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Supportive Documents and Graphics
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30 -_ w, ° #- * Land Planning & Landscape Architecture: Sitescape Associates
36. 35 U r +' Civil Engineering: Carver Engineering
Surveyor: Sam Cordi, Surveyor
Geo-Technical: CMG Engineering Inc.
' Date: June 2, 2008
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Table of Contents:
1- PUD Application
2- Legal Description
3- Property Boundary and Topography
4- Surrounding Development Map
5- Composite Site Analysis Map
6- Soils Classification Map
7- Existing Growth Policy and Zoning Maps
8- Master PUD Plan
9- PUD Phasing Plan
10- Schematic Landscape Plan
11- Single -Family Lots Exhibit
12- Townhome Exhibit
13- Assisted and Independent Living Area Exhibit
14- Condo or Apartment Area Exhibit
15- Preliminary Civil Engineering C1
16- Preliminary Civil Engineering C2
17- Design Standards Document
18- Covenants, Conditions and Restrictions Document
Under Separate Cover
A- Traffic Impact Study
B- Preliminary Geo-technical Investigation
C- Certified Adjacent Landowners List
"' I I J Introduction:
The following pages include the PUD application and both
supportive graphic and textual material for the proposed
Valley Ranch Planned Unit Development.
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pL uM,:x Deve2O(�s.�.x
City of Kalispell
Planning Department
17 - 2,d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD)
PROJECT NAME Valley Ranch Planned Unit Development
NAME OF APPLICANT: Gateway Properties Inc. (attn.: Brent Card)
2. MAIL ADDRESS: P.O. Box 8776
3. CITY/STATE/ZIP: Kalispell, MT 59904 PHONE: Brent Card 249-7317
NAME AND ADDRESS OF OWNER IF DIFFERENT THAN APPLICANT:
4. NAME:
5. MAIL ADDRESS:
6. CITY/STATE/ZIP:
7. TECHNICAL ASSISTANCE:
S. MAIL ADDRESS:
9. CITY/ STATE/ ZIP:_
PHONE:
PHONE:.
If there are others who should be notified during the review process, please fist those.
Sitescape Associates, Attn: Bruce Lutz, 892-3492, Box 1417, Columbia Falls
Check One:
X Initial PUD proposal
Amendment to an existing PUD
A. Property Address:
B. Total Area of Property: 80.68 Acres
C. Legal description including section, township &, range:
Tract 2, Tract 3, Tract 2J and Tract 2BC, Section 19, T29N, R21W, Flathead
County, Montana.
D. The present zoning of the above property is: Kalispell R-2
E. Please provide the following information in a narrative format with supporting drawings or
other format as needed:
a. An overall description of the goals and objectives for the development of the project.
The proposed Valley Ranch development is situated on 80.68 acres of land south of
the existing Ponderosa residential subdivision, east of the Big Mountain Golf Club,
north of Bucky Wolford's proposed Glacier Town Center, and northeast of the
Montana National Guard facilities. The proposed Planned Unit Development calls for
85 residential lots, 33 townhouse lots and a future assisted and independent living
facility with up to 104 units and an apartment -condo area that can accommodate
160 units. The perimeter of the development adjacent to the Ponderosa
development is proposed with lots that average 1/3 acre in size and larger. This
complies with a request by the Ponderosa Homeowner's Board of Directors. Lots on
the internal areas of Valley Ranch range from 8,146 square feet to 38,233 square
feet some of which are alley access/loaded. The 33 townhouse lots range in size
from 3392 to 7421 square feet.
The proposed 21.22 acre open space area will be governed by the homeowner's
association with portions of the large open space/park areas offered to the City of
Kalispell for public park space. The area comprises 26% of the gross area and 32
of the net area of the PUD.
b. In cases where the development will be executed in increments, a schedule
showing the time within phase will be completed.
A phasing plan is attached with the PUD Plan and relies initially on a connection
with Rose Crossing via a route south through Glacier Town Center. Phase One will
include single-family Lots 28-45, townhouse Lots 1-8, The Assisted Living Project
and the Apartment -Condo Project. See attached Phasing Plan.
C. The extent to which the plan departs from zoning and subdivision regulations
including but not limited to density, setbacks and use, and the reasons why such
departures are or are not deemed to be in the public interest
Departures from Kalispell R-2 standards facilitated by the PUD overlay are as
follows:
Density (gross per acre) = 3.44 without the Assisted Living Project and
4.73 du/acre with the Assisted Living Project
Townhouses, attached (2 or more) = CUP
Minimum Lot Area = 9600 SF
Minimum Lot Width = 70 LF
Minimum Yard (Setbacks):
Front = 20 Ft
Side = 10 Ft
Rear = 10 Ft
Proposed = permitted w/ PUD
Proposed = 8,146 SF
Proposed = No Change(S-F Lots), 32
LF(TH Lots)
Proposed = No Change
Proposed = No Change
Proposed = No Change to Gtr than 10 Ft
(see plan)
Side Corner = 20 Ft Proposed = No Change
Maximum Building Height = 35 Ft Proposed = No Change
Permitted Lot Coverage = 35 % Proposed = No Change
Assisted/Independent Living Units Proposed Future PUD Amendment
The above departures from Kalispell R-2 zoning and subdivision standards adhere
very closely to the land use goals set forth on the Kalispell Growth Policy Map 2006
and text that calls for suburban residential development in this area at a density up
to four units per acre.
The nature and extent of the common open space in the project and the provisions
for maintenance and conservation of the common open space; and the adequacy of
the amount and function of the open space in terns of the land use, densities and
dwelling types proposed in the plan;
Valley Ranch proposes to allocate 21.22 acres of the total area of the project to
open space in the form of neighborhood parks, perimeter buffers and accent areas
at project gateways. The smaller scale open space dedications will be part of the
Valley Ranch Homeowner's Association open space while the larger in -holdings will
either be offered for public parks or be maintained as private parks. One of the
larger internal parks is located adjacent to the west side of Ponderosa Subdivision
thus making for a generous sized open space transition between two residential
developments. The park area south of Ponderosa Subdivision is a special site with
mature trees and interesting topography. Valley Ranch creates a 100 foot wide
linear park north of Lots 48-56 which will make a great site for passive recreation
and excellent views of the valley floor and beyond.
The manner in which services will be provided such as water, sewer, storm water
management, schools, roads, traffic management, pedestrian access, recreational
facilities and other- applicable services and utilities.
Please see the attached preliminary water, sewer and storm drainage plan prepared
by Carver Engineering.
Water supply, sewage collection, storm water collection/disposal, roadways, and
sidewalks will be designed and constructed to City of Kalispell Public Works
standards These facilities are to installed by the Developer at his expense, granted
to the City of Kalispell after completion of construction, and owned, operated and
maintained by the City permanently.
The internal water distribution system will be a network of 8-inch diameter water
mains. This distribution network will connect to and receive its supply from the
existing 14-inch diameter PVC water transmission pipeline that was constructed
along the east side of the US Highway 93 right-of-way to serve the Silverbrook
development further north of this project. Fire hydrants will be installed at street
intersections and, between intersections, at intervals as required by Kalispell Fire
Department. Provisions will be included in the water pipe layout to allow future
main extensions southward from Valley Ranch into the proposed Glacier Town
Center and eastward into the presently undeveloped ground east of Valley Ranch.
Individual water services will be provided of reach lot.
Sewage collection will be provided by 8-inch diameter and larger gravity sewer
collection mains. As many of these sewer mains as possible will be designed to
gravity flow to the existing 18-inch diameter PVC sewer main located along the east
edge of the Highway 93 right-of-way and was installed for the Silverbrook
Development. Two sewage pump stations are required to serve those areas that
cannot reach the Silverbrook main by gravity. One of these sewage pump stations
is located in the southern part of the subdivision near Lots 14 & 15 and the other
pump station is situated at the intersection of Plentywood Loop and Round -Up Road
near townhouse Lots 14 & 15. Neither pump station is located within park land but
rather both are on open space land. Manholes will be provided at intersections,
changes in alignment and grade, and at intervals of no more than 400 feet along
straight runs. The City of Kalispell is presently formulating plans that will define
how sewage from the north side of Kalispell will be conveyed to the wastewater
treatment plant. The general concept is that a new separate piping system
commonly referred to as the Stillwater Road interceptor is necessary to handle
wastewater flows from new developments on the north side of town. This
interceptor is not yet designed nor built, but development pressure in the area
continues to increase, so it is anticipated that sometime soon the City will begin
tackling this problem. The scope of the conveyance system necessary for the entire
north side of Kalispell is too huge for any one developer to undertake. The City of
Kalispell is the best position to make the necessary improvements happen and must
focus some energy on the process sometime soon if the piping is to be in place
when needed to meet the time frames of the various projects already approved and
those contemplated in the near future.
Roadways will be designed and constructed to City of Kalispell standards, including
paved roadways and alleys, concrete curb and gutter, landscaped boulevards. street
trees, concrete sidewalks, and underground dry utilities (electric, telephone and
cable TV) installed behind the sidewalk along the front of the lots.
Lots will be graded to drain to the roadways and alleys, where runoff will be
collected by a combination of curbs and gutters, catch basins and piping. The site
will be graded to drain runoff to designed low points, where the storm water runoff
will be collected and conveyed to storm water ponds. Rather than collect, convey
and concentrate all the runoff from the entire site at a single point, storm water
treatment will be decentralized. A number of treatment and disposal sites will be
provided in open spaces scattered throughout the site. Each system will serve only
a part of project area. Storm water will be treated to remove sediments, oils and
grease in conformance with the regulations recently adopted by the City of
Kalispell. Retention ponds will hold storm water and allow it to slowly percolate
into the ground. Pond volumes will be set to contain a 100 year storm event.
There are no drainage outlets available to which the overflow of larger volumes can
be routed, so the pond system must be established very conservatively to insure
that home sites, roadways and other properties are not inundated by storm water
from extreme events.
Also, please see the attached newly revised Traffic Impact Study prepared by WGM
Group. The site is near new shopping centers as well as a regional athletic complex
(KYAC), the new Glacier High School, Flathead Valley Community College and is
across the highway from an existing golf course. It is also just south of an existing
residential development by the name of Ponderosa that was conceived during the
late 1970's.
It is important to note that the two ingress/egress points on Highway 93 from
Valley Ranch are proposed as right turn in, right turn and left turn in. Valley Ranch
relies on connectivity with Glacier Town Center in order to achieve a roadway link
with a through road that connects Rose Crossing with Highway 93. It is also
assumed that there will be a traffic signal at the Rose Crossing and Highway 93
intersection that will facilitate a left hand turn towards Kalispell.
f. The relationship, beneficial or adverse, of the planned development project upon
the neighborhood in which it is proposed to be established
The area proposed for the Valley Ranch project has been transitioning from rural
and semi -rural suburban development to suburban -urban residential for the past
several years. The Kalispell Growth Policy shows the subject property located firmly
in the suburban residential growth zone around the City's fringe. Old and new
developments such as Ponderosa and the newly proposed Glacier Town Center are
examples of this trend. The development of the Silverbrook PUD in the vicinity of
the proposed Church Drive Interchange will facilitate the extension of Kalispell's
water and sewer infrastructure past and adjacent to Valley Ranch's west perimeter.
Valley Ranch will provide a good land use transition from the more aggressive
Glacier Town Center Project to the existing Ponderosa Subdivision.
g. How the plan provides reasonable consideration to the character of the
neighborhood and the peculiar suitability of the property for the proposed use.
The proposed plan conforms to the stipulations set forth in the current Kalispell
Growth Policy calling for suburban residential development not exceeding four
dwelling units per gross acre. The proposed plan provides for efficient use of land
for residential housing while encouraging the generous dedication of common and
comprehensively maintained open space.
h. Where there are more intensive uses or incompatible uses planned within the
project or on the project boundaries, how will the impacts of those uses be
mitigated.
The plan for Valley Ranch incorporates a minimum twenty foot wide buffer around
the entire site. The project open space will be landscaped and maintained by a
homeowner's association set forth in the attached covenants. The more intensive
uses within the project that are facilitated by the PUD overlay are the 33 townhouse
lots, the assisted/independent living facility and the apartment/condo area. The
townhouse lots and apartment condo area act as a transitional use between external
commercial uses and the internal single-family lots that will make up the core of
Valley Ranch. The assisted living/independent living facility is located internally in
the southern portion of the project and will create an island of open space and
architectural diversity within the residential core of the project, including rather
than isolating the elderly component of Valley Ranch.. The assisted
living/independent living facility will generate much less traffic than the single-
family and townhouse units.
i. How the development plan will further the goals, policies and objectives of the
Kalispell Growth Policy.
The proposed plan is intended to fit within the stipulations set forth in the Kalispell
Growth Policy as revised in August of 2006. The subject area is designated as
"suburban residential" allowing for up to four units per gross acre. The future
assisted/independent living facility will take the proposed development just slightly
above the 4 unit per acre threshold. However, the traffic generated by the future
living facility will be considerably less than the adjoining residential development.
The Growth Policy Map also illustrates future north/south and east west
transportation corridors that will disperse traffic and alleviate congestion in and
around the site. This project along Glacier Town Center will expedite the expressed
goal of extending Rose Crossing from Whitefish Stage to Highway 93 and also the
extension of a route north from Rose Crossing to Valley Ranch through the Wolford
Project. Traffic leaving either project and heading north will have two alternative
routes through Valley Ranch.
Include site plans, drawings and schematics with supporting narratives where
needed that includes the following information:
(1). Total acreage and present zoning classifications;
See Plan, 80.6 Acres Kalispell R-2 Zone
(2). Zoning classification of all adjoining properties;
See Attached Zoning Exhibit
(3). Density in dwelling units per gross acre;
See Plan
(4). Location, size height and number of stories for buildings and uses
proposed for buildings;
Plans will be submitted for the assisted /independent living facility in
the future accompanying a PUD modification appiicationl.
(5). Layout and dimensions of streets, parking areas, pedestrian
walkways and surfacing;
See PUD and Preliminary Engineering Plans
(6). Vehicle, emergency and pedestrian access, traffic circulation and
control;
See PUD and Preliminary Engineering Plans
(7). Location, size, height, color- and materials of signs;
The development signage will be located on the north side of the main
entry roads. The signs will be a monument style signage utilizing the
project logo and made of stone and wood elements used as landscape
accents. The signs will conform to the Kalispell Sign Ordinance.
(8). Location and height of fencing and/or screening;
No fencing is proposed at this time. A preliminary landscape plan
(9). Location and type of landscaping;
A preliminary schematic landscape plan showing street trees
screening and buffering is attached.
(10). Location and type of open space and common areas;
See PUD Plan
(11). Proposed maintenance of common areas and open space;
See Covenants
(12). Property boundary locations and setback lines
See PUD Plan
(13). Special design standards, materials and / or colors;
See Architectural Standards
(14). Proposed schedule of completions and phasing of the development, if
applicable;
See PUD Plan
(15). Covenants, conditions and restrictions;
See Covenants
(16). Any other information that maybe deemed relevant and appropriate
to allow for adequate review.
SEE ATTACHED PLANS, TRAFFIC IMPACT STUDY and other
supplemental information. Covenants, Architectural Standards
and a Preliminary Landscape Plan will be submitted as
supplementary information.
If the PUD involves the division of land for the purpose of conveyance, a preliminary plat shall be
prepared in accordance with the requirements of the subdivision regulations.
Please note that the approved final plan, together with the conditions and restrictions imposed,
shall constitute the zoning for the district. No building permit shall be issued for any structure
within the district unless such structure conforms to the provisions of the approved plan.
The signing of this application signifies that the aforementioned information is true and correct
and grants approval for Kalispell Planning staff to be present on the property for routine
monitoring and inspection during review process.
(Applicant Signature) (Date)
Le -gal Description
Valley Ranch Planned Unit Development
That portion of land situated and lying in the West Half (W'/z) of Section 19, Township 29 North, Range 21 West, Principal Meridian Montana, Flathead County, Montana,
described as follows:
Government Lot 2 (shown as Tracts 1 & 2 of Certificate of Survey No. 4491, records of Flathead County Montana), the North Half (N'/z) of Government Lot 3 (shown as Tract
3 of Certificate of Survey No. 4491, records of Flathead County Montana), and the Northeast Quarter of the Southwest Quarter (NE'/4 SW'/z - shown as Tracts 7 & 8 of
Certificate of Survey No. 4491, records of Flathead County Montana).
EXCEPTING THEREFROM THE FOLLOWING TRACTS OF LAND:
Tract 1 of Certificate of Survey No. 5324, records of Flathead County, Montana, located in the North Half (N'/z) of Government Lot 3 of Section 19, Township 29 North, Range
21 West; Principal Meridian Montana, Flathead County, Montana and
Tract 1 of Certificate of Survey No. 5975, records of Flathead County, Montana, located in the South Half (S'/�) of Government Lot 2 and the North Half (N'/Z) of Government
Lot 3 of Section 19, Township 29 North, Range 21 West; Principal Meridian Montana, Flathead County, Montana and
That portion conveyed to the Sate Highway Commission in Bargain and Sale Deed recorded July 9, 1956 in Book 391, Page 408 and conveyed to the State of Montana
Department of Highways in Bargain and Sale Deed recorded July 23, 1996, Instrument No. 96-205-10010, records of Flathead County, Montana and
That portion conveyed to the Sate Highway Commission in Bargain and Sale Deed recorded July 9, 1956 in Book 391, Page 408 and that portion granted to the State of
Montana Department of Highways in Judgment and Final Order of Condemnation recorded January 11, 1996, Instrument No. 96-011-10250, records of Flathead County,
Montana.
