The URL can be used to link to this page

Home My WebLink About14.0 Bridger Vale SAP_03-16-2021 Tetra Tech 851 Bridger Dr., Ste. 6 | Bozeman, MT 59715 Office Tel 406.624.4039 | Cell Tel 406.459.4169 | tetratech.com SUB-SLAB VAPOR MITIGATION SYSTEM And SAMPLING AND ANALYSIS PLAN For VAPOR INTRUSION Revision 1 Bridger Vale Subdivision, Bozeman, Montana March 16, 2021 Introduction The Bridger Vale Subdivision (or Annexation, also described as the site) is an approximately 6.5-acre residential subdivision under construction near Glen Lake (recreational park) off Manley Drive in Bozeman, Montana. It is adjacent to the former East Gallatin Landfill, which was the City’s primary solid waste landfill until 1969. The first edition of this sampling and analysis plan (SAP) was submitted to Ebbighausen Homes on December 15, 2020 as part of the subdivision and planned unit development review process. Since then, City of Bozeman has reviewed the documents and attachments and responded with comments titled, Bridger Vale Final Plat Review on March 3, 2021. This document is Revision 1 and incorporates the City of Bozeman’s March 3rd requested revisions and comments. This document also presents design criteria for placement of an impermeable liner underlying the concrete slab of each home. The infrastructure for the subdivision is currently under construction. As of early end of February 2021, there was an access road, underground utilities, and curbs and gutters. Condominiums and/or single-family homes are planned at the site, which will be constructed “slab on grade” with no crawlspaces, after the final plat is approved by the City. Out of concern for soil gas potentially containing volatile organic compounds (VOCs) migrating from the former East Gallatin landfill, the City of Bozeman and Ebbighausen Homes have agreed to a Declaration of Institutional Controls for the Bridger Vale Annexation (Attachment A). This document requires that the homes be constructed “slab-on- grade” and that sub-slab vapor mitigation systems be installed in each home. The systems can be active or passive and must comply with best practices established by Montana Department of Environmental Quality (MDEQ). A passive system will be implemented that will entail placement of an impermeable liner beneath the concrete slab of each home. Vapor intrusion occurs when there is a migration of chemicals in the vapor phase from any subsurface source into a building. MDEQ vapor intrusion guidance (MDEQ, 2011) will be followed and an impermeable liner will be required to be placed under the concrete slab of each home constructed. The liner will provide a barrier that minimizes subsurface vapors entering the home through the concrete slab (DEQ, 2011). Installed properly and with the liner sealed around piping (coming up from the subsurface), this type of system has a demonstrated effectiveness in reducing vapor intrusion. Following installation of each liner and completion of the home, monitoring for vapor intrusion is proposed using the presence of radon as an indicator of the effectiveness of the SSD system. Soil Vapor Monitoring Background The use of radon as a tracer for soil gas movement into buildings has been effectively used in previous investigations by the City of Bozeman at the Bozeman Landfill (also known as the Story Mill Landfill) and by others (McHugh, Hammond, Nickels, and Hartman; 2008). The value of using radon as an indicator of vapor intrusion is that it is an easier and less expensive test than those necessary to quantify the large number of Volatile Organic Compounds (VOCs) that are typically released by landfills. In addition, it is common for VOCs to be detected in indoor air in homes due to the many chemicals commonly present in homes from the off-gassing of building materials, cleaning chemicals, furniture, gasoline storage in garages, dry cleaned garments, and other sources. Hence, indoor air VOC analyses frequently report VOCs, even in homes with no subsurface VOC origin, making it Vapor Intrusion Sampling and Analysis Plan Bridger Vale Subdivision March 16, 2021 Page 2 of 5 TETRA TECH 2 difficult to differentiate VOCs present in the subsurface and migrating through foundations into the home from sources of VOCs within the home. Since radon is not present in measurable quantities in materials typically found in a home, it can be assumed that any radon observed in indoor air has migrated through the home’s foundations from the earth. Therefore, if radon is observed in the subsurface but not in the home’s indoor air, then it can be assumed that the passive controls implemented are also preventing VOC migration from the subsurface into the home. If radon is observed in indoor air but at dramatically lower concentrations than observed in the subsurface (perhaps 1/100 or 1/1,000 times less), it can be assumed that the passive controls are having the same barrier effect on VOC concentrations and acceptable VOC levels exist in the home. DESCRIPTION OF SUB-SLAB VAPOR MITIGATION SYSTEM AND CONTINGENCY SYSTEM A passive sub-slab vapor mitigation system will be implemented for each home at the site. As described in the Geo- Seal® vapor intrusion barrier information in Attachment B, the passive vapor intrusion barrier or impermeable liner will be “placed between the building foundation and the soil pad to eliminate vapor exposure pathways and stop contaminated vapors from permeating through the slab”. Although there are several reputable vapor mitigation liner suppliers, Geo-Seal® vapor intrusion mitigation system information is provided as an example of the type of product that can be used under the concrete slab of each home. A description and specifications of the Geo-Seal® components is provided in Attachment B. Should it be determined that the passive mitigation system is ineffective in decreasing radon levels to below EPA’s recommended action level of 4 picocuries/liter in the home, an investigation will be conducted as to the cause and improvements recommended and installed. Follow-up radon monitoring would be conducted to confirm that the improvements are effective. Should follow-up testing indicate that the passive barrier continues to not function, and all reasonable or feasible improvements have been made, then an active sub-slab depressurization (SSD) system will be installed in the home. This system would consist of a vapor extraction point drilled through the concrete slab, installation of PVC piping connected to an electric fan (which generates a vacuum), which subsequently is connected to PVC piping to vent subsurface gasses to the outdoors. The design and installation of each SSD system will be conducted in accordance with the Montana Vapor Intrusion Guide (MDEQ 2011), Section 8.2. A radon mitigation contractor will be selected by the Ebbighausen Homes, or its successors and assigns, to test, design, and install an SSD system in the home. That design will be reviewed by a Montana licensed PE prior to its installation. SAMPLING AND ANALYSIS PLAN This SAP will provide a means to monitor for vapor intrusion in each residential home constructed at the site. It follows recommendations from MDEQ’s Montana Vapor Intrusion Guide (DEQ 2011) and describes sampling methods and handling procedures, analytical testing methods, quality control requirements, data storage, and reporting. Sampling Objectives The objectives of this SAP are to provide data to the City of Bozeman and future residents at the site confirming the effectiveness of sub-slab vapor mitigation systems in minimizing soil vapor intrusion. Comparison of radon results in air samples collected from beneath the concrete slab and in the indoor air of each residence will demonstrate the passive control at each residence is effective in breaking the vapor intrusion pathway. Design of Monitoring Systems The monitoring systems discussed here will allow the sampling of soil gas beneath the concrete slab and in indoor air for each residence. To enable sampling of soil gas beneath the concrete slab, a sampling station will be installed during installation of the concrete slab. The design of this sub-slab monitoring station is shown in Figure 1. This sampling station will consist of a Schedule 40, polyvinyl chloride (PVC) 2-inch diameter pipe. The pipe will be open- ended at the bottom with several saw cuts serving as perforations to the pipe, at its base. The top or collar of the Vapor Intrusion Sampling and Analysis Plan Bridger Vale Subdivision March 16, 2021 Page 3 of 5 TETRA TECH 3 pipe will have a slip cap (specific to the size of the PVC pipe) fitted on it. Total length of the pipe is anticipated to be about one foot but could be longer depending on the thickness of the concrete slab and sub-slab bedding material. As with all piping and conduit through the concrete slab, the monitoring station would have the liner adhered to it in accordance with Geo-Seal® protocols described in Attachment B. Sampling Location and Frequency Each residence will have two radon gas sampling stations/locations. As mentioned above, the first would be the home’s air space on the ground floor. This sampling station would be near the center of the house (typically on a kitchen counter or table, but not in the garage). The second sampling station would be the sub-slab monitoring station, which would be located, preferably, as near to the middle of the home’s footprint, as practicable and not less than ten feet from the exterior wall of the residence. A closet or pantry is typically used to keep the sampling point out of the way of foot traffic. Easy access to the second station would be maintained throughout occupancy of the residence, for the purpose of repeated monitoring events, as needed. Two or more monitoring events would be conducted under closed house conditions. The first monitoring event would consist of the following: a sampling event would be conducted immediately following completion of construction of the home following recommendations in ANSI/AARST Protocol for Conducting Measurements of Radon and Radon Decay Products in Homes (ANSI MAH, 2019) and prior to occupancy and a second sampling event would be conducted one year later to verify the first monitoring results and assess the integrity of the passive (liner) system and concrete slab in each residence. Annual monitoring would continue, as described above, until City of Bozeman approves of no further monitoring. Sampling and Analytical Testing Methods For each house to be sampled, a pre-sampling survey will be conducted and documented using the questionnaire form found in the Montana Vapor Intrusion Guide (MDEQ 2011). The locations within the home of each sampling location will be documented and photographs taken for the project file. The above-mentioned monitoring events would be conducted under “closed-house” conditions where windows and doors would be kept closed and preferably, no heating and cooling systems would be operating for the duration of the testing. Attachment C contains AccuStar Labs Radon Testing Checklist and test kit instructions that should be followed prior, during, and after each monitoring event. This attachment also contains a copy of monitoring forms that should be used. Sample designation will include the home’s address, date and time, and the location of the sample (sub-slab sample or living space sample). Each home will have a unique designation and each sampling location within the home will be clearly labelled on the sample container and the sample set chain of custody. Photographs will be taken where field personnel determine it is warranted to document any unique or changed conditions. In addition, monitoring would ideally be conducted during seasonally low groundwater levels and during weather periods of a falling barometer that can result in the release of soil gas from the subsurface. However, it may be impractical to adhere to these additional requirements and the monitoring will likely be conducted during a range of groundwater elevation and barometric pressure conditions. AccuStar Labs sample forms and analytical methods are proposed as examples. AccuStar Labs is an accredited laboratory that has a variety of test kits to accommodate different testing conditions. Other accredited laboratories may also be used. Prior to conducting the sampling in the sub-liner monitoring station, humidity would be measured. This would be accomplished by putting the humidity meter in a clear plastic bag and sealing the bag to the PVC pipe. Humidity would be read from the meter after four hours. If humidity is less than 75%, then the AccuStar LS Air Real Estate Test Kit can be used and lowered into the PVC pipe and sealed with the cap. If humidity is at or above 75%, then the AccuStar 4-inch diameter, Diffusion Barrier Canister Test Kit would be used (to resist the effects of humidity). Vapor Intrusion Sampling and Analysis Plan Bridger Vale Subdivision March 16, 2021 Page 4 of 5 TETRA TECH 4 The sampling at the sub-liner monitoring station, would be accomplished by placing the larger test kit in a clear plastic bag and sealing the bag to the PVC pipe for the duration of the test. Test durations range between 2 to 7 days depending