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HomeMy WebLinkAbout638300222329914247) EA qht k"Car*' #fZnar-.p b-.D. ,• �+ tat6. l Vadroems ifi1€ign' L S t30 -r- Tn-tars,det$8n 9f vbrrflhd t & 5 RIZI 5-,Ulik tar3dgMn um` ompf- .:' MareEt, I984 N -W W O i I ' j -- Z-814 FILE REVIEW FORM Project approval date:- Improvements Agreement Expiration Date: $�13) Letter of Credit Expiration Date: Project Inspection Date: Inspected By: Improvements Not Completed: Reinspection Date: Inspected By: Comments: Final Approval Date: By: i r RECEIPT Date -� i 19 6398 Received From _bC^' + Address Dollars $ For M,,j o r k AP+'�► ACCOUNT HOW PAID AMT.OF CASH ACCOUNT AMT.PAID CHECK BALANCE MONEY DUE -s ORDER �/ 8K808 RECEIPTT Date — i 19 38- Received From i.Jw 0 0- C1 Address Dollars $ For. ;.✓ o . u. ACCOUNT HOW PAID AMT.OF CASH ACCOUNT AMT.PAID CHECK BALANCE MONEY By DUE ORDER 1 NoaOoS1 13,1 I ( ._ UIJIT D - -- = -- L1MrrrC? ry 2o--°._... n.:YAr"-D ;�� 1 a c �lhhr A�?C^ C:OMM6�N 1 �M. CoM, ��A �IM17 "t7 CE�MM1hN 1 �r._ �1 ry�r i3 � ti t T � a�E�,A — - 5 # `� �, Z �r��p cF c3) >z;ar�;�.�,�I� 1%o�Ncc� y�„HI6,N _ _ c - ,,� a 2 & (�) Aid F#� I" cc�i , WM1%;V cOMMAN V-FA _ • U►J IT a , (. I ( _� ` ,i l ' ✓ 5 f'- 'C E 4g"N ILrt D° CC t `C., PATI -77 I ° UNt� 1 i � G -- IO -CA �. � ��•�. 5 UNIT � \ a , UN I� UN T k \ 1 - -- s .4A t G . SF ►'� i I ` J `'�- ��i v 1N'I f\1 C� ?8 2 t 5 F 47 2 ' �V I(0 orr� , o _ - 1 i Dil Z , G- k. _ I , s i PF�K 2 ,2 f MCQTNJA FONr-p cc, -\ �-�1 � �, �,,. : �1` _...-- `(fir•?G r I C,r, �, 1 r - ffi V15I �j --- - i �- �� ® --m oN T/-W\ rG dVE R CD , 7YFi y, �c Yf&rn i,ICr I T DNI&H Ajh 5', \ a 11 N 1-7:,.`l S i Q IF E► 502Z t~t l M T a` G N r NOTE.5 MINIMUM OF 12", Its Io'-o' oNG "A"-' r1T { r� /' I N Aw P I I~I-CTI CW'5 F RO H TM G ?;O I I�G I tJ Ca, PIP- t17E:.- PLA4`j UNIT P UNIT V7 V PIT uo rr I? ONJ E T EF- 1. .ram 71 -10 L� _ r RcCA:I j a � A I 5 4 l t uyI m j N TI" N t� f a ' - - - i - - 3 r. ,,. ter-. -- ,•.... -- A vt �Al 14 Li �Pl4w o G UP PA PF �i a i4 -�� Tor . -1 =- 0 N -J FILE NO. i APPLICATION FOR CONDITIONAL USE PERMIT Building Department CITY OF BOZEMAN, MONTANA Telephone No. 586-2360 Date L 3 19 T To The Building Official: The undersigned hereby makes application for a Conditional Use 'Permit pursuant to the require- ments of the Bozeman Area Zoning Code. In,, c ' �� tC 1-7 C 1 h !C� T Phone No. � 8e'SSD� Name of Applicant --� �/ �f, Q �j _ q / Address of Applicant RLI ; A ( : ` u e J.� 6;9 f f H /9AJ. IM ................................................................................................................................................ Subject Property Legal Description g -3 U6 r � ii (Use Additional Pages If Necessary) Address (if available) IS, .IfnyX eO S. IA GIC Current Zoning Land Area b Sq. Ft., or Acres Are any variances being requested? If yes please explain Conditional use to consist of the following: In addition to the above submit a Plot Plan (Drawn to Scale) on paper not larger than 24" x 24" including the following information: All existing and proposed structures, proposed locations of in- gress and egress, off-street parking arrangement, proposed landscaping and location of all signs. (The lack of any of the above information will only delay this application) FOR OFFICE USE ONLY I hereby certify that the above information is true and correct Filing Fee and that I am the Owner Owner's Agent, Leasee Zoning Comm. Hearing of the above described property. Action Taken City,Comm. Hearing cc Action Taken pplicant's Signature i _. �IVF { y ' FILE`'NO. APPLICATION FOR CONDITIONAL USE PERMIT Building Department s CITY OF BOZEMAN, MONTANA F,t Telephone No. 586-2360 Date 3 19 8r To The Building Official: The undersigned hereby makes application for a Conditional Use Permit pursuant to the require- ments of'the Bozeman Area Zoning Code. ( ) Name of Applicant �� I , E , rh e C"~T 7 Phone No. Address of Applicant /V �_( � I tU e I a 6 e r�j l J, ................................................................................................................................................ Subject Property Qn r' Legal Description G�- 3 Vo - (Use Additional Pages If Necessary) Address (if available) X wC A)02 (P C K eu Current Zoning _ Land Area A—U Sq. Ft., or Acres Are any variances being requested? If yes please explain } Conditional use to consist of the following: Lt e In addition to the above submit a Plot Plan (Drawn to Scale) on paper not larger than 24" x 24" including the following information: All existing and proposed structures, proposed locations of in- gress and egress, off-street parking arrangement, proposed landscaping and location of all signs. (The lack of any of the above information will only delay this application) FOR OFFICE USE ONLY I hereby certify that the above information is true and correct Filing Fee and that I am the, Owner , Owner's Agent, Leasee Zoning Comm. Hearing of the above described property. Action Taken City Comm. Hearing Action Taken GApplicant's Signature t - -_ . _i �� �� �� ��� � ,� IMPROVEMENTS AGREEMENT FOR PARKING AND LANSCAPING WITH JAY HERSCHELL BIRCH PLACE CONDOMINIUMS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - This Agreement is made and entered into this /.f LD- day of n_ug , 1984 , by and between Jay Herschell , hereinafter called the "Developer" , and the City of Bozeman, hereinafter called the "City" , County of Gallatin , State of Montana, acting by and through the Director of Public Service for the City of Bozeman, hereinafter called the "Director" . WHEREAS , it is the intent and purpose of both the Developer and the Director to hereby enter into an agreement which will guarantee the full and satisfactory completion of all improvements within the development hereinafter described and by this Agreement to satisfy the improvements guarantee condition for a Conditional Use Permit. THEREFORE, it is covenanted and agreed as follows : This Agreement pertains to and includes that development which is located on Lot 6 of Block 3 of Vadheims Rearrangement of Block 3 of Thompson' s 4th Addition to the City of Bozeman, Gallatin County, Montana. This Agreement specifically includes the improvements as approved and described on the final site plan, "Exhibit A" , of this document . All improvements shall be approved by the Planning Director and all improvements required by this Agreement shall be completed by the Developers within twelve (12) months of final site plan approval . Performance by the Developer of the covenants set out in this Agreement and in conformance with the time schedule set forth in this Agreement is the essence of this Agreement; 1 accordingly, the Developer expressly understands and agrees that his failure to meet the time schedule described herein shall be deemed to be a breach to this Agreement. The Developer hereby waives any notice of breach by him. If occupancy is to occur before the scheduled improvements are completed, a finanacial guarantee will need to be provided in an amount equal to one and one-half (1-1/2) times the estimated cost of construction of any uncompleted project and such financial guarantees shall be used by the City to secure completion and inspection of the construction described herein. Estimated cost of construction of this project, Exhibit "B" , . is attached hereto and made a part of this Agreement. This Agreement shall inure to the benefit of and be binding upon any successors in interest, heirs or assignees. IN WITNESS WHEREOF, the parties to this Agreement have executed the same on the day and year first above written. 1-t4RSCHELL NO. ARY-' PUBLIC R THE STATE 0 MONTANA RESIDING_ AT-1- OW Pi M1wft5ftd MX`\COMMI S`S I ON E " THE CITY OF BOZEMAN 24�� CZ BY: IC ARD H LMES DIRECTOR OF PUBLIC WORKS NOTARY PUBLIC FOR THE STATE OF MONTANA RESIDING AT MY COMMISSION EXPIRES f i 2 r IM - • 4 .. '�..R 1. .. F• . t 't C:.'t l � • 0 ESTIMATED COST OF PARKING & LANDSCAPING Improvements for Birch Place Condominiums Paving (Big Sky Paving Co.) $51000.00 Sidewalks (Carl VanderMolen) 1,560.00 Landscaping (Decorators Choice) 1,000.00 Fences & Landscaping Protection (Decorators Choice) 1,540.00 TOTAL: $9,100.00 ' - Ins prior All improvements must be installed p 'or to occupancy of the structure or the owner must supply a method of security equal to 1 1/s times the estimated cost of b-0 ' remaining improvements: _ ELEV. II--'11/Z11 133,75' NCC 05'. 1Ve _ _ Tor, Of: GUretS L/`�NI�S�/�•P� S�� E UL� _ &LEY.= -OI-0 4'1 MARK- QUAN, T PE �12E LIMITW COMMON Limrr D COMMON LIMIT-ED COMMON � /�._.:.-^ LINIT5P COMMON MEA -�— " I to l UNIT P _ Mfh UNIT G iAIZZA UNlTT. t7 i UN It a ;d' F.�St`ItKy ,, w�EPINC, SIR cf1 SFi; NIGH, W-0 IEA& YARD d ---— }- 6 2 G t.uMP t31(ZGH D FT NIvH n GtJtzp 9 4 FT- MICYH PFITZEr` Aft rrF(CAL UM f'rW COMMON ffi-FA UNIT A - G`-0" HIGH Fl.!'IGE t 50x 10" God, P^Tl X Uhit A Unlr P umir G UNIT P UNIT ` 5`�' �� 7 Via'-°° 1 -- - E L r, TM n 1 I 5°x 10 C"I s ° N I -- (0. = i � - ' I. vR^o� To LoPE.. ^ MINA of lob IN Ur1LIT't_-- PnTlo ELE�. @ To Q; Q I01-ol IN PALL DIf�EGTIoNS �INP�( Er1EnT I OF GONG. �L^� `s FP`oP^ �UIL�IN C7, _ t I -2 CT'f(') I rVI joP pF our-15 2, ALL A2E/'•S To 6E sEEC5p To EI,BGT= METts RS \ ; LE�/ ry-► L:' too ^MP MAIN E OvFR^ME © bt2�.�� UNLESS NOTEC 01 GONN C,T t 2!-3t�2 t I✓ w — — -- — — — �I Itt� 3, TMIs P12-0�jEr✓1 sHAt.L COMPLY �- U Not 12C�12auNt^ 1 ���' '11 l TE 1�ViTE� Ml✓T- � ,.\\ V�` LAonL GopES THAT APPLY► 51( MONT,�N fowcR, souk ELEG Gn(Z, ul P� + rt01 511 ttl o PoWE(j GOMp _ o I '"� , _, yC. tt -� �"1 . EXISTING GuR,I3 ToDtzor `RIsEE � � 3(h0 CormNUOLe POUR,- ro : ThIU \ Top. of 0,L195 60NTIZP�GTd�e v��IF� ALL IZ'-Ott �� q IZ�.pu �I ail Zp_p„ cx� EI-Ev tot-I�t _ ITIo� I�IM f EMST_ GoN►'' NS — P/ RKiNb A-i Pr.RKIt4V -I P^I�#�INC> Ci-1 0 „ PrlNly D-I �i��4KINC� 6•I Fi21 _ ,,qq,,� L� N J01 x' N e 5'CONTROL r3 f _ I i1 P .ttt O TY t t v M �►. I n �rT' IC/� E D E C= Ic0 N OF e r tt \ I GnF. FoF UNIT'St��, EMNc3IG'N 01M ) C°�Z5'-0"G� �,,•. . , v .,.,, b T J; R Gt @ o - l o JOINT KATcKlAl. 1U TTr. W h E E I_ I o '(tfict#_ NON- I XT"VE L SSOP i �10LD512 DITUMIN" Uj Pam!I�G A 2. `Ii�f�7 LI CANT ,�. J - - Atf�T PAY I N V< FM:Ilq NO t I .. ' '� 1�,," � � , /1 _ ''/' 6.•..t ��'L� k C 6�: �¢ S ,'['�'�'F,?a�,"€'' q"' 4�.� �•,Q-..—. rj�'�� \• �F'��'` - .a0' '" i i Air Y ' \ ti 1 L,�Nt�5 cnP E �n c%PE FROTE MOri s Ll vts T'o10- P^(LruN mac" /- F,r�TE,,,-r aN � rt U SNotN hEMov►.L ` tit . <. `. (o FT. HIGH PrzIVP.oi'( FENCE \, /V`IPc, POW YWLIOtiT' Top of 1C oN o f sNov� ToT/� REn of LoT IG0&5 sa. Fr Z `\:. � A '�% REMovAL 0 NOfjTM= 1 0 nl�eA 'o �,of p,Ulul�iN� ^I-EA __.. 422o sq Fri 2�.3/0 z �y.�. o - PPwEe PREn 231. , F 26.4°/b b 2 `� � T W O o �ToTr� )I. >~ to -•� � �,, !_,_ A' �I �� PLAN. I.nNOs�APE /� EA '1 o��I �?.FT 4�,3/0 ' � �- 1 TW31TIOH 5E7, 1CN f CM 1 �� I -(o' PRoNT YARp P�IzE^ (ToTnL) 5113,1 So, FT z Cd .. 7NtG1; GO .RI:r �, i:XIgT'IN6 .GUI �U p1�DP CURB L^N�o^rE►- Ar-G^(rF.0NT Ya) — 43s1. isQ PT 1 G,3 o ~ ;d TOP o F `�U I�� COrtT7htucxJ3_ � _ 51 Dc`U�t•-f�,.► _...� . `;� � 0.4 � ► rn IG►` � �--� � II' �� SEE OETnIL• D/I , 11 P.4 w 0 0 cz 69 OoNo, SL^6 SIpEWAI.K (3a006-1) w/ + 0 U) l0-0 MAx S OM 1/4"/ FT w� Poi s gtt PIT'12uN DEL c3 T -- t 2x Rf;OIN(J r C►�tvEtN�`{ Cg500 ►) GOUr`Sf; • q w - w/ MIN, S-ore /4 / FT. C�fzAss �oWT. ^Sf0H^LT HIvH ` 1 A x N r _ (G111�NI6T10N �/ GU{Z�j l/l�l .rt4!a t 1 1l! t ni+ tt t I1 �I - v x r . l Iq�llt I Ant,�l!h��>r Ce ate. 7 IQ. oP ofGUC(1�:—ZU _ I II L GuC r - r ° W O CA v ELCv, _ - LINE o I tZ - � ' 'DHEC / nt � m a-GR � A)A Al v�F_I E 00 sll�EwP.l,k - ��zt•rEW/'�� �ETn 8 L/�Nt�sGt'�PE PP-OT��/TION G PAvINC;�, �EciTIoN i Se,- 3�S't=I'-01' I SC,AL� ( SoALE NTS� Aug/ 84 Sheet I , bu Z�I N I/ell� I�otqs 3/Idl X\ 12 G�f�R I Pub -� T r 5 1$ x2l ,i� goL s - - _-L-4 , 2 o" No E o US E ?,oT �Lo GLo �' n SEAM c�NNE �TIoN ` GoiQ, ( I= V'-I^LIL•IN (- '� SGAL� I'= I -olI STetL (—A PL^TES, i I -- ------- c I ; ', ':15T<� IoYSN = 13t• t''211 al-on ! G�O - --- - -- _- --_ __ __ ___- _ ----- - -- __ • i I '1j,2,.12 F3M• ,' 2-2 12 tjNl. j i - _._ _ 1177 i% �% i II 2.2x4 L. 5/v FIRE ^TECH &YP• &ra. _�� ENT 1� LivINC� SPi,�.ES DSNgo O — I MoT ��T h j J w^T r1E/� -- -- — _ -- C 7• Ld G ' . " & 4t� GoNG, SL�p�•aN• �I�r.rJE 2x12 24 of CO. ON r •, " bUILQ1N6;, SE GTION Y� Q } ea Y , �SA I w LL 13E`(oNIn... _....._ 2;-4 GEV^R FR^ME - --- _-. TOP EV 710 AM FIN. UPPE12 FL. ., !J% _-- N070H OUT &LU�L/°�M -- - - _ - 4X4 GEQ^R POSTS F6OE`(OGoN7N• EGTIDN FIN, &&IL. - — -- SoLoC O 1 • 211' I h f-v3 q bLU•LAM I N INA-U CILIJ LhM• _� — -- --- -- 91Z VI ti -r CAA 9^&E -- ---- -- MET^L rasT suftffTS A IN• MAIN FI. - F � � 1-lq NoTG#i f}120M pt`7N- Wnt-V � , � � Paolo— ----- -- - ---- -- -- ZASLopE SL^� GoNG. SL^S, 6bU G 1/t"/ FT, '- m v clj U ; - , � FENGE fJE'I�IL CID UNIT sF, ION Aug/ 84 Shcet Three Rivers Disposal 515 E. Aspen Bozeman, Mt, 59715 August 13 , 1984 Mr , Jay Herschell 132 D Hoffman Drive Bozeman, Mt, 59715 Dear Mr, Herschell : This is to inform you and the concerned parties that we will pick up your garbage at your location of the corner of S. Black and Hoffman Drive should you request our service. Any additional inquiries can be made by calling our office at 586-0606 , Sincer ly, ' J hnNicol.etti JN/km y S o00 q?q�C) . _ _.._. _ _ _-- ---- __ _._..____ __ _ -_ ___� ----_-- _ _ _ - _ . _ _4 ---. __ • • � .. i i . . . . • • _. ESTIMATED COST OF PARKING & LANDSCAPING Improvements for Birch Place Condominiums Paving (Big Sky Paving Co. ) $5,000.00 Sidewalks (Carl VanderMolen) 1,560.00` Landscaping (Decorators Choice) 1,000.00 Fences & Landscaping Protection (Decorators Choice) 1,540.00 TOTAL: $9,100.00 ��di� G• �`o>'AG - � 76o mo / L Qe 27 cow 4 o 7zs� oc 0, II � i' i BOZEMJ& r .m CITY COUNTY PLANNING BOARD 411 EAST MAIN P.O.BOX 640,BOZEMAN,MONTANA,59115'... PHONE:(406)586-3321 July 10 , 1984 Mr . Jay Herschell Bozeman, Montana . RE: Minor P.U.D. corner of South Black Ave. & Hoffman Dr. Dear Mr. Herschell : This letter is to follow up our conversation concerning the minor P.U.D. proposed at the corner of South Black Avenue and Hoffman Drive. The project was reviewed and conditionally approved in March, 1984. That approval will expire August 21st, 1984 . A change in ownership should not alter the original approval . From the plans we looked at in my office, it looks as though you have satisfied most of the conditions of approval . However , before we can notify the Building Department that everything is O.K. , we need three (3) copies of the final site plans, floor _ plans and building profiles submitted to our office showing that all conditions have been met. Please allow us 3 to 7 days for processing; : We would also suggest that you turn in. your:' construction drawings to the Building Department as soon as possible, for their review. A building permit cannot be issued until this is accomplished . Attached to this letter you will find a copy of the Planning Staff's report listing all of the conditions. If you have any questions, please don ' t hesitate to contact the Planning Office. Sincerely, Mike Money Senior Planner MM/nh Enclosure r_ BOZEMAN* • CITY COUNTY PLANNING BOAR® l 411 EAST MAIN `- ` P.O.BOX 640,BOZEMAN,MONTANA,59715 C PHONE:.406)5863321 �( March 21 , 1984 � Mr . Dwight McCarty 811 North 17th Avenue Bozeman, MT 59715 Dear Dwight : Attached to this letter you will find the staff ' s findings as they relate to the Minor Planned Unit Development application. The zoning Commission has reviewed the site plans and has approved them as recommended in the staff' s findings. If you have any questions, please don ' t hesitate to contact the Planning Office. Sincerely, Mike Money Interim Planning Director MM: ly Attachment PROPOSED DECLARATION AND BY-LAWS OF BIRCH PLACE CONDOMINIUM UNIT AMID FLOOR PLANS ACCOMPANYING ARTICLES OF INCORPORATION OF BIRCH PLACE CONDOMINIUM ASSOCIATION In compliance with the requirements of Section 35-1-201, et seq. Montana Code Annotated, the undersigned, residents of Bozeman, Montana and who are of full age, have this day formed a corporation not for profit and do hereby certify: ARTICLE I T.hat the name of the corporation is "BIRCH PLACE ASSOCIATION". ARTICLE II The principal office of the association is located at 1718 So. Black, Bozeman, Montana, 59715. ARTICLE III Jay D. Herschell , and Catherine T. Brown, whose address is 132 D Hoffman Dr, Bozeman, Gallatin County, Montana, are hereby appointed as the. initial registered agents of this association. ARTICLE IV PURPOSE AND POWERS OFTHE ASSOCIATION This association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for maintenance, preservation, and architectural control of the residence lots and common area within that certain tract of property described as Lot 6, Block 3S of Vadheims rearrangement of Block 30 Thompson's 4th Addition to Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, and to promote the health, safety and welfare of the residents within the above described property and any additions thereto as may be hereafter brought within the jurisdiction of this Association for this purpose to: (a) exercise all of the powers and privileges and to , perform all of the duties and obligations of the Associaton as set forth in that certain delaration of covenants, conditions and restrictions, hereinafter called the Office of the County Clerk and Recorder of Gallatin County, Montana and as the same may be amended from time to time as therein provided , said Declaration being incorporated herein as if set forth. at length; (b) fix, levy, collect and enforce payment by any lawful means, all charges or assessment pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, includig all licenses, taxes,' or governmental charges levied or imposed against the property of the Association; (c) acquire (by gift, purchase, or otherwise), own, hold, ' improve, -build upon, operate, maintain, convey, sell , lease, transfer, dedicate for puble use or otherwise dispose of real or ' personal property in connection with the affairs of the Association; (d) borrow money, and with the assent of two-thirds (2/3) of each class of members mortgage, pledge, deed in trust, or hypothecate any, or all of its real or personal property as security for money borrowed or debts incurred; (e) dedicate, sell or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions ,as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument has been signed ty two-thirds (2/3) of each class of members, agreeing to such dedication, sale or transfer; (f) participate in mergers -and consolidations with other residential property and Common Area, - provided that any such merge, consolidation or annexation shall have the assent of two- thirds (2/3) of each class of members; (g) have and to exercise and and all powers, rights and privileges which a corporation organized under the Non-Profit Corporation Law of . the State of Montana by law may now or hereafter have or exercise. ARTICLE N MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the - performance of an obligation. • Membership, steal1 be appurtenants to and may not be separated from ownership . of . :any,,, Lot which is, '.u,bje't to• assessment. by the Association. ARTICLE VI VOTING RIGHTS ; The Association shall have two classes of voting membership: CLASS A: Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such Lots shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. CLASS B: The Class B member (s) shall be the Declarant (as defined in the Declaration), and shall be entitled to two (2) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B memberships or ' M on December 31st, 1985. ARTICLE VII BOARD OF DIRECTORS The affairs of this Association shall be managed by a . Board of Two (2) Directors, who need not be members of the Association. The number of directors may be changed by amendment of the By-Laws of the Association. The names and addresses of the persons who are to act in the capacity of directors until the selection of their successors are: NAME: ADDRESS: Jay D. Herschell Bozeman, Montana 59715 Catherine J. Brown At the first annual meeting the members shall elect one director for a term of one year, one director -for a term of two years, and one director for a term of three yearsf and at each annual meeting thereafter the member shall elect one director for a term of three years. ARTICLE VIII DISSOLUTION The Association may be dissolved with the assent given in writing and signed by not less than two-thirds (2/3) of each class . of members. Upon dissolution of the Association, ' other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust, or other organization to be devoted to such similar purposes and within the meaning of Section 501 (c) of the Internal Revenue Code of 1954, its a:pendments and regulations, as they now exist or as they may from time to time be amended. ARTICLE IX DURATION The corporation shall exist perpetually. ARTICLE X AMENDMENTS Amendment of these Articles shall require the assent of 75 percent (75 %) of the entire membership. ARTICLE XI FHA/VA APPROVAL As long as there is a Class B membership, the following actions will requre the prior approval of the Federal Housing Administration or the Veterans Administration: annexation of additional properties, mergers ' and consolidations, mortgaging of Common Area, dedication of Common Area, dissolution and amendment of these Articles. ARTICLE XII That the name of the •incorporat.or of this corporation is Catherine J. Brown who resides at , Bozeman, Montana, 59715. IN WITNESS , WHEREOF, for the purpose of forming this corporation under the laws of the State of Montana, I , the undersigned '.'constituting the in-corporatoro,f this. Association, ' have executed these Articles - of Incorporation, this ' day of July, • 1984 . Catherine J. Brown DECLARATION FUR BIRCH PLACE CONDOMINIUM This Declaration is hereby -made and entered into this day of , , by Jay D. Herschell, 132 D Hoffman Drive, Bozeman, Montana, 59715 and Catherine J. Brown, 132D Hoffman Drive, Bozeman, Montana, 59715, hereinafter referred to as the "declarants", whereby lands and property herinafter described are submitted to the Montana Unit Ownership Act pursuant to Chapter 23 of Title 67, Revised Codes of Montana, 1947, as amended. The property subject to this Declaration shall be known as the Birch Place Condominium, hereinafter referred to as the "condominium". The location of the condominium is the Birch Place Condominium, 1718 S. Black, Bozeman, Montana, 59715. I... , DF-WINITIONS Unless the context expressly provides otherwise, the following definition shall pertain throughout this Declaration and in the interpretation thereof: 1. Aggregate Voting: shall mean the entire number of votes or persons present or available to vote in person or by proxy in a particular circumstance. 2. Association or Association of Unit Owners: means all of the Unit Owners acting as a group and in accordance with duly adopted By-Laws and this Declaration. 3. Board or Board of Directors: shall mean the Board of Directors of the Association as more particularly defined in the By-Laws 4. Building: means the building(s) containing the condominium units. 