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HomeMy WebLinkAboutDesignating Parking Manager, Paul Burns to Intermodal Commerce Association Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Aimee Kissel, Deputy City Clerk Stacy Ulmen, City Clerk Chris A. Kukulski, City Manager SUBJECT: Designation of Parking Manager Paul Burns as City representative to the Intermodal Commerce Association MEETING DATE: October 19, 2009 AGENDA TYPE: Consent RECOMMENDATION: Designate Parking Manager, Paul Burns to act as a member on behalf of the City in the Intermodal Commerce Association. BACKGROUND: The Intermodal Commerce Association is made up of two units, the parking garage and the retail unit. Ownership within the Intermodal Commerce Condominiums conveys membership within the Intermodal Commerce Condominiums Association. As parking manager, Paul Burns can best represent the ownership interest of the City. The following was excerpted from section V. of the Bylaws of the Association. Bylaws of the Association Membership An Owner of a Unit in INTERMODAL COMMERCE CONDOMINIUMS 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 INTERMODAL COMMERCE CONDOMINIUMS; The 14 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. Voting 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 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. ALTERNATIVES: As suggested by the City Commission. Attachment: Condominium Declaration and Bylaws for Intermodal Commerce Condominiums Report Compiled on October 13, 2009 15 Bozeman City Clerk PO Box 1230 Bozeman MT 597711230 2316526 Page 1 of 51 12042008 122744 PM Fee Charlotte Mills Gallatin County MT IIIIIIII IIIIII III VIII IIII IIIIIII IIIIII IIII IIII VIII IIIIIII III VIII VIII IIII IIII tfi FINAL CONDOMINIUM DECLARATION AND BYLAWS FOR 37700MISC INTERMODAL COMMERCE CONDOMINIUMS 16 CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY bEVELOPMENl Alfred M Stiff Professional Building phone 4065822260 20 East Olive Street fax 4065822263 PO Box 1230 planning@bozemannet Bozeman Montana 597711230 wwwbozemannet IateOctober 6 2008 To Whom It May Concern Senate Bill 527 amending 763203MCAwas signed into law on April 17 2007 This bill revised the exemption for the creation ofnew condominiums from the Subdivision and Platting Act The amendment had an immediate effective date The text ofthe amended section is now as follows Section 1 Section 763203MCAis amended to read 763203 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 763621are 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 C1F 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 ofBozeman Planning Office at 582 2260 Thank you for your cooperation Andrew C Epple AICP Director ofPlanning and Commu ity Development planning zoning subdivision review annexation hisioric preservation housing grant administration neighborhood coordination 17 INDEX Certificate of Name Certificate of Floor Plan PRELIMINARY DECLARATION FOR INTERMODAL COMMERCE CONDOMINIUMS 1 Definitions 1 Real Estate 4 Easements Common ElementsInteriorRemodeling 8 Ownership and VotingExhibits Use 9 Bylaws ofThe Association 13 Declarants Rights to Change 15 Amendment 16 Changes Repairs and Liens 1 d Insurance 18 Removal ofPartitionSubdivision 22 Remedies 22 Severability 22 Interpretation 23 Miscellaneous 23 18 CERTIFICATE OF NAME The undersigned being the duly authorized agent ofthe Department ofRevenue of theStateofMontanawithintheCountyofGallatinherewithexecutesthefollowingcertificaterelatingtoINTERMODALCOMMERCECONDOMINIUMSsituatedasfollows COS C1FLots 1324 Block F Original Plat ofBozeman in the City ofBozemanMontanaasdescribedinRFPenlargedretailplansprovidedinRFPdeadlinedateofJuly132007andaspreliminarilydescribedonExhibittheRealProperty 1 That the name INTERMODAL COMMERCE CONDOMINIUMS is not thesameassimilartoorpronouncedthesameasawordinthenameofanyotherpropertyorsubdivisionwithinGallatinCountyand 2 All taxes and assessments due and payable for the said INTERMODALCOMMERCECONDOMINIUMShavebeenpaidtodate Dated ba1 Q County Assessor 19 CERTIFICATE OF FLOOR PLAN The undersigned being a duly registered professional Architect in the State ofMontanaherewithcertifiesthefollowing That the floor plans for INTERMODAL COMMERCE CONDOMINIUMSsituatedaccordingtotheofficialplatthereofonfileandofrecordintheofficeoftheCountyClerkandRecorderofGallatinCountyMontanaasdulyfiledwiththeDeclarationandBylawsthereoffullyandaccuratelydepictthelayoutlocationunitdesignationanddimensionstobebuiltoftheINTERMODALCOMMERCECONDOMINIUMSandthatsuchfloorplansareanaccuratecopyoftheplansfiledwithandapprovedbytheofficialsandofficersoftheStateofMontanahavingjurisdictiontoissuebuildingpermits Dated GT 1 egistered Architec Number9q GiCVL1Sf11 SIDIti Itom 1nIiSiu A der U trr7Ay rlJ 20 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 ofPO Box 1230 411 E Main Bozeman Montana 597711230 hereinafter referred to as the Declarant whereby lands and property hereinafter described are submitted to the provisions ofChapter 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 ofINTERMODAL