV as subsequently approved by the city of Kalispell and recorded among the land records, Flathead county, Montana. Section 5: "Lot" shall mean any parcel, unit, or other ownership interest in real estate. Section 6: "Vote" or "voter", shall mean one vote per lot, provided that the Declarant herein shall be entitled to a vote for each lot it owns inclusive of a lot shown on a preliminary subdivision plat which ha8 not received final subdivision plat approval. 2 a- lox_: :i• � • Section 1,Nan-Drofit-Corvo:The owners of the property described as all that land shown on and described as Parcels 1, 2, 3 and 4 of certificate of survey No. 12409, and as amended by Parcel 1 of certificate of survey No. 13186, Records of Flathead county, Montana, shall form a Montana Non-profit Corporation and adopt necessary By -Laws known as "The Buffalo commons Common Area owners Association, Inc." hereinafter referred to as Association. The Association to be formed by Declarant shall have as members all owners as defined herein. Membership in the association shall be appurtenant to and. shall not be separated from the ownership interest. Members shall participate in the manner prescribed by the Articles and By -Laws of the Association, and resolutions of the Association's Board,of Directors. The Association's purpose is to provide services and facilities to the owners as it may determine. Every owner who is a member of the Association shall have a right and easement of enjoyment in and to the common area which right shall be appurtenant to and shall pass along with the owner's title subject to the following provisions: a. The right of the Association to charge reasonable admission and other fees for the use, care, maintenance and improvement of the common area. b . The right of the Association to suspend the use or enjoyment of the common area or facilities and services provided directly or indirectly by it for any period during which ariy fee or assessment against an owner's interest remains unpaid, or for the continued violation of the Articles and By -Laws of the Association or the resolutions of the Association's Board of Directors. C. Any Association member may delegate the right of enjoyment of the common area to members of the member's family, tenants, contract purchasers or guests. Section 2.Furp_Qse;The purpose of the Buffalo commons common Area owners Association is to adopt rules and regulations for the use and maintenance of the common areas as defined herein and located within the property described as all that land as shown on and described as Parcels 1, 21 3 �ss� sraz� 3 and 4 of Certificate of Survey No. 12409, and as amended by Parcel 1 of Certificate of Survey No. 13186, Records of Flathead county, Montana. Common areas include parking lots, parks and other miscellaneous common areas, playground equipment, trail system, highway boulevard and signage. ARTICLE III ASSESSMENTS/COLLECTION Section 1. m n i i : Each owner (other than Declarant) by accepting deed to or land contract for a lot as defined herein within the real property described as all that land shown on and described as Parcels 1, 2, 3 and 4 of certificate of Survey No. 12409, and as amended by Parcel 1 of certificate of Survey No. 13186, Records of Flathead County, Montana, whether or not specifically so expressed in said conveying instrument, shall be deemed to covenant, agree, and shall be bound to pay assessments established pursuant to the provisions of these covenants, which will include regular annual assessments and special assessments for general Association operating funds, capital improvement or water use. Assessments, whether special or regular, may be collected on a monthly, quarterly or yearly basis, together with interest, costs and reasonable attorney's fees incurred in the enforcement of the provisions of this article. Section 2. D fCommancer-n-antf Assessment: Pending sale of the lots, Declarant shall be responsible for all assessments on said unsold lots as same become due. At sale, assessments shall be pro -rated as of date of sale. Declarant remaining responsible for assessments to. date of sale and the lot purchaser being responsible thereafter. All such allocations shall be based on a 365 day year. Section 3. Lien: Assessments as provided herein shall be a charge on each owner's lot and shall be a continuing lien against said lot and said assessment, together with any interest, costs, and reasonable attorney fees incurred in collection same shall also � be a personal obligation of the owner of the lot at the time when said assessment became due. Section 4. Purpose: Assessments for the purpose of common area maintenance shall be specifically allocated for that purpose. General assessments assessed against owners of the lots shall be for the general purpose of maintaining Association property. Assessments shall be used to administer the covenants to maintain and improve quality of the common area 0 '1s98oss /;LV13'0 as well as the Planned Unit Development as a whole and to promote the recreation, health, safety, comfort, convenience, and welfare of Buffalo Commons Planned Unit Development. Section 5. Regular : The Board of Directors shall levy assessments authorized by a majority of the Association to cover the annual Association operating budget. The Board of Directors shall further establish an assessment as and for a fund for the maintenance of the common area. said assessments shall be billed and collected over the same term and at the same time. The first year for which annual assessments shall be established and collected shall be the calendar year 1998. Section 6. Unifa . Rate: Common area assessments as well as regular and special assessments, shall be fixed at a uniform rate provided that the assessments shall be divided among all the individual lots based on a pro rata share for each lot as to the entire real estate subject to the assessment under these covenants. Property owner Association assessments for the maintenance, improvements, takes, and/or general operation of the common areas within Buffalo Commons (Phases I - IV) shall be proportionately distributed to each platted lot based on ratios that reflect the proportionate size of each phase or lot to the total lot area within Phases I - IV. In genera! terms, the percent of annual assessment by phase is as follows: Phase 1 2'5% of the total annual fees; Phase 11 16% of the total annual fees; Phase 111 34 % of the total annual fees; and, Phase IV 25% of the total annual fees. For convenience purposes, the total annual fees for Phases I & 11 may be assessed on a per lot or unit basis such that the total obligation for each phase is divided by the total number of lots or sublots within each phase. For example, the total annual assessment obligation for Phase I would be divided by 31 (lots) to determine a per lot assessment. The total assessment for Phase 11 would be divided by 35 (sublots) to determine a per unit assessment. The annual assessments for Phases III & IV shall be determined solely on a square footage basis where the proportion of the assessment obligation is determined 5 1. 99 80 5 5 is>4�0 by dividing the total area of a particular lot by the total lot area of all phases k (1,410,303.44 sq ft) and multiplying that quotient by the total annual assessment. For purposes of this section, the total assessment area for each Phase of development is as follows: Phase 1 357,148.44 sq ft Phase 11 230,545.00 sq ft Phase 111 471, 947.00 sq ft Tota I 1, 410, 303.44 sq ft Section 7.As.sessment-pedod./DweAssessments as provided herein shall commence as against all lots on the 1 st day of .January, 1998. Thereafter, the Board of Directors shall fix the amount of the regular annual assessment against each lot annually. commencing with January 1, 1998, an assessment period shall consist of a calendar year. Written notice of the applicable annual assessment shall be sent to every owner subject thereto. 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. Spedal Aa essmants: special Assessments to include common area maintenance fund as herein provided, may be set at the regular annual meeting or upon any special meeting called for said purpose. In the event of special meeting, written notice to each of the members of the Association must be given no less than 30 or more than 50 days prior to said meeting. Presence of 50% or more of the members of the Association at any meeting called for the purpose of establishing any regular or special assessment shall constitute a quorum, and at said meeting a majority of said quorum shall X 98055 Iaa3e� control. Section 9. NQnayrnent/R _ies: Any assessment not paid within 30 days after the due date shall bear interest from the due date at the prime rate as established by Glacier Bank, Kalispell, Montana, per annum. The Association may bring an action at law against the owner of the residential lot in default as and on the basis of an account due. Said assessment obligation shall be a personal obligation. In addition to the amount of the assessment and any interest thereon, in the event of any such suit the Association shall be entitled to all attorney's fees incurred and costs. Any Judgment shall be entitled to all rights and legal consideration as any Judgment received under the laws of Montana. No owner subject to assessment may waive or otherwise escape liability for the assessment herein provided by nonuse of the common area or abandonment of his lot. In addition to the provisions for suit and collection as hereinabove set forth, the Association may suspend a delinquent owners 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. SubQdination or i n: The lien of any assessment provided herein shall be subordinate to any purchase money security interest for a lot acquired herein or construction lien for the construction of a resident herein when said lien secures the lender's obligation for said acquisition or construction. In the event, however, of foreclosure of said lien, the Association shall not be required nor be under any obligation to provide access, or any of the other amenities of the common area to any subsequent purchaser, either through default or otherwise, until all past due obligations owed are paid in full. The provisions of this paragraph may be modified or waived in their entirety at the discretion of the Association. ARTICLE IV. RESTRICTIONS AS 1Q.-LANDSCAPING Section 1. 1 rii n: All open spaces shall have an automatic irrigation system. 7 1998055 /;)"I30 Section 2. Landaca i Species. Ponderosa Pine Summit Green Ash Norway Maple Russian olive Section 3. n in : The following are the basics needed for the low maintenance program. Turf is an Athletic Field mix which consists of: 2 5 % 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. P h 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. Path criteria: 1 . The width for the multi -purpose path is four (4) to eight (8) feet. 1998"%S P1W 2. The path pavement can be constructed of asphalt or Portland cement concrete which has been machine laid to insure a smooth surface. 3. A minimum cross slope of two (2) percent is required for proper drainage. Section 5. H' hw I r Species. Ponderosa Pine Patmore Ash Bailey Compact American cranberry Bush Kathryn Dykes Potentilla Section 6. -S,ign0 West Entrance: A sign approximately ten (10) feet long by four and one- half (4 1 /2) feet tall shall be permitted. Landscaping Ponderosa Pine Aspen (single and multi -stem) Peking Cotoneaster Kathryn Dykes Potentilla Annuals East Entrance: A sign no greater than ten (10) feet long by four and one-half (4 1 /2) feet tall shall be permitted. Landscaping Ponderosa Pine Aspen (single and multi -stem) Kathryn Dykes Potentilla Annuals Section 1. In r Par i Any owner shall have the option and right to enforce, by any proceeding at law or in equity, all restrictions, X 1998055 1;�0750 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, and in the event of litigation, shall be entitled to attorneys fees. Section Z. 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. FA irry����� The provisions of these protective covenants are to run with the land and shall be binding upon all parties and all persons claiming under them, for a period of twenty (20) years from the date they are recorded, after which time said protective covenants shall be automatically extended for successive periods of ten (10) years unless an instrument executed by the owners of seventy-five percent (75%) of the land described as all that land shown on and described as Parcels 1, 2, 3 and 4 of certificate of Survey No. 12409, and as amended by Parcel 1 of certificate of Survey No. 13186, Records of Flathead County, Montana, excluding common areas has been recorded agreeing to terminate said protective covenants or change them in whole or in part. Each lot shall be entitled to one vote under this Article. This Declaration may be amended by an instrument signed by the owners of Seventy-five Percent (75%) of the land described as all that land shown on and described as Parcels 1, 2, 3 and 4 of Certificate of Survey No. 12409, and as amended by Parcel 1 of certificate of Survey No. 13186, Records of Flathead County, Montana, excluding common areas which instrument has been recorded, agreeing to such amendment. Each lot shall be entitled to one vote under this Article provided that in any event an amendment shall not be valid unless approved in writing by the city of Kalispell. 10 1-998m,s� IN WITNESS WHEREOF, the Declarant has executed this instrument the day and year first above written. NORTHWEST HEALTHCARE CORPORATION By: � P esident STATE OF MONTANA ) SS. County of Flathead ) f , On this i-- day of.,. 