5. By-Laws: means the By-Laws promulgated by the Association under this, Declaration and the Unit Ownership Act. 6. Common Elements: means both general common elements and limited common elements. a. General Common Elements: includes all those elements which are for the use of all residents and guests of residents of the. Birch Place Condominium. Specifically included are: grounds surrounding the building, parking areas, driveways, the land on which the building is situated, paths and walkways, footings, foundations, framework, columns, trusses, supports, roof and other structural components of the building, exterior walls, gutters and vertical roof drains, electrical, gas, telephone, water and sewer lines and connections serving all of the units, landscaping, plants, and other materials and improvements separate from and outside of the building containing the units, attached and detached carports (the use of such carports shall be assigned by the Owners Association) , and other elements necessary for the safety, maintenance, and existance of the condominium in which each Unit Owner shall have his designated percentage of interest, as set forth in paragraph IV. below. b. Limited Common Elements: as used in this Declaration shall mean those common elements which are reserved for the use of fewer than all of the residents and guests of residents of the Birch Place Condominium. Specifically, as to any given Unit Owner or Owners, limited common elements shall mean the following common elements which are located within or affixed . to the building containing his Unit in which these elements are located: Flues, chimneys, ducts, cables, conduits, public utility lines, .water, sewer, electrical, gas, cable television lines and hot and cold water pipes, (all such utility pipes and lines are limited common elements where they service only one or two units; where they service all units they shall be general common elements) , balconies, entrances, patios, porches, decks, furnaces, boilers, hot water tanks, heating ducts, cold air returns, washer and dryer hook-ups, and fixtures or other portions of the building, servicing only a particular unit or less than all of the units. The percentage of the units in the limited common elements shall be computed by determing the number of units that have use of the limited common elements and taking the value of such unit and dividing it by the value of the unit or all such units making use of the particular limited common element. Such values shall be the same as the values used to compute the percentage of interest of the unit owners in the general common elements and shall be the value of the units at the date of filing . thiE Declaration and which are set forth in this Declaration.. 7. Common Expenses: means expenses of administration, maintenance, repair, or replacement of general common elements, expenses agreed upon by the Association of all Unit Owners, and expenses declared common by the Unit Ownership Act. 8. Declaration: means this document and all parts attached thereto or incorporated by reference. 9. Limited Expenses: means the expenses attributable to the maintenance, repair and replacement of limited common elements. 10. Manager: means the manager, the Board of Directors, management corporation or any other person or group of persons retained or appointed by the Board, or by the Association of Unit Owners for the purpose of conducting the day-tp-day operations of the Birch Place Condominium. 11. Property: means all the land, buildings, improvements and structures thereon and all easements, rights and appurtenances belonging thereto, which are herewith submitted to the Unit G .nership Act. 12. Record Officer: means the county officer charged with the duty of filing and recording the deeds, mortgages and all other instruments and documents relating to this Declaration and the property to which it is subject. 13. Unit: shall be the separate condominium units of the Birch Place Condominium and is a parcel of real property i including and containing one or more rooms occupying one or more floors or a part of parts thereof, intended for any type of independent use, and with a direct exit to a street or highway or to common elements leading to a street or highway. 14. Unit Designation: is the combination of letter, numbers and words which identify the designated units. 15. Unit Owner or Owners: means the person or persons owning a fee simple absolute, under the laws of the State of Montana, in one or more units of the Birch Place Condominium. l - • US- 1. Description: the real property which is by this Declaration submitted to the Montana Unit Ownership Act is described as: Lot 6, Block 3 S of Vadheims rearrangement of Block 3, Thompson's 4th Addition commonly ... . _. .... _... , known as corner .of .South Black.:.and Hoffman. The condominium units shall consist of five (5) separate units, A, B, Cr D, and E. The provisions of this Declaration and the By-Laws shall be construed to be covenants running with the land including every unit and shall be binding upon the units owner, their heirs, successors, personal representatives. and assigns for as long as this condominium Declaration and By-Laws are in effect. 2. Condominium Units: each unit, together with the appurtenant undivided interest in the common elements of the Birch Place Condominium shall together comprise one condominium unit, shall be inseparable, and may be conveyed, leased, rented, devised or encumbered as a condominium unit as a fee .simple interest in 'a parcel of real property. ,. 3. Encroachments: if any portion of the general common elements or limited common elements encroaches upon a Unit or Units, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. If any portion of a Unit encroaches upon the general common elements or limited common elements, or upon an adjoining Unit or Units a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. Such encroachments and easements shall not be considered or determined to be encumbrances either on the general common elements, the limited common elements, or on the Units for purposes of marketability of title. 4. Buildings: the units comprising the condominium are contained in one (1) building. The building is one unit, two story, with combination of floor plans including ground floor and the second floor. Additionally there are four (4) 1 car garages and one (1) two car garage. 5. Unit Boundaries:. ... each unit shall include the part of the building containing the Unit that lies within the boundaries of the Unit, which boundaries are as follows: a. Upper and Lower Boundaries: the upper and lower boundaries of the Unit shall be the following boundaries extended to an intersection with the perimetrical boundaries: 1. Upper Boundary: the plane of the underside of the ceiling members on the uppermost floor of each unit, not including the drywall or gypsum board nailed to such trusses. I 2. Lower Boundary: on ground floor units shall be the surface of the soil under each unit, on the second floor units shall be the uppermost surface of the subfloor or underlayment sheeting attached to the structural floor members. b. Perimetrical Boundaries: the perimetrical boundaries of the Unit shall be the following boundaries extended to an intersection with the upper and lower-.boundaries: (1) Exterior Building Walls: the intersecting vertical . planes adjacent to and including the exterior of the interior sheathing or wall - covering of the outside walls bounding a Unit. (The outside surface of the interior drywall on the outside walls) . (2) Interior Building Walls: the vertical planes of the centerline of the walls between the Units extended to intersection with other perimetrical boundaries. 6. Construction Materials: the principal material of construction • of the Units are concrete for the foundations, footings, slabs and basement, wood for the framing, structural and finish work, sheetrock, plywood, and wood paneling for the interior, carpet, wood or tile . for the floors, wood siding and for exterior wall surfaces, and asphalt shingles on the roof of the building. 7. Exclusion of Use: the upstairs exterior balcony or deck which is accessible from, associated with or joins a Unit, or Units shall, without further reference thereto, be used in connection with such Unit or Units to the exclusion of use thereof by other owners of the general and limited common elements, except by 'invitation. I�j,.• • EASEMENr�• MMM�N: EGEMRI�T —IIVTE�2ZQR RFI�'KIDELIlVG 1. Common Element Easements: a nonexclusive right of ingress and egress and support through the general common elements is appurtenant to each Unit and all the general common elements are subject to such rights. 2. Interior Remodeling: each Unit Owner shall have the exclusive right to paint, repaint, tile, wax, paper, carpet, brick or otherwise maintain, refinish and decorate the inner surfaces of the walls, ceilings, floors, windows, -and doors bounding his own Unit, and the interior thereof, so long as such owner does not affect the structural integrity of the building in which his Unit is located. IV. • WEPMIP VC EXHIBITS USE 1. Percentage of Interest: each Unit Owner shall be entitled to the exclusive ownership, use and possession of his Unit and the percentage of the interest of each Unit Owner in the common elements as set forth below. Each Unit Owner shall have a percentage of undivided interest in the general common elements of the Birch Place Condominium. Such percentage represents his ownership interest in the general common elements, his liability for common expenses, and the voting interest of the Unit Owner or Owners in all matters concerning the Association of Unit Owners. The percentage of interest in the general common elements for the respective owners shall be computed by taking the value of each Unit at the date of filing this Declaration and dividing it by the then combined value of all of the units having an interest in the. general. common elements. of the condominium. Such percentage of interest and value for each of the Units in the condominium shall be according to the percentages set forth below: PERCENTAGE OF INTEREST NO, VALUE M Mum. M= EGENSENiS A To be determined 20% B To be determined 20% C To be determined 20% D To be determined 20% E To be determined 20% 2. Floor Plans and Exhibits: the Birch Place Condominium consists of the real property described above, and a total of five (5) separate condominium units as shown on the floor plans. For °' identification and descriptive purposes the following Exhibits are attached and by reference hereto incorporated into and made a part of this Declaration: Exhibit "A": showing the floor plans of each of the Units of the Birch Place Condominium, the area of each, the dimensions and the designation for each Unit. Exhibit "B": showing the site plan of the Birch Place Condominium and the location of the building containing the condominium Units on the property. 3. Use: the Units and common elements shall be occupied and used as. follows: a. No part of the property. shall be used for other than residential purposes. Each family unit shall be used as a residence for a single family and for no other purpose, except that an Owner may use a portion of his Unit for an office or studio provided that the activities therein shall not interfere with the quiet enjoyment of comfort of any other Owner or occupant and provided further that in no event shall any part of the property be used as a school or music studio. Nothing contained herein shall prevent an Owner of a Unit from renting or leasing their Unit to third parties for residential purposes. b. There shall be no obstruction of the common elements nor shall anything be stored in or on the common elements without prior consent of the Association. Each Ower shall be obligated to maintain and • keep in good order and repair his own family Unit. C. Nothing shall be done or kept in any Unit or in the common elements which will increase the rate of insurance of the building, or contents thereof applicable for residential use, without the prior wirtten consent of the Association. No Onwer shall permit-anything-to. be. done. ,or... kept in his Unit or in the common elements which will result in the cancellation of insurance on the building, or contents thereof, or which would be in violation of any law. No waste will be permitted in the common elements. d. Owners shall not cause or permit anything to be hung or displayed on the outside of windows or placed on the outside walls of a building and no sign, awning, canopy, radio or television antenna shall be affixed to or placed upon the exterior walls or roof or any part therof, without the prior written consent of the Association. e. No rabbits, livestock, poultry or other animals of any kind shall be raised, bred, or kept in any Unit, except that dogs, cats or other household pets may be kept in Units, subject to rules and regulations adopted by the Association, provided that they are not kept, bred or maintained for - any commercial purpose. f. No nuisances shall be allowed upon the property nor shall any use or practice be allowed which is a source of annoyance to residents of the Condominium or which interferes with the peaceful possession and proper use of the property by its residents. No immoral, improper, offensive or unlawful use shall be made of the property nor any part thereof and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed. g. Nothing shall be done in any family Unit or in, on or to the common elements which will impair the structural integrity of the building or which wuld structurally change the building, except as . is otherwise provided herein. h. No industry, business, trade, occupation or profession of any kind commercial, religious, educational or otherwise shall be conducted, maintained or permitted on any part of the property, nor shall any "for sale" or "for rent" signs or other window displays or advertising be maintained or permitted on any part of the property or in any Unit therein, except that declarant and its agents reserves the right to face "for sale" or "for rent" s• on any unsold or unoccupied Units, and the right is hereby given to any mortgagee or trust indenture beneficiary who may become the Owner of any Unit, to place such sign on any Unit owned by such mortgagee or beneficiary. i. Nothing shall be altered or constructed in or removed from the common elements,,, except upon the written consent of the Association. j. Each parking space shall be marked and assigned to the appropriate unit and will be designated by letter and number which identifies the unit. 4. Exclusive Ownership: each Owner or Owners shall be entitled to exclusive ownership and possession of their Unit. Such Owners may use the general and limited common elements in accordance with the purposes for which they are intended and as they may otherwise agree between themselves, so long as they do not hinder or encroach upon the lawful rights of other Unit Owners. 1. Function: there shall be formed an Association of Unit Owners. Membership shall be limited to Unit Owners as defined in this Declaration. It shall be the function of the Association to: a. Adopt By-Laws for the governance of the Association. b. Make provisions for the general management of the Condominium. C. Levy assessments as provided for in this Declaration, the By-Laws, and the Unit Ownership Act. d. Adopt and implement a policy for the affairs of the Condominium. e. Enter into contracts to hire personnel for the management of the affairs of the Association and the maintenance and repair of the common areas. 2. Vote: on all matters, unless excluded by this Declaration, to be decided by the Association, each Unit Owner shall have a vote equal. to this percentage of interest in the general common elements. An owner of a condominium Unit, upon becoming an Owner shall be a member of the Association and remain a member for the period of his unit ownership. Except as otherwise provided in this Declaration or the By-Laws, a majority of the aggregate interest present at any meeting or by proxy shall be sufficient to act on matters brought before the Association. Meetings of the Association shall only be conducted when a quorum is present, as defined in the Association By-Laws. 3. Failure to Comply: each owner shall comply strictly with the provisions of this Declaration, the By-Laws of the Association and the rules, regulations, decisions and resolutions of the Association adopted pursuant thereto as the same may be lawfully amended from time to time. Failure to comply with any of the same shall be grounds for an action to recover sums due, for damages or injunctive relief or both, and for reimbursement of all costs, including attorney's fees incurred in connection therewith, which action shall be maintainable by the Manager in the name of the Association, on behalf of the owner or by an aggrieved owner where there has been a failure of the Association to bring such action. 4. Payment of Assessments - When Due: all assessments shall be due ten (10) days from the date of mailing of such assessment following the meeting at which time assessments are levied by the Association and may be payable in the installments monthly, quarterly or annually at the option of the Board. The amount of the common expenses assessed against each condominium Unit shall be the personal and individual debt of the owner thereof. No owner may exempt himself from liability for this contribution toward the common expenses and the limited expenses by waiver of the use or enjoyment of any of the general common elements or limited common elements or by abandonment of his Unit. All assessments which are not paid within thirty (30) days from the date they are due and payable become delinquent and are subject to interest and penalty charges. The Association or manager shall have the responsibility of taking prompt action to collect any unpaid assessment which becomes delinquent. In the event of delinquency in the payment of the assessment, the Unit Owner shall be obligated to pay interest at a rate to be determined by the Board. on the amount of the assessment from the due date thereof, together with such late charges as provided in the By-Laws of the Association. Suit to recover a money judgement for unpaid common expenses and limited expenses shall be maintainable without forclosing or waiving the lien securing the same. a. Common expenses and common profits, if any, and limited common expenses of the Birch Place Condominium shall be distributed among, and charged to the Unit Owners according to the percentage of interest of each in the common elements. b. Except as otherwise limited in this Declaration, each Unit Owner shall have the right to use the common elements for all purposes incident to the use of and occupancy of the respective family unit as a residence, and such other incidental uses permitted by this Declaration, which rights shall be appurtenant to and run with the family unit,*' 5. Levying Assessments - When Made - Purposes: the Association of Unit Owners shall levy assessments upon the Unit Owners in the following manner and for the following reasons: a. Assessments shall be made as a part of the regular annual business meeting of the Association as provided in the By-Laws of the Association or assessments can be made for special purposes at any other regular or special meeting thereof. All assessments shall be fixed by resolution of the Board of Directors. Notice of the assessment, whether regular or special, the amount thereof, and the purpose for which it is made, including an annual budget for expenditures and operation, for regular annual assessments, shall be served on all Unit Owners affected, by mailing a copy of the notice to said Owners at their address of record at least ten (10) days prior to the date for such meeting. b. - Assessments _. shall be,made-°for .. the - repair, insurance, replacement, general maintenance, management and administration of common elements., fees, costs and expenses of the manager, taxes for common areas if any, and assessments for the Unit Owners percentage share of any Special Improvement District Assessments. Assessments shall be based upon and computed by using the percentage of interest that each Unit Owner has in relation to the common elements. c. Assessments may also be made for the pament of limited common element expenses such that the Unit Owners are chargable only for the expenses relating to their respective units or buildings. Unit Owners shall share in the payment for limited expenses for the repair, maintenance and replacement of limited common elements of their respective Units in accordance with the percentage the condominium unit or units have in the limited common element for which the assessment is being made. if only one Unit is asociated with the limited common elements involved, then the entire cost of such repair, maintenance or replacement shall be borne by that Unit. d. Assessments may also be made for any purpose contemplated by this Declaration and for any purpose set out in the Montana Unit Ownership Act.. VI..- E The declarants, Jay D. Herschell and Catherine J. Brown, reserves the right to change the interior design and arrangement of all Units, so long as the declarant owns the Units so altered. No such change shall increase the number of Units or alter the boundary of the general common elements without an amendment of this Declaration. R90DEM Amendment of this Declaration shall be made in the following manner: At any regular or special meeting of the Association of Unit Owners such amendment mLy be proposed as a resolution by any Unit Owner. Upon adoption of the resolution by a majority vote of those present the amendment shall be made subject for consideration at the next succeeding meeting of the Association with notice thereof, together with a copy of the amendment to be furnished to each owner no later than thirty (30) days in advance of such meeting. At such meeting, the amendment shall be approved upon receiving the favorable vote of seventy-five percent (75%) of the Unit Owners. If so approved, it shall be the responsibility of the Association to file the amendment with the Clerk and Recorder's Office of Gallatin County, Montana. VIII.�.CHANGES.• REPAIRS, AND LIENS 1. Alterations by Unit Owners: the interior plan of a Unit may be changed by it's owner with the exception of the bearing walls which may not be moved. No units may be subdivided. No change in the boundaries"of Uriits"shall encroadh'upon the boundaries of the common elements except by amendment to this Declaration. Boundary walls must be equal in quality of design and construction to the existing boundary walls. A change in the boundaries between Units shall be set forth in a amendment to this Declaration. In addition to compliance with the provisions of Paragraph VII above, such an amendment must further set forth and contain plans to the Units concerned showing the Units after the change in boundaries, and attached to the amendment as exhibits. Such an amendment shall be signed and acknowledged by the owners of the Units concerned; as well as those owners with an interest in any common elements affected, together with words of conveyance in the amendment conveying interests acquired in the Units or common elements by such change. The amendment shall also be approved by the Board of Directors of the Association and signed and acknowledged by all lienors and mortgagees of the Units concerned. 2. Maintenance by Unit Owner: an Owner shall maintain and keep in repair the. interior of his own Unit and the fixtures thereof. All fixtures, utility lines and equipment installed in the Unit commencing at a point where the utilities enter the Unit shall be maintained and kept in repair by the Owner thereof. An owner shall do no act nor any work that will impair the structural soundness, or integrity of the building or impair any easement. An Owner shall also keep all the areas and limited common elements appurtenant to his Unit in a clean and sanitary condition. The right of each Owner to repair, alter and remodel is coupled with the obligations to replace any finishing or other materials removed with similar types or kinds of materials. No acts of alteration repairing o remodeling by any Unit Owner shall impair in any way the structural integrity. of the Units adjoining Owners or the structural integrity . of limited common elements or general common elements. 3. Exterior Alterations: no Owner may change, alter or remodel the exterior of his Unit without the prior written approval of the Board of the Directors of the Association. 