COMMERCE CONDOMINIUMS is 26 East Mendenhall Street Bozeman Montana 59715 and the mailing address is PO 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 ofall Unit Owners Aggregate Voting shall mean the entire number ofvotes 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 agroup and in accordance with duly adopted Bylaws and this Declaration The Intermodal Commerce Association shall be incorporated as anonprofit Montana Corporation Board or Board ofDirectors shall mean the Board ofDirectors ofthe 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 ofrecord 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 ofthe 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 21 a General Common Elements include all those elements which are for the use ofall Unit Owners business invitees and guests ofUnit Owners of INTERMODAL COMMERCE CONDOMINIUMS Specifically included are i grounds surrounding the building except those grounds appurtenant to or directly in front ofRetail 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 oftrees 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 ofthe 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 ofINTERMODAL COMMERCE CONDOMINIUMS in which each Unit Owner shall have the designated percentage ofinterest 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 ofthe owners business invitees and guests ofUnit Owners of INTERMODAL COMMERCE CONDOMINIUMS to the exclusion ofother 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 ofthe building servicing only a particular Unit or less than all ofthe Units The percentage ofthe separate Units interest in the limited common elements shall be computed by determining the number ofUnits that have use ofthe limited common elements and dividing that number into the total percentage based on the ratio of the square foot ofeach 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 22 ii are as located directly in front ofor appurtenant to the Retail Unit and strip ofarea 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 ofthe retail unit shall be a limited common element ofthe Retail Unit only except for Retail Unit R4A and R4B and second floor office space D1 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 ofall 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 ofUnit 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 ofUnits within the respective building for which the expenses are accrued 12 Manager shall mean the manager the Board ofDirectors management corporation or any other person or group ofpersons retained or appointed by the Association ofUnit Owners for the purpose of conducting the daytoday operations ofINTERMODAL 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 ofreal property including and containing one or more rooms occupying one or more floors or a part orparts 23 thereof intended for any type ofindependent 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 ofthe appurtenant common elements or limited common elements The Units are shown on Exhibit B Each Unit may contain condominium units ofadditional condominium regimes These additional condominium regime Units shall be referred to as subunitsand these subunits shall not be considered Units in INTERMODAL COMMERCE CONDOMINIUMS but rather shall be apart or portion of a INTERMODAL COMMERCE CONDOMINIUMS Unit I6 Unit Desi nation shall mean the combination ofletters 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 isa coowner in any real estate tenancy relationship that is recognized under the laws ofthe State ofMontana in one or more Units ofINTERMODAL COMMERCE CONDOMINIUMS 18 Value ofOwnership Interest in General Common Elements shall be based upon the construction costs to each unit divided by the total cost ofconstruction ofall the units Based on this formula the value of the Retail Units ownership interest in the General Common Elements is 125percent and the value ofthe Parking Garage Unitsownership interest in the General Common Elements is 875 percent 19 Votin Interest shall mean the vote of the Unit Owners based on their respective percentile interest ofownership ofthe 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 Declarants 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 ofone 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 24 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 ofany Unit or interest in and to the condominiums created hereunder agree to and do hereby appoint said owners ofsuch Units or that owners successor assign or designee as having a power ofattorney 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 oftwo 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 thereofas follows Units may expand up additional levels so long as the structural integrity function and purpose ofthe 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 ofthe other Unit The review shall be limited solely to ensuring no adverse affects Such an expansion ofthe Unit shall change the respective percentage ofownership of common elements accordingly since the square footage ofthe 