HomeMy WebLinkAboutDeclaration of Covenants, Conditions and Restrictions for Sundance Springs Section II Neighborhood Servies Property FlIM
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
FOR
SUNDANCE SPRINGS
Section H
Neighborhood Services Property
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TABLE OF CONTENTS
NEIGHBORHOOD SERVICES PROPERTY
Introduction . . . . . . . . . . . . . .
Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . 4
I. Definitions . . . . . . . . . . - - - - - - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
II. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
III_ Cocneral Covenants - - - - - - - - - - - - - - - - - - - - - „ . . . - - - _ - . _ _ _ _ _ _ - , - . 7
IV. Sundance Springs Neighborhood Services Owners Association . . . . . . . . . . . . . . . . . . 13
V. Director% Membership and Voting Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
V1_ Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
VII- Architectural Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
VIII. Building and Site Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
IX. Building Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
X. Site Development and Landscape Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
XI. Open Space Management Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
X11. Special Improvement Districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
XIII. Duration, Modification and Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
XIV. Enforcement . . . - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
XV. Assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
XVI. Constructive Notice and Acceptance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
XVII. Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
XVIII. Stuns with Land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
XIX. Captions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
XX_ Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
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INTRODUCTION
It is the general intent of this Document to establish the legal authority for and to list the
Covenants that pertain to all the Neighborhood Services Property within the Sundance Springs
Subdivision, and to establish the Sundance Springs Neighborhood Services Owners Association,
Board of Directors, and Building and Landscaping Review Committee.
The Covenants detail how the Neighborhood Services Property within the Sundance Springs
Subdivision are to be developed and maintained beyond the rzvnimum requirements of the Bozeman
Zoning Code which exists at the date of the execution of this document. More specifically, the
Covenants define how the Neighborhood Services buildings are to be designed and landscaped, and
how the Common Open Space is to be used, managed and maintained through the Open Space
Management Plan.
When a lot is purchased in the Sundance Springs Subdivision Neighborhood Services
Property the owner automatically becomes a member of the Sundance Springs Neighborhood
Services Owners Association. The Owners Association is run by a Board of Directors.
It is the Board of Directors duty to implement, administer, and enforce all the Covenants
including the maintenance and management of the Common Open Space,Trails, Roads, and to carry
on the day-today activities of the Owners Association_
The Building and Lace Review Committee will be chosen by the President of the Board
of Directors. The Building and Landscape Committee's duty is to, in general, approve or disapprove
the building plans submitted to it by the individual Neighborhood Services lot owners.
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AND OWNERS ASSOCIATION GUIDELINES FOR =
SUNDANCE SPRINGS SUBDIVISION
NEIGHBORHOOD SERVICES PROPERTY
This Declaration, made this 4th day of March 1998, by Sundance Springs Development, LLC
or assigns, with its principal office in Bozeman, Montana, hereinafter referred to as "Declarant".
RECITALS
A. WHEREAS, Declarant is the awner of the following described land in Gallatin
County, Montana:
See Exhibit "A" attached hereto and incorporated herein by reference.
B. WHEREAS, Declarant intends to sell, dispose of, divide into lots, and convey the real
property above described and more specifically described in the final plat of SUNDANCE SPRINGS
SUBDIVISION ("Sundance Springs"), City of Bozeman, Gallatin County, Montana, and
C. WHEREAS, Declarant desires to subject all of said real property and the lots and
subdivisions thereof to protective and restrictive covenants, conditions, restrictions, guidelines and
reservations herein set forth and refemed to as "Covenants", each and all of which is and are for the
benefit of said property, lots, and subdivisions and the owners thereof, and shall run with the land
applying to and binding the present owners and all future owners and successors in interest.
D. NOW THEREFORE, Declarant does hereby establish, dedicate, publish, and impose
upon the Parcel the following Covenants upon the Neighborhood Services Property which shall run
with the land and shall be binding upon and be for the benefit of all persons claiming such property,
their grantors, legal representatives, heirs, successors, and assigns, and shall be for the purpose of
maintaining a uniform and stable value, character, architectural design, use, and development of the
parcel, and all improvements placed or erected thereon, unless otherwise specifically excepted as
herein mentioned, and said Covenants shall inure to and pass with each and every parcel, tract, lot,
or division. Said Covenants are as follows:
ARTICLE I
DEFINITIONS
1.1 "Neighborhood Services Owners Association" or "Association" shall mean the
Sundance Springs Neighborhood Services Owners Association, its successors and assigns. The
Association shall be incorporated as a Montana nonprofit corporation with its members as the lot
owners.
1.2 "Member" shall mean any person or entity owning or purchasing a lot in the
Neighborhood Services portion of Sundance Springs. Each lot owner shall be a member of the
Association and agrees to abide by and be bound by these Covenants, and the Articles of
Incorporation, Bylaws, and Resolutions of the Association, if any.
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1.3 "Owner" shall mean the legal title holders, or contract purchasers, whether one or
more persons or entities, owning or purchasing a fee simple title to any lot but excluding those
having an intent merely as security for the performance of an obligation; provided, however, that
prior to the first conveyance of each portion of the properties for value, owner shall mean Declarant.
1.4 "Parcel" shall mean all of the real property described and platted as Sundance Springs
Subdivision, according to the Certificate of Survey or according to the official subdivision plats
thereof filed of record in the office of the Clerk and Recorder of Gallatin County, Montana_
1.5 "Project" shall mean the organization, division, improvement, operation and sale of
property in Sundance Springs.
1.6 "Property" shall mean a specific part of the Parcel which has a specific zoning
designation and use, ie., B-1 (Neighborhood Services) as shown on the plat of Sundance Springs.
1.7 "Lot" shall mean the smallest subdivided unit of land for sale within the
Neighborhood Services portion of the parcel as shown on the plat for Sundance Springs.
1.8 "Common Area" or "Open Space" shall mean all of the Parcel conveyed to the
Neighborhood Services Association for use by the Association and its Members and Owners in
common. The specific parts of the Parcel conveyed to the Association are all the parts of the Parcel
within the Neighborhood Scr ices's zoned property which are not specifically owned by individual
lot owners.
1.9 "Open Space Management Plan" shall mean the management plan for the Common
Area or Open Space conveyed to the Association for use by the Association and its Members and
the Owners in common.
1.10 "Declaration" shall mean this Declaration of Covenants, Conditions and Restrictions
for Sundance Springs, and as it may, from time to time, be amended or supplemented.
1.11 "Declarant" shall mean Sundance Springs Development, LLC or assigns, and shall
not mean a purchaser of a lot from the Declarant.
1.lZ "Building and Landscape Review Committee" or "Committee or "BLRC" shall mean
the Committee appointed by the President of the Board of Directors of the; Association whose
function is to review and approve or disapprove plans, specifications, designs, landscaping, sites and
locations of improvements to be constructed or erected on any Neighborhood Services Lot or
anywhere on the Parcel.
1.13 "Beard of Directors" or "Directors" shall mean duly and qualified members of the
Beard of Directors of the Association, and shall he the sole governing body of the Association.
1.14 "Developer" or "Building Contractor" shall mean any person or entity buying one or
more Lets from the Declarant for the purpose of building Ncighbonc(xxl Services Buildings.
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1.15 "Neighborhood Services Buildings", refer to a specific classification of B-1
Commercial buildings as defined in the Bozzman Zoning Code and more specifically defined in the
Covenants for the Neighborhood Services portion of Sundance Springs_
1.16 "Mortgage" shall mean a Trust Indenture as well as a Mortgage.
1.17 "Mortgagee" shall mean a Beneficiary under, or holder of, a Trust indenture as well
as a Mortgagee under a Mortgage.
1.18 "Beneficiary" shall mean a Mortgagee under a Mortgage, as well as a Beneficiary
under a Trust Indenture.
1.19 "Architect" shall mean a person holding a certificate of registration to practice
architecture in the State of Montana or any State in the United States.
1.20 "Improvement(s)" shall include, but not exclusively, all buildings, outbuildings,
bridges, roads, trails, pathways, driveways, parking areas, fences, screening walls and barriers,
retaining walls, stairs, decks, water lines, sewer lines, springs, ponds, swimming pools, tennis courts,
lagoons, ditches,viaducts and electrical, gas and TV distribution facilities, hedges, windbreaks, crop
plantings, natural or planted trees and shrubs, poles, signs, loading areas and all other structures,
installations and landscaping of every type and kind, whether above or below the land surface.
1.21 "Capital Improvement(s)" shall mean an improvement or two or more interdependent
Improvements of a substantial nature benefitting the Association, Common Area, Park Land or
Parcel as a whole which, when undertaken, may reasonably be anticipated to require a projected
expenditure by the Association of a total amount greater than $10,000.00.
1.22. "Occupant" shall mean a lessee or licensee of an Owner, or any other person or entity
other than an Owner in lawful possession of a Lot or Lots with the permission of the Owner.
1.21 "Record", "recording", "recorded", or "recordation", shall mean, with respect to any
document, the recordation of said document in the office of the Clerk and Recorder of Gallatin
County, Montana-
ARTICLE If
AUTHORPTY
2.1 Authorit . T iese guidelines shall apply to the subdivision plats for Sundanee Springs
as recorded at the Gallatin County Courthouse. Declarant hereby declares that the entire Parcel,
more particularly described above, is, and shall be, conveyed, hypothecated, encumbered, leased,
owocd, built upon or otherwise used, improved or transferred in whole or in part, subject to this
Declaration. All of the Covenants set forth herein are declared and agreed to be in furtherance of
a general plan for the division, improvement and sale of the Parcel and are established for the
purpose of enhancing, conserving, and protecting the value, desirability and attractiveness of the
Parcxl and every part thereof. All of the Covenants shall run with the entire Parcel for all purposes
and shall be binding upon and inure to the benefit of the Declarant, the Association and all Owners,
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Occupants, and their successors in interest as set forth in the Declaration.
The Building and Landscape Review Committee and the Board of Directors is established
under the authority of this Declaration of Covenants, Conditions and Restrictions, .Articles of
Incorporation and By-laws of the Sundance Springs Neighborhood Services Owners Association and
the Montana Non-profit Corporation Act.
ARTICLE III
GENERAL COVENANTS
3.1 Owner's Ri t to Common AreA, Trails and Roads. Every Owner shall have a right
to use the Common Areas, Trails, and Roads as shown on the approved final plat of Sundance
Springs. The Owner's right to use the Common Areas, Trails, and Roads shall be appurtenant to and
shall pass with the title to every Lot, subject to the following Provisions:
a) The right of the Association to provide reasonable restrictions on the use of the
Common Areas,Trails, and Roads for the overall benefit of the Association and its
members including limitations on the number of guests permitted to use the Common
Area and restrictions or prohibitions on the type of activity and use including, but not
limited to, the use of firearms, fireworks, all motor driven vehicles, boats, loud
music, and loud parties in the Common Area or as otherwise specified in the Open
Space Management Plan;
b) The Open Space Management Plan and any other reasonable restrictions on the use
of the Common Areas,Trails, and Roads shall be enforced and implemented by the
Board of Directors.
c) The right of the Association to charge reasonable fees for the disproportionate use
by Owners or others of any recreational or other facility situated upon the Common
Area.
d) The right of the Association to suspend the voting rights and right to use of the
Common Area and Trails and the recreational or other facilities of the Association
by any Owner and/or Occupant for any period during which any assessment against
his Lot or person remains unpaid and for any infraction of its published rules and
regulations for any period the Association deems necessary.
e) The right of the Association to dedicate or transfer all or any part of its right to the
Common Area, Trails, and Roads to any public agency, authority, utility, person,
corporation or other entity for such purposes and subject to such conditions as may
be agreed to by the Association. No such dedication or transfer shall he effective
unless approved by sixty seven percent (67%) of the Directors.
f) The Sundance Springs Neighborhood Services Owners Association shall control and
maintain the common open space adjacent to the commercial lots and Ooldenstcin
Road and South 3rd Avenue and right-of-way of Little Horse Drive.