1998, before me, the undersigned, a Notary Public forte State of Montana, personally appeared 72uja-Kk 4-). � , 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 nay Notarial•,{S+oa the day and year in this certificate first above written. it NIA lk r yi r • r 7 Notary Public for the State of Montana Seal}-,Y; Residin at Montana My commission expires Z2�1 SEEN AND AGREED TO: J & F CONSTRUCTION, a Montana General Partnership By: Ak I Gelneral Partner 11 299'Fs055 I aa'�o STATE OF MONTANA ss. County of Flathead } On this day of mm' 1998, before me, the undersigned, a Notary Pu lic for Stat of Montana, personally appeared known to me to be a General Partner of J & F contruction, a ontana ineral Partnership, the Partnership whose name is subscribed to the within instrument, and acknowledged to me that such Partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed nay Notarial Seal the day and year in this certificate first above written. Notary Pr�iblic f r Residing a My commission ex 12 ie St '- -1of Montana ,Montana res_ Cn EXHIBIT "B" 1998055 DECLARATIONOF �1-�.. �► 1 COVENANTS.AND RESTRICTIONS i BU.f.FALQ COMMONS (Retail/Commercial/Office) THIS DECLARATION, made this ' day of 1 99- , by Northwest Healthcare Corporation, hereinafter referred to as "D LARANT', WIT NESSETH; That WHEREAS, Northwest Healthcare Corporation is the owner of real property situated in Flathead County, Montana, described as follows: ::D All that land as shown on and described as Parcel 3 of Certificate of ' Survey No. 13136, Records of Flathead County, Montana. That WHEREAS, Declarant is desirous of subjecting all of said property hereinabove described as all that land as shown on and described as Parcel 3 of Certificate of Survey No. 13186, Records of Flathead County, Montana, to the Conditions, Covenants and Restrictions hereinafter set forth, each and all of which is and are for the benefit of said property and for each owner thereof and shall inure to the benefit and pass with said property, and each and every parcel thereof, and shall apply to and bind the successors in interest, and any owner thereof; NOW, THEREFORE, the Declarant, being the owner of all of the real property above -described, hereby declares that the said real property is, and shall be, held, transferred, sold and conveyed, subject to the conditions, restrictions, covenants and reservations hereinafter set forth; and All persons or corporations who now or shall hereafter acquire any interest in and to the above -described property shall be held to agree and covenant with the owner of any of the property hereinabove described, or any parcel thereof, and with their heirs and successors and assigns, to conform to and observe the following covenants, restrictions, and conditions as to the use thereof, and as to the construction of dwellings and improvements thereon. r a9ssoss �a�30 Section 1: "Declarant" herein mentioned is Northwest Healthcare Corporation. Section 2: "Association" shall mean The Buffalo Commons Retail/Commercialloffice Property owners Association. Section 3: "owner" shall mean and refer to the person or persons owning a parcel of land in fee simple, absolute, individually or as an owner in any real estate tenancy relationship recognized under the laws of the State: of Montana, including a unit ownership pursuant to a recorded unit ownership declaration. Section 4; "Lot' shall mean any plot of land shown upon any recorded subdivision plat or map of the property. Section 5: "Vote" or "voter", shall mean one vote per lot, provided that the Declarant herein shall be entitled to a vote for each lot it owns inclusive of a lot shown on a preliminary subdivision plat which has not received final subdivision plat approval. Section 1. : The Architectural Review Committee shall consist of three individuals appointed by the Board of Directors of the Buffalo Commons Property owners Association from owners within the property described as all that land shown on and described as Parcel 3 of Certificate of Survey No. 13136, Records of Flathead County, Montana, and shall be known as the Buffalo Commons Retail/Commercialloffice 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 rReview Committee: A 1 1 owners intending to construct any structure whatever upon any lot, shall first submit their plans and specifications, in writing, to the Architectural Review 2 1998055 / 7F;L� Committee. All plans for the construction of any building, private road or driveway, fence, wall or other structure to be erected upon any lot and the proposed location thereof upon any lot and any change, after approval thereof, any remodeling, reconstruction, alteration or addition to any building, road, driveway, or other structure upon any lot in said premises, shall require written approval of said Architectural Review committee. Before beginning the construction of any building, road or driveway, parking lot, fence, wall or other structure whatsoever, or remodeling, reconstruction or altering such road, driveway or structure upon any lot, the person or persons desiring to effect, construct or modify the same shall submit to the Architectural Review Committee, a complete set of plans and specifications thereof including front, side, and rear elevations, floor plans for each floor and basement, exterior color schemes, a block or plot plan indicating and fixing the exact location of such structure or such altered structure on the grading plan if requested. A reasonable fee shall be paid to the Architectural Review committee with such plans, said fee to be set by said committee. (Preliminary sketch of plan may be submitted prior to the execution of detailed drawings.) In the event the proposed improvement shall be one for repainting or redecorating the exterior of such structure without remodeling or changing it, or making additions thereto, it shall only be necessary to file one color scheme of such proposed work and have the same approved prior to the commencement of such work. Section 3. Approval Review mi : 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 m.ay, at any time, inspect any building or 13 property located in said subdivision for the purpose of determining whether the exterior of said building conforms to these covenants. Approval of such plans and specifications shall be evidenced by written endorsement on such plans or specifications, a copy of which shall be delivered to the owner or owners of the lot upon which the prospective building, road, driveway or other structure is contemplated, prior to the beginning of such construction. No changes or deviations in or from such plans and specifications as approved, shall be made without the prior written consent of the Architectural Review Committee, and construction shall be completed within one (1) year from date of approval of said plans and specifications. Structural engineering shall be the responsibility of the owner. The Architectural Review committee may waive such provisions contained in these covenants as they deem appropriate. In passing upon any plans and specifications submitted to it, the Architectural Review committee shall consider: a) Suitability of the improvement and materials of which it is to be constructed to the site upon which it is to be located; b) The nature of the adjacent neighboring improvements; c) The quality of the materials to be utilized in any proposed improvements; and d) The effect of any proposed improvement on the adjacent or neighboring property. In passing on any plans and specifications, it shall be an objective of the Architectural Review committee to make certain that no improvement will be so similar or so dissimilar to others in the vicinity that values, monetary or aesthetic, will be impaired, and to maintain for the benefit of the Architectural Review Committee and all subsequent individual lot owners, the nature character of the land and to require that all man-made structures blend into the natural background rather than stand out against it. El 1998055 1a�3o Man Section 1. The fallowing are permitted uses for all that land shown on and described as Parcel 3 of Certificate of Survey No. 13136, Records of Flathead County, Montana. Art sales Gift Shop Beauty/Barber shop Ice cream parlor Bicycle sales Music store Book store Prepared food delivery Camera sales Photographic studio Car wash Pizza shop Catering business Post office Deli Travel agency Donut shop Hearing aid sales Drug store convenience store/gas Prosthesis Restaurant Health food retail Video rentals Pharmacy Office, prof essionallgovern. Other retail C 3,000 sq ft schools Insurance sales - Physician Offices Clinics, medical or dental Libraries/museums/arts Community center Parks Florist Fire/Police station Banks/Savings & Loans/Finance and Loan companies Section 1 . Laodacap,iaau: Landscape treatment required for all lots shall consist of a combination of turf, shrubs, and trees. Section 2. Parking Areas: Landscaping. The following guidelines, adapted from the Kalispell zoning Ordinance (chapter 27.26), apply to all parking areas for over four (4) vehicles and service drives. A minimum of five percent (5%) of the total parking lot area shall be 5 1998055 landscaped. Landscaping is encouraged within the parking lot in the form' of island and along the perimeter of the parking lot for the purpose of providing a visual relief between a public street and the parking lot. The island landscape buffer shall consist of planting materials or planting materials and manmade features to create a visual relief buffer in the form of a hedge, planter box, berm, shrubbery, or a combination of the above. Species. Kathryn Dykes Potenti lla Broadmoor Juniper Emerald Mound Honeysuckle ----------------- Section 1 . Exterior. All structures to be constructed on the land described as all that land shown on and described as Parcel 3 of certificate of Survey No. 13186, Records of Flathead County, Montana, shall be limited to the fallowing exterior materials: ��WVFIII Masonry Giant Brick Stone Architecturally finished concrete cast -in -place Architecturally finished concrete prefabricated panels Synthetic Stucco Prefinished panels with anodized aluminum finish Concrete Block (in visually obscure areas only) Textured or 'Architectural' concrete Block. (in visually obscure areas only) Anodized aluminum panels Prefinished Architectural Metal Panels Synthetic Stucco 9 1998055 /;L;L ''°� Prefinished cedar C. Soffits: Anodized aluminum panels Prefinished Architectural Metal Panels Synthetic Stucco , Prefinished cedar Prefinished pressboard ■ .. • 19,:, / Prefinished Architectural Metal Roofing Deep Profile Prefinished Metal Roofing (Light gauge, 'common" economy grade is prohibited) Cedar Shakes and Shingles, Blue label and Fire resistant treated Exposed Hypalon, Single ply EPDM, and/or Built-up Roofing is expressly prohibited) Frames and Materials Commercial grade thermally -broken anodized aluminum frames Enamel finished pressed metal frames (on nonpublic entrances) Glazing Double or triple glass panels Low-E type panels Energy saving features (reflective coatings, argon gas, "Heat Mirror", special internal coatings et. al.) Energy saving features (reflective coatings or finishes impacting appearance) F. Colors: Applied Finishes - predominantly earth tones Natural coloration of masonry, stone Accent colors Clear Sealers 7 I -99SO55 ]A -A 01NO 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 J.S. Highway 93. In addition to the materials list, the following regulations and/or landscape features will apply to those structures adjoining the highway: A. Development of properties adjacent to Highway 93 will be buffered with undulating landscape berms and materials from the highway. Paved areas shall not be visible from the Highway. I B. Refuse shall be contained in attractive, screened enclosures. C. No temporary storage shall occur in areas between the buildings and highway. D. Loading areas shall be consolidated for multiple tenants/businesses into areas designed to be either attractive features and/or visually obscured. E. Exterior appearance of walls and/or roofs of buildings visually accessible from the Highway shall contain architectural elements found on the 'front" portions of the commercial buildings. Walls and surface planes shall be broken up in such a manner as to create visual interest, avoiding monotony. F. Architectural Lighting shall be provided in utilitarian areas to promote security and not compete with Highway lighting. 4 Section 1. Minimum lot sized shall be 7,000 square feet with a minimum lot frontage of 70 feet. Section 2. Buildion.-Size: Each building or other structure shall be L 1998055 )--P)--;L50 constructed, erected and maintained in strict accordance with the approved plans and specifications. Maximum building height shall be 35 feet. A single retail structure can provide up to 4 retail spaces on a single lot provided said structure does not exceed a total store front width of more than 150 feet. All other uses specifically listed above have no specific size limitation other than what is necessary to achieve the setback, parking and building height limitations. Section 3. Setbac a: Rear setbacks shall be 5 feet for those structures backing U.S. Highway 93. Elsewhere in this land use pod, the rear setback shall be 20 feet. Side yard setbacks shall be 10 feet, except the setback shall be 20 feet on any side corner. Front yard setbacks shall be 20 feet. Section 4. Utilities: All utilities including but not limited to power, electric, and telephone shall be underground. Section 5. continuity of Co.n.stru.cti.on. 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 51[uctur : No trailer, basement, tent, shack, garage, barn or other outbuilding erected or placed on any lot shall at any time be used as a permanent residence. Any of the aforementioned structures shall be erected at any time without the written approval of the Architectural Review Committee. Section 7. 