METES and BOUNDS DESCRIPTION OF THE SUBJECT PROPERTY:
Commencing at the Southwest corner of Government Lot 4, Section 19, Township 29 North, Range 21 West, Principal Meridian Montana, Flathead County, Montana, which is
a found brass cap, thence North 00' 09' 50" West 3,956.91 feet along the west boundary of Section 19 Township 29 North, Range 21 West, Principal Meridian Montana,
Flathead County, Montana, to the northwest corner of Government Lot 2, Section 19, Township 29 North, Range 21 West, Principal Meridian Montana, Flathead County,
Montana, thence, leaving said west boundary of Section 19, South 89' 39' 45" East along the north boundary of said Government Lot 2, a distance of 95.73 feet to the east
R/W of U.S. Highway 93 and THE TRUE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED; said point is a found rebar with cap stamped #2516S,
thence
Continuing South 89' 39' 45" East along the northbound a ry of said Government Lot 2, a distance of 1,196.53 feet to the northeast corner of said Government Lot 2; said point
is a found rebar with cap stamped #2516S, thence
South 00' 22' 21" East along the east boundary of said Government Lot 2, a distance of 1,318.91 feet to the southeast corner of said Government Lot 2; said point is a found
rebar with cap stamped #2516S, thence
South 89' 36' 28" East along the north boundary of the Northeast Quarter of the Southwest Quarter (NE '/4 SW '/4) of Section 19, Township 29 North, Range 21 West,
Principal Meridian Montana, Flathead County, Montana, a distance of 1,329.98 feet to the northeast corner of said Northeast Quarter of the Southwest Quarter (NE'/4 SW'/4),
thence
South 00' 16' 47" East along the east boundary of said Northeast Quarter of the Southwest Quarter (NE '/4 SW '/4) a distance of 1,321.22 feet to the southeast corner of said
Northeast Quarter of the Southwest Quarter (NE'/4 SW'/4), said point is a found rebar, thence
North 89' 34' 58" West along the south boundary of said Northeast Quarter of the Southwest Quarter (NE'/4 SW 'A) a distance of 1,327.88 feet to the southwest corner of said
Northeast Quarter of the Southwest Quarter (NE'/4 SW '/4), said point is a found rebar with cap stamped #2516S, thence
North 00' 21' 59" West along the west boundary of said Northeast Quarter of the Southwest Quarter (NE IASW '/4) a distance of 660.24 feet to the southeast corner of North
Half (N'/2) of Government Lot 3, of Section 19, Township 29 North, Range 21 West; Principal Meridian Montana, Flathead County, Montana, thence
North 89' 35' 39" West along the south boundary of said North Half of Government Lot 3 a distance of 561.63 feet to the southwest corner of Tract 2 of Certificate of Survey
5975 in said Section 19, records of Flathead County Montana, thence
North 00' 20' 38" East along the west boundary of said Tract 2 of Certificate of Survey 5975 and the east boundary of Tract 1 of said Certificate of Survey 5975 a distance of
928.89 feet to the northeast corner of said Tract 1 of Certificate of Survey 5975, said point is a found rebar, thence
North 89' 40' 37" West along the north boundary of said Tract 1 of Certificate of Survey 5975 a distance of 632.78 feet to a point along the east R/W of U.S. Highway 93, said
point is a found rebar, thence
North 140 28' 57" East along the east R/W of U.S. Highway 93 a distance of 33.77 to a found Montana Department of Transportation 2-inch diameter aluminum cap, thence
Continuing along the east R/W of U.S. Highway 93 North 000 21' 47" East a distance of 499.90 feet to a found Montana Department of Transportation 2-inch diameter
aluminum cap, thence
Continuing along the east R/W of U.S. Highway 93 North 130 40' 24" West a distance of 144.31 feet to a point, thence
Continuing along the east R/W of U.S. Highway 93 North 00' 20' 43" East a distance of 377.40 feet to the point of beginning and containing 80.626 acres of land, more or
less.
VVI / , SEC. 19, T29N, R21 W, P,Me..M.,
FLATHEAD COUNTY, MONTANA
FOR
EARL HOLDECK
DATE: FEBRI-JARY 19, 2oD8
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onderosa Subdivision
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Exhibit 2 - Existing Zoning
The Valley Ranch property is designated as "Suburban
Residential" in the Kalispell Growth Policy and is zoned
Kalispell R-2,Single-Family Residential.
The intent of the district is to provide adequate lot areas for urban residential development;
should have good thoroughfare access, and be in proximity to community and neighborhood
facilities, i.e., schools, parks, shopping areas, etc. This development will normally require all
public utilities. A PUD overlay allows up to 5 units per acre and multi -family housing.
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Total PUD Arm ,. BQ 675 Aa el.. Under" Z&* • MdOfi3O l R-2
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Total Arm In.Suv ! P4vmp - 7.8 acres
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Development Phasing Key
Phase One, Year 1-2
Phase Two, Year -4
Phase Three, Year 5-
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The above pictures exemplify the style of architecture and materials that will be utilized
at Valley Ranch for single-family residences. Please refer to the attached design standards.
Alley -Loaded Smaller Lot (J Constenius Architects, Sitescape)
Street -Loaded Smaller Lot
Alley
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Typical Alley -Loaded smaller lots w/ R2 Setbacks
71
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Typical Alley -Loaded larger lots w/ R2 Setbacks Typical Street -Loaded larger lots w/ R2 Setbacks
Single -Family Lots
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Phase One Townhome Lots
Alley -loaded townhome lots with prescribed R2 setbacks
and 20driveways off of the alley for additional visitor parking
Town�� in addition to two garage parking spaces per unit. Alley loading
leaves the street free of driveways and allows for the planting
of trees and landscaping along the parkway and setback.
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Assisted Living Facility Example - Riverside Assisted Living, Whitefish, Montana
-'
8 The assisted living facility at Valley Ranch will be similar in size
to the Riverside Assisted Living Facility in Whitefish owned and
37 operated by Willowcreek. The assisted living facility will have
` 80 units. The independent living facility will consist of two or
more buildings similar to the Condo/Apartment units on the west
Preliminary Schematic Site Plan side of Valley Ranch but including elevators to access upper levels.
The independent facility will include 24 units. The final layout and
architecture of the site and buildings will be reviewed by the City of
Kalispell as an amended PUD or conditional use permit.
Assisted and Independent Living Facility
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Preliminary Schematic Site Plan
Height not to exceed 35'
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P VALLEY RANCH SUBDIVISION
GARNER ENGINEERING, INC.
PLANNED UNIT DEVELOPMENT
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VALLEY RANCH SUBDIVISION
CARVER ENGINEERING, INC.
PLANNED UNIT DEVELOPMENT
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Consulting Engineers
PRELIMINARY CIVIL LAYOUT
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WATER. SEWER AND
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DESIGN STANDARDS:
Valley Ranch Planned Unit Development
OBJECTIVE OF THE VALLEY RANCH DESIGN GUIDELINES
It is the purpose of these Design Guidelines to protect and enhance the environment of Valley Ranch, to
minimize the disturbance of the existing terrain and vegetation, and to blend development into the setting as
unobtrusively as possible.
The Developer, Design Review Commitee ("DRC") and HOA reserve the right to place liens on properties for
unpaid fines, the right to seek Temporary Restraining Orders for violations of any provision of the Valley
Ranch Design Guidelines, CCR's or HOA By -Laws and reserve the right to any other remedy available to them
under law and/or equity including attorney's fees.
The guidelines are in three parts:
1) Architectural Guidelines
2) Site Development Guidelines
3) Submission, Review, Approval, & Construction
The DRC will administer and enforce these guidelines for all work on Valley Ranch. Eventually, the DRC will
be a functionary of the new Home Community Association. The purpose of the Design Review Committee is to
evaluate the design of a proposed structure or improvement by itself and also within its environment and
neighborhood settings.
The DRC will consist of 3 persons the Developer, and two other individuals whom shall be appointed by the
Developer. Those three parties shall act as the Design Review Committee until such time as management
responsibility is transferred to the Valley Ranch Community Association.
A worthy variance from the literal translation of these guidelines will be considered objectively by the DRC.
Otherwise, the DRC will maintain a consistent application of the intent of the guidelines on an equitable and
uniform basis.
Separately and to be drafted later, the uses for the properties both private and common such as
the parks, trails, parking, firearms, RVs, horses, waste management, roads, easements,
maintenance, etc. and their enforcement, shall be addressed in the "Bylaws" which will be a
section of the Community Association Charter.
Suhject to change. Please confirm with the Design Review Committee as to the most updated version
L ARCHITECTURAL GUIDELINES
z____ _ _
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A. DESIGN CHARACTER
The design character should appear integral with its environment instead of standing out against it. The
design character of a residence should be considered uniformly from all sides, not just the front or rear
elevations, and all elevations should maintain the same visual integrity, cohesiveness and design detail.
Particular attention should be given to the relationship of the elevation of the respective floor levels and
the comparative overall massing of the structures from one lot to another.
Building forms, materials and colors must blend with and complement rather than compete with the
natural landscape. Emphasis on muted colors is essential. It is suggested that long, unbroken walls and
roofs be avoided; while vertical and horizontal offsets need to be included. To further reinforce this
concern for scale, architectural forms should be softened by chimneys, balconies, bay windows, entrance
treatments, and other such devices.
Valley Ranch has sites that offer prominent scenic views and with that homes will be able to be viewed
from afar. Architects and owners are encouraged and reminded of this. BUILDING HEIGHT DEPICTION
B. BUILDING SIZES
Any size residence may be presented for review by the DRC. Approval would be contingent on whether
the design remains within the design vernacular of Valley Ranch and does not negatively impact
neighboring homes.
C. BUILDING HEIGHTS
Valley Ranch terrain is varied and includes unique topography, making absolutely uniform applicability of
height restrictions difficult, so the DRC will review these on a case -by -case basis. Heights shall be [with a
generic 35' max] listed on each Architectural Elevation Drawing, at least as demonstrated in the elevation
following. Benchmarks for heights on Lots 7, 9, 10, & 11 shall be lower and reviewed particularly so as
not to dominate the skyline.
D. MASSING
It is expected that all building elevations will not only take advantage of the view from within the
residence, but will provide pleasant views from all surrounding areas. All side and rear elevations are
expected to be articulated to break up the fapade into smaller elements, as well as adding the richness of
shade and shadow. Large blank walls will not be allowed. Failure to provide adequate articulation and
richness may be grounds for amendment or rejection of the design by the DRC.
In general, the DRC intends to discourage and has the right to prohibit the construction of any residence or E. MASSING ARTICULATION
other structure which it deems as excessive in height when viewed from other lots or the streets. Again,
Valley Ranch has numerous lots that offer views whereby structures may be seen from miles away. The Careful massing and composition of building forms, use of appropriate natural materials and special
DRC will be, and asks owners & architects to be sensitive to that outlying impact. attention to the transition between the structure and the natural topography all serve to integrate the house
sensitively into the environment.
Subject to change. Ptease confinn with the Design Review Cornmitee as to the most updated version
Principles for acceptable design massing:
Horizontal and vertical offsets are the devices used in massing the structure to achieve
appropriate residential scale. The stepping up or down of rooflines helps a building blend with
the surrounding landscape. Horizontal offsets should be coordinated with the interior plan and
the roof pitches of the design. Architectural massing combined with good rooflines and offsets
can create a very interesting and individualized building form. Garages and patio walls may help
accentuate these horizontal offsets.
In general, avoid the use of continuous, unaccented two-story facades. Without accents,
horizontal and vertical offsets or wall projections, a looming barracks, shop, barn, or box look
will result.
Horizontal offsets can also contribute to added privacy and wind protection of outdoor spaces,
reducing the need for elements such as fences and wall extensions. It is usually more effective
visually and economically to have fewer, but larger offsets rather than a series of small jogs. A
two -foot jog is barely noticeable; four feet is better; six to twelve feet cast a significant shadow
and have a definite visual impact.
The articulation of massing can be heightened by projections such decks.
However, the deck must be an integral part of the building design,
avoiding the "tacked -on" look.
F. ROOFS
The composition of roof forms should be carefully considered. No continuous ridge lines should exceed
thirty-five feet. Changing ridge direction, offsets or major/minor roof projections should be used to break
ridgelines. This will be reviewed and considered by the Design Review Board.
The placement of the various pipes and vents that penetrate the roof should be considered. Combine them
in the attic space and project them through roofs in a common enclosed stack when possible. Where
practical, place stacks on the roof away from the side of greatest visibility or within a chimney. All roof
vents are to be colored to match the dominant roofing material.
G. STRUCTURAL COLORS
Weathering agents are encouraged to accelerate natural effects. All exterior building colors shall have a
light reflective value (LRV) of less than thirty-six. This information is available from most paint
manufactures. A sample color palette has been recommended for residences in Valley Ranch and will be
listed in the Colors List Appendix as an aid. The colors were chosen to blend with the natural colors of
the vegetation and mountains as seen from a distance. Subdued accent colors may be used, pending
approval by the DRC.
Colors for exterior artwork, sculpture or any other special features visible from common areas should also
be muted tones chosen to blend rather than contrast with the residence and its surroundings unless
otherwise approved by the DRC. Submit samples on the proposed surfaces for review and approval to the
DRC
H. REFLECTIVE FINISHES
No highly reflective finishes, except glass and door hardware shall be used on any exterior surfaces
including exterior artwork and sculpture. Mirrored and opaque glass are unacceptable exterior finishes.
EXTERIOR SURFACE MATERIALS
Exterior surfaces must generally be of materials and finish textures that create harmony with the natural
landscape.
Material changes should terminate at a logical inside corner or at a major wall opening. Changes at
outside corners should be avoided or made with pilaster scale.
Exterior finishes should be included down to the finish grade, thereby eliminating unfinished foundation
walls.
BUILDING PROJECTIONS
All projections from a building including, but not limited to, chimney caps, vents, gutters, scuppers,
downspouts, utility boxes, porches, railings, shading elements, and exterior stairways shall match the color
of the surface from which they project or be an appropriate accent color. All building projections must be
contained within the Building Envelope.
K. ANTENNAS AND SATELLITE DISHES
There shall be no antennae or satellite dishes other than the now common 24" oval -type; except as
expressly permitted by the DRC. Locations of these appliances should be considered carefully to minimize
visibility from neighboring property or from the roads.
L. SKYLIGHTS AND INTERIOR LIGHTING
Skylights shall be flat, low silhouette and non -glare. Visible bubble -type, plexi-glass skylights are not
permitted. Skylights will not be permitted in locations where light from the interior will be overly visible
to neighbors or roads. Interior light fixtures must be positioned so that the direct light source is not visible
from the outdoors. Consideration must be given to the visibility of the light source from vantage points
outside of the building.
M. WINDOWS
Windows should be carefully located and detailed to add substantial feel to the residence. Exposed
aluminum sash and framing shall be an approved anodized finish color or vinyl coated color. Mill finish
aluminum, including screen, is not permitted. Metal finishes on solariums and greenhouses are included in
this category.
With windows comes sunlight and heat gain so the considerations of interior and exterior shading
elements must be considered, integrally designed, and meet all other applicable restrictions set forth in the
Design Guidelines.
N. SOLAR APPLICATIONS
Passive solar applications or the orientation and design of the residence for maximum winter sun gain will
reduce the winter heating needs, and will be encouraged. Active solar collectors can cause excessive glare
and reflection, and can only be approved if they are integrated into the structures or landscaping. As with
all design elements of a residence or improvements, solar collectors must be integrally designed,
aesthetically pleasing and meet all other applicable restrictions set forth in the Design Guidelines. Solar
collectors must meet the requirements of skylights.
O. SCREENING WALLS AND SITE WALLS
Screening walls should be a visual extension of the architectural design of the residence. They may be
used to separate the private areas from the rest of the Building Envelope and as screening for parking and
service areas. They may not be used to delineate property lines or delineate the Building Envelope.
P. SERVICE YARD
All above -ground garbage and trash containers, clotheslines, mechanical equipment, and other outdoor
maintenance and service facilities must be completely screened from adjacent lots, streets, or common
spaces by walls and gates, at least one foot higher than the equipment. Gates, or a "maze" entry that
provides complete screening, shall be required around all mechanical and pool equipment enclosures.
Q. GUEST HOUSES, GUEST SUITES AND ACCESSORY BUILDINGS
These buildings must also go through the Review & Approval process with the DRC. Such structures must
be designed as an integral visual element with the residence, and should be visually related to it by walls,
courtyards, or landscape elements. A free-standing guesthouse or accessory building can be constructed on
any lot, provided all improvements fall within the Building Envelope and meet the requirements of the
Design Guidelines.
R. NO VISIBLE STORAGE TANKS
All fuel tanks, water tanks, or similar storage facilities shall be shielded from view from adjacent lots,
streets or common areas by walls or structures or shall be located underground with all visible projections
screened from view from adjacent lots, streets and common areas.