on the test kit used. At the conclusion of each test, each test kit would be sealed in accordance with AccuStar instructions. In addition, to maintain sample integrity, each sample will have a signed and dated custody seal placed over each test kit cap. Samples will be shipped to AccuStar, with a completed chain of custody, for analysis within the analytical holding time. Quality Assurance/Quality Control Methods For the purpose of Quality Assurance/Quality Control (QA/QC), a blank sample and a duplicate sample will be collected during each monitoring event. If several homes are monitored, at the same time, then for every ten natural samples, a duplicate, and a blank will also be collected. All radon results will be reported in piCuries per liter (pCi/L). AccuStar Labs conducts analysis of the granular activated carbon in the test kit (sampler) using analytical method EPA Method #402-R-92-004 liquid scintillation. The analytical detection limit for this method is 0.4 pCi/L. AccuStar Labs has maintained its National Environmental Laboratory Accreditation Program (NELAP) accreditation. Additional accreditations include: National Radon Proficiency Program (NRPP) and National Radon Safety Board. A level one data validation will be conducted on each sample set by an environmental scientist experienced in the preparation of data validation reports. The data validation report will also have a review of the physical conditions at the time of sampling, laboratory results, laboratory control samples, and other analytical information. This data validation report will be included with each data set and provided to the City of Bozeman. Deficiencies in the sample set QA/QC will be noted and remedies proposed, or qualifications made in reporting the analytical data to Ebbighausen Homes, its successors or assigns, City of Bozeman, and/or the builder or homeowner. The criteria for acceptable data will follow ANSI MAH, 2019, which includes the following: • Any result less than 2 pCi/l will be considered as below the method detection limit. • If both the natural sample and the duplicate are above 4 pCi/L then the results are acceptable. • If both the natural sample and the duplicate are below 4 pCi/L then the results are acceptable. • If one sample is above 4 pCi/L and one is below but the higher result is less than twice the lower result, then report the average of the two samples. • If one sample is above 4 pCi/L and one is below but the higher result is more than twice the lower result, then the results are not acceptable and the sample location should be resampled. Data Storage Documents in the project data storage will include the following: pre-sampling survey of each home sampled, completed AccuStar monitoring forms for each radon sample collected and analyzed, completed chain of custody forms for each monitoring event, laboratory reports, data validation reports, reports submitted to City of Bozeman, and any other communications or agreements documented. The environmental science consultant will keep and maintain the project documents. These documents will be accessible to the Ebbighausen Homes, its successors or assigns, and City of Bozeman. Data Analysis and Reporting Ebbighausen Homes, or its successors or assigns, will receive analytical results from AccuStar Labs as either a paper copy or will retrieve it from AccuStar’s website. Data will be evaluated by an environmental science consultant to identify if radon gas concentrations in indoor air are either not detected above analytical method detection limits or are at concentrations below EPA’s Action Level for private residences (4 pCi/L). The data analysis will follow recommendations from ANSI/AARST MAH which states that indoor air radon results over 4 pCi/l indicate additional Vapor Intrusion Sampling and Analysis Plan Bridger Vale Subdivision March 16, 2021 Page 5 of 5 TETRA TECH 5 sampling and site evaluation are needed. This might entail a simple resampling of the location, use of Extended Period sampling (up to 7 days), sampling with heating systems running, etc. If the results are confirmed by this evaluation then active mitigation measures may be needed. If indoor air radon results are between 2 and 4 pCi/L then additional evaluation will also be conducted, which might entail conducting a similar set of resampling methods as outlined above to confirm radon levels are below the EPA action level and/or are significantly lower than the subslab radon levels.. Subsurface radon gas levels will also be compared to indoor air levels to evaluate the effectiveness of the sub-slab vapor mitigation system in limiting VOC vapor intrusion. If the ratio of subslab radon to indoor air radon is 100 to 1 or greater, that typically indicates the passive barrier is working. A brief letter report transmitting the radon gas lab results and interpretation of the results will be submitted to each homeowner. The letter reports, all monitoring data, pre-sampling surveys, and completed monitoring forms for each home, will be submitted to City of Bozeman for each monitoring year. Prepared by: Reviewed by: Mark F. Pearson Kirk Miller Tetra Tech Environmental Scientist Tetra Tech Senior Project Manager mfp Attachments A, B, and C References: ANSI/AARST Consortium on National Radon Standards, Protocol for Conducting Measurements of Radon and Radon Decay Products in Homes, 2019 AccuStar Labs Website: https://www.accustarlabs.com/ Dept. of Environmental Quality, 2011. Montana Vapor Intrusion Guide. April 22. McHugh T. E., D. E. Hammond, T. Nickels, and B. Hartman, 2008. Use of Radon Measurements for Evaluation of Volatile Organic Compound (VOC) Vapor Intrusion. Environmental Forensics, Vol 9:1, pp 107-114. DOI: 10.1080/15275920801888491. Published online March 18, 2008. NOT TO SCALE FIGURE 1 Design Detail - Sub-Liner Monitoring Station Figure 1 Sub Liner Monitoring Station.dwg - JHD - 12/12/20202" DIA. PVC SLIP CAP - LABEL CAP (RADON GAS MONITORING PORT) AIR TIGHT SEAL USING SILICONE CAULK 2" DIA. PVC SCHEDULE 40 PVC PIPE RESIDENCE FLOOR LEVEL CONCRETE SLAB SAND & GRAVEL LINER 2" DIA. PVC PIPE EXTEND BELOW LINER FOR APPROX. 6" AND HAVE SEVERAL SAW CUTS (SLOTS) WATER/AIR TIGHT AND PERMANENT SEAL CONNECTING THE LINER TO THE PVC PIPE 6" NOTE: Monitoring station must be a minimum of 10 feet from exterior wall of each residence. BRIDGER VALE SUBDIVISION Sampling and Analysis Plan ATTACHMENT A Bridger Vale Subdivision 1 Declaration of Covenants, Conditions and Restrictions After Recording Please Return to: Bridger Vale Owners’ Association Andy Ebbighausen PO Box 930 Manhattan, MT 59791 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS BRIDGER VALE SUBDIVISION This Declaration of Covenants, Conditions and Restrictions (“Declaration”) is made and entered into on this day of , 2021 by Bridger Vale, LLC, subdivider of the Bridger Vale Subdivision (“Declarant”). RECITALS WHEREAS, Declarant is the owner of the real property comprising the Bridger Vale Subdivision, which is more specifically described in Exhibit “A” attached hereto and incorporated herein by reference (“Property”, “Bridger Vale Subdivision” or “Subdivision”). WHEREAS, it is the intent of Declarant, by and through this Declaration, to establish certain covenants, conditions and restrictions to encumber the Property, to regulate and control the use of the Bridger Vale Subdivision, and to place building and use restrictions on the Property for the use and benefit of Declarant and present and future Owners of the Property; WHEREAS, the purpose of this Declaration is to protect the value, character, desirability, and aesthetic nature of the Property; WHEREAS, when a Lot or Unit is purchased in the Bridger Vale Subdivision, the fee owner of the Lot, Unit, and Commercial Lot within the Subdivision automatically becomes a Member of the Bridger Vale Subdivision Property Owners’ Association (“Association”); and, WHEREAS, the Association shall be governed by a Board of Directors (“Board”), which shall implement, administer and enforce these covenants, conditions and restrictions, and NOW THEREFORE, the undersigned hereby establishes and declares that the following restrictions, covenants and conditions, which shall be applicable to and binding upon the Property, shall run with the Property and shall inure to the benefit of the Declarant, the Bridger Vale Subdivision, the Association and each Owner, and their or its, heirs, successors and assigns. Bridger Vale Subdivision 2 Declaration of Covenants, Conditions and Restrictions ARTICLE I PERSONS AND PROPERTY BOUND BY THE COVENANTS, CONDITIONS, AND RESTRICTIONS Section 1. Persons Bound by the Covenants, Conditions, and Restrictions. The covenants, conditions and restrictions shall be binding on the Association and Owners, including all parties having any right, title or interest in the Subdivision, including persons, groups of persons, corporations, partnerships, associations or other entities which shall hereafter acquire any interest in and to the Bridger Vale Subdivision, or any part thereof, their heirs, successors and assigns. Section 2. Property Bound by the Covenants, Conditions, and Restrictions. The covenants, conditions and restrictions shall be binding on the Property, which is more specifically described in Exhibit “A” attached hereto and incorporated herein by reference. ARTICLE II DEFINITIONS Architectural Review Committee. A committee of a minimum of three (3) members of the Association who review and approve proposals pursuant to Article IV of this Declaration, and in accordance with the provisions of this Declaration, and Landscaping Plan, attached as Exhibit and C respectively. Articles of Incorporation or Articles. Articles of Incorporation of the Bridger Vale Subdivision Property Owners’ Association, Inc. as filed with the Montana Secretary of State on the day of , 2021, and any amendments and restatements thereto. Association or Owners’ Association. Bridger Vale Subdivision Property Owners’ Association, Inc., a Montana non-profit corporation operating pursuant to §35-2-113, et seq., MCA, its successors or assigns. Automobile. A two, three, or four, or more door passenger vehicle, sports utility vehicle, or pick-up truck with or without a canopy cover or topper, or a moped or motorcycle, which is primarily used for transporting a small number of people over public highways. Board of Directors or Board. Board of Directors of the Bridger Vale Subdivision Property Owners’ Association, Inc. BMC. Municipal Code of the City of Bozeman, Montana, including the Unified Development Code of the City of Bozeman. Bylaws. Bylaws for the Bridger Vale Subdivision Property Owners’ Association, Inc., and any amendments or restatements thereto. City. The City of Bozeman. Bridger Vale Subdivision 3 Declaration of Covenants, Conditions and Restrictions Commercial Lot. Lot 1, Block 1 of the Bridger Vale Subdivision, and any other lots designed by the Declarant as a commercial lot subject to the Commercial Lot Restriction of this Declaration of Covenants, Conditions, and Restrictions and the Commercial Lot Design Guidelines. Common Areas and Facilities. Common Areas and Facilities may include parks or parkland, boulevard strips in public rights of way along external subdivision streets and adjacent to parks and/or open space, common open space, neighborhood centers (except for neighborhood commercial and civic uses and their grounds), and pathways as defined in BMC, and lighting, stormwater facilities, and irrigation facilities installed in Common Areas. Declaration. This Declaration of Covenants, Conditions, and Restrictions, as it may, from time to time, be amended or supplemented. Home-Based Business. Any business, occupation or activity undertaken for gain within a residential structure that is incidental and secondary to the use of that structure as a dwelling. Lot. An area of land established by the subdivision plat, recorded in the public land records in the office of the Clerk and Recorder of Gallatin County, Montana, to be separately owned, developed, and used, except for the purposes of this Declaration, the Commercial Lot as defined above. MDEQ. The Montana Department of Environmental Quality. Member. An Owner of a Lot, Unit, or the Commercial Lot. If a Unit or Lot is held by more than one Owner, all co-Owners shall share the rights and obligations of membership in the Association, provided that there shall be collectively only one membership for each Unit, Lot, or Tract. Open Space. Lot devoid of buildings and other physical structures, except those accessory to the recreation use of the Lot, including, but not limited to, benches, picnic tables and interpretive signage, which is conveyed to the Association for use by the Association and its Members and Owners in common as identified on the final plat approved for the Bridge Vale Subdivision. Ordinance. Unified Development Code of the City of Bozeman, which regulations governing the division, development, and use of land within the City limits, and which apply to the Property within Bridger Vale, as described in Exhibit A, and the uses, buildings, and structures thereon. Owner or Owners. All parties having any right, title or interest in the