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3.2 Owner's Right to Parking Area. Every Owner shall have a right to use the parking
areas. The Owner's right to use the parking areas shall be appurtenant to and shall pass with the title
to every Lot or building subject to the following provisions: a) Compliance with the Bozeman City
Zone Code. b) The right of the Association to provide reasonable restrictions on the use of the
parking areas for the overall benefit of the Association and its members including restrictions or
prohibitions on the type of activity and use including, but not limited to, special sales events,
awmhandise display stands or tables, signs, fireworks, loud music, and loud parties in the parking
areas. c) The right of the Association to charge reasonable fees for the disproportionate use by
Owners or their clients of the parking area. d) The right of the Association to suspend the voting
rights and right to use of the parking areas of any Owner and/or Occupant for any period during
which any assessment against his Lot or person remains unpaid and for any infraction of its
published rules and regulations for any period of time the Association deems necessary.
3.3 Nuisance. No Owner, guest or invitee may use of occupy the Common Area, Trails,
Roads or any Lot in such a manner as to disturb or interfere with the peaceful use, occupancy or
enjoyment of any other Lot Owner in the subdivision. Violations shall be enforced as provided in
paragraph 8.1 and 8.2 of these Covenants.
3.4. Control and Management. The Association shall have the exclusive right and
obligation to manage, control, and maintain the Common Area, Trails and Roads, including but not
limited to the layout, design, and installation of any improvements in accordance with the Open
Space Management Plan for the Common Area-
3-S. Dcleption of Use. Any Owner may delegate, upon notification to the Association,
to the members of his immediate family, or contract purchasers who reside on the property, his right
of enjoyment to the Common Area, Trails, Roads, and facilities.
3.6 Reservation of Easements_ The Declarant reserves the right to grant and/or dedicate
an easement or easements in the streets, roads or at any other location on, over or across any Lot,
Common Area, or Trail for water, sewer, natural gas, electrical, telephone, or cable TV for the
installation, maintenance and repair of all such new or existing services and utilities.
3.7 Bjgbt of Access. The Association or its delegated representatives, or the Declarant
shall have the irrevocable right to have access across a Lot or Lots to each Neighborhood Services
building or Improvement on any Lot from time to time during reasonable hours as may be necessary
for the inspection, maintenance, repair, or replacement of any Improvements thereon in accordance
with Sections 7.5, 8.1, and 8.2. Such right of access therefore, shall be for the purpose of ensuring
compliance with the Committee approval and architectural controls in this subdivision. Except for
improvements owned by the Association or used by the Association for its benefit or that of its
members, all maintenance, repairs, or replacements on any Lot or on any structure thereon belonging
to any Owner shall, except as otherwise provided herein, be at the expense of the Owner thereof.
A similar right of access shall also be reserved and be immediate for the making of emergency
repairs therein in order to prevent property damage or personal injury. All damaged Improvements
shall be restored to substantially the same condition in which they existed prior to the damage. All
maintenance, repairs, and replacements of the Common area,Trails, Roads, and Improvements shall
be the common expense of the Assodation and all of the Owners, provided, however, if such
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damage is caused by a negligent or tortious act of any Owner, members of his family, his Occupant,
agents, employees, invitee(s), or licensee(s), then such Owner shall be responsible and liable for all
such damage.
3.8. Condition of Property. The Owner and Occupant of any Lot shall at all times keep
it and the buildings, improvements and appurtenances thereon in a safe, clean and wholesome
condition and comply, at its own expense, in all respects with all applicable governmental, health,
fire and safety ordinances, regulations, requirements an directives and the Owner of Occupant shall
at regular and frequent intervals remove at its own expense any rubbish of any character whatsoever
that may accumulate upon such Lot_
3.9. Maintenance of Grounds. Each Owner shall be responsible for the maintenance and
repair of all parking areas, driveways, walkways and landscaping of his Lot. Such maintenance and
repair shall include, without limitation:
(a) Maintenance of all parking areas, driveways and walkways in a clean and safe
condition, including the paving and repairing or resurfacing of such areas when necessary
with the type of material originally installed thereon or such substitute therefore as shall, in
all respects, be equal thereto in quality, appearance and durability; the removal of debris and
waste material and the washing and sweeping of paved areas as required; painting and
repainting of striping markers and directional signals as required;
(b) Cleaning, maintenance and relarnping of any external lighting fixtures except such
fixtures as may be the property of any public utility or government body; and
(c) Performance of all necessary maintenance of all landscaping including the trimming,
watering and fertilization of all grass, ground cover, shrubs or trees, removal of dead or
waste materials, replacement of any dead or diseased grass, ground cover, shrubs or trees.
Nothing,contained herein shall preclude an Owner from recovering from any person
liable therefore, damages to which such Owner might be entitled for any act or omission to
act requiring an expenditure by the Owner for the maintenance and repair of the parking area,
driveway, walkway and/or landscaping on his lot.
(d) Unless the Owner or Occupant personally performs the maintenance required
hereunder, each Owner and Occupant shall contract with the Declarant, the Association, or
other contractor for performance of all landscaping and parking lot maintenance required
hereby, and shall keep continuously on file with Declarant and/or Association a copy of the
current maintenance agreements.
3.10. RemedicifoLlFailureto Maintain and Re air,
(a) Remedies. if any Owner shall fail to perform the maintenance and repair required by
Section 3.9 , then Declarant and/or Association, after fifteen days prior written notice to such
delinquent Owner, shall have the right, but not the obligation, to perform such maintenance
and repair and to charge the delinquent Owner with the cost of such work together with
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interest thereon at an annual rate equal to the maximum rate allowed under Montana law
fitom the date of Declarant's and/or Association`s advancement of funds for such work to the
date of reimbursement of Declarant and/or Association by Owner. If the delinquent Owner
shall fail to reimburse Declarant and/or Association for such costs and such costs shall
remain unpaid for three months, Declarant and/or Association may file for and record a claim
of lien signed by Declarant and/or Association for the amount of such charge together with
interest thereon. The lien created by this section shall be effective to establish a lien against
the interest of the delinquent Owner in his Lot together with interest at the rate provided
above on the amount of such advance from the date thereof, in addition to recording fees,
costs of title search obtained in connection with such lien or the foreclosure thereof and court
costs an reasonable attorneys fees which may be incurred in the enforcement of such a lien.
(b) Foreclosure of Lien. Subject to the provisions of Article VI, such a lien, when so
established against the Lot described in said claim, shall be prior or superior to any right,
title, interest, lien or claim which may be or may have been aoquired in or attached to the real
property interests subject to the lien subsequent to the time of filing this Declaration. Such
lien shall be for the benefit of Declarant and/or Association and may be enforced and
foreclosed in a like manner as a real estate trust indenture is foreclosed in the State of
Montana-
(c) Cure. If a default to which a notice of claim of lien was filed is cured, Declarant and/or
Association shall file or record a rescission of such notice, upon payment by the defaulting
Owner of the cost of preparing and filing or recording such rescission, and other reasonable
costs, interest or fees which have been incurred.
(d) Nonexclusive Remedy. The foregoing lien and the rights to foreclose thereunder shall
be in addition to, and not in substitution for, all other rights and remedies which any party
may have hereunder and by law, including any suit to recover a money judgement for unpaid
assessments. If any Owner shall fail to perform such maintenance and repair and,
notwithstanding such failure, Declarant and/or Association should fail to exercise its rights
and remedies hereunder, then, the Association, after fifteen (15) days prior written notice to
delinquent Owner, shall have the right, but not the obligation, to perform such maintenance
and repair and shall have the same rights and remedies with respect thereto as are provided
herein to the Declarant and/or Association.
3.11. Condemnation on Common -Arca. If at any time, or from time to time, all or any
portion of Common Area, or any interest therein, be taken for any public or quasi-public use, under
any statute, by right of eminent domain or by private purchase in lieu of eminent domain, the entire
award in condemnation shall be paid to the Association and deposited into either the operating fund
or the development fund as the Association may, in its sole discretion, determine. No owner shall
be entitled to participate as a party, or otherwise, in any proceeding relating to such condemnation,
such right or participation being herein reserved exclusively to the Association which shall, in its
name alone, represent the interests of all owners; provided, however, that the portion of any award
relating to improvements which constitute a private recreation facility shall be divided equally
among the owners who, at the time of such taking, are permitted users of such facility.
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3.12. Re_ creational„Facilities. The Association shall have the right to construct such recreational
facilities in any portion of the common areas that may be approved by a majority vote of the members
voting at any regular or special meeting called in accordance with the provisions of these covenants.
3.13. eneral Ma'nt nance. The maintenance, alteration, replacement and/or repair of the
Common Areas, including all storm drain detention basins, culverts, stormwater manholes, outfall
ditches and roadside ditches, shall be the responsibility of the Association. The Association, as part of
its responsibility, shall maintain, repair and provide for snow removal and maintenance activities on
all roadways and constituting part of the Common Areas. The maintenance, repair and replacement of
all improvements on each Lot shall be the responsibility of the owner of such Lots and not the
Association, except as otherwise expressly set forth below. All roads are to be maintained by the
Association. The City Commission can cause written notice to be served demanding maintenance of
the Common Area
The maintenance of the onsite stormwater collection, detention and discharge release
appurtenances shall be integrated as part of the duties of maintenance personnel responsible for normal
grounds keeping. Duties shall include routine inspections to ensure that debris,yard waste,and seasonal
ice does not impede operation of the detention ponds, culverts, manholes, ditches and discharge
structures.These inspections shall occur after each major runoff event and on a continued monthly basis
throughout the year. All results shall be recorded and kept on file for future verification by regulatory
agencies. In addition to the routine inspections, annual inspections shall assess and mitigate, if
necessary, performance of the detention ponds, and release structures. Criteria shall include
accumulation of sediment and debris in the detention ponds. culverts, manholes and release structures
as well as any weather or vandalism related damage. Detention ponds and ditches shall be mowed on
a regular basis during the growing season so as to remain free of vegetation that might impede their
storage capacity.