S. NO SIGNS
All security, pool, construction, financing, for sale, and other similar signs utilized for advertising are
prohibited outside of Building Envelopes. The only exceptions are Address Identification and Temporary
Construction Signage as described in these Design Guidelines. Allowed signs shall not be fastened to any
trees.
T. FLAGS
Displaying the American flag is permitted if it is hung from an angled pole bracket mounted on the side of
a residence. Suspended flags such as from eave overhangs will be considered temporary commemoratives
for temporary purposes that are event -specific for no longer than 30 days. Free-standing flagpoles that are
visible from off one's lot are not allowed.
GARAGES
The appearance of the garage doors must blend with the home design. The garage doors offer an
opportunity to enrich the texture, rhythm and overall composition of the design and the Board expects that
each home will capitalize on this opportunity.
Every effort should be made to minimize the impact of the garage and garage doors. Doors can be made
beautifully while careful planning and driveway orientation can ensure that the visibility of the garage and
parking is minimized from the street and adjacent lots. Garages are strongly encouraged to be set back
and orientated away from the street if possible. In an effort to minimize garage impact, no more than three
garage stalls will be allowed adjacent to each other. If additional garage space is needed it must be
separated from the other garage location or turned 90 degrees to avoid a long uninterrupted row of garage
bays.
UTILITIES
All utilities from the common hook up area to the building site shall be placed underground.
IL SITE DEVELOPMENT GUIDELINES
The unique natural topography of Valley Ranch requires special attention on each lot. The features of each lot
determine the access, placement of the home and septic system to maximize view amenity angles and privacy.
These features are unique and specific to each lot. The following site development guidelines deal with issues of
placement, grading, and landscaping.
THE BUILDING ENVELOPE
The building envelope is the portion of each lot within which all improvements may be built and any
alterations to the existing landscape are confined except for driveway approaches. The building envelope
acts as a limit beyond which no construction activity, including grading or storage of materials is allowed.
A building envelope will be identified for each lot on the approved final Building Envelope Diagram. The
envelope will be based on the natural features of each lot such as topography, view angles, and the
relationship to neighboring building envelopes or park areas. The building envelope will be outlined by
the Declarant and then reviewed and set with each owner's architect, allowing alternate area schemes that
may be considered by the Design Review Committee during the Preliminary Design Phase of the process.
A. ALLOWABLE SITE COVERAGE AREA
t type lo
t e is limited to a maximum site coverage area of total lot area for all improvements including
`///////./����� . , �• p�+rYeYiR+e ^7iJ YpP g
building footprint, decks, patios, fenced or walled private areas, paved courtyard, driveway, and
landscaped patio areas, excepting the driveway area connecting to the property line outside the building
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r — -- -- — -- -- — — — — -� 1 envelope. Any areas outside the maximum site coverage area disturbed in construction must be returned
Blj/CP y�£,ItiIp°E[ry£ as near as possible to the natural condition. Generally, 10% will be standard except for those lots where
k; j horses are permitted.
B. NATURAL AREA
t �! The natural area is that portion of the lot which lies outside of the allowable site coverage area yet within
,yWWWA,74 the building envelope and remains as natural forest. Additional plant material may be added in the natural
j I area.
4 C. GRADING AND SITING
i I \ General grading and site development principles are as follows:
1
C --------------------' I 1. Buildings and improvements should step down slopes, so as to be part of the site rather than
altering the site to fit a non -responsive structure. The finish grade around the residence and any
C
site walls should remain close to the original natural grade.
�---- —• -----� w �- — 2. Significant cut and fill conditions should be contained with retaining walls or within
Ak AffA?`A construction. Exposed cut and fill slopes will not be approved. Cut slopes may be re -graded and
naturally contoured to match existing terrain if all grading is contained within the Building
Envelope and if, in the opinion of the DRC, the re -graded slope has a natural appearance upon
completion.
3. No grading may be done outside the allowable site coverage area except for restoration and the
minimum grading required for the driveway.
4. Multi -level solutions for buildings and improvements should be used wherever possible.
Retaining walls or foundation walls should not exceed six feet in exposed height from finished
grade adjacent to the wall, to top of wall or finished floor. Additional height may be achieved by
use of more than one retaining wall, provided a significant setback for plantings is present and, in
the opinion of the DRC, is adequate for visual separation. These retaining walls are to conform to
these guidelines' regulations for color and mass.
5. Screen walls, walls not supporting a building structure or retaining earth, may not exceed five
feet six inches in height measured from finish grade along the exterior side of the enclosure.
6. Low and substantial substructures in stilt or cantilevered construction shall be enclosed with
finish materials similar to the main structure, unless a substantial and complementary method of
enclosure is approved by the DRC Open areas under buildings can create special hazards from
fires traveling uphill and need careful treatment for this reason as well.
D. WILDFIRE PROTECTION
1. DEFENSIBLE FIRE SPACE
Forest and vegetation must be managed so as to reduce exposure to flames and radiant heat
during a fire. The reduction of flammable vegetation and other hazards including around
buildings provides a "defensible fire space" for firefighters and residents.
The "parking -out" or thinning of the Valley Ranch forest one sees today is an example of how to
reduce fire fuel attractively. Yet some corridors have been left specifically thick and clean in
order to promote wildlife camouflage and comfort.
The National Forest which surrounds Valley Ranch may be maintained by NFS Permit only for
"firewood" collection and slash management, pursuant to oversight vis-A-vis permits issued by
the Murphy Lake Ranger Station (406) 882-4451; resulting in the collateral attribute of
enhancing views and forest appeal.
2. FUEL MODIFICATION
To accomplish the dual objectives of maintaining fire safety while protecting sensitive native
vegetation, a fuel modification program should also incorporate a combination of fire-resistant
building materials.
E. PRIVATE AREA
The Private Area is that part of the Building Envelope which is not visible from neighboring property
because it is hidden behind walls or structures. The Private Area is the least restrictive in terms of what
can be done within.
F. MINIMUM SETBACKS
All setbacks will be reviewed on the merits of the submitted site design plan. Refer to the Building
Envelope for these setbacks.
G. LANDSCAPE
The goal of the landscape guidelines is to ensure that developed areas within Valley Ranch harmonize and
blend with, rather than dominate the natural environment.
1. PLANT MATERIALS
All disturbed areas that are not paved shall be vegetated with appropriate plant materials.
2. PLANTINGS IN PRIVATE AREAS
Within private areas, plantings immediately adjacent to the residence are not restricted and may
include ornamental plants that are not native to the local area. However, because the natural
landscape is considered the most important character -giving feature of Valley Ranch, groomed
lawns shall be enclosed by buildings, walls, or natural screening elements so that they are visible
only from within the owner's own homestead.
3. ROADWAY AND PARK VEGETATION
When trees, flowers, or other plantings and their maintenance are to be considered in the
common areas such as the roadway right-of-way areas of each lot or within the Park areas,
consideration shall be put before the Board to consider design, uniformity, traffic sightlines and
cost. This professional review should result in recommendations for homeowners' review and
then consensus.
4. WEED MANAGEMENT MANDATE
It is the responsibility of every homeowner to manage the noxious and other weeds which occur
in Montana, Lincoln County, and specifically in Valley Ranch. Private, roadway, and Park lands
require a regular weed management plan. The Home Community Association shall manage the
communal grounds and monitor private adherence to an annual program.
H. RETAINING WALLS
All retaining walls must be included in the review process and be approved by the DRC. If walls will
exceed four feet in height, an engineer, architect, or certified builder must approve the wall design.
The maximum total vertical exposure of approved walls shall not exceed six feet unless the Board
determines that an exception is warranted because of extraordinary circumstances or unavoidable
topographic constraints.
Where walls taller than six feet would be required to solve a grading issue, terracing with multiple walls is
recommended, with a planting area of at least thirty inches between each wall section.
Retaining walls should appear to be an extension of the residence and are subject to the same criteria
relative to color, materials, and durability as the building itself. If not connected to the residence, walls
should be constructed of architectural materials compatible with those employed in the residence.
I. FENCES
Respecting the Montana mountain environment, perimeter lot line fencing is prohibited. Exception may
be made after review, for properties bordering Valley Ranch' "busier" Park areas.
Community fencing bordering the National Forest for the purpose of protecting Valley Ranch from Free
Range Cattle shall be maintained by the Home Community Association.
Within individual lot private areas, fencing can be constructed from compatible materials to the residence
with a five -foot -six-inch maximum height from exterior grade, after review by the DRC.
Lots approved for horses may have fences of natural materials only for paddock areas.
J. DRAINAGE
Where construction and development will obstruct natural drainage patterns, surface run-off should be
carefully redirected to existing or new swales designed to look natural. Swales may be required above
new cut of fill slopes to protect them from erosion. Runoff on each lot shall be accommodated within lot
boundaries or
within prescribed drainage easement areas.
K. SWIMMING POOLS
Owners can construct swimming pools. However, the design must not cause visible scars, or excessive
grading.
L. PETS AND WILDLIFE
Dog runs and pet animal pens must be enclosed and covered to protect pets from predators. Domestic
animals or pets such as dogs & cats are permitted so long as owners provide necessary restraints to
prevent those animals from becoming an annoyance or nuisance from such as excessive barking or
antagonistic behavior. In general, leash and poop -scooping bylaws are to be in affect on common grounds
and the "invisible leash" is recommended for private property play control.
All outdoor trash containers must be of animal -proof designs. All trash must be kept in completely
enclosed structures. Barbecue grills should be left properly covered or stowed when not in use so as not to
attract wildlife into private spaces.
To be covered in the by-laws yet mentioned here: no horses, sheep, cattle, goats, hogs, or other animal
husbandry uses or pens shall be permitted on any lot except those lots specifically approved for horses
only.
Owners with Lots permitted for "horses only" use shall not be allowed to have horses on any roads or
areas other than their designated envelopes or their designated trails from their property into public forest
service lands; unless they are in trailers.
M. EXTERIOR LIGHTING
Site lighting is defined as lighting mounted on the building, ground, trees or walls for the purpose of
providing security, decorative, accent, or functional lighting. Building lighting is defined as lighting built
into or attached to buildings on walls, ceilings, eaves, rakes, or roofs.
I. Site lighting must be directed downward onto vegetation or prominent site features and may not
be used to light walls or building elements. Up lighting more than 45 degrees above the
horizontal is prohibited and lighting aimed between zero and 45 degrees above horizontal must
be directed toward the interior of the lot upon which it is located.
2. Building mounted lighting must be directed downward away from adjacent lots, streets and open
spaces, and may not be used to light walls or building elements for decorative purposes unless
the bulb is completely hidden and has approval from the Valley Ranch Design Review
Commitee via each owner's architectural lighting plan.
3. All exterior lighting must provide for significant shielding to ensure that light sources and lamps
are not visible from other properties, from roads or from off -site; no bare lamps will be
permitted.
4. Outdoor luminaire lamps with a maximum wattage of 75 watts will be allowed for exterior
lighting unless specific approval is received from the DRC. Low voltage lighting is
recommended since these fixtures are typically small but heat output should be carefully
considered. Colored lighting will not be allowed for exterior lighting except for the 30 days
either side of holidays.
5. No lighting will be permitted in natural areas or outside the areas enclosed by patio or building
walls. Site lighting must be confined to areas enclosed by walls or be in the immediate vicinity
of the main entrance or outdoor living spaces of the residence.
6. Lights on motion detectors for the purpose of security illumination may be allowed subject to
specific approval of the committee if the lights so activated do not illuminate adjacent properties.
These lights will only be allowed to operate on a motion detector and stay lit for a maximum of
five continuous minutes. Security lights must still meet the requirements of shielded light
sources. If problems with these lights occur, the Committee reserves the right to demand that the
fixtures be disconnected. Care must be taken to avoid setting off the motion detector by the
motion of vegetation and the movement of wildlife. The motion detector's range should be
limited to the Building Envelope area. These lights will not be allowed to operate for the purpose
of general illumination.
N. DRIVEWAYS
Driveway approaches and curb cuts off of the roadways are supplied by the developer only. Interior
driveways should be designed to accommodate emergency vehicles including fire -fighting equipment and
their water supply needs. The material of the driveways shall be asphalt or other suitable hard surface
approved by the Board. Gravel driveways are not permitted. Transition from the driveway material to the
street paving provided by the Developer shall occur 25-30 feet from the roadway edge. Driving surfaces
shall be no less than twelve feet nor more than sixteen feet on driveway legs. On -street parking and off -
building -envelope parking is not permitted, so driveways may need pull -offs for additional visitor parking.
Parking and garage doors shall be screened wherever possible from adjacent roadways and lots.
O. SNOW MANAGEMENT
III. SUBMISSION, REVIEW, APPROVAL, & CONSTRUCTION
Under the Declaration, the Design Review Commitee (DRC) is charged with the responsibility of maintaining
the standards set forth in the Valley Ranch Design Guidelines.
It is strongly recommended that an Owner retain competent professional services for planning and design.
In general, the DRC process is divided into five phases:
1. Pre -design Meeting
2. Preliminary Submittal
3. Final Submittal
4. Construction
5. Final Construction Review
An attempt has been made to streamline this process to eliminate excessive time delays. Nevertheless, each
Owner is directly responsible for complying with Valley Ranch Design Guidelines, and all other applicable
provisions of the Declaration, as well as all rules and regulations of any governmental authority, in order to
bring the design review process to a speedy and satisfactory conclusion.
To protect Valley Ranch' integrity, certain fees for review oversight and refundable monies will be required to engage and
conduct construction activities; and thence fines shall be imposable for infractions during and after such activities. Fines
shall be assessed until the infraction is remedied. Payment of such a fine shall not be deemed a remedy of the infraction.
Application:
1 % for review, approval, & inspections; non-refundable
Purpose:
To compensate for professional time
Owner bonds:
1 % bond to construct; refundable
Purpose:
A security deposit for the private roads & common areas' maintenance in case of
damage, abandonment, or fine.
Builder bonds:
$10,000 bond to commence; refundable
Purpose:
A security deposit.
Snow management is to be considered during the design of the architecture and landscape. Areas for snow Fines: To be determined by the DRC and thence the HOA via the CCRs, Design Guidelines, or
storage should be identified in the design of the driveways. HOA Bylaws without a time limit or a one-time limit; subject to liens and interest. Stnct &
reasonable.
Roofs should be designed to hold snow rather than shed, wherever possible. Roof snow shedding zones
are to be anticipated in the landscape design.
P. ADDRESS IDENTIFICATION
The Developer shall provide installation of uniform address identification devices for all lots. Additional
"personality" signage detached from the residence will be permitted, as per the CCR Declaration and/or as
approved by the DRC.
If one is not comfortable with these constraints, one should not buy in Valley Ranch.
A. PRE -DESIGN MEETING
This informal review is to offer guidance prior to the initiation of preliminary design. An appointment
for the pre -design meeting should be made at least one week in advance.
B. PRELIMINARY SUBMITTAL
Preliminary drawings, including all of the exhibits outlined below, must be submitted to the DRC after
the pre -design meeting.
Preliminary submittals shall include:
1. The Application Form, supplied by the DRC, with all information completed. A small review
fee may be instituted by the DRC for this community service.
2. A survey, at no less than one inch = twenty feet, prepared by a land surveyor registered in the
state of Montana, showing lot boundaries and dimensions, easements, setbacks, centerline of
adjacent streets, utility tap locations, existing surface contours at two foot intervals based on
Valley Ranch' datum, major terrain features, all trees of eight inch diameter or larger that are
within twenty feet of any proposed improvements. Each Owner submitting drawings for
approval to the Committee shall be responsible for the accuracy of all information contained
therein.
3. A site plan, at the same scale as the survey, showing the graphic locations of the building
envelope, the residence and all other buildings or major structures, driveway, centerline of
adjacent streets, parking areas, patios, pools, walls, proposed utility service facilities and
routes, site grading including existing and proposed contours and topographic features, and
elevations (datum) of all building floors, patios, and terraces, shown in relation to site
contour elevations.
4. Plans and Sections: Floor Plans (at a scale of no less than one -quarter inch = one foot); at
least one section (at a greater scale). Roof Plans should show areas and heights of flat and
sloped roofs, location of any crickets, and locations and heights of any roof mounted
equipment and skylights. Floor plans should show vertical elevations for each if any floor
level change.
5. Exterior elevations of all sides of the residence, at the same scale as the floor plans,
identifying all structure heights, delineating both existing and proposed grade lines and
designating all exterior materials and general colors. Color selections may be general and
not specific for the preliminary submittal.
6. The corners of structures shall be staked for the DRC to review. And if necessary to assist the
DRC in its evaluation of elevation of a submittal, the Owner shall, if requested, provide
staking and flagging of ridgelines or highest corners of structures.
The preliminary submittal shall include one paper reduction of each of the required drawings in 2, 3, 4,
and 5 above as well as any other drawings, materials, or samples requested by the DRC or necessary to
explain the design. These drawings can be in form of letter size (8-1/2" x I I") or ledger size (I I" x 17")
paper.