4. Liens for Alterations: labor performed and materials furnished and incorporated into a Unit with the consent of or at the request of the Unit Owner, his agent, his contractor of sub-contractor shall be the basis for the filing of a lien against the Unit or the Unit Owner consenting to or requesting the same. Each Unit Owner shall indemnify and hold harmless each of the other owners from and against all liability arising from the claim of any lien against the Unit or against the general common elements or limited common elements for construction performed or for labor, materials, services or other products incorporated in the Owner's Unit at such Owner's request. 5. Liens or Assessments: all sums assessed but unpaid for the share of general common expenses and limited common expenses chargeable to any condominium Unit shall constitute a lien on such Unit superior to all other liens and encumbrances, except only for tax and special assessment liens on the Unit in favor of any assessing authority, and all sums unpaid on a first mortgage or a first trust indenture of record, including all unpaid obligatory sums as may be provided by such encumbrance. To evidence such lien, the Manager shall prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness, the amount of accrued interest and late charges thereon, the- name of the ' Owner ' of the Condominium► Unit and'a description -"of the Condominium Unit. Such notice shall be signed and verified by one of the officers of the Association or by the Manager, or his authorized agent, shall be recorded in the office of the Clerk ad Recorder of Gallatin County; Montana. Such Lien shall attach from the date of recording such notice. Such Lien may be enforced by the foreclosure of the defaulting Owner's Condominium Unit by the Association in like manner as a mortgage on real property upon the recording of a notice or claim thereof. In any such proceeding the Owner may be required to pay the costs, expenses and attorney's fees incurred in filing a lien, and in the event of foreclosure proceedings, additional costs, expenses and attorney's fees incurred. 6. Foreclosure: the Association shall have the power to bid on the Condominium Unit at foreclosure or other legal sale and to acquire and hold, lease, mortgage and vote the votes appurtenant to, convey or otherwise deal with the same. Any encumberer holding a lien on a Condominium Unit may pay, but shall not be required to pay, any unpaid general common expenses or limited common expenses payable with respect to any such Unit, and upon such payment such encumberer shall have a lien on said Unit, for the amounts paid of the same rank as the lien of his encumbrance without the necessity of having to file a notice or claim of such lien. 7. Insurance: A. All insurance policies upon the condominium property shall be purchased by the Association and shall be issued by an insurance company authorized to do business in Montana. a. Named Insured - Personal Property: the named insured shall be the Association individually as agent for the Unit Owners without naming them. Such policies shall provide that payments for losses thereunder by the insure= shall be paid to the . insurance Trustee hereinafter designated, and all policies and endorsements thereon shall be deposited with the insurance Trustee. Unit.Owners may obtain insurance coverage at their own expense upon their own personal property and for their personal liability and living expense. b. Copies to Mortgagees: one copy of each insurance policy and of all endorsements thereon shall be furnished by the Association to each mortgagee of a Unit !Owner on request. B. Coverage: a. Casualty: all. building and improvements upon the land shall be insured to an amount equal to the maximum insurable replacement and all personal property included in the common elements shall be insured for its value, all as determined annually by the Board of Directors of the ' s Association, but subject to such deductible clauses are required in order to obtain coverage at reasonable costs. Such coverage shall afford protection against: 1. Loss or damage by fire and other hazards covered by a standard extended coverage endorsement; and 2. Such other risks as fran time to time shall be customarily covered with respect to buildings similar in construction, location and use as the buildings on the land. _ The policies shall state whether the following items shall be within the coverage in order that Unit Owners may insure themselves if the items are not insured by the Association: airhandling equipment for space cooling and heating; service equipment, such as dishwasher, disposal, laundry, fireplaces, refrigerator, stove, oven, whether or not such items are built-in equipment; interior fixtures such as electrical and plumbing fixtures; floor coverings; inside paint and other inside wall finishings. b. Public Liability: in such amounts and with such coverage as shall be required by the Board of Directors of the Association, including but not limited to hired automobile and non-awned automobile coverage, if applicable and with cross liability endorsement to cover liabilities of the Unit Owners as a group to a Unit Owner: c. Other Insurance: such other insurance as the Board of Directors of the Association shall determine fron time to time to be desirable and as may be required by the Federal and State Laws. Co Premiums: premiums upon insurance policies purchased by the Association shall be paid by the Association as a common expense, except that the amount of increase in the premium occasioned by use for other than a residence, misuse, occupancy or abandonment of a Unit or it's appurtenances or of the common elements by a Unit Owner shall be assessed against that Owner. Not less than ten (10) days prior to the date when a premium is due, evidence of such payment shall be furnished by the Association to each mortgagee listed in the roster of mortgagees. D. Insurance Trustee: All insurance policies purchased by the Association shall be for the benefit of the Association and the Unit Owners and their mortgagees as their interests may appear, and shall provide that all proceeds covering property losses shall be paid to such bank in Montana with trust powers as may be designated as insurance trustee by the Board of Directors of the Association , which trustee is herein referred to as the insurance trustee. The insurance trustee shall not be liable for payment of premiums nor for the renewal or the sufficiency of policies not for the ! failure to collect any insurance proceeds. The duty of the r insurance trustee shall be to receive such proceeds as are paid and hold the same in trust for the purposes elsewhere stated in this instrument and for the benefit of the Unit Owners and their mortgagees in the following shares, but which shares need not be set forth in the records of the insurance trustee. a. Unit Owners: an undivided share for each Unit owner, such share being the same as the undivided share in the common elements appurtenant to his Unit. b. Mortgagees: in the event a mortgagee endorsement has been issued as to a Unit, the share of the Unit Owner shall be held in Trust for the mortgagee and the Unit Owner as their interests may appear, provided however, that no mortgagee shall have any right to determine or particpate in-the • determination.. as.. to. whether or not any damaged property shall be reconstructed or repaired, and no mortgagee shall have any right to apply or have applied to the reduction of l a mortgage debt any insurance proceeds except distributions thereof made to a Unit Owner and mortgagee pursuant to the provisions of this Declaration. E. Distribution of Proceeds: proceeds of insurance policies received by the insurance trustee shall be distributed to or for the benefit of the beneficial Owners in the following manner: a. Expense of the trust: all expenses of the insurance trustee shall be first paid or provision made therefore. b. Reconstruction or Repair: if the damage for which the proceeds are paid is to be repaired or reconstructed by the Association, the remaining proceeds shall be paid to defray the cost thereof as elsewhere provided. c. Certificate: in making distribution to unit Owners and their mortgagees, the insurance trustee may rely upon a certificate of the Association made by it's representatives or manager as to the names of the Unit Owners and their respective shares of the distribution. F. Association as Agent: the Association is irrevocably appointed agent for each Unit Owner and for each Owner of a mortgage or other lien upon a unit and for each Owner of any other interest in the condominium property to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims. G. Benefit to Mortgagees: certain provisions in this paragraph entitled "Insurance" are for the benefit of mortgagees of concominium parcels, ad all such provisions are covenants for the benefit of any mortgagee of a Unit and may be enforced by such mortgagee. 8. Reconstruction: A. Repair after Casualty: if any part of the condominium property shall be damaged by casualty, whether or not it shall be reconstructed or repaired, shall be determined in the following manner: a. Lesser Damage: if a Unit or Units are found by the Board of Directors of the Association to be tenantable after the casualty, the damaged property shall be repaired. b. If a Unit or Units are found by the Board of Directors to be not tenantable after the casualty, the damaged property will be reconstructed or rebuilt. c. Certificate: the insurance trustee may relay upon a certificate of the Association made by it's Chairman or President and Secretary to determine whether or not the damaged property is to be reconstructed or repaired. B. Plans and Specifications: any reconstruction or repair must be substantially in accordance with the plans and specifications for the original improvements, or if not, then according to plans and specifications approved by not less than seventy-five percent (75%) of the Unit Owners, including the Owners of all units the plans for which are to be altered. Any such reconstruction not in accordance with the original plans and spcifications must be set forth in an amendment to the Declaration, which amdnement shall be prepared and filed of record in accordance with the provisions of such amended filing, more particularly set forth in Paragraph VII and Paragraph VIII, sub-paragraph 1, hereinabove. C. Responsibility: the responsiblity for reconstruction or repair after casualty shall be the same as for maintenance and repair in the condominium property. D. Assessments: if the proceeds of insurance are not sufficient to defray the estimated costs of reconstruction or repair for which the Association is responsible, or if at any time during the reconstruct or repair, or upon completion of such reconstruction or repair, the funds for the payment of the costs thereof are insufficient, assessments shall be made against all Unit. .Owners in .. . . sufficient amounts to provide funds for the payment of such costs. Such assessment shall be in proportion to the Owner's percentage of interest in the general common elements. E. Construction Funds: the funds for payment of costs of reconstruction or repair after casualty, which shall consist of proceeds of insurance held by the insurance trustee and funds collected by the Association from assessments against Unit Owners, shall be disbursed in the sound discretion of the trustee and according to the contract of reconstruction or repair, which contract must have the approval of the Board of the Unit Owners involved. F. Surplus: it shall be presumed that the first monies disbursed in payment of costs of reconstruction and repair shall be from the insurance proceeds. If there is a balance in a construction fund after payment of all costs of the reconstruction and repair for which the fund is established, such balance shall be paid to the Association for the use and benefit of th.- `:nit owners. IX.. RRML. OR PARTITION. Sim S10 The Birch Place Condominium may only be removed from condominium ownership, and may only be partitioned or sold, upon compliance with each of the conditions hereof: a. The Board of Directors of the Association must approve the plan of removal, partition or sale, including the details of how any partition or sale and the distribution of property or finds shall be accomplished. b. The plan of removal, partition or sale must be approved as provided in the Montana Unit Ownership Act. Upon obtaining such approval the Board of the Association shall be empowered to implement and carry out the removal or partition plan. c. No Unit may be divided or subdivided into a smaller unit, nor any portion thereof sold or otherwise transferred, except as provided above. ,. . IIERPRETATION The provisions of this Declaration and of the By-Laws to be promulgated and recorded herewith, shall be liberally construed to effectuate the purposes of the Declaration and By-Laws and to create a building or buildings subject to and under the provisions of the Unit Ownership Act. xI•• • RII"lE�� All remedies provided for in this Declaration and By-Laws shall not be exclusive of any other remedies which may now be, or are hereafter available to the parties •hereto as provided for by law. XII..•. . SEVERABjL= The provisions hereof shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any one or more provisions shall not affect the validity or enforceability of any other provision hereof. III.• MIS(�LLANE s 1. Utility and Structural Easements: easements are reserved through the condominium property as may be required for utility services, including water, sewer, power, telephone, natural gas and cable television in order to serve the condominium adequately, provided however, such easements through the property or through a Unit shall be only according to the plans and specifications for the Unit building, as set forth in the recorded plat, or as the building is constructed, unless approved in writing by the Unit Owner. Every portion of a family unit which contributes to the structural support of the building shall be burdened with an easement of structural support for the benefit of the common elements. 2. Right of Access: the Association shall have the irrevocable right, to be exercised by the Manager, to have access to each Unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the limited common elements therein necessary to prevent damage to the general or limited common elements or to any Unit. Damage to the interior or any part of the Unit resulting from maintenance, repair, emergency repair or replacement of any of the general or limited common elements or as a result of an emergency repair within another unit at w' the instance of the Association sha1T be designated ' either limited or general common expenses by the Association and assessed in accordance with such designation. 3. Expenditures: no single expenditure or debt in excess of $1,000.00 may be made or incurred by the Association or Manager without the prior approval of a majority of the Unit Owners. 4. Benefit: except as otherwise provided herein, this Declaration shall be binding upon and shall inure to the benefit of the declarant, the Association and each Unit Owner, and the heirs, personal representatives, successors and assigns of each. 5. Service of Process: the name and address of the person to receive service of process for the Birch Place Condominium, until another designation is filed of record shall be: Jay D. Herschell of 132D Hoffman Drive, Bozeman, Montana, 59715. 6. Warranties: the declarant expressly makes no warranties or representations concerning the property, the units, the Declaration, By-Laws or deeds of conveyance except as specifically set forth therein and no one may rely upon such warranty or representation not so specifically expressed therein. Estimates of common expenses are deemed accurate, but no warranty or guarantee is made nor is intended, nor may one be relied upon. i BY-LAWS OF E� ASSOCIATION OF UNIT OWNERS OF BIRCH PLACE CONDOMINIUM 1. Purpose and Application: These Articles are and shall be the By-Laws of the Association of Unit Owners of the Birch Place Condominium. These By-Laws shall upon being recorded with the Recorder of Gallatizi County, State of Montana, govern and control the administration of the Birch Place Condominium. These By-Laws are a part of the Declaration for the Birch Place Condominium which Declaration is made a part hereof by reference. All Unit Owners, their guests and any renters or sub-lessees present and future shall be the rights and responsibilities described in these By-Laws and shall be subject to the provisions thereof. The acquisition of an ownership interest in a unit in the Birch Place Condominium, signifies that the Owner accepts, ratifies and agrees to comply with these By-Laws. 2. Membership: Persons owning a Unit in the Birch Place Condominium or owning a unit in any real estate tenancy relationship recognized by the State of Montana shall be a member of the Association of Unit Owners ("Association") . Membership begins concurrently with the acquisition of an ownership interest and terminates at the time such ownership interest -is terminated.. Such termination shall not relieve any owner of liability for obligations incurred while a member of the Association; further membership in the Association does not in any way negate or impair any owner's legal remedies, right to bring legal action, or defenses to any and all actions involving the Association, other Unit Owners, or the Management which may arise from or be incidents of unit ownership. 3. Obligations: Each Unit Owner shall be obligated to comply with the By- Laws, the Declaration, and the laws of the City of Bozeman, County of Gallatin, State of Montana. Such obligations shall include, but not be limited to, the paying of assessments by the Association. Failure of any owner to abide by these By-Laws, and all rules made pursuant thereon, the Declaration and the laws of the City of Bozeman, County of Gallatin, and the State of Montana, shall be grounds for appropriate legal action by the Association of Unit Owners or by an aggrieved Unit Owner against such non-complying owner. 4. Meetings and Voting: A. Regular Meetings: there shall be a regular meeting of the Association annually on the 4th Monday in January of each year, commencing on , , or on such other date properly announced by the Association. The first meeting of the Association shall take place not more than one year following the date of recording these By- Laws, if not sooner held. B. Special Meetings: pursuant to these By-Laws, the Association may at any time hold special meetings. Such special meetings may be called on the initiative of the Chairman of the Association, a signed request of the Manager, or a petition signed by twenty-five percent (25%) of the Unit Owners. Notice of any special meeting must specify the reason for such meeting and the matters to be raised. Only matters set forth in the petition or request may be brought before such meeting unless seventy-five w.., .. _ percent (75%) of the aggregate interest_ present agrees otherwise. C. Notice: notice of all meetings, regular or special shall be mailed by the Association's Secretary to every Unit Owner of record at his address of record at least ten (10) days prior to the time for holding such meeting. Such . notices shall specify the date, time and place of the meeting and shall make provision to allow for the voting of each Unit Owner's interest by proxy at the discretion of the owner. The mailing of a notice in the manner provided in this paragraph or the personal delivery of such notice by the Secretary of the Association shall be considered as notice served. D. Quorum: no meeting, regular or special shall be convened to conduct business unless a quorum is present in person or by proxy. A quorum shall consist of more than fifty percent (50%) of the total aggregate interest of the Birch Place Condominium. At any time, during any meeting that a quorum is not present, such meeting shall be adjourned forthwith. 5. Voting Interest: Each Unit Owner at Association meetings shall have a voting interest equal to his percentage of interest in the general common elements .as set forth in the Declaration, a copy of which is being filed concurrently with the filing of these By-Laws with the Clerk and Recorder of Gallatin County, State of Montana. Such percentage factor shall be the voting interest of each Unit Owner on all matters affecting the general business of the Birch Place Condominium, on all matters affecting the conmion elements, assessments for the common elements, and on all matters upon which the Association agreed to have voting by the common elements interest. Voting upon matters affecting limited common elements and assessments for limited expenses shall be only by owners having a unit or interest in units located in the building affected. Whenever a quorum is present at a meeting of the Association or the Board of Directors, those present may do any and all acts they are empowered to do unless specific provisions of these By- Laws, the Declaration, or the laws of the State of Montana direct otherwise. 6. Board of Direct-'-s: The governance of the Birch Place Condominium, shall be by a Board of Directors elected from among the Unit Owners. Such Board shall have all powers and responsibilities attendant to the general administration and control of the condominium. Additionally, the Board shall have the authority necessary to carry into effect the powers and duties specified by these By- laws. 7. Officers of the Board of Directors: The Association shall elect from it's membership a Board of Directors who shall consist of a Chairman, Secretary and Treasurer. The manner of election of the Board of Directors shall be as follows: At the first and all subsequent meetings of the Association nominations for positions on the Board will be accepted from any of the Unit Owners present. _ Voting will be non-cumulative with each Association member having a vote equal to his percentage of interest in the general common elements. Board members shall serve for one year and shall be elected by majority vote of those present at any annual or special meeting. The first Board consisting of three (3) persons shall be appointed by the declarants in the Declaration, which Board shall serve until the first annual meeting of the Association at which time a new Board shall be elected. 8. Powers and Duties of the Board of Directors: The Board of Directors shall have the following powers and duties: a. To call annual meetings of the Association and give due notice thereof. b. To conduct elections of the Board of Directors. c. To enforce the provisions of the Declaration and BY" Laws of the Birch Place Condominium, by appropriate action. d. To promulgate and adopt rules and regulations for the use of the common elements and for the occupancy of the units so as to not interfere with the peace and quiet of all the residents. Such rules must be ratified by seventy-five (75%) of the Unit Owners at the first regular or special meeting of the Association, following the adoption of such rules or regulations by the Board. e. To provide for the management of the Birch Place Condominium by hiring or contracting with suitable and capable management and personnel for the day-today operation, maintenance, upkeep and repair of the general common and limited ccnmon elements. f. To levy assessments as allowed by the Declaration, these By-Laws and the State of Montana, and to provide for the collection, expenditure and accounting of said assessments. g. To pay for the expenses of the maintenance repair and upkeep of the general common elements and the limited common elements, and to approve payment vouchers, either at regular or special meetings. h. To delegate authority to the Manager for the conduct of condominium business, to carry out the duties and powers of the Board, however, such authority shall be precisely defined with ultimate authority at all times residing in the Board of Directors. i. To provide a means of hearing grievances of Unit Owners and responding apropriately thereto. j. To meet at regularly scheduled times and hold such meetings open to all Unit Owners or their agents. k. To prepare an annual budget for the condominium in order to determine the amount of the assessments payable by the Unit Owners to meet the general common and limited common expenses and allocate and assess such charges among the Unit Owners according to their respective interests in the general common and limited common elements, and to submit such budget to the Unit Owners on or before the date of the annual meeting. 