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 modifcation in the future and dilution in the future of the percentage of membership interest ofthe other Unit and the appropriate amendment to this Declaration and Bylaws setting forth the floor plans and square footages and new percentages for all ofthe existing units is filed of record in the Gallatin County Clerk and Recorders Office While the Retail Unit is one ofthe 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 ofthe Retail Unit Declaration and Bylaws for any additional Declarations shall not conflict with this Declaration In event ofa conflict this document shall govern 5 25 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 ofsuch 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 owners successor assign or designee as having a power of attorney to effectuate the division ofsuch 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 ofthe Retail Unit In no way shall the power ofattorney given herein be construed to be consent by the City ofBozeman or its Conunissioners ofapproval of anything other than the Citys consent as a Unit Owner only to an Amendment to this Declaration reflecting changes in site plans floor plans and percentage ofownership 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 ofany Unit or interest in and to the Condominium created hereunder agree to and do hereby appoint said owners ofsuch Unit or that ownerssuccessor assign or designee as having a power ofattorney to effectuate the expansion of such Unit Any construction necessary far the expansion or subdivision ofa Unit shall not unreasonably disrupt other Unit Owners possession or enjoyment Any change made to the right and ability ofa 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 ofINTERNIODAL 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 ofthe general common elements or limited common elements encroaches upon a Unit or Units a valid easement for the encroachment and for the maintenance ofthe same so long as it stands shall and does exist Ifany portion ofUnit 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 oftitle Parking Areas The Parking Garage Unit ofthe 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 26 The Retail Unit has 28 cashinlieuparking spots that may be used to fulfill parking requirements These cashinlieuparking spaces shall be held by the Association and divided out to each Unit proportionate to each units square footage Any change regardless oftype involving these 2 spaces shall require 100 ofthe 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 cashinlieuparking spaces are subject to sales restrictions requiring that the parking spaces may not be sold and shall remain at all times the property ofthe Retail Units Owners Association Strip ofLand Adiacent to Allev The general common elements include all land to the rear property line to the south ofthe building as shown on Exhibit 6Use ofthe 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 ofthe Units Each Unit shall include the part ofthe building containing the Unit that lies within the boundaries ofthe 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 ofthe concrete rooflfloor system 2 Lower Boundary the plane formed by the center line ofthe concrete floor system b parametrical Boundaries the parametrical boundaries ofthe 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 ofthe 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 ofvarying thicknesses the plane ofthe center line ofa boundary wall shall be the median line drawn between the tvooutermost boundaries ofsuch wall 27 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 ElementsInteriorRemodeling Common Element Easements A nonexclusive right ofingress 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 Anonexclusive easement shall exist through over and across each Unit for inspection installation maintenance replacement and repair ofsuch 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 andor 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 ofthe 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 ofsuch emergency Parking Easement The public at large including but not limited to Owners and occupants ofall Units and their invitees or licensees shall have a perpetual and nonexclusive easement over and through the Parking Garage Unit for purposes ofingress 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 ofthe walls ceilings floors indows and doors bounding his ovnUnit and the interior thereof so long as such Unit Owner does not affect the structural integrity ofthe building in which his Unit is located Fire ratings ofany 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 28 IV Ownershi and Votin ExhibitsUse Percentage of Interest for Voting Purposes Each Unit Owner shall be entitled to the exclusive ownership use and possession ofhis Unit Additionally each Unit Owner shall have a percentage ofundivided interest in the general common elements ofINTERMODAL COMMERCE CONDOMINIUMS Such percentage represents his ownership interest in the general common elements