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HomeMy WebLinkAboutAppendix L Declaration for the Mill Yard Condo- draftPage 1 of 43 Return Recorded Document to: Bangtail Partners, LLC P.O. Box 10195 Palo Alto, CA 94303 DECLARATION FOR THE MILL YARD CONDOMINIUM THIS DECLARATION is hereby made and entered into this____day of _____________, 2019, by BANGTAIL PARTNERS, LLC, a California Limited Liability Company, of P.O. Box 10195, Palo Alto, CA 94303, hereinafter referred to as the “Declarant”, whereby the real property hereinafter described are submitted to the provisions of Chapter 23, Title 70, MCA, also known as the “Unit Ownership Act” as a condominium. The property subject to this Declaration shall be known as the MILL YARD CONDOMINIUM. The addresses of MILL YARD CONDOMINIUM are 604 and 618 East Aspen Street, 705 and 719 N. Ida Street and 607 and 615 E. Cottonwood Street, all in Bozeman, Montana, 59715. NOW, THEREFORE, the Declarant hereby declares that the property subject to this Declaration shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, sold and improved subject to the Declaration’s, limitations, covenants, conditions, restrictions and easements contained in this Declaration, all of which are imposed as equitable servitudes pursuant to a general plan for the development for the purpose of enhancing and protecting the value and attractiveness of the property, and every part of it in accordance with the plan for the improvement of the property and its division into condominiums. All of the limitations, covenants, conditions, restrictions and easements shall constitute covenants that run with the land and are binding upon, and inure to the benefit of, Declarant, the Association and all parties having, or acquiring any right, title or interest in or to any part of the property. This Condominium Declaration is established in accordance with the Montana Unit Ownership Act. The Condominium development shall contain individual units for commercial use, as set forth herein and in the Bylaws, each unit owner shall have an exclusive right to his/her/its unit and shall have an undivided and inseparable right with other unit owners in the common elements as set forth herein. Page 2 of 43 I. DEFINITIONS Unless expressly provided otherwise, the following definitions shall pertain throughout this Declaration and in the interpretation thereof: 1. Association or Association of Unit Owners shall mean all of the Unit Owners acting as a group and in accordance with duly adopted Bylaws and this Declaration. 2. Board or Board of Directors shall mean the Board of Directors of the Association as more particularly defined in the Bylaws. 3. Building or Buildings shall mean the single unit buildings comprising a part of the property, which may be further subdivided or subjected to further and additional condominium regimes to include additional units as set forth further in this Declaration. 4. Bylaws shall mean the Bylaws promulgated by the Association under this Declaration and the Unit Ownership Act. 5. Common Elements shall mean both General Common Elements and Limited Common Elements. a. General Common Elements include all those elements which are for the use of all Unit Owners, business invitees, and guests of Unit Owners of MILL YARD CONDOMINIUM. Specifically included are: The foundations, columns, girders, beams, supports, exterior walls, roofs, entrances, and exits of the Buildings; grounds surrounding the buildings, (except those grounds appurtenant to or directly in front of a Unit which shall be limited common elements and further described on Exhibit B), driveways, the land on which the buildings are located, paths, sidewalks and walkways, storm water facilities, including but not limited to retention ponds and __________, parking areas not specifically allocated to a particular Unit, (but not including the parking areas within the Parking Garage Unit which are a limited common element as described below), any irrigation system placed on the property for landscape, maintenance of trees and vegetation, any portions of the Buildings designated on the floor plans as common to all Units. All utilities including electrical (power), gas, heating, telephone, hot and cold water and sewer lines (waste disposal), refrigeration and air conditioning that serve all of the Units, landscaping, plants and other materials and improvements separate from and outside of the Building containing the Unit, and other common facilities in which all of the Unit Owners own an allocated interest therein and in general all apparatus and Page 3 of 43 installations existing for common use; all structures, Common Elements and improvements for amenities, maintenance, storage and other uses which are owned by the Association or for the use of all of the owners, and other elements necessary for the safety, maintenance and existence of MILL YARD CONDOMINIUM in which each Unit Owner shall have his designated percentage of interest, as set forth in Section IV below. All exterior windows and monument signage for the Buildings shall be considered General Common Elements. The General Common Elements are further depicted on Exhibit B. b. Limited Common Elements as used in this Declaration shall mean those Common Elements which are reserved for the use of Unit Owners or any subset thereof, or their business invitees, and guests, to the exclusion of other Unit Owners of MILL YARD CONDOMINIUM, or their business invitees, and guests. As to any given Unit Owner(s), Limited Common Elements shall mean the Common Elements which are located within or affixed to the Building containing the Unit in which the elements are located or situated on the Condominium’s real property. Specifically included are: (i) flues, chimneys, ducts, cables, conduits, public utility lines, water, sewer, electrical, gas, cable television lines, hot and cold water pipes (all such utility pipes and lines that service less than all Units, including connections of all types needed to link General Common Elements to Limited Common Elements, are Limited Common Elements; whereas those serving all Units shall be General Common Elements), balconies, entrances, stoops, furnaces, patios, decks, boilers, hot water tanks, and fixtures, or other portions of the Building servicing only a particular Unit or less than all of the Units. The proportional percentage interest of the Units in the Limited Common Elements shall be computed by determining the number of Units that have use of the Limited Common Elements and taking the percentage of interest of each such Unit and dividing it by the total percentages of interest of the Unit(s) making use of the particular Limited Common Element. The Limited Common Elements are further depicted on Exhibit B; (ii) the first five (5) feet located directly around each building as shown on Exhibit B; (iii) The Parking Garage and its elevator shall be a Limited Common Element to Units 1, 2, 3, 4, 5 and Unit 6 shall not use the Parking Garage; (iv) The leased parking area (as depicted on Exhibit C) shall be a Limited Common Element for non-residential units or subunits only (all of Unit 6, ground levels of Unit 4 and 5); Page 4 of 43 (v) The garbage compactor and recycling area in Unit 1 shall be a Limited Common Element shared with Unit 2; The garbage compactor and recycling area in Unit 4 shall be a Limited Common Element with Unit 3; (vi) The bike turning area, mailroom, rooftop and entryway of Building 1 and walkway/bridge between Units 1 and 2 shall be a Limited Common Element to Units 1 and 2. 6. Common expenses shall mean expenses of administration, maintenance, repair or replacement of General Common Elements, expenses agreed upon as common by the Association of all Unit Owners, and expenses declared common by the Unit Ownership Act. 7. Declaration shall mean this document and all parts attached thereto or incorporated by reference, and subsequent amendments thereto. 8. Declarant means BANGTAIL PARTNERS, LLC, the initial owner of the Property and the entity that subjected the Property to the Unit Ownership Act. 9. Limited Expenses shall mean the expense attributable to the maintenance, repair and replacement of Limited Common Elements, and are expenses only for owners of Units within the respective Building for which the expenses are accrued. 10. Manager shall mean the Manager, the Board of Directors, management, corporation, or any other person or group of persons retained or appointed by the Association of Unit Owners for the purpose of conducting the day-to-day operations of MILL YARD CONDOMINIUM. 11. Property shall mean the land, buildings, improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, which are herewith submitted to the provisions of the Unit Ownership Act. 12. Recording Officer shall mean the county officer charged with the duty of filing and recording deeds, mortgages and all other instruments or documents relating to this Declaration and the Property which is its subject. 13. Sub Units shall mean each Unit may be further subjected to additional condominium regimes and may contain condominium Units of additional condominium regimes. These additional condominium regime Units shall be referred to as “sub-units” and those sub-units shall not be considered Units in MILL YARD CONDOMINIUMS, but rather shall be a part or portion of a MILL YARD CONDOMINIUMS Unit. 14. Unit shall be the separate Condominium Units of MILL YARD CONDOMINIUM and is a parcel of real property intended for any type of independent use, and with a direct exit to a public street or highway or to a common area, limited common area, or areas Page 5 of 43 leading to a public street or highway; at present, each Building on the Property constitutes one Unit. 15. Unit Designation shall mean the combination of letters, numbers, or words which identifies each designated Unit separately. 16. Unit Owner or Owner(s) shall mean the person or persons owning a fee simple absolute, or one who is a co-owner in any real estate tenancy relationship that is recognized under the laws of the State of Montana, in one or more Units of MILL YARD CONDOMINIUM. 17. Voting Interest shall mean the vote of the Unit Owners based on their respective percentile interest of ownership of the common elements as set forth in Section IV unless otherwise set forth herein. II. REAL ESTATE Description The Property which is by this Declaration submitted and subject to the Montana Unit Ownership Act is described in Exhibit “A” attached thereto. The Condominium shall consist of six (6) separate Units designated as Units 1, 2, 3, 4, 5 and 6. Each Unit is currently its own Building. The Declarant reserves the right to create Sub-Units in the future should Declarant so choose by subjecting a Unit to an additional Condominium regime. The common element includes an Underground Parking Garage and a Leased Parking Area. The provisions of this Declaration and the Bylaws shall be construed to be covenants running with the land and shall include every Unit and shall be binding upon all Unit Owners, their heirs, successors, personal representatives and assigns for as long as this MILL YARD CONDOMINIUM Declaration and Bylaws are in effect. Condominium Units Each Unit, together with the appurtenant undivided interest in the Common Elements of MILL YARD CONDOMINIUM shall together comprise one Condominium Unit, shall be inseparable, and may be conveyed, leased, rented, devised or encumbered as a Condominium Unit. The Units comprising the Condominium shall be located in six (6) separate Buildings with each Building being its own separate Unit. Any balcony or deck which is accessible from, associated with or joins a Unit shall, without further reference hereto be a Limited Common Element to that Unit. Page 6 of 43 Encroachments If any portion of the General Common Elements or Limited Common Elements encroaches upon a Unit or Units, a valid easement for the encroachment and for the maintenance of the same, so long as it stands, shall and does exist. If any portion of Unit encroaches upon the General Common Elements, or Limited Common Elements, or upon an adjoining Unit or Units, a valid easement for the encroachment and for the maintenance of the same, so long as it stands, shall and does exist. Such encroachments and easements shall not be considered or determined to be encumbrances either on the General Common Elements, Limited Common Elements, or on the Units for the purpose of marketability of title. During the construction of the Building(s) any encroachment easement over the Common Elements is reserved and granted unto the Declarant, its contractors, agents, employees, successors and assigns and utility companies for movement and temporary storage of equipment, machinery, construction