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HomeMy WebLinkAbout638300220353015338) (3) P-05040 Baxter fKeadows Phases 2CSD w MaSub Final Ylat Baxter Lane/Davis Lane/Harper Puckett Road Baxter Meadows Development u ust 26 2005 7) O J�. O a a d � a 4 11. Gross Area: Acres: 22.27 Square Feet:' 970,192 12.Net Area: Acres: Square Feet: 13.Is the Subject Site Within an Overlay District? ❑ Yes,answer question 13a ❑Q No,go to question 14 13a.Which Overlay District? ❑ Casino ❑ Neighborhood Conservation ❑ Entryway Corridor 14.Will this application require a deviation(s)? Yes ❑ No 15.Application Type (please check all that apply): ❑O.Planned Unit Development—Concept Plan ❑A.Sketch Plan for Regulated Activities in Regulated Wetlands ❑P.Planned Unit Development—Preliminary Plan ❑B.Reuse,Change in Use,Further Development Pre-9/3/91 Site Q.Planned Unit Development—Final Plan ❑C.Amendment/Modification of Plan Approved On/After 9/3/91 ❑R.Planned Unit Development—Master Plan ❑D.Reuse,Change in Use,Further Development,Amendment/COA ❑S.Subdivision Pre-application ❑E.Special Temporary Use Permit ❑T.Subdivision Preliminary Plat r ❑F.Sketch Plan/COA ❑✓ U.Subdivision Final Plat ❑G.Sketch Plan/COA with an Intensification of Use ❑V.Subdivision Exemption ❑H.Preliminary Site Plan/COA ❑W.Annexation ❑I.Preliminary Site Plan ❑X.Zoning Map Amendment ❑J.Preliminary Master Site Plan ❑Y.Unified Development Ordinance Text Amendment ❑K.Conditional Use Permit ❑ Z.Zoning Variance ❑L.Conditional Use Permit/COA ❑AA.Growth Policy Map Amendment ❑M.Administrative Project Decision Appeal ❑BB.Growth Policy Text Amendment ❑N.Administrative Interpretation Appeal ❑Other: This application must be accompanied by the appropriate checklist(s),number of plans or plats,adjoiner information and materials,and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 81/2- by 11-inches or larger than 24-by 36-inches folded into individual sets no larger than 8'/2-by 14-inches. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Application deadlines are 5:00 pm every Tuesday. This application must be signed by both the applicant(s)and the property owner(s) (if different)before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development,approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. Finally,I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. I(We)hereby certify that the above information is true and correct to the best of my(our)knowledge. Applicant's Signature: IN "n D Date: 8 Applicant's Signature: Date: Property Owner's Signature: Date: Z �� Property Owner's Signature: Date: Property Owner's Signature: Date: Page 2 (Development Review Application—Prepared 11/25/03) City of Bozeman T_a k Y J Receipt r $• Bozeman, Montana 20 r Received of ; 1 the sum of r Dollars for l By A V. A i E I t � I MY" lD a r o PjwHAI , e AB 09102499 Y B2 TN49 NOTE IS LEGAL TENDER _ AB 09102499 Y FOR ALL DEBTS.PUUBBUCC�A,ND PRIWRE . IMP88G Dice S mid T �x 'FRAN K�\N•\\ f City of Bozeman 0, Receipt Bozeman Montana 20 Received of \1. the sum of _ \G �= a` (? i E'. t" c\ `' � .- ..�. . Dollars for C OL ��'� ��•�' r P C`(1 h.•� (�� � t4� 1�, �� �_�t�,�•`'�C� f �l��kN \ y 11 j FILE REVIEW SHEET SUBDIVISION FINAL PLAT a:C ti' �S %0& Q File No. Reference files:-oSaa3�po o+�0a -0_ 51�3, -05100��?-(-)c;oaoZ,� U�3,i?-�41�6 , �U3bq �o3R'Xo, � Qd� P03o�5, °03oCo3,�,oao3rt ,�.