his liability for common expenses and this Declaration The percentage ofinterest in the general common elements for the respective Unit Owners shall be computed by taking the square footage ofthe ground level of each Unitas set forth on the floor plans attached hereto as of the date offiling this Declaration and dividing it by the total square footage ofall of the ground Units having an interest in the general common elements of INTERMODAL COMMERCE CONDOMINIUMS Such percentage of interest owned by each ofthe 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 126006 92 Parking Garage Unit address 9775 72 Retail Unit TOTAL 135781 10000 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 Units 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 ofeach units ownership interest in the General common elements is set forth under Value ofOwnership Interest in General Common Elements in the Definition Section herein 29 Floor Plans and Exhibits INTERMODAL COMMERCE CONDOMINIUMS will consist ofone 1 building and the real property described in Exhibit A which contains a total of2 separate Units as shown on the floor plans attached hereto as part ofExhibit B A site plan is attached hereto as Exhibit E Construction Materials The principal materials ofconstruction ofthe 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 ofthe 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 181including but not limited to permitted principal conditional and accessory uses Any additional restrictions on use shall require a 100 vote ofapproval from the Unit Owners The use ofthe 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 1822030ofthe Bozeman United Development Ordinance and any amendments thereto Any changes in use of the parking garage Unit will require 100 approval ofUnit 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 ofthe 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 ofthe Association Each Owner shall be obligated to maintain and keep in good order and repair the interior ofhis 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 ofthe 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 ofany 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 ofa 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 30 part thereof without the prior written consent ofthe 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 ofthe property by its residents No offensive or unlawful use shall be made ofthe property nor any part thereof and all valid laws zoning ordinances and regulations ofall 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 ofthe 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 ofthe Association h Nothing shall be done on or within the condominium created by this Declaration in contravention ofthe terms conditions and provisions ofany 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 ofpublic record in the Gallatin County Clerk and Recorders 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 ofpublic record in the Gallatin County Clerk and Recorders Office effecting the title to the real property described on Exhibit A notwithstanding however the Owners 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 ofthe 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 31 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 ofthe 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 ofany 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 ofgarbage 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 ofthrough the use ofsanitary sewer systems shall be disposed of offthe property and in accordance with the rules and regulations of the public authorities Nojunk 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 ofany 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 ofthese covenants Within 30 days of adopting a nevrule regulation or changing an existing rule or regulation the Association must mail written notice to all Unit Owners ofthe change r Unit Owners and their invitees and guests shall at ali times act in an orderly manner without creating disturbing noises orbeing a nuisance to the other Unit Owners and invitees s No repair nor maintenance ofvehicles is to be done in the Parking Garage Unit Use ofthe 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 ofvehicles 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 32 Exclusive Ownership Each Unit Owner or Owners shall be entitled to exclusive ownership and possession of their Unit SuchUnit 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 ofThe Association Membership An Owner ofa Unit in 1NTERMODAL COMMERCE CONDOMINIiMS shall automatically upon becoming the Owner of said Unit be a member ofINTERMODAL COMMERCE Condominiums Association hereinafter referred to as the Association and shall remain a member ofsaid 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 ofthe 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 andor maintenance ofthe common elements oflNTERMODAL COMMERCE CONDOMINIUMS The management repair andor maintenance oflimited 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 