3.14 Uwn are d Weed ConLrQl. Every lot owner shall be responsible for the care of his or
her lot including weed control. If a building is constructed on a lot, the landscaping shall be installed
within a reasonable length of time considering the season. Once installed, the landscaping, including
lawn, trees, shrubs, etc., shall be cared for and not allowed to deteriorate or become unsightly and
detract from the neighborhood.
Both unimproved and improved lots shall be kept free of weeds. If a lot must be cleared of
weeds and the Owner fails to do so after notice from the Association or any persons in the subdivision,
the weeds may be cleared and controlled and the cost and expense associated with such weed
maintenance shall be assessed the lot and such assessment may become a lien if not paid within thirty
(30) days of the mailing of such assessment.
Weeds shall be controlled in the open spaces and common areas by the Association.
The control of noxious weeds by the Association on those areas for which the Association is
responsible and the control by individual owners on their respective lots shall be as set forth and
specified under the Montana Noxious Weed Control Act, §87-22-22101, et, seq., MCA and the rules
and regulation of the Gallatin County Weed Control District Subdivision Noxious Weed Planning
Requirements as the same exist from time to time.
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3.15. Lot S limn - Consolidation. FILM 166 PACE421.3
(a) Two or more contiguous Lots within Sundance Springs may be combined, provided
notice of intention to consolidate such Lots is filed with the BLRC and the requirements of
(b) and (c)below are met. Such consolidated lots may thereafter be treated as one building
site, and such site may be subjected to these restrictions the same as a single Lot except for
the purpose of levying and collecting assessments.
(b) No Neighborhood Services Lot within Sundance Springs shall be split or divided or
subdivided, without consent of the BLRC and City of Bozeman.
(c) Any change in lot configuration shall be approved by the BLRC and appropriate
governmental authorities (City of Bozeman, Gallatin County, State of Montana).
3.16. Public Utilities. Declarant and/or Association reserve the right to grant consents for
the construction and operation of public utilities including, but not limited to interurban or rapid
transit, lines for electricity, telephone or telegraph, above or below ground conduits, and gas pipes
in and upon any and all streets now existing or hereafter established upon which any portion of the
Property may now or hereafter front or abut. Declarant and/or Association reserve the right to grant
consents and to petition the proper authorities for any and all street improvements such as grading,
seeding, tree planting, sidewalks, paving, sewer and water installation, whether it be on the surface
or subsurface, which in the opinion of Declarant and/or Association are necessary on or to the
Property. Notwithstanding the provisions of Section 3.17, Declarant and/or Association reserve the
right to approve above ground utility lines across the Property or any portion thereof on a temporary
basis for the purpose of construction, and such lines shall be permitted when required by a
government agency. The BLRC shall approve the designs and construction of all public utility
improvements within Sundance Springs.
3.17. Utility Lines and Antennas. No sewer, drainage, or utility lines or wires or other
devices for the transmission of electric current, power, or signals including telephone, television,
microwave or radio signals, shall be constructed, placed or maintained anywhere in or upon any
portion of the Property other than within buildings or structures unless the same shall be contained
in conduits or cables constructed, placed or maintained underground or concealed in or under
buildings or other structures. No antenna for the transmission or reception of telephone; television,
microwave or radio signals shall be placed on any Lot within the Property without the prior written
approval of Declarant and/or Association. Ham radio antennae are specifically prohibited. Nothing
contained herein shall be deemed to forbid the erection or use of temporary power or telephone
facilities incidental to the construction or repair of buildings on the Property.
3.18. Waterways. The Owner or Occupant of any Lot shall at all times conduct its use and
activities in a manner that will preserve the integrity of waterways within the Common Area
including the prevention of any degradation of water quality, any reduction or increase in the flow
of said waterways, any damage to the stream bed or banks of said waterways. The Owner or
Occupant of any Lot shall not conduct or permit the conduct of the following activities:
(a) The discharge of any liquid, solid, or gas into waterways;
12
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(b) The use of any fertilizers or herbicides other than those specifically approved by
Declarant; or the polluting of waterways; or
(c) Any refuse encouraging activities.
3.19. AMiggment of oweesI Any and all of the rights and powers vested in Declarant
pursuant to the Covenants may be delegated, transferred, assigned, conveyed or released by
Declarants to the Association, and the Association shall accept the same, effective upon the
recording by the Declarants of a notice of such delegation, transfer, asssignnnent, conveyance or
release.
3.20. Variances. The BLRC may allow reasonable variances and adjustments of the
fbregoing Covenants in order to overcome practical difficulties and prevent unnecessary hardships
in the application of the Covenants contained herein, or to grant variances in regard to the
requirements contained herein, or to grant variances in regard to the requirements contained in
Artiide VU, for the purpose of enhancing views, utilizing a lot to better advantage, preventing the
MMNA al of trees, and enhancing the placement of improvements on the property, provided this may
be done in conformity with the intent and purpose thereof, and also provided in every instance that
such grants or adjustments shall not be materially detrimental or injurious to other property or
improvements in the neighborhood.
3.21_ Business Hours. The hours of business for all uses within the Neighborhood
Services any shall be 7:00 am. to 9:00 p-m. unless otherwise allowed by the City of Bozeman.
ARTICLE IV
SUNDANCE SPRINGS NEIGHBORHOOD SERVICES OWNERS ASSOCIATION
4.1. Creation. The Association shall be created as empowered pursuant to the Articles and
Bylaws prior to the conveyance of any lot, until such time Declarant shall have all the authority
vested in the Association
4.2. EU pose of won_ The Association has been formed as a non-profit corporation
in accordance with Chapter 2 of Title 35, Montana Code Annotated for the purpose of enforcing
these covenants and operating the Association for the benefit of all members therein.
4.3. DyJaws of and for &—sociation. The Bylaws of and for Sundanc a Springs
Neighborhaod Services Association establish membership in and the duties, powers, operations, and
rights of the Association and the members therein. The Amociation shall be governed by and
empowered to act in accordance with the Bylaws.
4.4, Membershi12io . Every person, group of persons, partnership,
corporation, or association who is a fee owner or condominium owner of real property within the
boundaries of the area described as Sundance Springs Neighborhood Services property on file and
of record in the office of the County Cleric and Recorder of Gallatin County, Montana, shall be a
13
member of the Association. By this provision, each tract as shown on the plat and amendments
thereto shall entitle the Owner of one membership interest in the Association.
Multiple Owners of a single parcel of real property would have collectively one such
membership or voting interest_ If more than one tract is owned, the Owner or Owners thereof would
have one membership or voting interest for each separate parcel of real property.
Membership interest shall run with the land so that said interest is an incident to ownership
beginning when ownership rights are acquired and terminating when such rights are divested.
Accordingly, no member shall be expelled, not shall he be permitted to withdraw or resign while
possessing a membership interest.
4.5. Voting Rights The Association shall have one class of voting membership. The
members shall be all Owners with the exception of the Declarants. Members shall be entitled to one
vote for each lot owned. When more than one person holds an interest in any Lot, all such persons
shall be members. The vote for such Lot shall be exercised as they among themselves determine,
but in no event shall more than one vote be cast with respect to any Lot.
ARTICLE V
DIRECTORS' MEMBERSHIP AND VOTING RIGTI'I'S
5.1 Membershi . The Board of Directors shall be three (3), the initial Board shall be two
(2) persons. At such time as the Board in its discretion believes it to be in the best interests of the
Association, it may increase the Board upon resolution. one (1) of the three (3) Directors shall be
residents of Gallatin County, Montana.
Until December 31, 2005, or until 75% of the lots have been sold and title transferred to
Owners, whichever occurs first, the Declarant reserves the right to appoint and remove all members
of the Board and to exercise the powers and responsibilities otherwise assigned by the Declaration
of the Association. By express written declaration, Declarant shall have the option to at any time
turn over to the Association the total responsibility for electing and removing members of the Board.
Members of the Board and their officers, assistant officers, agents and employees acting in
good faith on behalf of the Association:
(1) shall not be liable to the Owners as a result of their activities as such for any mistake of
judgement, negligence or otherwise, except for their own willful misconduct or bad faith;
(2) shall have no personal liability in contract to an Owner or any other person or entity
under any agreement, instrument or transaction entered into by them on behalf of the
Association in their capacity as such;
(3) shall have not personal liability in tort to any Owner or any person or entity, except for
their own willful misconduct or bad faith.
(4) shall have no personal liability arising out of the use, misuse or condition of the Property
14
=�M i86?A� 4'A'2116
which might in any way be used against or imputed to them as a result of or by virtue of
their capacity as such.
5.2. Notice and Ouorum_For Any Authorized Action. All Director meetings shall require
the presence of Directors entitled to cast a minimum of fifty-five percent (55%) of all votes of the
Directors. The presence of Director(s) entitled to cast fifty five percent (55%) of all votes of the
Directors shall constitute a quorum.
5.3 Meetings. There shall be a minimum of one (1) meeting per year called by the
Directors at a date, time and place as shall be determined by the Directors. In addition, the President
of the Directors has the right to call as many meetings as he deems necessary in order to perform all
functions of the Directors in an efficient and professional manner.
5.4. Hired Officers and Contractual Agreements. The Directors shall have the authority
to hire additional professional officers or other personnel which they deem necessary for the smooth,
efficient, and professional functioning of the Association. They may include, but not be limited to
a manager, secretary, treasurer, accountant, and maintenance personnel. The Directors shall also
have the authority to snake contractual arrangements with outside entities, including but not limited
to an adtorney, accountant, engineer, maintenance contractors, and building contractors to provide
for the smooth, efficient, and professional functioning of the Association.
ARTICLE V1
ASSESSMENTS
6.1. Amxssments. The Association, acting through the Board of Directors, shall have the
power to levy assessments on its members.
6.2. Creation of_Uen and Personal Obligation of Assessments. The Declarant, for each
Lot owned within the properties, hereby covenants and each Owner of any Lot by acceptance of a
deed thereof, whether or not it shall be so expressed in such deed, is deemed to covenant and agree
to pay to the Association: a) Annual assessments or charges; b) Special assessments;
Such assessments are to be established and collected as hereinafter provided. The annual and
special assessments shall be a charge on the land and shall be a continuing lien upon the property
against which each such assessment is made. Each such assessment, together with interest, costs,
and reasonable attorneyS fees shall be the personal obligation of the person who was the Owner of
such property at the time when the assessment fell due_
6.3. Purpose of&gssments. The assessments levied by the Association shall be used
exclusively to promote the recreation, health, safety, and welfare of the Owners, Sundance Springs
and the Association and for the improvement, repair, maintenance, and protection of the roads,
Common Area, Common Area facilities,trails, Park Land, conservation of the natural amenities on
the Parcel, and the Parcel for the interest of the Owners therein. As such, these purposes may also
include, but shall not he limited to, funding for: the payment of taxes, the purchase of insurance for
the Common Area and risks involving the Association or its Directors; maintenance (including snow
is
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removal) of roads, parking areas, utilities, streams, creeks, drainage ditches, ponds, trails, bridges
and other improvements or easements owned by the Association or used by the Owners in common;
the establishment, maintenance and protection of pastures, lands, crops, streams, creeks, drainage
ditches, ponds, lagoons, timber, wildlife and animals within the Parcel; the planting, cultivating,
mowing, maintenance, harvesting and cutting of fields, grass, weeds or lands within the Parcel; the
construction, maintenance and repair of all Improvements, including buildings, structures, ponds,
lagoons, drainage ditches, utilities, recreational facilities owned by the Association and constructed
on the Common Area or elsewhere for the benefit of the Association; and the cost of labor,
equipment, services, materials, management, protection and supervision of the assets and interests
of the Association.