C. PRELIMINARY REVIEW
When the Preliminary Submittal is complete, the DRC will review the submittal for conformance to the
Design Guidelines and provide a written response to the applicant within 10 days. Approval of a
preliminary submittal will be considered valid for one year from the date of approval. The submittal will
be considered abandoned if final plans are not submitted in that period.
D. FINAL SUBMITTAL
After preliminary approval, final submittals shall include:
I. The application form with all information completed.
2. Complete construction documents including: full floor plans scaled at least'/4"=1 foot, elevations
scaled at least at 1/"=1 foot, sections scaled at least at 1/4"=1 foot indicating existing and
proposed grade lines, detail sections scaled at least at 1-1/2"=1 foot, elevations scaled at least at
'/4"=] foot, and schedules for exterior fenestrations and interior doors.
3. Samples of all exterior materials and colors, and window and glass specifications, mounted on an
8 '/2" x ] ]" (maximum size) heavy stock cardboard identified with manufacturer's name, color,
and/or number. Sample boards shall include Owner's, architect's and builder's name, as well as
the lot number. Samples of exterior materials such as stone should be submitted via the use of
photographs that show color and coursing patterns. Colors should state light reflectivity value.
4. A landscape plan at the same or larger scale as the site plan, showing proposed contours,
grading, drives, courtyards, walls, plantings etc. Site drainage should be included in his plan.
5. Exterior lighting plan showing location and manner of installation for each light, as well as cut
sheets on the lights to be utilized.
6. Final staking of structure(s) corners, perimeters, heights and earthen cuts & fills.
7. A fundamental construction schedule.
E. FINAL SUBMITTAL APPROVAL
The DRC will review the submittal in stages as it is received and respond within 10 days after the
review but no later than 30 days after the submittal is complete.
F. CONSTRUCTION APPROVAL
Obtaining plan check approval from governing bodies such as the city or county and ensuring building
code compliance is the responsibility of the Owner and/or builder. Architectural appearance shall be in
accordance with the final submittal approved by the DRC.
G. ADDITIONAL CONSTRUCTION AND/OR EXTERIOR CHANGES
Substantive changes to the approved drawings before, during, or after the construction of an
improvement must first be submitted for review to, and must be approved by the DRC.
H. RE -SUBMITTAL OF DRAWINGS
In the event of disapproval by the DRC, of either a preliminary submittal or a final submittal, any
resubmission of drawings must follow the same procedure as the original submittal.
I. COMMENCEMENT OF CONSTRUCTION
Upon receipt of approval from the DRC, the Owner shall commence the construction pursuant to the
approved final submittal within 180 days from the date of the approval. If the Owner fails to comply
with this paragraph, any approval given shall be deemed revoked unless, upon the written request of the
Owner made to the DRC prior to the expiration of the 180-day period and upon a finding by the DRC
that there has been no change in circumstances, the time for commencement is extended in writing by
the DRC.
The Owner shall, in any event, complete the construction of the foundation and all exterior surfaces
(including the roof, exterior walls, windows, doors and all landscaping) of any improvement on his lot
within one year after commencing construction except when such completion is impossible or would
result in great hardship to the Owner due to strikes, fires, national emergencies, or natural calamities. if
construction ceases for a period greater than sixty (60) days, the DRC may require that construction
immediately resumes or the Lot is returned to its natural condition.
In any event, the Owner shall complete construction of any improvement on his Lot within 18 months
after commencing construction unless a time extension is granted by the DRC.
If the Owner fails to comply with this schedule, the DRC has the right, but no obligation, to either have
the exterior of the improvement completed or to remove the improvements; with all expenses incurred to
be reimbursed to the DRC by the Owner.
J. OBSERVATION FOR DESIGN CONFORMANCE
The DRC may review all work in progress and give notice of non-compliance if found. The builder is
required to inform the DRC in writing at least ten days prior to the completion of rough framing so that a
review for design conformance may be made prior to completion of sheathing. A written note stating
this requirement shall be shown by the architect on the floor plan or framing plan as part of the final
submittal. Absence of such review and notification during the construction period does not constitute
approval by the DRC of work in progress or of compliance with the Design Guidelines or the
Declaration.
K. FINAL CONSTRUCTION REVIEW
1. Upon completion of any residence or other improvement for which final approval was given by
the DRC, the Owner shall give written Notice of Completion to the DRC prior to occupancy by
the Owner.
2. Within such reasonable time as the DRC may determine, but in no case exceeding twenty
calendar days from receipt of a required written Notice of Completion, the DRC may review the
residence and/or improvements. If it is found that work was not done in strict compliance with
the approved final submittal, the DRC shall notify the Owner in writing of such non-compliance
within thirty calendar days of its receipt of the Owner's Notice of Completion, specifying in
reasonable detail the particulars of non-compliance, and shall require the Owner to remedy the
same.
3. If the Owner has failed to remedy any non-compliance within 30 calendar days from the date of
the DRC's non-compliance notice, the DRC shall notify the Owner, and Valley Ranch
Community Association, Inc. may take such action to remove the non -complying improvements
as is permitted in the Design Guidelines or the Declaration including, without limitation,
injunctive relief or the imposition of a tine.
4. If, after receipt of written Notice of Completion from the Owner, the DRC fails to notify the
Owner of any failure to comply within the provided period following the DRC's review, the
improvements shall be deemed to be in accordance with the approved final submittal.
5. If an Owner chooses to occupy the residence following receipt of a Certificate of Occupancy
from the city or county, but prior to final construction review by the DRC, he may do so
provided that the work is continued and the written Notice of Completion is given to the DRC
within forty-five days of occupancy. If improvements are not completed within forty-five days
of occupancy, the DRC reserves the right to take such action to cause the completion of the
improvements as is permitted in the Design Guidelines or the Declaration including, without
limitation, the imposition of fines.
L. NON -WAIVER
The approval by the DRC of any drawings or specifications for any work done or proposed, or in
connection with any other matter requiring such approval under the Design Guidelines or the
Declaration, including a waiver by the DRC, shall not be deemed to constitute a waiver of any right to
withhold approval as to any similar drawing, specification, or matter whenever subsequently or
additionally submitted for approval or of a nonconforming design or aspect that has not been identified
earlier. For example, the DRC may disapprove an item not in conformance with the Design Guidelines
shown on the final submittal even though it may have been evident and could have been disapproved at
the preliminary submittal.
M. RIGHT OF WAIVER
The DRC reserves the right to waive or vary any of the procedures or standards set forth herein at its
discretion, for good cause shown.
N. ESTOPPEL CERTIFICATE
Within thirty days after written demand therefore is delivered to the DRC by any Owner, and upon
payment therewith to the DRC of a reasonable fee from time to time to be fixed by it, the DRC shall
record an estoppel certificate executed by any two of its members, certifying with respect to any lot of
said Owner, that as of the date thereof either (a) all improvements and other work made or done upon or
within said lot by the Owner, or otherwise, comply with the Design Guidelines, and the Declaration, or
(b) such improvements and/or work do not so comply, in which event the certificate shall also (1)
identify the non -complying Improvements and/or work and (2) set forth with particularity the cause of
causes for such non-compliance. Any purchaser from the Owner or mortgagee or other encumbrancer
shall be entitled to rely on said certificate with respect to the matters therein set forth, such matters being
conclusive as between the Valley Ranch Community Association, Inc., the DRC, developer, all Owners
and other interested persons, and such purchaser mortgagee, or other encumbrancer.
DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS
FOR
VALLEY RANCH
This Declaration of Covenants, Conditions and Restrictions for Valley Ranch
("Declaration") is made as of , 2008, by Glacier Valley Villages, L.L.C.,
a Montana limited liability company ("Declarant").
INTRODUCTION TO THE COMMUNITY
Declarant is the owner of the real property legally described in Exhibit " attached
hereto which is within the master planned community commonly referred to as Valley Ranch, in
Kalispell, Montana ("Valley Ranch"). This Declaration creates mutually beneficial covenants,
conditions and restrictions for such property and establishes a flexible but reasonable procedure
for its overall development, administration, maintenance and preservation. As part of the
development plan, Declarant has formed the Valley Ranch Community Association, Inc., an
association comprised of all Owners in Valley Ranch. By executing this Declaration, Declarant
intends to create an environmentally -sensitive community boasting a high quality of life for its
residents. The Valley Ranch Community Association, Inc. will be responsible for implementing the
Declarant's goals for the community, as they are expressed herein. Foremost among these goals
is the Declarant's desire to preserve and display the natural beauty of the surrounding
environment through the plan of development and the uses of the land.
ARTICLE 1
CREATION OF THE COMMUNITY
1.1 Initial Declaration. Declarant hereby declares that the property described in
Exhibit "A" and any additional property subjected to this Declaration by Supplemental Declaration
shall be held, sold, used, and conveyed subject to the covenants, conditions, and restrictions
herein which shall run with the title to the land. This Declaration shall be binding on and shall
inure to the benefit of all parties having any right, title, or interest in the Properties or any part
thereof, their heirs, successors, successors -in -title, and assigns.
1.2 Duration. Unless terminated as provided below, this Declaration shall have
perpetual duration. Unless otherwise provided by Montana law, in which case such law shall
control, this Declaration may not be terminated within 20 years of the date of recording without the
consent of all Owners. After 20 years from the date of recording, this Declaration may be
terminated only by an instrument in writing, signed by the Association and approved by sixty-
seven percent (67%) of the then Owners. Such an instrument shall then be recorded in the
Official Records to evidence the termination of this Declaration.
Page 1
ARTICLE 2
CONCEPTS AND DEFINITIONS
The terms used in this Declaration and not otherwise defined shall generally be
given their natural, commonly accepted definitions except as otherwise specified. Certain
capitalized terms shall be defined as set forth below.
2.1 "Architectural/Design Review Committee". The committee which the
Declarant or Board may create, subject to provisions of , and at such time as it shall
determine in its discretion, to review construction and administer and enforce architectural
standards.
2.2 "Area of Common Responsibility". Any areas, real property, amenities, roads
and easements which become the responsibility of the Association, including but not limited to,
Common Areas, wetlands, ponds, designated parks, trails for use by Owners, access roads, road
right-of-ways, the storm water system which includes ditches and drainage systems, picnic and
parking areas, perimeter fencing (if any), entry gates (if any), water storage facilities. Furthermore,
the Association shall be responsible for cleaning of said areas.
2.3 "Articles". The Articles of Incorporation of Valley Ranch Community
Association, Inc., as they may be amended from time to time.
2.4 "Association". Valley Ranch Community Association, Inc., a Montana
nonprofit corporation, its successors and assigns.
2.5 "Base Assessment" or 'Regular Assessment" Assessments levied on all Units
to fund Common Expenses, as more particularly described in Article
2.6 "Benefited Assessment". Assessments levied on one or more but less than all
Units, as more particularly described under Section 6.6.
2.7 "Board of Directors" or "Board". The body responsible for administration of
the Association.
2.8 "Builder". Any Person which purchases one or more Units or parcels of land
within Valley Ranch for the purpose of constructing improvements for later sale to consumers, or
for further subdivision, development, and/or resale in the ordinary course of such Person's busi-
ness.
2.9 "By -Laws". The By -Laws of Valley Ranch Community Association, Inc., as
they may be amended from time to time.
2.10 "Class "B" Control Period". The period during which the Class "B" Member is
entitled to appoint a majority of the Board as provided in Article VI below.
2.11 "Common Area". All real and personal property which the Association now or
hereafter owns, leases, has easement rights to, or otherwise holds possessory or use rights in for
the common use and enjoyment of the Owners. The term may include, without limitation,
recreational facilities, entry features, signage, landscaped medians, lakes, streams, water courses
and wetlands, as well as hiking, walking and bicycle trails that Declarant may convey to the
Association on such terms and conditions as the Association may approve.
2.12 "Common Expenses". The actual and estimated expenses incurred or
anticipated to be incurred by the Association that are deemed by the Board to be for the general
benefit of all Units, including expenses with respect to the Common Area and Area of Common
Responsibility, reasonable management fees, expenditures for capital -type items, expenses
payable under any Covenant to Share Costs, and any reasonable reserve, as the Board may find
necessary or appropriate.
2.13 "Covenant to Share Costs". Any declaration or other instrument executed by
Declarant or the Association which creates easements or other rights for the benefit of the
Association (or its Members) and the present and future owners of the real property subject to
such declaration or other instrument and/or which obligates the Association and such owners to
share the costs as described therein. Any Covenant to Share Costs may affect less than all
Owners.
2.14 "Declarant". Glacier Valley Villages, L.L.C., a Montana limited liability
company, or any successor, or assignee thereof designated as the Declarant in a written
instrument executed by the immediately -preceding Declarant.
2.15 "Design Guidelines". The architectural, design, development, and other
guidelines, standards, controls, and procedures promulgated by the Declarant or the Board
including, but not limited to, application and review procedures, as they may be amended from
time to time; including, but not limited to, the Valley Ranch Design Guidelines.
2.16 "Dwelling Unit". All single family residences located within a building and
used or intended to be used for a single-family residential use in conformity with the Governing
Documents, including any garages, carports, open or closed patios and basements, as originally
constructed.
2.17 "Governing Documents". This Declaration together with the Articles and By -
Laws of the Association, any declaration of easements, Covenants to Share Costs, the Design
Guidelines, Use Restrictions, and any rules, regulations or policies adopted by the Board shall
contain the standards for the Properties and the Association.
2.18 "Master Plan". The Master Plan for the development of Valley Ranch filed
with the County of Flathead, City of Kalispell, Montana, as it may be amended, updated, or
supplemented from time to time. Inclusion of property on the Master Plan shall not, under any
Page 2
circumstances, obligate Declarant to subject such property to this Declaration nor shall the
exclusion of property from the Master Plan bar its later annexation.
2.19 "Member". A Person entitled to membership in the Association as an Owner
of a Unit or Lot as designated on the final plat of Valley Ranch.
2.20 "Mortgage'. A mortgage, deed of trust, deed to secure debt, or any other
form of security deed.
2.21 "Mortgagee'. A beneficiary or holder of a Mortgage.
2.22 "Official Records." The Office of the County Recorder of Flathead County,
Montana.
2.23 "Owner". Collectively, one or more Persons who hold the legal or equitable
title to any Unit or Lot as is designated on the final plat for Valley Ranch, of Valley Ranch, but
excluding in all cases any party holding an interest merely as security for the performance of an
obligation. If a Unit is sold under a contract of sale, the purchaser (rather than the fee owner) will
be considered the Owner, unless the contract specifically provides otherwise.
2.24 "Person". A human being, a corporation, a limited liability company, a
partnership, a trustee, or any other legal entity.
2.25 "Properties". The real property described in Exhibit "A", together with any
additional property annexed and made subject to this Declaration.
2.26 "Reviewing Body". The body authorized to exercise architectural review
pursuant to Article 3.
2.27 "Special Assessment". Assessments levied against all Owners to cover
unanticipated costs, as more particularly described in Article 6.
2.28 "Supplemental Declaration". An amendment or supplement to this
Declaration filed which subjects additional property to this Declaration, identifies any Common
Area within the additional property, and/or amends, expressly or by reference, additional
restrictions and obligations on the land described therein.
2.29 "Unit". A portion of the Properties, whether improved or unimproved, which
may be independently owned and is intended for development, use, and occupancy as an
attached or detached residence for a single family. The term shall refer to the land, if any, which
is part of the Unit as well as any improvements thereon.
2.30 "Lot". Any portion of the real property which is separately identified on the
final plat for Valley Villages, which can be conveyed, sold or transferred via a warranty deed
conveying indefeasible title to that particular piece of real property.
2.31 "Use Restrictions". The rules and use restrictions adopted by the Board, as
they may be modified, canceled, limited or expanded.
ARTICLE 3
ARCHITECTURAL APPROVAL
3.1 General Requirement for Prior Approval. No structure or improvement of any
type whatsoever shall be placed, erected or installed upon any portion of the Properties, no
alterations or improvements of or additions to the existing landscaping, and no improvements
(including staking, clearing, excavation, grading, and other site work, and exterior alteration of
existing improvements) shall take place within the Properties without the approval of the
Reviewing Body, as established pursuant to Section 3.2. In addition to the construction of
dwellings and other buildings, it is specifically intended that the placement or positioning of other
structures (etc., without limitation, fences, signs, antennae and satellite dishes, clotheslines,
playground equipment, basketball hoops, pools, propane and other fuel tanks (other than portable
gas grills), lighting, temporary structures, solar devices, and artificial vegetation) on the exterior of
any Unit or other portion of the Properties shall require the approval of the Reviewing Body which
approval shall be consistent with applicable law. Modifications to the interior of screened porches,
patios, and similar portions of a Unit visible from outside the structures on the Unit shall be subject
to this Article.
3.2 Architectural Review.
(a) New Construction. Until expiration of the Class "B" Control Period, the
Declarant or the Design Review Committee ("DRC"), if one has been established, shall
have exclusive authority to administer and enforce the architectural controls created
pursuant to this Declaration and to review and act upon all applications submitted for
approval. There shall be no surrender of this right prior to the expiration of the Class "B"
Control Period except in a written instrument executed by Declarant and delivered to the
Board. The DRC, if established, shall consist of at least three persons who shall serve and
may be removed in the Declarant's sole discretion during the Class "B" Control Period and
thereafter shall be appointed and removed by the Board.