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 S. signa. No signs, billboards or other advertising structure of any kind shall be erected, constructed or maintained on any parcel for any purpose whatsoever, except such signs as have been approved by the Architectural Review committee. Signage is limited to a small wall identification/logo sign for each shop front. A kiosk -type structure shall provide a common entrance and identification sign for all of the business tenants 9 1998055 /X41W located in the area described as all that land shown on and described as Parcel 3 of Certificate of survey No. 13136, Records of Flathead County, Montana. Section 9. P : All lot owners shall be responsible for providing on -site parking in accordance with the Kalispell Zoning ordinance for the intended uses. Section 10. Nuisance: No noxious or offensive activity shall be carried on nor shall anything be done or permitted which shall constitute a public nuisance therein. Section 1 . Interested Partles: 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, and in the event of litigation, shall be entitled to attorneys fees. 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. FMAMI 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 (10) years unless an instrument executed by the owners of seventy-five percent (75%) of the land described as all that land as shown on and described as Parcel 3 of Certificate of Survey No. 13136, Records of Flathead County, Montana, has been recorded agreeing to terminate said protective covenants or change them in whole or in part. Each lot shall be 10 3.998055/a��° entitled to one vote under this Article. This Declaration may be amended by an instrument signed by the owners of seventy-five Percent (75%) of the land described as all that land shown on and described as Parcel 3 of certificate of Survey No. 13186, Records of Flathead county, Montana, which instrument has been recorded, agreeing to such amendment. Each lot shall be entitled to one vote under this Article provided that in any event an amendment shall not be valid unless approved in writing by the city of Kalispell. IN WITNESS WHEREOF, the Declarant has executed this instrument the day and year first above written. NORTHWEST HEALTHCARE CORPORATION By: President 11 1998055 /�0"00 STATE OF MONTANA ) • ss. County of Flathead 3 On this day of �.�___ �2=� 11 1992 , before me, the undersigned, a Notary Public for the State of/Montana, personally appeared known to me to be the President of Northwest Healthcare corporation, the corporation whose name is subscribed to the within instrument and acknowledged to me that such corporation executed the same. N WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Public for the State of Montana Residing at Montana My commission expires 12 t� 3 sxaisir ^c^ 1998055 1aa">0 SUFFAIL.G.-COMMONS (Multi -Family) THIS DECLARATION made this ��da of • y 1991, by Northwest Healthcare corporation, hereinafter referr d to as "DECLARANT', WITNESSETH: That WHEREAS, Northwest Healthcare corporation is the owner of real property situated in Flathead county, Montana, described as follows: All that land shown on and described as Parcel 2 of certificate of Survey No. 13186, Records of Flathead County, Montana. That WHEREAS, declarant is desirous of subjecting all of said property described as all that land shown on and described as Parcel 2 of certificate of Survey No. 13186, Records of Flathead county, Montana, to the conditions, Covenants and Restrictions hereinafter set forth, each and all of which is and are for the benefit of said property and for each owner thereof and shall inure to the benefit and pass with said property, and each and every parcel thereof, and shall apply to and bind the successors in interest, and any owner thereof; NOW, THEREFORE, the Declarant, being the owner of all of the real property above -described, hereby declares that the said real property is, and shall be, held, transferred, sold and conveyed, subject to the conditions, restrictions, covenants and reservations hereinafter set forth; and All persons or corporations who now or shall hereafter acquire any interest in and to the above -described property shall be held to agree and covenant with the owner of any of the property hereinabove described, or any parcel thereof, and with their heirs and successors and assigns, to conform to and observe the following covenants, restrictions, and conditions as to the use thereof, and as to the construction of dwellings and improvements thereon. 1 1998055 Section 1: "Declarant" herein mentioned is Northwest Healthcare Corporation. Section 2: "Association" shall mean The Buffalo commons Multi -Family Property owners Association. Section 3: "owner" shall mean and refer to the person or persons owning a parcel of land in fee simple, absolute, individually or as an owner in any real estate tenancy relationship recognized under the laws of the State of Montana, including a unit ownership pursuant to a recorded unit ownership declaration. Section 4: "Maintenance Area" for the purpose of these covenants shall mean all real property including but not limited to lawns and landscaping owned by the individual owners of the townhouse lots and located within the townhouse lots together with the various sidewalks, driveways and turnarounds. This Maintenance Area is "limited" to the Phase II portion of the Buffalo commons Planned Unit Development designated for "multi -family' development and as such is separate and distinct from the "general" common Area enjoyed by and assessed to all Phases 1 through 1V of the Buffalo Commons Planned Unit Development. Section 5: "Lot" shall mean any plot of land shown upon any recorded subdivision plat or map of the property. Section E: "Vote" or "voter", shall mean one vote per lot, provided that the Declarant herein shall be entitled to a vote for each lot it owns inclusive of a lot shown on a preliminary subdivision plat which has not received final subdivision plat approval. AT WA1111-- -1 9 L Section 1. N n- fi r i n: The owners of the property described as all that land shown on and described as Parcel 2 of certificate of Survey No. 131 SB, Records of Flathead County, Montana, shall form a Montana Non-profit Corporation and adopt necessary By -Laws known as "The Buffalo Commons Multi -Family Property owners Association, Inc." hereinafter referred to as 2 1998055 W ''0 Association. The Association to be formed by Declarant shall have as members all owners as defined herein. Membership in the association shall be appurtenant to and shall not be separated from the ownership interest. Members shall participate in the manner prescribed by the Articles and By -Laws of the Association, and resolutions of the Association's Board of Directors. The Association's purpose is to provide services and facilities to the owners as it may determine, including but not limited to the following: a. The right of the Association to charge reasonable fees for the care, maintenance and improvement of the maintenance area on each individual lot inclusive of the right of access to and from said lot. Section 2. Purpose: The purpose of the Buffalo commons "Multi - Family Property owners Association is to adopt rules and regulations for the maintenance of the maintenance area and inclusive of the lot landscape areas, sidewalks, and driveways as defined herein and located within the property described as all that land 'as shown on and described as Parcel 2 of certificate of Survey No. 13186, Records of Flathead county, Montana. Section 1. Ass.es.s.ment/Cre.ation of LiamEach owner (other than Declarant) by accepting deed to or land contract for a lot as defined herein within the real property described as all that land shown on and described as Parcel 2 of certificate of Survey No. 13186, Records of Flathead County, Montana, whether or not specifically so expressed in said conveying instrument, shall be deemed to covenant, agree, and shall be bound to pay assessments established pursuant to the provisions of these covenants, which will include regular annual assessments and special assessments for general Association operating funds, capital improvement or water use. Assessments, whether special or regular, may be collected on a monthly, quarterly or yearly basis, together with interest, costs and reasonable attorney's fees incurred in the enforcement of the provisions of this article. Section 2. Declarant's Declarant'Assesame.ntI.Date of Camm.encement of Asse m Pending sale of the lots, Declarant shall be responsible for all assessments on said unsold lots as same become due. At sale, assessments shall be prorated as of date of sale. Declarant remaining responsible for assessments to date of sale and the lot purchaser being responsible thereafter. 199SC& 1;0%30 All such allocations shall be based on a 365 day year. Section 3. : Assessments as provided herein shall be a charge on each owner's lot and shall be a continuing lien against said lot and said assessment, together with any interest, costs, and reasonable attorney fees incurred in collection same shall also be a personal obligation of the owner of the lot at the time when said assessment became due. Section 4. Purpose: Assessments for the purpose of the maintenance area shall be specifically allocated for that purpose. General assessments assessed against owners of the lots shall be for the general purpose of maintaining Association property. Assessments shall be used to administer the covenants to maintain and improve quality of the maintenance area, including but not limited to, the cost of maintaining all lawns and landscaping and maintenance and snow removal of sideways, driveways and turnarounds. Section 5. Regular Assessments: The Board of Directors shall levy assessments authorized by a majority of the Association to cover the annual Association operating budget. The Board of Directors shall further establish an assessment as and for a fund for the maintenance of the maintenance area. Said assessments shall be billed and collected over the same term and at the same time. The first year for which annual assessments shall be established and collected shall be the calendar year 1998. Section 6. .Uniform ate: Maintenance area assessments as well as regular and special assessments, shall be fined at a uniform rate provided that the assessments shall be divided among all the individual lots based on a pro rata share for each lot as to the entire real estate subject to the assessment under these covenants. Section 7. Asse,$$[Denj 12priQdIDue,: Assessments as provided herein shall commence as against all lots on the 1 st day of January, 1998. Thereafter, the Board of Directors shall fix the amount of the regular annual assessment against each lot annually. commencing with January 1, 1998, an assessment period shall consist of a calendar year. Written notice of the applicable annual assessment shall be sent to every owner subject thereto. 0 19980,557;;Gk,->0 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 3.9pe,-Qial A : special Assessments to include maintenance area maintenance fund as herein provided, may be set at the regular annual meeting or upon any special meeting called for said purpose. In the event of special meeting, written notice to each of the members of the Association must be given no less than 30 or more than 50 days prior to said meeting. Presence of 50 % or more of the members of the Association at any meeting. called for the purpose of establishing any regular or special assessment shall constitute a quorum, and at said meeting a majority of said quorum shall control. Section g. N n m n Any assessment not paid within 30 days after the due date shall incur a late fee of $20.00 and bear interest from the due date at the prime rate as established by Glacier Bank, Kalispell, Montana, per annum. The Association may bring an action at law against the owner of the residential lot in default as and on the basis of an account due. Said assessment obligation shall be a personal obligation. In addition to the amount of the assessment and any interest thereon, in the event of any such suit the Association shall be entitled to all attoarney's fees incurred and costs. Any Judgment shall be entitled to all rights and legal consideration as any Judgment received under the laws of Montana. No owner subject to assessment may waive or otherwise escape liability for the assessment herein provided. In addition to the provisions for suit and collection as hereinabove set forth, the Association may suspend a delinquent owner's voting rights at Association meetings. Section 10.Subo—rdin.atlo-nLien: The lien of any assessment provided herein shall be subordinate to any purchase money security interest for a lot acquired herein or construction lien for the construction of a resident herein when said lien secures the lender's obligation for said acquisition or construction. In the event, however, of foreclosure of said lien, the Association shall not be required nor be under any obligation to 5 1998055 /A;)L � provide access, or any of the other amenities of the maintenance area to any subsequent purchaser, either through default or otherwise, until all past due obligations owed are paid in full. The provisions of this paragraph may be modified or waived in their entirety at the discretion of the Association. ARTICLE IV. ARCHITECTURAL REVIEW COMMITTEE Section 1 . Members/Terms: The Architectural Review committee shall consist of three individuals appointed by the Board of Directors of the Buffalo Commons "Multi -Family" Property owners Association from owners within the property described as all that land shown on and described as Parcel 2 of Certificate of survey No. 13186, Records of Flathead county, Montana, and shall be known as the Buffalo commons