ofthe condominium e Enter into contracts or hire personnel for the management ofthe affairs ofthe Association and the maintenance and repair ofthe 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 andor is further subject to its own subsequent condominium regime the Unit shall only have one 1 collective vote In other words ifan Owner ofa 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 33 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 ofthe Association and remain a member for the period ofhis ownership ofthe 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 ofthe 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 ofthis Declaration the Bylaws of the Association and the rules regulations decisions and resolutions ofthe Association adopted pursuant thereto as the same may be lawfully amended from time to time Failure to comply with any ofthe 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 ofthe Association on behalf ofthe 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 ofthe Unit Owner The amount ofthe common expenses assessed against each Unit and the amount oflimited common expenses assessed against each Unit shall be the personal and individual debt ofthe 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 ofany ofany of the general common elements or limited common elements or by abandonment ofhis 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 oftaking prompt action to collect any unpaid assessment which becomes delinquent In the event ofdelinquency in the payment ofthe assessment the Unit Owners shall be obligated to pay interest at the rate of 1 S per annum on the amount ofthe 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 ofthe 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 ofassessments will require 100 approval ofUnit Owners Lev in AssessmentsWhen MadePu 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 ofthe regular business of the Association at any regular or special meeting thereofas provided in the Bylaws ofthe Association Notice ofthe 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 ofthe same to the Unit Owner 14 34 personally or by mailing a copy ofthe 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 ofthe manager taxes for common areas if any and 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 the general common elements c Assessments may also be made for the payment oflimited 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 ofsuch 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 ofthe condominiums shall be distributed among and charged to the Unit Owners according to the percentage ofundivided interest ofeach in the common elements f In a voluntary conveyance of a Unit the Grantee ofthe Unit shall bejointly and severally liable with the Grantor for all unpaid assessments by the Association against the latter for his share ofthe common expenses up to the time ofthe grant or conveyance without prejudice to the Grantees 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 ofDirectors ofthe 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 ofUnits 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 35 VI Declarants 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 ofUnits or alter the boundary ofthe general common elements without an amendment to this Declaration VII Amendment Amendment ofthis Declaration shall be made in the following manner At any regular or special meeting ofthe Association ofUnit 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 fiftyone percent 51 ofthe total percentage vote of all the Unit Owners based on percentile ownership ofthe common elements unless a higher percentage is otherwise stated herein If so approved it shall be the responsibility ofthe Association to file the amendment with the Clerk and Recorders Office ofGallatin County Montana VIII Chanegs 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 ofthe Units affected No change in the boundaries of Units shall encroach upon the boundaries ofthe general common elements Boundary walls must be equal in quality ofdesign 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 ofParagraph 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 ofarchitect or engineer as required by the Unit Ownership Act Such an amendment shall be signed and acknowledged by the owners ofthe 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 ofthe Association and signed and acknowledged by all lienors and mortgages of the Units concerned 16 36 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 ofeach 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 ofmaterials A1 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 seventytwo 72 hours weather permitting or less of the reporting ofthe 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 ofhis Unit without the prior written approval ofthe Association Snow Removal and Open Space Maintenance Each Unit shall be responsible for snovremoval 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 andor 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 