Bridger Vale Subdivision, including persons, corporations, partnerships, associations or other entities which shall hereafter acquire any interest in and to the Property, Lots, townhomes, or Units, or any part thereof, their heirs, successors and assigns, excluding in all cases any persons, corporations, partnerships, associations or other entities holding an interest merely as security for the performance of an obligation. Bridger Vale Subdivision 4 Declaration of Covenants, Conditions and Restrictions Park. Shall mean all of the Open Space, as defined by the Ordinance, under the legal ownership or legal control of the City, that provides area for active and passive recreational purposes, as identified on the final plat approved for the Bridge Vale Subdivision. Short Term Rental. A vacation home or tourist home as defined by state law, a dwelling as defined in the Ordinance, accessory dwelling unit, or room within a vacation home or dwelling, which is rented by or on behalf of the Owner to the general public for compensation for transient occupancy as provided for in the Ordinance, or as otherwise defined by the Ordinance. Subdivision. Bridger Vale Subdivision. Trash. Includes waste, garbage, junk, refuse, and debris, of any type or nature. Unit. A residential condominium unit or commercial unit located on the Commercial Lot and subject to the Unit Ownership Act. Vehicle. Any boat, trailer, snowmobile, motor home, campers, mobile home, recreational vehicle, all-terrain vehicles, motorcycles, snowmobiles, off-highway vehicle, or other similar equipment. ARTICLE III SUBDIVISION PROPERTY OWNERS’ ASSOCIATION AND MANAGEMENT Section 1. Association. The property owners’ association for the Bridger Vale Subdivision shall be the Bridger Vale Subdivision Property Owners’ Association, Inc., a non-profit corporation formed, prior to the sale of any individual Unit or Lot, in accordance with state law, for the purposes of enforcing these covenants, conditions and restrictions and operating the Association for the benefit of its Members, except that Declarant may transfer Declarant’s interest in the Property or a portion thereof, with Declarant’s rights prior to formation of the Association. Section 2. Articles and Bylaws. The Articles and Bylaws of and for the Bridger Vale Subdivision Property Owners’ Association establish membership in, duties, powers, operations, and rights of the Association and its Members. The Association shall be governed by and empowered to act in accordance with the Articles and Bylaws. All Owners in the Subdivision, as Members of the Association, shall be bound by the Articles and Bylaws of the Association, which are incorporated herein by reference. Section 3. Membership. Every Owner of a Lot, Unit,and the Commercial Lot, shall be a member of the Association as provided in this Declaration, the Articles and Bylaws. Membership is automatic, mandatory, and shall be appurtenant to each Lot, Unit, and the Commercial Lot, and may not be separated from ownership thereof. Section 4. Voting Rights. The Association shall have one class of voting membership in accordance with this Declaration, the Articles and Bylaws. Bridger Vale Subdivision 5 Declaration of Covenants, Conditions and Restrictions Section 5. Board of Directors or Board. There shall be a Board of Directors of the Bridger Vale Subdivision Property Owners’ Association, Inc., which shall consist of not less than three (3) Members and which shall administer the Association in accordance with this Declaration, the Articles and Bylaws, and any Rules and Regulations hereafter adopted by the Association or Board. One member of the Board of Directors shall be the Owner of the Commercial Lot or a Unit, unless waived in writing by said Owners as the case may be. Declarant shall have the authority vested in the Association and Board until such time as each Lot has been sold or otherwise disposed of by Declarant, except that Declarant may transfer Declarant’s interest in the Property or a portion thereof, with Declarant’s rights and obligations prior to formation of the Association and election of the Board. Once each Lot has been sold by Declarant, its successors or assigns, an election shall be held to duly elect the Board of Directors in accordance with the Bylaws. Section 6. Term and Elections. Board terms and elections shall be as provided in the Bylaws. Section 7. Meetings. The Board may meet from time to time, as provided in the Bylaws, but in no event shall hold a meeting less than one time per year as provided for in the Bylaws. Section 8. Liability Insurance, Taxes, and Maintenance. The Association is responsible for liability insurance and any applicable tax assessments, and maintenance as provided herein. Section 9. Dissolution; Subdivision Boundaries. The Association may not be dissolved, nor the Subdivision boundaries altered, without the consent of the City Commission. Section 10. Declarant’s Authority. The Declarant shall have all the authority vested in the Association until all Lots are sold, provided however that Declarant may turn over such authority to the Association at an earlier time, at the discretion of Declarant, after 50% of the Lots are sold. Section 11. Transfer of Lots and Declarant’s Rights. Declarant may transfer the Property, or a portion thereof, and assign Declarant’s related rights related to the Lots at any time, which shall not trigger the obligation to form the Association nor payment of assessments by Declarants successors and assigns. ARTICLE IV ARCHITECTURAL REVIEW COMMITTEE Section 1. Creation and Membership. There is hereby created an Architectural Review Committee. The Declarant, or its successors or assigns, shall serve as the Architectural Review Committee until such time as all (100%) of the Lots are sold, unless the Association is turned over sooner pursuant to Article III, except that Declarant may transfer Declarant’s interest in the Property or a portion thereof, with Declarant’s rights prior to formation of the Association. Upon turning over the Association to Owners, Owners shall elect, by majority at an annual meeting or meeting noticed in writing for such purposes, a minimum of three (3) and a maximum of five (5) Owners to serve as the Architectural Review Committee. Terms shall be three (3) years. If no successor to the Architectural Review Committee is appointed on or before the expiration of an Owner's term, Owner shall be deemed to have been re-appointed for another three (3) year term. Bridger Vale Subdivision 6 Declaration of Covenants, Conditions and Restrictions Upon the death or resignation, a replacement shall be appointed by the remaining Architectural Review Committee members to fill out the unexpired term. Such appointment shall occur within sixty (60) days of such death or resignation. Section 2. Purpose. To encourage the architectural harmony of the Bridger Vale Subdivision and to maintain consistency with the original construction, and Landscaping Plan, attached hereto as Exhibit C and incorporated by reference, the Declarant and all Owners are bound by the requirements of this Declaration and exhibits hereto. Subsequent to the original construction and improvements on and to the Lots, no construction, reconstruction, alteration, modification, remodeling, landscaping, fencing, or other improvement shall be placed, constructed, erected, repaired, restored, reconstructed, altered, remodeled, added to or maintained on any Lot unless and until building drawings, plans and specifications (which must have been prepared by an architect or other professional, well versed in construction, reconstruction, alteration or remodeling, or other related improvement), the Design Review Application, a copy of which is attached hereto as Exhibit E, and such other information as the Architectural Review Committee may reasonably require, including but limited to, colors, building materials, plans and elevations, have been submitted to, and approved by, a majority of the Architectural Review Committee in writing, nor may the same be commenced until such written approval has been issued. In addition to the aforementioned, deviations from the Landscaping Plan, including additional landscaping planting or landscaping elements, such as hardscapes, lawn art, and sculpture shall be reviewed and shall not be installed or commenced until approved in writing by the Architectural Review Committee. No decks, patios, sheds, or similar construction not a part of the original townhome shall be allowed without the prior written approval of the Architectural Review Committee. No television reception satellite dish, radio or television antennas, awnings, canopies, or signage shall be erected on or attached to a townhome, commercial building or unit, or any Lot, except with the prior written approval of the Architectural Review Committee. The Architectural Review Committee shall have the authority for the Lots to reject Design Review Applications materials, designs, and colors submitted with plans, or the plans themselves, including landscaping plans, if they are not compatible with the Bridger Vale Subdivision, this Declaration, and the Landscaping Plan, attached hereto. All approval and denials by the Architectural Review Committee shall be in writing. Section 3. Fees. The Architectural Review Committee may require reasonable fees to be paid with the filing of the Design Review Application, plans and specifications to defray its expenses and the expenses of inspections and enforcement of this Declaration. Such fees may be amended from time to time by the Architectural Review Committee. Section 4. Timing. The Architectural Review Committee shall make every effort to complete their reviews within fifteen (15) business days of receipt of a complete submittal of the required documentation by the Owner, or Owner’s agent. Bridger Vale Subdivision 7 Declaration of Covenants, Conditions and Restrictions Section 5. Design Review Documents. The Landscaping Plan is attached as an Exhibit to this Declaration, and incorporated herein in its entirety by this reference. The Architectural Review Committee is responsible for enforcing the Landscaping Plan, attached hereto, and for adopting such procedures, including the assessment of fines for violations and or deviations therefrom, a review process for submitted plans, including a determination of the submittal's completeness, accuracy, and conformity with this Declaration and Exhibits hereto, as it deems necessary to carry out its functions. Such procedures may not be inconsistent with the provisions of this Declaration and Exhibits hereto. Section 6. Appeal. Appeal of decisions by the Architectural Review Committee shall be to the Board of Directors, who shall hear the appeal at a Regular Meeting or Special Meeting of the Board. Section 7. Substantial Compliance. All improvements, construction, reconstruction, alterations, remodeling, maintenance, repair or replacement, or any activity requiring the approval of the Architectural Review Committee as otherwise provided herein, must be completed in substantial compliance with the plans and specifications approved by the Architectural Review Committee. Owners, by purchasing a Lot in the Subdivision, agree to be bound by this Declaration and the Exhibits hereto. Section 8. Land Use, Zoning, and Regulations. Approvals are subject to this Article IV. Section 9. Exemptions. Routine maintenance and repair utilizing original materials and consistent with this Declaration and the Landscaping Plan are exempt from review by the Architectural Review Committee. Section 10. Enforcement. The Architectural Review Committee shall have the power, authority, standing and right to enforce this Declaration and Exhibits hereto as related to the Lots in any court of law or equity when it reasonably believes the same have been violated and shall have the authority to revoke or suspend approvals and/or order the suspension or cessation of any construction or work for non-compliance with approvals issued by the Architectural Review Committee. Section 11. Liability. The Architectural Review Committee, or the individual Owners who are members thereof, may not be held personally liable for any damages that may result from action taken pursuant to this Declaration, including, but not limited to, damages which may result from approval or denial of, or amendment or changes to plans, or any delays associated with such action on the part of the Architectural Review Committee. The Association is authorized to purchase liability insurance for the Architectural Review Committee and members thereof. Section 12. Commercial Lot Design Guidelines. The Commercial Lot shall be subject to the Commercial Lot Design Guidelines, which were approved by the City, a copy of which is attached as Exhibit B and incorporated herein by reference. It is the obligation of the Commercial Lot Owner and Unit Owners to ensure such compliance, which shall not be the obligation nor purview of the Architectural Review Committee. Bridger Vale Subdivision 8 Declaration of Covenants, Conditions and Restrictions ARTICLE V CONSTRUCTION, MAINTENANCE, REPAIR, AND REPLACEMENT Section 1. Construction. Declarant, Declarant’s