6.4, Annual Assessments. Annual assessment shall be determined by the Directors in an
amount estimated to cover the normal operating expenses of the Association for each year as
determined in conformity with standard accounting practices, together with such additional amounts
as may, in their reasonable judgement, be necessary to cover any past deficits from operations of the
Association. Annual moments shall be apportioned among the individual Lot Owners according
to the square footage of the Owners building regardless of lot size, proximity to the Common Area,
percentage of street use, or any other variables which may be deemed more or less favorable to an
individual lot.
6.5. Special Assessments. In addition to an annual assessment to cover the Association's
operating expenses, the Association, by an action of its Board, may levy, in any assessment year, one
or more special assessments for the purpose of reserving or paying for, in whole or in part, the cost
of any construction, reconstruction, maintenance, repair or replacement of a Capital Improvement
of the Association upon the Common Area or Park Land including fixtures and personal property
related thereto, and for such other purposes or projects benefitting the Association and its interests
provided that any such assessment shall have the assent of two-thirds of the votes of the Directors
at a meeting called for this purpose. Nothing stated herein shall restrict the right of the Association
to provide for the repayment of the special assessment, and upon terms and conditions it deems
appropriate, including the collection of interest on the deferred balance.
6.6. Notice and Quorum for Any Action Authorized in Section 6.4. Written notice of any
meeting called for the purpose of talong any action authorized under Section 6.4 of Article VI shall
be sent to all Directors not less than ten (10) days nor more than thirty (30) days in advance of the
meeting. At the first such meeting called, the presence of Directors entitled to cast fifty five percent
(55%) of all the votes of the Directors shall constitute a quorum. If the required quorum is not
present, another meeting may be called subject to the same notice requirement, and the required
quorum at the subsequent meeting shall be one-half of the required quorum at the preceding meeting.
No such subsequent meeting shall be held sooner than fifteen (15) days following the preceding
meeting.
6.7 Uniform Rate_ of Assessment. Both annual and special assessments will be
determined according to the square footage of the Owner's building and may be collected on a
monthly or a quarterly basis; provided, however, when in the judgement of the Directors, a Capital
Improvement is of a nature that uniquely restores damages or provides value only to certain
individual L A Owners then, to the extent determined by the Directors that such Improvements are
16
not beneficial to the Association as a whole or to the Owners of Lots in general, such portion of costs
which solely contribute to those certain individual Lots may be prorated, scheduled and assessed
among only those Owners of Lots affected.
6.8. Date of Commencement of Annual Assessments: Due Dates The annual assessments
shall be assessed on a calendar year basis. The first annual assessment shall be adjusted according
to the number of months remaining in the calendar year. The Directors shall fix the amount of the
annual assessment against each Lot at least thirty (30) days in advance of each annual assessment
period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The
due dates shall be established by the Directors. The Directors shall, upon demand, and for a
reasonable charge, furnish a certificate signed by an officer of the Directors setting forth whether the
assessments on a specific Lot have been paid.
6.9. Effect of Nonpayment of Asscsxments: Remedies of the Association. Any
assessment not paid within thirty (30) days after the due date shall be subject to a laic charge and
interest at the highest rate allowable by lava. The Association may record a notice of lien against the
property and bring an action at law against the Owner personally obligated to pay the same, or
foreclose the lien against the property in the same manner as a mortgage on real property, and the
Association shall be entitled in any such actions or foreclosure proceedings to recover its costs,
expenses and reasonable attorneys fees. No Owner may waive or otherwise escape liability for the
assessments provided for herein by non use of the Common Area or abandonment of his Lot.
6.10. Subordination of Lien to First Mortgage. The lien of the assessments provided for
herein shall not be subordinate to the Gen of any first mortgage. Sale or transfer of any Lot shall not
affect the assessment lien, whether such lien arises prior to such sale or transfer, or thereafter
becomes due_
6.11. Declarant Assessments. For the purpose of assessments, any Property owned by the
Declarant shall be subject to the same assessments and provisions of these Articles of any other
Owner.
ARTICLE V11
ARCHITECTURAL CONTROL
7.1. Intent. The architectural and design Covenants and guidelines which follow are
intended to compliment the Boreman Zoning Code and any future protective covenants which
govern this project, and to clarify the intention for the design of buildings for this project.
Specifically, these guidelines set forth design criteria which address the building design and location,
landscaping, lot density, and other improvements. The intent of these guidelines is to allow as much
flexibility as possible while at the same time define a minimum level of quality and consistency of
building design which will be consistent with and maximize the quality of the overall project. The
unique design elements of the Developer, Building Contractor, Architect, and Owners for both the
landscaping and the buildings will be respected, and individual expression is encouraged, provided
they are harmonious with the overall plan of the Project.
Except insofar as its duties may he extended with respect to a particular area by the
17
RN 18bfM[4&2'i9
Association, the Committee shall review and approve or disapprove all plans and specifications
submitted to it for any proposed improvement.
No construction or alteration of any improvement or any work affecting the external
appearance of any improvement shall be made, erected, altered, placed or permitted to retrain upon
the Lot until a site plan, floor plans, elevations, exterior details, specifications and landscaping
showing the design, location, material (s), and color(s) together with the name of the contractor shall
have been submitted to and such site plan and specifications are approved in writing by the
Committee.
7.2. Membership of Building and Landscape Review Committee. The Committee shall
consist of three(3) members appointed by the Directors. It is also suggested that at least one of the
members of the Committee have professional qualifications in the area of architecture.
7.3. Standards for Review. It shall be the applicants responsibility to ensure that all
proposed construction shall comply with the Uniform Building Code, National Plumbing Code and
the National Electrical Code, and the Design Guidelines. All plans must be harmonious with the
overall plan for the development. All plans, materials and specifications roust be suitable to the site,
adjacent properties and the neighborhood. All improvements must be compatible with the
surrounding properties so as to not impair or degrade property or aesthetic values.
7.4. Approval or Dis roval by Building and LandscPM Review Committee. The
Committee has fifteen (15) days to approve or disapprove the location, construction design,
landscaping, and materials used for the home. This fifteen (15) day approval time period will not
start until after the detailed site plan, floor plans, roof plans, exterior details, project specifications,
color samples, sample materials and landscaping plans have all been submitted to it. The Committee
may request additional plans, project specifications, color samples, sample materials or landscaping
plans. Upon approval the Owner may commence construction in accordance with said plan, but any
deviation from said plan which, in the judgement of the Committee, is deviation of substance from
either the Design Guidelines; the requirements of this Declaration; a detriment to the appearance
of the structure or to the surrounding area shall be promptly corrected to conform with the submitted
plan by the Owner or corrected by the Association at the Owner's expense as provided in these
Covenants-
7-5. ImMction_of Work. Upon the completion of any Improvement, if the Committee
finds that such work was not done in strict compliance with all approved plans and specifications
submitted or required to be submitted for its prior approval, it shall notify the Owner and the
Directors of such noncompliance, and shall require the Owner to remedy the same. if, upon the
expiration of seven (7) days from the date of such notification, the Owner has failed to commence
to remedy such noncompliance, the Directors shall determine the nature and extent of
noncompliance thereof and the estimated cost of correction or removing the same. The Directors
shall notify the Owner in writing of the Director's estimated cost of correction or removal. The
Owner shall then only have five (5) days to commence such remedy and thirty (30) days to complete
such remedy. If the Owner still does not comply with the Director's ruling within such five (5) day
period, the Directors, at their option, may withe remove the noncomplying Improvement or remedy
the noncompliance, and the Owner shall reimburse the Association upon demand for all expenses
18
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incurred in connection therewith. If such expenses are not promptly repaid by the Owner to the
Association, the Directors shall levy an assessment and file a lien against such Owner and the
Impmmcment in question and the land on which the same is situated for reimbursement and the same
shall be enforced and/or foreclosed upon in the manner provided for by law for mortgages.
The Committee may inspect all work in progress and give notice of noncompliance as
provided above.
7.6 Design-Submittal.
a) Site plans including landscaping, driveways, walks and decks. (Scale; 1/8" = 1'-0" or
similar engineering scale)
b) Complete construction drawings - Two (2) sets shall be submitted to the Committee for
approval. each set shall include floor plans, exterior elevations of all sides, roof design,
specifications and any construction details_ (scale 1/4" = V-0")
c) Samples of all exterior materials with their respective color proposals in an adequate size
to evaluate properly. 'The time allowed for review of the plans will be no longer than 15 days from
the time all design submittal requirements are received by the Committee. The time for plan review
shall be adjusted accordingly if plans are submitted during any holidays. Approval of plan submittal
shall require a majority by the Committee.
d) A review fee will be required at the time of submission of all the design submittal
documents and materials. The Owner shall submit the required design review fee to the Committee.
The purpose of the design review fee shall be to defray the Associations- cost of review of all
proposed site plans and specifications submitted to them. The fee, which shall be set by the
Directors from time-to-time shall initially be $50.00.
7.7 Stari of Construction. There shall be no construction work initiated without a
building permit issued by the City of Bozeman and without written approval of the plans by the
Committee. All building construction and landscaping must conform to both the final approved
plans by the Gty of Bo7erna n and the Committee. Vacant lots shall be maintained by the Owner at
the Owner's expense in accordance with these Covenants including mowing for fire safety and the
control of noxious weeds.
7.8 Qompletion. All work on any improvement in the Neighborhood Services property
once started must be continued on a continuous and diligent basis until completion which shall not
exceed 18 months without appnwal from the BLRC.
ARTICLE VI1I
BUILDING AND SITE DEVELOPMENT
8.1 Intent of Design Criteria. The primary goal is to ensure that the proposed Project
design including landscaping maintains or exceeds the general level of quality, size, appearance, and
marketability as is commensurate to the higher quality residential lots and homes adjacent to it and
higher quality Neighborhood Services huildings in general. All initial or subscqucnt improvements
to the privately owned Lots shall be subject to the following architectural and landscaping
19
F
F IL'4 18 �L14221
requirements and guidelines. Approval by the Sundance Springs Building and Landscape Review
Committee shall be obtained prior to application to the City of Bo/eman for a building permit. The
submittal requirements for review by the BLRC are specified herein. The BLRC shall have no
Power to approve any structure failing to meet, at rninimurn, the conditions set forth in this
Declaration.
8.2 General Re labors. All lands within Sundance are subject to the zoning regulations
Of the City of Bozeman except for any variances thereto granted by the City of Bozeman as shown
on the Sundance Springs plat as filed in the Gallatin County Courthouse, All such variances to the
zoning requirements of the City of Bozeman shall be specified on the final plat noted above or
within the body of this Declaration.