Multi -Family Architectural Review Committee hereinafter referred to as Architectural Review committee. The members of the Architectural Review committee may be appointed and removed at the sole discretion of the Board of Directors of the Buffalo Commons "Multi -Family" Property owners Association, Section 2. Function f the Architectural Committee,: A l l owners intending to construct any structure whatever upon any lot, shall first submit their plans and specifications, in writing, to the Architectural Review Committee. All plans for the construction of any building, private road or driveway, fence, wall or other structure to be erected upon any lot and the proposed location thereof upon any lot and any change, after approval thereof, any remodeling, reconstruction, alteration or addition to any building, road, driveway, or other structure upon any lot in said premises, shall require written approval of said Architectural Review committee. Before beginning the construction of any building, road or driveway, fence, wall or other structure whatsoever, or remodeling, reconstruction or altering such road, driveway or structure upon any lot, the person or persons desiring to effect,, construct or modify the same shall submit to the Architectural Review committee, a complete set of plans and specifications thereof including front, side, and rear elevations, floor plans for each floor and basement, exterior color schemes, a block or plot plan indicating and fixing the exact location of such structure or such altered structure on the grading plan if requested. A reasonable fee shall be paid to the Architectural Review committee with such plans, said fee to be set by said committee. (Preliminary sketch of plan may be submitted prior to the execution of detailed drawings.) X 1998fts /4)LO)L:NO n 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. A,P,PfQvalA i m i : Approval by the Architectural Review committee of all exterior plans and specifications must be submitted for approval in writing, and shall not be deemed to be a waiver by the Architectural Review committee of the right to object to any of the features or elements embodied in such plans or specifications if and when the same features or elements are embodied in any subsequent plans or specifications submitted for approval for use on other building sites. In the event the Architectural Review committee fails to act within thirty (30) days after the proposed plans and specifications of any structure have been submitted, in writing, or in any event, if no suit to enjoin the construction has been commenced prior to the completion of an entire dwelling, no specific approval shall be required for such structure and the pertinent provisions to the Declaration shall be deemed to have been fully complied with. The Architectural Review committee may, at any time, inspect any building or property located in said subdivision for the purpose of determining whether the exterior of said building conforms to these covenants. Approval of such plans and specifications shall be evidenced by written endorsement on such plans or specifications, a copy of which shall be delivered to the owner or owners of the lot upon which the prospective building, road, driveway or other structure is contemplated, prior to the beginning of such construction. No changes or deviations in or from such plans and specifications as approved, shall be made without the prior written consent of the Architectural Review committee, and construction shall be completed within one (1) year from date of approval of said plans and specifications. Structural engineering shall be the responsibility of the owner. The Architectural Review committee may waive such provisions contained in these covenants as they deem appropriate. In passing upon any plans and specifications submitted to it, the Architectural Review committee shall consider: a) suitability of the improvement and materials of which it is to be constructed to the site upon which it is to be located; 7 1998-055 /OA;13V b) The nature of the adjacent neighboring improvements; c) The quality of the materials to be utilized in any proposed improvements; and d► The effect of any proposed improvement on the adjacent or neighboring property. In passing on any plans and specifications, it shall be an objective of the Architectural Review committee to make certain that no improvement will be so similar or so dissimilar to others in the vicinity that values, monetary or aesthetic, will be impaired, and to maintain for the benefit of the Architectural Review committee and all subsequent individual lot owners, the nature character of the land and to require that all man-made structures blend into the natural background rather than stand out against it. ARTICLE V. RESTRICTIONS AS TO LAND USE Section 1. Multi -Family: The following are permitted uses for all that land shown on and described as Parcel 2 of certificate of Survey No. 131801 Records of Flathead county, Montana. Duplex Single family dwelling Multi -family (tri-plex, four plex) 115ME11i i Section 1. Landacap-w i : Landscape treatment required for all lots shall consist of a combination of turf, shrubs, and trees. ARTICLE VII. MISCELLANEOUS RESTRICTIONS Section 1 . 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, 8,000, and 12,000 square feet, respectfully. The number of sublots created within a larger "parent" lot is determined based solely upon 19980-55 /�A 30 the minimum 2,500 square foot requirement per unit and the setbacks applicable to the "parent" lot. Minimum parent lot widths are 60 feet. Section 2. Building Size: Each building or other structure shall be constructed, erected and maintained in strict accordance with the approved plans and specifications. Each townhouse unit shall have a base floor area of not less than 1,000 square feet of living area for a single story building. A garage having a minimum of 2 parking stalls shall be required for each dwelling unit. Single family dwellings (detached) shall have a base floor area of not less than 1,400 square feet of living area for a single story building and not less than 1,650 square feet of living area for a multi -story dwelling. Maximum structural height shall be 35 feet. Section 3. Setba.cks: 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. i i i : All utilities including but not limited to power, electric, and telephone shall be underground. Section 5. in f : All structures shall have the exterior completed within twelve (12) months of commencement of construction unless an exception is granted in writing by the Architectural Review Committee. Section '6. Temporary Structures: No trailer, basement, tent, shack, garage, barn or other outbuilding erected or placed on any lot shall at any time be used as a permanent residence. Any of the aforementioned structures shall be erected .at any time without the written approval of the Architectural Review Committee. Section 7. Animals: No animals of any kind, shall be raised, bred or kept on any lot, excepting that dogs, cats and other small domestic animals may be kept, but not for commercial purposes. Permitted animals, not exceeding two adult animals, must be confined to the lot of their owner and not permitted to run at large. The owners shall be responsible for immediately picking up after the pet and keeping it on owner's property at all times unless under leash. 1998055 1'3k�30 Section S, No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste, shall be kept in covered, reasonable airtight containers. Such containers must be kept in a garage or other enclosed area, except the night before and day of pickup and/or as otherwise affected by city ordinance, Section 9. LandscaDing and Fences: No hedges, shrubs or other plantings, or any structure shall be permitted which unreasonably obstructs the view of any owner or motor vehicle drivers, and shall not in any event, exceed four (4) feet in height nor more than three (3) feet in height anywhere in the front twenty-five (25) feet of the property. Trees are permitted when the location and size of tree(s) do not interfere with travel safety relative to site distances when approaching the public road from individual or shared driveways. All or any landscaping shall be subject to the approval of the Architectural Review Committee. There shall be no fences in front yards or rear yards, except the north boundary of Phase 11 of Buffalo commons shall have a maximum fence height of six (6) feet. Fencing of a vinyl or non-paintable surface shall be allowed around patio decks with written approval from the Architectural Review committee, Section 10. Si : 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. P All lot owners shall be responsible for providing on -site parking in accordance with the Kalispell Zoning Ordinance for the intended uses. The private drives that provide common access to the units on parent lots 2 - 9, and 11 - 12 are closed to parking and no vehicle shall be parked thereupon. No trailer, camper, or recreational vehicle shall be parked in view of the public on the premises, and if parked shall be completely contained within a garage. Section 12. Nuisance: No noxious or offensive activity shall be carried on nor shall anything be done or permitted which shall constitute a public nuisance therein. This includes noise. Section 13. Bu rn' n a: Open fires are not permitted on the property. Outdoor barbecues are not an open fire within the meaning hereof. 10 1998Ut5 Section 1 4. Alteration by Unit owners: The interior plan of a unit may be changed by its owner with the exception of the bearing wall which may not be moved and all two hour fire walls which may not be penetrated or modified in any manner. No unit may be subdivided. Section 15.Qw.ner. An owner shall maintain and keep in repair the interior of each unit and its fixtures. All fixtures, utility lines and equipment installed in the unit commencing at a point where the utilities enter the unit shall be maintained and kept in repair by the owner thereof. An owner shall do no act nor any work which will impair the structural soundness or integrity of the building or impair any easement. An owner shall keep all areas appurtenant to his unit in a clean and sanitary condition. The right of each owner to repair, alter and remodel is coupled with the obligation to replace any finishing or other materials removed with similar types or kinds of materials. No acts of alteration, repairing or remodeling by any unit owner shall impair in any way the structural integrity of the units of adjoining owners. Nothing contained in this Declaration or the By-laws will be construed as to make the Homeowner's Association liable or responsible for any interior repairs. These repairs are the responsibility of the owner subject to any warranty from his/her builder. Section 16. Ex.terN r Irations: No owner may change, alter or remodel the exterior of his unit without the prior written approval of the Association. Exterior siding is 49 year non -maintenance siding and vinyl windows. ` Section 17. Maintenance by._Tow.n..n: T h e Association shall take all necessary steps, including but not limited to, exterior painting, roof and gutter repairs, concrete, exterior brick and stone repairs, repairs to common and fire walls, snow removal from roofs and replacement or repair of all broken or worn exterior parts, to insure that the building does not unnecessarily deteriorate at owners expense. The Association reserves the right to repair and charge back to the unit owner such interior repairs as are necessary to avoid adverse affects on the other units or the building as a whole. The Association is responsible for maintenance of landscaping and sprinkler and water delivery systems, and snow removal from shared driveways and sidewalks as part of regular Association dues. 11 199805512,a'� Section 18. Liens fQr Alterations: Labor performed and materials furnished and incorporated into a unit with the consent of or at the request of the unit owners, his agent, his contractor or subcontractor shall be the basis for the filing of a lien against the unit or the unit owner consenting to or requesting the same. Each unit owner shall indemnify and hold harmless each of the other owners from and against all liability arising from the claim of any lien against the unit or building for construction performed or for labor, materials, services or other products incorporated in the owner's unit at such owner's request. Emma M671-111111ir 11� a a EIJI a. Driveways: The parties recognize that there are various driveways as shown on the present plat or amended plats now filed or later to be filed, which cause an encroachment on two adjoining parent lots. The affected parent lots are: 3, 4, 5, 6, 7, S, 9, 11 and 12. Each of these lots, by virtue of these covenants, is subject to a cross easement running with and appurtenant to each adjoining lot for mutual use of'the driveway and turnarounds for egress and ingress. Further, by virtue of these covenants, the Association has the right to maintain and repair said driveways and turnarounds and a perpetual easement to enter upon the various lots for the purpose of maintenance and repair. b. Utility Easements: common utility services are provided to building lines and in some instances to separate Unit lines, By virtue of these covenants, each lot is subject to a common utility easement for such utility lines and the maintenance thereof. All property covered hereby is subject to an easement for such utility lines and the maintenance thereof. The right and easement to maintain said easements rests primarily with the Homeowner's Association and inures to the benefit of the Association, which may assess maintenance costs pursuant to this Declaration and the By -Laws. Should any Unit's utility service lines, pipes, or wires pass over, under or through another Unit, both the Homeowner's Association and the Unit whose service passes through another Unit are by these covenants granted a permanent right of access for maintenance and repair of said wires, lines and pipes. Should repair only beneficially affect one Unit, that Unit will bear the cost of repair or maintenance whether conducted by the Association or the Unit owner. should repair or maintenance be of mutual benefit to more than one Unit, the cost of the repair shall be assessed to those Units beneficially affected. 