(b) Fees; Assistance. The Board may establish and charge reasonable
fees for review of applications hereunder and may require such fees to be paid in full prior
to review of any application. Such fees may include the reasonable costs incurred in
having any application reviewed by architects, landscape architects, engineers or other
professionals (and may also include an additional refundable deposit, all or any portion of
which may be retained by the Association if it is determined by the Reviewing Body that the
applicant or any Person acting on behalf of the applicant has failed to comply with the
Governing Documents). The Declarant and the Association may employ architects,
engineers, or other persons as deemed necessary to perform the review. The Board may
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include the compensation of such persons in the Association's budget as a Common
Expense.
3.3 Guidelines and Procedures.
(a) Design Guidelines. The Declarant has prepared initial Design
Guidelines which shall apply to all matters requiring approval pursuant to this Declaration,
which are incorporated herein by this reference and shall be maintained by the Board. The
Design Guidelines, as amended from time to time, may contain general provisions
applicable to all of the Properties, as well as specific provisions which vary from one portion
of the Properties to another depending upon location, unique characteristics, intended use,
the Master Plan, and any applicable zoning ordinances. The Design Guidelines are
intended to provide guidance to Owners regarding matters of particular concern in
considering applications hereunder. The Design Guidelines are not the exclusive basis for
decisions of the Reviewing Body, and compliance with the Design Guidelines does not
guarantee approval of any application.
During the Class "B" Control Period, the Declarant shall have the sole
authority to amend the Design Guidelines from time to time in its discretion. Thereafter, the
DRC shall have the authority to amend the Design Guidelines, in a manner consistent with
the philosophy for the development of Valley Ranch as set forth in Article III, with the
consent of the Board, and ratification by the affirmative vote or the written consent, or any
combination thereof, of Members representing at least 51% of the total Class "A" votes.
Subject to Article III, there shall be no limitation on the scope of amendments to the Design
Guidelines; the Declarant is expressly authorized to amend the Design Guidelines to
remove requirements previously imposed or otherwise to make the Design Guidelines more
or less restrictive in whole or in part.
The Association shall make the Design Guidelines, as amended from time to
time, available to Owners and Builders who seek to engage in development or construction
within the Properties, and all such Persons shall conduct their activities in accordance with
such Design Guidelines. In the Declarant's discretion, any amended Design Guidelines
may be recorded in the Official Records, in which event the recorded version, as it may be
amended from time to time, shall control in the event of any dispute as to which version of
the Design Guidelines was in effect at any particular time.
All structures and improvements constructed upon a Unit shall be constructed
in substantial compliance with the plans and specifications for such improvements
submitted and approved by the Reviewing Body. So long as the Reviewing Body has acted
in good faith, its findings and conclusions with respect to appropriateness of, applicability
of, or compliance with the Design Guidelines and this Declaration shall be final.
(b) Procedures. Prior to commencing any activity requiring approval under
this Article V, an Owner shall submit an application for approval of the proposed work to the
Reviewing Body. Such application shall be in the form required by the Reviewing Body and
shall include, but not be limited to, plans and specifications ("Plans") showing site layout,
structural design, exterior elevations, exterior materials and colors, signs, landscaping,
drainage, lighting, irrigation, utility facilities layout and screening therefore and other
features of proposed construction, as required by the Design Guidelines and as applicable.
The Reviewing Body may require the submission of such additional information as it deems
necessary to consider any application.
In reviewing each submission, the Reviewing Body may consider whatever
reasonable factors it deems relevant, including, but not limited to, visual and environmental
impact, ecological and archeological compatibility, natural platforms and finish grade
elevation, harmony of external design with surrounding structures and environment,
location in relation to surrounding structures and plant life, compliance with the general
intent of the environmental and design philosophy stated in Article III, and architectural
merit. Decisions may be based purely on aesthetic considerations. Each Owner
acknowledges that determinations as to such matters are purely subjective and opinions
may vary as to the desirability and/or attractiveness of particular improvements.
The Reviewing Body shall, within the period specified in the Design
Guidelines, advise the party submitting the same, in writing, at an address specified by
such party at the time of submission, of (i) approval of Plans, or (ii) segments or features of
the Plans which are deemed to be inconsistent or not in conformity with this Declaration
and/or the Design Guidelines. If the Reviewing Body fails to advise the submitting party by
written notice within the period specified in the Design Guidelines of either the approval or
disapproval and suggestions for curing objections, approval shall be deemed to have been
denied unless the Reviewing Body fails to respond within an additional 30 days following
written request from the applicant, in which case approval shall be deemed as having been
given. Notice shall be deemed to have been given at the time the envelope containing
such notice, properly addressed, and postage prepaid, is deposited with the U.S. Postal
Service, registered or certified mail, return receipt requested. Personal delivery, electronic
and facsimile transmission of such written notice shall, however, be sufficient and shall be
deemed to have been given at the time of delivery to the submitting party.
If construction does not commence on a project for which Plans have been
approved within 180 days of such approval, such approval shall be deemed withdrawn, and
it shall be necessary for the Owner to resubmit the Plans to the Reviewing Body for
reconsideration. If construction is not completed on a project for which Plans have been
approved within one and one-half years of such approval, such approval may, in the sole
discretion of the Reviewing Body, be deemed withdrawn, and such incomplete construction
shall then be deemed in violation of this Declaration.
3.4 No Waiver of Future Approvals. Each Owner acknowledges that the
members of the Board and Reviewing Body will change from time to time and that interpretation,
application and enforcement of the Governing Documents may vary accordingly. Approval of
proposals, plans and specifications, or drawings for any work done or proposed, or in connection
with any other matter requiring approval, shall not be deemed to constitute a waiver of the right to
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withhold approval as to any similar proposals, plans and specifications, drawings, or other matters
subsequently or additionally submitted for approval. Should the Reviewing Body permit non-
conforming improvements, it shall not be construed as a waiver of future enforcement rights or
permission for future noncompliance.
3.5 Variances. The Reviewing Body may authorize variances or deny approvals
(a) when reasonable circumstances dictate, such as unusual topography, natural obstructions,
hardship or aesthetic or environmental considerations, and (b) when construction in substantial
accordance with the variance would be consistent with the purposes of the Declaration and com-
patible with existing and anticipated uses of adjoining properties, or construction if not disap-
proved would have a significant detrimental effect on adjoining properties or Valley Ranch. To
that end, a variance shall not be authorized unless the Reviewing Body shall find, upon sufficient
evidence: (i) that there are special circumstances or conditions applying to the lot, building or use
referred to in the plans which do not apply to other properties within Valley Ranch; and, (ii) that
such special circumstances were not created by the owner/applicant; and, (iii) that approval of the
variance is necessary for the preservation and enjoyment of substantial property rights; and, (iv)
that approval of the variance will not be materially detrimental to the existing and anticipated used
of adjoining properties or Valley Ranch. Notwithstanding the above, the Reviewing Body may not
authorize variances without the consent of the Declarant during the Class "B" Control Period.
3.6 Limitation of Liability. Neither the Declarant, the Association, the Board, the
DRC, nor any member or officer of the foregoing, shall bear any responsibility for ensuring the
structural integrity or soundness of approved construction or modifications, nor for ensuring
compliance with building codes and other governmental requirements. Neither the Declarant, the
Association, the Board, the DRC, nor any member or officer of any of the foregoing shall be held
liable for any injury, damages, or loss arising out of the manner or quality of approved construction
on or modifications to any Unit. In all such matters, the Declarant, the Board, the DRC and their
members and officers shall be defended and indemnified on demand by the Association, including
as provided in the By -Laws.
3.7 Enforcement. All approvals granted hereunder shall be deemed conditioned
upon completion of all elements of the approved work and all work previously approved with
respect to the same Unit, unless approval to modify any application has been obtained. The
Association shall be primarily responsible for enforcement of this Article in accordance with the
Governing Documents. If, however, in the discretion of the Declarant, the Association fails to take
appropriate enforcement action within a reasonable time period, the Declarant, during the Class
"B" Control Period or for so long as it owns any portion of the Properties or has a right to annex
property pursuant to Section 9.1, shall be authorized to exercise any enforcement rights which
could have been exercised by the Association.
COMMUNITY GOVERNANCE AND ADMINISTRATION
ARTICLE 4
THE ASSOCIATION AND ITS MEMBERS
4.1 Functions of Association. The Association shall be (i) the entity responsible
for management, maintenance, operation and control of the Area of Common Responsibility; (ii)
the primary entity responsible for compliance with and enforcement of the Governing Documents;
and (iii) the entity permitted to provide for and fund such community activities and services as
deemed necessary, appropriate or desired in accordance with the Governing Documents. The
Association shall also be responsible for preparing those statements and certificates required
under Montana law. Any action, approval, duty or other matter to be performed or undertaken by
the Association or the Board under the terms of the Governing Documents may be delegated in
writing to any other person if the Board determines such delegation to be in the best interests of
the Owners. The Association shall perform its functions in accordance with the Governing
Documents and Montana law.
4.2 Membership. Every Owner shall be a Member of the Association. There
shall be only one membership per Unit. If a Unit is owned by more than one Person, all co -
Owners shall share the privileges of such membership, subject to reasonable Board regulation
and the restrictions on voting set forth in Section 4.3(c) and in the By -Laws, and all such co -
Owners shall be jointly and severally obligated to perform the responsibilities of Owners. The
membership rights of an Owner which is not a natural person may be exercised only by any
officer, director, partner or trustee, or by the individual designated from time to time by the Owner
in a written instrument provided to the Secretary of the Association.
4.3 Voting. The Association shall have two classes of membership, Class "A"
and Class'B."
(a) Class "A". Class "A" Members shall be all Owners except the Class
"B" Member, if any. Class "A" Members shall have one vote for each Unit in which they
hold the interest required for membership under Section 4.2, except that there shall be only
one vote per Unit and no vote shall be exercised for any property which is exempt from
assessment under Section 6.11. All Class "A" votes shall be cast as provided in Section
4.3(c) below. If a Unit consists of real property which has not been platted into individual
Units, the Owner of such Unit shall be deemed to own the number of Units equal to the
maximum number of individual units permitted for such Unit under the appropriate Master
Plan.
Page 5
(b) Class "B". The sole Class "B" Member shall be the Declarant. The
Class "B" Member may appoint a majority of the members of the Board until termination of
the Class "B" Control Period, as set forth below. Additional rights of the Class "B" Member,
including the right to approve, or withhold approval of, actions proposed under this
Declaration, the By -Laws and the Articles, are specified in the relevant sections of this
Declaration, the By -Laws and the Articles.
The Class "B" membership, and thus the Class 'B" Control Period, shall
terminate upon the earlier of:
(1) when 75% of the total number of Units permitted under the most
current Master Plan have been conveyed to Owners other than the Declarant or
affiliates thereof;
(2) 7 years after the first sale of a Unit or Lot within the real
property.
(3) when, in its discretion, exercised in writing and delivered to the
Board and recorded in the Official Records, the Declarant so determines.
ARTICLE 5
ASSOCIATION POWERS AND RESPONSIBILITIES
5.1 Acceptance and Control of Association Property. The Association may
acquire, hold, and dispose of tangible and intangible personal property and real property.
Declarant may convey to the Association improved or unimproved real estate located within the
Properties, including personal property and leasehold and other property interests. Such property
shall be accepted by the Association and thereafter shall be maintained as Area of Common
Responsibility by the Association at its expense for the benefit of its Members.
5.2 Maintenance of the Area of Common Responsibility.
(a) The Association shall maintain and keep in good repair the Area of
Common Responsibility. The Association may also maintain and improve other property
which it does not own, including, without limitation, arroyos, ditches, water courses,
wetlands, streams, water courses, and stream beds, wildlife habitats, and property,
including any trail systems, that may be dedicated to public use, if the Board determines
that such maintenance is necessary or desirable and if otherwise permitted by applicable
law.
5.3 Maintenance in Public Rights -of -Way. The Association may, in its reasonable
discretion, locate and maintain all improvements that are located within or on public easements or
public rights -of -way in accordance with applicable ordinances of the City of Kalispell, Montana
and/or County of Flathead, Montana, and the terms of any easements or licenses applicable.
Page 6
Upon termination of the Class "B" membership, the Declarant shall be a Class "A" Member,
entitled to as many votes as it owns Units.
(c) Exercise of Voting Rights. Except as otherwise specified in this
Declaration or the By -Laws, the vote for each Unit owned by a Class "A" Member shall be
exercised by such Owner.
In any situation where a Member is entitled personally to exercise the vote for
his or her Unit, and there is more than one Owner of such Unit, the vote for such Unit shall
be exercised as the Co -Owners determine among themselves and advise the Secretary of
the Association in writing prior to the vote being taken. Absent such advice, the Unit's vote
shall be suspended if more than one Person seeks to exercise it. Unless otherwise
provided in this Declaration, any act for which the vote of the Members is required shall be
approved if consented to by those Members whose combined votes constitute more than
fifty percent (50%) of all votes attributable to the Members entitled to vote thereon at any
meeting or action in lieu of a meeting at which a quorum is present.
Except as otherwise specifically provided herein, all costs for maintenance,
repair and replacement of the Area of Common Responsibility shall be a Common Expense
allocated among all Units as part of the Base Assessment, without prejudice to the right of
the Association to seek reimbursement from Persons responsible for such work pursuant to
this Declaration, any Covenant to Share Costs, other recorded covenants, or agreements
with such Persons.
(b) The Association shall maintain the facilities and equipment within the
Area of Common Responsibility in continuous operation, except for any periods necessary,
as determined in the sole discretion of the Board, to perform required maintenance or
repairs, unless the Board and the Class "B" Member, if any, agree in writing to discontinue
such operation.
(c) The costs associated with maintenance, repair and replacement of the
Area of Common Responsibility shall be a Common Expense; provided, the Association
may seek reimbursement from the Owner(s) of, or other Persons responsible for, certain
portions of the Area of Common Responsibility pursuant to this Declaration, any Covenant
to Share Costs, other recorded covenants, or agreements with the owner(s) thereof.
Nothing in this Section 5.2 shall prejudice the right of the Association to seek
reimbursement from any Person whose negligent or wrongful acts or omissions
necessitated such repairs or replacement.
5.4 Insurance. To the extent deemed reasonably necessary by the Board, the
Association shall obtain and continue in effect whatever insurance the Board deems necessary,
including, but not limited to, property insurance, liability insurance, and Directors and officers
Errors and Omissions insurance.
5.5 Compliance and Enforcement.
(a) Every Owner and every occupant of a Unit shall comply with the
Governing Documents and all rules, regulations and policies of the Association. The Board
may impose sanctions for violation of the foregoing, after notice and an opportunity for a
hearing in accordance with the procedures set forth in the By -Laws. Such sanctions may
include, without limitation, some or all of the following:
(1) reasonable monetary fines (including for failure to grant
reasonable permission to enter a Unit as may be reasonably requested by the
Association in accordance with this Declaration) which shall constitute a lien upon
the violator's Unit. (If any occupant, guest or invitee of a Unit violates the
Declaration, the By -Laws or any rule or regulation and a fine is imposed, the fine
shall first be assessed against the occupant; provided, however, if the fine is not
paid by the occupant within the time period set by the Board, the Owner shall pay
(6) requiring an Owner, at its own expense, to remove any structure
or improvement on such Owner's Unit or Lot in violation of Article 3 and to restore
the Unit to its previous condition and, upon failure of the Owner to do so, the Board
or its designee shall have the right to enter the property, remove the violation and
restore the property to substantially the same condition as previously existed and
any such action shall not be deemed a trespass;
(7) without liability to any Person, precluding any contractor,
subcontractor, agent, employee or other invitee of an Owner who fails to comply with
the terms and provisions of Article 3 from continuing or performing any further
activities in the Properties; and
(8) levying Benefited Assessments to cover costs incurred by the
Association to bring a Unit into compliance with the Governing Documents.
(b) In addition, the Board may take the following enforcement procedures
to ensure compliance with the Governing Documents without the necessity of compliance
with the procedures set forth in the By -Laws:
(1) exercising self-help in any emergency situation; and
(2) bringing suit at law or in equity to enjoin any violation or to
recover monetary damages or both.
All remedies set forth in the Governing Documents shall be cumulative of any
remedies available at law or in equity. In any action to enforce the provisions of the
Governing Documents or any rule or regulation, the Association shall be entitled to recover
Page 7
the fine upon notice from the Board). Such fines shall be levied in accordance with
applicable law.
(2) suspending an Owner's right to vote;
(3) suspending any Person's right to use any recreational facilities
within the Common Area (provided, however, nothing herein shall authorize the
Board to prohibit ingress or egress to or from a Unit);
(4) suspending any services provided by the Association to an
Owner or the Owner's Unit if the Owner is more than 30 days delinquent in paying
any assessment or other charge owed to the Association;
(5) exercising self-help or taking action to abate any violation of the
Governing Documents in a non -emergency situation (specifically including, but not
limited to, the towing of vehicles that are in violation of any applicable parking rules
and regulations);
all costs, including, without limitation, attorneys fees and court costs, reasonably incurred in
such action.