agent, or its successors and assigns shall construct the initial improvements in the Subdivision. Improvements to the Commercial Lot shall be in accordance with the Commercial Lot Design Guidelines, a copy of which is attached as Exhibit B and incorporated herein by reference, unless such Guidelines are amended. Landscaping shall be in accordance with the Landscaping Plan, a copy of which is attached as Exhibit C and incorporated herein by reference. No additional construction, reconstruction, alteration, remodeling, landscaping, fencing, or other improvement shall be placed, constructed, erected, repaired, restored, reconstructed, altered, remodeled, added to or maintained that deviates from the Declarant’s original construction, and Landscaping Plan, attached hereto, without the written approval of the Architectural Review Committee, excepting the Commercial Lot or portions thereof, which are subject to the Commercial Lot Design Guidelines. Section 2. Maintenance, Repair, and Replacement. The Association shall be responsible for the maintenance, repair, and replacement, as needed, of the Common Areas and Facilities, including but not limited to the landscaping within the Bridger Vale Drive median and boulevard, and the alley, as well as stormwater facilities and their locations as provided in this Declaration, which maintenance, repair, and replacement shall be assessed equally among Owners. Open Space Lot 1, Block 4 Bridger Vale Subdivision P.U.D. shall be maintained by the Association, unless and until transferred to the Sunshine Rotary Club or other owner, at which time maintenance responsibilities shall be transferred in writing to the subsequent owner. City Park Lot 1, Block 5 will be deeded to the City and maintained by the Association until the City Park’s Division takes over such maintenance as part of the City Parks and Trails Special District. The Association may seek reimbursement of costs from the City for maintenance services until such time. The foregoing maintenance, repair, and replacement obligations may be referred to herein as “Maintenance, Repair, and Replacement”. The Commercial Lot sidewalks, parking, and landscaping shall be maintained by the Commercial Lot Owner and Unit Owners. It is the responsibility of each Lot Owner to maintain, repair, and replace his, her or its driveways/parking areas and adjoining sidewalks. All materials used for maintenance, repair, and replacement of Lots and Lot driveways/parking areas and adjoining sidewalks shall be of the same kind as the Declarant’s or its agent’s original construction, and Landscaping Plan, attached hereto, unless otherwise approved in writing by the Architectural Review Committee. Section 3. Exteriors of Townhomes and Lots. Maintenance, repair, and replacement of exteriors of townhomes, and portions thereof, and maintenance of Lots, including, but not limited to paint, roofs, windows, gutters, downspouts, HVAC systems, irrigation systems, other building elements, and interiors of townhomes, except as may otherwise be provided herein, shall be the responsibility of the Lot Owner, and subject to this Declaration and the Landscaping Plan.. All materials used in such maintenance, repair, and replacement shall be the same as the original, unless otherwise approved in writing by the Board. No additions, reconstruction, Bridger Vale Subdivision 9 Declaration of Covenants, Conditions and Restrictions alteration, or remodeling or other deviation from the original shall commence or be undertaken without the written approval of the Architectural Review Committee. Section 4. Exteriors of Commercial Building(s). Maintenance and repair of commercial building or buildings, and portions thereof, including, but not limited to paint, walls, roofs, windows, gutters, downspouts, HVAC systems, irrigation systems, other building elements, and interiors those buildings, except as may otherwise be provided herein, shall be the responsibility of the Commericial Lot Owner or Unit Owners and subject to the Commercial Lot Design Guidelines, as may be amended from time to time, and the Landscaping Plan. Section 5. Duty to Maintain Interiors; Utilities and Services. All Owners agree to maintain in good condition and repair townhomes and commercial buildings, and all interior surfaces within or surrounding the same (such as the surface of the interior walls, ceilings, floors), and maintain and repair the fixtures therein, and pay for any utilities which are separately metered, or services provided, to his, her or its Lot or townhome or commercial building, or unit therein. ARTICLE VI SNOW REMOVAL AND STORAGE Section 1. Snow Removal. The Association shall provide for reasonable and timely snow removal of the interior subdivision road and alley within the Subdivision. Snow removal shall be assessed equally among Lot Owners, and may be accomplished by contracting with an individual or entity on such terms and conditions as the Board may deem appropriate. It is the responsibility of each Owner to provide for or contract and pay for snow removal from his, her or its driveways/parking area and adjoining sidewalks. Snow removal for the Commercial Lot shall the responsibility of the Owner or equally shared among the Unit Owners of the commercial building(s). Section 2. Storage. Snow storage areas shall be as designated on the Master Plan or as otherwise designated by the Board. ARTICLE VII COMMON OR PARTY WALLS Section 1. Common or Party Walls. Common or party walls are walls shared by and dividing two adjoining townhomes or commercial units within a commercial building. Townhome common or party walls are erected on the property boundary to provide common and reciprocal support to the structures on both sides of the boundary. Each Owner owns as much of the common or party wall as is situated on the Owner’s townhome property or within a Unit Owner’s commercial unit. A line running longitudinally down the center of a common or party wall shall form the boundary for adjoining Lots or commercial units lying on either side of such common or party wall, for the purposes of this Article. The property boundary between adjoining townhomes shall be that line running longitudinally down the center of a common or party wall, notwithstanding the fact that the Subdivision plat might show such lot lines being elsewhere. Bridger Vale Subdivision 10 Declaration of Covenants, Conditions and Restrictions Section 2. Easement for Common or Party Walls. Common or party walls are subject to cross easements in favor of each adjoining owner for the common and reciprocal support of his, her or its townhome or commercial unit and for maintenance and repair of said wall. This easement applies even though the deed may be silent concerning the rights of Owners with respect to common or party walls. Common or party walls are for the mutual benefit and convenience of Owners of adjoining townhomes or commercial units and neither Owners shall use the wall in a manner that impairs the other Owners, use, enjoyment, or easement over the said wall. Section 3. Maintenance and Repair. Owners shall keep their respective portions of common or party walls in good condition and repair, and shall maintain and repair the same at Owner’s sole cost and expense. The cost of maintenance and repair shall otherwise be shared equally by the Owners of the shared common or party walls. Owners shall cooperate regarding a maintenance and repairs to ensure the continued reciprocal support and usefulness of shared common or party walls. Section. 4. Liability for Common Walls. To the extent not inconsistent with the provision of this Article, the general rules of law of the State of Montana regarding common or party walls, lateral support in below ground construction, and/or liability for property damaged due to negligence or willful acts or omissions shall apply. Section 5. Damage to Common or Party Walls Due to Negligence. If a common or party wall is damaged through the negligence or willful acts or omissions of an Owner sharing said wall, that Owner shall bear the whole cost of repairing the common or party wall to the extent necessary to put the wall in a condition substantially the same as it was before such negligence or willful acts or omissions occurred. Section 6. Destruction by Fire or Other Casualty. If a common or party wall is destroyed or damaged by fire or other casualty, not resulting from the negligence or willful acts or omission of an Owner of said wall, then either of the Owners shall restore the common or party wall to its original condition, and he, she or it shall thereafter be entitled to contribution from the other Owner for one-half of the cost thereof. Section 7. Right to Contribution Runs with Land. The right of any Owner of a shared common or party wall to contribution from the other Owner under this Article shall be appurtenant to the land and shall pass to such Owner’s successors in title. Section 8. Dispute Resolution. In the event of any dispute arising concerning a common or party wall, or under the provisions of this Article, such dispute shall be first be presented to the Board for resolution. After disqualification of any interested Board member, the decision of a majority of the remaining Board members shall be binding upon all Owners concerned. In the event a decision cannot be reached or an Owner refuses to comply with a Board decision, it may Bridger Vale Subdivision 11 Declaration of Covenants, Conditions and Restrictions be necessary for Owner to seek assistance otherwise for the enforcement of any of such Owner's rights hereunder or for the recovery of any monies due to such Owner. The Board may suspend all voting rights for any period during which an Owner refuses to comply with a decision of the Board relative to disputes concerning a common or party wall, or under the provisions of this Article. ARTICLE VIII ACCESS The interior subdivision road and alley shall be kept clear, free, and open for unrestricted vehicular traffic at all times. Automobiles and Vehicles shall not be parked or stored on the interior subdivision road or alley. Sidewalks shall be kept clear, free, and open for unrestricted pedestrian traffic at all times, and no Automobile or Vehicle shall obstruct pedestrian traffic. ARTICLE IX LAND USE AND ZONING Section 1. Zoning and Regulations. The Bridger Vale Subdivision is located within the jurisdiction of the City of Bozeman, and is subject to the requirements of the local zoning ordinance (“Ordinance”), the Bridger Vale Planned Unit Development (“PUD”) and restrictions related thereto, and other City regulations. The zoning classification is Residential Emphasis Mixed-Use (“REMU”). All land use and construction must conform to the requirements of the Ordinance and other City regulations, as well as other local, state and federal regulations as applicable. Owners shall refer to the Ordinance and City regulations, as well as other local, state and federal regulations as applicable, before commencing any construction or land use on a Lot. Section 2. Parking. Automobile parking shall be off-street in the garages, parking lots, and parking spaces provided for each Lot. Automobiles and Vehicles, as defined herein, parked or stored outside of a garage shall only be parked or stored on the parking spaces provided for the Lot. Automobiles and Vehicles shall not be parked or stored in the interior subdivision road right-of-way or the alley. All Automobiles and Vehicles shall comply with the Ordinance, and all other City regulations and state laws. In addition to any other remedy allowed under this Declaration, the Bylaws, the Rules and Regulations, or local regulations, owners of Automobiles or Vehicles parked in violation of this Declaration, the Rules and Regulations, or local regulations, may be asked in writing or by placing a written notice on the Automobile or Vehicle to comply with the Declaration, the Rules and Regulations, or local regulations, and/or to immediately remove the Automobile or Vehicle. If the Automobile or Vehicle is not removed within 24 hours of notification, the Board, Manager, or other authorized representative may cause the Automobile or Vehicle to be towed and impounded at the expense of the owner. Notwithstanding anything to the contrary, the Board, Manager, or authorized representative may cause an Automobile or Vehicle to be towed immediately without notification if the Board, Manager or its authorized representative determines that the Automobile or Vehicle impedes emergency vehicles or represents a threat to health and safety. Bridger Vale Subdivision 12 Declaration of Covenants, Conditions and Restrictions Section 3. Commercial Lot Restriction. The maximum square footage for nonresidential uses in the Bridger Vale Subdivision shall be thirty percent (30%) of the total residential floor area for the Subdivision, which floor area shall include the total heated and unheated square footage of all residential buildings within the Subdivision. The Declarant, or the Association Board, should the Declarant turn over the Association prior to the sale of one hundred percent (100%) of the Lots, shall maintain a current copy of the square footage