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HomeMy WebLinkAboutFinal Condominium Declaration and By-Laws for Intermodal Commerce Condominiums,Bozeman City Clerk P.O, Box 1230 .Bozeman, MT 59771-1230 2316526 Page: 1 of 51 12/04/2008 12:27:44 PM Fee Charlotte Mills -Gallatin County, MT I IIIIIII IIIIII III VIII IIII IIIIIII IIIIII IIII IIII VIII IIIIIII III VIII VIII IIII IIII t~fi~° FINAL CONDOMINIUM DECLARATION AND BY-LAW S FOR $377.00 MISC INTERMODAL COMMERCE CONDOMINIUMS CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY bEVELOPMENl Alfred M. Stiff Professional Building phone 406-582-2260 ~`;,, 20 East Olive Street fax 406-582-2263 "' P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net I?ate: October 6, 2008 To Whom It May Concern: Senate Bill 527 amending §76-3-203, M.C.A. was signed into law on April 17, 2007. This bill revised the exemption for the creation of new condominiums from the Subdivision and Platting Act. The amendment had an immediate effective date. The text of the amended section is now as follows: Section 1. Section 76-3-203, M.C.A., is amended to read: "76-3-203. Exemption for certain condominiums. Condominiums constructed on land subdivided in compliance ~.vith parts ~ and 6 of this chapter or on lots within incorporated cities and towns are exempt from the provisions of this chapter if: (1) the approval of the original subdivision of land expressly contemplated the construction of the condominiums and any applicable park dedication requirements in 76-3-621 are complied with; or (2) the condominium proposal is in conformance with applicable local zoning regulations when local zoning regulations are in effect." Purs1aant to the above statute, the Department of Planning and Community Development has determined that the condominium development on property legally described as Parcel C, COS C-1-F; North '/Z of Block F, Original Plat of Bozeman. does not require subdivision review and has satisfied the exemption criteria. Q has completed review as a subdivision. If you have any questions or comments, please contact the City of Bozeman Planning Office at 582- 2260. Thank you for your cooperation. .Andrew C. Epple, AICP Director of Planning and Commu ity Development planning • zoning subdivision review annexation hisioric preservation housing grant administration neighborhood coordination INDEX Certificate of Name Certificate of Floor Plan ..................................................................................................................... PRELIMINARY DECLARATION FOR INTERMODAL COMMERCE CONDOMINIUMS .........................................................................................................................1 Definitions ............................................................................................................................1 Real Estate ......................................................................................................................... ..4 Easements, Common Elements--Interior Remodeling ...................................................... ..8 Ownership and Voting--Exhibits -- Use ............................................................................ ..9 Bylaws of The Association ................................................................................................ 13 Declarant's Rights to Change ................................................................,............................ 15 Amendment ........................................................................................................................ 16 Changes, Repairs and Liens ............................................................................................... 1 d Insurance ................................................................................. ........ ................................... 18 Removal ofPartition--Subdivision .................................................................................... 22 Remedies ................................ . .............................................................._............................. 22 Severability ....................................................................................... ...... ........................... 22 Interpretation ...................................................................................................................... 2 3 Miscellaneous .................................................................................................................... 23 CERTIFICATE OF NAME The undersigned being the duly authorized agent of the Department of Revenue of the State of Montana within the County of Gallatin, herewith executes the following certificate relating to INTERMODAL COMMERCE CONDOMINIUMS situated as follows: COS C-1-F (Lots 13-24, Block F Original Plat of Bozeman) in the City of Bozeman, Montana as described in RFP enlarged retail plans provided in RFP deadline date of July 13, 2007 and as preliminarily described on Exhibit (the "Real Property"). 1. That the name "INTERMODAL COMMERCE CONDOMINIUMS" 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; and 2. All taxes and assessments due and payable for the said INTERMODAL COMMERCE CONDOMINIUMS have been paid to date. Dated: ~b/~a1 ~ Q~~ ~~'~ County Assessor CERTIFICATE OF FLOOR PLAN - The undersigned, being a duly registered professional Architect in the State of Montana, herewith certifies the following: That the floor plans for INTERMODAL COMMERCE CONDOMINIUMS situated according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, as duly filed with the Declaration and Bylaws thereof, fully and accurately depict the layout, location, unit designation and dimensions to be built of the INTERMODAL COMMERCE CONDOMINIUMS and that such floor plans are an accurate copy of the plans filed with and approved by the officials and officers of the State of Montana having jurisdiction to issue building permits. Dated: ~~ ~G~ ~~ --T ,;'' 1 < < egistered Architec Number:9 ~q ~~ ~ Gi'CVL1.S"f11~ "~- SIDIti I. tom-{ ~~ }-~/1nI i~.~ S i u~ ~`~' ' A ,~ der `,U"~ t`~r-r,7~~ -Ay ~ • ` ~ ~ r l.J ~. FINAL DECLARATION FOR INTERMODAL COMMERCE CONDOMINIUMS THIS FINAL DECLARATION is hereby made and entered into this ~~ ~ day of /Voyey e ~ , 2008, by CITY OF BOZEMAN of P.O. Box 1230, 411 E. Main, Bozeman, Montana 59771-1230, hereinafter referred to as the "Declarant" whereby lands and property hereinafter described are submitted to the provisions of Chapter 23, Title 70, MCA, also known as the "Unit Ownership Act" as a condominium. The property subject to this Final Declaration shall be known and referred to herein as INTERMODAL COMMERCE CONDOMINIUMS. The physical address of INTERMODAL COMMERCE CONDOMINIUMS is 26 East Mendenhall Street, Bozeman, Montana 59715 and the mailing address is P.O. Box / z 3 ~ ,Bozeman, MT 597 ~/. I. Definitions Unless the context expressly provides otherwise, the following definitions shall pertain throughout this Final Declaration and in the interpretation thereof: Any change to a definition shall require 100% approval of all Unit Owners. 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 Intermodal Commerce Association of Unit Owners shall mean all of the Intermodal Commerce Unit Owners acting as a group and in accordance with duly adopted Bylaws and this Declaration. The Intermodal Commerce Association shall be incorporated as anon-profit Montana Corporation. Board or Board of Directors shall mean the Board of Directors of the Association as more particularly defined in the Bylaws. 4. Boundary Wall shall mean and consist of that wall which encloses a Unit of the condominium as shown and set forth on the floor plan on file and of record for INTERMODAL COMMERCE CONDOMINIUMS and shall be subject to the terms and conditions set forth hereafter. Building shall mean multiple unit building or buildings comprising a part of the property. 