The Association shall not be obligated to take action to enforce any covenant,
restriction, or rule which the Board reasonably determines is, or is likely to be construed as,
inconsistent with the applicable law, or in any case in which the Board reasonably
determines that it would not be economically prudent or would otherwise not be of sufficient
benefit to the Association to justify taking enforcement action. Any such determination shall
not be construed a waiver of the right of the Association to enforce such provision at a later
time under other circumstances or stop the Association from enforcing any other covenant,
restriction or rule.
The Association shall have the right to enter private property to enforce rules,
after written notification, such as to manage weeds, correct drainage issues, service
easements, maintain fencing, and inspect the grounds or activities. If violations are found
the Association shall have the right to 1) fine the negligent Owner per day for said
continued violation and the fines shall be a continuing lien upon the Owners property, 2)
correct the violation and charge the Owner -Lot Owner for the reasonable cost thereof,
and/or maintain any action in law or equity for enforcement of the covenants.
5.6 Implied Rights; Board Authority. The Association may exercise any right or
privilege given to it expressly by the Governing Documents or which may be reasonably implied
from, or reasonably necessary to effectuate, any such right or privilege. Except as otherwise spe-
cifically provided in the Governing Documents, or by law, all rights and powers of the Association
may be exercised by the Board without a vote of the membership.
5.7 Disclaimer of Liability. Neither the Association, the Board, any officers or
committee members of the Association, the Association's management company, the Declarant,
nor any successor Declarant shall be liable or responsible for any personal injury, illness or any
other loss or damage caused by the presence or malfunction of utility lines, or utility sub -stations
adjacent to, near, over, or on the Properties. Each Owner and occupant of a Unit and each
tenant, guest, and invitee of any Owner, Declarant, or occupant shall assume all risk of personal
injury, illness, or other loss or damage arising from the presence or malfunction of utility lines,
utility sub -stations, and electromagnetic fields and further acknowledges that the Association, the
Board, the officers of the Association, the management company of the Association, the Declarant
or any successor Declarant have made no representations or warranties, nor has any Owner or
occupant, or any tenant, guest, or invitee of any Owner, Declarant, or occupant relied upon any
representations or warranties, expressed or implied, relative to the condition or impact of utility
lines or utility sub -stations, or electromagnetic fields.
No provision of the Governing Documents shall be interpreted as creating a duty of
the Association, the Board, the officers of the Association, the management company of the Asso-
ciation, the Declarant nor any successor Declarant to protect or further the health, safety or wel-
fare of any Person(s), even if the funds of the Association are used for any such purpose.
Each Owner (by virtue of his or her acceptance of title to his or her Unit) and each
other Person having an interest in or lien upon, or making any use of, any portion of the Properties
(by virtue of accepting such interest or lien or making such use) shall be bound by this Section 5.7
ARTICLE 6
ASSOCIATION FINANCES
6.1 Budgeting and Allocating Common Expenses. Not less than 30 days before
the beginning of each fiscal year, the Board shall prepare a budget covering the Common
Expenses estimated to be incurred during the coming year. The budget may include a reserve
fund as provided below.
The Base Assessment shall be levied equally against all Units subject to
assessment and shall be set at a level which is reasonably expected to produce total receipts for
the Association equal to the total budgeted Common Expenses, including contributions to
reserves. In determining the level of assessments, the Board, in its discretion, may consider other
sources of funds available to the Association. In addition, the Board shall take into account the
number of Units subject to assessment under Section 6.9 on the first day of the fiscal year for
which the budget is prepared and the number of Units reasonably anticipated to become subject
to assessment during the fiscal year.
The Declarant may, but shall not be obligated to, reduce the Base Assessment for
any fiscal year by payment of a subsidy (in addition to any amounts paid by Declarant under
Section 6.4), which may be either a contribution, an advance against future assessments due from
the Declarant, or a loan, in the Declarant's discretion. Any such subsidy shall be disclosed as a
Page 8
and shall be deemed to have waived any and all rights, claims, demands and causes of action
against the Association, the Board, the officers of the Association, the Association's management
company, the Declarant and any successor Declarant arising from or connected with any matter
for which the liability has been disclaimed.
5.8 Security. It is the goal of all Owners, including Declarant, to have a safe and
healthy environment. The Association may, but shall not be obligated to, maintain or support
certain activities within the Properties designed to make the Properties safer than they otherwise
might be; provided, neither the Association, the Board, the officers of the Association, the Asso-
ciation's management company, nor the Declarant or any successor Declarant, shall in any way
be considered insurers or guarantors of security within the Properties. Neither the Association,
the Board, the officers of the Association, the Association's management company, nor the De-
clarant or any successor Declarant shall be held liable for any loss or damage for failure to provide
adequate security or for the ineffectiveness of security measures undertaken.
5.9 Pedestrian Trail System Open to the Public. All Owners hereby acknowledge
that hiking, bicycle, pedestrian or similar type trail system or systems located within all or a portion
of the Properties may be maintained by the Association, and may be open for the use and
enjoyment of the public in accordance with any applicable rules, regulations and ordinances of the
City of Kalispell, Montana and/or County of Flathead, Montana.
line item in the Common Expense budget. The payment of such subsidy in any year shall not obli-
gate the Declarant to continue payment of such subsidy in future years.
Notice of assessments shall be posted in a prominent place within the Properties
and included in the Association's newsletter, if any. If the Board fails for any reason to determine
the budget for any year, then and until such time as a budget shall have been determined, the
budget in effect for the immediately preceding year shall continue for the current year.
6.2 Budgeting for Reserves. The Board shall prepare, on an annual basis,
reserve budgets which take into account the number and nature of replaceable assets, the
expected life of each asset, and the expected repair or replacement cost of each asset. Such
reserve budgets may also anticipate making additional capital improvements and purchasing
additional capital assets. The Board shall include in the Base Assessments reserve contributions
in amounts sufficient to meet these projected needs, if any, as well as reserves to meet any other
reasonable purpose, including reserves for delinquent assessments.
The Board may adopt resolutions regarding the expenditure of reserve funds,
including policies designating the nature of assets for which reserve funds may be expended.
During the Class "B" Control Period, neither the Association nor the Board shall adopt, modify,
limit, or expand such policies without the Declarant's prior written consent.
6.3 Authority to Assess Owners, Time of Payment. The Association may levy
assessments against each Unit for Association expenses as the Board may specifically authorize
from time to time. There shall be four types of assessments for Association expenses: (a) Base
Assessments; (b) Special Assessments; and (c) Benefited Assessments. Each Owner, by
acquiring legal or equitable title for any portion of the Properties, is deemed to covenant and agree
to pay these assessments.
Assessments shall be paid in such manner and by such dates as the Board may
establish. If any Owner is delinquent in paying any assessments or other charges levied on his or
her Unit, the Board may assess a late charge and require unpaid installments of all outstanding
assessments to be paid in full immediately.
6.4 Declarant's Option to Fund Budget Deficits. During the Class "B" Control
Period, Declarant may annually elect either to pay assessments on all of its unsold Units or to pay
the shortage (or operating deficit), if any, for such fiscal year; provided however, Declarant shall
not be responsible for any shortage resulting from the failure of any Owner to pay assessments
applicable to such Owner. Such "shortage" shall be deemed to exist if Income and Revenues, as
defined in paragraph (a) below, are less than Expenditures incurred, as defined in paragraph (b)
below.
(a) Income and Revenues are: the amount of all income and revenue of
any kind received and/or earned by the Association, excluding refundable deposits.
(b) Expenditures are: the amount of all actual operating expenses
incurred, or obligated for, by the Association during the fiscal year, including any reserve
6.6 Benefited Assessments. The Board may levy Benefited Assessments against
particular Units for expenses incurred or to be incurred by the Association as follows. -
(a) to cover the costs or reasonable portion thereof, including overhead
and administrative costs, of providing benefits, items, or services to the Unit or occupants
thereof upon request of the Owner pursuant to a menu of special services which the Board
may from time to time authorize, which assessments may be levied in advance of the
provision of the requested benefit, item or service as a deposit against charges to be
incurred by the Owner; and
(b) to cover costs incurred (including overhead and administrative costs) in
bringing the Unit into compliance with the Governing Documents or costs incurred
(including overhead and administrative costs) as a consequence of the conduct of the
Owner or occupants of the Unit, their licensees, invitees, or guests; provided, the Board
shall give the Unit Owner prior written notice and an opportunity for a hearing before
levying a Benefited Assessment under this subsection (b).
6.7 Personal Obligation. Each Owner is deemed to covenant and agree to pay
all assessments authorized in this Declaration (and, with respect to Units owned jointly, all such
Page 9
contributions for such year, but excluding all non -cash expenses such as depreciation or
amortization, all expenditures and reserve contributions for making additional capital
improvements or purchasing additional capital assets, and all expenditures made from
reserve funds.
(c) Unless the Declarant otherwise notifies the Board in writing at least 60
days before the beginning of each fiscal year, the Declarant shall be deemed to have
elected to continue paying on the same basis as during the immediately preceding fiscal
year. The Association is specifically authorized to enter into subsidy contracts or contracts
for "in -kind" contribution of services, materials, or a combination of services and materials
with the Declarant or other entities for payment of Common Expenses. After termination of
the Class "B" Control Period, the Declarant shall pay assessments on its unsold Units in the
same manner as any other Owner.
6.5 Special Assessments. In addition to other authorized assessments, the
Board may levy Special Assessments from time to time to cover unbudgeted expenses or
expenses in excess of those budgeted, including sums expended on capital -type items, to the
extent not included within Base Assessments. Such Special Assessment may be levied against
the entire membership, if for Common Expenses. Such Special Assessments shall become
effective unless disapproved by the Declarant during the Class "B" Control Period within 60 days
following the levy of such assessment. Special Assessments shall be payable in such manner
and at such times as determined by the Board and may be payable in installments extending
beyond the fiscal year in which the Special Assessment is approved.
Owners are deemed to covenant and agree to pay assessments jointly and severally). All
assessments, together with interest from the due date of such assessment at the rate of 15% or
highest rate allowable under Montana law, per annum unless a different rate is determined by the
Board, reasonable late charges established by Board, costs, and attorney's fees, shall be the
personal obligation of the Person who was the Owner of such Unit at the time the assessment
arose. Upon a transfer of legal or equitable title to a Unit, the grantee shall be jointly and severally
liable for any assessments and other charges due at the time of conveyance. However, no first
Mortgagee who obtains title to a Unit by exercising the remedies provided in its Mortgage shall be
liable for unpaid assessments which accrued prior to such acquisition of title.
No Owner may exempt himself from liability for assessments by non-use of Common
Area, abandonment of his Unit, or any other means. The obligation to pay assessments is a
separate and independent covenant on the part of each Owner. No diminution or abatement of
assessments or set-off shall be claimed or allowed for any alleged failure of the Association or
Board to take some action or perform some function required of it, or for inconvenience or
discomfort arising from the making of repairs or improvements, or from any other action it takes.
The Board shall, upon written request, furnish to any Owner liable for any type of
assessment or its Mortgagee a certificate in writing signed by an officer of the Board or its
designated agent setting forth whether such assessment has been paid and the amount of any
unpaid assessments, within the time periods prescribed by law. A properly -executed certificate of
the Board as to the status of assessments on a Unit will be binding on the Board as of the date of
6.8 Lien for Assessments. All assessments shall constitute a lien against the Unit
against which they are levied until paid unless otherwise specifically precluded in this Declaration.
The lien shall also secure payment of all interest, late charges, costs of collection and such lien
shall be superior to all other liens, except (a) the liens of all taxes, bonds, assessments, and other
levies which by law would be superior, and (b) the lien or charge of any first Mortgage of record
(meaning any recorded Mortgage with first priority over other Mortgages) made in good faith and
for value. By recordation of this Declaration, the Association is granted a perfected, consensual
and continuing lien upon each Unit against which an assessment is made or has been incurred for
the payment of amounts due pursuant to this Declaration, and any further recordation of any claim
of lien or notice of lien is not required for perfection or enforcement of the Association's lien for
assessments and other such amounts. The Association may enforce such lien, when any
assessment or other charge is delinquent, or take any other action either independently or
simultaneous to the extent permitted at law or in equity, including the foreclosure of any said liens.
The Association may bid for the Unit at the foreclosure sale and acquire, hold, lease,
mortgage, and convey the Unit. While a Unit is owned by the Association following foreclosure: (a)
no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on it; and (c)
each other Unit shall be charged, in addition to its usual assessment, its equal pro rata share of
the assessment that would have been charged such Unit had it not been acquired by the Associa-
tion. The Association may sue or take any other action permitted at law or in equity for unpaid
Common Expenses and costs without foreclosing or waiving the lien securing the same.
6.11 Exempt Property. The following property shall be exempt from payment of
assessments:
(a) all Common Area; and,
(b) all property dedicated to and accepted by any governmental authority
or public utility.
In addition, the Declarant and/or the Association shall have the right, but not the
obligation, to grant exemptions to certain Persons qualifying for tax-exempt status under Section
501(c) of the Internal Revenue Code so long as such Persons own and operate property subject
to this Declaration for purposes listed in Section 501 (c) and for the purposes for which such
exemption was granted.
COMMUNITY DEVELOPMENT
ARTICLE 7
EXPANSION AND REDUCTION OF THE COMMUNITY
issuance of the certificate and for the time periods specified in the certificate. Payment of a
processing fee for the issuance of such certificate may be required.
The sale or transfer of any Unit shall not affect the assessment lien or relieve such
Unit from the lien for any subsequent assessments. However, a Mortgagee holding a first
Mortgage of record or other purchaser of a Unit who obtains title pursuant to foreclosure of the
Mortgage shall not be personally liable for assessments on such Unit due prior to such acquisition
of title. Such unpaid assessments shall be deemed to be Common Expenses collectible from
Owners of all Units subject to assessment, including such acquirer, its successors and assigns.
6.9 Date of Commencement of Assessment Obligations. The obligation to pay
assessments shall commence as to each Unit on the first day of the month following: (a) the date
the Unit is made subject to this Declaration, or (b) the date the Association first determines a
budget and levies assessments pursuant to this Article, whichever is later. The first annual Base
Assessment against each Unit shall be adjusted according to the number of months remaining in
the fiscal year at the time assessments commence on the Unit.
6.10 Failure to Assess. Failure of the Board to fix assessment amounts or rates or
to deliver or mail each Owner an assessment notice shall not be deemed a waiver, modification,
or a release of any Owner from the obligation to pay assessments. In such event, each Owner
shall continue to pay assessments on the same basis as for the last year for which an assessment
was made, if any, until a new assessment is made, at which time the Association may
retroactively assess any shortfalls in collections.
Page 10
7.1 Expansion by the Declarant. Declarant may from time to time, subject to the
provisions of this Declaration, incorporate all or any portion of the real property located adjacent to
or in the vicinity thereof by filing a Supplemental Declaration in the Official Records describing the
additional property to be subjected. A Supplemental Declaration filed pursuant to this Section
shall not require the consent of any Person except the owner of such property, if other than
Declarant.
The Declarant's right to expand the community pursuant to this Section shall expire
upon termination of the Class "B" Control Period or 20 years after the recording of this Declaration
in the Official Records, whichever is earlier. Nothing in this Declaration shall be construed to re-
quire the Declarant or any successor to subject additional property to this Declaration or to de-
velop any other property in any manner whatsoever.
7.2 Expansion by the Association. The Association may also subject additional
property to the provisions of this Declaration by filing a Supplemental Declaration in the Official
Records describing the additional property. Any such Supplemental Declaration shall require the
affirmative vote of Members representing a majority of the Class "A" votes of the Association and
the consent of the owner of the additional property. In addition, during the Class "B" Control
Period, the consent of the Declarant shall be necessary. The Supplemental Declaration shall be
signed by the President and Secretary of the Association, by the owner of the additional property,
and by Declarant, if Declarant's consent is necessary.
7.3 Additional Covenants and Easements. The Declarant may subject any
portion of the Properties to additional covenants and easements, including covenants obligating
the Association to maintain and insure such property and authorizing the Association to recover its
costs through Assessments. Such additional covenants and easements may be set forth either in
a Supplemental Declaration subjecting such property to this Declaration or in a separate
Supplemental Declaration referencing property previously subjected to this Declaration. If the
property is owned by someone other than Declarant, then the consent of the Owner(s) shall be
necessary and shall be evidenced by their execution of the Supplemental Declaration. Any such
Supplemental Declaration may supplement, create exceptions to, or otherwise modify the terms of
this Declaration as it applies to the subject property in order to reflect the different character and
intended use of such property.
7.4 Effect of Filing Supplemental Declaration. Any Supplemental Declaration filed
pursuant to this Article shall be effective upon recording in the Official Records unless otherwise
specified in such Supplemental Declaration. On the effective date of the Supplemental Declara-
tion, any additional property subjected to this Declaration shall be assigned voting rights in the
Association and assessment liability in accordance with the provisions of this Declaration.
7.5 De -annexation of Property. Declarant reserves the right to de -annex any real
property from the terms of this Declaration at any time during the Class 'B" Control Period without
prior notice and without the consent of any Person, for the purpose of removing such real property
from the coverage of this Declaration or clarifying that such property is no longer subject to
annexation, provided such action is not materially adverse to the overall, uniform scheme of de-
velopment for the Properties. If Declarant elects to de -annex any property, Declarant shall record
The Declarant and its employees, agents and designees shall also have a right and
easement over and upon all of the Common Area for the purpose of making, constructing and in-
stalling such improvements to the Common Area as it deems appropriate in its sole discretion.