distribution in the REMU Area in substantially the same form as the Tracking Mechanism Bridger Value PUD attached as Exhibit D and incorporated by reference. Section 4. Minimum Square Footage. The minimum total floor area of each townhouse shall be no less than 2000 square feet. This minimum floor area does not include porches or garages and only includes heated square footage. The maximum square footage for nonresidential uses in the Bridger Vale Subdivision in the foregoing Section 3 shall be calculated based upon this Minimum Square Footage requirement. Section 5. Offices and Home-Based Business. Townhouses in the Subdivision may have first floor space which may be used as an office for a Home-Based Business in accordance with the Ordinance and other City regulations, as well as other local, state and federal regulations as applicable. Home-Based Businesses are not considered non-residential uses and are not limited by the Commercial Lot Restriction at Section 3, but are subject to the requirements of the Ordinance. Commercial, retail, or other non-residential uses not meeting the definition of Home- Based Business, or otherwise allowed herein, are not allowed in townhomes or on residential Lots. Section 6. Dogs, Cats, and Other Domestic Pets and Animals. Owners shall comply with local regulations, including the City’s animal ordinance. Domestic pets and animals shall not be allowed to roam at large. All dogs, cats and other domestic pets and animals shall be strictly controlled by their owners to prevent them from becoming a nuisance to neighbors. Dogs, cats and other domestic pets and animals, shall not be raised, breed, or cared for in the Subdivision on a commercial basis. Section 7. Fencing. No fencing shall be erected or installed on townhome Lots, unless approved in writing by the Architectural Review Committee. Section 8. Setbacks, Area and Height. Setbacks, yard area and building heights shall be in accordance with the Ordinance or Planned Unit Development approval, whichever is most lenient. Section 9. Environmental Controls and Regulations. See Article XI. Section 10. Landscaping. See Article X. Section 11. Decks, Balcony, Patios, and Sheds. No decks, patios, balconies, sheds, or similar construction not a part of the original townhome or commercial building or unit shall be allowed without the prior written approval of Board, and subject to Sections 1 and 8 of this Article. If Bridger Vale Subdivision 13 Declaration of Covenants, Conditions and Restrictions approved, decks, balconies and porches shall not be used for storage of any items except outdoor furniture. Section 12. Clotheslines. No clothesline or similar device shall be allowed on any portion of the Property, nor shall clothes be hung anywhere outside the townhomes. Section 13. Junk Vehicles or Machinery. No abandoned vehicles or machinery, non- operational vehicles or machinery, junk vehicles or machinery are allowed to remain on the Property, whether on a Lot or otherwise located within the Subdivision. Section 14. Satellite Dishes, Antennas, Awnings, Canopies and Signage. No television reception satellite dish, radio or television antennas, awnings, canopies, or signage shall be erected on or attached to a townhome, commercial building or unit, or any Lot, except with the prior written approval of the Architectural Review Committee, excepting real estate sale, open house, and related temporary signage. Political and election signage may be limited by the Board as to size, location and time period during which signs may be displayed. Section 15. Short Term Rental. Short Term Rental as defined herein and in the Ordinance are allowed principal uses in the Subdivision subject to the requirements of the Ordinance and other City regulations, as well as other local, state and federal regulations as applicable, and all required permits and approvals, which must be obtained prior to such use. Section 16. Trash. Trash shall be regularly removed from each Lot and shall not be thrown, dumped, or left, or otherwise allowed to accumulate in the Subdivision. Each Owner shall provide suitable receptacles for the containment and collection of Trash, which must be stored out of view, enclosed, screened, or otherwise not exposed to public view, except during reasonable hours prior to and after collection, and only on collection day. Section 17. Wood Storage. Firewood shall be stored in an enclosed area, such as the garage, or otherwise screened from view from neighboring properties and the interior subdivision road. Section 18. Rules and Regulations. The Board shall have the power to formulate, amend, publish, and enforce Rules or Regulations, as provided in the Bylaws, concerning the use and enjoyment of the Property, Lot, townhomes, commercial buildings and/or units, and all exterior yard space of each Lot, consistent with local ordinances and regulations. Such Rules or Regulations may provide for the imposition of fines or penalties for the violation thereof, or for the violation of any provision contained in this Declaration or the Bylaws. No Person shall use any Lot or the Property, or any part thereof, or townhomes, in any manner contrary to or not in accordance with such Rules and Regulations as from time to time may be promulgated by the Board. Section 19. Stormwater Facility Maintenance. The Association shall provide maintenance for all stormwater facilities, which maintenance requirements are as provided in the stormwater maintenance plan, which is incorporated by reference as Exhibit F. Bridger Vale Subdivision 14 Declaration of Covenants, Conditions and Restrictions Section 20. Prohibited Act. An Owner shall not permit or suffer anything to be done or kept on Owner’s Lot which will increase the rate of insurance for the Association, or which would violate the Declaration, Bylaws, or Rules or Regulations, or which will obstruct or interfere with the rights of other Owners, or annoy them by unreasonable noises, or otherwise, nor shall the Owners commit or permit any noxious, offensive, or hazardous activities or any nuisances or illegal acts in or about the Lot or Property, nor shall anything be done or placed upon property within the Subdivision that is or may become a nuisance to others. ARTICLE X LANDSCAPING AND MAINTENANCE Section 1. Landscaping Plan. The Declarant shall provide landscaping in accordance with the Landscaping Plan provided for the Bridger Vale Subdivision and PUD, a copy of which is attached as Exhibit C and incorporated herein by reference. Section 2. Maintenance of Parks, Open Space, Common Areas and Facilities. The Association is responsible for maintenance of Common areas and Facilities as provided in Article V, upon the schedule to be determined by the Board, including landscaping maintenance such as mowing, pruning, and replacement of trees, shrubbery, or grass, as may be needed. Irrigation systems shall be maintained in an appropriate and efficient manner and kept in good operating condition. Any components of the irrigation systems that are in disrepair must be repaired or replaced as necessary with components approved in the Landscaping Plan in order to keep the irrigation system in good operating condition. The Declarant will provide all necessary maintenance until Common Areas and Facilities are transferred to the Association. Section 3. Maintenance of Lots. It is the responsibility of each Lot Owner to maintain landscaping on individual Lots, which shall include, but is not limited to, watering, mowing, pruning, and fertilizing and weed control as needed, subject to Article XI. Maintenance of landscaping for the Commercial Lot is the responsibility of the Commercial Lot Owner or Unit Owners. Section 4. Warranty, Replacement, Additions. Landscaping must be maintained in a healthy growing condition at all times, and any plant that dies must be replaced with another living plant that complies with the approved Landscaping Plan. Replacement of trees, shrubbery, grass, and any other landscaping elements planted or installed by Declarant shall be in accordance with the Landscaping Plan attached as Exhibit C, unless an alternative is approved in writing by the Architectural Review Committee. No additional landscaping planting or elements beyond that which is installed in accordance with the Landscaping Plan, attached as Exhibit C, may be installed or planted without the prior written approval of the Architectural Review Committee. Landscaping elements include yard art, sculpture and the like. Section 5. Tree Permits, Shade Tree Maintenance City Right-Of-Way. If trees will be planted in dedicated City Park Lot 1, Block 5 or boulevard strips, tree planting permits must be Bridger Vale Subdivision 15 Declaration of Covenants, Conditions and Restrictions obtained from the City’s forestry department. The City’s forestry department must be responsible for the maintenance of shade trees in all City rights-of-way and on City property, including parks. ARTICLE XI ENVIRONMENTAL CONTROLS AND REGULATIONS Section 1. Environmental Site Assessments. The Declarant initiated the following environmental site assessments prior to development of the Subdivision. Phase I Environmental Site Assessment Bridger Value Drive, Bozeman, Montana WGM Project Number: 18-08-16, Client: Ebbighausen Homes, 09.06.2018. Summary1: WGM performed a Phase I Environmental Site Assessment (ESA) of the Bridger Vale Drive property (Subject Property) in Bozeman, Montana. The ESA was conducted in accordance with Standard E 1527-13 issued by the American Society for Testing and Materials (ASTM) and conforms to the U.S. Environmental Protection Agency’s (EPA) Standards and Practices for All Appropriate Inquiries (AAI) - Final Rule, published November 6, 2013. The purpose of the ESA was to identify Recognized Environmental Conditions (RECs), if any, in connection with the Subject Property. A REC, as defined by ASTM Practice E 1527-13, is the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment. Environmental conditions determined to be de minimis are not RECs. No RECs were identified in conjunction with the Subject Property. One de minimis condition, the Old Bozeman Landfill facility, was identified. This property is currently part of the East Gallatin Recreation Area located east of the Subject Property, and is a former landfill and “Low Priority” DEQ-CECRA facility. As per ASTM E 1527 13, de minimis conditions are not RECs. A copy of the ESA may be obtained from WGM Group, 1111 East Broadway, Missoula, Montana 59802, office: 406.728.4611, wgm@wgmgroup.com. Report of Test Pit Observation and Sampling, Bridger Vale Development, Bozeman, Montana, Tetra Tech, Inc. Project No.: 114-710331.100, Tetra Tech, Inc., October 28, 2016 (“Tetra Tech Report”). Summary2: On October 10, 2016, Tetra Tech, Inc. personnel conducted soil sampling in six test pits on the Property, each located in the approximate center of each of the six (6) building footprints proposed. Test pits were excavated, soil was visually described, and one soil sample was collected in each test pit. The test pit field log provides descriptions of the soil encountered in the test pits. Soils observed in the test pits did not exhibit evidence of staining or odor, evidence of refuse/waste, or other indications of 1 Phase I Environmental Site Assessment Bridger Value Drive, Bozeman, Montana WGM Project Number: 18-08- 16, Client: Ebbighausen Homes, 09.06.2018, summary of Executive Summary. 