6. Bylaws shall mean the Bylaws promulgated by the Association under this Declaration and the Unit Ownership Act. 7. Common Elements shall mean both general common elements and limited common elements. a. General Common Elements include all those elements which are for the use of all Unit Owners, business invitees, and guests of Unit Owners of INTERMODAL COMMERCE CONDOMINIUMS. Specifically included are: (i} grounds surrounding the building, (except those grounds appurtenant to or directly in front of Retail Unit, which shall be limited common elements and further described on Exhibit D), driveways, the land on which the buildings are located, paths, sidewalks and walkways, any portion of the parking areas not specifically allocated to a particular Unit, (but not including the parking areas within the Parking Garage Unit), any irrigation system placed on the property for landscape maintenance of trees and vegetation, any portions of the buildings designated on the floor plans as common to all Units, 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 the buildings containing the Units, and other elements necessary for the safety, maintenance and existence of INTERMODAL COMMERCE CONDOMINIUMS in which each Unit Owner shall have the designated percentage of interest, as set forth in paragraph IV below. The general common elements are further described in Exhibit C. 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 owners, business invitees, and guests of Unit Owners of INTERMODAL COMMERCE CONDOMINIUMS to the exclusion of other such owners, business invitees, and guests. As to any given Unit Owner or Owners, limited common elements shall mean the common elements which are located within or affixed to the building containing the Unit, and which are for the use of the Unit Owners, business invitees, and guests of that Unit in which the elements are located or situated on the real property known as INTERMODAL COMMERCE CONDOMINIUMS. Specifically included are: (i) Fire service lines, flues, chimneys, ducts, cables, conduits, public utility lines, water, sewer, electrical, gas, cable television lines, hot and cold water pipes (all such utility pipes and lines are limited common elements where they service only one or two Units or sub Unit; where they service all Units, they shall be general common elements), stairways, balconies, entrances, stoops, furnaces, patios, decks, designated parking spaces, boilers, hot water tanks 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 Unit's interest in the limited common elements shall be computed by determining the number of Units that have use of the limited common elements and dividing that number into the total percentage based on the ratio of the square foot of each Unitas set forth herein as to the total square footage of the building. of those limited common elements. These limited common elements are further described on Exhibit D. (ii) are as located directly in front of or appurtenant to the Retail Unit and strip of area directly behind the Parking Garage all as further described on Exhibit D. {iii) the roof of the Parking Garage Unit shall be a limited common area for the Parking Garage Unit only. The roof of the retail unit shall be a limited common element of the Retail Unit only except for Retail Unit R4A and R4B, and second floor office space (D-1) shall be a limited common element for those Units only. 8. Common Expenses shall mean expenses of administration, maintenance, repair or replacement of general common elements, expenses agreed upon as common by the Association of all Unit Owners, and expenses declared common by the Unit Ownership Act. 9. Condominium Unit shall mean the separate condominium Units of INTERMODAL COMMERCE CONDOMINIUMS taken together with the appurtenant common elements and limited common elements and shall differ from the definition of "Unit" as set forth below under item 15. 10. Declaration shall mean this document and all parts attached thereto or incorporated by reference. 1 I. Limited Expenses shall mean the expenses attributable to the maintenance, repair and replacement of limited common elements, and are expenses only for owners of Units within the respective building for which the expenses are accrued. 12. Manager shall mean the manager, the Board of Directors, management corporation, or any other person or group of persons retained or appointed by the Association of Unit Owners for the purpose of conducting the day-to-day operations of INTERMODAL COMMERCE CONDOMINIUMS. 13. PropertX shall mean the land, buildings, improvements, and structures thereon, and all easements, rights, and appurtenances belonging thereto, which are herewith submitted to the provisions of the Unit Ownership Act. 14. Recording Officer shall mean the county officer charged with the duty of filing and recording deeds, mortgages and all other instruments or documents relating to this Declaration and the property which is its subject. 15. Unit The condominium consists of one (1) building, containing two (2} Units. For convenience only, the two Units shall be individually referred to as the "Retail Unit" and the "Parking Garage Unit," but these names shall in no way limit their use. The term Unit shall mean the separate condominium Units of INTERMODAL COMMERCE CONDOMINIUMS which are the Retail Unit and the Parking Garage Unit and is a parcel of real property including and containing one or more rooms occupying one or more floors or a part or parts thereof, intended for any type of independent use, and with one or more direct exits to a public street or highway or to a common area or areas leading to a public street or highway or, reference to a Unit herein shall be exclusive of the appurtenant common elements or limited common elements. The Units are shown on Exhibit B. Each Unit may contain condominium units of additional condominium regimes. These additional condominium regime Units shall be referred to as "sub-units" and these sub-units shall not be considered Units in INTERMODAL COMMERCE CONDOMINIUMS, but rather shall be a part or portion of a INTERMODAL COMMERCE CONDOMINIUMS Unit. I6. Unit Desi nation shall mean the combination of letters, numbers, or words which identifies the designated Units. 17. Unit Owner shall mean the person or persons owning a fee simple absolute, or one who i.s a co-owner in any real estate tenancy relationship that is recognized under the laws of the State of Montana, in one or more Units of INTERMODAL COMMERCE CONDOMINIUMS. 18. Value of Ownership Interest in General Common Elements shall be based upon the construction costs to each unit divided by the total cost of construction of all the units. Based on this formula, the value of the Retail Unit's ownership interest in the General Common Elements is 12.5 percent and the value of the Parking Garage Unit's ownership interest in the General Common Elements is 87.5 percent. 19. Votin .Interest shall mean the vote of the Unit Owners based on their respective percentile interest of ownership of the common elements as set forth in Section IV unless otherwise set forth herein. II. Real Estate Description All owners and purchasers, their heirs, successors and assigns agree and consent that this is a Final Declaration. Once all units are fully completed, this document will be amended and finalized in order to meet with all the requirements of the Montana Ownership Act. In this regard, all owners, purchasers, their heirs, successors and assigns of any unit or interest in and to the condominiums created hereunder, agree to and do hereby appoint the Declarant or Declarant's successor, assign or designee as having a power of attorney to effectuate any amendments that may need to be made in order to finalize this Declaration. The property which is by this Final Declaration submitted and subject to the Montana Unit Ownership Act is described in Exhibit "A" attached hereto. The condominium consists of one (1) building, containing two (2) Units. For convenience only, the two Units shall be individually referred to as the "Retail Unit" and the "Parking Garage Unit," but these names shall in no way limit their use. 4 The provisions of this Declaration and the Bylaws shall be construed to be covenants running with the land, and shall include every Unit and shall be binding upon the Unit Owners, their heirs, successors, personal representatives and assigns for as long as this Declaration and Bylaws for INTERMODAL COMMERCE CONDOMINIUMS are in effect. All owners and purchasers, their heirs, successors and assigns agree and consent that the specific Units described above may be subject to future and additional condominium regimes as created by the owners of such Units, their successors or assigns. In this regard, all owners, purchasers, their heirs, successors and assigns of any Unit or interest in and to the condominiums created hereunder agree to and do hereby appoint said owners of such Units or that owner's successor, assign or designee as having a power of attorney to effectuate the creation of such future additional condominium regimes. All owners and purchasers, their heirs, successors and assigns further acknowledge that while initially there has been