In addition to these Regulations, building design may be regulated by City, County, State and
Federal regulatory agencies having jurisdiction. The Owner or his or her agent shall be responsible
to erasure conformance with any applicable regulations, and should check with the City of Bozeman,
Gallatin County, and State of Montana Building Codes Division to verify that the most recently
adopted edition of any applicable regulation is being used. No construction of, or alteration to, any
improvements, whether temporary or permanent, including but not necessarily limited to buildings,
fences, walls, earthwork, paving, vegetation, signs, or secondary structures such as utility or trash
enclosure, antennas and storage tanks shall be commenced on any lot prior to receiving the written
approval of the BLRC and the City of Bozeman_
Interior modification and/or improvements that do not alter the exterior appearance of a
building, or the site improvements, shall not require the approval of the BLRC although an Owner
is responsible to check with the City of Bozeman to see if such interior modification and/or
improvements requires their approval.
83 Density. Allowable Uses. Allowable Areas and.,Setbacks.
a) Derma. The density of the Neighborhood Services portion of the Sundance Springs
subdivision shall be the same as that allowed by the Neighborhood Service District of the Bozeman
Zone Code.
b) Permitted Uses. Permitted uses shall be those allowed on the Bozeman Zone Code
for the Neighborhood Service District.
e) Buildable Area. Each lot in Sundance Springs shall have a buildable area determined
by building or structure setbacks as allowed in the Bozeman Zone Code for Neighixfrhood Service
District. All construction other than landscaping improvements shall be limited to this buildable
area.
d) yilding Setbacks. All buildings or structures shall have a minimum of a fifty (50)
foci setback from the streams or ponds on the property. Unless otherwise specified, the setbacks are
to he those as allowed by the Borman Zone Cade for Neighborhood Services.
8.4. HeJdht Limits. The maximum building height for a building is thirty four (34) feet.
8.5 Minimum and Maximum Building Sues.
20
a) Minimum. The minimum building size is 1,200 square feet.
b) Maximum. The maximum building size is 5,000 square feet.
8.6. Foundation Desi . All building foundations shall be constructed "high" to avoid
potential problems with high ground water.
ARTICLE IX
BUILDING GUIDELINES
9.1 Intent. The intent of the following Building Guidelines is to provide for a degree of
continuity among the buildings in the Neighborhood Services property and with the residential
pmperty within the Sundance Springs Subdivision. Furthermore, the intent is to establish minimum
standards to ensure that the type of building constructed is comparable to and blends with the
eclectic styles of housing found in the surrounding developments, and that the type of building
avoids the appearance of "Commercial Development". The purpose of the design theme is to
provide functional and cost effective structures that have a residential character.
9.2. Roofs. Roofs are a major element in the building design and therefore will be
emphasized by the Building and Landscape Review Committee.
a) Shape and Form. Early structures in Gallatin Valley responded to the severe climate
with traditional roof forms that dealt with the sometimes heavy snow loads. It is the intention of
these Guidelines to require traditional gable, hip, and shed roof designs used in creative and
aesthetically pleasing combinations. The traditional forms not only help establish the rural feel
desired, but also make the structure more practical for the owners. Secondary roof forms are highly
recommended in designs for Sundance Springs. These are particularly useful to give proper scale
to large roof masses. They can be particularly effective when special care is given to their massing
and pattern. For further illustration see the drawing below.
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In additions no roof ridge line shall extend more than forty (40) feet without interruption by
an interswing roof line, secondary roof structure, or step down roof in order to break up the overall
roof mass. See drawing below.
4"
OCT AiMa TECMkTDDF
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22
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176 fni. 42124
b) Pitches. 'ire minimum roof pitch shall be 6:12 for the major components of any roof.
Minor components and secondary roof structures, such as shed roofs and dormer roofs may have
Pitches as low as 4:l2. No component of any roof shall have a pitch less than 4:12. Although, under
certain special circurnstances the roof design may incorporate as a minor component of the overall
roof design a flat roof.
c) Secondary Roof Structures. Dormers, skylights, chimneys and solar collectors are
considered secondary roof structures. Dormers and most other secondary roof structures are
encouraged, both to add interest and scale to major roof areas and to make habitable use of space
within the roofs. Dormers and other secondary roofs may have gable, hip or shed forms and may
be stacked in multiple forms.
When designing the location of skylights, consideration should be given to both the interior
and exterior appearance of the unit_ L.oeations should also be coordinated with window and door
locations. Skylights shall be located away from valleys, ridges and other areas where drifting snow
and snow ice may hinder the performance and safety of the unit.
Solar collectors can he unsightly, and therefore, shall be integrated into the overall roof design,
and shall be placed parallel with the slope of the roof or wall of the building.
d) Eaves Soffits and Fascias. All major roof components shall have a minimum
horizontal cave projection of 18 inches measured from the finished wall. Minor roof structures may
have a reduced cave projection as necessary to maintain proper proportion or for a specific
architectural effect demonstrated to the Committee. Eaves may have a horizontal or angled return
to the wall. Soffits shall he required to cover all rafter tails and rough framing material except where
framing members are finished and protected from exposure. All roof edges shall have a minimum
fascia of 6 inches in height. For further illustration see drawing below.
23
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TYMCAL
9.3 Roofing Materials. Roofing materials enhance the building and need to be
compatible with the single family residential neighborhood. The recommended roofing materials
are natural cedar shakes or shingles, or tile. Fiberglass or asphalt composition shingles in an
"architectural" grade are acceptable with approval from the BLRC. Other materials may also be
considered, but must have written approval from the BLRC.
9.4 Gutters Down smmts and Flashin . Gutters and Down spouts are allowed but they
must be of a color and finish that blends with the finish colors of the structure. Unpainted gutters,
Down spouts or flashing will not be allowed. Flashing materials shall be of copper or painted or
anodized sheet metal.
9.5 Roof Mounted Equipment and Ventilating Roof Protections. All roof mounted
equipment shall be integrated into the overall roof design and screened. All roof mounted HVAC
equipment will be screened from view within an architectural element consistent with the design of
the building and oriented away from the street side of the building. All sewer, bath fan, hot water
heater, wood or gas stove, or other roof venting stacks shall be painted a color as similar as possible
to the roof material color.
9.6 FI&rior Walls. The exterior walls are one of the most important aesthetic elements
in the building design and will reflect the image of the entire subdivision. Elements of specific
concern are scale, proportion, texture and color. The scale and proportion of the exterior walls must
have inherent interest and diversity, and har-nonize with the high quality nature of the subdivision.
All buildings will be of new construction and there will be no manufactured, mobile, pre-assembled,
or modular buildings allowed.
24
a) Material. The materials that are acceptable to provide the desired texture are real
stone and brick, wood siding which is painted or stained, and stucco. Color lok siding and vinyl
siding may be acceptable provided it is of high quality and simulates wood materials faithfully, but
will only be considered on a case by case basis by the BLRC. Steel or aluminum siding, standard
usages of plywood sidling, such as TI-11, and most simulated stone, brick or wood are all
unacceptable. Simulated stone and new building materials that maintain the aesthetic character of
the subdivision will be considered by the Committee.
b) jors• The colors used shall be earth tones and should harmonize and compliment
the surrounding site and neighboring buildings. Off whites, shades of grey, as well as pale blue and
green are considered acceptable. Trim may be more colorful and contrasting in order to add visual
interest.
c) Concrete. Exposed concrete shall be limited to a maximum of 8 inches from the
bottom of the siding to the finish grade. Exposures of more than 8 inches shall be covered by shrubs,
masonry veneer, texture concrete surface such as exposed aggregate or synthetic stucco.
d} Chimncys. Chimneys, other than those used to ventilate heating system exhausts,
may exit the building on an exterior wall or within the structure. When part of an exterior wall they
may be used as an accent form to break up the mass of the wall. They shall be of a material that
compliments other exterior finishes. Acceptable materials include brick, natural stone, stucco, or
wood framing when the finished wood material is the same as the siding. See drawing below for
further illustration.
i
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PROPER IMPROPER
e) Wall Form. No wall shall consist of a single finish treatment for more than 14
horizontal feet without interruption by a wall projection or a different siding material, window, wall
comer, chimney, wall recess, porch or other architectural form that adds interest.
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f) Windows and Doors• Windows are an important architectural element and therefore
are required to be designed in a manner consistent with the residential area of the subdivision.
Additionally, projections and recesses and divided light windows are encouraged to accentuate a
residential feel. All windows shall be of double or triple glazing. Low "E" coatings are permitted,
but no mirror glxning shall be allowed. All windows and sliding glass, french or atrium doors shall
be vinyl, aluminum clad wood or similar material acceptable to the BLRC. A specific brand of
plastic windows may be approved by the Committee, but a sample will need to be produced to the
Committee. Unclad custom guilt windows for individual applications shall be trimmed and painted
to appear the same as the other windows in the structure.
The patterns, sizing, symmetry (or asymmetry) of windows and doors determines the scale
and feel of a home. The Committee will require that the following aspects be carefully addressed
in the window and door design_
1) Consistency of types and shapes.
2) Special shapes for "future" windows in appropriate areas.
3) Window patterns consistent with design of the structure,
9.7 Decks Balconies and Porches. Decks, balconies and porches shall be designed to
enhance the overall architecture of the building by creating variety and detail on exterior elevations.
Combinations of covered decks, projecting balconies and bay windows shall be encouraged.
Low level decks shall be started to grade. Decks which are on the second story (that are not
cantilevered)and high off the ground shall either be sided down to a continuous concrete grade beam
and sided with the same siding as the main body of the structure, or they shall be required to have
additional mass and size in the vertical support posts and a soffit treatment to the under side of the
deck which is approved by the Committee. Treated Douglas Fir, except in certain structural
members, is not an acceptable decking material.
9.8 Parr. Each Neighborhood Services building is required to have at least the
minimum number of parking spaces as defined in the Neighborhood Service District of the Bo7.eman
Zone Code. There will be no long term storage of cars or other vehicles in the parking lots. Parking
of cars, trucks or any other vehicle in streets is prohibited.
9.9 Energy Considerations. All structures shall be designed so that the primary source
of heat is natural gas or electricity. The use of wood, wood bi-products or coal burning appliances
as the major source of heat is prohibited. All wcxxl bunting devices except fireplaces shall be fitted
with catalytic converters.
ARTICLE X
SITE DEVELOPMENT AND LANDSCAPE GUIDELINES
All site improvement plans shall be reviewed and approved by the Sundance Springs
Building and Landscape Review Committee prior to commencement of construction or alteration.
Minor adjustments to the building and landscaping after initial construction shall not require
submittal of plans. Minor adjustments shall include replacement of dead or dying vegetation and
the addition of trees, shrubs or other landscaping features providing that such additions are consistent
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with the Site Development and Landscape Guidelines.
10.1 Street to Parking Access and Culverts. All entrances to parldng areas shall be
surfaced with asphalt or concrete. Entrance culverts shall have attached flared ends of sheet metal
or concrete construction. Culvert ends, not counting the flared ends, shall extend a minimum of 4
feet beyond the edge of the parldng entrance. All culverts damaged by construction shall be replaced
prior to final surfacing of the entrance pavement. The number of entrances allowed will be
determined by the Bozeman Zone Code for the Neighborhood district.