1. To levy and collect special assessments whenever, in the opinion of the Board it is necessary to do so in order to meet increased operating or maintenance expenses, costs, or additional capital expenses, or because of emergencies. m. To take appropriate legal action to collect any delinquent assessments, payments or amounts due from Unit Owners or from any person or persons owing money to the condominium, and to levy a penalty and to charge interest on.unpaid amounts due and owing. n. To defend in the name of the Association any and all lawsuits wherein the Birch Place Condominium is a party defendant. o. To enter into contracts with third parties to carry out the duties herein set forth, for and in behalf of the Board and the Association. p. To establish a bank account for the Birch Place Condominium and to keep therein all funds of the Association. Withdrawal of monies from such accounts shall only be by checks signed by such persons as are authorized by the Board of Directors. q. In general, to act for and carry on the administration and affairs of the Association as authorized and prescribed by the Declaration and to do all those things which are necessary and reasonable in order to carry out the governance and operation of the Birch Place Condominium. r. To establish rules and regulations for conduct, behavior, and use of the general common, and limited common elements. S. To make repairs, alterations and improvements to the general common and limited common elements consistent with managing the condominiums in a first class manner and in the best interest of the Unit Owers. t. To arrange, keep maintain and renew the 'insurance for the Association as set forth in the Declaration. U. To carry out the duties and responsibilities of the Board in all other matters as may be authorized, needed or required by the Declaration. 9. Vacancies and Removal: Should a vacancy occur on the Board of Directors, the Board, subject to the exception described below, shall appoint a member of the Association to serve for the unexpired term. Such vacancy shall be filled no later than the next regular Board meeting after which it occurs. Should such vacancy not be filled by the Board at the next regular meeting of the Association, the Association may fill such vacancy. At any regular or special meeting of the Association, any member of the Board may be removed by a majority of the aggregate interests in the Condominium. Such vacancy shall be filled by the Association. Such removal matter must be announced in the notice of such regular or special meeting. The personal delivery of such notice by the Secretary of the Association shall be considered notice served. 10. Compensation: No member , of the Board of Directors shall receive any compensation for acting as such. Nothing herein, however, shall be construed to preclude compensation being paid to Managers who are hired by the Board of Directors. 11. Managers: The Manager shall be appointed and/or removed by the Board of Directors. The Manager shall be bonded, and shall have maintained records of the financial affairs of the condominium. Such records shall also detail all assessments made by the Association and the status of payments of said assessments by all Unit Owners. All records shall be available for examination during normal business hours to,any Unit Owner or his assigned - - representative. All functions and duties herein provided for the Manager may be performed by the Board, or the Chairman, if the Board should decide not to have a manager. a. Accounts: the receipts and expenditures of the Association shall be under the direction of the Manager and be classified as appropriate into general common expenses and limited common expenses and shall include a provision for: 1. Current Expenses: which shall include all receipts and expenditures to be made within the year for which the budget is made, including a reasonable allowance for contingencies and working funds, except expenditures chargeable to reserve or to betterments. The balance in this fund at the end of each year shall be applied to reduce the assessments for current expenses for the succeeding year. 2. Reserve for the Deferred Maintenance: which shall include funds for maintenance items which occur less frequently than annually. 3. Reserve for Replacement: which shall include funds for repair or replacement required because of damage, depreciation , or obsolescence. 4. Betterments: which shall include the funds to be used for capital expenditures for additional I improvements or additional personal property which shall be a part of the common elements. b. The Manager shall prepare and submit to the Board a budget each calendar year, which must be approved then and adopted by the Board. The budget shall include the estimated funds required to defray the general common and limited common expenses and to provide and maintain funds for the foregoing accounts according to good accounting practices. Copies of the budget and proposed assessments shall be transmitted to each member on or before December 4, preceeding the year for which the budget is made. If the budget is subsequently amended, a copy of the amended budget shall be furnished to each member. c. A financial report of the accounts of the Association shall be made annually by an accountant, and a copy of the report shall be furnished to each member at the annual meeting. The Manager shall generally operate and manage the condominium for and in behalf of the Unit Owners and shall have such other powers and authority as the Board may delegate. 12. Amendment of the By-Laws: These By-Laws may be amended at any regular or special meeting of the Association providing that a copy of the proposed revision is included in the notice of such meeting. Upon a vote of over seventy-five percent (75%) of the aggregate interest in the condominium, the amendment shall be declared adopted. The 'Secretary shall as soon as practical after adoption, prepare a copy of these By-Laws as amended for certification by the Chairman and Secretary of the Association. Such amended and certified By-Laws shall then be filed and recorded in the office of the Clerk and Recorder of Gallatin County, State of Montana. By-Laws as amended shall become effective at the time of such recording. 13. Assessments: In accordance with the percentage of interest in the general common elements as set forth in the Declaration, each Unit Owner shall be assessed for general common expenses. Such assessment, and assessments for limited common expenses shall be collected and paid according to the terms and under the procedures more particularly set forth in the Declaration. The amount of assessments described above and any other assessmens allowed by these By-Laws, the Declaration and by the State of Montana shall be fixed by the Board of Directors. Notice of each owner's assessments will be mailed to said owner at his address of record. 14. The Declaration: Jay D. Herschell and Catherine J. Brown have filed along with these By-Laws, a Declaration, whereby the properties known as the Birch Place Condominium are submitted to Title 67, Chapter 23, R.C.M., 1947. The Declaration shall govern the acts, powers, duties and responsibilities of the Association of Unit Owners and in the event these By-Laws and the Declaration are in conflict, the Declaration shall prevail. The definition of terms set forth in the Declaration shall be applicable throughout these By-Laws, and the interpretation thereof. By virture of these By-Laws and the Declaration, each Unit Owner has the right to membership in the Association of Unit Owners and any Unit Owner may be on the Board of Directors of the Birch Place Condominium. The Birch Place Condominium Association, of Unit Owners and it's Board of Directors shall have primary and final authority on all matters solely affecting the condominium area, subject to the laws, rules and regulations of the City of Bozeman, County of Gallatin, State of Montana. IN WITNESS WHEREOF, Jay D. Herschell and Catherine J. Brown as the owners of record of all of the condominium units and 100% of the voting interests of the said Birch Place Condominium as of the date hereof, hereby appoints the following persons to serve on the Board of Directors until the first meeting of the Association to-wit: CHAIRMAN SECRETARY TREASURER And Jay D. Herschell and Catherine J. Brown and the said Board hereby declare and affirm the adoption of the foregoing By- Laws on the day of , r irlf f 1 • 1 1 i tit" Pig�.��. CERTIFICATE OF P'ROFFSSIONAL FNG'INFFR/ARCHITECT The undersigned, a registered professional engineer in the state of Montana, hereby certifies and verifies the floor plans for Alpin Square Condominiums and the Declaration and by-laws thereof r/corded as Exhibit "A" and "B" , respectively, in \he pu/blic records 1h the office of the clerk and recorder, all,atin County, .Montana, fully and accurately depict the la ou�.t and floor plans of units A, B, C, and D of Alpine Squ e Condominiums , Building One (1) , and "units D, E, F, 9 and H of Alpine Square Condo- miniums, Building Two (2) an/d the buildings in which the same is located. The resi �ntial units and buildings in which they are located wer substantially completed in the mont of November , 1 1. l Certified Pro es ional Engineer/ Notary Public Architect . '• t �-' _-i Cv-[')•tom!,C.ct:�p.. .�f� qb Number : 3570 .E Date M:,,,, I 1 1 `.,FACE, AP- Z_ o --- 0 2 55 58 122 121 120 76 rn 0 65 63 - 6: AT EACH OF ,rG 81.94' 93. 00' 93. 00' 93. 00' - 70. 04' 7U',D A 112' DIAM- \. . , R 25. 00 R - 25. 00 51 'HTLY BELOW o 56 L = 47. 17 ' " L• = 39. 05 , 64 4F,�aRENTLY UNDIS- G = 108c-06'-O8 " eu a� _" G = 890-29' -20° 66 o S 57 T = ,34. 47 ' _ r r2 T = 24. 78' 0 4 0 3 0 2 0 .-: IN I FOUND A 5 p q O •- OLn 1 , E__ ROD, BACLY BENT. 1, — `=' 12090 S . F . � 12090 S . F . `_' 1 2090 S . F . ,-- `�' r ^� W i -H MY MONUMENT AS ` � 1 2099 $ . F . o 0 12270 S . F . N SOUTHW •, ' T. :I` �N OF ALL TANGENTS E'ER= FOUND UTILITY L.4SEMENT 10` WIDEW�_ _= TE4;,'!rJEL Y FOUND UGNUMENTS. - - -- - -- ---- - --- - - - -- - — - -- _- - -- - - - - - - - - -- = R i CU=!'ES '_RE MEASUREG, 111 73. 92' 112 93. 00' 114 93. 00' --il 93-0 1'' w_„ 95. 97 ' 119 N �Iv h Z - -- 00' -104. 08''E UL 5 --` ol LC , o _ EC:RD VA'.LUE S - THESE MEASURED w °' UT I L I T Y EASEMENT 10' WIDE O c' rn h'c=EON. ALL (STANCES AND BEAR- � o - Ln o AS-;RED GR CCVPUTEO VALUES. FOR �� �, I / I TO 119: S 89--54 . -47 E NE DISTANCES REFER TO THE PLAT - s• T J M v1 rn 06 Ln 16065 S . F . - 13124 S . F . co 12550 S . F . 0 12363 S . F . ai o 30. 00' R = 25. 00' - o R = 25. 00' L = 39. 25 ' z R = 530. 00' ' Z L = 39. 44' 97 I FSINTS - 1 SET A 4 x 4' x 24 CONCRETE L = 89c-S7' -47 L = 16, 86 ' = 90°23'-51 " �o •I -HE SURFACE OF THE GROUND, AND MARKED Ln R = 530. 00' 5 ' 88, 15 ' 180 79. 94' 30 00 6 59 L = 44. 39 ' ,�� l06 . !0' 81 1 13 _ N 890-55 ' -54''W o 12 25,21' 4 82 R = 530. 00 fG 38 39 65, 66, 12, 57, 58, 87, 88, o �1 5. 14 c 2' -�'G _ __ N 890-55' -54 W `\% ' ' - 5 1 5 - ---- -1 9 0 223. 56 ' =DINTS I SETA I �� 29 IRON POST WITH TN 2� 2g 157.81 H 0 F F M A N DRIVE ? /2 DIAMETER BRASS CAP, 29 ` IN THE �A 89 RECORD, 90 TO 94. S 89 -56 E, 223. 42 5 1 � ,2 30 D gl : MEASURED TANGENT 1%-5: 83.88 ' VADHEIM �g1 R. 69 �,2 28 MEASURED TANGENT 5- 13: 84.88 1973 REco_ -59 4 , L1 + JH 5 11 iARLES R . .SWART SURVEYOR CURVE 89-90: CURVE 'Z- RECORD CURVE DATA , CURVE 89-90: R = 500- 00' R = -30. 00 L = 157. 80' nr r l Aa„R. L = l:7. 81 ' ; _ F G. - 18 -05 ' 1 1 e_� DECLARATION FOR THE ,r ALPINE SQUARE CONDOMINIUM This Declaration is hereby made and�center(�d �to��t_jj day of � -"' ;%W,_R8 , by Michael R� nrir�iTiia �an'rLD��" (yam G Rntiri rniap of Bozeman, Montana, (hereinafter referred to as the "declarant"), whereby lands and property hereinafter described are submitted and subject to the Montana Unit Ownership Act pursuant to S70-23-101 et seq., MCA 1979. The property subject to this Declaration shall be known as the iPapizre Condominium, (hereinafter referred to as the "condominium"). The address , of the condominium is . . Win, 2.29 So Bozeman, Montana - 59715. I. DEFINITIONS Unless the context expressly provides otherwise, the following defini- tions shall pertain throughout this Declaration and in the interpretation thereof: 1. Aggregate Voting: shall mean the entire number of votes or persons present or available to vote'in person` or by proxy in a particular circumstance. • 2. Association or Association of Unit Owners: Means all of the Unit Owners acting as a group and in accordance with duly adopted By-Laws and this Declaration. 3. Board or Board of Directors: shall mean the Board of Directors of the Association as more particularly defined in the By-Laws. 4. Building: means the building(s) containing the condominium units. 5. By-Laws: means the By-Laws promulgated by the Association under this Declaration and the Unit Ownership Act. 6. Common Elements: means both general common elements and limited common elements. a. General Common Elements: includes all those elements which are for the use of all residents and guests of residents of the Condominium. Specifically included are: the grounds surrounding the building (s), driveways, detached III garages, the use of which such garages shall be_assigned accord- ing to the Plans of Record filed with Gallatin County, the land on which the building is situated, paths and walkways, footing,, founda- tions, framework, columns, trusses, supports, roof and other struc- tural components of the building, exterior walls, gutters and vertical roof drains, electrical, gas, telephone, water and sewer lines and connections serving all of the units, landscaping, plants and other materials and improvements separate from and outside of the building containing the units, and other elements necessary- for the safety, maintenance and existance of the condo- minium in which each Unit Owner shall have disdesignated percentage of interest, as set forth in papagraph IV below. b. Limited Common Elements: as used in this Declaration shall mean those common elements which. are reserved for the use of fewer than all of the residents and guests of residents of the Condominium. Specifically, as to any given Unit Owner or Owners, limited common elements shall mean the following common elements which are located within or affixed to the building containing his unit in which the elements are located or situated on the real property known as the txa amineondominium: S � es Flues, chimneys, ducts, cables, conduits, public utility lines, water, sewer, electrical, gas, cable television lines and hot and' o cold water pipes, (all such utility pipes and lines are limited common element's where they service only one or two units, where they service all units they shall be general common elements) , entrances, patios, porches, decks, furnaces, boilers, hot water tanks, heating ducts, cold air returns, washer and dryer hook-ups, and fixtures or other portions of the building servicing only a particular unit or less than all of the units. The percentage of the separate units interest in the limited common elements shall be computed by determining the number of units that have use of the limited common elements and taking the value of each such unit and dividing it by the value of the unit or all such units making use of the particular limited common elements. Such values shall be the same as the values used to compute the percen- tage'of interest of the unit owners in the general Common elements and shall be the value of the units at the date of filing this Declaration and which are set- forth in this Declaration. 7. Common Expenses: means expenses of administration, maintenance, water service, insurance on common elements, repair oY replacement of general common elements, expenses agreed upon by the Association of all Unit Owners, and expenses declared common by the Unit Owner- ship Act:`° 8. Declaration: means this document and all parts attached thereto or incorporated by reference. 9. Limited Expenses: means the expenses attributable to the main- tenance, repair and replacement of limited common elements. -2- 10. Manager: means the manager, the Board of Directors, management corporation or any other person or group of persons retained or appointed by the Board, or by the Association of Unit Owners for the purpose of conducting the day-to-day operations of the Condominium. 11. Property: means all the land, buildings, improvements and structures thereon and all easements, rights and appurtenances belonging thereto, which are herewith submitted to the Unit Ownership Act. 12. Record Officer: means the county officer charged with the duty of . filing and recording the deeds, mortagages and all other instru- ments and documents relating to this Declaration and the property to which it is subject. 13. Unit: shall be the separate condominium units of the Alpine Square Condominium and is a parcel of real property including and contain- ing one or more rooms occupying one or more floors or a part or parts thereof, intended for any type of independent use, and with a direct exit to a street or highway or to common elements leading to a street or highway. 14. Unit Designation: is the combination of letter, numbers and words which identify the designated units. 15. Unit Owner or Owner: means the person or persons owning a fee simple absolute, or one who is a co-owner in any real estate relationship that is recognized under the laws of the State of Montana, in one or more units of the Alpine Square Condominium. II. REAL ESTATE 1. Description. The real property which is by this Declaration submitted and subject to the Montana Unit Ownership Act is described as follows: O�jei,t/S err CytC/�r L'' � B/DCK3 a� dm�fo'�S -to- the City of Bozeman, Montana., according to the official plat thereof on file and of"record in the office-of the County Clerk v and Recorder of Gallatin County, Montana.` Thj condominium units consist of e �) separate units lettered A through )( consecutively. The. provisions of this Declaration and the By-Laws shall be construed.to be covenants running with the land including every unit and shall be binding upon the unit's owners, their heirs, successors, personal representatives. and assigns for as long as this Condominium Declaration and ' By-Laws are in effect. The units shall be designated as follows: East Building: t A - lower level no h hal f buildin -, Unit B - er leve orth ha f buil i Unit C lower le sou alf of bui ng, Uni - upper vel sout:i f of builds ; West ild nc Unit E - ea end of b ing, upp nd lower eels; Unit F - nter uni , upper a lower love Unit G - ower love st end o building; ` Un' H - upp level we t end of bus ng. -s i 2. Condominium Units: Each Unit, together with the-a R,ant un. �'� d interest in the common elements of the condominium shall together com- prise one condominium unit, shall be inseparable, and may be conveyed, leased, rented, devised or encumbered as a condominium unit as a fee simple interest in a parcel of real property. 3. Encroachments: If any portion of the general common elements or limited common elements encroaches upon a Unit or Units a valid ease- ment for the encroachment and for the maintenance of the same, so long as it stands, shall and does exist. If any protion of a unit encroaches upon the general common elements, or limited common elements, or upon an adjoining unit or units, a valid easement for the encroachment and for the maintenance of the same, so long as it stands, s.iall and does exist. Such encroachments and easements shall not be considered or determined to be encumbrances either on the general common elements, the limited common elements, or on the Units for the purpose or market- ability of title. In the event the building or any portion thereof if destroyed and then rebuilt, the Owners of the Unit or Units agree that minor encroachments of parts of the general common or limited common elements because of such construction shall be permitted and that an easement for such encroachment and the maintenance and repair of the same shall exist. 4. Buildings: The Units comprising the condominium are contained in ') buildingp, each includin o 1 wer floor and one upper floor. Additional- ly there are W) (J garages(3s%,J�lt 9!}r�4y�I a?✓GcN.YS�i`C� p `r^`�t �cvv�cic-��5���s oz,=ca...:�. �¢moo(�• 5. Unit Boundaries: Each Unit shall include the part of the building con- taining the Unit that lies within the boundaries. of the Unit, which boundaries are as follows: a. Upper and Lower Boundaries: The upper and lower boundaries of the Unit shall be the following boundaries extended to an inter- section with the perimetrical boundaries: (1) Upper Boundary: The plane of -the underside of the roof trusses or ceiling joists of each Unit, not including the drywall or gypsum board naidled to such trusses or joists. (2) Lower Boundary: The upper surface of the plywood floor of the Units. b. Perimetrical Boundaries: The perimetrical boundaries of the Unit shall be the following boundaries extended .to an intersection with the upper and lower boundaries: (1) Exterior Building Walls: The intersecting vertical planes adjacent to and including the exterior of the interior sheathing or wall covering of the outside walls bounding a Unit. (The outside surface of the interior drywall on the outside walls) . r _I r n -4- (2) Interior Building walls: The vertical planes of the centerline of the walls between the Units extended to an intersection with the other perimetrical boundaries. C. Finished and Unfinished Surfaces: The Owners of the respec- tive Units shall not be deemed to own the undecorated and/or un- finished surfaces of the perimeter walls, floors and ceilings surrounding his respective Unit, nor shall said Owner be deemed to own pipes, wires, conduits or other public utility lines running through said respective Units which are utilized for, or serve more than one (1) Unit, except as tenants in common with the other Unit Owners as heretofore provided. Said Owner however, shall be deemed to own the interior walls and partitions which are contained in said Owner's respective Unit, (except where the same are structural or bearing walls, which shall be limited common elements) and also shall be deemed to own the interdecorated and/or finished surfaces of the perimeter walls, floors and ceilings, including plaster, paint, wallpaper, etc. 6. Construction Materials: The principal material of construction of the, Units are concrete for the foundations and footings, wood for the framing, structural and finish work, sheetrock and plywood for the U interior, carpet, wood or tile for the floors, cedar siding for exterior wall surfaces, and asphalt shingles on the roof of the building. 7. Exclusion of Use: The which ��s accessible from, associated with shy e ',Of joins a Unit . wiUout further reference thereto, be. used in connection with such Unit to the exclusion 'of use thereof by other owners of the general and limited common elements, except by invitation. III. EASEMENT, COMMON ELEMENT - INTERIOR REMODELING 1. Common Element Easements: A nonexclusive right of ingress and egress and support through the general common elements is appurtenant to each Unit and all the general common elements are subject to such rights. 