constructed one building containing a total of two units that the initial percentages set forth herein are based upon, that the Unit owners shall have the rights to expand their Unit, or any portion thereof as follows: Units may expand up additional levels so long as the structural integrity, function and purpose of the Unit is not compromised. Unit Owners who elect to expand shall be required to pay all costs necessary to upgrade the building so that the entire building is in compliance with all building codes including, without limitation, any costs necessary to upgrade sprinkler or ventilation systems. In the event a Unit Owner desires to add or expand a Unit to additional levels or stories, they shall be required to comply with all land use laws and regulations and obtain all necessary governmental reviews and approvals prior to proceeding a Unit Owner who wishes to expand shall give the other Unit Owner the opportunity to review and approve the planned expansion to ensure no adverse affects on function, purpose or integrity of the other Unit. The .review shall be limited solely to ensuring no adverse affects. Such an expansion of the Unit shall change the respective percentage of ownership of common elements accordingly since the square footage of the expanded Unit will increase. Any such subsequent expansion will be encumbered with the terms, conditions, restrictions and provisions contained and set forth in this Declaration and these Bylaws. This provision is made with the understanding as referenced herein that any expansion shall cause a modif cation in the future and dilution in the future of the percentage of membership interest of the other Unit and the appropriate amendment to this Declaration and Bylaws setting forth the floor plans and square footages and new percentages for all of the existing units is filed of record in the Gallatin County Clerk and Recorder's Office. While the Retail Unit is one of the two Units comprising the Intermodal Commerce Condominium, the Retail Unit itself is made up of several "sub units", which will be submitted to their own additional condominium regime within the Retail Unit. A sub unit located within the Retail Unit may further subdivide its sub unit so long as each resulting sub unit contains a minimum of 500 square feet. Any such subsequent sub unit created by the division will be encumbered with the terms, conditions, restrictions and provisions contained and set forth in this Declaration and these Bylaws and shall for. all intent and purposes hereunder be considered a part of the Retail Unit. Declaration and Bylaws for any additional Declarations shall not conflict with this Declaration. In event of a conflict, this document shall govern. 5 All owners and purchasers, their heirs, successors and assigns agree and consent that the Units may be further divided into sub units asset forth above by the owners of such units, their successors or assigns. In this regard, all owners, purchasers, their heirs, successors and assigns of any Unit or interest in and to the condominiums created hereunder agree to and do hereby appoint said owners of such units or that owner's successor, assign or designee as having a power of attorney to effectuate the division of such unit in so far as maybe required to amend this Declaration and agree to the amendment of this declaration as may be needed. to reflect changes in the site plan and floor plans of the Retail Unit. In no way shall the power of attorney given herein be construed to be consent by the City of Bozeman or its Conunissioners of approval of anything other than the City's consent as a Unit Owner only to an Amendment to this Declaration reflecting changes in site plans, floor plans and percentage of ownership in common elements. All owners and purchasers, their heirs, successors and assigns agree and consent that the Units described above may be expanded into the air space above it as set forth above by the owners of the Unit, their successors or assigns. In this regard, all owners, purchasers, their heirs, successors and assigns of any Unit or interest in and to the Condominium created hereunder agree to and do hereby appoint said owners of such Unit or that owner's successor, assign or designee as having a power of attorney to effectuate the expansion of such Unit. Any construction necessary far the expansion or subdivision of a Unit shall not unreasonably disrupt other Unit Owner's possession or enjoyment. Any change made to the right and ability of a Unit Owner to expand or subdivide their Unitas set forth above must receive 100% approval vote from all the Unit Owners. Condominium Units Each Unit, together with the appurtenant undivided interest in the general common elements of INTERNIODAL COMMERCE CONDOMINIUMS shall together comprise one condominium Unit, and may be conveyed, leased, rented, devised or encumbered as an undivided condominium Unit. 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 the same, so long as it stands, shall and does exist. If any portion of 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, 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 the purpose of marketability of title. Parking Areas The Parking Garage Unit of the INTERMODAL COMMERCE CONDOMINIUMS is for a public parking garage and its associated uses. As such, this area will be used for parking and the rules and regulations regarding the parking in this Unit shall be set forth by that Unit Owner. The Retail Unit has 28 "cash-in-lieu" parking spots that may be used to fulfill parking requirements. These cash-in-lieu parking spaces shall be held by the Association and divided out to each Unit proportionate to each unit's square footage. Any change, regardless of type, involving these 2$ spaces shall require 100% of the Unit Owners vote. Retail Unit Owners are hereby put on notice that no parking spaces within the Parking Garage are specifically reserved for use by the Retail Units. Retail Units may use the Parking Garage as members of the general public and will be assessed the same fees for parking as the general public. Retail Unit owners are hereby put on notice that the cash-in-lieu parking spaces are subject to sales restrictions requiring that the parking spaces may not be sold and shall remain at all times the property of the Retail Unit's Owners Association. Strip of Land Adiacent to Allev The general common elements include all land to the rear property line to the south of the building as shown on Exhibit ~6.~Use of the land to the property line shall include but not be limited to garbage receptacles and garbage disposal. Unit Boundaries Any change to the unit boundaries will require 100% approval of the Units.. 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 parametrical boundaries: (1) Upper Boundary: the plane formed by the steel roof decking or the center line of the concrete rooflfloor system. (2) Lower Boundary: the plane formed by the center line of the concrete floor system. b. parametrical Boundaries: the parametrical boundaries of the Unit shall be the following boundaries extended to an intersection with the upper and lower boundaries: 1. Exterior Building Walls: the plane formed by the outermost surface or face of the exterior walls of the buildings and includes within it all windows in the Unit, and exterior wall finishes. 2. Interior Building Walls: the vertical planes of the center line of the walls bounding a Unit extended to an intersection with other parametrical boundaries. Where walls between Units are of varying thicknesses, the plane of the center line of a boundary wall shall be the median line drawn between the t~vo outermost boundaries of such wall. 3. Notwithstanding any other provision in here to the contrary, it is expressly understood that the individual units described and created by this Declaration maybe further divided one or more times, so long as the proper and appropriate amendment to this Condominium Declaration is filed. III. Easements Common Elements--Interior Remodeling Common Element Easements A nonexclusive right of ingress, egress, and support through the limited common elements within the buildings is appurtenant to each Unit, and all of the general common elements are subject to such rights. Easement for Utilities Each Unit may have its air space penetrated by electrical wires and lines, gas lines, mechanical equipment including air handling ducts, hot and cold water lines, waste water lines, and vents and other utility and mechanical lines, pipes or equipment. Anon-exclusive easement shall exist through, over and across each Unit for inspection, installation, maintenance, replacement and repair of such utility lines and mechanical equipment for the use of all of the Unit Owners or the Unit Owners being serviced by the air space being penetrated by such lines and/or equipment to a minimum, ingress and egress for the purpose of such inspection, installation, maintenance, replacement or repair of such easement rights shall only be done under the direction and approval and with the authority of the Owners Association andlor the Manager unless any emergency exists in which event any action may reasonably be taken which is justified under the circumstances to minimize danlage which would otherwise occur as a consequence of such emergency. Parking Easement The public at large, including but not limited to Owners and occupants of all Units and their invitees or licensees shall have a perpetual and non-exclusive easement over and through the Parking Garage Unit for purposes of ingress, egress bus transfer station, waiting passengers for bus station, parking attendant, city office and parking only. 