10.2 Driveway Swale.Prohibitions. No Lot owner shall fill or obstruct the natural flow
of any borrow ditch or drainage swale with the exception of the materials placed for the location of
the driveway culvert. No barrow ditches may be filled.
10.3 Si . Sidewalks, constructed to City standards, shall be installed at the time
buildings are constructed on individual lots. Upon the third anniversary (3 years) of the final plat
recordation, any lot owners who have not constructed their sidewalks shall be required to install
sidewalks on their lots, regardless of whether a building is constructed on the lot or not.
10-4. Fenacs. One of the primary goals of Sundance Springs is to create an atmosphere that
is open and expamsive. Perimeter lot fencing is not allowed and fencing for loading areas and
mechanical equipment is the only type allowed.
10.5 Priyja Sc,-reenin . Privacy screens will be allowed but must be constructed of wood
siding(same as the main building), stucco, brick, or stone materials, and they shall be an integrated
part of the main building. Plans for privacy screening must be submitted and approved by the BLRC.
10.6 Antennas and Satellite Dishes. Smaller dishes of the latest technology will be the
only kind allowed. These dishes must be hidden from view and shall require Committee approval.
10.7 rior Lighting. All light fixtures shall be arranged to deflect down and/or away
from adjoining properties or streets. Lights cannot be higher than the height of the building or 20
feet, whichever is less. Light fixtures must incorporate cut-off shield to direct light downward.
Fixtures should be compatible with architecture and site design. Luminaries shall not be visible from
adjacent streets or properties. Additionally, all lighting for the buildings and walk areas shall be
concealed or recessed into the structure. Lighting for signs shall be limited to landscape type
lighting. In cases where internal lighting of signs is required, the signs shall be approved by the
BLRC and the Bozeman Planning department.
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10.8 Utilities. All utilities including, but not limited to, natural gas, electricity, telephone
and cable T.V. shall be located underground.
10.9 to Sheds. Storage sheds must be approved by the BLRC and must be an integral
part of the design of the building so that all storage is attached to the building.
10.10 em ora Structures. No temporary structures, trailers, campers, motor homes,
tents, shacks, or similar structures shall be used on
construction. any lot except as an office hailer during
10•11521id Waste Containers. All rubbish, trash, and garbage shall be regularly removed
from the property and shall not be allowed to accumulate thereon, Dumpster enclosures shalt be
designed in the same style and material as the main building.
10.12. Mail Boxes. Mail boxes shall be designed in accordance with US Postal regulations
and approved by the local postmaster,
10.13 COnstruction Dehris Materials t ra e 40 90APLRD. Construction materials shall
not at any time prior to or during construction be placed or store in the street or placed anywhere else
so as to impede, obstruct or interfere with
pedestrians within the street right-of-way. All construction
materials shall be removed from the entire lot within thirty (30) days of substantial completion of
construction.
Construction sites shall be kept clean, rwal, and well organized
dcMs shall be the �nsibility of the Building Contractor an Dvi►ner and hall be ke M Ancons,ean ruct
Rand
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properly stored on a daily basis. If construction debris blows onto another owners lot it is the
responsibility of the Owner's Contractor to clean it up immediately. Of particular concern to the
Declarant is street cleanliness. Any construction debris, and most especially dirt, gravel, rocks, and
concrete which find their way into the street shall be removed immediately from the street and be
brought back to a broom clean condition or clean-up costs and a fine may be levied and enforced.
10.14 SS. Signs shall not be permitted on the private, public or commonly owned lands
within Sundance Springs except for signs for individual buildings and uses as permitted by the
Bozeman Zone Code for Neighborhood Services District. All signs will be required to receive a City
of Bozeman permit prior to commencement of construction except for:
a) Temporary construction signs shall be allowed on the same lot as the construction
activity provided that they are removed upon substantial completion of the building.
b) One temporary sign advertising a lot or building for sale shall be allowed provided
that it does not exceed 6 square feet on any one face and that it is removed when the lot or building
is sold.
c) Directory signs may be placed in the Common Area in open space so long as such
sign is approved by the Association and the City of Bozeman as necessary.
d) During the period in which the property is being sold, the declarant may erect
"Subdivision For Sale" type signs in accordance with the Boin sign regulations.
10.15 Land nQ. Landscaping will be required to enhance the value of the property and
the aesthetics of the site. The entire site shall be landscaped, including up to the actual edge of the
road, or parking lot and all owners are required to maintain their grounds. Landscape, grading and
irrigation plans shall be submitted and approved by the Committee concurrently with the completion
of the building. in looting bushes and trees, consideration must be given to surrounding neighbors
concerning view corridors. Rock and gravel type ground covers will not be allowed as landscaping
but may be allowed for certain specific non-landscaping uses. All such uses must be approved by
the Committee. This limitation does not apply to specific large rocks or rock clusters being used in
an artistic manner. Where lawn is planted an underground sprinkler system will be required.
Organic fertilizers are recommended rather than chemical fertilizers an should be applied when plants
are active.
10.16 Lrandscapin_Maintenance. Lawns and landscaping shall be maintained in a manner
which shall not detract from the appearance and value of the adjoining lots or diminish the aesthetics
of the Subdivision. Infractions will be dealt with as defined in these Covenants.
10.17 Irces. There will be a minimum of trees required per lot installed with initial
landscaping pursuant to the Bozeman Zoning( ode, and all trees will be a minimum of ten (10) feet
in height. Thirty percent (30%) of the required trees shall be conifers.
Trees are encouraged to be planted in clusters rather than at regular intervals around the
property. Shrubs and flowers can be used to provide a transitional mass from the tree clusters to the
lawn surfaces. Deciduous trees and shrubs can be placed on the southern and western side to provide
shade in the summer months and allow sun to penetrate to the building during the winter months.
Suggested deciduous tries are Aspen, European Green Birch, Rocky Mountain and Big Tooth Maple,
and others recommended by the City of Bozeman Tone Code. Suggested evergreen trees are
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Colorado Spruce, Lodge Pole Pine, Engleman and White Spruce, Suhalpine Fir, and Scotch Pine.
ARTICLE XI
OPEN SPACE MANAGEMENT PLAN
11.1 Intent. This Declaration provides the authority for this Open Space Management Plan
through the Directors of the Sundance Springs Owners Association. The intent of the Open Space
Management Plan is to provide definition to different types of use of the Open Space, and to provide
for the management, maintenance, implementation, and protection of the different Common Open
Space types within Sundance Springs. The intent of the Open Spaces within this project is to
provide:
a) a general feeling of openness
b) buffer zones between lot clusters and existing neighbors
c) corridors for trails networks
d) recreational space for residents and general public
e) areas for wildlife habitat and wildlife habitat enhancement
Because some of these uses can be incompatible, a management plan has been drawn up to
guide future use of the areas. The open space areas have been divided into two (2) management zone
types, as shown on the Management Plan Map. Type 1 areas are intended to provide for a restricted
level of human activity and to encourage wildlife habitat enhancement. 'Type 2 areas are to provide
areas where a higher degree of human activity is permitted and encouraged. An overall objective
will be to landscape the two areas such that there is no stark contrast between them in terms of
appearance. The landscaping and management should blend the appearance of the areas from more
to less formal maintenance. The following Open Space management standards apply to all the Open
Space lands in Sundance Springs.
11.2 Trails.
a) Type 1 Areas: Trails in Type 1 areas shall be located approximately as shown on the
Management Plan so as to provide the maximum width of undisturbed space for wildlife/natural
corridors. Mowed areas adjacent to trails in Type 1 areas may be up to 6 feet wide on each side.
b) Jym 2 Areas: Trails in Type 2 areas may be located so as to provide opportunities
for interior walking loops and stream or pond side viewing. Ancillary facilities such as benches,
picnic tables or overlcxrk locations may be located along trails in Type 2 areas. Mowed areas
adjacent to trails may be up to 12 feet wide on each side in Type 2 areas.
c) Major T ails: The trail running west to east connecting Gallagator Trail on South
Third and the Sourdough Trail in Gardner Park is to be a major trail. Major trails may be up to 8 feet
wide and shall be surfaced for all weather travel. They may he hard surfaced if future use warrants.
d) MinorTrails: All other trails in the Open Space are to be minor trails. Minor trails
may be up to 6 feet wide and may be surfaced for all weather travel.
e) McLeod park Trails_ The trail proposed along the east edge and south edge of
McLecxl Park which intercaonnecis with the Sundancle Springs open space trails are to be maintained
by the Sundanec Springs Residential Property Owners Association. This provision cannot be
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changed without approval of the Gallatin County Board of County Commission, Such maintenance
Shall include routine grading, weed removal, periodic trail edge mowing and periodic replenishing
of gravel surface, etc all such provisions consistent with the normal maintenance provisions for the
Main Street to the Mountains Trail system of the Gallatin Valley Land Trust.
113 Lands in .
a) TM 1 Areas: Landscape plantings and terrain modifications (such as pond
construction or berm placement) in Type 1 areas shall, in general, be carried out so as to create
wildlife habitat and cover. Landscaping g in portions of Type 1 areas may incorporate open gassy
areas as part of the overall planting scheme. Native species of grass, shrubs and trees shall be the
dominant planting theme, planting of non-native species shall constitute no more than 1/3 of the total
number of shrubs and trees planted. None of the non-native species used shall be fruit trees or shrubs
that will contribute to wildlife depredation problems. Clusters of trees, especially aspen, are
encouraged to create cover opportunities_ Low maintenance species are preferred. No permanent
irrigation facilities for turf areas shall be permitted.
The presence of dead trees and shrubs in Type 1 areas is desirable, to an extent, in re-
establishing natural habitats. Maintenance of trees and shrubs in Type 1 areas shall be held to the
minimum necessary to remove diseased material, reduce wildfire, and flooding hazards, reduce
hazards from falling trees, or to control populations of rodents or pests.
b) T 2 Area: Landscaping plantings in Type 2 areas shall feature native species but
may incorporate non-native and ornamental species of trees and shrubs that will Contribute to wildlife
depredation problems. Terrain modification may occur where needed to enhance opportunities for
human activities, especially in conjunction with the trails, or to improve the effectiveness of
vegetative Screening. The dominant theme for landscaping in Type 2 areas shall be large open grassy
areas with clusters of trees, especially along the stream and pond banks, to create visual backdrops
and vegetated islands requiring little maintenance.
11.4 Mowing practices,
a) T l Areas. Mowing in Type 1 areas (no more than twice annually) shall be kept
to the minimum necaasary to control weeds and prevent buildup of fire hazards. The fire chief shall
be contacted regarding the need to mow for fire prevention. If not necessary, Type 1 areas shall he
left in a natural unmewed state. If required, mowing shall take place after approximately July 15 or
when the majority of ground nesting birds are gone. Areas where the propagation of saplings is
evident for to be encouraged shall not be mowed Mowing shall be no closer than four (4) feet from
stream or pond banks. Mowed clippings Shall he removed as mulch or hay to prevent the buildup
of clippings that can kill the underlying vegetation aW thereby encourage the introduction of weeds.
b) Type 2 Areas. Mowing in Type 2 areas may be more frequent than in Type 1 areas.