12 1998055 l�7>0 Section 20. Insurance: Each Unit owner shall insure his premises at value and further shall have liability coverage in the amount of not less than $100,000.00 per occurrence. In addition, each owner will carry medical payment insurance as part of their Homeowner's insurance in an amount of not less than $ 5,000.00 per occurrence. Proof of insurance shall be delivered to the Secretary for the Association each year. All insurance policies upon the property shall prohibit subrogation against the Association and/or other Unit owners. a. Reconstruction or Repair: All Units are to be repaired or replaced if there is insured destruction or damage unless the Association through its Board of Directors waives such replacement. This clause protects the values of all Units in the building and is to inure to the common benefit. Should a Unit owner fail to abide by this provision, the Association may cause repair or rebuilding and charge the same to the Unit owner. b. Plans and Specifications: Any reconstruction or repair must be substantially in accordance with the plans and specifications for the original improvements, or if not, then according to the plans and specifications approved by not less than 75 % of the Unit owners, including the owners of all Units the plans for which are to be altered. Any such reconstruction not in accordance with the original plans and specifications must be set forth in an amendment to the Declaration. Section 1 . Purpose: For the purpose of maintaining the maintenance area which is under the control of the Association, and shared by the owners, and for the purpose of providing for the collection and payment of necessary common expenses, a non-profit corporation is hereby formed under the name of Buffalo commons Multi -Family Property owners Association. Section 2. Members a An owner of a townhouse lot in Buffalo Commons Multi -Family Property owners Association shall automatically upon becoming the owner of such townhouse lot be a member of the Buffalo Commons Multi -Family Property owners Association, hereinafter referred to as the Association, and shall remain a member of such Association until such time as his ownership ceases for any reason, at which time his membership in the Association shall automatically cease. The membership shall be limited to 13 19980551AA3d townhouse lot owners as defined in this Declaration. ARTICLE IX. ENFORCEMENT Section 1. Interested., P 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, and in the event of litigation, shall be entitled to attorneys fees. Section 2. Severa.b. lity: Invalidation of any one of these covenants or restrictions by judgment or court order, shall in no wise affect any other provision which shall remain in full force and effect. The provisions of these protective covenants are to run with the land and shall be binding upon all parties and all persons claiming under them, for a period of twenty (20) years from the date they are recorded, after which time said protective covenants shall be automatically extended for successive periods of ten (10) years unless an instrument executed by the owners of seventy-five percent (75%) of the 35 townhouse lots located on the land described as all that land as shown on and described as Parcel 2 of certificate of survey No. 13186, Records of Flathead county Montana, has been recorded agreeing to terminate said protective covenants or change them in whole or in part. Each townhouse lot shall be entitled to one vote under this Article. This Declaration may be amended by an instrument signed by the owners of Seventy-five Percent (75%) of the 35 townhouse lots described as all that land shown on and described as Parcel 2 of certificate of survey No. 13186, Records of Flathead county, Montana, which instrument has been recorded, agreeing to such amendment. Each townhouse lot shall be entitled to one vote under this Article provided that in any event an amendment shall not be valid 14 1998oIT5 ia01 3�0 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: r President STATE OF MONTANA ) ss. County of Flathead ) On this day of , 199 , before me, the undersigned, a Notary Public for th State of ontana, personally appeared , � , known to me to be the President of Northwest Healthcare corporation, the Corporation whose name is subscribed to the within instrument, and acknowledged to me that such corporation executed the same. N WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Public for the State of Montana 4^ - Residing at Montana y commission expires SEEN AND AGREED To: J & F CONSTRUCTION, a Montana General Partnership i r neral Partner 15 1998055 I> %'� STATE OF MONTANA ) ss. County of Flathead ) On this W day 4fe6 r;_ 1998, before me, the dersigned, a Notary Pu Iic fob, t e of Montana, perso . appeared nown to me to be a General Partner of J & F Contruction, a Montana General Partnership, the Partnership whose name is subscribed to the within instrument, and acknowledged to nee that such Partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed nay Notarial Seal the day and year in this certificate first above written. W,00 f f IVOIAR �� � yNotary ubl�c f e Sta e3 Montana S =� Residing ate. Montana My commission expi es 16 EXHIBIT "D" *9 8055 ".-- wirm"L v-"., wit BUFEALQ COMMONS (Single Family) THIS DECLARATION, made this � day of 19 9f , by Northwest Healthcare corporation, hereinafter referred to as " CLARANT", WITNESSETH; That WHEREAS, Northwest Healthcare corporation is the owner of real property situated in Flathead county, Montana, described as follows: All that land shown on and described as Parcel 1 of certificate of Survey No. 13186, Records of Flathead county, Montana. That WHEREAS, Declarant is desirous of subjecting all of said property hereinabove described as all that land as shown on and described as Parcel 1 of certificate of survey No.13186, Records of Flathead county, Montana, to the conditions, Covenants and Restrictions hereinafter set forth, each and all of which is and are for the benefit of said property and for each owner thereof and shall inure to the benefit and pass with said property, and each and every parcel thereof, and shall apply to and bind the successors in interest, and any owner thereof; NOW, THEREFORE, the Declarant, being the owner of all of the real property above -described, hereby declares that the said real property is, and shall be, held, transferred, sold and conveyed, subject to the conditions, restrictions, covenants and reservations hereinafter set forth; and All persons or corporations who now or shall hereafter acquire any interest in and to the above -described property shall be held to agree and covenant with the owner of any of the property hereinabove described, or any parcel thereof, and with their heirs and successors and assigns, to conform to and observe the following covenants, restrictions, and conditions as to the use 1 1998055 IR30 thereof, and as to the construction of dwellings and improvements thereon. ARTICLEL DEFINITIONS Section 1: "Declarant" herein mentioned is Northwest Healthcare Corporation. Section 2: "Association" shall mean The Buffalo commons "single Family" Property owners Association. Section 3: "owner" shall mean and refer to the person or persons owning a parcel of land in fee simple, -absolute, individually or as an owner in any real estate tenancy relationship recognized under the laws of the State of Montana, including a unit ownership pursuant to a recorded unit ownership declaration. Section 4: "Lot" shall mean any plot of land shown upon any recorded subdivision plat .or map of the property. Section b: "Vote" or "voter', shall mean one vote per lot, provided that the Declarant herein shall be entitled to a vote for each lot it owns inclusive of a lot shown on a preliminary subdivision plat which has not received final subdivision plat approval. 2!11 M ik aq I W I ;_ ------------------- ------------ Section 1. Membersd rms: The Architectural Review committee shall consist of three individuals appointed by the Board of Directors of the Buffalo Commons Property owners Association from owners within the property described as all that land as shown on and described as Parcel 1 of certificate of Survey No. 13186, Records of Flathead county, Montana, and shall be known as the Buffalo commons Single Family Architectural Review committee hereinafter referred to as Architectural Review committee. The members of the Architectural Review committee may be appointed and removed at the sole discretion of the Board of Directors of the Buffalo commons Property owners Association. Section ' All owners intending to construct any structure .whatever upon., any lot, shall first submit 2 1998MAS I A;430 their plans and specifications, in writing, to the Architectural Review Committee. All plans for the construction of any building, private road or driveway, fence, wall or other structure to be erected upon any lot and the proposed location thereof upon any lot and any change, after approval thereof, any remodeling, reconstruction, alteration or addition to any building, road, driveway, or other structure upon any lot in said premises, shall require written approval of said Architectural Review committee. Before beginning the construction of any building, road or driveway, fence, wall or other structure whatsoever, or remodeling, reconstruction or altering such road, driveway or structure upon any lot, the person or persons desiring to effect, construct or modify the same shall submit to the Architectural Review committee, a complete set of plans and specifications thereof including front, side, and rear elevations, floor plans for each floor and basement, exterior color schemes, a block or plot plan indicating and fixing the 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.App[ova.l.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 03 199805 aa�a 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 be innin 6 of such construction. No changes or p p g g g deviations in or from such plans and specifications as approved, shall be made without the prior written consent of the Architectural Review Committee, and construction shall be completed within one (1) year from date of approval of said plans and specifications. Structural engineering shall be the responsibility of the owner. The Architectural Review committee may waive such provisions contained in these covenants as they deem appropriate. In passing upon any plans and specifications submitted to it, the Architectural Review committee shall consider: a) Suitability of the improvement and materials of which it is to be constructed to the site upon which it is to be located; b) The nature of the adjacent neighboring improvements; c) The quality of the materials to be utilized in any proposed improvements; and d) The effect of any proposed improvement on the adjacent or neighboring property. In passing on any plans and specifications, it shall be an objective of the Architectural Review committee to make certain that no improvement will be so similar or so dissimilar to others in the vicinity that values, monetary or aesthetic, will be impaired, and to maintain for the benefit of the Architectural Review committee and all subsequent individual lot owners, the nature character of the land and to require that all man-made structures blend into the natural background rather than stand out against it. Section 1 . Siogle Family: . The following are permitted uses for all that 1.998055 land shown on and described as Parcel 1 of Certificate of Survey No. 13186, Records of Flathead county, Montana: Single Family dwellings Parks Section 1. Landscaoina: Landscape treatment required for all lots shall consist of a combination of turf, shrubs, and trees. Section 1.L.Qt....-Size: Minimum lot sizes are 7,000 square feet with a minimum lot width of 60 feet. Section 2. .Building Size: Each building or other structure shall be constructed, erected and maintained in strict accordance with the approved plans and specifications. Residential dwellings shall have a base floor area of not less than 1400 square feet of living area for a single story buiding. Multi- story dwellings shall not have less than 1650 square feet of total living area. For purposes of this paragraph, the basement, porch, steps, and garage shall not be considered a part of the living area. A garage having a minimum of 2 parking stalls shall be required for each lot having a residential dwelling. Maximum building height will be 30 feet. Section 3. Setbacks: Setbacks are 20 feet in the front and rear and 5 feet on either side, except a 20 foot setback is required on the corner side of any lot. Section 4. : All utilities including but not limited to power, electric, and telephone shall be underground. Section 5. Continuity...o.f...Co.ns.truction: 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. : No trailer, basement, tent, shack, garage, barn or other outbuilding erected or placed on any lot shall at any time 5 s98o�5 �/aa3A be used as a permanent residence. Any of the aforementioned structures shall be erected at any time without the written approval of the Architectural Review Committee. , Section 7. 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. 