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, ceilings, floors, ~~indows and doors bounding his o~vn Unit, and the interior thereof so long as such Unit Owner does not affect the structural integrity of the building in which his Unit is located. Fire ratings of any partition shall not be jeopardized or compromised by a remodel. Unit Owners are responsible for ensuring their Unit is in full compliance with all applicable codes for their intended use, which shall include but not be limited to fire codes. a IV. Ownershi and Votin --Exhibits--Use Percentage of Interest for Voting Purposes Each Unit Owner shall be entitled to the exclusive ownership, use and possession of his Unit. Additionally, each Unit Owner shall have a percentage of undivided interest in the general common elements of INTERMODAL COMMERCE CONDOMINIUMS. Such percentage represents his ownership interest in the general common elements, his liability for common expenses, and this Declaration. The percentage of interest in the general common elements for the respective Unit Owners shall be computed by taking the square footage of the ground level of each Unitas set forth on the floor plans attached hereto as of the date of filing this Declaration and dividing it by the total square footage of all of the ground Units having an interest in the general common elements of INTERMODAL COMMERCE CONDOMINIUMS. Such percentage of interest owned by each of the initial Units in INTERMODAL COMMERCE CONDOMINIUMS shall be according to the percentages set forth below. UNIT SQUARE FOOTAGE PERCENTAGE OF INTEREST DESCRIPTION IN GENERAL COMMON ELEMENTS (address) 126,006 92.$% Parking Garage Unit (address) 9,775 7.2% Retail Unit TOTAL 135,781 100.00% Notwithstanding any provision in this Declaration to the contrary, it is expressly acknowledged that any Unit created by this Declaration may be :further expanded into the air space above it, as set forth herein, and that such an expansion shall increase its percentage interest as calculated herein and that such expansion shall decrease or increase a Unit's interest as calculated herein and that such new percentage interests shall be automatically required to set forth in an amended Declaration. A unit owner who expands their Unit shall not need a vote to amend the percentages as set forth above. The right to expand a Unit shall not be changed, modified or amended without 100% vote of approval by the Unit Owners. The value of each unit's ownership interest in the General common elements is set forth under Value of Ownership Interest in General Common Elements in the Definition Section herein. Floor Plans and Exhibits INTERMODAL COMMERCE CONDOMINIUMS will consist of one (1) building and the real property described in Exhibit "A" which contains a total of 2 separate Units as shown on the floor plans attached hereto as part of Exhibit "B". A site plan is attached hereto as Exhibit E. Construction Materials The principal materials of construction of the Units are concrete for the foundations, footings, and slabs, steel, structural and finish work, sheetrock for the interior, masonite, rock, and brick and stucco siding for exterior wall surfaces, and membrane roofing material for the roof of the building. Use The use of the Retail Unit in INTERMODAL COMMERCE CONDOMINIUMS shall be for the following; Anything allowed by Bozeman United Development Ordinance per table 18-1 including but not limited to permitted principal, conditional and accessory uses. Any additional restrictions on use shall require a 100% vote of approval from the Unit Owners. The use of the Parking Garage Unit in the INTERMODAL COMMERCE CONDOMINIUMS shall be limited to principal uses, a parking garage, bus transfer station, public restrooms, passenger waiting area, parking facility, parking attendant, City offices, and related facilities and appurtenant public uses as outlined in 18.22.030 of the Bozeman United Development Ordinance and any amendments thereto. Any changes in use of the parking garage Unit will require 100% approval of Unit Owners. Nothing shall prohibit a Unit Owner from leasing or renting his Unit to third persons or holding it out for lease or rental, or entering into an agreement or contract with others for the lease or rental of his Unit or portions thereof. The use of the general common areas shall be for the enjoyment of the Unit Owners, theirs guests, tenants, lessees, employees and business .invitees. The Units and common elements shall be limited as follows: a. There shall be no obstruction of the common elements, nor shall anything be stored in or on the common elements without the prior written consent of the Association. Each Owner shall be obligated to maintain and keep in good order and repair the interior of his own Unit. b. 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, without the prior written consent of the Association. No Unit 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 on the common elements. c. Except for appropriate signs, as discussed under Miscellaneous below, Unit 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 10 part thereof, without the prior written consent of the Association, except that the Parking Garage Unit shall be allowed to install and maintain public WIFI antennas. All signs shall comply with appropriate sign codes and the comprehensive sign plan for the Units. d. No nuisances shall be allowed upon the property, nor shall any use or practice be allowed which is a source of annoyance to Unit Owners or which interferes with the peaceful possession and proper use of the property by its residents. No 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. e. Nothing shall be done in any 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. f. Domestic pets shall be allowed in the Retail Unit during normal business hours. Tiowever, no more than two domestic pets shall be allowed in any Unit. This provision does not apply to service animals or therapy support animals. g. Nothing shall be altered or constructed in or removed from the common elements, except upon the written consent of the Association. h. Nothing shall be done on or within the condominium created by this Declaration in contravention of the terms, conditions and provisions of any underlying covenants, land use restrictions imposed by any municipality, zoning, {unless variance or conditional use granted} or any local, state or federal rule, ordinance, regulation or law or other term or provision which is a matter of public record in the Gallatin County Clerk and Recorder's Office effecting the real property described on Exhibit "A" attached hereto. In this regard, an Owner agrees to abide by, keep and perform each and every one and all of the terms and conditions to be kept and performed, including any agreement to pay assessments, as set forth in any document referenced in this paragraph or filed as a matter of public record in the Gallatin County Clerk and Recorder's Office effecting the title to the real property described on Exhibit "A"; notwithstanding, however, the Owner's Association created herein shall be empowered to keep and perform those obligations expressly assumed by it, which obligations maybe found throughout this Declaration or in other documents effecting the title to the real property described on Exhibit "A". There shall be no residential dwelling or habitation of a Unit. j. There shall be no activity conducted within any Unit