materials and parking for workers. Parking Areas There are three (3) separate types of Parking Areas: (i) Underground Parking Garage. The underground parking garage is located under Units 1, 2 and 6 and shall be a Limited Common Element for Units 1, 2, 3, 4 and 5. Unit 6 shall not use the Underground Parking Garage and shall rather use street parking areas or the Leased Parking Area (as defined below). The rules and regulations for the use of the Underground Parking Garage shall be established by Units 1, 2, 3, 4 and 5. The Underground Parking Garage is further depicted on Exhibit D. (ii) Leased Parking Area. The Leased Parking Area is located at __________and is further depicted on Exhibit C and shall be for the exclusive use of non-residential Units and Sub-Units only and shall be a Limited Common Element of the non-residential Units and Sub-Units shall establish the rules and regulations regarding the use of the Leased Parking Area. The Association shall be responsible for the obligations under the Lease for the Leased Parking Area, including but not limited to all rent and maintenance obligations. The non-residential Units and Sub-Units shall proportionally share the cost of the same as a Limited Common Expense to the non- residential Units. Page 7 of 43 (iii) Street Parking and other unassigned Parking Areas. Any Unit Owner may park on the adjoining streets in accordance with all parking regulations established by the City of Bozeman. The Association shall be responsible for maintaining the angled street parking on East Cottonwood Street including but not limited to snow plowing and maintenance of parking surface and striping. Creation of Sub-Units While there will initially be six (6) Units comprising the MILL YARD CONDOMINIUM each Unit shall itself be made up of several Sub-Units, which will be submitted to their own additional condominium regime within the Unit. Any such subsequent Sub-Unit created will be encumbered with the terms, conditions, restrictions and provisions contained and set forth in this Declaration and these Bylaws and shall for all intent and purposes hereunder be considered a part of the Unit. Declaration and Bylaws for any additional condominium regime shall not conflict with this Declaration or the Bylaws for MILL YARD CONDOMINIUM. In event of a conflict, this document shall govern. All Owners and purchasers, their heirs, successors, assigns and mortgagees consent that the Units may be further subject to additional condominium regimes and divided into Sub-Units as set further above by the Owners of such Units, their successors or assigns. In this regard, all Owners, purchasers, their heirs, successors, assigns and mortgagees of any Unit or interest in and to the condominiums created hereunder agree to and do hereby appoint said Owners of such Units or that Owner’s successor, assign or designee as having a power of attorney to effectuate the creation of such Sub-Units in so far as may be required to amend this Declaration and agree to the Amendment of this Declaration as may be needed to reflect changes in the site plan and floor plans of a Unit upon the creation of an additional condominium regime within that Unit and the resulting Sub-Units. Any change made to the right and ability of a Unit Owner to subject their Unit to additional condominium regimes and create Sub-Units as set forth above must receive 100% approval vote from all the Unit Owners. Unit Boundaries Each Unit shall include the entire Building constructed on that portion of the Property depicted as such Unit as shown on the Site Plan, including any exterior walls of such Building and anything attached thereto. III. EASEMENT, COMMON ELEMENT – INTERIOR REMODELING Common Element Easements Page 8 of 43 A nonexclusive right of ingress, egress and support through the Limited Common Elements is appurtenant to each Unit, and all of the General Common Elements are subject to such rights. Except as otherwise limited in this Declaration, each Unit Owner shall have the right to use the Common Elements for all purposes incident to the use of, and occupancy of, the Unit and such other incidental uses permitted by this Declaration, which rights shall be appurtenant to and run with the whole Unit. Easement for Utilities A non-exclusive easement shall exist through, over and across each Unit for inspection, installation, maintenance, replacement and repair of such utility lines and mechanical equipment for the use of all of the Unit Owners. Such inspection, installation, maintenance, replacement or repair of such easement rights shall only be done under the direction and approval and with the authority of the Association and/or the Manager unless an emergency exists in which event any action may reasonably be taken which is justified under the circumstances to minimize damage which would otherwise occur as a consequence of such emergency. Such lines and/or equipment shall be so installed, maintained, inspected, replaced and repaired in a manner such that it does not unreasonably interfere with or interrupt the use of the Unit by the Owner of the same. The Declarant reserves the right at any time during the development of the Condominium or during the creation of any Sub-Units to grant easements for utilities, including but not limited to power, gas and electric, cable TV and other communications and computer facilities over, under and across the Condominium project to appropriate governmental agencies or public utility companies. Any such easement may be conveyed by Declarant without the consent of any Unit Owner, Mortgagee or other person and shall be evidenced by an appropriate amendment to this Declaration. All of the Unit Owners and Mortgagees of Units and other persons interested or to become interested, in the condominium from time to time shall be deemed to have irrevocably and unanimously consented to such amendment of this Declaration as may be required to effectuate the foregoing grant of easement. Easement for Maintenance, Repair and Replacement The Declarant, the Association and all public or private utilities shall have easements over, under, across and through the condominium and Property, including all Units and Common Elements, as may be necessary to fulfill any responsibilities of maintenance, repair, replacement, or construction which they, or any of them, are required or permitted to perform under this Declaration or by law. These easements include without any implication of limitation, the right of the Association to obtain access at all times to meters, controls, valves, pipes, conduits and other Common Elements located within or to gain access through any Unit or its appurtenant Limited Common Elements. Such easements shall not unreasonably interfere with or interrupt a Unit Owner’s quiet enjoyment of his, her or its Unit. If the Property Owner’s Association fails to install or maintain improvements according to plans approved by the City of Bozeman, the City may, at its option, complete construction or improvements and/or maintain improvements. The City’s representative, contractors and engineers shall have the right to enter upon the property and perform such work, and the Association must permit and secure any additional costs associated with the installation or Page 9 of 43 maintenance of improvements. The cost of the City to maintain may become a lien against both the Common Elements and the Units in the same way that the Association has the right to lien a Unit Owner for failure to pay its assessments. Interior Remodeling, Exterior Maintenance and Repair Each Unit Owner shall have the exclusive right to paint, repaint, tile, wax, paper, panel, carpet, brick or otherwise maintain, refinish and decorate the inner surfaces of the walls, ceilings, and floors bounding his own Unit, and the interior thereof, so long as such owner does not affect the structural integrity of the Building in which his Unit is located. Each Unit Owner shall have the right to decorate the surface of its exterior windows and exterior doors so long as it complies with the City of Bozeman Sign code and the Unit Owner obtains prior written approval of the Association, which shall not be unreasonably withheld. Each Unit shall maintain, repair and replace the exterior and roof of its Unit and other Limited and General Common Elements as necessary. If a Unit fails to maintain their Unit, the Association may do so on behalf of the Unit after having first sent a written notice to the Unit Owner stating the repair/maintenance needed and providing the Unit Owner fails to do so after notice, the Association may perform the repair/maintenance and charge the same, plus 10% to the non-complying Unit Owner. The Unit Owner shall first receive written approval from the Association prior to any remodel or change in the exterior of the Building or other Limited Common Elements. IV. OWNERSHIP AND VOTING – EXHIBITS – USE Percentage of Interest Each Unit Owner shall be entitled to the exclusive ownership, use and possession of his Unit. Additionally, each Unit Owner shall have a percentage of undivided interest in the General Common Elements of MILL YARD CONDOMINIUM. Such percentage represents his ownership interest in the General Common Elements, his liability for Common Expenses, and his voting interest in all matters concerning the Association of Unit Owners and this Declaration. The percentage of interest in the General Common Elements for the respective owners shall be computed by taking the Building square footage of each Unit as set forth below and dividing it by the total Building square footage of all the Units having an interest in the General Common Elements of MILL YARD CONDOMINIUM. Such percentage of interest owned by each of the initial Units of the Building in MILL YARD CONDOMINIUM shall be according to the percentages set forth below: Page 10 of 43 PERCENTAGE OF BUILDING INTEREST IN UNIT SQUARE GENERAL COMMON NO. FOOTAGE ELEMENTS ADDRESS 1 39,882 32.176% 618 E. Aspen Street, Bozeman, MT 2 10,592 8.545% 719 N. Ida Avenue, Bozeman, MT 3 15,879 12.811% 705 N. Ida Avenue, Bozeman, MT 4 26,385 21.287% 615 E. Cottonwood St., Bozeman, MT 5 2,175 1.755% 607 E. Cottonwood St., Bozeman, MT 6 29,037 23.426% 604 E. Aspen Street, Bozeman, MT Total 123,950 100% All Unit Owners and purchasers acknowledge that while initially there has been constructed six (6) Buildings containing six (6) separate Units that the initial percentages set forth are based upon, that at such time as construction is completed, that the percentages of ownership of Common Elements and voting interest may change to adjust to the exact as built square footages upon completion. All Unit Owners and purchasers, their heirs, successors and assigns agree and consent that the real property described on Exhibit A shall be developed with the construction of the Units by Declarant or Declarant’s successors or assigns. In this regard, all Owners, mortgagees, purchasers and their heirs, successors and assigns of any Unit or interest into the Condominium created hereunder agree to and do hereby appoint the Declarant or Declarant’s successors, assigns or designee as having a Power of Attorney to effectuate the development of this Property, including filing any supplemental Declarations required to adjust the Percentage of Interest in the General Common Elements to reflect the actual square footages once each Unit is built, or as may be necessary to create Sub-Units. The above Agreement shall be a covenant running with the land and shall be binding upon the Unit Owners of the then existing Units who upon acquiring titles to such Units by this covenant agree and consent to the filing of such Amendment and by this covenant agree to and consent to the appointment of the Declarant as their attorney in fact so that the Declarant may in its discretion simply file the Amendment on its own initiative having been herein given the power and authority to make such Amendments for and on behalf of all subsequent Unit Owners in the Condominium. After the recording of such Supplement all Unit Owners shall have a non-exclusive right and license, subject to the provisions herein to use and enjoy all of the General Common Elements created by such Supplement. In addition, the Unit Owners shall further have the non-exclusive right and license to use and enjoy the Limited Common Elements which are appurtenant to and Page 11 of 43 part of their respective Units which may be added to the Condominium regime which are limited to the use of less than all of the Unit Owners. Except as otherwise specifically provided in this Declaration or in Supplemental Declarations, all of the provisions, terms and definitions herein contained shall, upon recording