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. Landa,QapungNo 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. sigoa. 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 1 1 . i : All lot owners shall be responsible for providing on -site parking in accordance with the Kalispell Zoning ordinance for the intended uses. Section 12. Nuis.an.c.e: 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. BUIDiou: open fires are not permitted on the property. outdoor barbecues are not an open fire within the meaning hereof.. 199805%,J.�d'� 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, and in the event of litigation, shall be entitled to attorneys fees. Section 2. v i : Invalidation of any one of these covenants or restrictions by judgment or court order, shall in no wise affect any other provision which shall remain in full force and effect. The provisions of these protective covenants are to run with the land and shall be binding upon all parties and all persons claiming under them, for a period of twenty (20) years from the date they are recorded, after which time said protective covenants shall be automatically extended for successive periods of ten (10) years unless an' instrument executed by the owners of seventy-five percent (75%) of the 31 single family lots located on the land described as all that land as shown on and described as Parcel 1 of certificate of Survey No. 13186, Records of Flathead county, Montana, has been recorded agreeing to terminate said protective covenants or change them in whole or in part. Each lot shall be entitled to one vote under this Article. This Declaration may be amended by an instrument signed by the owners of Seventy-five Percent (75%) of the 31 single family lots located on the land described as all that land as shown on and described as Parcel 1 of certificate of Survey No. 13186, Records of Flathead county, Montana, which instrument has been recorded, agreeing to such amendment. Each lot shall be entitled to one vote under this Article provided that in any event an amendment shall not be valid unless approved in writing by the city of Kalispell. 7 q q 8055 IN WITNESS WHEREOF, the Declarant has executed this instrument the day and year first above written. NORTHWEST HEALTHCARE CORPORATION By: 14 - W, �-'Y President STATE OF MONTANA ) ss. County of Flathead ) On this �- day of 199 before me the e undersigned, a Notary Public for th6 State of Montana, personally appeared r ,, 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. r (-: IN WITNESS WHEREOF, I have hereunto set my hand and affixed my t.. TNo a,r` arl.,Seal the day and year in this certificate first above written. 04 4 { • r \ .. IFNota4ryulicfor the State o Montana Residing at �-�.. Montana .f My commission expires 9 r i O ..* ! R 1 8X8IBIT "E" 1 <08055 No I IN n 0 PI.: .._... MA I i. MA ■ ■ . BUFFALO COMMONS (Medical/Professional Facilities) THI DECLARATION made this �-- da of (L 998 b ► y y Northwest Healthcare corporation, hereinafter referred to as "D CLARANT', WIT NESSETH; That WHEREAS, Northwest Healthcare corporation is the owner of real property situated in Flathead County! Montana, described as follows: All that land shown on and described as Parcel 4 of certificate of Survey No. 12409, and Parcel 4 of Certificate of survey No. 13188, records of Flathead County, Montana. That WHEREAS, Declarant is desirous of subjecting all of said property hereinabove described as all that land shown on and described as Parcel 4 of Certificate of Survey No. 12409, and Parcel 4 of certificate of Survey No. 13186, Records of Flathead county, Montana, to the conditions, covenants and Restrictions hereinafter set forth, each and all of which is and are for the benefit of said property and for each owner thereof and shall inure to the benefit and pass with said property, and each and every parcel thereof, and shall apply to and bind the successors in interest, and any owner thereof; NOW, THEREFORE, the Declarant, being the owner of all of the real property above -described, hereby declares that the said real property is, and shall be, held, transferred, sold and conveyed, subject to the conditions, restrictions, covenants and reservations hereinafter set forth; and All persons or corporations who now or shall hereafter acquire any interest in and to the above -described property shall be held to agree and covenant with the owner of any of the property hereinabove described, or any parcel thereof, and with their heirs and successors and assigns, to conform to and observe the following covenants, restrictions, and conditions as to the use thereof, and as to the construction of dwellings and improvements thereon. 1 1998055 ! d--A;'�O Section 1 : "Declarant" herein mentioned is Northwest Healthcare Corporation. Section 2: "Association" shall mean The Buffalo commons "Medical/Professional Facilities" Property owners Association. Section 3: "owner" shall mean and refer to the person or persons owning a parcel of land in fee simple, absolute, individually or as an owner in any real estate tenancy relationship recognized under the laws of the State of Montana, including a unit ownership pursuant to a recorded unit ownership f declaration. Section 4: "Lot' shall mean any plot of land shown upon any recorded subdivision plat or map of the property. Section b: "Vote" or "voter", shall mean one vote per lot, provided that the Declarant herein shall be entitled to a Vote for each lot it owns inclusive of a lot shown on a preliminary subdivision plat which has not received final subdivision plat approval. Section 1. Members/Terma: The Architectural Review committee shall consist of three individuals appointed, by the Board of Directors of the Buffalo Commons Property owners Association from owners within the property described as all that land shown on and described as Parcel 1 of certificate of Survey No. 12409 and Parcel 4 of certificate of Survey No. 13136, Records of Flathead county, Montana, and shall be Known as the Buffalo commons Medical/Professional Facilities Architectural Review committee hereinafter referred to as Architectural Review committee. The members of the Architectural Review committee may be appointed and removed at the sole discretion of the Board of Directors of the Buffalo Commons Property owners Association. Section 2. Function Qf the ArchitecturalB-eview : A l l owners intending to construct any structure whatever upon any lot, shall first submit their plans and specifications, in writing, to the Architectural Review 2 1998055 �aa'jo Committee. All plans for the construction of any building, private road or driveway, fence, wall or other structure to be erected upon any lot and the proposed location thereof upon any lot and any change, after approval thereof, any remodeling, reconstruction, alteration or addition to any building, road, driveway, or other structure upon any lot in said premises, shall require written approval of said Architectural Review committee. Before beginning the construction of any building, road or driveway, parking lot, fence, wall or other structure whatsoever, or remodeling, reconstruction or altering such road, driveway or structure upon any lot, the person or persons desiring to effect, construct or modify the same shall submit to the Architectural Review Committee, a complete set of plans and specifications thereof including front, side, and rear elevations, floor plans Joreach,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 fife one color scheme of such proposed work and have the same approved prior to the commencement of such work. Section 3. : Approval by the Architectural Review committee of all exterior plans and specifications must be submitted for approval in writing, and shall not be deemed to be.a waiver by the Architectural Review committee of the right to object to any of the features or elements embodied in such plans or specifications if and when the same features or elements are embodied in any subsequent plans or specifications submitted for approval for use on other building sites. In the event the Architectural Review committee fails to act within thirty (30) days after the proposed plans and specifications of any structure have been submitted, in writing, or in any event, if no suit to enjoin the construction has been commenced prior to the completion of an entire dwelling, no specific approval shall be required for such structure and the pertinent provisions to the Declaration shall be deemed to have been fully complied with. The Architectural Review Committee may, at any time, inspect any building or property located in said subdivision for the purpose of determining whether the 3 1998055 1;;o'3 0 exterior of said building conforms to these covenants. Approval of such plans and specifications shall be evidenced by written endorsement on such plans or specifications, a copy of which shall be delivered to the owner or owners of the lot upon which the prospective building, road, driveway or other structure is contemplated, prior to the beginning of such construction. No changes or deviations in or from such plans and specifications as approved, shall be made without the prior written consent of the Architectural Review committee, and construction shall be completed within one (1) year from date of approval of said plans and specifications. Structural engineering shall be the responsibility of the owner. The Architectural Review committee may waive such -provisions contained in these covenants as they deem appropriate. In passing upon any plans and specifications submitted to it, the Architectural Review committee shall consider: a) Suitability of the improvement and materials of which it is to be constructed to the site upon which it is to be located; b) The nature of the adjacent neighboring improvements; c) The quality of the materials to be utilized in any proposed improvements; and d) The effect of any proposed improvement on the adjacent or neighboring property. In passing on any plans and specifications, it shall be an objective of the Architectural Review committee to make certain that no improvement will be so similar or so dissimilar to others in the vicinity that values, monetary or aesthetic, will be impaired, and to maintain for the benefit of the Architectural Review Committee and all subsequent individual lot owners, the nature character of the land and to require that all manmade structures blend into the natural background rather than stand out against it. Section 1 . Me.dM_ .aEProfessao.nel: The following are permitted uses for all that land shown on and described as Parcel 4 of certificate of Survey No. 51 1998055 1 12409 and Parcel 4 of certificate of survey No. 13186, Records of Flathead County, Montana: F Hospital Hospital and clinic Support Facilities cafeteria Laundry Environmental Dietary Warehouse Central Plant central Service & Delivery Communication Networks Parking -- Building & User Group Specific Ambulance "barn" { Outpatient -Surgical Center Specialized clinics Walk In, 24 Hour care Rehabilitation Speech children's Sports Medicine Family Practice Psychiatric Cardiac Cancer Treatment Dialysis Mental Health Employer Services Offices: Foundations Administration offices Consolidated Doctor's clinic Allergy, Audiology, cardiac, Dermatology, Ear, Nose&Throat, Family 5 199805's /.)La"311 Practice, Gastroenterology, Hematology, Infectious Diseases, infertility, Nephrology, Neurological, Obstetrics, Occupational Medicine, Oncology, Ophthalmology, Optometry, Orthopedics, Pediatrics, Physical Medicine and Rehabilitation, Pulmonary Medicine, Radiology, Rheumatology, Sports Medicine, Urology, Vascular Offices: Professional Medical Offices -Independent of clinic Dentists { Optometrists Podiatrists Physical Therapists Offices: Alternative Medicine Naturopath Homeopath Mid Wives Chiropractors Offices: Professional/Governmental Attorneys Accountants Appraisers Real Estate Brokers Surveyors Other professional offices All State/Federal/County Municipal Offices Education Facilities Conference center Health Information center Library Support Groups Meeting Facilities School Outreach Programs Outpatient Support Facilities Waiting areas Dining Entertainment Overnight accommodations A 1998055 /A01''0 Telecommunications center Out reach Programs Research Facilities Laboratory Prosthesis assembly/manufacture Long Term care Facilities Nursing Home Skilled care Assisted care Independent Living Congregate Housing Residential Facilities Multi -family dwellings includes rental and unit ownership Elderly & Retirement Housing Ronald McDonald House & Similar Foster/group homes Boarding house Community residential facility Single family dwelling Wellness Facilities Athletic club/weliness 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 17 Specialized Centers Mental Health Women's Diet Centers Youth Residential Care Government Facilities: Related to Health Indian Health Services Veteran's Social Services Job Training & Vocational Rehabilitation Food Bank Community & Volunteer Program offices United way American caner Association American Lung Association Pregnancy Counseling Blood Banks Life styling center Daycare Facilities Adult Group Child Handicap Centers Preschool Other Cemetery, Mortuary, Funeral Home Church Park Community center f 1998055 Section 1 . Landscaping: Landscape treatment required for all lots shall consist of a combination of turf, shrubs, and trees. i 19980,"� Iaa3A Landi : The following guidelines, adapted from the Kalispell Zoning ordinance (chapter 27.26), apply to all parking areas for over four (4) vehicles and service drives. A minimum of five percent (5%) of the total parking lot area shall be landscaped. Landscaping is encouraged within the parking lot in the form of islands and along the perimeter of the parking