8.3 Other Covenants Prohibited. No Person shall record any declaration of
covenants, conditions and restrictions, or declaration of condominium or similar instrument
affecting any portion of the Properties during the Class "B" Control Period without Declarant's
written consent. Any attempted recordation without such consent shall result in such instrument
being void and of no force and effect unless subsequently approved by recorded consent signed
by the Declarant.
8.4 Right to Approve Changes. Notwithstanding any contrary provision of this
Declaration, no amendment to or modification of any rules, use guidelines or restrictions, or
Governing Documents affecting the Properties shall be effective without prior notice to and the
written approval of the Declarant during the Class "B" Control Period.
Page 11
a Supplemental Declaration in the Official Records. A change in the Owners percentage in
Common Elements shall not be a material adverse change.
ARTICLE 8
RIGHTS RESERVED TO DECLARANT
8.1 Construction of Improvements. The Declarant and its employees, agents and
designees shall have a right and easement over and upon all of the Common Area for the purpose
of making, constructing, installing, modifying, expanding, replacing, and removing any improve-
ments to the Common Area as it deems appropriate in its sole discretion.
8.2 Right to Use Common Area. The Declarant and its designees may maintain
and carry on upon portions of the Common Area such facilities and activities as, in the sole
opinion of the Declarant, may be required, convenient, or incidental to the construction or sale of
Units, including, but not limited to, business offices, signs, model Dwelling Units, and sales offices.
The Declarant and its designees shall have easements for access to and use of such facilities.
The Declarant and its designees, during the course of construction on the Properties
adjacent to any Common Area, may use such Common Area for temporary storage and for
facilitating construction on adjacent property. The user of such Common Area will return the
Common Area to the condition it was in prior to its use. If the Declarant use under this Section
results in additional costs to the Association, the Declarant shall reimburse the Association for
such costs, but the Declarant shall not be obligated to pay any use fees, rent or similar charges for
its use of Common Areas pursuant to this Section.
8.5 Right to Transfer or Assign Declarant Rights. Any or all of the rights and
obligations of the Declarant set forth in this Declaration may be transferred to other Persons. No
such transfer shall be effective unless it is in a written instrument signed by the Declarant and duly
recorded in the Official Records.
8.6 Amendment. This Article shall not be amended without the prior written
consent of Declarant during the Class "B" Control Period. The rights contained in this Article shall
terminate upon the earlier of (a) 50 years after the conveyance of the first Unit to an Owner, or (b)
the recording by Declarant of a written statement terminating such rights. Thereafter, the
Declarant and its designees may continue to use the Common Area for purposes stated in this
Article only pursuant to a rental or lease agreement between the Declarant and/or such designee
and the Association.
PROPERTY RIGHTS WITHIN THE COMMUNITY
ARTICLE 9
FARFMFNTR
9.1 Easements in Common Area. Every Owner shall have a right and
nonexclusive easement of use, access, and enjoyment in and to the Common Area, and such
right and nonexclusive easement shall be appurtenant to such Owner's Unit, subject to:
(c) The right of the Board to adopt rules, regulations or policies regulating
the use and enjoyment of the Common Area, including rules restricting use of recreational
facilities within the Common Area to owners of Units and their guests, and rules limiting the
number of occupants and guests who may use the Common Area,
(d) The right of the Board to suspend the right of an Owner to use
recreational facilities within the Common Area;
(e) The right of the Association to dedicate or transfer all or any part of the
Common Area to governmental entities ;
(f) The right of the Board to impose reasonable membership requirements
and charge reasonable membership, admission, or other fees for the use of any
recreational facility situated upon the Common Area;
(g) The right of the Board to permit use of any Common Area recreational,
educational, or cultural facilities by non -Owners, their families, lessees, invitees and guests;
9.2 Easements of Encroachment. Declarant reserves unto itself easements of
encroachment, and easements for maintenance and use of any permitted encroachment, between
each Unit and any adjacent Common Area and between adjacent Units due to the unintentional
placement or settling or shifting of the improvements constructed, reconstructed, or altered
thereon (in accordance with this Declaration) to a distance of not more than three feet, as
measured from any point on the common boundary along a line perpendicular to such boundary.
However, in no event shall an easement for encroachment exist if such encroachment occurred
due to willful and knowing conduct on the part of the Declarant. Additionally, Declarant reserves
easements of encroachment (not more than one foot in distance from any Unit boundary line) for
Unit Owners if the encroachment was unintentional and the encroaching item or structure was
built in substantial conformity with plans approved by the appropriate Reviewing Body pursuant to
Article 3.
9.3 Easements for Utilities, Etc. Declarant reserves unto itself, and grants to the
Association, an easement for the purpose of access and maintenance upon, across, over, and
under all of the Properties to the extent reasonably necessary to install, replace, repair, and
maintain cable television systems, master television antenna systems, security and similar
systems, roads, walkways, bicycle pathways, trails, lakes, ponds, streams or other watercourses,
wetlands, drainage systems, street lights, signage, and all utilities, including, but not limited to,
water, sewers, meter boxes, telephone, gas, and electricity. The Declarant and/or the Association
(a) This Declaration, and any other applicable covenants;
(b) Any restrictions or limitations contained in any deed conveying such
property to the Association;
(h) The right of the Board to create, enter agreements with, grant
easements to and transfer portions of the Common Area to non-profit or tax-exempt
organizations;
(i) The right of the Board, with respect to Common Area, to enter
agreements with or grant easements to neighboring property owners;
(j) The right of the Association to mortgage, pledge, or hypothecate any
or all of its real or personal property as security for Association obligations;
(k) The right of the Board to change the use of any portion of the Common
Area (with the consent of the Declarant during the Class "B" Control Period); and
(1) The rights and obligations of the Association, acting through its Board,
to restrict, regulate or limit Owners' and occupants' use of the Common Area for health and
safety purposes, or for environmental preservation purposes, including, without limitation,
wildlife corridors, wildlife ranges and natural wildlife habitant.
may assign these rights to any local utility supplier, cable company, security company or other
company providing a service or utility to Valley Ranch subject to the limitations herein.
This easement shall not entitle the holders to construct or install any of the foregoing
systems, facilities, or utilities over, under or through any existing Dwelling Unit, and any damage
to a Unit resulting from the exercise of this easement shall promptly be repaired by, and at the
expense of, the Person exercising the easement. The exercise of this easement shall not
unreasonably interfere with the use of any Unit and, except in an emergency, entry onto any Unit
shall be made only after reasonable notice to the Owner or occupant.
Page 12
Declarant specifically grants to the local utility suppliers easements across the
Properties for ingress, egress, installation, reading, replacing, repairing, and maintaining utility
meters and boxes. However, the exercise of this easement shall not extend to permitting entry
into the Dwelling Unit on any Unit, nor shall any utilities be installed or relocated on the Properties,
except as approved by the Board and Declarant during the Class "B" Control Period.
9.4 Easements to Serve Additional Property. The Declarant hereby reserves
unto itself and its duly -authorized agents, representatives, employees, successors, assigns,
licensees, and Mortgagees, an easement over the Common Area for the purposes of enjoyment,
use, access, and development of the real properties adjacent to Valley Ranch, whether or not
such property is made subject to this Declaration. This easement includes, but is not limited to, a
right of ingress and egress over the Common Area for construction of roads and for connecting
and installing utilities on such property. Declarant further agrees that if the easement is exercised
for permanent enjoyment and use of and/or access to such property, and such property or any
portion thereof is not made subject to this Declaration, the Declarant shall enter into a reasonable
9.5 Easements for Cross -Drainage. Every Unit and the Common Area shall be
burdened with easements for natural drainage of storm water runoff from other portions of the
Properties; provided, no Person shall discharge any water, backwash any pool, spa or similar im-
provements, or alter the natural drainage on any Unit to increase materially the drainage of storm
water onto adjacent portions of the Properties or the Common Areas without the consent of the
Owner(s) of the affected property, the Board, and the Declarant during the Class "B" Control
Period.
9.6 Right of Entry. The Association shall have the right, but not the obligation,
and a perpetual easement is hereby granted to the Association, to enter all portions of the
Properties, including each Unit, for emergency, security, and safety reasons. Such right may be
exercised by the authorized agents of the Association, its Board, officers or committees, and by all
police officers, fire fighters, ambulance personnel, and similar emergency personnel in the
performance of their duties. Except in emergencies, entry onto a Unit shall be only during
reasonable hours and after notice to and permission from the Owner thereof. This easement
includes the right to enter any dwelling on any Unit to cure any condition which increases the risk
of fire or other hazard if an Owner fails or refuses to cure the condition within a reasonable time
after request by the Board, but does not authorize entry into any Dwelling Unit without permission
of the Owner, except by emergency personnel acting in their official capacities. Public providers
of emergency services shall have access to Units in an emergency as provided by state law and,
if applicable, City of Kalispell, Montana and/or County of Flathead, Montana, operating policies.
9.9 Easements for Lake and Pond Maintenance and Flood Water. Declarant re-
serves for itself, the Association, and their successors, assigns, and designees, the nonexclusive
right and easement, but not the obligation, to enter upon the arroyos, lakes, ponds, rivers, streams
and wetlands located within the Area of Common Responsibility to, without limitation, (a)
construct, maintain, and repair wells, pumps and water distribution facilities in order to provide
water for the irrigation of any of the Area of Common Responsibility; (b) construct, maintain, and
repair any bulkhead, wall, dam, or other structure retaining or channeling water, and (c) remove
trash and other debris therefrom and fulfill their maintenance responsibilities as provided in this
Declaration. Declarant, the Association, and their successors, assigns and designees shall have
an access easement over and across any of the Properties abutting or containing any portion of
any of the arroyos, lakes, ponds, rivers, streams, or wetlands to the extent reasonably necessary
to exercise their rights under this Section.
There is further reserved herein for the benefit of Declarant, the Association, and
their successors, assigns and designees, a perpetual, nonexclusive right and easement of access
and encroachment over the Common Area and Units (but not the dwellings thereon) adjacent to or
within one hundred feet of arroyos, lake beds, ponds, rivers, streams and wetlands within the
Properties, in order to (a) temporarily flood and back water upon and maintain water over such
portions of the Properties; (b) fill, drain, dredge, deepen, clean, fertilize, dye, and generally
maintain the arroyos, lakes, ponds, rivers, streams, and wetlands within the Area of Common
Page 13
agreement with the Association to share the cost of maintenance of any access roadway serving
such property.
9.7 Easements for Maintenance and Enforcement. Authorized agents of the
Association, shall have the right, and a perpetual easement is hereby granted to the Association,
to enter all portions of the Properties, including each Unit to (a) perform its maintenance
responsibilities, if any, and (b) make inspections to ensure compliance with this Declaration.
Except in emergencies, entry onto a Unit shall be only during reasonable hours and after notice to
and permission from the Owner. This easement shall be exercised with a minimum of
interference to the quiet enjoyment to Owners' property, and any physical damage caused by the
Association shall be repaired by the Association at its expense. The Association also may enter a
Unit to abate or remove, using such measures as may be reasonably necessary, any structure,
thing or condition which violates the Governing Documents.
9.8 Rights to Storm Water Runoff, Effluent and Water Reclamation. Declarant
hereby reserves for itself and its designees, all rights to ground water, surface water, storm water
runoff, and effluent located or produced within the Properties. Such right shall include an
easement over the Properties for access, and for installation and maintenance of facilities and
equipment to capture and transport such water, runoff and effluent. This Section may not be
amended without the consent of the Declarant or its successor, and the rights created in this
Section shall survive termination of this Declaration.
Responsibility subject to the approval of all appropriate regulatory bodies; (c) maintain and
landscape the slopes and banks pertaining to such arroyos, lakes, ponds, rivers, streams, and
wetlands; and (d) enter upon and across such portions of the Properties for the purpose of
exercising their rights under this Section. All Persons entitled to exercise these easements shall
use reasonable care in and repair any damage resulting from, the intentional exercise of the rights
granted under such easements. Nothing herein shall be construed to make Declarant, the
Association, or any other Person liable for damage resulting from flooding due to heavy rainfall, or
other natural occurrences.
9.10 Easement for Use of Private Streets. The Declarant hereby creates a perpet-
ual, nonexclusive easement for access, ingress and egress over the private streets within the
Common Area (and any Exclusive Common Area), for law enforcement, fire fighting, paramedic,
rescue and other emergency vehicles, equipment and personnel; for school buses; for U.S. Postal
Service delivery vehicles and personnel; private delivery or courier services; and for vehicles,
equipment and personnel providing garbage collection service to the Properties; provided, such
easement shall not authorize any such Persons to enter the Properties except while acting in their
official capacities.
9.11 Easements for Tax Exempt Organizations. Tax-exempt organizations desig-
nated or established by the Declarant or the Association to maintain or assist in the preservation
of any environmentally -sensitive areas, including but not limited to any wetlands or wildlife habitat
areas, shall have easements over the Common Area to the extent necessary to carry out their
responsibilities.
ARTICLE 10
PARTY WALLS AND OTHER SHARED STRUCTURES
10.1 General Rules of Law to Apply. Each wall, driveway or similar structure built
as a part of the original construction on the Units which serves and/or separates any two adjoining
Units shall constitute a party structure. To the extent not inconsistent with the provisions of this
Section, the general rules of law regarding party walls and liability for property damage due to
negligence or willful acts or omissions shall apply thereto.
10.2 Maintenance; Damage and Destruction. All Owners whose Unit is served or
separated by any party structure shall share the cost of reasonable repair and maintenance of
such structure equally. If a party structure is destroyed or damaged by fire or other casualty, then
to the extent that such damage is not covered by insurance and repaired out of the proceeds of
insurance, any Owner who has used the structure may restore it. If other Owners subsequently
use the structure they shall contribute to the restoration cost in equal proportions. However, such
contribution will not prejudice the right to call for a larger contribution from the other users under
any rule of law regarding liability for negligent or willful acts or omissions.
10.3 Right to Contribution Runs With Land. The right of an Owner to contribution
from any other Owner under this Section shall be appurtenant to the land and shall pass to such
Owner's successors -in -title.
10.4 Disputes. Any dispute concerning a party structure shall be subject to the
dispute resolution procedures set forth in Article XIII.
ARTICLE 11
USE RESTRICTIONS
11.1 Owners shall be responsible for maintaining a weed maintenance program on their
respective Lots to the minimum standards set forth by the Association. The Association shall
maintain a weed management program on that area of common responsibility and the Association
and its assigns hereby reserves an easement to include the right to notify, enter, and administer
the weed management program on negligent Owner's Lots. The Association weed management
program shall include those standards as are adopted by the Association board of directors on a
yearly basis. Variance in methodology may be allowed in specific circumstances.
11.2 The collection and removal of domestic garbage and waste is the sole responsibility
of the Owner. All garbage shall be kept in bear proof containers and collection facilities shall be
contained within a closed area screened from public view.
11.3. The Association shall own and maintain the property line fencing, if any, and have a
right to notify and enter Owners' properties if necessary for the sole purpose of maintaining said
fence.
11.4 No vehicles or trailers shall be allowed to park on the driving service or shoulders of
the public right of ways within Valley Ranch, outside of those designated areas. Special occasions
may be allowed for Owner or permitted events if there are attendants for traffic control. The
Association shall have the right to enforce the terms and provisions herein provided against the
Owners responsible for said violations.
Page 14
11.5 No recreational vehicles or trailers of any type, without a permit by the Board, shall
be stored visibly upon a Lot without approved enclosures. This includes ATVs, boats, trailers,
RVs, campers, snowmobiles, jet skis, etc.
11.6 The discharge of any firearms or explosives within the premises of Valley Ranch is
strictly prohibited unless there is a permitted and/or approved special event or period approved by
the board.
11.7 No signs shall be allowed to be maintained in public purview within Valley Ranch
unless specifically approved by the Board, excepting there from road signs. No advertising signs
shall be permitted without Board approval. Realtor signs shall be limited to 18 x 12 inch approved
signs stating for sale with a phone number only; as approved by the Board. Non approved signs
may be removed by the Association and/or Declarant. Address markers shall be standardized
throughout the development and be approved by the Board.
11.8 The presence of any livestock, fowl, animal husbandry, free -roaming dogs or
domestic animals, barnyard animals or other animals shall be strictly prohibited.
11.9 No inoperable vehicles, junk or waste of any kind shall be permitted to be piled or
stored on any Lot for more than 10 days. The Association shall have the right to notify, enter,
rectify, charge, and reasonably fine negligent parties.
11.10 Seasonal burning in accordance with the USFS, County and Local government rules
and schedules shall be permitted only within supervised areas of The Area of Common
Responsibility and with in each Lot. The intermittent burning of leaves and small brush shall be
allowed as long as the aforesaid rules and schedules are followed.
11.12 No commercial activities shall be allowed on the premises that increase traffic or that
produce offensive odors, smoke, noise, or traffic.