of the same, be deemed expanded to include the additional Sub-Units. Floor Plans and Exhibits MILL YARD CONDOMINIUM will consist of six (6) Buildings located on the Property described in Exhibit “A” which shall contain a total of six (6) separate Units as shown on the proposed site plans. For identification and descriptive purposes, the following Exhibits are attached and by reference hereto incorporated into and made a part of this Declaration: Exhibit A: Legal Description. Exhibit B: Description of Common Elements Exhibit C: Leased Parking Area Exhibit D: Underground Parking Garage Exhibit E: Site Plan showing the proposed location of the Buildings containing MILL YARD CONDOMINIUM Units on the Property. Exhibit F: showing the floor plans which include elevations, area, dimension, and designation for each Unit of MILL YARD CONDOMINIUM. The floor plans attached hereto are subject to change upon completion of construction of each Unit as more specifically described below. Exhibit G: showing the Architect’s Certificate. Exhibit H: showing the Certificate of Name. Exhibit I: showing common area and facilities, maintenance plans, including but not limited to Storm Water Maintenance Plan and Irrigation. Exhibit J: Showing public access areas. Supplemental Plans and Certificate Following Construction Each Unit Owner must construct and locate his or her Building within the area designated for that particular Unit on the Site Plan. Within thirty (30) days upon completion of the construction of the Building containing the Unit or from the date of the first occupancy of the Unit, whichever occurs first, the Unit Owner shall file a supplement to this Declaration as to that Unit only and setting forth the following information: a. Final floor plans as to such Unit; b. A certificate executed by an architect, land surveyor or engineer certifying that the final floor plans fully and accurately depict the layout of the Unit and the improvements in the Building was constructed and the date that the construction of such Unit and Building was completed; and c. A description of the Building and the materials of which it is constructed; Page 12 of 43 The Owner of the Unit need not obtain the consent of any other Unit Owner or mortgagee when recording a Supplemental Declaration as to his or her Unit, however, the Supplemental Declaration may not alter the boundaries of any other Unit, the General Common Elements, or make any other substantive change to this Declaration without a duly executed Amendment to this Declaration as herein provided. Construction of Unit/Building The Unit Owner constructing his or her Building and Unit shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority having jurisdiction. When constructing his or her Unit, the Unit Owner shall fully comply with this Declaration, any duly adopted rules and regulations of the Association, and other applicable private covenants and restrictions. The Unit Owner shall be responsible for all safety precautions in connection with the construction of the Unit. Prior to commencement of construction, the Unit Owner shall obtain all building permits, other permits, licenses, inspections and government approvals necessary for construction. The Unit Owner shall insure that the area of construction is cleaned up on a daily basis, including all construction generated debris, drink cans, food wrappers, and/or other trash. To the fullest extent permitted by law, the Unit Owner undertaking construction of his or her Unit shall indemnify, defend and hold harmless the Association, other Unit Owners and their representatives, owners, employees, members, managers and agents from all claims, losses, damages and expenses, including attorney’s fees arising out of or resulting from the construction of the indemnifying Unit Owner’s Unit and Building. During periods of construction of a Unit, the Association may assign and designate certain portions of the General Common Elements as construction staging areas for such Unit. Such assignment shall be fair and non-discriminatory. The Unit Owner shall limit any construction materials to the site of the Unit as asset forth on the Site Plan and any designated construction staging area of the general Common Elements as assigned by the Association. The Unit Owner undertaking construction will keep the Common Elements free and clear of any and all construction liens. In the event the Unit Owner should allow any lien or encumbrance of any type or nature to be placed upon the Common Elements, and in the event such Unit Owner should fail, refuse, or neglect to discharge, satisfy, pay and/or remove any such lien or encumbrance from the Common Elements within thirty (30) days of the filing of the same, the Association may, at the Association’s option, elect to pay, discharge, satisfy, and/or remove any said lien or encumbrances, and in the event the Association elects to exercise the Association’s option to pay, discharge, satisfy, and/or remove any such lien or encumbrance, any amount of monies paid by the Association in connection with the payment and satisfaction of any lien or Encumbrance shall be due and payable immediately from the Unit Owner to the Association and any such sums shall bear interest at the rate of ten percent (10%) per annum until paid in full and such unpaid amount shall be considered an assessment against the Unit and shall be the basis for the Association filing an assessment lien against the Unit. The Association’s remedy to pay, discharge, satisfy, and/or remove any lien or encumbrances placed upon the Common Elements thirty (30) days after the notice of filing in the same is not exclusive, and the Association may Page 13 of 43 exercise any and all remedies available under this Declaration and/or at law or in equity, the cost of which, including reasonable attorney’s fees, shall be chargeable to the Unit Owner. Storm Water Maintenance Plan Attached hereto as Exhibit I is the Storm Water Maintenance Plan that is binding upon the Condominium. The Association shall follow and adhere to such plan. Construction Materials The proposed principal materials of construction of the Units are concrete for the foundations, footings, and slabs. Framing materials shall include structural steel columns and beams, wood beams and dimensional lumber, wood trusses, and wood structural panels (plywood or OSB). Siding and exterior finishes shall include brick, metal panels, and various manufactured cementitious siding products. Interior common area finishes may consist of solid wood or manufactured wood trims, carpet, tile, drywall and paint, acoustical ceiling tiles and/or or others. Roof materials will consist of asphalt shingles on typical sloped roofs and rubber membrane roofing on flat or low slope roof sections. Upon completion of each Unit, if the construction material varied from what is described herein, the Unit Owner shall include in its Supplement, the building material for that Unit. Subdivision Provisions: Additional Condominium Regimes and Sub-Units The Owner of each Unit shall have the right to file an additional Condominium Declaration pursuant to the terms of the Montana Unit Ownership Act, Title 70, Section 23, Montana Code Annotated in order to subdivide his or her Unit and create an additional condominium regime within such Unit. Such right, however, shall be subject to the Unit Owner’s obligation to obtain all necessary approvals and permits from the City of Bozeman and any other legal entity with jurisdiction thereof. The rights and interest of any additional condominium regime Unit Owner shall be subject to the terms and conditions of this Declaration and the additional Condominium Declaration. Upon the creation of a within a Unit, the voting interest and all other rights of such Unit provided hereunder shall thereafter be exercised and controlled by the Unit Owners Association of such additional condominium regime and all references set forth herein to “Unit Owner” shall be deemed to apply to the Unit Owners Association of such additional condominium regime. Use The use of Units 1, 2 and 3 in MILL YARD CONDOMINIUM shall be residential use only. The use of Unit 6 shall be commercial only. The use of Unit 4 shall be mixed, with the first floor consisting of mixed residential and commercial uses and all other floors shall be residential. Unit 5 shall be commercial. Nothing shall prohibit a Unit Owner from leasing or renting his Unit to third persons or holding it out for lease or rental or entering into an Agreement or contract with others for the lease or rental of his Unit. The use of the General Common Areas shall be for the use of the Unit Owners, their guests, tenants, lessees, employees and business invitees. The Units and common elements shall be limited as follows: Page 14 of 43 a. No automobile fuel sales or repair shall be allowed. b. No tattoo parlors, marijuana dispensaries (medical or otherwise), vape shops, and laundromats. c. There shall be no obstruction of the Common Elements, nor shall anything be stored in or on the Common Elements without the prior written consent of the Association. Each Owner shall be obligated to maintain and keep in good order and repair the interior of their Unit. d. Nothing shall be done or kept in any Unit or in the Common Elements which will increase the rate of insurance on the Building or contents thereof, without the prior written consent of the Association. No owner shall permit anything to be done or kept in their Unit or in the Common Elements which will result in the cancellation of insurance on the Building, or contents thereof, or which would be in violation of any law. No waste will be permitted on the Common Elements. e. Except for appropriate signs, as discussed under Article III above and Miscellaneous below, Unit Owners shall not cause or permit anything to be hung or displayed on the outside of windows or placed on the outside walls or roof of a building, and no awning, canopy, radio, satellite dish or television antenna shall be affixed to or placed upon the exterior walls or roof of any part thereof, without the prior written consent of the Association. Further all signs must meet the provisions of the City of Bozeman Sign Code. f. No nuisances shall be allowed upon the Property nor shall any use or practice be allowed which is a source of annoyance to the Unit Owners or which interferes with the peaceful possession and proper use of the Property by its residents. No offensive or unlawful use shall be made of the Property nor any part thereof, and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed. g. Nothing shall be done in any Unit or in, on or to the Common Elements which will impair the structural integrity of the Building or which would structurally change the Building, except as is otherwise provided herein. h. No animals of any kind shall be raised, bred, or kept in any individual residential unit located within a Unit, except as allowed by each Unit or sub-association and as established by each Units or Sub Unit Association’s rules and regulations. The Association may make rules and regulations from time to time should each Unit or sub-association fail to properly manage animals upon the Common or Limited Common Elements. All dogs must be kept on a leash while on the Property. Additionally, Unit Owners, their tenants, and any guests, shall be responsible for the immediate clean-up of any pet waste and the repair of any damage caused by pets to any of the General Common Elements or Limited Common Elements. Any pet which bites another animal or a human upon the premises shall be immediately and permanently removed unless it can be shown by clear and convincing evidence, as determine by the Board, that the animal was unreasonably provoked into such action. For purposes of the foregoing sentence, any animal which is restrained in some reasonable fashion but is approached by another animal or human shall be presumed to be the non-aggressor. Failure to timely remove the pet(s) can result in a fine not to exceed $50.00 per day for each day the pet remains on the Property or Page 15 of 43 in the Unit, which fine shall become part of the assessments for that Unit. Failure to immediately pick up after a Unit Owner’s animal or an animal belonging to a tenant of the Unit on the common area swill result in a $50.00 fine for each offense, which shall also become a part of the assessment for the Unit, regardless of whether the offending animal is owned by the Unit Owner or by a tenant of the Unit or any portion thereof. Failure of an Owner to adhere to pet regulations and requirements shall be grounds for the Association and other Unit Owners to maintain a nuisance action to remove the offending pet(s). The