ofthe Unit Owner his agent his contractor or subcontractor shall be the basis for the filing of a lien against the Unit ofthe 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 Owners Unit at such Unit Owners request i 37 Liens and Foreclosures All sums assessed but unpaid for the share ofcommon 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 ofany 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 oflien assessment setting forth the amount of such unpaid indebtedness the amount ofaccrued interest and late charges thereon the name ofthe Unit Owner and a description ofthe Unit Such notice shall be signed and verified by one ofthe officers of the Association or by the Manager or his authorized agent and shall be recorded in the office ofthe Clerk and Recorder ofGallatin County Montana Such lien shall attach from the date ofrecording such notice Such lien may be enforced by the foreclosure ofthe defaulting Owners Unit by the Association as provided in the Unit Ownership Act in like manner as foreclosure ofa 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 offoreclosure proceedings additional casts expenses and attorney fees incurred Bidding at Foreclosure The Association shall have the power to bid onthe 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 ofhis encumbrance without the necessity ofhaving to file a notice or claim ofsuch 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 38 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 ofeach insurance policy and ofall endorsements thereon shall be furnished by the Association to each mortgage ofa 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 ofDirectors 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 ofDirectors ofthe Association including but not limited to hired automobile and nonowned automobile coverage if applicable and with crassliability endorsement to cover liabilities ofthe Unit Owners as a group to a Unit Owner c Other Insurance Such other insurance as the Board of Directors ofthe 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 ofincrease 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 ofmortgagees Insurance Trustee All insurance policies purchased by the Association shall be for the benefit ofthe 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 39 insurance trustee The insurance trustee shall not be liable for payment ofpremiums nor for the renewal or the sufficiency of policies nor for the failure to collect any insurance proceeds The duty ofthe 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 ofthe Unit Owners and their mortgagees in the following shares but which shares need not be set forth in the records ofthe 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 ofthe 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 ofinsurance policies received by the insurance trustee shall be distributed to or for the benefit ofthe beneficial owners in the following manner a Miscellaneous Expenses ofadministration 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 Ifthe 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 thereofas 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 Ifit 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 ofthe distribution Benefit to Mortgagees Certain provision in this paragraph entitled Insurance is for the benefit ofmortgagees or trust indenture beneficiaries ofcondominium Units and all such provisions are covenants for the benefit ofany mortgagee ofa Unit and maybe enforced by such mortgage or beneficiary zo 40 Reconstruction A Repair after Casualty If any part ofthe 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 Ifa 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 Ifa Unit orUnits are found by the Board ofDirectors 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 ofthe 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 ofDirectors and by one hundred percent 1001of the Unit Owners according to their percentile ownership ofcommon elements including the Owners ofall 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 ofrecord in accordance with the provisions ofsuch 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 ofthis 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 ofsuch reconstruction or repair the funds for the payment ofthe costs thereof are insufficient assessments shall be made against all Unit Owners in sufficient amounts to provide funds to the payment ofsuch costs Such assessments shall be in proportion to the Unit Ownerspercentage ofinterest in the general common elements E Construction Funds The funds for payment of costs of reconstruction or repair after casualty which shall consist ofproceeds of insurance held by the Insurance Trustee and funds collected by the Association from assessments against Unit Omers shall be disbursed in the sound discretion of 21 41 the insurance trustee and according to the contract ofreconstruction or repair which contract must have the approval ofthe Board and the Unit Owners involved F Su lus It shall be presumed that the first monies