lot for the purpose of providing a visual relief between a public street and the parking lot. The island landscape buffer shall consist of planting materials or planting materials and manmade features to create a visual relief buffer in the form of a hedge, planter box, berm, shrubbery, or a combination of the above. Species. Kathryn Dykes Potentilla Broadmoor Juniper Emerald Mound Honeysuckle all i - T ■ - ■ Section 1. . All structures to be constructed on the land described as all that land shown on and described as Parcel 4 of certificate of Survey No. 12409, and Parcel 4 of certificate of Survey No. 13186, Records of Flathead county, Montana, shall be limited to the following exterior materials: Masonry Giant Brick Stone Architecturally finished concrete cast -in -place Architecturally finished concrete prefabricated panels Synthetic Stucco Prefinished panels with anodized aluminum finish Concrete Black (in visually obscure areas only) Textured or 'Architectural' concrete Block (in visually obscure 9 1998055/a;(30 areas only) Anodized aluminum panels Prefinished Architectural Metal Panels Synthetic Stucco Prefinished cedar Anodized aluminum panels Prefinished Architectural Metal Panels Synthetic Stucco Prefinished cedar Prefinished pressboard Prefinished Architectural Metal Roofing Deep Profile Prefinished Metal Roofing (Light gauge, "common" economy grade is prohibited) Cedar Shakes and Shingles, Blue label and Fire resistant treated Exposed Hypalon, Single ply EPDNI, and/or Built-up Roofing is expressly prohibited) Frames and Materials Commercial grade thermally -broken anodized aluminum frames Enamel finished pressed metal frames (on nonpublic entrances) Glazing Double or triple glass panels Low-E type panels Energy saving features (reflective coatings, argon gas, "Heat Mirror", special internal coatings et. al.) Energy saving features (reflective coatings or finishes impacting appearance) 10 1998055 / ->,) 0 F. QQ1QrS: Applied Finishes - predominantly earth tones Natural coloration of masonry, stone Accent colors Clear Sealers Semi --transparent stains ■ Section 1. Minimum lot sizes shall be 7,000 square feet with a minimum lot frontage of 70 feet. Residential multiplexes in this I -and use pod shall be afforded the same opportunities as set forth in the multi -family pod including the creation of sublots. Section 2. Building Size: Each building or other structure shall be constructed, erected and maintained in strict accordance with the approved plans and specifications. Maximum building height shall be 35 feet. Section 3. Setbacks: The rear setback shall be 20 feet except a setback. Side yard setbacks shall be 10 feet, except the setback shall be 20 feet on any side corner. Front yard setbacks shall be Zo feet. Section 4. UtilitLQ5: All utilities including but not limited to power, electric, and telephone shall be underground. Section 5, r i : 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 B. Jemp_Qrary.Str r 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. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste, shall be kept in covered, 11 199"55 /A�30 reasonable airtight containers. Such containers must be kept in a garage or other enclosed area. Section S. Sigosa, No signs, billboards or other advertising structure of any kind shall be erected, constructed or maintained on any parcel for any purpose whatsoever, except such signs as have been approved by the Architectural Review committee. Signage is limited to a .small wall identification/logo sign for each business. A kiosk -type structure shall provide a common entrance and identification sign for all of the business tenants located in the area described as all that land shown on and described as Parcel 4 of certificate of Survey No. 12409 and Parcel 4 of certificate of survey No. 13186, Records of Flathead county, Montana. Section 9. All lot owners shall be responsible for providing on -site parking in accordance with the Kalispell Zoning ordinance for the intended uses. Section 10. Nuisance: No noxious or offensive activity shall be carried on nor shall anything be done or permitted which shall constitute a public nuisance therein. Section 1. Interested Parties: Any owner shall have the option and right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations and charges now or hereafter unposed 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, and in the event of litigation, shall be entitled to attorneys fees. Section 2. Seyerability_: 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. 12 199M551���� MANZI 0 -- l The provisions of these protective covenants are to run with the land and shall be binding upon all parties and all persons claiming under them, for a period of twenty (20) years from the date they are recorded, after which time said protective covenants shall be automatically extended for successive periods of ten (10) years unless an- instrument executed by the owners of seventy-five percent (75%) of the land described as all that land shown on and described as Parcel 4 of certificate of survey No. 12409 and Parcel 4 of Certificate of Survey No. 13186, Records of Flathead county, Montana, has been recorded agreeing to terminate said protective covenants or change them in whole or in part. Each. parcel of land, regardless of size or of any deeded ownership interest in a condominium unit shall be entitled to one vote under this Article. ,i -a .. :.11 t __ W, 01 in I__. This Declaration may be amended by an instrument signed by the owners of seventy-five Percent (75%) of the land described as all that land shown on and described as Parcel 4 of certificate of Survey No. 12409 and Parcel 4 of Certificate of survey No. 13130, Recdrds of Flathead county, Montana, which instrument has been recorded, agreeing to such amendment. Each parcel of land, regardless of size or of any deeded ownership interest in a condominium unit shall be entitled to one vote under this Article provided that in any event an amendment shall not be valid unless approved in writing by the city of Kalispell. IN WITNESS WHEREOF, the Declarant has executed this instrument the day and year first above written. NORTHWEST HEALTHCARE CORPORATION BY= President 13 19980551a�3o STATE OF MONTANA ) SS. County of Flathead ) On this � day of r, 1998, before me, the ndersi.gned, a Notary Public for the State of Montana, personally appeared �. &). , known to me to be the President of Northwest Healthcare Corporation, the Corporation whose name is subscribed to the within instrument, and acknowledged to me that such Corporation executed the same. N WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Public for the State of Montana Residing at��� , Montana My commission expires STATE OF MONTANA, ss County of Flathead I I Recorded at, the request of -�� "A . ..... Y this a � day of 1 19 0/ 00 at 10� • � � o'clock.�'M and recorded in 14 9 (EXHIBIT "H") DEVELOPMENT AGREEMENT THIS AGREEMENT, made as of the 1 7 t."--x"' day of 1995, by Northwest Health Care Corporation, a Montan corporation, of 310 Sunnyview Drive, Kalispell, MT 59901, hereinafter NORTHWEST and the City of Kalispell, a municipal corporation, of 312 1st Avenue East, Kalispell, Montana 59901, hereinafter CITY; WITNES SETH WHEREAS, NORTHWEST is the fee owner of certain real property located in Kalispell, Flathead County, Montana, which is further described in Exhibit A annexed hereto and is hereinafter referred to as 'Subject Property"; and 0� WHEREAS, (i) NORTHWEST desires to have the Subject Property rezoned from RA-1 and B-3 and H-1 to a Mixed Use RA-1 K-� Planned Unit Development (PUD), mapped with certain new streets, highway approaches, and parks and developed pursuant to said zoning change; P g(ii)g NORTHWEST has filed a PUD Application containing (a) a Zone Change Application, (b) a Zone Text Amendment Application, (c) a PUD Narrative Supplement with Exhibits, (d) a Perimeter Legal Description, (e) a Title Report, (f) a set of five(5)Covenant Conditions and Restrictions 3 (CCNR) covering five (5) proposed "pods" within the Subject Property, and (g) Large Map Exhibits; and WHEREAS, in order to allow the PUD, assure the installation of infrastructure improvements within the "Subject Property, and prescribe the permitted uses within the "Pod's", the parties hereto determine it to be in their interests to enter into this Development Agreement, I. GENERAL INTRODUCTION S 1001 General The use and development of the Subject Property shall substantially conform to and comply with the provisions of the PUD Application, February 6, 1995 and the drawings annexed to this Development Agreement. S 1,02 Relationship to Zoning Ordinance Except as specifically modified or superseded by this Development Agreement and the annexed drawings, and the PUD Application, February 6, 1995, the laws, rules and regulations of the City of Kalispell governing the use and DEVELOPMENT AGREEMENT 1 95MGIS680 development of land and buildings, including the City of Kalispell Zoning Ordinance, shall apply to the Subject Property. S 1.03 Drawings The drawings annexed and the PUD Application. dated February 5, 1995 to this Development Agreement are an integral and essential component thereof■ and they are incorporated by reference herein. s 1*04 Effectiveness and cancellation The provisions of this Development Agreement shall became effective simultaneously with the approval of the PUD Ordinance by the City Council of the City of Kalispell and shall terminate upon the issuance of a building permit(s) for development of the last "pod" on the Subject Property. This Development Agreement may be modified or amended only as set forth in Article V hereof. S 1.05 Certification Procedure Whenever in this Development Agreement a certificate by the Director of Public Works is required to be given, such certificate shall be given within thirty (30) days of the receipt of a completed application therefor. Such an application shall be deemed to be complete upon receipt of such drawings and narrative information as are reasonably necessary for the issuance of such certification. II. PARCEL DESCRIPTION S 2.01 The Subject Property, described in Exhibit "A", shall be developed with the infrastructure improvements described in S§ 3.01 and 3.02, The Subject Property shall be surveyed and divided, immediately, into five (5) parcels (Pods), pursuant to 75- 3-207 (1)(a), MCA, as indicated on the Large Map Exhibits accompanying the PUD Application, provided however that no building permit shall be issued on any of the five (5) parcels unless and until all improvements specified in this Agreement as well as those infrastructure improvements which may be required by the City of Kalispell's Standards for Design and Construction are either constructed or security provided guaranteeing construction of said improvements for that particular "Pod" upon which a building permit is requested. DEVELOPMENT AGREEMENT 2 9.527G/30680 III. SITE CONDITIONS S 3,01 Access I) All accesses to the Subject Property shall be engineered and constructed in accordance with City of Kalispell's Standards for Design and construction. A) The only access to the Subject Parcel from U.S. Highway #93 shall be located directly across from Northridge Drive. B) Heritage Way may be abandoned, at the direction of the City, between its intersection with U.S. Highway #93 and the Westerly boundary of Heritage Place, 1st Addition, Kalispell, Flathead county, Montana at the time the access described in (A), above, is constructed. C) Access to the Subject Parcel by way of extension of Windward Way shall commence at Windward Way's intersection with Heritage Way and shall be constructed as a condition to issuance of a building permit for any of the following "Pods': the Northerly Professional/Medical Facilities " Pod" , the Multi -Family " Pod" , or the Single Family "Pod", as designated in the PUD Application. D) Access to the Subject Parcel by way of a street off of Grandview Drive shall commence at the Northerly terminus of the present S-curve on Grandview Drive and shall be constructed in conjunction with construction on the Multi -Family "Pod" , or the Single Family " Pod" , as designated in the PUD Application. E) If access to the Southerly, Professional/Medical Facilities "Pod" of the Subject Property is to be by way of Sunnyvi.ew Lane, prior to issuance of any building permits for construction on the Southerly, Professional/Medical Facilities "Pod" Sunnyview Lane shall be subject to a traffic analysis based upon the traffic impacts anticipated as a result of development. II) All streets constructed to provide access to the various "Pods" shall be dedicated to the city after the acceptance of said streets by the Director of Public Works. DEVELOPMENT AGREEMENT 3 95276JSbVO S 3*02 Sewer and Water I} All sewer and water utilities servicing the various "Pods" shall be engineered and constructed in accordance with the City of Ida 1 i spe l l' s Standards for Design and Construction. II) All sewer mains and lift stations and water mains constructed in the development of any of the "Pods" shall, upon completion by developer and acceptance by the Director of Public Works, become the property of the city and the city shall thereafter provide for the maintenance and operation of the systems therein constructed and accepted. III) Easements, and as-builts, necessary for the maintenance, operation and replacement of the sewer mains and lift stations and water mains shall be supplied by the developer prior to acceptance by the City. IV) Sewer and Water Utilities, and Roads applicable to the respective "Pods" shall be installed as follows A) Single Family "Pod" i) Water mains shall be installed, with services to the property line, in all roads within the "Pod, as shown in the PUD Application, dated March 6, 1995. Minimum extension