Association shall have the authority to ban certain breeds of dogs or individual dogs from MILL YARD CONDOMINIUM, provided that such actions are based upon objective criteria related to aggressive tendencies of the breed or individual dogs. In the event that an Owner leases his or her Unit to a person who has pets, the Owner of the Unit shall be responsible for the enforcement of the pet restrictions and rules, and any fines imposed shall be a charge against the Unit, for which the Association may obtain satisfaction in the same manner as if the Unit Owner failed to pay an assessment imposed against the Unit. The Association shall have the right to file a lien against the Unit and shall have the right to foreclose said lien in the same manner as provided herein. i. Nothing shall be altered or constructed in or removed from the Common Elements, and no easements, liens or encumbrances placed on the Common Elements, except upon the written consent of one hundred percent (100%) of the Unit Owners affected by such action. j. Unit 1 shall have a trash compactor and recycling located inside the Building, which it shall share with Unit 2. Unit 4 shall have a trash compactor and recycling in its Building, which it will share with Unit 3. Units 5 and 6 shall each have their own trash compactors and recycling areas located inside their Buildings. Each Unit shall designate an individual who shall be responsible for taking the building’s dumpster to the designated area on the curb on garbage pickup day and once empty, returning it to the designated area. k. Campers, trailers, boats and other recreational vehicles may only be brought onto the Property or onto any street bordering the Property for loading and unloading for immediate use. No inoperable vehicles, and no campers, boats, recreational vehicles, or trailers, shall be left parked in the condominium parking areas or underground garage parking area or on any street bordering the condominium Property for more than two (2) hours at one time. Repeated parking of such vehicles or trailers is also prohibited. No one may reside in any recreational vehicles, trailers, or motor homes upon the Property. Violators of this paragraph are subject to towing and fines levied by the Board in the Board’s discretion. l. Canvassing, solicitation and peddling the Condominium property is prohibited and Unit Owners shall report and otherwise cooperate to prevent the same. m. No building or structure shall be occupied or open for business until the exterior is completed and the interior of the space open to the public as completed. All applicable government agencies, inspections and permits shall be obtained and followed prior to occupancy. n. All zoning, land use regulations and all other laws, rules and regulations of any government or agency under whose jurisdiction the land lies are considered to be Page 16 of 43 part of and enforceable hereunder, and all of the Owners of said land shall be bound by such laws, rules and regulations. In the event there is a conflict between the covenants and the applicable zoning, the most restrictive provision of either the covenants or the zoning shall control. o. No repair nor maintenance of vehicles is to be done in the Parking Garage or Leased Parking Area. p. The 20’ emergency vehicle access area along the western side of property and running between East Cottonwood Street and East Aspen Street shall be for emergency vehicles only. No other vehicular access is allowed. Exclusive Ownership Each Owner shall be entitled to exclusive ownership and possession of their Unit. Such Owners may use the General and Limited Common Elements in accordance with the purposes for which they are intended and as they may otherwise agree between themselves, so long as they do not hinder or encroach upon the lawful rights of other Unit Owners. Notice of Planned Unit Development Pursuant to the Conditions of Approval for the Cottonwood and Ida Planned Unit Development (“PUD”) by the City of Bozeman, the Declarant hereby provides Unit Owners the following notice: The PUD is subject to specific design standards, unique building set backs and heights, parking requirements and uses. These standards may be found in the following design standards of the Bozeman Municipal Code: 1. BMC 38.310.040.C Table of Uses. Adding apartment buildings as an allowable use in the NEHMU district. 2. BMC 38.310.040.C Table of Uses. Increasing the size of the allowable restaurant use in NEHMU from 1,500 to 2,200 square feet. 3. BMC 38.320.050 Form and Intensity Standards. Decreasing the required front setback from 20 to 8 feet. 4. BMC 38.320.050 Form and Intensity Standards. Allowing zero lot line conditions in the NEHMU. 5. BMC 38.320.050 Form and Intensity Standards. Increasing the allowable maximum height to be increased from 45’ to 54’. 6. BMC 38.320.050 Form and Intensity Standards. Increasing the maximum lot coverage in NEHMU from 40% to 45%. 7. BMC 38.510.030.C Landscape Block Frontage. Decreasing the required residential transparency from a minimum 15% to 8%. 8. BMC 38.510.030.B Storefront Block Frontage. Decreasing the required commercial transparency from 60% to 30%. Page 17 of 43 9. BMC 38.540.050.A.1 Residential Parking Standards. Reducing the requirement for efficiency units from 1.25 spaces per unit to 1 space per unit and reducing the requirements for one bedroom units from 1.5 spaces per unit to 1.25 spaces per unit. 10. BMC 38.540.050.A.2 Non-residential Parking Standards. Reducing all nonresidential parking standards by 40%. 11. BMC.38.400.050.A.1 Street Design. Not constructing the street according to the adopted designs for local streets and instead constructing East Cottonwood Street with back out angled parking. Unit owners are advised that these are specific to the Cottonwood and Ida Planned Unit Development and are in place of the general development standards of the City of Bozeman zoning. If a development standard is not specifically established in the Cottonwood and Ida PUD approval documents, the general standards of the City of Bozeman apply. Modification of the special standards requires an Amendment to the Cottonwood and IDA PUD. Modifications are strongly discouraged. It is the obligation of the Unit owner to be fully informed as to these standards before beginning any home or site design process. Approval by the design review entity established in this Declaration, if any, does not bind the City of Bozeman to approve a construction plan. V. THE ASSOCIATION Membership An Owner of a Unit in MILL YARD CONDOMINIUM shall automatically, upon becoming the Owner of said Unit, be a member of the Unit Owners Association (or Association) and shall remain a member of said Association until such time as his membership in said Association shall automatically cease. The membership shall be limited to Unit Owners as defined in this Declaration. The Association may not be voluntarily dissolved without the permission of the commissioners for the City of Bozeman. Function It shall be the function of the Association to: a. Adopt Bylaws for the governance of the Association. b. Make provisions for the general management and/or repairs and maintenance of MILL YARD CONDOMINIUM. c. Levy assessments as provided for in the Declaration, Bylaws and Unit Ownership Act. Page 18 of 43 d. Adopt and implement policies, rules and regulations necessary or desirable for managing the Association’s affairs. e. Enter into contracts or hire personnel for the management of the affairs of the Association including the maintenance and repair of common areas. Voting On all matters, unless excluded by this Declaration, to be decided by the Association, each Unit Owner shall have a vote equal to his or her percentage of interest in the General Common Elements. Multiple owners of a single condominium Unit shall collectively have such voting interest. In the event that a “sub-condominium” is declared for any Unit, such Unit’s voting interest shall be exercised by the Association of Unit Owners for such condominium. An Owner of a condominium Unit, upon becoming an Owner, shall be a member of the Association and remain a member for the period of his or her Unit ownership. Except as otherwise provided in the Unit Ownership Act, this Declaration or the Bylaws, a majority of the Unit ownership percentage present at any meeting or by proxy shall be sufficient to act on matters brought before the Unit Owners. Meetings of the Unit Owners shall only be conducted when a quorum is present, as defined in the Association Bylaws. Failure to Comply Each Owner shall comply strictly with the provisions of this Declaration, the Bylaws of the Association, and the rules, regulations, decisions and resolutions of the Association adopted pursuant thereto as the same may be lawfully amended from time to time. Failure to comply with any of the same shall be grounds for an action to recover sums due, for damages or injunctive relief or both, and for reimbursement of all costs, including attorney fees incurred in connection therewith, which action shall be maintainable by the Manager in the name of the Association, on behalf of the Owner, or in the proper case, by an aggrieved Owner. Enforcement The Association through its Board shall have the power to impose reasonable fines for violation of any duty imposed under the Declaration, Bylaws or any rules and regulations duly adopted hereunder; provided, however, nothing herein shall authorize the Association or the Board of Directors to limit ingress and egress to or from a Unit or to suspend an Owner’s right to vote due to nonpayment of assessments. In the event that any occupant of a Unit violates the Declaration, Bylaws or a rule or regulation and a fine is imposed, the fine shall first be assessed against the occupant; provided, however, that if the fine is not paid by the occupant within the time period set by the Board, the Owner shall pay the fine upon notice from the Association. The failure of the Board to enforce any provision of the Declaration, Bylaws or any rule or regulation shall not be deemed a waiver of the right of the Board to do so thereafter. (a) Notice. Prior to imposition of any sanction, the Board or its delegate shall serve the alleged violator with written notice describing (i) the nature of the alleged violation, Page 19 of 43 (ii) the proposed sanction imposed, (iii) a period of not less than 10 days within which the alleged violator may present a written request to the Board of Directors for a hearing; and (iv) a statement that the proposed sanction shall be imposed as contained in the notice unless a challenge is begun within 10 days of the notice. If a timely challenge is not made, the sanction stated in the notice shall be imposed. (b) Hearing. If a hearing is requested in a timely manner, the Board shall conduct a hearing affording the alleged violator a reasonable opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of proper notice shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer, Director or agent who delivered such notice. The notice requirement shall be deemed satisfied if the alleged violator appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed. The Board of Directors may, but shall not be obligated to, suspend any proposed sanction if the violation is cured within the ten (10) day period. Such suspension shall not constitute a waiver of the right to sanction future violations of the same or other provisions and rules by any person. (c) Additional Enforcement Rights. Notwithstanding anything to the contrary herein contained, the Association, acting through the Board of Directors, may elect to enforce any provision of the Declaration, the Bylaws or the rules and regulations of the Association by self-help (specifically including, but not limited to, the towing of vehicles that are in violation of parking rules and regulations) or by suite at law or in equity to enjoin any violation or to recovery monetary damages or both without the necessity of compliance with the procedure set forth above. In any such action, to the maximum extent permissible, the Owner or occupant responsible for the violation of which abatement is sought shall pay all costs actually incurred, including reasonable attorney’s fees. Payment of Assessments All assessments shall be due thirty (30) days from the date such assessment is placed in the mail following the meeting during which assessments are levied by the Association and may be payable in monthly installments. The amount of the Common Expenses assessed against each Unit, and the amount of Limited Common Expenses assessed against each Unit, shall be the personal and individual debt of the Owner thereof. No Owner may exempt himself from liability for this