disbursed in payment ofcosts ofreconstruction and repair shall be from the insurance proceeds If there is a balance in a construction fund after payment of all costs ofthe reconstruction and repair for which the fund is established such balance shall be paid to the Association for the use and benefit ofthe 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 ofthe conditions hereof a The Board ofdirectors ofthe Association must approve the plans of removal partition or sale including the details ofhow any partition or sale and the distribution of the property or funds shall be accomplished b The plan ofremoval partition or sale must be approved as provided in the Montana Unit Ownership Act If approval for any ofthe foregoing is not required by the Unit Ownership Act then approval shall berequired from one hundred percent 100 of the Unit Owners based on percentile ownership ofcommon 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 ofUnits or alter the boundary ofthe general common elements without an amendment to this Declaration d This section shall not apply to the sale ofindividual Units and shall not be considered as a right offirst refusal e The common elements of INTERMODAL COMMERCE CONDOMINIUMS shall not be abandoned partitioned subdivided encumbered sold or transferred without compliance with all ofthe above requirements XI Remedies All remedies provided in this Declaration and Bylaws shall not be exclusive ofany other remedies which may now be or are hereafter available to the parties hereto as provided for by lay 22 42 XII Severability The provisions hereof shall be deemed independent and severable and the invalidity partial invalidity or unenforceability ofany one or more provision shall not affect the validity or enforceability of any other provision hereof XIII Interpretation The provisions ofthe Declaration and ofthe Bylaws to be promulgated and recorded herewith shall be liberally construed to effectuate the purpose ofthe Declaration and Bylaws and to create a building or buildings subject to and under the provisions ofthe 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 ofAccess The Association shall have the irrevocable right to be exercised by the Manager or Board ofDirectors to have access to each Unit from time to time during reasonable hours as maybe necessary for the maintenance repair or replacement of any ofthe 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 ofthe Unit resulting from maintenance repair emergency repair or replacement ofany ofthe general or limited common elements or as a result ofan 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 100000outside ofbudgeted expenditures may be made or incurred by the Association or Manager without the prior approval of one 23 43 hundred percent 100 ofthe Unit Owners according to their percentile interest of ownershipofcommonelementsexceptforemergencies Benefit Except as otherwise provided herein this Declaration shall be binding upon and shallinuretothebenefitoftheDeclaranttheAssociationandeachUnitOwnerandtheheirspersonalrepresentativessuccessorsandassignsofeach Service ofProcess The name and address ofthe persons to receive service ofprocess for INTERMODAL COMMERCE CONDOMINIUMS until another designations filed of record be City Center Commerce 600 N Wallace Loft 3 Bozeman MT 59715 City ofBozeman POBox 1230 411 East Main Bozeman MT 597711230 With Copies To Holly N March 225 East Mendenhall Bozeman MT 59715 Warranties With Copies To Bozeman City Attorney PO Box 1230 Bozeman MT 597711230 The Declarant expressly makes no warranties or representations concerning the propertytheUnitstheDeclarationBylawsordeedsofconveyanceexceptasspecificallysetforth therein and no one may rely upon such warranty or representation not so specifically expressedthereinEstimatesofcommonexpensesaredeemedaccuratebutnowarrantyorguaranteeis 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 ofthe Montana Unit Ownership act Title 70 Section 23MCA CITYOF BOZEMAN Its C riN 24 44 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 knomto me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same on behalfof City ofBozeman 1N WITNESS WHEREOF l have hereunto set my hand and seal the day and year in this certificate first written FVAiilblf LSeaeNotaryPublicStateofMontanatoTsopeResidingatjutxYMycommissionexpiresCa31Cr y cw 25 45 EXHIBIT A Legal Description COS C1FLots 1324 Block F Original Plat ofBozeman in the City ofBozeman Montana as described in RFP enlarged retail plans provided in RFP deadline date ofJuly 13 2007 and as preliminarily described on Exhibit A the Real Property 26 46 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 47 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 61 Projecting Signs 62 Wall Signs 63 Window Signs 64 Sandwich Board Signs Section 7 Temporary Signage Section 8 Building Identification Signs Section 9 Directional Signage Appendix A Sign Area Allocations InCrnslk EXHIBIT 48 Section 1 Intent The intent of the Downtown Parking Garage Comprehensive Sign Plan is