Mowing along stream and pond banks in Type 2 areas may be up to the waterline. The intent is not
to maw all stream and pond banks in a uniform or consistent fashion. Rather, the intent will be to
plant clusters of tree along the streams and ponds in Type 2 area and allow mowing between these
that allow views of the water at intermittent locations. Mowing to control noxious weeds or to
mitigate fire hazards may be conducted up to the waterline of streams or ponds in both Type 1 and
2 areas, provided that such practice is halted when the weeds are controlled or the risk of fire is gone.
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11.5 Ri arian Area Man went. In general, the objective along stream and pond riparian
areas is to encourage the return of native plant and animal species in both Type 1 and 2 areas while
recogni2ing that people are drawn to and like to be near water. As such, it is necessary to provide
Opportunities for people to satisfy this natural reaction. The intent is to provide for this in Type 2
areas and to discourage it in Type 1 areas. In Type 1 areas the objective is to create overlook or
observation opportunities. In Type 2 areas the objective will be to provide not only observation
opportunities but direct access to the water.
In all riparian habitats,wildlife enhancement projects will be done in conjunction with public
or private professional consultants. Examples of such projects includes improvement of nesting{
sites, fish habitat, structures, wetland ponds and stream bank stabilization.
11.6 Man ment Coordination. The Association may coordinate its management of the
open space areas with plans for adjacent properties to the extent specified below. The Association
may solicit the advice or recommendations of professionals or agencies regarding management of
the open space areas. Management for the Type 1 areas may be coordinated with adjacent park lands
or open spaces provided that the dominant theme remains consistent with the intent of the Type 1
areas on the property. Type 2 areas adjacent to Mcleod or Gardner Park may be managed in a
coordinated fashion with management plants for the parks where such plans provide for public
recreation or educational opportunities. Where Type 1 and Type 2 areas adjoin mowing practices
and species of planted vegetation shall be blended to avoid an abrupt transition.
11.7 Noxious Weeds. Noxious weeds shall be controlled on all common open space areas_
The preferred method is by introduction of desirable plant species that eliminate weeds_ Interim
measures permitted include herbicide applications, mowing and biological control. All herbicide
applications shall be conducted according to applicable State laws.
11.8 Animal Control.
a) Domestic pets shall not be allowed at any time in the open space areas or trails unless
on a leash.
b) Temporary fencing around shrubs and trees to prevent destruction by animals shall
be permitted for the period of time necessary to ensure survival of the plantings.
c) Rodents may be controlled if levels of depredation threaten the survival of plantings
or constitute a health hazard. If poisons are used they shall be applied only in accordance with
applicable State laws and with prior approval of the Association.
d) Pesticides may be used to control insect populations that are a nuisance, threaten the
survival of planting or constitute a health hazard. Pesticides may be applied only in accordance with
applicable State laws and with the prior approval of the Association.
e) Residents and guests shall not harass wildlife and should avoid areas of wildlife
concentration. Loud, offensive, or other behavior which harasses or frightens wildlife in common
area is prohibited.
11.9 JWdng of Wildlife. The taking of any and all wildlife species by any means within
commonly held open space is prohibited except or the catching and keeping of fish, and the control
of specific: animals known to be causing unacceptable damage to property or persons (e.g. a beaver
damming an irrigation ditch or a porcupine identified as girdling planted trees). No hunting or
32
shooting of firearms shall be allowed on cotninon areas, or on personal private property.
11.10 Fencing. No fences shall be permitted that restrict the movement of wildlife.
TeynPoMy kr)m, as noted above, for animal control shall be permitted. Fences designed to restrict
or direct human sty shall be permitted in a very limited fashion provided that no wire or metal
mesh is used and they shall not exceed 3 feet in height.
11.11 Si in - Signs shall be permitted to identify trail routes, direct human activity or
PXMdie interpretive information. Heights Shall not exceed three (3) feet_ Sign surface area shall not
exceed 2 square feet. All sign posts or support structures shall be of woad construction.
11.12 Personal Use. The following uses shall not be made of the common open spaces.
Such prohibited uses include, but are not limited to, lawns, gardens, storage, compost piles or
landscape wash;, refuse disposal and such other uses aS are inconsistent with the intent of these
Covenants.
11.13 Wetlands Enhancement and Maintenance. It shall be the intent of the Owners of
Sundance Springs to maintain the enhanced wetlands and wetland ponds at the locations shown on
the final plat. All wetland enhancement projects shall be done in accordance to plans with plans to
be drawn up by professional organizations specializing in such and in compliance with
recommendations from the Montana Department of Fish, Wildlife and Parks. The Owners shall have
the authority to establish reasonable rules for operation and maintenance of enhanced wetlands areas
consistent with the overall intent of the peen Spy Management Plan.
11.14 Additional Restrictions.
areas_ a) No feeding of wildlife other than birds shall be allowed in the common open space
b) No non-native species of animals shall be introduced to the lands or waters of the
caommon open spaces_
c) Access through the open spaces for maintenance of public facilities shall be allowed
only by the most direct route or by any route specified by the final plat (s) of the project. {
d) All building's shall be prohibited in the common open space areas except structures
related to the function and intent of the common areas.
e) Motorized vehicles are prohibited within the common open space areas and trails
except for maintenance and construction of landscaping, facilities or structures rebated to the function
or intent of the open spaces.
f) No fireworks shall he discharged within the confines of the Subdivision.
No open burning of privately generated debris shall be permitted within the Subdivision.
Open burning of debris generated from the commonly held open spaces may be allowed in
accordance with local burning regulations, but only by someone authorized by the Board.
11.15 cad and Sidew2dk_Management plan. The Board of Director, acting for the
Association, shall establish a plan for long term maintenance of all roads and sidewalks. The Board
shall also establish a plan for the day-today maintenance of the roads and parking lots. In
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accordance with such plans, the Board shall see to it that the roads and lots are maintained, cleaned
and snowplowed in a timely fashion. Such maintenance shall also include cleaning of culverts, weed
snowing and patching of potholes in the roadways and parking areas.
The Association shall not be responsible for maintaining the sidewalks of an individual Lot
Owner. It shall be the duty of the individual Lot Owners to maintain their own sidewalks in front
of their buildings. Parking lots are to be maintained on a collective basis by the Association and
may chose to hire contract services for road, sidewalk and parking lot maintenance providing that
there is a clear and accurate method of separating common and private costs. The Right-of-way
(barrow pits) are to be mowed and maintained by the Lot owner on their lot and by the Association
in common areas. Barrow pits (barrow ditches) may not be filled.
The Board shall have the authority to assess the Lot Owners for services rendered in
maintaining and repairing all streets and sidewalks as specified in Article 6, titled Assessments.
Any variances or 4ustments of these Covenants granted by the BLRC, or any acquiescence
or failure to enforce any violation of the Covenants herein, shall not be deemed to be a waiver of any
of the Covenants in any other instance.
ARTICLE XII
SPEC,'IAI, IMPROVEMENT DISTRICT'S
12.1 Waiver of Protest to Future S.I.D.(O. A waiver of right to protest the creation of
Rural Improvement Districts has been filed. Such districts which may include the possible
installation of a future signal light at the intersection of Goldenstein and South Third. This parcel
is also subject to a waiver of protest to create a special improvement district for improvements to
South Third Avenue between Kagy Boulevard and Goldenstein Lane, and for improvements to the
South Third/Wibson/Kagy Boulevard intersection including signalization. If Special Improvement
District is not used for these improvements, then this parcel is subject to alternative financing
methods to finance these improvements on a fair share basis.
ARTICLE XIII
DURATION, MODIFICATION AND REPEAL
13.1 Procedure. Except as otherwise provided herein, this Declaration or any provision
hereof, or any Covenant, Condition or Restriction contained herein, may he terminated, extended,
modified or otherwise amended, as to the whole of the subject property or any portion thereof, with
the written consent of the Owners of sixty seven (67%) of the Property, provided, however, that so
long as Declarant owns at least twenty percent (20%) of the property subject to these Covenants or
for a period of twenty(20) years from the effective date hereof, whichever period is shorter, no such
termination, extension, modification or other amendment shall be effec,-tive without the written
approval of Declarant, which approval shall not be unreasonably withheld. No such termination,
extension, modification or other amendment shall be effective until a proper instrument in writing
has been executed, acknowledged and recorded.
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Notwithstanding the foregoing, during the first five(5) years following the recordation of this
Declaration or until seventy-five percent (75%) of the lots which are the subject of this Declaration
are sold, whichever comes first, this Declaration of Covenants may be modified, amended and
changed by the Declarant, Sundancc Springs Development, LLC, without the need or necessity of
the consent of the then-owners of the real property which is the subject of this Declaration.
Notwithstanding the foregoing, any Covenant which is included herein which was also
required as a condition of preliminary plat approval and required by the City Commission may not
be amended or revoked without the mutual consent of the Owners in accordance with the amendment
procedure set forth above, and the consent of the City Commission and City of Bozeman. In this
regard, reference is specifically made to Findings of Fact and Order dated January 22, 1996, a
resolution of the Bozeman City Commission which sets forth the covenants, conditions and
restrictions required by the City Commission and City of Bozeman. List is attached hereto as Exhibit
IN13M-
1.3.2 Annexation. Additional residential property and common area may be annexed to
the Property by Declarant at anytime, provided only that all of such additional property and property
owners shall be subject to these and other applicable Covenants_
ARTICLE 3U V
ENFORCEMENT
14.1 Abatement and Suit. The Owner of each Lot shall be primarily liable, and the
Occupant, if any, secondarily liable for the violation or breach of any covenant, condition or
restriction herein contained. Violation or breach of any covenant, condition or restriction herein
contained shall give to Declarant, or the Association, following thirty (30) days written notice to the
Owner or Occupant in question except in existing circumstances, the right, privilege and 'license to
enter upon the W where said violation or breach wrists and to abate and remove summarily, or abate
or remove, at the expense of the Owner or Occupant thereof, any improvement, structure, thing or
condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof,
or to prosecute a proceeding at law or in equity against the person or persons who have violated or
are attempting to violate any of these Covenants to enjoin or prevent them from doing so, to cause
said violation. No such entry by Declarant, the Association or their agents shall be deemed a
trespass, and neither Declarant nor the Association nor their agents shall be subject to liability to the
Owner or Occupant of said Lot for such entry and any action taken to remedy or remove a violation.
The Cost of any abatement, remedy or removal hereunder shall be a binding personal obligation or
any Owner or Occupant in violation of any Provision of this Declaration, as well as a lien
(enforceable in the same manner as a mortgage) upon the Lot in question. The lien provided for in
this section shall not be valid as against a bona fide purchaser or mortgagee for value of the Lot in
question unless a suit to enforce said lien shall have been filed in a court of record in Gallatin
County, Montana, prior to the recordation of the deed or mortgage conveying or encumbering the
Lot in question to such purchase or mortgage, respcc-tiveiy.