contribution toward the common and the Limited Expenses by waiver of the use of enjoyment of any of the General Common Elements or Limited Common Elements or by abandonment of his Unit. All assessments which are not paid within thirty (30) days from the date they are due and payable become delinquent and are subject to any penalty that may be established in the Bylaws for the purpose and the maximum interest charges permitted by law. The Association or Manager shall have the responsibility of taking prompt action to collect any unpaid assessment which becomes delinquent. In the event of delinquency in the payment of the assessment, the Unit Owner shall be obligated to pay interest at the statutory rate provided for under Montana law on the amount of the assessment from the due date thereof, together with all Page 20 of 43 expenses, including attorney fees incurred, together with such penalties as are provided in the Bylaws of the Association. Suit to recover a money judgment for unpaid Common Expenses and Limited Expenses may be maintainable without foreclosing or waiving the lien securing the same. In the event that an additional condominium regime is declared for a Unit as herein provided, the Association of Unit Owners for such additional condominium regime shall be responsible for paying all assessments levied against the Unit and shall be considered the Unit Owner for such purpose. The Association shall retain the right to file a lien against any or all of the sub-association condominium units in the event that the Association of Unit Owners for such sub-condominium fails to make timely payment of its assessment. Levying Assessments – When Made – Purposes The Association of Unit Owners shall levy assessments upon the Unit Owners in the following manner and for the following reasons: a. Assessments shall be made as a part of the regular business of the Association at any regular or special meeting thereof as provided in the Bylaws of the Association. Notice of the assessment and the purpose for which it is made whether regular or special, shall be served on all Unit Owners affected by delivering a copy of the same to the Owner personally or by mailing a copy of the notice to the Owners at their addresses of record at least ten (10) days prior to the date for such meeting. An Owner may request notice be sent by email by providing such request to the Association and providing an email address. b. Assessments shall be made for the repair, replacement, general maintenance, management and administration of Common Elements, fees, costs and expenses of the Manager, taxes for common areas insurance and for the Unit Owner’s percentage share of any Special Improvement District Assessments. Assessments shall be based upon and computed by using the percentage of interest that each Unit Owner has in the General Common Elements, unless, however the tax-exempt status of a Unit Owner requires the re-allocation of real property taxes assessed against the Common Elements of the Condominium in another matter to account for this tax-exempt status. c. Assessments may also be made for the payment of Limited Common Element expenses such that the Unit Owners are chargeable only for the expenses relating to their respective units. Unit Owners shall share in the payment for Limited Expenses for the repair, maintenance and replacement of Limited Common Elements for which the assessment is being made. If only one Unit is associated with the Limited Common Elements involved, then the entire cost of such repair, maintenance or replacement shall be borne by that Unit. d. Assessments may also be made for any purpose contemplated by this Declaration and for any purposes set out in the Montana Unit Ownership Act, including special assessments. Page 21 of 43 e. Common expenses and profits, if any, of the Condominiums shall be distributed and charged to, the Unit Owners according to the percentage of undivided interest of each in the General Common Elements. f. In a voluntary conveyance of a Unit, the Grantee of the Unit shall be jointly and severally liable with the Grantor for all unpaid assessments by the Association against the latter for his share of the Common Expenses up to the time of the grant or conveyance, without prejudice to the Grantee’s right to recover from the Grantor the amount paid by the Grantee therefor. However, any such Grantee shall be entitled to a statement from the or Board of Directors of the Association, as the case may be, setting forth the amount of said unpaid assessments against the Grantor due the Association and such Grantee shall not be liable for, nor shall the Unit conveyed be subject to a lien for, any unpaid assessments made by the Association against the Grantor in excess of the amount therein set forth. g. The monthly assessment for Common Expenses shall be fixed by the Board and shall be based upon the estimate of the actual cost thereof, excluding therefrom any estimated amount for contingencies, reserves or sinking funds. Each Unit Owner shall pay its pro rata share of monthly assessments for Common Expenses based upon its Percentage of Interest as defined in Article IV; provided, however, that for Units owned by Declarant and for which the interior construction is incomplete and the Unit is unoccupied, charges for garbage, sewer and water shall be excluded from the monthly assessments levied against said Unit(s). Such exclusion shall not apply to Units for which the interior construction is complete, and which are temporarily vacant. The Board may also create a reserve budget, into which reserve assessments shall be deposited. If made, reserve assessments shall not apply to Units owned by Declarant for which the interior construction is incomplete until September 1, 2024. After September 1, 2024 reserve assessments shall apply to all Units, regardless of completion. VI. DECLARANT’S RIGHT TO CHANGE The Declarant reserves the right to change the interior design and arrangement of all Units, and alter the boundaries between Units, so long as the Declarant owns the Units so altered. No such change shall increase the number of Units or alter the boundary of the General Common Elements without an amendment of this Declaration. Until the Building and the shell for one hundred percent (100%) of all Units, including the expansion, have been built, Declarant reserves the right to establish easements, reservations, exceptions and exclusions consistent with the Condominium project and this Declaration, as may be needed to facilitate the expansion. Page 22 of 43 Notwithstanding any other provisions expressly or impliedly to the contrary contained in this Declaration, the Articles of Incorporation or Bylaws of the Association, Declarant reserves the right to appoint three (3) of the members of the initial Board of Directors of the Association, who shall serve until the first annual meeting of the members of the Association, at which time one (1) of their successors shall be elected by the members. Declarant reserves the right to then appoint two (2) members of the Board of Directors until the date on which 75% of the Units have been occupied or transferred by Declarant to a third party or until September 1, 2024, whichever occurs first. VII. AMENDMENT Amendment of this Declaration shall be made in the following manner: At any regular or special meeting of the Association of Unit Owners, such amendment may be proposed as a resolution by any Unit Owner, the Board or Manager. Upon adoption of the resolution by majority of a those present, the amendment shall be made a subject for consideration at the next succeeding meeting of the Association with notice thereof, together with a copy of the amendment, to be furnished to each Owner no later than ten (10) days in advance of such meeting. At such meeting, the amendment shall be approved upon receiving the favorable vote of seventy- five percent (75%) of the total percentage vote of all of the Unit Owners. If so approved, it shall be the responsibility of the Association or its delegate to file the amendment with the Clerk and Recorder’s Office of Gallatin County, Montana. Notwithstanding the procedure set forth above, the Declarant may amend this Declaration, or any other project document, prior to any sale or lease of a Unit or interest thereof, and reserves the right at any time to file any supplements necessary to add the Building Expansion in to the Condominium Declaration as further described in Section IV by filing a Supplement hereto without the requirement of holding a meeting. Further, Declarant or its successors or assigns may file a Supplemental Declaration upon completion of each Building or upon the creation of Sub-Units. VIII. MAINTENANCE, CHANGES, REPAIRS AND LIENS Alterations by Unit Owners Association The interior plan of a Unit may be changed by the Owner. The boundaries between Units may be changed only by the Owners of the Units affected. No Units may be subdivided without the approval of seventy-five percent (75%) of the total percentage vote of all of the Unit Owners and compliance with all laws, rules and regulations relating to the same. No change in the boundaries of Units shall encroach upon the boundaries of the Common Elements. Page 23 of 43 Boundary walls must be equal in quality of design and construction to the existing boundary walls. A change in the boundaries between Units shall be set forth in an amendment to this Declaration. In addition to compliance with the provisions of Paragraph VII above, such amendment must further set forth and contain plans for the Units concerned showing the Units after the change in boundaries, which plans shall be drawn by an architect licensed to practice in Montana, and attached to the amendment as exhibits, together with the certificate of architect or engineer required by the Unit Ownership Act. Such an amendment shall be signed and acknowledged by the Owners of the Units concerned, as well as those Owners with an interest in any common element affected. The amendment shall also be approved by the Board of Directors of the Association and signed and acknowledge by all lienors and mortgagees of the Units concerned. Any change in the exterior boundary of a Unit must be approved by the City of Bozeman. Maintenance by Unit Owners Each Owner shall maintain and keep in repair the interior and exterior of his own Unit, including the fixtures thereof. All fixtures and equipment installed in the Unit, commencing at a point where the utilities enter the Unit, shall be maintained and kept in repair by the Owner thereof. An Owner shall do no act nor any work that will impair the structural soundness or integrity of the Building or impair any easement. Each Owner shall also keep any entrance area appurtenant to his Unit in a clean and sanitary condition. The right of each Owner to repair, alter, and remodel the interior of their Unit is coupled with the obligation to replace any finishing or other materials removed with similar type or kinds of materials. All exterior window replacement shall be by the same manufacturer with similar quality, shade and design and done by the Association. No act or alteration, repairing or remodeling by any Unit Owner shall impair in any way the integrity of the adjoining Units or the integrity of Limited Common Elements or General Common Elements. Exterior Alterations No Owner may change, alter or remodel the exterior of his Unit without the prior written approval of the Association. Snow Removal and Open Space Maintenance Each Unit shall be responsible for snow removal pursuant to City policy from the sidewalks adjacent to the common areas. The snow removal contractor will also ensure that the inlets and outlets to the storm water detention basins are unobstructed. The Association shall be responsible for snow removal from Common Area walkways and Parking Areas. The Association shall be responsible for following the regular maintenance program for Common areas, including but not limited to the following: The Association shall also retain a contractor to maintain the open space as healthy, clean and well kept. Any grass and/or trees located in the common open space shall be trimmed as Page 24 of 43 needed and any law sprinkler system shall be kept in working order. Common Area pathways shall be maintained by the Association and kept and maintained in a safe condition. Any Common Area lighting must be kept in working order by the Association. The Association shall be responsible for following the storm water maintenance plan shown on Exhibit ___. These responsibilities shall be the responsibility of the Declarant until such rights and responsibilities are turned over to the Association. Liens for Alterations Labor performed