or upon the real property surrounding the Unit under the control of the Association which is not incomplete harmony coexistent with and compatible with the use of the Units as professional offices, retail, parking, bus transfer station, parking attendant, public restroom, passenger waiting area, medical and technical uses, bars and restaurants. k. Garbage shall be stored within each unit inappropriate contains until such time as garbage is transported to main dumpster. li 1. Canvassing, solicitation and peddling in the Condominium property is prohibited and Unit Owners shall report and otherwise cooperate to prevent the same. m. No building or structure shall be occupied or open for business until the exterior is completed and the interior of the space open to the public as completed. All applicable government agencies, inspections and permits shall be obtained and followed prior to occupancy. n. All zoning, land use regulations and all other laws, rules and regulations of any government or agency under whose jurisdiction the land lies are considered to be part of and enforceable hereunder, and all of the owners of said land shall be bound by such laws, rules and regulations. In the event there is a conflict between the covenants and the applicable zoning, the most restrictive provision of either the covenants or the zoning shall control. o. There shall be no incineration or burning of garbage, trash or other waste or debris or any other material in any Unit. No petroleum products shall be deposited on any Unit nor in the common areas. All such waste material, trash and garbage, except that which maybe legally cleaned and efficiently disposed of through the use of sanitary sewer systems, shall be disposed of off the property and in accordance with the rules and regulations of the public authorities. No junk, garbage, trash, equipment, parts, debris, graffiti, or other waste shall be allowed to accumulate on any Unit and shall be disposed of or cleaned immediately. p. Outside lighting of any Unit or the building shall first be approved in writing by the Association before installation. q. The Association may adopt such additional rules and regulations as shall be reasonable to implement the purpose and intent of these covenants. Within 30 days of adopting a ne~v rule, regulation or changing an existing rule or regulation, the Association must mail written notice to all Unit Owners of the change. r. Unit Owners and their invitees and guests shall, at ali times act in an orderly manner without creating disturbing noises or being a nuisance to the other Unit Owners and invitees. s. No repair nor maintenance of vehicles is to be done in the Parking Garage Unit. Use of the Parking Garage Unit by the public shall be in accordance with regulations developed and promulgated by the City of Bozeman and the Parking Commission. Long term parking or storage of vehicles is prohibited within the Parking Garage Unit except that the City of Bozeman may store maintenance vehicles related to the Garage Unit within the Parking Garage Unit. is Exclusive Ownership Each Unit Owner or Owners shall be entitled to exclusive ownership and possession of their Unit. Such Unit 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. Bylaws of The Association Membership An Owner of a Unit in 1NTERMODAL COMMERCE CONDOMINIiMS shall automatically, upon becoming the Owner of said Unit, be a member of INTERMODAL COMMERCE Condominiums Association, hereinafter referred to as the Association, and shall remain a member of said Association until such time as his membership in said Association shall automatically cease. The membership shall be limited to Unit Owners as defined in this Declaration. Function It shall be the function of the Association to: a. Adopt additional Bylaws for the governance of the Association as needed and appropriate in accordance with these Bylaws. b. Make provisions for management, repair and/or maintenance of the common elements of lNTERMODAL COMMERCE CONDOMINIUMS; The management, repair and/or maintenance of limited common elements shall be done by the Unit owning such limited common elements. c. Levy assessments as provided for in the Declaration, Bylaws and Unit Ownership Act, garbage service, and insurance of common elements. d. Adopt and implement a policy for the affairs of the condominium. e. Enter into contracts or hire personnel for the management of the affairs of the Association and the maintenance and repair of the common areas. Votin On all matters, unless excluded by this Declaration, to be decided by the Association, each Unit Owner shall be given a vote equal to his percentage of interest in the general common elements. In the event that a Unit has multiple owners and/or is further subject to its own subsequent condominium regime, the Unit shall only have one (1) collective vote. In other words, if an Owner of a Unit subjects such unit to an additional condominium regime such sub- units shall not be considered Units in the Intermodal Commerce Condominium and there shall be 13 no change in the percentage ownership interest allocated to the original Unit by reason of such submittal to the additional condominium regime. A Unit Owner, upon becoming a Unit Owner, shall be a member of the Association and remain a member for the period of his ownership of the Unit. Except as otherwise provided in the Unit Ownership Act, or as set forth in this Declaration or the Bylaws, a 51 % 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 both units are present, as defined in the Association Bylaws. Failure to Comply Each Unit Owner shall comply strictly with the provisions of this Declaration, the Bylaws 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, far damages or injunctive relief or both, and for reimbursement of all costs, including attorney fees incurred in connection therewith, which action shall be maintainable by the Manager in the name of the Association, on behalf of the Unit Owner, or in the proper case, by an aggrieved Unit Owner. Payment of Assessments All assessments shall be due thirty {30) days from the date of mailing such assessment following the meeting at which time assessments are levied by the Association, and maybe payable in one annual payment or in quarterly installments, at the option of the Unit Owner. The amount of the common expenses assessed against each Unit, and the amount of limited common expenses assessed against each Unit, shall be the personal and individual debt of the owner thereof. No Unit 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 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 Owners shall be obligated to pay interest at the rate of 1 S% per annum on the amount of the assessment from the due date thereof, together with all expenses, including attorney fees incurred, together with such late charges as are provided in the Bylaws of the Association. Suit to recover a money judgment for unpaid common expenses and limited expenses may be maintainable without foreclosing or waiving the lien securing the same. Any change to payment of assessments will require 100% approval of Unit Owners. Lev in Assessments--When Made--Pu oses 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 business of the Association at any regular or special meeting thereof as provided in the Bylaws of the Association. Notice of the assessment, amount thereof, and the purpose for which it is made, whether regular or special, including an annual budget for expenditures and operation, shall be served on all Unit Owners affected by delivering a copy of the same to the Unit Owner 14 personally or by mailing a copy of the notice to the Unit Owners at their addresses of record at least ten { 10} days prior to the date for such meeting. ' b. Assessments shall be made for the repair, replacement, general maintenance, management, and administration of common elements, fees, costs, and expenses of the manager, taxes for common areas, if any, and for the Unit Owner's 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 the general common elements. c. Assessments may also be made for the payment of limited 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 replacement of limited common elements or their respective Units in accordance with the percentage the Unit or Units have in the limited common elements for which the assessment is being made. If only one Unit is associated with the limited common elements, then the entire cost of such repair, maintenance or replacement shall be born by the 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 condominiums shall be distributed 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 right to recover from the Grantor the amounts paid by the Grantee therefore. 