2. Interior Remodeling: Each Unit Owner shall have the exclusive right to paint, repaint, tile, wax, paper, panel, carpet, brick or otherwise maintain, refinish and decorate the inner surfaces of the walls, ceil- ings, floors, windows and doors bounding his own Unit, and the interior thereof, so long as such owner does not affect the structural integrity of the building in which his Unit is located. `Add;_7704*1 , /7e rr�itY &e/�g�xr.�e-Vr„kc/ i ,v.5 Pro I'W4 6y#e-A, /al IV. OWNERSHIP AND VOTING - EXHIBITS - USE 1. Percentage of Interest: Each Unit Owner shall be entitled to the exclusive ownership, use and .possession of his Unit and the percentage of the interest of each Unit Owner in the common elements as set forth -5- TILMe � below. Each Unit Owner shall have a per Pn . e divided interest (; .. in the general common elements of the �" Condominium. Such percentage represents his ownership interest in the general common elements, his liability for common expenses, and the voting interest of the Unit Owner or Owners in all matters concerning the Association , of Unit Owners. The percentage of interest in the general common elements for the respective owners shall be computed by taking the _ value of each Unit at the date of filing this Declaration_ and divid- ing it by the then combined value of all of the units having an interest in the general common elements of the condominium. Such percentage of interest and value for each of the Units in the condo- minium shall be according to the percentages set forth below: PERCENTAGE OF INTEREST ` UNIT NO. VALUE IN GENERAL COMMON ELEMENTS A ?- S o 0 2 e, S E $ sev ea z C 2. Floor Plans and Exhibits: The A }rye C ,ndominium consists of the I real property described above, and a total of ` � separate Condominium Units as shown on the floor plans. For identification and descriptive purposes the following Exhibits are attached and by reference hereto incorporated into and made a part of this Declaration: Exhibit A: nee (3) pages sho e floor plans each of the Uni he Alpine Squar ndominium, the a of each, the dimen- sions and the desi ion for each Un' , and the site plan of the Alpine Square dominium and the location of the building contain- ing the dominium Units on the property. 3. Use: The Units and common elements shall be occupied and used as follows: a. No part of the property shall be used for other than residential purposes. Each family unit shall be used as a residence for a single family and for no other purpose, except that an Owner may use a portion of his Unit for an office or studio provided that the acti- vities therein shall not interfere with the quiet enjoyment or com- fort of any other Owner or occupant and provided further that in no event shall any part of the property be used as a school or music studio. Nothing contained herein shall prevent an owner of a unit from renting or leasing their unit to third parties fo- residential j purposes. However, the respective Units shall not be rented by the Owners thereof for transient or hotel purposes, which shall be defined as a rental for any period less than thirty (30) days, or any rental if the occupants of the Unit are provided customary hotel services, such as room service for food and beverage, maid service, fur- nishing laundry, linen and bell boy service. Other than the -6- foregoing obligations, the Owners of the respective units shall have the absolute right to lease the, same provided that said lease is made subject to the covenants and restrictions con- tained in this Declaration and further subject. to the By-Laws ° and regulatory agreement attached hereto. ` - b. There shall be no obstruction of the common elements nor ` shall anything be stored in or on the common elements without ` the prior consent of the Association. Each 'Owner shall be ` obligated to maintain and keep in good order and repair his ' own family Unit. ' c. Nothing shall be done or kept in any Unit or in the common elements which will increase the rate of insurance on the building ' or contents thereof applicable for residential use, without the ` prior written consent of the .Association. No owner shall permit ' anything to be done or kept in his Unit or in the common elements ' which will result in the cancellation of. insurance on the building, or contents thereof, or which would be in violation of any law. ' No waste will be permitted in the common elements. ' d. Owners shall not cause or permit anything to be hung or dis- played on the outside of windows or placed on the outside walls ' of a building and no sign, awning, canopy, radio or television ° antenna shall be affixed to or placed upon the exterior. walls or ' roof or any part thereof, without the prior written consent of the ` Association. r ' e. No rabbits, livestock, poultry or other animals of any kind shall be raised, bred or kept in any Unit, except that dogs, cats or other household pets may be kept in the Units subject to rules and regulations adopted by the Association, provided that they are not kept, bred or maintained for any commercial purpose. e f. No nuisances shall be allowed upon the property nor shall any use or practice be allowed which is a source of annoyance to residents of the Condominium or which interferes wit_i the peaceful r possession and proper use of the property by its residents. No immoral, improper, offensive or unlawful use shall be made of the r property nor any part thereof and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed. ' g. Nothing shall be done in any family Unit or in, on or to the ' common elements which will impair the structural integrity of the ' building or which would structurally change the building, except as is otherwise provided herein. ° h. No industry, business, trade, occupation or profession of any ` kind, commercial, religious, educational or otherwise shall be ' conducted, maintained or permitted on any part of the property, ' nor shall any "for sale" or "for rent" signs or other window ` -7- r 1 :9 • 1 • ri�M 66 Pia 2226 displays or advertising be maintained or permitted on any part of the property or in any Unit therein, except that declarant and its agents reserve the right to place "for- sale" or "for rent" signs on any unsold or unoccupied Units, and the right is hereby given to any mortgagee or trust indenture beneficiary who may become the owner of any Unit, to place such sign on any Unit owned by such mortgagee or beneficiary. i. Nothing shall be altered or constructed in or removed from the common elements, except upon the written consent of the Association. 4. Exclusive Ownership: Each Owner or Owners shall be entitled to exclusive ownership and possession of their Unit. Such Owners may use the general and limited common elements in accordance with the purposes for which they are intended and as they may otherwise agree between themselves, so long as they do not hinder or encroach ` upon the lawful rights of other Unit Owners. V. THE ASSOCIATION 1. Membership: An Owner of a Unit in the Condominium shall automatically upon becoming the Owner of said Unit, be a member of the Condominium Unit Owners Association, hereinafter referred to as the Association, and shall remain a member of said Association until such time as his ownership ceases for any reason, at which time his membership in said Association shall automatically cease. The membership shall be limited to Unit Owners as defined in this Declaration. 2. Punction: It shall be the function of the Association to: a. Adopt By-Laws for the governance of the Association. b. Make provisions for the general management of the Condominium. c. Levy assessments as provided for in the Declaration, By-Laws and Unit Ownership Act. d. Adopt and implement a policy for the affairs of the Condominium. e. Enter into contracts to hire personnel for the management of the affairs of the Association and the maintenance and repair of the common areas. 3. Vote: On all matters, unless excluded by this Declaration, to be decided by the Association, each Unit Owner shall have a vote equal to his percentage of interest in the general common elements. An owner of a condominium Unit, upon becoming an Owner shall be a member of the Association and remain a member for the period of his unit ownership. Except as otherwise provided in the Unit Ownership .Act, this Declaration or the By-Laws, a majority of the aggregate interest present at any meeting or by proxy shall be -8- o rtt_M 66 FAGE 2227 ' sufficient to act on matters brought before the Association.. Meetings of the Association shall only be conducted when a quorum is present, " as defined in the .Association By-Laws. 4. ' Failure to Comply: Each owner shall comply strictly with the provisions ' of this Declaration, the By-Laws of the Association and the rules, regu- lation, decisions and resolutions of the Association adopted pursuant thereto as the same may be lawfully amended from time tc time. Failure to comply with any of the same shall be grounds for an action to re- cover sums due, for damages or injunctive relief or both, and for reimbursement of all costs, including attorneys fees incurred in connec- tion therewith, which action shall be maintainable by the Manager in the name of the Association, on behalf of the owner or by an aggrieved owner where there has been a failure of the Association to bring such action within a reasonable time. 5. Payment of Assessments - When Due: All assessments shall be due three (3) days from the date of mailing of such assessment following the meeting at which time assessments are levied by the .Association ` and may be payable in installments monthly or quarterly, at the option ' of the Board. The amount of the common expenses assessed against each condominium Unit and the amount of limited expenses assessed against ' each condominium Unit shall be the personal and individual debt of the owner thereof. No owner may exempt himself from liability for this contribution toward the common expenses and the limited expenses by ' waiver of the use or enjoyment of any of the general common elements or limited common elements or by abandonment of his Unit. All assess- ments which are not paid within thirty (30) days from the date they are due and payable become delinquent and are subject to interest and penalty charges. The Association or Manager shall have the responsi- bility of taking prompt action to collect any unpaid assessment which becomes delinquent. In the event of delinquency in the payment of the assessment, the Unit Owner shall be obligated to pay interest at a rate to be determined by the Board on the amount of the assessment from the due date thereof, together with such late charges as provided in the By-Laws of the Association. Suit to recover a money judgment for unpaid common expenses and limited expenses may be maintainable without forclos- ing or waiving the lien securing the same. a. Common expenses and common profits, if any, and limited common expenses of the Condominium shall be distributed among, and charged to the Unit Owners according to the percentage of interest of each in the common elements. b. Except as otherwise limited in this Declaration, each Unit Owner shall have the right to use the common elements for all purposes incident to the use of and occupancy of the respective family unit as a residence, and such other incidential uses permitted by this Declaration, which rights shall be appurtenant to and run with the family unit. 6. Levying .Assessments - When Made - Purposes: The .Association of Unit Owners shall levy assessments upon the Unit Owners in the following manner and for the following reasons: -9- � o 1 . • no _ FnE2228 a. Assessments shall be made as a part of the regular, annual business meeting of the Association as provided in the By-Laws of the Association or assessments can be made for special purposes at any other regular or special meeting thereof. All assessments shall be fixed by resolution of the Board of Dirctors. Notice of the assessment, whether regular or special, the amount thereof, and the purpose. for which it is made, including an annual budget for expendi- tures and operation, for regular annual assessments, shall be served on all Unit Owners affected, by delivering a copy of the same to the Owner personally or by mailing 'a copy of the notice to the said Owners at their addresses of record at least ten (10) days prior to the date for such meeting. r b. Assessments shall be made for the water service, the repair, replacement, insurance, general maintenance, management and ad- ministration of common elements, fees, costs and expenses of the ` manager, taxes and assessments for the Unit Owner's percentage share of any Special Improvement District Assessments (which shall be sent directly to each Unit Owner), and as more parti- cularly provided in S70-23-101 et seq. , MCA 1979. Assessments shall be based upon and computed by using the percentage of interest that each Unit Owner has in relation to the common elements. c. Assessments may also be made for the payment of limited common element expenses such that the Unit Owners are chargeable only for the expenses relating to their respective units or building. Unit Owners shall share in the payment for limited expenses for the repair, maintenance and replace- ment of limited common elements of their respective Units in accordance with the percentage the condominium unit or units have in the limited common element for which the assessment is being made. If only one Unit is associated with the limited common elements involved, then the entire cost of such repair, maintenance or replacement shall be borne by that Unit. d: Assessments may also be made for any purpose contemplated by this Declaration and for any purpose set out in the Montana Unit Ownership Act. e. Common expenses and profits if any, of the Condoninium shall be distrubuted among and charged to, the Unit Owners according to the percentage of undivided interest of each , in the common elements. , f. In a voluntary conveyance of a Unit, the Grantee of the , Unit shall be jointly and severally liable with the Grantor for all unpaid assessments by the Association against the latter for his share of the common expenses up to the time of the grant or conveyance, without prejudice to the Grantee's , rights to recover from the Grantor the amounts paid by the Grantee therefor. However, any such Grantee shall be entitled to a statement from the Manager or Board of.Directors of the Association, as the case may be, setting forth the amount of , -10- , f f (i'm 66p 2229 said unpaid assessments against the Grantor-due the .Association and such Grantee shall not be liable for, nor shall the Unit ' conveyed by subject to a lien for, any unpaid assessments made by the .Association against the Grantor in excess of the amount s therein set forth. ' g. At the time the Association holds its first meeting, a reserve account shall be set up to which initial assessments shall then be deposited and which assessments shall be a sum that is equal to two times the monthly assessment fee for that year multiplied by the number of Units in the condominium ` project. Said amount shall be divided equally among all Unit Owners. If the Declarant still holds title to one or more ` Units, he shall pay the amount assessed against eaci and every Unit so owned. VI. DECLARANTS' RIGHT TO CHANGE The declarant, e, reserve the right to change the interior design and arrangement of all Units, so long as the declarants own the Units so altered. No such change shall increase the number of Units or alter the boundary of the general common elements without an amendment of this Declaration. VII. AMENDMENT Amendment of this Declaration shall be made in the following manner: At any regular or special meeting of the Association of Unit Owners such amendment may be proposed as a resolution by any Unit Owner. Upon adoption of the resolution by a majority vote of those present the amendment shall be made subject for consideration at the next succeeding meeting of the Association with notice thereof, together with a copy of the amendment to be furnished to each owner no later than thirty (30) days in advance of such meeting. At such meeting, the amendment shall be approved upon receiving the favorable vote• of seventy-five percent (75%) of the Unit Owners, If so approved, it shall be the responsibility of the Association to file the amendment with the Clerk and Recorder's Office of Gallatin County, Montana. VIII. CHANGES, REPAIRS AND LIENS 1. Alterations by Unit Owners: The interior plan of a Unit may be changed by its owner with the exception of the bearing walls which may not be moved. No Units may be subdivided. No change in the boundaries of Units shall encroach upon the boundaries of the common elements except by amendment to this Declaration. Boundary walls must be equal in quality of design and construc- tion to the existing boundary walls. A change in the boundaries between Units shall be set forth in an amendment to this Declara- tion. In addition to compliance with the provisions of Paragraph VII above, such an amendment must further set forth and contain plans to the Units concerned showing the Units after the change in boundaries, and attached to the amendment as exhibits. Such an amendment shall be signed and acknowledged by the owners o= the Units concerned; as well as those owners with an interest in any -11- ri`a 66 PAGE 2230 common elements affected, together with words of conveyance in the amendment conveying interests acquired in the Units or common ele- ments by such change. The amendment shall also be approved by the Board of Directors of the Association and signed and acknowledged by all lienors and mortgagees of the Units concerned. 2. Maintenance by Unit Owner: An Owner shall maintain and keep in repair the interior of his own Unit and the fixtures thereof. All fixtures, utility lines and equipment installed in the Unit commencing at a point where the utilities enter the Uni_ shall be maintained and kept in repair by the Owner thereof. An Owner shall do no act nor any work that will impair the structural sound- ness or integrity of the building or impair any easement. An Owner shall also keep all areas and limited common elements appurtenant to his Unit in a clean and sanitary condition. The right of each Owner to repair, alter, and remodel is coupled with the obligation to replace any finishing or other materials removed with similar types or kinds of materials. No acts of alteration, repairing or remodeling by any Unit Owner shall impair in any way r the structural integrity of the Units adjoining Owners or the structural integrity of limited common elements or general common elements. 3. Exterior Alterations: No Owner may change, alter or remodel the exterior of his Unit without the prior written approval of the Board of Directors of the Association. i 4. Exterior Maintenance by Homeowners Association: The Homeowners Association shall take all necessary steps, including, but not limited to, painting, lawn care, roof repairs, concrete repairs, snow removal and replacement or repair of all broken or worn parts, to ensure that the building does not unnecessarily deterio- rate. The Board of Directors of the Homeowners Association shall annually inspect the building and proceed with any necessary main- tenance or repairs. Failure by the Board of Directors of the Homeowners Association to make annual inspections and/or proceed with any necessary maintenance shall give any mortgagee or benefi- ciary .of any trust indenture the right to order such work done and bill the Homeowners Association therefor after notice to the Association of such intent by the said lienholder and giving the Association a reasonable time to perform such work. Any lienholder ` or representative of the same upon written request, shall have the ' right to join in the annual inspection made by the Board of Directors ' and suggest needed repairs and maintenance necessary to preserve ' the security value of the condominium project. P 5. Liens for Alterations: Labor performed and materials furnished and ' incorporated into a Unit with the consent of or at the request of the Unit Owner, his agent, his contractor or subcontractor shall be the basis for the filing of a lien against the Unit or the' Unit ' Owner consenting to or requesting the same. Each Unit Owner shall ' indemnify and hold harmless each of. the other Owners from and ' against all liability arising from the clain of any lien against ' the Unit or against the general common elements or limited common elements for construction performed or for labor, materials, services ' or other products incorporated in the Owner's Unit at such Dwner's P request. ' -12- Pis- ! ' 6. Liens and Foreclosure: .All sums assessed but unpaid fo^ znc snare ' of general common expenses and limited common expenses chargeable to any condominium Unit shall constitute a lien on such Unit superior ' to all other liens and encumbrances, except only for tax and special assessment liens on the Unit in favor of any assessing authority, and ' all sums unpaid on a first mortgage or a first trust indenture of record, including all unpaid obligatory sums as may be provided by such encumbrance. To evidence such lien, the Manager shall prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness, the amount of accrued interest and late charges thereon, the name of the Owner of the Condominium Unit and a descrip- tion of the Condominium Unit. Such notice shall be signed and veri- fied by one of the officers of the Association or by the Manager, ` or his authorized agent, shall be recorded in the office of the Clerk and Recorder of Gallatin County, Montana. Such lien shall attach from the date of recording such notice. Such lien may be enforced by the foreclosure of the defaulting Owner's Condominium Unit by the Association in the manner provided in the Unit Ownership Act and as provided by the foreclosure of a mortgage on real property upon the recording of a notice of claim thereof. In any such fore- closure the Unit Owner shall be required to pay a reasonable rental for the Unit and the Plaintiff in such foreclosure action shall be entitled to the appointment of a receiver to collect the same. Suit to recover a money judgment for unpaid common expenses shall be main- tainable without foreclosure or waiving the lien securing the same. In any such proceeding the Owner may be required to pay --he costs, expenses and attorney's fees incurred in filing a lien, and in the event of foreclosure proceedings, additional costs, expenses and attorney's fees incurred. 7. Bidding at Foreclosure: The Board of Directors of the .Association on behalf of the other Unit Owners shall have the power to bid on the Condominium Unit at a foreclosure or other legal sale and to acquire and hold, lease, mortgage and vote the votes appurtenant to, convey or otherwise deal with the same. Any lienholder holding a lien on a Condominium Unit may pay, but shall not be required to pay, any unpaid general common expenses, or limited commcn expenses payable with respect to any such Unit, and upon such payment such lienholder shall have a lien on said Unit for the amounts paid of the same rank as thelien of his encumbrance without the necessity of having to file a notice or claim of such lien. . 8. Unpaid Assessments - Mortgagee: Where a lienholder or other pur- chaser of a Unit obtains title to the Unit as a result of fore- closure of the first mortgage or trust indenture, such acquirer of title, his successors and assigns, shall not be liable for the share of common expenses or assessments by the .Association charge- able to such Unit which became due prior to the acquisition of title to such Unit by such acquirer. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectable from all of the Units including such acquirer., his successors and assigns. IX. INSURANCE 1. All insurance policies upon the condominium property shall be pur- chased by the Association and shall be issued by an insurance -13- 11 FIT 66 PiGH 2232 ' company authorized to do business in Montana. } a. Named Insured - Personal Property: The named insured shall be the Association individually as agent for the Unit Owners without naming them. Such policies shall provide that payments 'i for losses thereunder by the insurer shall be .paid to the in- surance Trustee hereinafter designated, and all policies and endorsements thereon shall be deposited with the insurance Trustee. Unit Owners may obtain insurance coverage at their own expense upon their own personal property and for their personal ' liability and living expense. 4 i b. Copies to Mortgagees: One copy of each insurance policy and of all endorsements thereon shall be furnished by the Association to each mortgagee of a Unit Owner on request. 2. Coverage: a. Casualty: All buildings and improvements upon the land shall be insured to any amount equal to the full insurable i replacement value and all personal property included in the common elements shall be fully insured, with all such insurance to be based on current repalcement value, all as determined annually by the Board, the insurer and any first lienholders or their representatives, but subject to such deductible clauses as are required in order to obtain coverage at reasonable costs, and which coverage shall be increased by the Board as may be necessary to provide that the insurance proceeds will be suffi- cient to cover replacement, repairs or reconstruction. . Such coverage shall afford protection against: (1) Loss or damage by fire and other hazards covered by a standard extended coverage endorsement, and (2) Such other risks as may from-: time to time shall cus- tomarily be covered with respect to buildings similar in construction, location and use as the building on the land, and (3) Errors and Ommissions insurance for the Directors, Officers and Managers if the Association so desires, in amounts to be determined by the Board. The policies shall state whether the following items are in- cluded -within the coverage in order that the Unit Owners may insure themselves if the items are not insured by the Association: Air- handling equipment for space cooling and heating, service equipment such as dishwasher, disposal, laundry, fireplaces, refrigerator, stove, oven, whether or not such items are built-in equipment, interior fixtures such as electrical and plumbing fixtures, floor coverings, inside paint and other inside wall finishings. b. Public Liability: In such amounts and with such coverage as shall be required by the Board of Directors of the..Association, including, but not limited to hired automobile and non-owned automobile coverage, if applicable, and with cross-liability -14- t 4 tri�� 66PAGE2233 endorsement to cover liabilities of the Unit Owners as a group to a Unit Owner. c. Other Insurance: Such other insurance as the Board of Directors of the Association shall determine from time to time to be desireable and as may be required by the Federal and State Laws. 3. Premiums: Premiums upon insurance policies purchased by the Associa- tion shall be paid by the Association as a common expense, except that the amount of increase in the premium occasioned by use for other than a residence, misuse, occupancy or abandonment of a Unit or its appurtenances or of the common elements by a Unit Owner shall be assessed against that Owner. Not less than ten (10) days prior to the date when a premium is due, evidence of such payment shall be furnished by the Association to each lienholder listed in the roster of lienholders. 4. Insurance Trustee: All insurance policies purchased by --he Association shall be for the benefit of the Association and the Unit Owners and their mortgagees as their interests may appear, and shall provide that all proceeds covering property losses shall. be paid to such bank in Montana with trust powers as may be desig- nated as insurance trustee by the Board of Directors of the Associa- tion, which trustee is herein referred to as the insurance trustee. The insurance trustee shall not be liable for payment of premiums nor for the renewal or the sufficiency of policies nor for the . failure to collect any insurance proceeds. The duty of the insurance trustee shall be to receive such proceeds as are paid and hold the same in trust for the purposes elsewhere stated in this instrument and for the benefit of the Unit Owners and their mortgagees in the following shares, but which shares need not be set forth in the record of the insurance trustee. a. Unit Owners: An undivided share for each Unit Owner, such share being the same as the undivided share in the common elements appurtenant to his Unit. b. Mortgagees: In the event a mortgagee endorsement has been issued as to a Unit, the share of the Unit Owner shall be held in Trust for the mortgagee and the Unit Owner as their interests may appear, provided however, that no mort- gagee shall have any right to determine or participate in the determination as to whether or not any damaged property shall be reconstructed or repaired, and no mortgagee shall have any right to apply or have applied to the reduction• of a mortgage debt any insurance proceeds except distributions thereof made to a Unit Owner and mortgagee pursuant to the provisions of this Declaration. 5. Distribution of Proceeds: Proceeds of insurance policies received . by the insurance trustee shall be distributed to or for the benefit of the beneficial owners in the following manner: a. Miscellaneous: Expenses of administration, insurance -15- 0 r I ti . • ' trustee and construction or remodling supervision shall be ' considered as part of the cost of construction, replacement ' or repair. ' b. Reconstruction or Repair: If the damage for which the ' proceeds. are paid is to be repaired or reconstructed by the ' Association, the remaining proceeds shall be paid to defray ' the cost thereof as elsewhere provided. I ' c. If there is no reconstruction or repair the first proceeds ' for distribution after paying the insurance trustee shall be ' made to the 1st lienholders for such Units before distribution to the Unit Owners. ' d. Certificate: In making distribution to Unit Owners and their lienholders, the insurance trustee may rely upon a ti certificate of the Association made by its representative or ( manager as to the names of the Unit Owners and their respec- tive shares of the distribution. 6. Association as Agent: The Association is irrevocably appointed agent for each Unit Owner and for each Owner of a mortgage or I other lien upon a unit and for each Owner of any other interest in the condominium property to adjust all claims arising under } I insurance policies purchased by the Association;and to execute I and deliver releases upon the payment of claims.. a 7. Benefit to Mortgagees: Certain provisions in this paragraph entitled "Insurance" are for the benefit of mortgagees or trust indenture beneficiaries of condominium parcels, and all such provisions are convenants for the benefit of any mortgagee of a Unit and may be enforced by such mortgagee or beneficiary. 8. The Owners Association shall notify the holder of any first lien on 1 any of the Units of the occurence of any loss in excess of $10,000.00, within thirty (30) days of such loss. - Z 9. Reconstruction: A. Repair after Casualty: If any part of the condominium property shall be damaged by casualty, whether or not it shall be reconstructed or repaired, shall be determined in the following manner: a. Lesser Damage: If a Unit or Units are found by the Board of Directors of the Association to be tenantable after the casualty, the damaged property shall be repaired. r b. If a Unit or Units are found by the Board of Directors to be not tenantable after the casualty, the damaged property may be reconstructed or rebuilt, or it not then the property shall be subject to the applicable provisions of the Unit Ownership Act. C. In the event the Owners Association elects not to rebuild as herein provided and set forth in 570-•23-101, insurance proceeds 4 shall be used to satisfy any outstandingXliens or encumbrances i on the property. r� t -16- I , t ' r G • FILM d. Certificate: The insurance trustee may rely upon a certifi- cate of the Association made by its Chairman, President or Manager to determine whether or not the .damaged property is to be reconstructed or rebuilt. B. Plans and Specifications: Any reconstruction or re_oair must be substantially in accordance with the plans and specifications for the original imporvements, or if not, then according to plans and specifications approved by not less than seventy-five percent (75%) of the Unit Owners, including the Owners of all Units the plans for which are to be altered. Any such reconstruction not in accordance with the original plans and specifications must be set forth in an amendment to the Declaration, which amendment shall be prepared and filed or record in accordance with the provisions of such amended filing, more particularly set forth in Paragraph VII and Paragraph VIII, sub-paragraph 1, hereinabove. . t C. Responsibility: The responsibility for reconstruction or repair after casualty shall be the same as for maintenance and repair in the condominium property. D. Assessments: If the proceeds of insurance are not sufficient to defray the estimated costs of reconstruction or repair for which the Association is responsible, or if at any time during such reconstruction or repair, or upon completion of such reconstruction or repair, the funds for the payment of the costs thereof are insuf- ficient, assessments shall be made against all Unit Owners in suffi- cient amounts to provide funds for the payment of such costs. Such assessment shall be in proportion to the Owner's percentage of interest in the general common elements. E. Construction Funds: The funds for payment of costs of recon- struction or repair after casualty, which shall consist of proceeds of insurance held by the insurance trustee and funds collected by the Association from assessments against Unit Owners, shall be dis- bursed in the sound discretion of the trustee and according to the contract of reconstruction or repair, which contract must have the approval of the Board of the Unit Owners involved. Surplus: It shall be presumed that the first monies disbursed in payment of costs of reconstruction and repair shall be from the insurance proceeds. If there is a balance in a construction fund after payment of all costs of the reconstruction and repair for which the fund is established, such balance shall be paid to the Association for the use and benefit of the Unit Owners. X. REMOVAL OR PARTITION - SUBDIVISION (A own TA-i N View The A±p±n9--5q—u__aj7Te Condominium may only be removed from condominium owner- ship, and may only be partitioned or sold, upon compliance with each of the conditions hereof: a. The Board of Directors of the Association must approve the plan of removal, partition or sale, including the details of how any partition or sale and the distribution of prcperty or funds shall be accomplished. -17- ♦T ( G � 66 b. The plan of removal, partition, subdivision, abandonment, ' termination or sale must be approved as provided in the Montana ' Unit Ownership Act. If approval for any of the foregoing is ' not required by the Unit Ownership Act, then approval shall be ' required from at least seventy-five percent (75%) of the Owners ' or first lienholders in the Condominium project. Upon obtaining ' such approval, the Board shall be empowered to implement and ' carry out the plan of removal, partition, subdivision, abandon- ment, termi.nation'or sale. c. No Unit may be divided or subdivided into a smaller Unit, nor any portion thereof sold or otherwise transferred, except as provided above. d. This section shall not apply to the sale of individual condominium units and shall not be considered as a right of first refusal. ` e. The common elements of the Condominium shall not be abandoned, partitioned, subdivided, encumbered, sold or ' transferred without compliance with all of the above requirements. XI. INTERPRETATION The provisions of this Declaration and of the By-Laws to be promul- gated and recorded herewith, shall be liverally construed to effectuate the purposes of this Declaration and By-Laws and to create a building or buildings subject to and under the provisions of the Unit Ownership Act. r � XII. REMEDIES All remedies provided for in this Declaration and By-Laws shall not be exclusive of any other remedies which may now be, or are hereafter, avail- able to the parties hereto as provided for by law. XIII. SEVERABILITY The provisions hereof shall be deemed independent and severable and the invalidity or. partial invalidity or unenforceability of any one or more provisions shall not affect the validity or enforceability of any ether pro- vision hereof. XIV. MISCELLANEOUS 1. Utility and Structural Easements: Easements are reserved through the condominium property as may be required for utility services, including water, sewer, power, telephone, natural gas and cable television, in order to serve the condominium adequately, provided however, such easements through the property or through a Unit shall only be according to the plans and specifications for the Unit building, as set forth in the recorded plat, or as the building is constructed, unless approved in writing by the Unit Owner. Every portion of a family unit which contributes to the structural support of the building shall be burdened with an easement of structural support for the benefit of the common elements. r -18- FILM 66 Pn'f_2237 2. Right of Access: The Association shall have the irrevocable right, to be exercised by the Manager, to have access to each Unit from time to time during reasonable hours as may be necessary for the main- tenance, repair or replacement of any of the limited common elements therein or accessible therefrom or for making emergency repairs therein necessary for the maintenance, repair or replacemnt of any of the limit- ed common elements therein necessary to prevent damage to the general or limited common elements or to any Unit. Damage to the interior or any part of the Unit resulting from maintenance, repair, emergency repair or replacement of any of the general or limited common elements or as a result of an emergency repair within another unit at the in- stance of the Association shall be designated either limited or general common expenses by the Association and assessed in accordance with such designation. 3. Expenditures: No single expenditure or debt in excess of $1,000.00 may be made or incurred by the Association or Manager without the prior approval of a majority of the Unit Owners. 4. Benefit: Except as otherwise provided herein, this Declaration shall be binding upon and shall inure to the benefit of the Declarant, the Association and each Unit Owner, and the heirs, personal representa- tives, successors and assigns of each. 5. Service of Process: The name and address of the person to receive ser- vice of process for Alpine Square Condominium, until another designa- tion is filed of record shall be: Michael R. Rodrique, 5550 Black Bear Road, Bozeman, Montana - 59715. 6. A first lienholder, upon request, will be entitled to written notifi- cation from the Association of any default in the performance by an individual Unit Owner of any obligation under the condominium docu- ments which is not cured within sixty (60) days. 7. First lienholders shall have the right to examine the books and records of the Owners Association and any Manager for the Condominium project. 8. The Declarant expressly makes no warranties or representations con- cerning the property, the units, the Declaration, the By-Laws or Deeds of conveyance except as specifically set forth therein anc no one may rely upon such warranty or representation not so specifically expressed therein. Estimates of common expenses are deemed accurate, but no.warranty or guarantee is made or is intended, nor may one be relied upon. -19- FILM fib PRIG€2238 IN WITNESS WHEROF, The Declarants have caused this Declaration to be made and executed according to the provisions of the Montana Unit Ownership Act, (S70-23-101 et seq., MCA 1979). DECLARANTS: 1 � MICHAEL R. RODRIQUE PATRICIA S. _ ODRIQUE STATE OF MONTANA ) ` ss. COUNTY OF GALLATIN / p) On the / 0 day of lyooem ker , 1981, before me, the undersigned, a Notary Public in and for the State of Montana, personally appeared Michael R. Rodrique and Patricia S. Rodrique, known to me to be the persons whose names are subscribed to the within instrument and they acknow- ledged to me that they. executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Notary 1 c for the State o ontana w ` '` `3� 1."s Residing at Montana r •t My commission eA ires: 3 -/(o,P -.jt` i r . I t , -20- 1 i i I f 1 I• a 1 1 BY-LAWS OF THE ASSOCIATION OF UNIT OWNERS OF ALPINE SQUARE CONDOMINIUM �. Purpose and Application: These Articles are and shall be the By-Laws of the Association of Unit Owners of the Alpine Square Condominium. These By-Laws shall upon being record ed with the Recorder of Gallatin County, State of Montana, govern and control the administration of the Alpine Square Condominium. These By-Laws are a part ¢ of the •Declaration for the Alpine Square Condominium, which Declaration is made a part hereof by reference. All Unit Owners, their guests and any renters or sublessees present and future shall have the rights and responsihilities de- scribed in these. By-Laws and shall be subject to the provisions thereof. The acquisition of an ownership interest in a unit in the Alpine Square Condominium, signifies that the Owner accepts, ratifies and agrees to comply with there By-Laws. 2. Membership: Persons owning a Uriit in the Alpine Square Condominium or owning a unit in any real estate tenancy relationship recognized by the State of Montana shall be a member of the Association of Unit Owners ("Association"). Membership begins concurrently with the acquisition of an ownership interest and terminates at the time such ownership interest is terminated. Such termination shall not relieve any owner of liability for obligations incurred while a member of the Association; further membership in the Association does not in any way negate or impair any owner's legal remedies, right to brig legal action, or defenses to any and all actions involving the Association, other Unit Owners, or the Management which may arise from or be incidents of unit ownership. 3. Obligations: Each Unit Owner shall be obligated to comply with the By-Laws, the Declaration, and the laws of the City of Bozeman, County of Gallatin, State of Montana. Such obligations shall include, but not be limited to, the pay- ing of assessments by the Association. Failure of any owner -to abide by these By-Laws, and all rules made pursuant thereto, the Declaration, and the laws of the City of Bozeman, Gounty of Gallatin, and the State of Montana, shall be grounds for appropriate legal action by the Association of Unit Owners or by a an aggrieved Unit Owner against such non-complying owner. 4. Meetings and Voting: A. Regular Meetings: There shall be a regular meeting of the Associa- tion annually on the 4th Monday in January of each year, commencing on # January 25, 1982, or on such other date properly announced by the + i Association. Any 1st lienholder shall have the right to have a repre- sentative attend any regular meeting and shall be given notice thereof. o The first meeting of the Association shall take place not more than one (1) year following the date of recording these By-Laws, if not sooner held. B. Special Meetings: Pursuant to these By-Laws, the Association may at any time hold special meetings, notice of which must be sent to any 1st lienholders, who shall have the right to have a representative attend. Such special meetings may be called on the initiative of the Chairman of the Association, a signed request of the Manager or a petition signed by 25% of the Unit Owners. Notice of any special meeting must specify the reason for such meeting and the matters to be raised. Only matters set forth in the petition or request may be brought before such meeting unless seventy-five percent (75%) of the aggregate interest present agrees otherwise. C. Notice: Notice of all meetings, regular or special shall be mailed by the Association's Secretary to every Unit Owner and 1st lienholders of record at their address of record at least ten (10) days rior to the time for holding such meeting. Such notices shall specify the date, time ` and place of the meeting and shall make provision to allow for the voting of each Unit Owner's interest by proxy at the discretion of the owner. The mailing of a notice in the manner provided in this paragraph or the personal delivery of such notice by the Secretary of the Association shall be considered as notice served. D. Quorum: No meeting, regular or special shall be convened to conduct business unless a quorum is present in person or by proxy. A quorum shall consist of more than fifty percent (50%) of the total aggregate interest of the Condominium. At any time, during any ,Association meeting that a quorum is not present, such: meeting shall be adjourned forthwith. 5. Voting Interest: Each Unit Owner at Association meetings shall have a voting interest equal to his percentage of interest in the general common elements as set forth in the Declaration, a copy of which is being filed concurrently with the filing of these By-Laws with the Clerk and Recorder of Gallatin County, State of Montana. Such percentage factor shall be the voting interest of each unit Owner on all matters affecting the general business of the Condominium, on all matters affecting the common elements, assessments for the common elements, and on all matters upon which the Association agreed to have voting by the common elements' interest. Voting upon matters affecting limited common elements and assessments for limited expenses shall be only by owners having a unit or interest in units located in the building affected. Whenever a quorum is present at a meeting of the Association or the Board of Directors, those present may do any and all acts they are empowered to do unless specific provisions of these By-Laws, the Declaration, or the laws of the State of Montana direct otherwise. 6. Board of Directors: The governance of the Condominium,. shall be by a Board of Directors elected from among the Unit Owners. Such Board shall have all -2- FILM .. 66 Pin- 41 powers and responsibilities attendant to the general administration and . control of .the condominium. Additionally, the Board shall have the authority necessary to carry into effect the powers and duties specified by these By-Laws. 7. Officers of the Board of Directors: The Association shall elect from its membership a Board of Directors who shall consist of a Chairman, Secretary and Treasurer. The manner of election of the Board of Directors shall be as follows: _ At the first and all subsequent meetings of the Association nominations for positions on the Board will be accepted from any of the Unit Owners present. Voting will be non-cumulative with each Association member having a vote equal to his percentage of interest in the general common elements. Board members shall serve for one year and shall be elected by majority vote of those present at any annual or special meeting. The first Board consisting of three (3) persons shall be appointed by the declarants in the Declaration, which Board shall serve until the first annual meeting of the Association at which time a new Board shall be elected. 