and materials furnished and incorporated into a Unit with the consent of or at the request of the Unit Owner, his agent, his contractor or subcontractor shall be the basis for the filing of a lien against the Unit or the Unit Owner consenting to or requesting the same. Each Unit Owner shall indemnify and hold harmless each of the other Owners from and against all liability arising from the claim of any lien against the Unit or any other Owner or against the General or Limited Common Elements for construction performed or for labor, materials, services or other products incorporated in the Owner’s Unit at such Owner’s request. Liens and Foreclosures All sums assessed but unpaid for the share of general Common Expenses and Limited Common Expenses chargeable to any Unit shall constitute a lien on such Unit superior to all other liens and encumbrances, except only for tax and special assessment liens on the Unit in favor of any assessing authority, and all sums unpaid on a first mortgage, a first trust indenture, or contract for deed, of record. To evidence such lien, the Association shall prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness, the amount of accrued interest and late charges thereon, the name of the Unit Owner, and a description of the Unit. Such notice shall be signed and verified by one of the officers of the Association or by the Manager, or his authorized agent, and shall be recorded in the office of the Clerk and Recorder of Gallatin County, Montana. Such lien shall be attached from the date of recording such notice. Such lien may be enforced by the foreclosure of the defaulting Owner’s Unit by the Association as provided in the Unit Ownership Act in like manner as foreclosure of a mortgage on real property. In any foreclosure, the Unit Owner shall be required to pay a reasonable rental for the Unit, if so provided in the Bylaws, and the plaintiff in such foreclosure action shall be entitled to the appointment of a receiver to collect the same. Suit to recover a money judgment for unpaid Common Expenses shall be maintainable without foreclosure or waiving the lien securing the same. In any such proceeding the Owner may be required to pay the costs, expenses and attorney’s fees incurred in filing a lien, and in the event of foreclosure proceedings, additional costs, expenses and attorney’s fees incurred. If a lien becomes effective against two or more Units, the owner of each Unit subject to the lien has the right to have the Owner's Unit released from the lien by payment of the amount of the lien attributable to the Owner's Unit. The amount of the lien attributable to a Unit and the payment required to satisfy a lien, in the absence of agreement, must be determined by application of the percentage established herein. A partial payment, satisfaction, or discharge may not prevent the lienor from proceeding to enforce the lienor's rights against any Unit and the undivided interest in the common element pertaining to a Unit not released by a payment, satisfaction, or discharge. Page 25 of 43 Bidding at Foreclosure The Association shall have the power to bid on the Unit at a foreclosure or other legal sale, and to acquire and hold, lease, mortgage and vote the votes appurtenant to, convey or otherwise deal with the same. Any lienholder holding a lien on a Unit may pay, but shall not be required to pay, any unpaid General Common Expenses, or Limited Common Expenses payable with respect to any such Unit, and upon such payment such lienholder shall have a lien on said Unit for the amount paid of the same priority as the lien of his encumbrance without the necessity of having to file a notice or claim of such lien. IX. INSURANCE Purchase All insurance policies upon MILL YARD CONDOMINIUM Property shall be purchased by the Association and shall be issued by an insurance company authorized to do business in Montana. a. Named Insured: The named insured shall be the Association individually and as agent for the Unit Owners without naming them. Such policies shall provide that payments for losses thereunder by the insurer shall be paid to the insurance Trustee hereinafter designated, and all policies and endorsements thereon shall be deposited with the insurance Trustee. Unit Owners may obtain insurance coverage, at their own expense, upon their own personal property and for their personal liability and living expense. b. Copies to Mortgagees: One copy of each insurance policy and of all endorsements thereon shall be furnished by the Association to each mortgagee of a Unit Owner on request. Coverage a. Casualty: All buildings and improvements upon the land shall be insured in an amount equal to the maximum insurable replacement value, and all personal property included in the Common Elements shall be fully insured, with all such insurance to be based on current replacement value, as determined annually by the Board of Directors, but subject to such deductible clauses as are required in order to obtain coverage at reasonable costs. Such coverage shall afford protection against: (1) Loss or damage by fire and other hazards covered by a standard extended coverage endorsement; and Page 26 of 43 (2) Such other risks as from time to time shall be customarily covered with respect to buildings similar in construction, location and use as the buildings on the land, including, but not limited to, vandalism and malicious mischief. (3) Errors or Omissions Insurance for the Directors, Officers and Managers if the Association so desires, in amounts to be determined by the Board. The policies shall state whether roof top equipment, air handling or service equipment should be included or excluded. Each Unit’s interior fixtures finishes, and floor coverings shall not be included within the Association’s insurance. It shall be the responsibility of each Unit Owner to insure these items under their own insurance. b. Public Liability: In such amounts and with such coverage as shall be required by the Board of Directors of the Association, including, but not limited to, hired automobile and non-owned automobile coverage, if applicable, and with cross- liability endorsement to cover liabilities of the Unit Owners as a group to a Unit Owner. c. Other Insurance: Such other insurance as the Board of Directors of the Association shall determine from time to time to be desirable and as may be required by the Federal and State laws. Premiums Premiums for insurance policies purchased by the Association shall be paid by the Association as a common expense, except that the amount of increase in the premium occasioned by use, misuse, occupancy or abandonment of a Unit or its appurtenances or of the Common Elements by a Unit Owner shall be assessed against the Owner. Not less than Ten (10) days prior to the date when a premium is due, evidence of such payment shall be furnished by the Association to each mortgagee listed in the roster of mortgagees. Insurance Trustee All insurance policies purchased by the Association shall be for the benefit of the Association and the Unit Owners and their mortgagees as their interests may appear, and shall provide that all proceeds covering Property losses shall be paid to such bank in Montana with trust powers as may be designated as insurance trustee by the Board of Directors of the Association, which trustee is herein referred to as the insurance trustee. The insurance trustee shall not be liable for payment of premiums, nor for the renewal or the sufficiency of policies, nor for the failure to collect any insurance proceeds. The duty of the insurance trustee shall be to receive such proceeds as are paid and hold the same in trust for the purposes elsewhere stated in this instrument and for the benefit of the Unit Owners, and their mortgagees in the following shares, but which shares need not be set forth on the records of the insurance trustee: a. Unit Owners – An undivided share for each Unit Owner, such share being the same as the undivided share in the Common Elements appurtenant to his Unit. Page 27 of 43 b. Mortgagees – In the event a mortgagee endorsement has been issues as to a Unit, the share of the Unit Owner shall be held in trust for the mortgagee and the Unit Owner as their interests may appear; provided, however, that no mortgagee shall have any right to determine or participate in the determination as to whether or not any damaged property shall be reconstructed or repaired, and no mortgagee shall have any right to apply or have applied to the reduction of a mortgage debt any insurance proceeds except distributions thereof made to the Unit Owner and mortgagee pursuant to the provision of this Declaration. Distribution of Proceeds Proceeds of insurance policies received by the insurance trustee shall be distributed to or for the benefit of the beneficial Owners in the following Manner: a. Miscellaneous - Expenses of administration, the insurance trustee, and construction or remodeling supervision shall be considered as part of the cost of construction, replacement or repair. b. Reconstruction or Repair – If the damage for which the proceeds are paid is to be repaired or reconstructed by the Association, the remaining proceeds shall be paid to defray the costs thereof as elsewhere provided. Any proceeds remaining after defraying such costs shall be distributed to the beneficial Owners, remittances to Unit Owners and their mortgagees being payable jointly to them. c. Failure to Reconstruct or Repair – If it is determined in the manner elsewhere provided that the damage for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be distributed to the beneficial Owners, remittances to Unit Owners and their mortgagees being payable jointly to them. d. Certificate – In making distribution to Unit Owners and their mortgagees, the insurance trustee may rely upon a certificate from the Association made by its representative or Manager as to the names of the Unit Owners and their respective shares of the distribution. Association as Agent The Association is irrevocably appointed agent for each Unit Owner and for each Owner of a mortgage or other lien upon a Unit and for each Owner of any other interest in the condominium Property to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims. Page 28 of 43 Benefit to Mortgagees Certain provisions in this paragraph entitled “Insurance” are for the benefit of mortgagees or trust indenture beneficiaries of condominium parcels, and all such provisions are covenants for the benefit of any mortgagee of a Unit and may be enforced by such mortgagee or beneficiary. Reconstruction A. Repair After Casualty If any part of the condominium property shall be damaged by casualty, whether or not it shall be reconstructed or repaired shall be determined in the following manner: 1. Lesser Damage – If a Unit or Units are found by the Board of Directors of the Association to be tenantable after the casualty, the damaged Property shall be repaired. 2. Greater Damage – If a Unit or Units are found by the Board of Directors to be not tenantable after the casualty, the damaged Property shall be reconstructed or rebuilt. 