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 said unpaid assessments against the Grantor due the Association and such Grantee shall not be liable for, nor shall the Unit conveyed be subjected to a lien for, any unpaid assessments made by the Association against the Grantor in excess of the amount 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 assessment 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 total amount shall then 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 each Unit owned. 15 VI. Declarant's Right to Change The Declarant reserves the right to change the interior design and arrangement of all Units, and alter the boundaries between Units, so long as the Declarant owns the Units to be altered. No such change shall increase the number of Units or alter the boundary of the general common elements without an amendment to 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, the Board or Manager. Upon adoption of the resolution by a majority vote of those present, the amendment shall be made a 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 Unit 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 fifty-one percent (51%} of the total percentage vote of all the Unit Owners based on percentile ownership of the common elements unless a higher percentage is otherwise stated herein. 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. Chan eg s Repairs, and Liens Alterations by Unit Owners Association The interior plan of a Unit may be changed by the Unit Owner. The boundaries between Units maybe changed only by the Owners of the Units affected. No change in the boundaries of Units shall encroach upon the boundaries of the general common elements. 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 an amendment to this Declaration. In addition to compliance with the provisions of Paragraph VII above, such amendment must further set forth and contain plans for the Units concerned showing the Units after the change in boundaries, which plans shall be drawn by an architect licensed to practice in Montana, and attached to the amendment as exhibits, together with the certificate of architect or engineer as required by the Unit Ownership Act. Such an amendment shall be signed and acknowledged by the owners of the Units concerned, as well as those Unit Owners with an interest in any common element affected. The amendment shall also be approved by the Board of Directors of the Association, and signed and acknowledged by all lienors and mortgages of the Units concerned. 16 Maintenance by Unit Owners Each Unit Owner shal{ maintain and keep in repair the interior of his own Unit, including the fixtures thereof All fixtures and equipment installed in the Unit, commencing at the point where the utilities enter the Unit, shall be maintained and kept in repair by the owner thereof. A Unit Owner shall do no act nor any work that will impair the structural soundness or integrity of the building or impair any easement. Each Unit Owner shall also keep any balcony (if applicable), entrance or deck area appurtenant to his Unit in a clean and sanitary condition. The right of each Unit Owner to repair, alter, and remodel is coupled with the obligation to replace any finishing or other materials removed with similar type or kinds of materials. A]1 glass replacement shall be with similar quality, shade, and design. No act or alteration, repairing, or remodeling by any Unit Owner shall impair in any ~vay the integrity or the adjoining Units or the integrity of limited common elements or general common elements. Each Unit shall be responsible for maintaining its interior and exterior walls and surfaces therein. The Units specifically acknowledge that graffiti must be removed from a Unit within seventy-two (72) hours, weather permitting, or less of the reporting of the same. The Units acknowledge that one of the most effective deterrents to graffiti is its immediate removal. To this end, each Unit shall be responsible for the removal of any graffiti, at its own expense, from any part of its Unit, whether interior or exterior. For purposes of the paragraph only, exterior and interior walls and surfaces are defined as per Exhibit F. Any change involving graffiti must be approved by 100% of the Unit Owners. Exterior Alterations No Unit Owner may change, alter or remodel the exterior of his Unit without the prior written approval of the Association, Snow Removal and Open Space Maintenance Each Unit shall be responsible for sno~v removal pursuant to City policy and according to Exhibit G and from the sidewalks adjacent to the common areas. The snow removal contractor will also ensure that the inlets and outlets to the storm water detention basins are unobstructed. The Association, shall also retain a contractor to maintain the open space as healthy, clean, well kept. Any grass and/or trees located in the common open space shall be trimmed as needed and any lawn sprinkler system shall be kept in working order. Liens for Alterations Labor performmed and materials furnished and incorporated into a Unit with the consent of or 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 of the Unit Owner consenting to or requesting the same. Each Unit Owner shall indemnify and hold harmless each of the other Unit Owners from anal against all liability arising from the claim of any lien against the Unit or any other Owner or against the general. or limited common elements for construction performed or for labor, materials, services or other products incorporated in the Owner's Unit at such Unit Owner's request. i~ Liens and Foreclosures All sums assessed but unpaid for the share of common expenses and limited expenses chargeable to any 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, a first trust indentures, or contract for deed, or record. To evidence such lien, the Association 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 Unit Owner, and a description of the Unit. Such notice shall be signed and verified by one of the officers of the Association or by the Manager, or his authorized agent, and 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 Unit by the Association as provided in the Unit Ownership Act in like manner as foreclosure of a mortgage on real property. In any foreclosure, the Unit Owner shall be required to pay a reasonable rental for the unit, if so provided in the Bylaws, 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 maintainable without foreclosure or waiving the lien securing the same. In any such proceeding the Unit Owner may be required to pay the costs, expenses and attorney fees incurred in filing a lien, and in the event of foreclosure proceedings, additional casts, expenses and attorney fees incurred. Bidding at Foreclosure The Association shall have the power to bid on the 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 lien holder bolding a lien on a 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 lien holder shall have a lien on said Unit for the amounts paid for the same priority as the lien of his encumbrance without the necessity of having to file a notice or claim of such lien. IX. Insurance Purchase All insurance policies upon INTERMODAL COMMERCE CONDOMINIUMS property shall be purchased by the Association and shalt be issued by an insurance company authorized to do business in Montana. a. Named Insured: The named insured shall be the Association individually and as agent for the Unit Owners without naming them. Such policies shall provide that payments for losses there under by the insurer shall be paid to the insurance Trustee hereinafter designated, and all policies and endorsements thereon shall be deposited with is the insurance Trustee. Unit Owners may obtain insurance coverage, at their own expense, upon their own personal property and for their personal liability. (1) Loss or damage by fire and other hazards covered by a standard extended coverage endorsement; and (2) Such other risks as from time to time shall be customarily covered with respect to buildings similar in construction, location and use as the building on the land, including, but not limited, vandalism and malicious mischief. (3) Errors or Omissions Insurance for the Directors, Officers and Manager if the Association so desire, in amounts to be determined by the Board. b. Copies to Mortgagees: One copy of each insurance policy and of all endorsements thereon shall be furnished by the Association to each mortgage of a Unit Owner on request. Coverage a. Casualty: All buildings and improvements upon the land shall be insured in an amount equal to the maximum insurable replacement value, and all personal property included in the common elements shall be fully insured, with all such insurance to be based on current replacement value, as determined annually by the Board of Directors, but subject to such deductible clauses as are required in order to obtain coverage at reasonable costs. Such coverage shall afford protection against: 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 crass-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 deternline from time to time to be desirable and as may be required by the Federal and State laws. Premiums Premiums for 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; misuse, occupancy, or abandonment of a Unit or its appurtenances or of the common elements by a Unit Owner shall be assessed against the Unit 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. 