2 Report of Test Pit Observation and Sampling, Bridger Vale Development, Bozeman, Montana, Tetra Tech, Inc. Project No.: 114-710331.100, Tetra Tech, Inc., October 28, 2016 summary of letter report. Bridger Vale Subdivision 16 Declaration of Covenants, Conditions and Restrictions contamination. The soil sample collected was sent under documented chain of custody protocol to Pace Analytical Laboratories (Pace) in Billings, Montana for analysis of volatile organic compounds in accordance with USEPA Method 8260B. Analytical results of 71 constituents, in each of the six samples, indicate no detection of these constituents above the minimum detection limit (MDL). The laboratory report is contained in Attachment A of the Tetra Tech Report. A copy of the Tetra Tech Report may be obtained from Tetra Tech, Inc., 851 Bridger Drive, Suite 6, Bozeman, Montana 59715, office: 406.582.8780. Environmental Sampling Report: Manley Drive Property; Bozeman Montana, Resource Technologies, Inc. (“Resource Technologies Report”) Summary: Resource Technologies, Inc. (RTI) completed environmental sampling at the Property located east of Manley Road and north of the Bozeman Ponds Recreation Area in Bozeman, Montana to assess potential environmental impacts associated with the former Bozeman City Landfill that was situated southeast of the subject property. Sampling activities were not designed nor intended to identify potential on-site sources of contamination. Two groundwater monitoring wells and two soil vapor probes were installed and soil, groundwater, and soil vapor samples collected. Sampling locations, sampling results, and further description are provided in the Resources Technologies Report. Section 2. Institutional Controls. Declarant and the City entered into a Declaration of Institutional Controls for the Bridger Vale Annexation, recorded December 21, 2018, Document No. 2634483, records of Gallatin County, Montana (“Declaration of Institutional Controls”), a copy of which is attached as Exhibit G and incorporated by reference. The Declaration of Institutional Controls establish institutional controls intended to mitigate potential impacts resulting from potential contamination from the nearby former East Gallatin Landfill. Following is a summary of the institutional controls. A. East Gallatin Landfill. The Subdivision shares a boundary to the east-southeast with the former East Gallatin Landfill (also known as the Bozeman Old City Landfill and Glen Lake – East Gallatin Recreation Area). The East Gallatin Landfill has been designated by DEQ as the “Old City Landfill” and listed in DEQ’s Comprehensive Environmental Cleanup and Responsibility Act (“CECRA”) database. DEQ ranks the site a low priority. Information regarding the East Gallatin Landfill is available from the City’s Engineering Division and DEQ’s State Superfund Unit. B. Vapor Mitigation System. Structures on the Property must be built slab-on-grade with a sub-slab vapor mitigation system (“Vapor Mitigation System”) designed and certified by a professional engineer to meet industry best practices for mitigating vapor intrusion, who shall oversee construction of the Vapor Mitigation System, which may be passive or active. i. Vapor Mitigation Systems shall comply with best practices as provided in the Montana Vapor Intrusion Guide prepared by the MDEQ (“Guide”) then current at the time of the Declaration of Institutional Controls. The Bridger Vale Subdivision 17 Declaration of Covenants, Conditions and Restrictions Vapor Mitigation Systems shall be maintained in good working condition until such time as agreed by the City and post-installation testing, maintenance and monitoring will be in accordance with the recommendations of the Guide. ii. Declarant shall prepare a sampling and analysis plan for the Vapor Mitigation System, to include minimum sampling objectives and design, sampling location and frequency, sampling methods and handling procedures, analytical laboratory testing methods, quality control requirements and data storage, to be approved by the City at the time of the submittal of the first building permit application or at a time otherwise agreed to between Declarant and the City (“Sampling and Analysis Plan”). iii. Declarant and its successors and assigns shall monitor performance of Vapor Mitigation Systems as provided in the Declaration of Institutional Controls, and otherwise comply with the Sampling and Analysis Plan approved by the City, until such time as agreed by the City. iv. Declarant, its successors and assigns shall share with the City data collected by Declarant and its successors and assigns pursuant to the Sampling and Analysis Plan, and with DEQ, if requested by DEQ. v. The Association shall maintain sufficient financial and technical resources to ensure the Vapor Mitigation System continues in effect and operates in accordance with the Declaration of Institutional Controls and this Section 2 until otherwise agreed to by the City. vi. The City and MDEQ shall have access to install groundwater, soil, and soil vapor monitoring locations on the Property at locations to be determined pursuant to the Sampling and Analysis Plan, which access shall be during reasonable hours with prior notice to Declarant, its successors and assigns. If entry into private property is required, advance notice will be provided to Owners. Installation and use of irrigations wells in the Subdivision is prohibited. C. Groundwater wells. Groundwater wells are prohibited on the Property, except for one (1) existing well serving an existing home located to the north of the Property. The Subdivision I s connected to City water services and all water use on the Property, including potable and irrigation uses, shall use only City provided water. This restriction may be lifted for irrigation purposes only as determined by the City upon a showing by Declarant or its successors and assigns that the groundwater proposed for irrigation uses complies with DEQ water quality standards. D. Excavation Activities. Declarant and its successors and assigns shall inform all persons disturbing or excavating the Property to construct any utilities or buildings that best practices for excavation of contaminated sites must be followed. All such records of communication shall be maintained by Declarant and its successors and assigns. Best practices include, not are not limited to the following: i. OSHA worker safety regulations; Bridger Vale Subdivision 18 Declaration of Covenants, Conditions and Restrictions ii. Active venting of excavations; iii. If any excavation or disturbance of soil results in exposing or interacting with groundwater and such excavation or disturbance requires dewatering of the ground or removal of groundwater and disposal of groundwater off the Property, Declarant and its successors and assigns must obtain all necessary environmental permits for such disposal. iv. Compliance with all City, state, and federal requirements for stormwater control during construction; and, v. Any other requirement of a local, state, or federal agency established pursuant to a permit for activities on the Property. E. Grant of Access. Declarant and its successors and assigns grant to the City access to all rights of way, parks, and open space, without notice, for the purpose of monitoring, and, if necessary, mitigating real or potential contamination. Declarant and its successors and assigns grant to the City access to all privately owned land in the Subdivision, with reasonable notice to the then current landowner, or the purpose of monitoring, and, if necessary, mitigating real or potential contamination. F. Information Sharing. As further provided herein, Declarant and its successors and assigns shall share information and data with the City and MDEQ resulting from monitoring and no compensation shall be required. G. Term; Binding Covenants; Modification; City as Beneficiary of Covenants. The covenants in this Section 2 shall run with the land, bind all holders, owners, lessees, occupiers, and purchasers, and must be included in all deeds, leases, and other instruments of conveyance of the Property or Lots therein. No modification to the covenants in this Section 2 may be made without the prior written consent of the City. The City and MDEQ shall be entitled to enforce the covenants in this Section 2 as an intended beneficiaries thereof, and the remedy of “specific performance” shall be available to the City in enforcement proceedings. Section 3. Chemicals. The use of chemical herbicides and pesticides is prohibited except for control of noxious weeds and pests as required by law. Non-chemical weed control is strongly encouraged. Only approved herbicides should be used and the Gallatin County Weed Board should be consulted before apply such chemicals. Contact a local nursery for the most effective pesticides that least impact animals and desirable species of insects. Section 4. On-Site Burning. To protect and preserve the Subdivision, Lots therein, and improvements thereon, the burning of any Trash, materials or vegetation is prohibited, except in accordance with local, county or state regulations. This prohibition includes, but is not limited to, the burning of Trash, as defined herein, grass clippings and leaves, and the like, whether in containers or open areas. Nothing herein shall be construed to prohibit or deny the installation and use of wood burning fireplaces or barbeques, with the exception of fire pits, burn barrels, and bonfires, which are expressly precluded. Bridger Vale Subdivision 19 Declaration of Covenants, Conditions and Restrictions ARTICLE XII ASSESSMENTS Section 1. Levying Assessments on Lots. On an annual basis or quarterly basis, as determined by the Board, the Board shall establish and levy assessments on each Lot in an amount that the Board estimates will be sufficient to pay Maintenance, Repair, Replacement as provided in Article V, Snow Removal as provided in Article VI, Stormwater Facility Maintenance as provided in Article IX and Exhibit F, liability insurance as provided in Article XIII, Environmental Controls as provided in Article XI, other obligations and responsibilities of the Association as provided in this Declaration and the Bylaws, taxes and assessments, and costs that may arise related to enforcement of this Declaration, and/or defense thereof or of the Board in any legal action relating to the Subdivision, any other amounts the Board may require to perform the normal duties of the Association during each fiscal year, as determined in conformity with standard accounting practices, and as provided in the Bylaws. The annual assessment shall include a portion for reserves as the Board considers adequate, necessary and appropriate to meet the costs of the future Maintenance, Repair, and Replacement, Snow Removal, Stormwater Facility Maintenance, Environmental Controls, maintenance, repair, and replacement of any other later existing common area or facilities as may be approved by the Board in the future, insurance and taxes. The Association may adjust assessments to meet the changing needs and obligations of the Subdivision. The Board may levy a special assessment in order to raise funds for unexpected repair, replacement, operating, or other Association costs, insufficient operating or reserve funds, for such other purposes as the Board in its discretion considers reasonable, necessary and appropriate, and as otherwise provided in the Bylaws. Other assessments may be fixed and levied by the Board against one or more Owners for fines, fees, penalties, interest, attorney fees and costs, and other such charges, related to any default, breach, or violation of the Declaration, Bylaws, or Rule and Regulation by such Owner. Section 2. Levying Assessments on the Commercial Lot. On an annual basis or quarterly basis, as determined by the Board, the Board shall establish and levy an assessment on the Commercial Lot in an amount equal to the amount assessed for one Lot. The Board may levy a special assessment on the Commercial Lot only to raise funds for operating, or other Association costs, insufficient operating or reserve funds, or for such other purposes, directly related to the Commercial Lot as the Board in its discretion considers reasonable, necessary and appropriate, and as otherwise provided in the Bylaws. Section 3. Assessment Accounts. Annual assessments shall be deposited in an Association account or reserve account to be used for cost associated with Maintenance, Repair, and Replacement, Snow Removal, Stormwater Facility Maintenance, maintenance, repair, and replacement of any other later existing common area or facilities as may be approved by the Board in the future, insurance and taxes, performance of the normal duties of the Association, liability insurance as provided in Article XIII, taxes, and any costs related to enforcement of the Declaration and/or defense thereof or of the Board in any legal action relating to the Subdivision, Bridger Vale Subdivision 20 Declaration of Covenants, Conditions and Restrictions any other purpose or reason as determined reasonable, necessary and appropriate by the Board, or deferring these costs, and as provided in the Bylaws. Section 4. Applicability, Accrual and Notice. Each Owner who is record owner of a fee interest in any Lot or the Commercial Lot, or Units therein or a contract purchaser of any Lot or the Commercial Lot, or Units therein, shall be obligated to pay all assessments (annual and/or special), which include the pro rata share of common expenses, imposed by the Board and/or Association, provided that any person or entity who holds such interest merely as a security for the performance of an obligation shall not be required to pay such assessments. Each Owner of any Lot or the Commercial Lot, or Units therein, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to have consented to be subject to this Declaration and agrees to pay the Association the sums assessed hereunder. Assessments, together with any late fees, interest, costs and reasonable attorney’s fees, shall be appurtenant to and a continuing lien upon the Lot or the Commercial Lot, or Units therein, against which such assessment was made, and the joint and several obligation of the entity or person(s) who are or were the Owners at the time when the assessment fell due. Assessments shall accrue on the first day of the month following the conveyance of Lot from the Declarant, its successors or assigns, to the Owner. Notice of the assessment, whether annual or special, and the amount thereof, shall be served on all Owners by delivering a copy of the same to the Owners personally or by mailing a copy of the notice to Owners at their addresses of record at least thirty (30) days prior to the due date. Section 5. Payment. Assessments may be paid in quarterly or annual installments, as determined by the Board. All assessments not paid within thirty (30) days from