3. Certificate – The insurance trustee may rely upon a certificate of the Association made by its president and secretary to determine whether or not the damaged Property is to be reconstructed or repaired. B. Plans and Specifications. Any reconstruction or repair must be substantially in accordance with the plans and specifications and the original improvements, or if not, then according to plans and specifications approved by the Board of Directors and by more than Seventy-five percent (75%) of the Unit Owners, including the Owners of all Units the plans for which are to be altered. Any such reconstructions not in accordance with the original plans and specifications must be set forth in an amendment to the Declaration, which amendment shall be prepared and filed of record in accordance with the provisions of such amended filing, more particularly set forth in Paragraph VII and Paragraph VIII, subparagraph 1, hereinabove. C. Responsibility. The responsibility for reconstruction or repair after casualty shall be the same as for maintenance and repair of the Property, and the Association shall work with the insurance trustee to carry out the provisions of this Article. D. Assessments. If the proceeds of insurance are not sufficient to defray the estimated costs of reconstruction or repair for which the Association is responsible, or if at any time during such reconstruction or repair, or upon completion of such reconstructions or repair, the funds for the payment of the costs thereof are insufficient, assessments shall be made against all Unit Owners in sufficient amounts Page 29 of 43 to provide funds to the payment of such costs. Such assessments shall be in proportion to the Owner’s percentage of interest in the General Common Elements. E. Construction Funds The funds for payment of costs of reconstruction or repair after casualty, which shall consist of proceeds of insurance held by the insurance trustee and funds collected by the Association from assessments against Unit Owners, shall be disbursed in the sound discretion of the trustee and according to the contract of reconstruction or repair, which contract must have the approval of the Board and Unit Owners involved. F. Surplus. It shall be presumed that the first monies disbursed in payment of costs of reconstruction and repair shall be from the insurance proceeds. If there is a balance in a construction fund after payment of all costs of the reconstruction and repair for which the fund is established, such balance shall be paid to the Association for the use and benefit of the Unit Owners. X. REMOVAL OR PARTITION – SUBDIVISION MILL YARD CONDOMINIUM may only be removed from condominium ownership, and may only be partitioned or sold, upon compliance with each of the conditions hereof: a. The Board of Directors of the Association must approve the plans of removal, partition or sale, including the details of how any partition or sale, and the distribution of Property or funds, shall be accomplished. b. The plan of removal, partition, or sale must be approved as provided in the Montana Unit Ownership Act. Upon obtaining such approval, the Board shall be empowered to implement and carry out the plan of removal, partition, or sale. c. No Unit may be divided or subdivided into a smaller Unit, nor a portion thereof sold or otherwise transferred, except as provided herein. d. This section shall not apply to the sale of individual Units and shall not be considered as a right of first refusal. e. The Common Elements of MILL YARD CONDOMINIUM shall be perpetually reserved and not be abandoned, partitioned, subdivided, encumbered, sold or transferred without compliance with all of the above requirements. Page 30 of 43 XI. REMEDIES All remedies provided in this Declaration and Bylaws shall not be exclusive of any other remedies which may now be, or are hereafter, available to the parties hereto as provided for by law. XII. SEVERABILITY The provisions hereof shall be deemed independent and severable and the invalidity, partial invalidity or unenforceability of any one or more provisions shall not affect the validity or enforceability of any other provision hereof. XIII. INTERPRETATION The provisions of the Declaration and of the Bylaws to be promulgated and recorded herewith, shall be liberally construed to effectuate the purpose of the Declaration and Bylaws and to create a Building or buildings subject to and under the provisions of the Unit Ownership Act. XIV. ADDITIONAL CITY REQUIRED COVENANTS A. All County declared noxious weeds will be controlled by the Association. B. Lot Owners and residents of the subdivision are informed that adjacent uses may be agricultural. Lot Owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors and noise, smoke, flies, and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical sprays and the use of machinery early in the morning and sometimes late into the evening. C. That all fence bordering agricultural lands must be maintained by the Association in accordance with State law. D. That any covenant which is required as a condition of the 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 procedures in the covenants and the City Commission. E. Open space shown on the approved final plan or plat must not be used for the construction of any structures not shown on the final plan. Page 31 of 43 F. No real property may be removed from this Declaration or released from a Covenant required by the City of Bozeman without the written approval of the City of Bozeman. G. Access to Common Elements is restricted to Unit Owners except as otherwise identified in any public access easements and as shown on Exhibit J. H. Common areas and facilities (including but not limited to Storm Water Facilities) shall be perpetually reserved as such unless otherwise approved in writing by the City of Bozeman. I. The Association is responsible for obtaining and maintaining liability insurance and paying any applicable tax assessments and the maintenance and of any Common Elements and facilities. J. The permission of the City of Bozeman Commission is required before the Association can be dissolved, or the boundaries of the Planned Unit Development altered. K. The Association shall be responsible for performing regular maintenance of the common areas and facilities as further described on Exhibit I. L. If the Association fails to install or maintain improvements according to approved plans, the City of Bozeman may, at its option, complete construction of improvements and/or maintain improvements in compliance with section 38.220.200 and division 38.270 of this Bozeman Municipal Code. The City’s representative, contractors and engineers shall have the right to enter upon the property and perform such work, and the Association shall permit and secure any additional permission required to enable them to do so. The City may bill the Property Owners’ Association for any costs associated with the installation or maintenance of improvements. M. Nothing contained in this Declaration may inhibit compliance with the requirements of division 38.380 of the Bozeman Municipal Code. XV. MISCELLANEOUS Utility Easements In addition to the easements provided for herein, easements are reserved through the condominium Property as may be required for utility services, including heat, air conditioning, water, sewer, power, telephone, natural gas and cable television, in order to serve MILL YARD CONDOMINIUM adequately. However, such easements through the Property or Units shall be only according to the plans and specifications for the Unit Building, as set forth in the recorded plat, or as the Building is constructed, unless approved in writing by the Unit Owner. Page 32 of 43 Right of Access The Association shall have the irrevocable right, to be exercised by the Manager or Board of Directors, to have access to each Unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the Limited Common Elements therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the general or Limited Common Elements or to any other Unit. Damage to the interior or any part of the Unit resulting from maintenance, repair, emergency repair or replacement of any of the general or Limited Common Elements, or as a result of an emergency repair within another Unit at the instance of the Association, shall be designated either Limited or General Common Expenses by the Association and assessed in accordance with such designation. Expenditures No single expenditure or debt in excess Five Thousand Dollars ($5,000.00) may be made or incurred by the Association or Manager without the prior approval or Seventy-five percent (75%) of the Unit Owners, according to their percentile interest. Benefit Except as otherwise provided herein, this Declaration shall be binding upon and shall inure to the benefit of the Declarant, the Association and each Unit Owner, and the heirs, personal representatives, successors and assigns of each. Service of Process The name and address of the person to receive service of process for MILL YARD CONDOMINIUM until another designation is filed of record shall be: Holly March Summers March Law, P.C. 517 S. 22nd Avenue, Suite 1 Bozeman, MT 59718 Warranties The Declarant expressly makes no warranties or representations concerning the Property, the Units, the Declaration, Bylaws, or deeds of conveyance except as specifically set forth therein, and no one may rely upon such warranty or representation not so specifically expressed therein. Estimates of Common Expenses are deemed accurate, but no warranty or guarantee is made or is intended, nor may one be relied upon. Page 33 of 43 Signs The size, location and placement of all signs, including but not limited to signs on siding, exterior doors and exterior windows must be approved by the Owners Association before installation, which approval shall not be unreasonably withheld. All signs must be in conformity with city zoning and sign ordinances then in effect. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be made and executed according to the provisions of the Montana Unit Ownership Act, Title 70, Section 23, MCA. Bangtail Partners, LLC By: __________________________________ _______________, Member STATE OF_______________) :ss County of ________________) On this ______ day of __________________, 20___, before me, a Notary Public in and for the State of ____________________, personally appeared ____________________, known to me to be a Member of Bangtail Partners, LLC and the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same pursuant to the authority granted in him. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. ____________________________________ ____________________________________ Notary Public for the State of____________ Residing at: ________________________ My Commission Expires:_______________ Page 34 of 43 EXHIBIT A LEGAL DESCRIPTION INSERT LEGAL Page 35 of 43 EXHIBIT B COMMON ELEMENTS Page 36 of 43 EXHIBIT C LEASED PARKING AREA Page 37 of 43 EXHIBIT D UNDERGROUND PARKING GARAGE Page 38 of 43 EXHIBIT E SITE PLAN Page 39 of 43 EXHIBIT F FLOOR PLANS Page 40 of 43 EXHIBIT G CERTIFICATE OF ARCHITECT The undersigned, being a duly registered professional architect in the State of Montana, herewith certifies the following: That the floor plans for the MILL YARD CONDOMINIUM situated according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, as duly filed with the Declaration and Bylaws thereof, fully and accurately depict the layout, location, Unit Designation and dimensions as built of the MILL YARD CONDOMINIUM and that such floor plans are an accurate copy of the plans filed with and approved by the officials and officers of the City of Bozeman having jurisdiction to issue building plans. Such floor plans render hand representation of the actual building. Dated: _________________________________ ______________________________ (Name) Registered Professional Architect Number:____________________ Page 41 of 43 EXHIBIT H CERTIFICATE OF NAME The undersigned being the duly authorized agent of the Department of Revenue of the State of Montana within the County of Gallatin, herewith executes the following certificate relating to the MILL YARD CONDIMINIUM situated as follows: INSERT LEGAL 1. That the name MILL YARD CONDOMINIUM is not the same as, similar to or pronounced the same as a word in the name of any other property or subdivision within Gallatin County, except for the word “Condominium”, and 2. All taxes and assessments due and payable for the said MILL YARD CONDOMINIUM have been paid to date. Dated: ________________________________________ ______________________________ County Assessor Page 42 of 43 EXHIBIT I SHOWING COMMON AREA AND FACILITIES MAINTENANCE PLANS, INCLUDING BUT NOT LIMITED TO STORM WATER MAINTENANCE PLAN AND IRRIGATION Page 43 of 43 EXHIBIT J PUBLIC ACCESS AREAS April 18, 2019 Project No. 06020.04 STORM DRAINAGE FACILITY MAINTENANCE PLAN FOR COTTONWOOD & IDA MIXED USED DEVELOPMENT BOZEMAN, MONTANA OVERVIEW NARRATIVE The purpose of this maintenance plan is to outline the necessary details related to ownership, responsibility and cleaning schedule for the storm drainage facilities for the Cottonwood & Ida Mixed Use Development. This plan has been completed in accordance with The City of Bozeman Design Standards and Specifications Policy , dated March 2004. The site stormwater improvements have been designed with the intent to meet the current City of Bozeman drainage regulations for the entire site to the extent feasible. In general, the design intent of the storm drain system is to provide a subsurface chamber system for partial infiltration/partial detention with a controlled release of stormwater into public stormwater system mimicking pre-development runoff rates. The plans currently show an ADS product—Stormtech Chambers. Equivalent products may be substituted (e.g. Contech ChamberMaxx.) Specific site information and criteria are described below: I. Ownership of Facilities HOA/POA Imperial Development, LLC currently owns the property, but it is understood that, at full build-out and occupancy, the owning and/or managing entity may change to a Homeowners Association (HOA) or Property Owners Association (POA) or some other entity. That owning entity will own all stormwater facilities, including the subsurface chamber systems, inlets and storm drain