toprovideacreativecoherentandcoordinatedframeworkforretailbuildingyidentificationanddirectionalsignageAllgraphicsareincludedfor informational purposes only Section 2 Summary The Downtown Parking Garage falls within the B3 zone or Central Business District The Unified Development Ordinance UDO establishes a signage capof250squarefeetforthisdistrictThisComprehensiveSignPlanisdesignedto proportionately disperse the total allowable retail signage based on tenantsuitesizesFourdifferenttypesofretailsignagearepermittedprojectingsignswallsignswindowsignsandsandwichboardsignsThisplanalsodescribes 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 AnydefinitionsshallbethoseusedintheUDOThefollowingsectionsdescribe allowable signage sizes lighting and materials as well as the specificrequirementsofeachoftheallowabletypesofsignage Section 3 Sign Area Allowable sign areas for tenants are based on the total percentage of squarefootageofthetenantspaceandsuitelocationwithintheoverallcomplexas specifically outlined in Appendix A Section 4 Lighting All light fixtures must be darksky compliant Note that neon is permitted for interior window signs and for wall signs Excessive use of neon is prohibitedInternallyilluminatedstockcansignsarenotpermittedhoweverindividualinternallyilluminatedlettersmaybeconsidered Section 5 Materials Signs must be constructed of highquality durable materials including but notlimitedtotreatedwoodsandblastedwoodorsignboardormetalAs previously noted internally illuminated boxes can signs are not appropriate however internally illuminated individual letters will be consideredSignswithreliefanddepthareencouragedwhileflatsignsarediscouraged Downtown Parking Garage Comprehensive Sign Plan September 2008 49 Section 6 Types of Permitted Retail Signage 61 Projecting Signs Projecting signs are the most effective form of signage for pedestriandominatedsettingssuchasDowntownBozemanTopromoteasenseofconsistencyeachofthesevenretailspacesisrequiredtohaveoneprojectingsignnearthemainentranceProjectingsignsshallnotexceed10squarefeetinareaandshallnotextendmorethan6feetfromthebuildingSuchsignsmustalsoprovideaminimumsidewalk clearance of eight feet JU r 1X 62 Wall Signs The area of permitted wall signage is directly proportionate to the square footage of the tenant spaces as outlined in Appendix A Notethatcornersuitesarerequiredtohaveasmallportionoftheirallowablewallsignageonthecornersidetoaddpedestrianvisualinteresttoallthreestreetscapes l1 Y ryJX y c qq mily 1c u ri a inIrtiLlINIlilnIPri i7rtritl11I1i111CanopyandawningsignsareconsideredatypeofwallsignAs statedintheNeighborhoodConservationOverlayDistrictDesignGuidelinesfabricoperableawningsorfixedmetalcanopiesareencouragedTheawningorcanopyshouldbeincharacterwiththebuildingandstreetscapeshouldbemountedtoaccentuatecharacterdefiningfeaturesandshouldfitintheopeningofthebuildingsAwningcolorsshouldbecompatiblewiththeoverallcolorschemeofthebuildingSimpleshedshapesareappropriateforrectangularopeningsOddshapesbullnoseawningsbubbleawningsandinternallyilluminated awnings are inappropriate Downtown Parking Garage Comprehensive Sign Plan September 2008 50 63 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 morethan25percentoftheareaofthewindowinwhichtheyaredisplayedWindowsignsthatoccupylessthan25percentofthewindowarepermittedinadditiontotheallowablesignageareasnotedinAppendixAWindowsignsaregenerallyexemptfrompermittingandreviewhoweverifsuchsignageexceeds25percentoftheareaofthewindowitwillbeclassifiedasawallsignandissubjecttopermitting iy I saq r 1 Iiti la J it a at 1 fi procedures 64 Sandwich Board Signs Sandwich board signs are encouraged to add streetlevel interest to theblockSuchsignsarelimitedto42inchesinheightandthirtyinchesinwidthandmustbelocatedadjacentandperpendiculartothebuildingwithinfourfeetoftheentranceSandwichboardsignsmayonlybedisplayedduringthebusinesseshoursofoperationPermitsforsignsthatencroachintothepublicrightofwayshallbeobtainedfromtheCityManagersofficeinCityHallAminimumfivefootsidewalkaislemustbemaintainedatalltimesforpedestriansNosignsshallbeplacedwithintwofeetofthecurbandallstreetvisiontrianglesmustbemaintained i Il Irr riNEW GnTh Ll Ig Downtown Parking Garage Comprehensive Sign Plan September 2008 51 Section 7 Temporary Signage Temporary signs and banners are permitted within the Downtown ParkingGarageonalimitedbasisAtemporarysignpermitisrequiredfromtheCity of Bozeman and all temporary signs are subject to the provisions of the Section 1852040of the UDO Section 8 Directional Signage Directional Signage is informational and may not contain commercial messages Both on and offsite directional signs are exempt from permitrequirementsbutmustcomplywiththecriteriainSection1852050ofthe UDOAddresssignsandtenantnumbersorlettersmustbeaminimumofsixinchesin height rJ ri 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 1852050of the UDO Downtown Parking Garage Comprehensive Sign Plan September 2008 4 52 Appendix A Sign Area Calculations Downtown Parking Garage Comprehensive Sign Plan September 2008 53 Cinac0 0 c C O 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