limits shall be the "Pod" boundaries on the North, South, East and West sides. Mains shall be connected to the existing water system at the intersection of Heritage Way and Windward Way, and at Indian Trail, and shall be installed as a loop through the Single Family " Pod" . sewer mains for this or any other free standing "Pod" shall begin at the existing sewer main in Grandview Drive at the Northeast end of the Subject Property, The sewer mains shall be extended to a point adjacent to any lot to be served, and services installed to the property line. Mains installed as part of this "Pod" shall be extended to the boundaries with the Multi - Family " Pod" , the Northerly Professional/Medical Facilities "Pod" and the Southerly Professional/Medical Facilities "Pod", as shown on the PUD Application, dated February, 6,1995. DEVELOPMENT AGREEMENT 4 95271641'*686 B) c) iii} Roadways for this Way with Grandview through the *Pod' Application, dated Multi -Family "Pod" rPod" must connect Windward Drive with a parallel loop as shown on the PUD February 6, 1995. i} Water mains shall be installed, with services to the property line, in all roads within the "Pod", as shown on the PUD Application, dated February 6, 1995. A main connecting to the existing mains at the intersection of Heritage Way and Windward Way, and Indian Trail shall be installed with stub outs to accommodate future extensions in the Single Family " Pod" , if the water utilities are not then in place. ii} Sewer mains for this `Pod" shall be extended beginning at the existing sewer main in Grandview Drive at the Northeast corner of the Subject Property. Manholes and stub outs shall be provided to accommodate future extensions in the Single Family "Pod", if the sewer is not then in place. Sewer mains installed must have services extended to each lot to be served. iii} A roadway connecting Grandview Drive and U.S. Highway #93 at Northridge Drive and fronting the "Pod" shall be constructed as part of the Pod' , or a temporary cul-de-sac at the boundary of this r Pod" with the boundary of the Retail/commercial office "Pod". water and Sewer improvements associated with the roadway extension beyond the boundaries of this "Pod" shall be completed with the development of the " Pod" , if the extended roadway is paved rather than bonded. Retail Commercial/Of fice "Pod" i} Water mains, with services to the property lines, shall be installed in all roads within the °` Pod" . A main connecting to the existing water system at Heritage way shall be installed and looped within the "Podgy' as shown on the PUD Application, dated February 6■ 1995, DEVELOPMENT AGREEMENT 5 95276/'Nv- �_690 ii) The Sewer main extension, with services to the property line, for this r Pod" shall begin at the existing sewer main located in Grandview Drive at the Northeast corner of the Subject Property. Manholes and stub outs shall be provided to accommodate future extensions of the Single Family " Pod" , the Multi --Family "Pod' and/or the Northerly Professional/Medical Facilities " Pod" if the "Pods" have not been developed. iii) Roadways, as shown on the PUD Application, dated February G, 1995, shall be constructed throughout the "Pod". Temporary dead end roads must meet the turn -around requirements of the Kalispell Fire Department. D) Northerly Professional/Medical Facilities "Pod" Development of this "Pod" is dependent on water, sewer and roadway improvements of the adjacent Pods". This "Pod" shall not be developed until all improvements have been completed for the Single Family " Pod", the Multi -Family " Pod" and the Retail commercial Office " Pod" . E) Southerly Professional/Medical Facilities "Pod" i } This " Pod" is independent f rom other " Pods" with respect to water supply. Water main improvements shall be installed throughout the " Pod" , as required by the city of Kalispell's Standards for Design and Construction. ii) Sewer main extension for this "Pod" shall begin at the existing sewer main in Grandview Drive at the Northeast corner of the Subject Property and extended through the Single Family *Pod". iii) Roadways in this "Pod" may be independent from the rest of the Subject Property, DEVELOPMENT AGREEMENT 6 9527645-00 S 3*03 Storm Sewer, Roadways, Traffic Signal, Signage and Accessory Uses I} All storm sewer utilities servicing the various OPods" shall be in accordance with the PUD Application, dated February 5, 1995. p. 17, entitled Storm Drainage, and engineered and constructed in accordance with the City of Kalispell's Standards for Design and Construction. II) All roadways shall be in accordance with the PUD Application, dated February 6, 1995, p. . and engineered and constructed in accordance with the City of Kalispell's Standards for Design and Construction. III) Upon written verification of need and request by the MDOT for a traffic signal at the intersection of U.S. Highway #93 and Northridge Driver thereafter any "Pod" that has not received building permit approval shall be required as a condition to the issuance of any building permit to erect said traffic signal as a condition. IV) Accessory Uses for all "Pods" are as set forth in the City of Kalispell Zoning Ordinance. V) All signage shall be as set forth in the PUD Application, dated February 5, 1995. The proposed kiosk sign shall qualify for the r common signage" provision of the Kalispell Zoning Ordinance, but said free standing signs shall be limited to a maximum height of 20 feet. All wall signage shall be limited to a maximum of 36 square feet per individual business frontage. IV. DEVELOPMENT STANDARDS AND USE REGULATIONS S 4.01 Single Family "Pod" I} Permitted Uses within the Single Family "Pod" shall conform to the Declarations of Covenants. Conditions and Restrictions. Buffalo Commons (Single Family) contained in the PUD Application, dated February 6, 1995. II) Property Development Standards with the Single Family "Pod" shall conform to S 27.06.040, City of Kalispell, Zoning Ordinance, S 4.02 Multi -Family "Pod" I) Permitted Uses within the Multi -Family "Pod" shall conform to the CCNR, Buffalo Commons (Multi -Family) DEVELOPMENT AGREEMENT 7 sssisasa contained in the PUD Application, dated February 6, 1995. II} Property Development Standards within the Multi -Family "Pod" shall conform to S 27,09,040, City of Kalispell, Zonin Ordinance . S 4.0 3 Retail, Commercial, Office 'Pod" I} Permitted Uses, Property Development Standards and Sign Standards within the Retail, Commercial, Office "Pod" shall conform to the CCNR, Buffalo Commons (Retail,, Commercial, Office). S 4.04 Professional/Medical Facilities OPod" I} Permitted Uses, Property Development Standards within the Professional/Medical Facilities "Pod" shall conform to the CCNR, Buffalo Commons (Professional/ Medical Facilities), contained in the PUD Application, dated February 5, 1995. V . AMENDMENT OR MODIFICATIONS OF DEVELOPMENT AGREEMENT S 5,01 I) This Development Agreement may be amended or modified only, by application of the owner, in accordance with the procedures set forth herein. III Application for amendment or modification may be made, to the City of Kalispell Site Review Committee, by any fee owner or ground lessee of a 'pod" in respect to the Subject Property. For purposes of this Article, "fee owner" shall not include the owner of an individual unit located in a "pod" owned in whole or in part pursuant to the Unit Ownership Act --- Condominiums, Title 70, Chapter 23 Montana Cade Annotated (or any successor statutes), but shall include the Architectural Review Committee of such r pod" . III) A) Modifications of this Development Agreement which are determined by the Site Review Committee to be minor modifications shall require only the consent of the Site Review Committee, and shall not require the consent or approval of the City Council or any other public agency. DEVELOPMENT AGREEMENT 8 9,527*,.5P-680 B) All amendments and modifications to this Development Agreement other than minor modifications shall require the approval of the City Council of the City of Kalispell. IV) A) All applications for modification or amendment of this Development Agreement shall be filed with the Site Review Committee and the Site Review Committee shall promptly determine whether the modification is minor or major. B) The Site Review Committee shall make its determination with respect to any application for a minor modification subject to this Section within fifteen ( 15 ) days after it determines the application to be subject to said minor modification, C) If the amendment or modification requested is of such a nature as to require approval of the city Council. the Site Review Committee shall refer the matter to the City council within fifteen (15) days after it determines the matter requires Council review. D) The owner may appeal any decision of the Site Review Committee to the City Council, who may affirm, reverse or modify the Site Review Committee decision. VI. CONSTRUCTION PHASING S 5.01 General Requirements I. No building permit in respect to the building in any "Pod" shall be issued by the Building Department until: A) The Zoning Administrator has certified to the Building Department that proposed building(s) substantially conform to S IV, Development Standards and Use Regulations, and the CCNR's for the appropriate r Pod" . B) The Director of Public Works has certified to the Building Department that the infrastructure improvements and roads required as shown on the drawings submitted by the developer of the "Pod" substantially conform to S III. Site conditions contained in this Agreement and that said improvements have been constructed or security guaranteeing the construction has been received by the City. DEVELOPMENT AGREEMENT 9 95276/S"O 9 C, For purposes of this Section, the "Security' required shall be in an amount equal to 100% of the developer's Licensed Engineer's estimate of the cost of constructing said improvements. VII. SEQUENCING S 7,01 GENERAL I} The "Pods" and their associated portions of the Common Area are intended to be as stand-alone developments within the Subject Property. The sequencing of infrastructure improvements must conform to the requirements of SS 3,01 through 3.03 of this Agreement. II) The .infrastructure improvements, under SS 3.01 through 3.03, associated with the individual "Pods" located on the Subject Parcel shall be substantially completed on or before July 1, 2007, unless an extension for the development is granted by the City Council. If said infrastructure improvements, required within the respective "Pods" of the Subject Parcel, are not completed, and no extension received, the council shall redesignate the undeveloped portion of the Subject Property in accordance with the City of Kalispell Zoning Ordinance, 5 8.01 5 8.03 VII=. MISCELLANEOUS EFFECTIVE DATE This Agreement shall be effective on the date the Ordinance approving Northwest's Planned Unit Development is adapted and shall remain in full force and effect until all "Pods" within the Subject Property are developed or July 1, 20071 which ever occurs first. SEVERABILITY In the event that any provisions of this Declaration shall be deemed, decreed, adjudged or determined to be invalid or unlawful by a court of competent jurisdiction, such provision shall be severable and the remainder of this Agreement shall continue to be of full farce and effect. RECORDATION This Agreement recorded with property. shall be recorded along with the CCNR's respect to the "Pods" within the Subject DEVELOPMENT AGREEMENT 10 95276i'�SD8 0 S 8.04 ENTIRE AGREEMENT -- PRIMACY This Agreement constitutes the entire agreement between the parties and may only be amended as set forth herein. In the event, during the term of this Agreement, there is a variance between the provisions of this Agreement and the CCNR's, filed with respect to the individual "Pods", this Agreement shall take precedence. 5 8105 BINDING EFFECT This Agreement shall be binding upon and inure to the benefit of the respective parties heirs, successors and assigns. Dated this day of May. 1995. NORTHWEST HEALTH CARE, INC. Y B , r f Its: CITY OF KALISPELL BY; Its: DEVELOPMENT AGREEMENT 11 9S27GJJ0-05a0 STATE OF MONTANA ss County of Flathead ) Can this 2 dEay of , 1995, before me, the undersigned, a Notes Public for the State of Montana, personally appeared of Northwest Health Garen Inc,, the corporation that executed the foregoing instrument, and the person who executed said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed ,sTy" �k6ta ;.ial Seal the day and year in this certi f icate f irst above rr r A ,q y Notary Public , tate of M ntana Residing at.�.� 4 g ^5 ` ••' My Commission expir s sf^ .2�'' �. OF STATE OF MONTANA ) ss County of Flathead ) On this , ,z 7-4' day of .. 1995, before me, a Notary Public in and for the State of Montana, personally appeared Bruce Williams, known to me to be the City Manager of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposes therein set forth, and that he was duly authorized to execute the same on behalf of said municipality. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. f Notary Pub ic, State of Montana Residing a Kalispell, Montana My Commission expires DEVELOPMENT AGREEMENT 12 95 2 7sA5 v8� EXHIBIT "A" Those portions of Government Lots 5, 6, 8, and 13, Section 5, 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. 12409 as parcels One (1) through Five (5), on file and of record in the office of the Clerk and Recorder, Flathead County, Montana. STATE OF MONTANA, ss County of Flathead Recorded at the request of L � U j this �OALday of _ , 19at v� -o'clock)PM and recorded in the records of Flathead County, State of Montana. Fee $ Pd. �-�✓ � .�•�. ' -, 0,9 Flathead Copnty Clerk corder RECEPTION NO. 952`�6,C5"O�Q RETURN To- J- C,� /2 Cxa /99 ��ty DEVELOPMENT AGREEMENT EXHIBIT "A"