8. Powers and Duties of the Board of Directors: The Board of Directors shall have the following powers and duties: a. To call annual meetings of the Association and give due notice thereof. b. To conduct elections of the Board of Directors. C. To enforce the provisions of the Declaration and By-Laws of the Condominium by appropriate action. d. To promulgate and adopt rules and regulations for the use of the common elements and for the occupancy of the units so as to not interfere with the peace and quiet of all the residents. Such rules must be approved by seventy-five percent (75%) of the Unit Owners at any regular or special meeting of the Association. e. To provide for the management of the Condominium by hiring or contracting with suitable and capable management and personnel for the day-to-day operation, maintenance, upkeep and repair of the general common and limited common elements. f. To levy assessments as allowed by the Declaration, these By-Laws and the State of Montana, and to provide for the collection, ex- penditure and accounting of said assessments. g. To pay for the expenses of the maintenance, repair and upkeep of the general common elements and the limited common elements, and to approve payment vouchers, either at regular or special meetings. h. To delegate authority to the Manager for the conduct of condominium business, to carry out the duties and powers of the Board, however, -3- s I such authority shall be precisely defined with ultimate authority at all time residing in the Board of Directors. i. To provide a means of hearing grievances and foreclosure proceedings of Unit Owners and to observe all due process requirements imposed upon owners associations for condominiums. j. To meet at regularly scheduled times and hold such meetings open to all Unit Owners or their agents. k. To prepare an annual budget for the condominium in order to determine the amount of the assessments payable by the Unit Owners to meet the gener- al common and limited common expenses and allocate and assess such charges among the Unit Owners according to their respective interests in the general common and limited common elements, and to submit such budget to the Unit Owners on or before the date of the annual meeting. 1. To levy and collect special assessments whenever, in the opinion of the Board it is necessary to do so in order to meet increased operating or maintenance expenses, costs, or additional capital expenses, or because of emergencies. M. To take appropriate legal action to collect any delinquent assess- ments, payments or amounts due from Unit Owners or from any person or persons owing money to the condominium, and to levy a penalty and to charge interest on unpaid amounts due and owing. n. To defend in the name of the Association any and all lawsuits wherein the Cohdominiuin is a party defendant. o. To enter into contracts with third parties to carry out the duties herein set forth, for and in behalf of the Board and the Association. R p. To establish a bank account for the Condominium, and to 'ceep therein all funds of the Association. Withdrawal of monies from such iaccounts shall only be by checks signed by such persons as are authorized by the Board of Directors. q. In general, to act for and carry on the administration and affairs of the Association as authorized and prescribed by the Declaration and to do all those things which are necessary and reasonable in order to carry out the governance and operation of the Condominium. r. To establish rules and regulations for conduct, behavior and use of the general common and limited common elements. i S. To make repairs, alterations and improvements to the general common and limited common elements consistent with managing the comdominiums in a first class manner and in the best interest of the Unit Owners. t. To arrange, keep, maintain and renew the insurance for the Associa- tion as set forth in the Declaration. U. To carry out the duties and responsibilities of the Board in all I o -4- :I � other matters as may be authorized, needed or required by the Declaration. V. To allow 1st lienholders to inspect Association and Board records. ' 9. Due Process: In the event there shall be default by a Unit Owner or violation of any of the provisions of the Declaration or By-Laws or non-compliance, notice of the same shall be sent to the Owner in writing by the Board of Directors setting forth the nature of the violation or non-compliance and providinc for a time certain when the Unit Owner may appear before the Board to respond. At such hearingthe Unit Owner shall be confronted b the person or y p perscns bringing the charges if they are individuals other than. the Board members, the Owner shall have an opportunity to cross-examine such individuals and present his own witnesses, exhibits or testimony in his own behalf. At such hearing if the Owner desires he may request an impartial hearing examiner to be present to conduct the proceedings. Following such hearing the Board shall enter its findings of fact following the recommendations of any examiner and setting forth their decision and any actions it deems appropriate if they find in fact that a violation or default has occured. i i 10. Vacancies and Removal: Should a vacancy occur on the Board of Directors, the Board, subject to the exception described below, shall appoint a member of the Association to serve for the unexpired term. Such vacancy shall be filled no later than the next regular Board meeting after which it occurs. Should such vacancy not be filled by the Board at the next regular meeting of the Association, the Association may fill such vacancy. At any regular or special meeting of the Association, any member of the Board may be removed by a majority of the aggregate interests in the Condo- minium. Such vacancy shall be filled by the Association. Such removal matter must be announced in the notice of such regular or special meeting. The personal delivery of such notice by the Secretary of the Association shall be considered notice served. 11. Compensation: No member of the Board of Directors shall receive any compensation for acting as such. Nothing herein, however, shall be construed to preclude compenstion being paid to Managers who are hired by -the Board of Directors. 12. Managers: I The Manager shall be appointed and/or removed by the Board of Directors. The Manager or any member of the Board or Association handling Association funds or having power to withdraw or spend such funds shall be bonced, and shall have maintained records of the financial affairs of the condcminium. Such records shall also detailall assessments made by the Association and the status of payments of said assessments by all Unit Owners. All records shall be available for examination during normal business hours to any Unit Owner or his assigned representative. All functions and duties herein provided for I -S- FILE 66P�,G44 ' the Manager may be performed by the Board, or the Chairman; if the Board ' should decide not to have a manager. ' a. Accounts: The receipts and expenditures of the .Association shall ' be under the direction of the Manager and be classified as appropriate ' into general common expenses and limited common expenses and shall ' include a provision for: 1. Current Expenses: Which shall include all receipts and ex- penditures to be made within the year for which the budget is made, including a reasonable allowance for contingencies and working funds, except expenditures chargeable to reserve ' or to betterments. The balance in this fund at the end of each year shall be applied to reduce the assessments for ' current expenses for the succeeding year. ' 2. Reserve for Deferred Maintenance: Which shall include funds t ' for maintenance items which occur less frequently than annually. ' 3. Reserve for Replacement: Which shall include funds for repair or repalcement required because of damage, depreciation or i obsolescence. 4. Betterments: Which shall include the funds to be -used for " capital expenditures for additional improvements or additional " personal property which shall be a part of the common elements. b. The Manager shall prepare and submit to the Board a budget, each calendar year, which must be approved then and adopted by the Board. The budget whall include the estimated funds required to defray the general common and limited common expenses and to provide and maintain funds for the foregoing accounts according to good account- ing practices. Copies of the budget and proposed assessments shall be transmitted to each member on or before December 4, preceeding the year for which the budget is made. If the budget is subsequently amended, a copy of the amended budget shall be furnished to each member. C. A financial report of the accounts of the Association shall be made annually by an accountant, and a copy of the report shall be furnish- ed to each member at the annual meeting. The Manager shall generally operate and manage the condominium for and on behalf of the Unit Owners and shall have such other powers and aut_lority as the Board may designate. If there is no Manager or if the Manager resigns, is i terminated or his contract expires, the Board shall perform all the duties of 1 the Manager. , 13. Amendment of By-Laws: These By-Laws may be amended at any regular or special meeting of the t Association providing that a copy of the proposed revision is included in the notice of such meeting. Upon a vote of over seventy-five percent (75%) -6- 1 , r t � , 6• O ( NO 66 p,GE 2245 ' of the aggregate interest in the condominium, the amendment shall be declared ' adopted. The Secretary shall as soon as practicable after adoption, prepare ' a copy of these By-Laws as amended for certification by the Chairman and ' Secretary of the Association. Such amended and certified By-Laws shall then ' be filed and recorded in the office of the Clerk and Recorder of Gallatin ' County, State of Montana. By-Laws as amended shall become effective at the time of such recording. 14. Assessments: ` In accordance with the percentage of interest in the general common ele- ments as set forth in the Declaration, each Unit Owner shall be assessed for ' general common expenses. Such assessments, and assessments for limited ' common expenses shall be collected and paid according to the terms and under ' the procedures more particularly set forth in the Declaration. The amount of ' assessments described above and any other assessments allowed by these By-Laws, ' the Declaration and by the State of Montana shall be fixed by the Board of ' Directors. Notice of each owner's assessments shall be mailed to said owner ' at his address of record. 15. Notice of Default to Lienholders: A first lienholder, upon request, will be entitled to written notifica- tion from the Owners Association of any default in the performance by the individual Unit borrower of any obligation under the condominium documents which is not cured within sixty (60) days. 16. Notices - Damages: r The Owners Association shall notify all first lienholders in writing of any loss to, or taking of, the common elements of the condominium if such loss or taking exceeds $10,000.00 or damage to an individual unit securing a mortgage held by the first lienholder exceeds $1,000.00. 17. Due Process by Association: In the event that an action taken by the Owners Association against any individual Unit Owner to enforce an assessment, or any part of the By-Laws or Declaration, or any rule or (regulation properly adopted by the Owners Association, said Unit Owner shall be afforded the protection of due process, which includes, but are not limited to the following: a. Adequate notice in writing of any default with a contingent right to cure the default. b. An opportunity to defend himself against any allegations of default. C. An opportunity to cross-examine witnesses. d. An opportunity to receive a formal hearing before an impartial forum of tribunal. e. To findings of fact by the formal tribunal in accordance with the evidence presented. f. To a penalty proportionate to the offense, such as suspension of -7- FILM 66PnE2246 voting rights and recreational use rights or a reasonable fine imposed by the Board of Directors of the Association. 18. The Declaration: ant-tMT=_L7C S. , have filed along with these By-Laws, a Declaration whereby the properties known as the do are submitted and subject to S70-23-101 et seq. MCA 1979. The Declara;- tion shall govern the acts, powers, duties and, responsibilities of the Associa- tion of Unit Owners and in the event these By-Laws and the Declaration are in conflict, the Declaration shall prevail. The definition of terms set- forth in the Declaration shall be applicable throughout these By-Laws and the interpretation thereof. By virtue of these By-Laws and the Declaration, each Unit Owner has the right to membership in the Association of Unit Owners and any Unit Owner may be on the Board of Directors of the Alpine Square Condominium. The Alpine Square Condominium Association of Unit Owners and its Board of l Directors shall have the primary and final authority on all mattes solely affecting the condominium area, subject to the laws, rules and regulations of the City of Bozeman, County of Gallatin, State of Montana. IN WITNESS WHEREOF, UE as the owners of record of all of the condominium units and one hundred percent (100%) of the voting interests of the said Alpine Square Condominium as of the date hereof, hereby appoints the following persons to serve on the Board of Directors until the first meeting of the Association to-wit: CHAIRMAN: i _�>W i k . ' 6k SECRETARY. eUer I'( kArder.SoN TREASURER P nm�T�'T z4-= iee�i�l eTir i�r and MICHAEL R. RODRIQUE and PATRICIA S. RODRIQUE hereby decl re and affirm the adoption of the foregoing By-Laws on the C%4L1 day of or :, 1981. BOARD OF DIRECTO S: OWNERS: -) IC R. RODRIQUE 'MICHAEL R. RODRIQUE PATRICIA S. RdDRIQUE PATRICIA S. RO IQUE i STATE OF MONTANA ) ss. COUNTY OF GALLATIN ) On the 0 p_J1 day of koy e fn k e - , 1981, before me, the undersigned, a Notary Public in and for the State of Montana, personally appeared MICHAEL R. RODRIQUE and PATRICIA S. RODRIQUE, known to me to be the persons whose names are subscribed to the within instrument and they -8- ! 4 F 4 acknowledged to me that they executed the same. FILM 66 PAGE 2247 IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Nota blic for the St6te 'of Montana Residing at Ac" e�y,� Montana My commission e fires r =cam; Art �r ves r �1 ��, `r �•>,� _9_ ! 0 I FILES PP,!3E CERTIFICATE I The undersigned being the duly authorized agent of the Department of Revenue of the State of Montana within- the Coto ty of Gallatin, herewith executes the following certificate relating to/the Alpine Square Condominium situated on Lots 13 and 14 of the LeClair Subdivision to the City of Bozeman, County of Gallatin, State of Montana, tolwit:/ 1. That the name the Alpine Squ re Condominium is not the same as, similar to or pronounced the. same as a word in the name of any other property or subdivision within Gallatin County except for the word "Condominium", and ` , 2. All taxes and assessments due �}nd payable for the said Alpine Square Condominium have bee- paid to date. Dated: / I I Ramon White County Assessor I . I I I •D I 3 3 i DECLARATION AND BY-LAWS FOR THE ALPINE SQUARE CONDO;INDEXED Sta a of Montana ss � 92455 Co y of Gallatin Filed November /19 , 19 81 a 3 : 15 / PM., and Recorded , book / 66 of MIS C&LANEOUS LANEOUS Page 2216 zuckW a. 13 woo /U inty Clerk & Recorder By Deputy Fee $ 70. 0A 0. 0 0 Rt : AmeAran Land Title FLOOR an , SITE PLANS IN FILE i j / d C L r BOZEMAN ZONING COMMISSION STAFF REPORT ITEM: Minor Planned Unit Development APPLICANT: Dwight McCarty DATE: March 6, 1984 REPORT BY: Mike Money, Interim Planning Director LO CA'T I'ON/DESCRIPTION The proposed Minor P.U.D. is to be located on Lot 6 of Block 3 of Vadheims Rearrangement of Block 3 of Thompsons 4th Addition to the City of Bozeman. It is more commonly located at the corner of South Black and Hoffman Drive. Please refer to the location map. SON STREET• 1 PLI i . ACCO�A NOTr1 a MOiFAAAN Ri i a � a � e 1 d W Q S The applicant i's requesting to construct a five-unit residential condominium complex on a corner lot approximately 16,065 square feet in size. The units are to access onto both. Hoffman Drive and Black Avenue. STAFF COMMENT The applicant has worked with this project for the past two months trying to develop a site plan for five units that will meet the requirements of the Zoning Code. Several factors should be taken into account during the development of a plan for such a project. First, it must be realized that the density requirements of the Zoning Ordinance are rather generous in that it allows 15 units per acre in the R-3, Medium Density Zoning District. When working with corner lots, one of the required front yard setback areas should be disregarded or subtracted from the total square footage of the lot prior to calculating the density. For example, in this case, if the front yard setback area along South Black was subtracted from the total size of the lot, the area used in calculating the density decrease from ' 16,065 square feet to approximately 12,862 square feet, which would suggest that 4.4 units would be the maximum number of units that should be constructed on this site. The off-street parking chapter of the Zoning Ordinance requires 2, parking spaces per residential unit. A five-unit complex must then provide 11 off- street parking stalls. The proposed project will meet that reouirement, but their location is questionable. Seven of the spaces will be within the garages, three will be along the northern property boundary, and one is to be located next to the garage of the southern-most unit. Section 18.54,110 of the Zoning Ordinance requires that the parking space be set back a minimum of five feet from any structure. Vehicular access to the garage of Unit "D" is marginal as well as western-most stall along the northern property boundary. Section 18.50.190 states that 75 percent of the required front yard area will be landscaped. Care should be taken with the drive areas as to not exceed the permitted amount of paving. The site plans do not address the following submittal requirements : 1. Location of sanitary sewer and water facilities 2. Paving detail 3. Landscaping protection devices 4. Garbage enclosure The Planning Staff has discussed these with the applicant, Mr. McCarty, and as a result, has gathered the needed information. However, it must be noted that the architect is aware of the submittal requirements. This report will serve as notice that the Planning Staff will not accept such incomplete ap- plications in the future. Other items that need to be noted on the site plans are sidewalks along South Black and Hoffman Drive, and the mail drop facilities. i STAFF FINDINGS The Planning Staff has reviewed the proposed Minor Planned Unit Development, and as a result of working with the applicant, has .found the submittal to be in general compliance with the Bozeman City Zoning Ordinance. The staff 2 I recommends that the application be approved contingent on the applicant satisfying the following conditions: 1. That the parking stall located next to the garage of Unit "E" not be located any closer than five feet from the structure. e(L , 2. That 75 percent of the required front yard area be landscaped. 0 That. a paving and curbing detail be included on the final site plans. 04 That the paving, access and drainage .plans be reviewed and approved in writing by the City Engineering Officer prior to final plat approval . uy--' 5. That the location of the water and sanitary sewer facilities be shown on the final site plan. ov-- 6. That the site plan incorporate landscape protection devices such as curbing, fencing, etc. o K-.,7. That each parking space be marked and assigned to an appropriate unit within the homeowner' s association documents. off- 8. That the plans for a garbage pick-up be -reviewed and receive written approval from the Street Superintendent prior to final site plan approval . Ok-- 9. That a solid fence or other kind of solid screening be provided to shield the parking stalls along the northern property boundary. 10, That the developer enter i.nto an improvements agreement with the City of Bozeman. The structure may- not be occupied until all bK- i.mprovements. have been completed and accepted by the City of Bozeman or -until the improvements are secured by a method of security equal to one- and one-half (1?) times the esti-mated cost of .their installation, 11, That three (3) copies of the final site plan containing all the conditions, corrections and modifications required by this approval be submitted for review and approval by the Planning Director within six (6) months of the date of this approval and prior to issuance of a building permit for the project. One (1) signed copy shall be retained by the Bui'ldi:ng Department, one (`1) signed copy shall be retained by the Planning Director, and one (1) signed copy shall be retained by the applicant. 3 i i The BROKERAGE FIRM, Inc. INVESTMENTS & REAL ESTATE Dennis L. Hardin,President February 13, 1984 Mike Money City of Bozeman Dear Mike: As agent for Doug Dupuis of North Dakota, I Hereby Grant to you Licence to proceed with review of a proposed P.U.D. for Lot 6 of Vadheims 4th, for Dwight McCarty. Your consideration is appreciated. I Sincerely, D.L. Hardin Agent in Fact DLH/jk CC: D.L. Hardin Doug Dupuis Dwight McCarty 220 West Lamme (406) 587-1211 P.O. Box 1914 Bozeman,Montana 59715 EARNES MONEY RECEIPT AND AGREEMENT TO SELL AND PURCHASE 1 Apprmd by:MONTANA ASSOCIATION OF REALTORS®.8D0 N NeH.MT 59801 AUTHORIZED FOR USE BY REALTORS®ONLY 2 This is a legally binding contract.If not understood seek c petent advice. T 3 This agreement is entered into�at Bozff.mn Montana,on the 26 day of J81A1RZy 19 4 b Receive(d from mpp It E. Iic au hereafter called"Purchaser" 5 the sum of ichdcash,note) 0M thousaM Dollars(S 1+ I paid to rm Brolcera a Film. Inc. L, �(Agency/Sales representative) 6 hereafter called"Agent",as earnest money in part payment for the purchase of the following described real property in the City of 7 County of Gallatin ,State of Montana,to wit: Lot- 6 Slk 3 of Vadheins arraneelc>= of Blk 3 of 8 Thimpsms 4th Addition. (legal description) g Commonly known at '11A (street address) 10 Together with all fixtures appurtenant to or benefitting the above described real property and attached buildings or structures except 11 Additional PERSONAL PROPERTY included in sale: 12 13 The TOTAL PURCHASE PRICE is Thirty fo1-1r thousand five hundred + SIDH s * (S�►R r),. i 14 to be paid by Purchaser as follows: Lash at cl(asfnZ 15 16 17 18 19 20 21 NOTE:Purchaser agrees that earnest money placed with agent is to be deposited in trust account within three business days of receipt of 22 said money by broker or salesman unless otherwise provided in the purchase contract. 23 The date of closing is on or before Man 1 ­19 814 AAP 111MI Ws beyond this date shall be allowed for completion of financing,if financing is called for herein, 24 which shall be the termination date unless otherwise agreed.The Purchaser and Seller,will deposit with T 'S Assist32102 the closing agent all instruments and monies necessary 25 to complete the purchase in accordance with this agreement.The Parties agree that earnest money may be used for an appraisal and credit report required!o secure financing.If financing is necessary 26 Purchaser agrees to make immediate application for and exert best efforts to procure such financing It Purchaser fails to use his best effort,he will be in breach of this agreement and all unexpended earnest 27 money paid to Agent will be forfeited to Seller as liquidated damages and not as penalty and thisagreement shall be terminated.If financing cannot be obtained,it isagreed that the unexpended earnest money 28 will be returned to Purchaser. 29 When required.the Seller agrees to pay a MORTGAGE DISCOUNT not to exceed tl/A °o of the Purchaser's proposed mortgage amount. 