11.13 No gas, oil, mineral, quarry or gravel operations.
11.14 All utilities and maintenance areas shall be screened in such a way that said areas
and amenities cannot be seen from the public right of ways.
11.15 No Lot shall be further subdivided without Declarant's prior written approval.
ARTICLE 12
DISPUTE RESOLUTION AND LIMITATION ON LITIGATION
12.2 Claims. Unless specifically exempted in this Article, all Claims arising out of
or relating to (i) the interpretation, application or enforcement of the Governing Documents, or (ii)
the failure of the Declarant, the Association or the Board to properly conduct elections, give
adequate notice of meetings, properly conduct meetings, allow inspection of books and records,
or establish adequate reserve funds or (iii) the authority of the Association or the Board to take or
not take any action under the Governing Documents; or (iv) the performance or non-performance
by any Bound Parties of any of the respective obligations or responsibilities under the Governing
Documents to or on behalf of any other Bound Parties; or (v) the rights, obligations and duties of
any Bound Party under the Governing Documents or relating to the design or construction of
improvements on the shall be subject to the provisions of Section 11.3.
Notwithstanding the above, unless all parties thereto otherwise agree, the following
shall not be Claims and shall not be subject to the provisions of Section 11.3:
(a) any action or suit by the Association to enforce the provisions of Article
6 (Association Finances) including, without limitation, actions taken to enforce the collection
of any assessments, to enforce or foreclose any lien in favor of the Association, or to
determine the priority of any lien for assessments;
(b) any suit by the Association to obtain a temporary or permanent
restraining order (or emergency equitable relief) and such other ancillary relief as the court
may deem necessary in order to maintain the status quo and preserve the Association's
ability to enforce the provisions of Article 3 (Architectural Approval);
With the consent of all parties thereto, any of the above may be submitted to the
alternative dispute resolution procedures set forth in Section 11.3.
12.3 Mandatory Procedures.
(a) Notice. Any Bound Party having a Claim ("Claimant") against any
other Bound Party ("Respondent") (collectively, the "Parties") shall notify each Respondent
in writing and provide a copy to the Board (the "Notice"), stating plainly and concisely:
12.1 Agreement to Avoid Litigation. The Declarant, the Association, its officers, di-
rectors, and committee members, all Persons subject to this Declaration (including Owners, their
family members and tenants), and any Person not otherwise subject to this Declaration who
agrees to submit to this Article (collectively, "Bound Parties") agree to encourage the amicable
resolution of disputes involving the Properties, without the emotional and financial costs of
litigation. Accordingly, each Bound Party covenants and agrees that specified claims, grievances,
controversies, disagreements or disputes described in this Section ("Claims") shall be resolved
using alternative dispute resolution procedures in lieu of filing suit in any court, provided that the
term "Claim" shall not include the acts of the Association and its agents to enforce the terms of
this Declaration.
Page 15
(c) any suit between Owners, which does not include Declarant or the
Association as a party, if such suit asserts a Claim which would constitute a cause of action
independent of the Governing Documents;
(d) any claim, grievance, controversy, disagreement or dispute that
primarily involves (i) title to any Unit or Common Area, (ii) the interpretation or enforcement
of any express or implied warranty made in connection with the sale of a Unit; (iii) the
eviction of a tenant from a Unit, or (iv) and employment matter between the Association
and any employee of the Association;
(e) any action taken arising out of any separate written contract between
Owners, between Declarant and any Owner, or between Declarant and any Builder that
would constitute a cause of action under the laws of the State of Montana in absence of the
Governing Documents;
(f) any suit in which any indispensable party is not a Bound Party; and
(g) any suit as to which any applicable statute of limitations would expire
within 180 days of giving the Notice required by Section 11.3(a) unless the party or parties
against whom the Claim is made agree to toll the statute of limitations as to such Claim for
such period as may reasonably be necessary to comply with this Article.
(1) the nature of the Claim, including the date, time, location,
Persons involved and Respondent's role in the Claim;
(2) the legal basis of the Claim (i.e., the specific authority out of
which the Claim arises);
(3) Claimant's proposed remedy; and
(4) that Claimant will meet with Respondent to discuss in good faith
ways to resolve the Claim.
Negotiation and Mediation.
The Parties shall make every reasonable effort to meet in person and
confer for the purpose of resolving the Claim by good faith negotiation. If requested
in writing by the Board, accompanied by a copy of the Notice, the Board may appoint
a representative to assist the Parties in negotiation.
If the Parties do not resolve the Claim within 30 days of the date of the
Notice (or within such other period as may be agreed upon by the Parties)
("Termination of Negotiations"), Claimant shall have 30 additional days to submit the
Any settlement of the Claim through mediation shall be documented in
writing by the mediator and signed by the Parties. If the Parties do not settle the
Claim within 30 days after submission of the matter to the mediation, or within such
time as determined by the mediator, the mediator shall issue a notice of termination
of the mediation proceedings ("Termination of Mediation"). The Termination of
Mediation notice shall set forth when and where the Parties met, that the Parties are
at an impasse, the nature of the impasse, and the date that mediation was
terminated. The Termination of Mediation may also establish any undisputed factual
findings or agreed resolutions, as agreed upon by the Parties.
All mediation discussions are privileged and confidential. Persons who
are not Parties are not allowed to attend the mediation conference without the
consent of the Parties. Any mediation resolution may be enforced in a court of law.
Each of the Parties to a Claim will bear its own costs incurred prior to and during the
negotiation and mediation proceeding described herein, including the fees of its
attorney or other representative. Each Party to a Claim will share equally all costs of
the mediator and, if and to the extent required, will pay its respective share of the
costs in advance of the mediation as a condition to its continuation of the
prosecution or defense of the Claim.
The Claimant shall thereafter be entitled to sue in any court of competent jurisdiction
or to initiate proceedings before any appropriate administrative tribunal on the Claim.
12.4 Enforcement of Resolution. If the Parties agree to a resolution of any Claim
through negotiation or mediation in accordance with Section 11.3 and any Party thereafter fails to
abide by the terms of such agreement, then any other Party may file suit or initiate administrative
proceedings to enforce such agreement without the need to again comply with the procedures set
forth in Section 11.3. In such event, the Party taking action to enforce the agreement or award
shall be entitled to recover from the non -complying Party (or if more than one non -complying
Party, from all such Parties pro rata ) all costs incurred in enforcing such agreement or Award,
including, without limitation, attorneys' fees and court costs.
Claim to such entity as is designated by the Association for mediating claims or, if
the Parties otherwise agree, to an independent agency providing dispute resolution
services in Montana.
If Claimant does not submit the Claim to mediation within such time, or
does not appear for the mediation, Claimant shall be deemed to have waived the
Claim, and Respondent shall be released and discharged from any and all liability to
Claimant on account of such Claim; provided, nothing herein shall release or
discharge Respondent from any liability to any Person other than the Claimant.
ARTICLE 13
CHANGES IN COMMON AREA
13.1 Condemnation. Whenever any part of the Common Area shall be taken or
conveyed under threat of condemnation by any authority having the power of eminent domain,
each Owner shall be entitled to notice thereof by posting in a prominent place within the
Properties and included in the Association's newsletter, if any. The Board may convey Common
Area under threat of condemnation if the Board reasonably determines that it is in the best interest
of the Association and is approved in writing by Declarant during the Class "B" Control Period.
The award made for such taking shall be payable to the Association as trustee for all
Owners to be disbursed as follows:
If the taking involves a portion of the Common Area on which improvements have
been constructed, the Association shall restore or replace such improvements on the remaining
land included in the Common Area to the extent practicable, unless within 60 days after such
taking the Declarant, so long as the Declarant owns any portion of the Properties or has the right
to annex property, shall otherwise agree. Any such construction shall be in accordance with plans
approved by the Board.
If the taking does not involve any improvements on the Common Area, or if a
decision is made not to repair or restore, or if net funds remain after any such restoration or
replacement is complete, then such award or net funds shall be disbursed to the Association and
used for such purposes as the Board shall determine.
13.2 No Partition. Except as permitted in this Declaration, the Common Area shall
remain undivided, and no Person shall bring any action for partition of the whole or any part
thereof without the written consent of all Owners and Mortgagees.
Page 16
13.3 Dedication of Common Area. The Association may dedicate or grant
easements over portions of the Common Area to any local, state, or federal governmental entity.
ARTICLE 14
AMENDMENT OF DECLARATION
14.1 Amendment by Declarant. Until termination of the Class "B" Control Period,
Declarant may unilaterally amend this Declaration for any purpose. Thereafter, the Declarant may
unilaterally amend this Declaration if such amendment is (i) necessary to bring any provision into
compliance with any applicable governmental statutes, rule, regulation, or judicial determination;
(ii) necessary to enable any reputable title insurance company to issue title insurance coverage on
the Units; (iii) required by an institutional or governmental lender or purchaser of Mortgage loans,
including, for example, the Federal National Mortgage Association or Federal Home Loan
Mortgage Corporation, to enable it to make or purchase Mortgage loans on the Units; (iv)
necessary to enable any governmental agency or reputable private insurance company to guaran-
tee or insure Mortgage loans on the Units; or (v) otherwise necessary to satisfy the requirements
of any governmental agency for approval of this Declaration. However, any such amendment
shall not adversely affect the title to any Unit unless the affected Owner shall consent thereto in
writing.
14.2 Amendment by Owners. Except as otherwise specifically provided in this
Declaration, this Declaration may be amended only by the affirmative vote or written consent, or
any combination thereof, of Members representing at least 75% of the total Class "A" votes, and
the consent of the Declarant, during the Class "B" Control Period.
Notwithstanding the above, the percentage of votes necessary to amend a specific
clause shall not be less than the prescribed percentage of affirmative votes required for action to
be taken under that clause.
14.3 Validity and Effective Date of Amendments. Amendments in accordance
with this Declaration shall become effective upon recordation in the Official Records, unless a later
effective date is specified therein.
IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration
this _ day of , 200_.
"Declarant" Glacier Valley Villages, L.L.C.,
a Montana limited liability company
By:
Brent Card, Managing Member
Page 17
STATE OF MONTANA )
) ss.
COUNTY OF FLATHEAD )
The foregoing instrument was acknowledged before me this _ day of
, 2008, by Brent Card, as the Managing Member of Glacier Valley Villages, LLC,
a Montana limited liability company, on behalf of the company.
Printed Name:
Notary Public for the State of Montana
Residing at , Montana
My Commission Expires:
Page 18
When recorded, return to:
Sean S. Frampton
MORRISON & FRAMPTON, PLLP
341 Central Avenue
Whitefish. Montana 59937
DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS
FOR
VALLEY RANCH
TABLE OF CONTENTS
TO
DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS
FOR
VALLEY RANCH
INTRODUCTION TO THE COMMUNITY
Valley Ranch, L.L.C., as the developer of Valley Ranch, has established this
Declaration to provide a governance structure and a flexible system of standards and procedures
for the overall development, administration, maintenance and preservation of Valley Ranch as a
master planned community. The Association and this Declaration reflect goals and aspirations
and possess the powers necessary to develop a vibrant, cohesive, active community.
CREATION OF THE COMMUNITY................................................................................. 1
1.1
Initial Declaration.................................................................. 1
1.2
Duration................................................................................1
CONCEPTS AND DEFINITIONS
.................................................................................... 2
2.1
Architectural/Design Review Committee .............................. 2
2.2
Area of Common Responsibility ........................................... 2
2.3
Articles..................................................................................2
2.4
Association........................................................................... 2
2.5
Base Assessment" or "Regular Assessment.. ....................... 2
2.6
Benefited Assessment.......................................................... 2
2.7
Board of Directors" or "Board ............................................... 2
2.8
Builder..................................................................................2
2.9
By-Laws................................................................................3
2.10
Class "B" Control Period ....................................................... 3
2.11
Common Area...................................................................... 3
2.12
Common Expenses.............................................................. 3
2.13
Covenant to Share Costs ..................................................... 3
2.14
Declarant..............................................................................3
2.15
Design Guidelines................................................................ 3
2.16
Dwelling Unit........................................................................ 3
2.17
Governing Documents.......................................................... 3
2.18
Master Plan.......................................................................... 4
2.19
Member................................................................................4
2.20
Mortgage..............................................................................4
2.21
Mortgagee............................................................................ 4
2.22
Official Records....................................................................4
2.23
Owner...................................................................................4
2.24
Person..................................................................................4
2.25
Properties.............................................................................4
2.26
Reviewing Body....................................................................4
2.27
Special Assessment............................................................. 4
2.28
Supplemental Declaration.................................................... 4
2.29
Unit.......................................................................................5
2.30
Lot............................................................................5
2.31
Use Restrictions.........................................................5
CREATION AND MAINTENANCE OF COMMUNITY STANDARDS ..............................5
ARCHITECTURAL APPROVAL...................................................................................... 5
3.1
General Requirement for Prior Approval .............................. 5
3.2
Architectural Review............................................................. 5
3.3
Guidelines and Procedures .................................................. 6
3.4
No Waiver of Future Approvals ........................................... 8
3.5
Variances............................................................................ 8
3.6
Limitation of Liability............................................................ 9
3.7
Enforcement........................................................................ 9
COMMUNITY GOVERNANCE AND ADMINISTRATION .............................................. 9
THE ASSOCIATION AND ITS MEMBERS.................................................................... 9
4.1
Functions of Association..................................................... 9
4.2
Membership....................................................................... 10
4.3
Voting................................................................................ 10
ASSOCIATION POWERS AND RESPONSIBILITIES.................................................. 11
5.1
Acceptance and Control of Association Property ............... 11
5.2
Maintenance of the Area of Common Responsibility.......... 11
5.3
Maintenance in Public Rights -of -Way ................................. 12
5.4
Insurance........................................................................... 12
5.5
Compliance and Enforcement ............................................ 12
5.6
Implied Rights, Board Authority .......................................... 14
5.7
Disclaimer of Liability.......................................................... 14
5.8
Security.............................................................................. 15
5.9
Equestrian/Pedestrian Trail System Open to the Public..... 15
ASSOCIATION FINANCES........................................................................................... 15
6.1
Budgeting and Allocating Common Expenses ................... 15
6.2
Budgeting for Reserves...................................................... 16
6.3
Authority to Assess Owners, Time of Payment .................. 16
6.4
Declarant's Option to Fund Budget Deficits ........................ 17
6.5
Special Assessments......................................................... 17
6.6
Benefited Assessments...................................................... 17
6.7
Personal Obligation............................................................ 18
6.8
Lien for Assessments......................................................... 19
6.9
Date of Commencement of Assessment Obligations ......... 19
6.10
Failure to Assess................................................................ 19
6.11
Exempt Property................................................................. 20
COMMUNITY DEVELOPMENT....................................................................................20
EXPANSION AND REDUCTION OF THE COMMUNITY ............................................. 20
7.1
Expansion by the Declarant ................................................ 20
7.2
Expansion by the Association ............................................. 20
7.3
Additional Covenants and Easements ................................ 21
7.4
Effect of Filing Supplemental Declaration ........................... 21
7.5
De -annexation of Property .................................................. 21
RIGHTS RESERVED TO
DECLARANT....................................................................... 21
8.1
Construction of Improvements ............................................ 21
8.2
Right to Use Common Area ................................................ 21
8.3
Other Covenants Prohibited ............................................... 22
8.4
Right to Approve Changes ................................................. 22
8.5
Right to Transfer or Assign Declarant Rights ..................... 22
8.6
Amendment........................................................................22
PROPERTY RIGHTS WITHIN THE COMMUNITY.......................................................23
EASEMENTS................................................................................................................
23
9.1
Easements in Common Area ..............................................
23
9.2
Easements of Encroachment .............................................
24
9.3
Easements for Utilities, Etc .................................................
24
9.4
Easements to Serve Additional Property ............................
25
9.5
Easements for Cross -Drainage ..........................................
25
9.6
Right of Entry......................................................................
25
9.7
Easements for Maintenance and Enforcement ...................
26
9.8
Rights to Storm Water Runoff, Effluent
and Water Reclamation.....................................................
26
9.9
Easements forLake&Pond Maintenance&Flood Water ...
26
9.10 Easement for Use of Private Streets .................................. 27
9.11 Easements for Tax Exempt Organizations ......................... 27
PARTY WALLS AND OTHER SHARED STRUCTURES .............................................. 27
10.1 General Rules of Law to Apply ........................................... 27
10.2 Maintenance, Damage and Destruction ............................. 27
10.3 Right to Contribution Runs With Land ................................ 28
10.4 Disputes............................................................................. 28
USE RESTRICTIONS...................................................................................................28
DISPUTE RESOLUTION AND LIMITATION ON LITIGATION ...................................... 29
12.1
Agreement to Avoid Litigation ............................................ 29
12.2
Claims................................................................................ 30
12.3
Mandatory Procedures....................................................... 31
12.4
Enforcement of Resolution ................................................. 32
CHANGES IN COMMON AREA................................................................................... 33
13.1 Condemnation....................................................................33
13.2 No Partition........................................................................ 33
13.3 Dedication of Common Area .............................................. 33
AMENDMENT OF DECLARATION............................................................................... 33
14.1 Amendment by Declarant ................................................... 33
14.2 Amendment by Owners ...................................................... 34
14.3 Validity and Effective Date of Amendments ....................... 34