14.2 bat of Entry. During reasonable hours and upon reasonable notice, and subject to
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reasonable security requirements, Declarant, the Association or their agents, shall have the right to
enter upon and inspect any Lot and the Improvements thereon covered by this Declaration for the
purpose of ascertaining whether or not the provisions of this Declaration have been or are being
complied with, and neither Declarant nor the Association nor their agents shall be deemed to have
committed a trespass or wrongful act by reason of such entry or inspection.
14.3 Deemed to Constitute a Nuisance. The result of every act or omission whereby any
Covenant, Condition or Restriction herein contained is violated in whole or in part is hereby declared
to be and to constitute a nuisance, and every remedy allowed by law or in equity against an Owner
or Occupant, either public or private, shall be applicable against every such result and may be
exercised by Declarant or the Association.
14.4 Attorney's Fees. In any legal or equitable proceeding for the enforcement of this
Declaration or any provision hereof, whether it be an action for damages, declaratory relief or
injunctive relief, or any other action, the losing party or parties shall pay the attorneys fees of the
prevailing party or parties, in such reasonable amount as shall be fixed by the court in such
proceedings or in a separate action brought for that purpose. The prevailing party shall be entitled
to said attorney's fees even though said proceeding is settled prior to judgment. All remedies
provided herein or at law or in equity shall be cumulative and not exclusive.
14.5 Failure to Enforce is No Waiver. The failure of Declarant and/or Association to
enforce any requirement, restriction or standard herein contained shall in no event be deemed to be
a waiver of the right to do so thereafter or in other cases, nor of the right to enforce any other
restriction.
14.6 Indemnification. Each officer, director, and former officer and director of the
Association shall be indemnified and held harmless by the Association against all expenses, claims,
suits, clauses of action demands and judgements, liabilities, including attorney's fees, reasonably
incurred by or imposed upon him in any proceeding to which he may be a party, or in which he may
become involved by reason of his being or having been an officer or director of the Association, or
any settlement thereof, whether or not he is an officer or director at the time such expenses are
incurred, except in such cases wherein such officer, director or committee member is adjudged guilty
of willful malfeasance in the performance of his duties. The Association may procure and maintain
insurance against such liabilities, or such ldnd and amount as its Beard of Directors may approve.
ARTICLE XV
ASSIGNMENT
Any and all of the rights, powers and reservations of Declarant herein contained may be
assigned to any person, partnership, corporation or association which will assume the duties of
Declarant pertaining to the particular rights, powers and reservations assigned, and upon any such
person, partnership, corporation or association evidencing its consent in writing to accept such
assignment, have the same rights and powers and be subject to the samc obligations and duties as are
given to and assumed by Declarant herein. If at any time Declarant cease:% to exist and has not made
such an assignment, a successor to Declarant may be appointed in the same manner as this
Declaration may be modified or amerided under Section X1V. Any assignment or appointment made
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under this Article shall be in reasonable form and shall be recorded. { i,�-� ; 4 r . -2
ARTICLE XVI
CONSTRUCTIVE NOTICE AND ACCEPTANCE
16.1 Constructive Acceptance. Every person or entity who now or hereafter owns,
occupies or acquires any right, title or interest in or to any portion of the Property is and shall be
conclusively deemed to have consented and agreed to every covenant, condition and restriction
contained herein, whether or not any reference to this Declaration is contained in the instrument by
which such person acquired an interest in the Property.
16.2 Notices, Documents,• Deliv . Any notice or other document permitted or required
by the Sundance Springs Covenants to be delivered either personally or by mail. If delivery is made
by mail, it shall be deemed to have been delivered twenty-four (24) hours after a copy of same has
been deposited in the United States mail, postage prepaid., added as follows: If to the Association
or to the Committee for Design Review, at the registered office for the Association; if to an Owner,
then at any lot within Sundance Springs owned by the Owner, if to Declarant at 901 Technology
Blvd. Suite 2, Bozeman, Montana 59718; provided, however, that any such address may be changed
from time to time by an Owner, by the BLRC, or by Declarant by notice in writing, delivered to
Association member.
ARTICLE XVII
WAIVER
Neither Declarant or the Association nor their successors or assigns shall be liable to any
Owner or Occupant of the Property by reason of any mistake in judgment, negligence, nonfeasance,
action or inaction or for the enforcement or failure to enforce any provision of this Declaration.
Every Owner or Occupant of any said property by acquiring its interest therein agrees that it will not
bring any action or suit against Declarant and/or the Association to recover any such damages or to
seek equitable relief because of same.
ARTICLE XVIII
RUNS Wrf'H LAND
All covenants, conditions, restrictions and agreements herein contained arc made for the
direct, mutual and reciprocal benefit of each and every Lot of the Property; shall create equitable
servitude upon each Lot in favor of every other Lot; shall create reciprocal rights and obligations
between respective Owners and Occupants of all Lots and privity of contract and estate between all
grantees of said mots, their heirs, successors and assigns; and shall, as to the Owner and occupant of
each L A, his heirs, successors and assigns, operate as covenants running with the land, for the benefit
of all other Lots, except as provided otherwise herein,
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ARTICLE XIX
CAPTIONS w
The caption of articles and sections herein are used for convenience only and are not
intended to be a part of this Declaration or in any way to define, limit or describe the scope and intent
of the particular article or section to which they refer.
ARTICLE XX
SEVERABILITY
If any part, tern or provision of these covenants is held to he illegal or unenforceable, the
validity of the remaining portions shall not be affected,
r7�
DATED this day of A�-- , 192
DECLARANT
SUNDANCE SPRINGS DEVELOPMENT, LLC
AN ARIZONA LIMITED LIABILITY COMPANY
POWER CLINTON DEVELOPMENT, INC.
ADMINISTRATIVE MEMBER
STATE OF MON'TANA )
:ss
County of Gallatin j
On this day of k 19TL before me, a Notary Public for the State
of Montana, personally appeared known to me to be the
2 of SUNDANCE SPRINGS DEVELOPMENT, LLC, an Arizona
Corporation, and acknowledged to me that he executed the same pursuant to the power and authority
vested in him.
IN VA T'NESS WHEREOF, I have hereunto set my hand and affixed my Notarial Scal as of
the day and year first above written.
•f p�' �••"•••. b,� Notary Public fort State of Mon4na
Residing at Bo-reman, Montana C
• i �"-{t. O My Commission Expires38
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Legal Description of Sundance Springs Subdivision
. T
JOIN
t• the undersigned Property oener• do hereby Certify that t have Caused
to be surveyed, subdMoed and potted into tole, sheets, and other
divisialts and dsdicatlons, as shoeel by the plot hereunto included. the
folleei q des bed trod of tang, to .sit-
SUNDANCE SPRMS 'SIJBOfV19M PO4ASE 1
The 1000" tract of Land located in the NE 1/4 5rlction 25. Tivtrnsh-p 2 South,
Ron" 5 East and the MW 1/4 S4ction 30. Tthmship 2 South, Pon" 6 fast. P U w.
Cdiotsn County U10rdoplle= and bffi^9 Hart psticularly descrlbad as tdloww
�91N7�+9 at the N 1/4 coroner of SW Section 34k
Thence South W 3S' 54' T1SK dole tlto Npth-South qua►1sr Ilse. a
distance of 26M 66 feet:
''Hence Worth W f' 37' ftef, o dMis of 214.72 feet:
TTlenee South 00' Mr 54' WAwt• a distance of 19 92 /m:
TTNnce South W 9= 13' East. a dlsfonce of 21450 feel:
ThQ ncr South OfY "' 54 llifelt, oien9 the North-South quarler fine, o
distance of 30" feet, to the center of said Section 30:
Thence "Orth P9' D9' 13' West. a" the £awl-west quarts► line, a
a dletontt of 921792 feet;
'hence Norlfn 14' ST 13' 10"st• o C"e nce of 239.53 fee#:
Thence North l70' 49' 47' East, o distance of et3-33 ieet-.
Thence Norm t19' IV 06' Wiest. a dhftohce of 1012.29 feet:
'hence South 31' 44' 29' west. a disto+ee of 527 02 feet..
The"" "orM 65' 58' 14' west, a distance of 24 09 feet:
Thence South 35' 5W 51' Owst, a distance of 751 se test:
Thence South 07 55' 46' East. a dlslance of 30-20 feet:
Thence 'South W 7C 12' west along the East-west quarter one.
o distance of 121484 feet:
"""cc Nort% 2T 56= 3ir Eoet, a distance of 705.6q feel
Thence along a non-tangent curve to the ieft. Cwvr S. ►o r�nq
a ra" be0►11`19 at North 66' 49' 20' ftst. having q Cent►af
"* or 12' 52' 32 a ro"s of 1522.39 feet. and an arc
distance of 342 tt feet;
Thence "Orth W 49' 42_ Evst. a distanc4 of 64107 reset;
1lnenct North 81' 45' 51' East, O adlstencs or 60 00 feet;
Thence alert►% 2fI or 16` west, a distance of 25015 feet:
?hence North 61. 52' 44' East. a distance of 249 51S /set:
Thence Worth 4T' 44' 32' Unt, a distance of 490 31 fret:
Thence South Bill- 43' 09' Eost, a distance of 049 a tut:
Thence North OS' 42' 30• west, a distance of 55 5$ tree:
Thence North 15' 35' 42' west. a distance of 566 73 feei.
Thence North 00= 56' 44' East, a distance of 60 00 teet:
Thence South O= 21' 22* East, o dlstonre or 279 7t 1.rt:
T4•ence North 00' 07' 34' fast, o distance of Sig ft0 tnt:
lhta,re South 99' 12' 55' East, a diefance of t777 73 ffwl
10 the Point of 9e9iwn"
Said trorl ronlains 14713 acres snore or 1ys and i7 1vbo-ct to oft
e01e•n4"tf Of r4rdd
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EXHIBIT tts" FI w
Covenants Amendments Requiring Consent
by the City of Bozeman
NEIGHBORHOOD SERVICES PROPERTY
The City of Bozernan is a party to the Covenants, and any Covenant contained therein as a
condition of preliminary plan or plat approval and required by the City Commission may not be
amended or revoked without the mutual consent of the owners in accordance with the amendment
pnx-xdures listed in the Covenants and by the City of Bcr7.eman. The following sections require the
consent of the City of Bozeman to amend or revoke:
1. Article Vlll, Section 8.4 regarding maximum building heights.
2. Article IX, Section 9.8 regarding parking of cars on the street.
3. Article X, Section 10.7 regarding exterior lighting.
4. Article X, Section 10.15 regarding the use of organic fertilizers_
5. Article X, Section 10.3 regarding the installation of sidewalks in accordance with City
policy.
6. Article XI, Section 11.4 regarding mowing practices in open space areas.
7. Article X, Section 10.2 and Article XI, Section 11.15 regarding barrow ditches.
8. Article: XI, Section 11.15 regarding the maintenance of intcrior roadways_
9. Article III, Section 3.22 regarding the hours of operation of businesses from 7:00 am to 9
PM.
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