the date they are due and payable become delinquent and subject to interest, at the highest rate allowable by law, and late fees, at a rate to be determined by the Board. The Board shall take prompt action to collect any unpaid assessments that become delinquent. The Board and/or Association may bring an action at law against the Owner personally obligated to pay the same. No Owner may waive or otherwise not be liable for the assessments provided for herein. Notwithstanding anything contained in this Declaration to the contrary, neither the Declarant nor any Lot, including the Commercial Lot, or Units therein, owned by the Declarant shall be subject to any Assessments until such time as the Subdivision is turned over to the Association. Section 6. Liens and Foreclosures. All assessments, and any interest and late fees, assessed but unpaid and chargeable to any Lot, or the Commercial Lot, or Units therein, shall constitute a lien on such Lot or Unit. To evidence such lien, the Board shall record a notice of assessment lien setting forth the amount of such indebtedness, the amount of accrued interest and late fees, the name of the Owner of the Lot or Unit, and description of the Lot, Commercial Lot, or Unit. The notice shall be signed and verified by an officer of the Association, and shall be recorded in the Office of the Clerk and Recorder of Gallatin County, Montana. Such lien shall attach from the date of recording. Upon recording of the assessment lien, the Association may bring action at law against the Owner personally obligated to pay the assessment, or foreclose the lien against the property in the same manner as a mortgage on real property, and the Association shall be entitled in any such action or foreclosure proceedings to recover its costs, expenses and Bridger Vale Subdivision 21 Declaration of Covenants, Conditions and Restrictions reasonable attorney’s fees. Such lien shall continue until fully paid or satisfied. When such lien has been fully paid or satisfied, a notice releasing the lien shall be promptly filed. ARTICLE XIII INSURANCE Each Lot Owner and shall maintain fire and casualty insurance for the full replacement value of each residential townhouse on his, her or its Lot, and general liability insurance with limits to be determined by the Board. The Commercial Lot Owner and Unit Owners shall maintain fire and casualty insurance for the full replacement value of the commercial building or buildings or Units on the Commercial Lot, and general liability insurance with limits to be determined by the Commercial Lot Owner and Unit Owners. Each Owner’s insurance policies shall contain a waiver of subrogation as to the Association and Owners, and all Owners shall waive subrogation rights as to the Association and other Owners, whether or not the policies so provide. The Association shall maintain a general liability insurance policy insuring the Association, its agents, and Owners with limits to be determined by the Board, and such other insurance that the Board from time to time believes is in the best interest of the Association. The general liability insurance shall cover Parks, Open Space and Common Areas and Facilities of the Subdivision, as determined by the Board. All insurance maintained by the Association shall contain a waiver of subrogation as to the Association and the Owners. A copy of each insurance policy obtained by the Association shall be made available for inspection by Owners and their mortgagees at reasonable times. ARTICLE XIV CITY REQUIRED COVENANTS The City Required Covenants for the Bridger Vale Subdivision shall be as follows: 1. The Association will be formed before any properties are sold as provided in Article III. 2. Membership in the Association is automatic and mandatory for each property or unit buyer and any subsequent buyer as provided in Article III. 3. The means of enforcing the covenants, and of receiving and processing complaints are as provided in Article XV. 4. Common area and facilities must be perpetually reserved. 5. The Association is responsible for liability insurance as provided in Article XIII, any applicable tax assessments as provided in Article XII, and the maintenance of any common area or facilities as provided in Articles V, X, XII, XIV and as otherwise provided herein. Bridger Vale Subdivision 22 Declaration of Covenants, Conditions and Restrictions 6. Property or unit owners must pay a pro rata share of the cost of any common expenses, with any assessment charged by the association becoming a lien where necessary on individual parcels as provided in Article XII. 7. The Association may adjust the assessment to meet changed needs as provided in Article XII. 8. Upon the sale of all Lots, except that Declarant may transfer Declarant’s interest in the Property or a portion thereof, with Declarant’s rights prior to formation of the Association, Declarant shall transfer ownership and control of the common areas and facilities to the Association, pursuant to Article III, Section 10, provided however that Declarant may turn over such authority to the Association at an earlier time, at the discretion of Declarant, after 50% of the Lots are sold. 9. The permission of the City commission is required before the Association can be dissolved or the boundaries altered as provided in Articles III and XVIII. 10. Maintenance for public and private parkland, boulevard strips, common open space, pathways, lighting, stormwater facilities, irrigation facilities, and any other common area and facilities and that the Association is responsible for shall be maintained as provided in this Declaration. 11. Owners are required to control County declared noxious weeds on their Lots in accordance with approved methods and means. In the event an Owner does not control noxious weeds, after ten (10) days written notice thereof by the Association, the Association may cause noxious weeds to be controlled, the cost and expense of which shall be assessed to the Lot, which may become a lien if not paid within thirty (30) days of mailing of the weed control assessment to the Owner. 12. The Association shall be responsible for control of County and State declared noxious weeds in Common Areas and Open Space. The approved weed control plan is hereby included and incorporated by reference as Exhibit H. 13. Control of noxious weeds shall be as set forth and specified under the Montana Noxious Weed Control Act (§§ 7-22-2101, et seq., MCA) and the rules and regulations of the Gallatin County Weed Control District. 14. 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. 15. All fences bordering agricultural lands shall be maintained by Owners in accordance with State Law. Bridger Vale Subdivision 23 Declaration of Covenants, Conditions and Restrictions 16. Common Areas and Facilities are reserved in perpetuity. The Association shall retain ownership and maintenance of the Common Areas and Facilities within the Subdivision at the time and in accordance with this Declaration and shall maintain the same as required by the Common Area and Facility Maintenance Plan. 17. Common Area and Facility Maintenance Guarantee. In the event the Association, or its successor, at any time, fails to maintain the Common Areas and Facilities in reasonable order and condition in accordance with the approved care and maintenance plan, the City may cause written notice to be served upon such organization or upon the owners of property in the development pursuant to the Ordinance. a. The written notice must set forth the manner in which the Common Areas or Facilities have failed to be maintained in reasonable condition. In addition, the notice must include the demand that the deficiencies noted be cured within thirty (30) days thereafter and must state the date and place of a public meeting to be held within fourteen (14) days of the notice. b. At the time of public meeting, the City Commission may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. c. If the deficiencies set forth in the original notice or modifications are not cured within the time set, the City may enter upon such common facilities and maintain the same for a period of one (1) year, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance. d. Such entry and maintenance will not vest in the public any right to use the common facilities not dedicated to public use. e. Before the one (1) year period expires, the City Commission must, upon its own initiative, or upon written request of the Association responsible for maintenance, call a public meeting and give notice of such meeting to the Association. f. At the meeting, the Association responsible for maintenance may show cause why maintenance by the City should not be continued for a succeeding year. If the City Commission determines that it is not necessary for the City to continue such maintenance, the City must cease such maintenance at the time established by the City Commission. Otherwise the City must continue maintenance for the next succeeding year subject to a similar meeting and determination at the end of each year thereafter. g. The cost of maintenance by the City shall be a lien against the common facilities and private properties within the subdivision. h. The City Commission shall have the right to make assessments against properties in the subdivision on the same basis that the Association may make such assessments. i. Any unpaid assessment shall be a lien against the property responsible for the same, enforceable the same as a mortgage against such property. The City may further foreclose its lien on the common facility by certifying the same to Bridger Vale Subdivision 24 Declaration of Covenants, Conditions and Restrictions the County Treasurer for collection as in the case of collection of general property taxes. j. Should the Association request that the City assume permanent responsibility for maintenance of facilities, all facilities must be brought to City standards prior to the City assuming responsibility. The assumption of responsibility must be by action of the City Commission and all costs to bring facilities to City standards must be the responsibility of the Association. k. The City may create special financing mechanisms so that those properties within the area affected by the Association continue to bear the costs of maintenance. l. The City shall assume permanent responsibility for maintenance of Public areas and Facilities when a dedicated funding mechanism is adopted. 18. City required guarantee for Open Space preservation. 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. 19. The Association shall provide maintenance for all stormwater facilities provided in the stormwater maintenance plan, which is hereby included and incorporated by reference as Exhibit F. 20. These Subdivision covenants may not contain provisions which inhibit compliance with the requirements of the City’s affordable housing requirements. 21. Condominiums shall be assigned street addresses in compliance with BMC, Chapter 10, Article 7. Addresses shall not use “X” or other generic statements. 22. Any covenant which is included herein as a condition of preliminary plat approval and required by the City Commission may not be amended or revoked without the mutual consent of the owners in accordance with the amendment procedures in the covenants and the City Commission. ARTICLE XV ENFORCEMENT Section. 