piping within the property. II. Inspection Thresholds for Cleaning Subsurface Chamber System If the average depth of sediment exceeds 3 inches, clean Subsurface System. Refer to Isolator Row Maintenance Plan attached. V:06020.04_SD Maintenance Plan 2 (04/18/18)MTR Storm Drain Inlets and Manholes If sediment in sump exceeds 5 inches or grate is more than 25% clogged with debris, clean grate and/or structure. Storm Drain Piping If sediment in sump exceeds 2 inches, clean pipe. III. Cleaning Subsurface Chamber System To clean the Subsurface Chamber Systems, use the JetVac process outlined in the Isolator Row Inspection/Maintenance plan attached or equivalent cleaning process effective at removing sediment appropriately from the isolator row of the chamber system. Nearby Owner of Vacuum Head David – Rocky Mountain Super Vac 73 Morning Glory Lane Kalispell, MT 59901 406-257-4639 Manholes, Inlets To clean grate of structure, remove and dispose of debris clogging the grate. To clean structure, use catch basin vacuum to remove sediment and debris. Pipes To clean pipes, flush pipe at inlet structure and ensure that debris is captured at outlet structure and is removed. IV. Schedule Subsurface Chamber System Inspection: Every 6 months Vacuum Manholes/Chambers: Every 5 years or as needed based on inspection Note: Refer to Isolator Row Maintenance Plan attached. Storm Drain Inlets and Manholes Inspection: Every 6 months Vacuum Inlets/Manholes: Every 5 years or as needed based on inspection Storm Drain Piping Inspection: Inspect inverts and outlet inverts every 6 months Flush pipes every 5 years or as needed based on inspection and condition of inlet or manhole. V:06020.04_SD Maintenance Plan 3 (04/18/18)MTR V. Responsible Party City of Bozeman The City of Bozeman will be responsible for the inspection and maintenance of the stormwater inlets, manholes and pipes within the public ROW within streets adjacent to the project (Aspen Street, Ida Avenue, and Cottonwood Street) where stormwater pipes are present. HOA/POA The entity that owns and/or manages the finished project will be responsible for stormwater facilities located within the private property lines of the proejct and will be responsible for maintaining the proposed Subsurface Chambers, even within the public access easements (e.g. within the Emergency Vehicle Access along the western property line of the project). Isolator ®Row O&M Manual StormTech ®Chamber System for Stormwater Management Save Valuable Land and Protect Water Resources Detention • Retention • Water Quality A division of 1.1 INTRODUCTION An important component of any Stormwater Pollution Prevention Plan is inspection and maintenance. The StormTech Isolator Row is a patented technique to inexpensively enhance Total Suspended Solids (TSS) removal and provide easy access for inspection and maintenance. 1.2 THE ISOLATOR ROW The Isolator Row is a row of StormTech chambers, either SC-310, SC-310-3, SC-740, DC-780, MC-3500 or MC- 4500 models, that is surrounded with filter fabric and con - nected to a closely located manhole for easy access. The fabric-wrapped chambers pro vide for settling and filtra - tion of sediment as storm water rises in the Isolator Row and ultimately passes through the filter fabric. The open bottom chambers and perforated side walls (SC-310, SC- 310-3 and SC-740 models) allow storm water to flow both verti cally and horizon tally out of the chambers. Sediments are cap tured in the Isolator Row protecting the storage areas of the adjacent stone and chambers from sediment accumulation. Two different fabrics are used for the Isolator Row. A woven geotextile fabric is placed between the stone and the Isolator Row chambers. The tough geo textile provides a media for storm water filtration and provides a durable surface for maintenance operations. It is also designed to prevent scour of the underlying stone and remain intact during high pressure jetting. A non-woven fabric is placed over the chambers to provide a filter media for flows passing through the perforations in the sidewall of the chamber. The non-woven fabric is not required over the DC-780, MC-3500 or MC-4500 models as these chambers do not have perforated side walls. 2 Call StormTech at 888.892.2694 or visit our website at www.stormtech.com for technical and product information. 1.0 The Isolator ®Row The Isolator Row is typically designed to capture the “first flush” and offers the versatility to be sized on a vol - ume basis or flow rate basis. An upstream manhole not only provides access to the Isolator Row but typically includes a high flow weir such that storm water flowrates or volumes that exceed the capacity of the Isolator Row overtop the over flow weir and discharge through a manifold to the other chambers. The Isolator Row may also be part of a treatment train. By treating storm water prior to entry into the chamber system, the service life can be extended and pollutants such as hydrocarbons can be captured. Pre-treatment best management practices can be as simple as deep sump catch basins, oil-water separators or can be inno - vative storm water treatment devices. The design of the treatment train and selection of pretreatment devices by the design engineer is often driven by regulatory requirements. Whether pretreatment is used or not, the Isolator Row is recommended by StormTech as an effective means to minimize maintenance requirements and maintenance costs. Note: See the StormTech Design Manual for detailed information on designing inlets for a StormTech system, including the Isolator Row. ECCENTRIC HEADER MANHOLE WITH OVERFLOW WEIR STORMTECH ISOLATOR ROW OPTIONAL PRE-TREATMENT OPTIONAL ACCESS STORMTECH CHAMBERS StormTech Isolator Row with Overflow Spillway (not to scale) Looking down the Isolator Row from the manhole opening, woven geotextile is shown between the chamber and stone base. 2.0 Isolator Row Inspection/Maintenance Call StormTech at 888.892.2694 or visit our website at www.stormtech.com for technical and product information. 3 Maintenance is accomplished with the JetVac process. The JetVac process utilizes a high pressure water noz - zle to propel itself down the Isolator Row while scouring and suspending sediments. As the nozzle is retrieved, the captured pollutants are flushed back into the man - hole for vacuuming. Most sewer and pipe maintenance companies have vacuum/JetVac combination vehicles. Selection of an appropriate JetVac nozzle will improve maintenance efficiency. Fixed nozzles designed for cul - verts or large diameter pipe cleaning are preferable. Rear facing jets with an effective spread of at least 45” are best. Most JetVac reels have 400 feet of hose allow - ing maintenance of an Isolator Row up to 50 chambers long. The JetVac process shall only be performed on StormTech Isolator Rows that have AASHTO class 1 woven geotextile (as specified by StormTech) over their angular base stone. 2.1 INSPECTION The frequency of Inspection and Maintenance varies by location. A routine inspection schedule needs to be established for each individual location based upon site specific variables. The type of land use (i.e. industrial, commercial, residential), anticipated pollutant load, per - cent imperviousness, climate, etc. all play a critical role in determining the actual frequency of inspection and maintenance practices. At a minimum, StormTech recommends annual inspec - tions. Initially, the Isolator Row should be inspected every 6 months for the first year of operation. For sub sequent years, the inspection should be adjusted based upon previous observation of sediment deposition. The Isolator Row incorporates a combination of standard manhole(s) and strategically located inspection ports (as needed). The inspection ports allow for easy access to the system from the surface, eliminating the need to perform a confined space entry for inspection purposes. If upon visual inspection it is found that sediment has accumulated, a stadia rod should be inserted to deter - mine the depth of sediment. When the average depth of sediment exceeds 3 inches throughout the length of the Isolator Row, clean-out should be performed. 2.2 MAINTENANCE The Isolator Row was designed to reduce the cost of periodic maintenance. By “isolating” sediments to just one row, costs are dramatically reduced by eliminating the need to clean out each row of the entire storage bed. If inspection indicates the potential need for main - tenance, access is provided via a manhole(s) located on the end(s) of the row for cleanout. If entry into the manhole is required, please follow local and OSHA rules for a confined space entries. StormTech Isolator Row (not to scale) Examples of culvert cleaning nozzles appropriate for Isolator Row maintenance. (These are not StormTech products.) NOTE: NON-WOVEN FABRIC IS ONLY REQUIRED OVER THE INLET PIPE CONNECTION INTO THE END CAP FOR DC-780, MC-3500 AND MC-4500 CHAMBER MODELS AND IS NOT REQUIRED OVER THE ENTIRE ISOLATOR ROW. Step 1) Inspect Isolator Row for sediment A) Inspection ports (if present) i. Remove lid from floor box frame ii. Remove cap from inspection riser iii. Using a flashlight and stadia rod, measure depth of sediment and record results on maintenance log. iv. If sediment is at, or above, 3 inch depth proceed to Step 2. If not proceed to step 3. B) All Isolator Rows i. Remove cover from manhole at upstream end of Isolator Row ii. Using a flashlight, inspect down Isolator Row through outlet pipe 1. Mirrors on poles or cameras may be used to avoid a confined space entry 2. Follow OSHA regulations for confined space entry if entering manhole iii. If sediment is at or above the lower row of sidewall holes (approximately 3 inches) proceed to Step 2. If not proceed to Step 3. Step 2) Clean out Isolator Row using the JetVac process A) A fixed culvert cleaning nozzle with rear facing nozzle spread of 45 inches or more is preferable B) Apply multiple passes of JetVac until backflush water is clean C) Vacuum manhole sump as required Step 3) Replace all caps, lids and covers, record observations and actions Step 4) Inspect & clean catch basins and manholes upstream of the StormTech system ADS “Terms and Conditions of Sale” are available on the ADS website, www.ads-pipe.com Advanced Drainage Systems, the ADS logo, and the green stripe are registered trademarks of Advanced Drainage Systems. Stormtech ®and the Isolator ®Row are registered trademarks of StormTech, Inc. Green Building Council Member logo is a registered trademark of the U.S. Green Building Council. © 2013 Advanced Drainage Systems, Inc. SO90809 02/13 3.0 Isolator Row Step By Step Maintenance Procedures 4 21) B) 1) A) StormTech Isolator Row (not to scale) Stadia Rod Readings Fixed point Fixed point Sediment Date to chamber to top of Depth Observations/Actions Inspector bottom (1) sediment (2) (1) - (2) 3/15/01 6.3 ft. none New installation. Fixed point is Cl frame at grade djm 9/24/01 6.2 0.1 ft. Some grit felt sm 6/20/03 5.8 0.5 ft. Mucky feel, debris visible in manhole and in rv Isolator row, maintenance due 7/7/03 6.3 ft. 0 System jetted and vacuumed djm Sample Maintenance Log 70 Inwood Road, Suite 3 Rocky Hill Connecticut 06067 860.529.8188 888.892.2694 fax 866.328.8401 www.stormtech.com Detention • Retention • Water Quality A division of EXHIBIT J COMMON AREA LIGHTING MAINTENANCE PLAN The Association shall be responsible for following all manufacturer guidelines on maintenance of lighting systems utilized in connection with Common Elements. In addition to any manufacturer guidelines, on a regular basis but not less than every six months, the association shall be responsible for the following lighting maintenance plan: 1. Straighten and adjust fixtures to ensure design integrity; 2. Remove debris that might be covering fixtures; 3. Check all connections to ensure integrity of connections; 4. Check for proper voltage delivery on each fixture; 5. Clean lenses and fixtures to ensure longevity and correct light output; 6. Tighten transfer terminal block connections; 7. Properly reposition or rebury any cabling that may have been moved or exposed due to weather or other factors; 8. Prune and/or trim shrubs and trees as necessary to limit interference with light output; 9. Check automatic timing and operational control systems to ensure proper function; and 10. Replace burnt out or dimming light bulbs as necessary. When possible, replacements shall be made with energy efficient light bulbs. In replacing bulbs, care should be taken to ensure that the color of lighting is consistent throughout the Common Areas. The cost of implementing the lighting plan shall be either a Limited or General Common Element Expense, as the case may be as further described under the Declaration.