30 V.A.Purchaser. It is expressly agreed that,notwithstanding any other provisions of this contract,the purchaser shall not incur any penalty by forfeiture of earnest money or otherwise be obligated to 31 complete the purchase of the property described herein,if the contract purchase price or cost exceeds the reasonable value of the property established by the Veteran's Administration.The purchaser shall 32 however,have the privilege and option of proceeding with the consummation of this contract without regard to the amount of the reasonable value established by the Veteran's Administration." 33 F.H A.Purchaser In event funds for this transaction are to be derived from an F.H.A.insured loan."It is expressly agreed that.notwithstanding any other provisions of this contract.the purchaser shall 34 not be obligated to complete the purchaseof the property described herein or to incurany penalty by forfeiture of earnest money deposits or otherwise,unless the seller has delivered to thepurchaser a written 35 statement issued by the Federal Housing Commissioner setting forth the appraised value of the property for mortgage insurance purposes of not less than$ NIA which 36 statement the seller hereby agrees to deliver to the purchaser promptly after such appraised value statement is made available to the seller.The purchaser shall,however,have the privilege and option of 37 proceeding with the consummation of this contract without regard to the amount of the appraised valuation made by the Federal Housing Commissioner" 38 The Seller shall at his expense,furnish Purchaser an abstract of title to the above described property,certified to date,or title insurance policy as evidenced by title commitsn)) ni in an amount equal to 39 the purchase price,insuring title thereto vested in Purchaser,free and clear of all liens and encumbrances except Zoning ordinances,building and use restrictions,reservations jpfederal patents.beneficial 40 utility easements of record.and Usual dritran or-w1t231A s 41 42 It is agreed that the agent assumes no responsibility in regard to the title and further recommends that the Purchaser have the abstract of title or title insurance policy examined by an attorney 43 The real property is to be conveyed by warranty deed and the above described personal property by Bill of Sale.Both the real and the personal property shall be free 44 and clear of all encumbrances except those described in this agreement.If the Seller does not approve this sale within I day(s)of the date on line 3,or if the Seller's title is not 45 merchantable or insurable and cannot be made so within thirty(30)days after written notice is received by Seller indicating such,the unexpended earnest money shall be returned to the Purchaser on demand 46 and all rights of Purchaser terminated unless Purchaser in writing,waives said defects and elects to purchase 47 Time is of the essence of this agreement and of this clause.If any payment to be made hereunder or any other condition of this agreement is not timely made,then this Contract,at the optionof the party 48 who is not in default,may be terminated and the non-defaulting party may recover damages and reasonable attorney's fees to be awarded by the court in any action for a specific performance or otherwise. 49 In the event of default by the seller,and if the purchaser elects to treat the contract as terminated,then all payments made hereunder shall be returned to the purchaser.In theevent of default by the 50 purchaser,and if the seller elects to treat the contract as terminated.all payments shall be forfeited and retained on behalf of the seller as liquidated damages.In the event,however,that the non-defaulting 51 party elects to treat this contract as being in full force and effect,the non-defaulting party shall have the right to an action for specific performance and shall be entitled to recover damages,including a 52 reasonable attorney's fee to be awarded by the court. 53 If this sale is approved by Seller and Seller has performed his obligation under this agreement.and Purchaser tails to complete the purchase,then all unexpended earnest money shall be forfeiledtothe 54 Seller as liquidated damages and not as a penalty and this agreement shall terminate unless the Seller elects to enforce this agreement by specific performance. 55 All loss or damage to any of the above described real or personal property by any cause is assumed by Seller through the date of closing.Seller and PurcIa agree to prorate taxes for the current tax 56 year,as well as rents,interest and other matters as of the date of closing unless otherwise agreed.Premiums for existing insurance policies may also be proraor a new policy issued at the Purchaser's 57 option.Encumbrances to be discharged by the Seller shall be paid prior to closing oroutof purchase moneyat close by closing agent.POSSESSION shall Wdelivereddddddi9thePurchaseron date ofclosingunless 58 otherwise agreed.This agreement is binding upon the heirs,executors.administrators.successors and assigns of each of the parties hereto:however;Purchaser's Aights herein are not assignable without 59 Seller's written consent. 60 Purchaser agrees to accept property and appliances in 'as is"condition unless otherwise provided for. 61 SPECIAL PROVISIONS: including encumbrances,conditions of purchase and financing) 62 *RE; time 23, Sale is subject to city approval of a P.M.J.,f imncin.. If the forgoin, 63 Lg not compleated by March I 84 the seller Will t an additional 30 da to secure the 64 sage at which time $500.00 of the earnest y wit become non refundable, or will be 65 applied to the new sales price of $35,000 cash at closirZ. 66 Air 67 Addendum attached YES (NO) (circle one) .. ` 68 Purchaser enters into this agreement in full reliance upon his independent investigation and judgment.Prior verbal representations or agreements do not modify or affect this agreement By signing this 69 agreement I/We acknowledge that I/We have read and understand it. 70 AGENT The Brokerage Firm, Inc. BY—D.T.— Hardin (Selling Real Estate Firm) Sales Representative 71 I/We agree to purchase the above described real properly on the terms and conditions set forth in the above offer and grant to said sales representative__days to secure Seller's written 72 acceptance hereof.I/We hereby acknowled7ge receipt of a copy of this Receipt and Agreement to Sell and Purchase,bearing my/our signatures. 73 Purchaser's Address 811 N. 1•th five•fliozeman. 59715 Purchaser(s) 74 Phone 586-5508 75 I/We agree to sell and convey to Purchaser the above described real property on the termsand conditions hereinabove stated.In the event of forfeitu I the, arnest money deposit as above provided.the 76 said deposit shall be used first to pay the Agent's incurred expenses related to this sale and the balance shall be apportioned to the Seller and Agentequall�.proJOdiedtheamounttotheAgentshallnotexceed 77 the agreed commission I/We acknowledge receipt of this agreement bearing my/our signatures and that of the Pur er named above 78 Dated this= �_day of / 79 Seller's address: Seller(s) 80 Phone 81 Delivery to Purchaser of Copy of Accepted Offer Method of Delivery za,4L- 2 / (Hand deliv ry or registered mail.return receipt are recommended.) 82 Date ^� � 19�(— 83 The Purchaser acknowledges receipt of a copy of this agreem/ent bearing his signature and that of the Seller. 84 Purchaser(s) 85 (GREEN COPY)PURCHASERS COPY COMPETED CONTRACT DO NOT SIGN THIS AGREEMENT UNLESS COMPLETED IN FULL (WHITE ORIGINAL) COPY—FILE IN DEAL ENVELOPE (YELLOW COPY)SELLER'S COPY (WHITE COPY)PURCHASER'S COPY COMPLETED CONTRACT 113 (►III(COM PURCHASER'S RECEIPT—FOR EARNEST MONEY MONTANA ASSOCIATION OF REALTORS 0 1981 RE ALTOR' HAND DELIVERED 46 0 _q RECEIVIE BL 2 91984 February 29 „ 1984 r_;7y coUKTY PLANNIN BOZEMAN. ;e Dear Mike, Rather than come to see you personally, (which often leads to inefficient use of time) „ I 'Y'Vould like to cover the following points by letter. As I understand it , in ref to my PUD application. (Seven Pines) at S. Black and Hoffman , the only area that you are really having a hard time with is the parking space feet from the structure. I fully understand your concern that a vehicle which parks here may run into the building, I most certainly can design a curb.- like abuttment which would prevent this from happening. However,_ in regard to the five feet requirement in 18-.75-.040, Para 7: I don ' t think that the parking lot ' means the parking space in: my plan. My logic lies in the definition of ' parking lot' in 18 ..06.410 and ' parking space , off-street ' in 18..06.420. Also , the definition of' parkin.g lot' in 18 ,84.020, para 4 and ' parking spaces off street' in. 18..84..020,, para 5. In both definitions, a ' parking lot' implies an area --desFgn,,�id or used . for clients or customers; whereas, a ' parking space , off street' implies an. area with room, to get out ---- , with room, to maneuver, and with access---- , and p:ePasanently reserved or set aside------ Mylogic leads me to believe that the Board would grant the necessary set backs to obtain the five feet but also that this would be an unn.ecessary procedure in view of the definitions out- lined above. Please consider this in �qur in house review. Omce again ,, I understand this is our only major hang up and I will fulfill your other reiuiremnets I know that you would prefer four units on this lot instead of five. Please understand that .I am trying to meet the spirit of the PUD as outlined in 18..75.O10,Intent- Call if you have any questions. Thanks. Dwight 'McCarty BOZEMAN CITY COUNTY PLANNING BOARD E C E I V E D 411 EAST MAIN P.O.BOX 640,BOZEMAN,MONTANA,59715 PHONE:(406)5863321 1,4AR 121,9, 84 CITY COUNTY PLANNING MEMI0RANDUr; BOzE�MAR, -; -.),NA TO: Bozeman City Zoning Commission FROM: Mike Money, Interim Planning Director v"Z'-)tc . DATE: March 7, 1984 SUBJECT: McCarty Minor Planned Unit :Development Please find attached to this letter the site plans for the above requested P.U.D. The applicant is Dwight McCarty. The project is located on Lot 6 of Block 3 of the Vadiems Addition to the City of Bozeman. It is more commonly located just at the intersection of Hoffman Street and 'South Black. The Zoning Regulations require the plans to be sent to each of the City Zoning Commission members with a copy of the staff findings. The Zoning Commission members may request that the proposed Minor P.U.D. be reviewed as a public hearing. Please be advised that if a public hearing is to be requested, you must notify the. staff within three days of your receipt of this letter. Thank you for your cooperation in this matter. ly Attachment 3 BOZEMAN ZONING COMMISSION STAFF REPORT ITEM: Minor Planned Unit Development APPLICANT: Dwi.ght McCarty DATE: March 6, 1984 REPORT BY: Mike Money, Interim Planning Director LOCATION/DESCRIPTION The proposed Minor P.U.D. is to be located on Lot 6 of Block 3 of Vadheims Rearrangement of Block 3 of Thompsons 4th Addition to the City of Bozeman. It is more commonly located at the corner of South Black and Hoffman Drive. Please refer to the location map. SON STREET PLI o � T I 1 v A"C^,6A DRY r f zUSrST 'td� r r �7 > NOFFMAN Nr f w j c The applicant is- requesting to construct a five-unit residential condominium complex on a corner lot approximately 16,065 square feet in size. The units are to access onto both Hoffman Drive and Black Avenue. STAFF COMMENT The applicant has worked with this project for the past two months trying to develop a site plan for five units that will meet the requirements of . the Zoning Code. Several factors should be taken into account during the development of a plan for such a project. First, .it must be realized that the density requirements of the Zoning Ordinance are rather generous in that it allows 15 units per acre in the R-3, Medium Density Zoning District. When working with corner lots, one of the required front yard setback areas should be disregarded or subtracted from the total square footage of the lot prior to calculating the density. For example, in this case, if the front yard setback area along South Black was subtracted from the total size of the lot, the area used in calculating the density decrease from 16,065 square feet to approximately 12,862 square feet, which would suggest that 4.4 units would be the maximum number of units that should be constructed on this site. The off-street parking chapter of the Zoning Ordinance requires 2. parking spaces per residenti-al unit. A five-unit complex must then provide 11 off- street parking stalls. The proposed project will meet that requirement, but their location is questionable. Seven of the spaces will be within the garages, three will be along the northern property boundary, and one is to be located next to the garage of the southern-most unit. Section 18.54.110 of the Zoning Ordinance requires that the parking space be set back a minimum of five feet from any structure. Vehicular access to the garage of Unit "D" is marginal as well as western-most stall along the northern property boundary. Section 18.50.190 states that 75 percent of the required front yard area will be landscaped. Care should be taken with the drive areas as to not exceed the permitted amount of paving. The site plans do not address the following submittal requirements: 1. . Location of sanitary sewer and water facilities 2. Paving detail 3. Landscaping protection devices 4. Garbage enclosure The Planning Staff has discussed these with the applicant, Mr. McCarty, and as a result, has gathered the needed information. However, it must be noted that the architect is aware of the submittal requirements. This report will serve as notice that the Planning Staff will not accept such incomplete ap- plications in the future. Other items that need to be noted on the site plans are sidewalks along South Black and Hoffman Drive, and the mail drop facilities. �. STAFF FINDINGS The Planning Staff has reviewed the proposed Minor Planned Unit Development, and as a result of working with the applicant, has found the submittal to be i-n general compliance with the Bozeman City Zoning Ordinance. The staff 2 recommends that the application be approVed. contingent on the applicant satisfying the following conditions: 1. That the parking stall located next to the garage of Unit "E" not be located any closer than five feet from the structure. 2. That 75 percent of the required front yard area be landscaped. 3. That a paving and curbing detail be included on the final site plans. 4. That the paving, access and drainage plans be reviewed and approved in writing by the City Engineering Officer prior to final plat approval . 5. That the location of the water and sanitary sewer facilities be shown on the final site plan. 6. That the site plan incorporate landscape protection devices such as curbing, fencing, etc. 7. That each parking space be marked and assigned to an appropriate unit within the homeowner's association documents. 8. That the plans for a garbage pick-up be reviewed and- receive written approval from the Street Superintendent prior to final site plan approval . 9. That a solid fence or other kind of solid screening be provided to shield the parking stalls alona the northern .property boundary. 10, That the developer enter into an improvements agreement with the City of Bozeman, The structure may not be occupied until all improvements have been completed and accepted by the City of Bozeman or until the improvements are secured by a method of security equal to one- and one-half (1z) times the esti-mated cost of their installation, 11, That three (3) copies of the final site plan containing all the conditions, corrections and modifications required by this approval be submitted for review and approval by the Planning Director within six (6) months of the date of this approval and prior to issuance of a building permit for the project. One (1) signed copy shall be retained by the Building Department, one (1) signed copy shall be retained by the Planning Director, and one (1) signed copy shall be retained by the applicant. 3 P � BOZEMAM CITY COUNTY PLANNING BOARD BOZEMAN 411 EAST MAIN CITY-••COUNTY P.O.BOX 640,BOZEMAN,MONTANA,59715 PLANNING PHONE:(406)5863321 MEMORANDUM TO: Bozeman City. Zoning Commission FROM: Mike Money, Interim Planning Director DATE: March '7, 1984 SUBJECT: McCarty Minor Planned UnitlDevelopment Please find attached to this letter the site plans for the above requested P.U.D. The applicant is Dwight McCarty. The project is located on Lot 6 of Block 3 of the 'Vadiems Addition to the City of Bozeman. It is more commonly located just at the intersection of Hoffman Street and South Black. The Zoning Regulations require the plans to be sent to each of the - C ty Zoni°ng Commission members with a copy of the staff findings. The Zoning Commission members may request that the proposed Minor P.U.D. be reviewed as a public hearing. Please be advised that if a public hearing is to be requested, you must notify the staff within three days of your receipt of this letter. Thank you for your cooperation in this matter. lv Attachment i I BOZEMAN CITY-COUNTY PLANNING BOARD AGENDA - MARCH 8 , 1984 7: 00 PM IN THE BOZEMAN PUBLIC LIBRARY f 1 . ATTENDANCE 2. MINUTES OF 'JANUARY 12 , 1984 3 . PRELIMINARY PLAT APPLICATION FOR SAPPHIRE SUBDIVISION Applicant: Gene Cook 4 . PRELIMINARY PLAT APPLICATION OF THE WESTFIELD SUBDIVISION Applicant: Clair Daines 5. MASTER PLAN AMENDMENT REQUEST Applicants : Norm Wallen and Stephanie Volz 6. CHAIRMAN 'S REPORT 7. DIRECTOR' S REPORT a . Extension of West Lincoln b.. Historic Preservation Officer C. Low Density Zoning along Stream Courses in the City d . Contribute $5 Each for the Coffee Fund 8 . ADJOURNMENT y arl1JEX,A.'f�CtN S"ND ► I.C�M'1V1�'R"E-E _ {fit iw co) So`�� �ri+u-- LC BOZEMAN CITY COUNTY PLANNING BOAR® 411 EAST MAIN P.O.BOX 640,BOZEMAN,MONTANA,59715 PHONE:(406)586-3321 MEMORANDUMi TO: Bozeman City Zoning Commission FROM: Mike Money, Interim Planning Director DATE: March 7, 1984 SUBJECT: McCarty Minor Planned Unit Development Please find attached to this letter the site plans. for the above requested P.U.D. The applicant is Dwight McCarty. The project is located on Lot 6 of Block 3 of the Vadiems Addition to the City of Bozeman. It is more commonly located just at the intersection of Hoffman Street and South Black. The Zoning Regulations require the plans to be sent to each of the City Zoning Commission members• with a copy of the staff findings. The Zoning Commission members may request that the proposed Minor P.U.D. be reviewed as a public hearing. Please be advised that if a public hearing is to be requested, you must notify the staff within three days of your receipt of this letter. Thank you for your cooperation in this matter. lv Attachment i i • BOZEMAN ZONING COMMISSION STAFF REPORT ITEM: Minor Planned Unit Development APPLICANT: Dwi.ght McCarty DATE: March 6, 1984 REPORT BY: Mike Money, Interim Planning Director LOCATION/DESCRIPTION The proposed Minor P.U.D. is to be located on Lot 6 of Block 3 of Vadheims Rearrangement of Block 3 of Thompsons 4th Addition to the City of Bozeman. It is more commonly located at the corner of South Black and Hoffman Drive. Please refer to the location map. SON STREET PLI i J/ T • C pq 1 y 1 t�zl;�rST '�3 r s1 NOiiMAN rRE 1 f N 1 i� Q The applicant is requesting to construct a five-unit residential condominium complex on a corner lot approximately 16,065 square feet in size. The units are to access onto both Hoffr:1-n Drive and Black Avenue. v STAFF COMMENT The applicant has worked with this project for the. pa.st two months trying to develop a site plan for five units that will .meet the requirements of . the Zoning Code. Several factors should be taken into account during the development of a plan for such a project. First, it must be realized that the density requirements of the Zoning Ordinance are rather generous in that it allows 15 units per acre in the R-3, Medium Density Zoning District. When working with corner lots, one of the required front yard setback areas should be disregarded or subtracted from A he total square footage of the lot prior to calculating the density. For example, in this case, if the front yard setback area along South Black was subtracted from the total size of the lot, the area used in calculating the density decrease from ,,, 16,065 square feet to approximately 12,862 square feet, which would suggest that 4.4 units would be the maximum number of units that should be constructed on this site. The off-street parking chapter of the Zoning Ordinance requires 24 parking spaces per residential unit. A five-unit complex must then provide 11 off- street parking stalls. The proposed project will meet that requirement, but their location is questionable. Seven of the spaces will be within the garages, three will be along the northern property boundary, and one is to be located next to the garage of the southern-most unit. Section 18.54.110 of the Zoning Ordinance requires that the parking space be set back a minimum of five feet from any structure. Vehicular access to the garage of Unit "D" is marginal as well as western-most stall along the northern property boundary. Section 18.50.190 states that 75 percent of the required front yard area will be landscaped. Care should be taken with the drive areas as to not exceed the permitted amount of paving. The site plans do not address the following submittal requirements: 1. . Location of sanitary sewer and water facilities 2. Paving detail 3. Landscaping protection devices 4. Garbage enclosure The Planning Staff has discussed these with the applicant, Mr. McCarty, and as a result, has gathered the needed information. However, it must be noted that the architect is aware of the submittal requirements. This report will serve as notice that the Planning Staff will not accept such incomplete ap- plications in the future. Other items that need to be noted on the site plans are sidewalks along South Black and Hoffman Drive, . and the mail drop facilities. STAFF FINDINGS The Planning Staff has reviewed the proposed Minor Planned Unit Development, and as a result of working with the applicant, has found the submittal to be i-n general compliance with the Bozeman City Zoning Ordinance. The staff 2 recommends that the application be approved contingent on the applicant satisfying the following conditions: 1. That the parking stall located next to the garage of Unit. "E" not be located any closer than five feet from' the structure. 2. That 75 percent of the required front yard area be landscaped. 3. That a .paving and curbing detail be included on the final site plans. 4. That the paving, access and drainage plans be reviewed and approved in writing by the City Engineering Officer prior to final plat approval . 5. That the location of the water and sanitary sewer facilities be shown on the final site plan. 6. That the site plan incorporate landscape protection devices such as curbing, ,fencing, etc. 7. That each parking space be marked and assigned to an appropriate unit within, the homeowner's association documents. 8. That the plans for a garbage pick-up be reviewed and receive written approval from the Street Superintendent prior to final site plan approval : 9. That a solid fence or other kind of solid screening be provided to shield the parking stalls alona the northern property boundary. 10, That the developer enter into an improvements agreement with the City of Bozeman, The structure may not be occupied until all improvements have been completed and accepted by the City of Bozeman or until the improvements are secured by a method of security equal to one- and one-half (.12) times the estimated cost of their installation, 11, That three (3) copies of the final site plan containing all the conditions, corrections and modifications required by this approval . be submitted for review and approval by the Planning Director within si-x (6) months of the date of this approval and prior to issuance of a building permit for the project. 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