1. Enforcement. These covenants, conditions, and restrictions may be enforced by the Declarant, until such time as all Lots are sold, and then by the Association, Board, Architectural Review Committee, or the Owner of any Lot, in proceedings at law or in equity against person or persons violating or attempting to violate any covenant to either to restrain a violation thereof or to recover damages. The Declarant, Association, Board, or Architectural Review Committee shall receive and process complaints, and may assign a portion of its authority and contract with an independent property management service or other qualified consultant, contractor, or architect, to undertake inspections for conformance with this Declaration, to receive and process complaints, and to otherwise enforce this Declaration. Bridger Vale Subdivision 25 Declaration of Covenants, Conditions and Restrictions Section 2. Right of Entry. During reasonable hours and upon reasonable notice, Declarant and the Association, or their agents, shall have the right to enter upon and inspect a Lot and the improvements thereon for the purpose of evaluating whether the provisions of this Declaration have been or are being complied with and neither Declarant, nor the Association or its agents shall be deemed to have committed a trespass or wrongful act by reason of such entry or inspection. ARTICLE XVI CONSTRUCTION, SEVERABILITY AND WAIVER Section 1. Construction. All of the covenants, conditions, and restrictions contained in this Declaration shall be construed together. Section 2. Severability. Invalidation of any one (1) of these covenants, conditions, and restrictions by judgment of court order shall in no way affect any of the other conditions, covenants, or restrictions, all of which shall remain valid and in full force and effect. Section 3. Waiver. The failure by any of the parties hereto or any subsequent Owner to enforce any condition, covenant, or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter or in other cases, nor of the right to enforce any other condition, covenant, or restriction, nor of the right to collect damages for any subsequent breach of covenant. ARTICLE XVII TERM Except as otherwise provided herein, these covenants, conditions and restrictions run with the land and shall be binding on parties and persons claiming under them for a period of twenty-five (25) years from the date of recording, after which time these covenants, conditions and restrictions shall be extended for successive periods of ten (10) years, unless amended in whole or in part as hereinafter stated. ARTICLE XVIII AMENDMENT Except for Article XI, Section 2 and Article XIV, this Declaration, or the covenants, conditions and restrictions contained herein, may be amended or modified, in whole or in part, exclusively and at any time by an instrument in writing signed by the Declarant, until such time as all Lots (100%) have been sold or otherwise disposed of by Declarant, after which the same may be amended or modified by an instrument in writing signed by the Owners of sixty percent (60%) of the Lots in the Subdivision. If Declarant exercises the option to turn over the Association at any time after 50% of the Lots are sold, the Declaration, or the covenants, conditions and restrictions may be amended or modified by an instrument in writing signed by the Owners of sixty percent (60%) of the Lots in the Subdivision with the express written consent of Declarant, until such time as Declarant has sold or disposed of all Lots (100%). Amendments or modifications may Bridger Vale Subdivision 26 Declaration of Covenants, Conditions and Restrictions include the alteration, addition or removal of covenants. Such amendment or modification will become effective upon recording the same with the Office of the Clerk and Recorder, Gallatin County, Montana. Such an amendment shall be mailed to the Owner of record of each Lot. Covenants, conditions, and restrictions included in Article XI, Section 2 and Article XIV, required by the City, may not be amended or revoked without the mutual consent of the City Commission and the Owners, in accordance with the amendment procedures herein. The boundaries of the Property may not be amended and no portion or part of the Property may be removed from the Association without prior written approval from the City Commission. IN WITNESS WHEREOF, the undersigned, being the Member/Manager of the Declarant herein, has hereunto set his hand this day of , 2021. BRIDGER VALE SUBDIVISION PROPERTY OWNERS’ ASSOCIATION, INC. By____________________________________ Bridger Vale, LLC, Declarant By: Andy Ebbighausen Its: Member/Manager ACKNOWLEDGMENT STATE OF MONTANA ) :ss County of Gallatin ) This instrument was ACKNOWLEDGED before me this _____ day of , 2021, by Andy Ebbighausen, Member/Manager, Bridger Vale, LLC, Declarant. (SEAL) Notary Public for the State of Montana Printed Name: Residing at: My Commission Expires: , 20 Bridger Vale Subdivision 27 Declaration of Covenants, Conditions and Restrictions EXHIBIT “A” Legal Description Bridger Vale Subdivision P.U.D., Remainder Tract GLR-1 of COS 1221 Located in the SW 1/4, Section 31, T. 2 S., R. 6 E., of P.M.M., Gallatin County Montana Bridger Vale Subdivision 28 Declaration of Covenants, Conditions and Restrictions EXHIBIT “B” Bridger Vale Subdivision Commercial Lot Design Guidelines (See attached) Bridger Vale Subdivision 29 Declaration of Covenants, Conditions and Restrictions EXHIBIT “C” Bridger Vale Subdivision Landscaping Plan (See attached) Bridger Vale Subdivision 30 Declaration of Covenants, Conditions and Restrictions EXHIBIT “D” Bridger Vale Subdivision PUD REMU FLOOR AREA TRACKING MECHANISM (See attached) Bridger Vale Subdivision 31 Declaration of Covenants, Conditions and Restrictions EXHIBIT “E” Bridger Vale Subdivision Design Review Application Form (See attached) Bridger Vale Subdivision 32 Declaration of Covenants, Conditions and Restrictions EXHIBIT “F” Stormwater Facilities Maintenance Plan (See attached) Bridger Vale Subdivision 33 Declaration of Covenants, Conditions and Restrictions EXHIBIT “G” Declaration of Institutional Controls for the Bridger Vale Annexation, recorded December 21, 2018, Document No. 2634483, records of Gallatin County, Montana (See attached) Bridger Vale Subdivision 34 Declaration of Covenants, Conditions and Restrictions EXHIBIT “H” Approved Weed Plan (See attached) ATTACHMENT B VAPOR INTRUSION MITIGATION SYSTEMS | 1THICKER IS ALWAYS BETTER. VAPOR INTRUSION MITIGATION SYSTEMS GEO-SEAL®2 || 3 EPRO has a 30-year history in developing and manufacturing building materials designed to keep buildings dry and safe. We assist project teams in bridging the gap between the realities of the modern-day construction process and the ever-evolving risk associated with mitigating contaminant vapor intrusion on brownfield sites. WHAT EPRO DOES? EPRO empowers clients by enabling users to dial in the right level of protection for site-specific conditions. We make it easy to evaluate systems based on system thickness, durability, chemical resistance and cost, all but ensuring the best system based on highly specific needs. WHAT IS VAPOR INTRUSION MITIGATION? When contamination, such as Volatile Organic Compounds (VOCs) and petroleum hydrocarbons are present in the underlying soil or groundwater near a structure, vapors from these contaminants may migrate into an overlying building, adversely impacting the indoor air quality and causing harm to building occupants. A Vapor Intrusion Mitigation System (VIMS) is one way to reduce or prevent these issues. WHAT ARE VAPOR INTRUSION BARRIERS? Vapor Intrusion Barriers, like the Geo-Seal® series, are thick composite membranes installed to seal off exposure pathways. They are often used in conjunction with vapor collection systems to alleviate the build-up of contaminated vapors under a building. WHY IS VAPOR INTRUSION MITIGATION IMPORTANT FOR IN PROJECTS? ◆Keeps people safe ◆Helps meet local regulatory requirements ◆Speeds up the development process ◆Can reduce the cost of site clean up ◆Reduces risk and liability ◆Protects investments VAPOR INTRUSION MITIGATION SYSTEMS THICKER IS ALWAYS BETTER A thicker vapor intrusion barrier provides more durability, tensile strength, and puncture resistance to withstand the construction process. When all other factors, cost and chemical resistance, are relatively equal, a thicker vapor intrusion barrier will provide superior resistance to the construction process than thinner mil membranes. A thicker vapor intrusion barrier will also provide more robust seals at seam, termination points, around penetrations, and should always be preferred to thinner mil alternatives when seeking to provide vapor intrusion protection. Always. 100GEO-SEAL® VAPOR INTRUSION MITIGATION SYSTEMSGEO-SEAL®4 || 5 GEO-SEAL® 100 SYSTEM ASSEMBLYPRODUCT FEATURES ◆Geo-Seal® is tested, proven and trusted, with full acceptance from leading environmental engineering firms, and federal and state regulatory agencies. ◆Diffusion testing that demonstrates Geo- Seal® provides highly effective protection against VOCs, petroleum hydrocarbons and methane gas. ◆High puncture resistance & tensile strength to withstand the construction process Geo-Seal® 100 provides peace of mind knowing that a healthy indoor environment will keep occupants safe while also significantly reducing remediation costs and expediting the real estate development process GEO-SEAL® BASE (Geotextile/HDPE)Vapor-Vent® System GEO-SEAL® BOND (Geotextile/HDPE) GEO-SEAL® CORE (spray-applied polymer modified asphaltic membrane) 100 Geo-Seal® 100 is the industry-leading sub-slab vapor intrusion barrier for eliminating vapor intrusion for any environmentally-impaired site. With more than 50 million square feet installed, the patented Geo-Seal® 100 system has more than 20 years of demonstrated success. 20 Years of Success Waterproofing Warranties Durable Triple-Layer Protection Industry Standard VOC Tested EV80GEO-SEAL® VAPOR INTRUSION MITIGATION SYSTEMSGEO-SEAL®6 || 7 GEO-SEAL® EV80 SYSTEM ASSEMBLYPRODUCT FEATURES This composite membrane system is ideal for developments willing to compromise total system thickness and some barrier durability but still desire a highly chemically resistant barrier. Consists of three distinct layers: Geo-Seal® EV30, Geo-Seal® CORE and Geo-Seal® BOND. ◆Geo-Seal® EV30 base is a 31 mil EVOH base course reinforced with a geotextile, which protects the base course from the permeable base layer and creates a strong seal at seam and termination points. ◆Geo-Seal® CORE layer is fluid-applied at 30 mils to the Geo-Seal® EV30 base to create a seamless barrier and increased overall composite system tensile and puncture strength. ◆HDPE Geo-Seal® BOND protection layer ensures the other layers remain protected during concrete placement and mechanically bonds the system to the foundation during the concrete curing process for building protection in the event of soil settlement. E V80 Geo-Seal® EV80 is a 79 mil thick composite membrane that uniquely combines Ethylene Vinyl Alcohol (EVOH), HDPE and spray- applied polymer modified asphalt to create a composite vapor intrusion barrier system. EVOH Technology Durable Triple-Layer Protection VOC Tested GEO-SEAL® EV30 (Geotextile and EVOH)Vapor-Vent® System GEO-SEAL® BOND (Geotextile/HDPE) GEO-SEAL® CORE (spray-applied polymer modified asphaltic membrane) 60GEO-SEAL® VAPOR INTRUSION MITIGATION SYSTEMSGEO-SEAL®8 || 9 GEO-SEAL® 60 SYSTEM ASSEMBLY 60 Geo-Seal® 60 is designed to provide a cost- effective alternative for sites that want a pre-emptive mitigation solution and a robust vapor intrusion barrier. Unlike single sheet membranes, Geo-Seal® 60 provides robust chemical resistance and robust seals around penetrations and termination points — at a similar price point to single membrane sheet systems. PRODUCT FEATURES Consists of three distinct layers, Geo-Seal® FILM 11, Geo-Seal® CORE and Geo-Seal® BOND ◆Geo-Seal® FILM 11 is an HDPE Class A vapor barrier that alone will meet the basic water vapor barrier requirements for projects and the American Concrete Institute (ACI). ◆Geo-Seal® CORE layer, applied at 30 mil to Geo-Seal® FILM 11, creates a seamless barrier that increases the overall composite system tensile and puncture strength. ◆HDPE Geo-Seal® BOND protection layer ensures the other layers remain protected during concrete placement and mechanically bonds the system to the foundation during the concrete curing process for building protection in the event of soil settlement. Pre-emptive Cost-effective Triple-Layer Protection VOC Tested GEO-SEAL® FILM 11 (Geotextile/HDPE)Vapor-Vent® System GEO-SEAL® BOND (Geotextile/HDPE) GEO-SEAL® CORE (spray-applied polymer modified asphaltic membrane) EV40SGEO-SEAL®SHEET MEMBRANES VAPOR INTRUSION MITIGATION SYSTEMSGEO-SEAL®10 || 11 GEO-SEAL® EV40S SYSTEM ASSEMBLYPRODUCT FEATURES Geo-Seal® EV40s is ideal for lower risk sites where site concentrations are lower than state-specific screening levels, large flat and open areas where fast installation times are required or where active sub-slab ventilation systems are utilized. ◆Utilizes Geo-Seal® CORE spray membrane to seal seams, detail penetrations and terminate the membrane to concrete surfaces ◆Outperforms simple tape sealing methods ◆Allows for barrier smoke testing for a vapor-tight seal ◆Meets most state and federal minimum thickness requirements of 30 mils for passive vapor mitigation barriers ◆Meets Class A vapor barrier standards ◆Installed by certified EPRO applicators Geo-Seal® EV40s can be paired with an active ventilation system to increase system efficiency and provide redundancy should the mechanical components of the active system malfunction or temporarily cease operation. E V40s Geo-Seal® EV40s is a significant improvement over existing single sheet EVOH membranes. Geo-Seal® EV40s is highly chemical-resistant, easy to install and provides better protection during the installation process. Smoke Tested Fast Single Layer Protection w. Spray Seams VOC Tested EVOH Technology GEO-SEAL® CORE at the Seams (spray-applied polymer modified asphaltic membrane) Vapor-Vent® System GEO-SEAL® EV40 (Geotextile/HDPE) VAPOR-VENT® VAPOR INTRUSION MITIGATION SYSTEMSGEO-SEAL®12 || 13 Vapor-Vent® is a low profile vent system that can be used in lieu of a slotted PVC pipe to ventilate the subsurface of a building. The speed of installation and proximity of the vent to the barrier provides cost savings and performance benefits. Vapor-Vent® can be installed passively or actively to vent vapors from under the building. If cost is a factor, passive systems can be an attractive alternative, and it can always be converted to active later as needed. VENTING SYSTEMS VAPOR-VENT® SYSTEM VAPOR-VENT® Vapor-Vent® System Interested in learning more about Vapor Intrusion Mitigation? Get started today with EPRO. Contact us: EPRO Services, Inc. 1328 E Kellogg Dr. Wichita, KS 67211 Phone: (800) 882-1896 Email: vapormitigatiion@eproinc.com ATTACHMENT C