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 the Owners' Association as 19 "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 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 mortgage 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 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 the Unit Owner and mortgagee pursuant to the provision of this Declaration. Declaration 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, the insurance trustee, and construction, or remodeling 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. Any proceeds remaining after defraying such costs shall be distributed to the beneficial owners, remittances to Unit Owners and their mortgagees being payable jointly to them.. c. Failure to Reconstruct or Repair: If it is determined in the manner elsewhere provided that the damage for with the proceeds are paid shall .not be reconstructed or repaired, the remaining ,proceeds shall be distributed to the beneficial owners, remittances to Unit Owners and their mortgagees being payable jointly to them. d. Certificate: In making distribution to Unit Owners and their mortgagees, the insurance trustee may rely upon a Manager as to the names of the Unit Owners and their respective shares of the distribution. Benefit to Mortgagees Certain provision in this paragraph entitled "Insurance" is for the benefit of mortgagees or trust indenture beneficiaries of condominium Units, and all such provisions are covenants for the benefit of any mortgagee of a Unit and maybe enforced by such mortgage or beneficiary. zo 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: 1. 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. 2. Greater Damage: If a Unit or Units are found by the Board of Directors to be not tenantable after the casualty, the damaged property shall be reconstructed or rebuilt. 3. Certificate: The insurance trustee may rely upon a certificate of the Association made by its 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 for specifications and the original improvements, or if not, then according to plans and specifications approved by the Board of Directors and by one hundred percent (100°1°) of the Unit Owners according to their percentile ownership of common elements, 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 of record in accordance with the provisions of such amended filing, more particularly set forth in Paragraph VII and Paragraph VIII, subparagraph 1, hereinabove. C. Responsibility The responsibility for reconstruction or repair after casualty shall be the same as for maintenance and repair of the condominium property, and the Association shall work with the insurance trustee to carry out the provisions of this Article. 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 insufficient, assessments shall be made against all Unit Owners in sufficient amounts to provide funds to the payment of such costs. Such assessments shall be in proportion to the Unit 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 O~mers, shall be disbursed in the sound discretion of 21 the insurance trustee and according to the contract of reconstruction or repair, which contract must have the approval of the Board and the Unit Owners involved. ' F. Su lus 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 INTERMODAL COMMERCE CONDOMINIUMS 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 plans of removal, partition or sale, including the details of how any partition or sale, and the distribution of the property or funds, shall be accomplished. b. The plan of removal, partition, 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 one hundred percent (100%) of the Unit Owners based on percentile ownership of common elements. Upon obtaining such approval, the Board shall be empowered to implement and carry out the plan of removal, partition, or sale. c. No Unit maybe divided or subdivided into a small Unit, nor any portion thereof sold or otherwise transferred, except as provided above. No such change shall increase the number of Units or alter the boundary of the general common elements without an amendment to this Declaration. d. This section shall not apply to the sale of individual Units and shall not be considered as a right of first refusal. e. The common elements of INTERMODAL COMMERCE CONDOMINIUMS shall not be abandoned, partitioned, subdivided, encumbered, sold or transferred without compliance with all of the above requirements. XI. Remedies All remedies provided in this Declaration and Bylaws shall not be exclusive of any other remedies which may now be, or are hereafter available to the parties hereto as provided for by lay+~. 22 XII. Severability The provisions hereof shall be deemed independent and severable and the invalidity, partial invalidity or unenforceability of any one or more provision shall not affect the validity or enforceability of any other provision hereof. XIII. Interpretation The provisions of the Declaration and of the Bylaws to be promulgated and recorded herewith shall be liberally construed to effectuate the purpose of the Declaration and Bylaws and to create a building or buildings subject to and under the provisions of the Unit Ownership Act. XIV. Utility Easements Miscellaneous In addition to the easements provided for herein, easements are reserved through the condominium property as may be required for utility services, including heat, air conditioning, water, sewer, power, telephone, natural gas, and cable television, in order to serve INTERMODAL COMMERCE CONDOMINIUMS adequately. However, such easements through the property or Units shall be only according to the plans and specifications for the building, as set forth in the recorded plat, or as the building is constructed, unless approved in writing by the Unit Owner. Right of Access The Association shall have the irrevocable right, to be exercised by the Manager or Board of Directors, to have access to each Unit from time to time during reasonable hours as maybe necessary for the maintenance, repair or replacement of any of the limited common elements therein or accessible there from, or for making emergency repairs therein necessary to prevent damage to the general or limited common elements or to any other 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 instance of the Association, shall be designated either limited or common expenses by the Association and assessed in accordance with such designation. Expenditures No single expenditure or debt in excess of $1,000.00, outside of budgeted expenditures, may be made or incurred by the Association or Manager without the prior approval of one 23 hundred percent (100`%) of the Unit Owners, according to their percentile interest of ownership of common elements, except for emergencies. 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. Service of Process The name and address of the persons to receive service of process for INTERMODAL COMMERCE CONDOMINIUMS until another designations filed of record be: City Center Commerce 600 N. Wallace, Loft #3 Bozeman, MT 59715 City of Bozeman P.O. Box 1230 411 East Main Bozeman, MT 59771-1230 With Copies To: Holly N. March 225 East Mendenhall Bozeman, MT 59715 Warranties With Copies To: Bozeman City Attorney P.O. Box 1230 Bozeman, MT 59771-1230 The Declarant expressly makes no warranties or representations concerning the property, the Units, the Declaration, Bylaws, 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 or is intended, nor may one be relied upon. S i ;ns Business signage shall be allowed according to City Code. All signs shall be in compliance with City regulations and the comprehensive sign plan, and shall be maintained in good working order at all times. The Association may establish a sign for the complex as approved by the City that designates Unit numbers and businesses contained therein. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be made and executed according to the provisions of the Montana Unit Ownership act, Title 70, Section 23, MCA. CITY~~O~~F BOZEMAN Its: C, riN 24 STATE. OF MONTANA ss. COUNTY OF GALLATIN 1 On this ~~ day of , 2008, before me, a notary public in and for the State of Montana, personally appeared Ii(, ~ , kno«m to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same on behalf of City of Bozeman. 1N WITNESS WHEREOF, l have hereunto set my hand and seal the day and year in this certificate first written. ~ ' ~~~ ~~~FVAiilbl`f~;;, L\~~~ (Sea~~`~,~'~ ~ e Notary Public, State of Montana t~, , . o ~,•;~~~T;;s.,,o p ~e : - Residing at: ~jut~xY~~ ~, ; ;, _ My commission expires: Ca31~~ ~~ ~ ~ ~" ~.._. - ' C . 'r- - ~-~y+• ~ ~ , °•~~ c ~' ~ w``~~ .``~. 25 EXHIBIT "A" Legal Description COS C-1-F (Lots 13-24, Block F Original Plat of Bozeman) in the City of Bozeman, Montana as described in RFP enlarged retail plans provided in RFP deadline date of July 13, 2007 and as preliminarily described on Exhibit A (the "Real Property"). 26 Exhibit B: Floor Plan for each unit Exhibit C: General Common Elements Exhibit D: Limited Common Elements Exhibit E: Site Plan Exhibit F: Graffiti Plan Exhibit G: Snow Removal Exhibit H: Sign Plan 27 Downtown Parking Garage Comprehensive Sign Plan Bozeman, Montana Table of Contents Section 1 - Intent Section 2 - Summary Section 3 - Permitted Retail Signage Areas Section 4 - Lighting Section 5 - Materials Section 6 - Types of Permitted Retail Signage 6.1 - Projecting Signs 6.2 - Wall Signs 6.3 - Window Signs 6.4 - Sandwich Board Signs Section 7 - Temporary Signage Section 8 - Building Identification Signs Section 9 - Directional Signage Appendix A Sign Area Allocations InCrnslk EXHIBIT Section 1: Intent The intent of the Downtown Parking Garage Comprehensive Sign Plan is to provide a creative, coherent and coordinated framework for retail, building y identification and directional signage. All graphics are included for informational purposes only. Section 2: Summary The Downtown Parking Garage falls within the B-3 zone or Central Business District. The Unified Development Ordinance (UDO) establishes a signage cap of 250 square feet for this district. This Comprehensive Sign Plan is designed to proportionately disperse the total allowable retail signage based on tenant suite sizes. Four different types of retail signage are permitted -projecting signs, wall signs, window signs and sandwich board signs. This plan also describes exemptions for allowable directional and building identification signage. All signage within the Bozeman Parking Garage must be in compliance with this Comprehensive Sign Plan and is subject to a City of Bozeman Sign Permit and Certificate of Appropriateness unless specifically listed as exempt. Any definitions shall be those used in the UDO. The following sections describe allowable signage sizes, lighting, and materials as well as the specific requirements of each of the allowable types of signage. Section 3: Sign Area Allowable sign areas for tenants are based on the total percentage of square footage of the tenant space and suite location within the overall complex as specifically outlined in Appendix A. Section 4: Lighting All light fixtures must be dark-sky compliant. Note that neon is permitted for interior window signs and for wall signs. Excessive use of neon is prohibited. Internally illuminated stock "can" signs are not permitted; however, individual internally illuminated letters may be considered. Section 5: Materials Signs must be constructed of high-quality durable materials including but not limited to treated wood, sand-blasted wood or sign board, or metal. As previously noted, internally illuminated boxes ("can signs") are not appropriate; however internally illuminated individual letters will be considered. Signs with relief and depth are encouraged while flat signs are discouraged. Downtown Parking Garage Comprehensive Sign Plan -September 2008 Section 6: Types of Permitted Retail Signage 6.1 Projecting Signs: Projecting signs are the most effective form of signage for pedestrian- dominated settings such as Downtown Bozeman. To promote a sense of consistency, each of the seven retail spaces is required to have one projecting sign near the main entrance. Projecting signs shall not exceed 10 square feet in area and shall not extend more than 6 feet from the building. Such signs must also provide a minimum sidewalk clearance of eight feet. ~.~ :~~ "~~J ~ U ~ ~~'.r._ .. ~..'~\•. \. ~. •. ~1.~X 6.2 Wall Signs: The area of permitted wall signage is directly proportionate to the square footage of the tenant spaces as outlined in Appendix A. Note that corner suites are required to have a small portion of their allowable wall signage on the corner-side to add pedestrian visual interest to all three streetscapes. .: ~ .~. `~ l1 ` \ ~ Y ryJX y~ ~•c ~ ~\. \\ qq .,)mil y.~ ~ `~ ~ ~, 1'c u 'ri a ~i n~,Ir~•~ti.,L ~ l' I ~^ N Ilil~~ nIP ri' i ~ ~ ~ .~7 ~r ~,,, },_.._ _.t ~~ ~~~ ~ r~ it l~ 11I1i 1 ._ 11 Canopy and awning signs are considered a type of wall sign. As stated in the Neighborhood Conservation Overlay District Design Guidelines, fabric operable awnings or fixed metal canopies are encouraged. The awning or canopy should be in character with the building and streetscape, should be mounted to accentuate character-defining features and should fit in the opening of the buildings. Awning colors should be compatible with the overall color scheme of the building. Simple shed shapes are appropriate for rectangular openings. Odd shapes, bullnose awnings, bubble awnings and internally illuminated awnings are inappropriate. Downtown Parking Garage Comprehensive Sign Plan -September 2008 6.3 Window Signs: .~ Window signs painted on a window or physically affixed to the interior of a window are permitted provided that such signs do not occupy more than 25 percent of the area of the window in which they are displayed. Window signs that occupy less than 25 percent of the window are permitted in addition to the allowable signage areas noted in Appendix A. Window signs are generally exempt from permitting and review; however, if such signage exceeds 25 percent of the area of the window. it will be classified as a wall sign and is subject to permitting i y ~ :~ -- I. ~ s~aq r ~ _ ' 1 I it,i ~~la~, J i . ~, : t a~~, --~ ~~ a ~t' '+ ~ 1 / f ^ - ....~~^i ~ ,' procedures. 6.4 Sandwich Board Signs: Sandwich board signs are encouraged to add street-level interest to the block. Such signs are limited to 42-inches in height and thirty-inches in width and must be located adjacent and perpendicular to the building within four feet of the entrance. Sandwich board signs may only be displayed during the businesses hours of operation. Permits for signs that encroach into the public right-of-way shall be obtained from the City Manager's office in City Hall. A minimum five foot sidewalk aisle must be maintained at all times for pedestrians. No signs shall be placed within two feet of the curb and all street vision triangles must be maintained. ~i ~Il~ ~ I rr~ r i ~~ .~~ ~ ~~ NEW ' ~ GnTh;,~ ;;Ll I g ''~\-. ~~ ~. ~ _ _ Downtown Parking Garage Comprehensive Sign Plan -September 2008 Section 7: Temporary Signage '~ Temporary signs and banners are permitted within the Downtown Parking Garage on a limited basis. A temporary sign permit is required from the City of Bozeman and all temporary signs are subject to the provisions of the Section 18.52.040 of the UDO. Section 8: Directional Signage Directional Signage is informational and may not contain commercial messages. Both on and off-site directional signs are exempt from permit requirements but must comply with the criteria in Section 18.52.050 of the UDO. Address signs and tenant numbers or letters must be a minimum of six-inches in height. r .. ~ ~J -~' _~ ~~~~ r--~ i Section 9: Building Identification Signs Building identification signs for the parking garage facility are also exempt from permit requirements but must comply with the criteria in Section 18.52.050 of the UDO. 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