�1a0, 4-oA9C3 (�t7-0(( 61 30 DAY REVIEW PERIOD ENDS: DATE DATE DONE DUE DONE BY Date submittal is complete Improvements Agreement Returned,if applicable Financial Guarantee Received,if applicable Send to City Attorney for City Attorney Certificate/Review Report Due to City/County Commission Date of City/County Commission meeting Plat signed by all required city officials CITY/COUNTY COMM ACTION: Approved Denied DATE OF ACTION: DISPOSITION OF PLAT: FINAL PLAT ANDAGREEMENT FILEDON: DATE RAPROVEMENTS MUST BE COMPLETED: DATE FINANCIAL GUARANTEE EXPIRES: DATE OF FINAL WALK-THROUGH AND APPROVAL: FINANCIAL GUARANTEE RELEASED: a:finalsub.rev- 10/31/97 Project Activitq L4 City or Bozeman Department of r1anning& Community Development 'roect Name: l Cw s Y� i e No: Date Activity Staff Staff Cumulative Member s) Hours Hours i CI$OF BOZEMAN • y DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENI Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net TO: Laurae Clark, Treasurer FROM: Tara Hastie, Administrative Assistant DATE: January 31, 2007 RE: # P-05040 & Z-05233 Baxter Meadows, Ph 2C & 2D Enclosed you will find the original Amended Letter of Credit number 1109630313, dated January 25, 2007, for the account of Baxter meadows Development, LP and City of Bozeman in the amount of $286,081.50, from First Interstate Bank which was issued to guarantee improvements related to the Baxter Meadows MaSub Phases 2C & D project approval. This Letter of Credit replaces Letter of Credit number 1109600313. Please hold it until you are either directed to issue drafts against them due to default, or to return the amount to the issuer when improvements are completed. planning • zoning • subdivision review • annexation historic preservation hous-g • grant administration neighborhood coordination fi First Interstate Bank 401 N.31 st St. P.O.Box 30918 First Billings,MT 59116-0918 406-255-5000 F.I.In www.firstinterstatebank.com Bank AMENDED IRREVOCABLE STANDBY LETTER.Of CREDIT Date of Amendment: January 25,2007 Letter cf Credit No. 1109630313 (Amending the original Letter of Credit dated Augus:22, 2005) FOR THE ACCOUNT OF*APPLICANT: IN FAVOR OF BENEFICIAR'Y': Baxter:4leadows Developnent,LP City of Bozeman 6780 TrEde Center Avenue P. O.Box 1230 Billings,MT 59101 Bozeman,MT 59771-1230 EXPIRATION DATE: This Amended Irrevocable Standby Letter of Credit will extend the maturity date to: on or before the close of business on November 13,2007 at our Counters in Billings, Montana. Gentleman: We hereby issue in favor of Beneficiary our AMENDED Irrevocable Standby Letter of Credit in the amount of TWO HUNDRED EIG1. Y-SIX THOUSAND,EIGHTY-ONE DOLLARS AND 501100 U.S. DOLLARS($286,081.50),which is available by your draft drawn on us at sight,accompanied by the following document: "Statement duly executed by a repre<entative of the Mayor and City Council of the City of Bozeman stating that "The Applicant has a lien placed on the subcivision known as Tract 2A and 4A of Certificate of Survey No.2202A,located in the S '..; of Section 34, Township t South, Range 5 East, and the NE V, of Section 3, Township 2.South, Range 5 East, P.M,M. Gallatin County, Montana and with this Letter of Credit will provide infrastructure costs such as road paving,landscaping and lighting for street development known as Phase 2C&21)in Baxter Meadows Subdivision in Bozeman,Mcntara." The original of this Letter of Credit along with your draft must be presented to us by certified mail or in person and addressed to FIRST INTERSTATE BANK, P.O. Box 30918,Billings,Montana 59115, Attentier.: Jeremiah Rouane. We hereby engage that drafts drawn: under and in compliance with the terms of this credit will be duly i_onoreelaccepted on presentation on or before the expiration date of this cr dit. It is uncerstood that the Beneficiary.;upon acceptance of this Letter of Credit, agrees that all parti_1 payments for improvements complet.-d in the development and approved by the City may reduce :his le t.-r of credi=by the amount of the payment. Sincere'.% FIRST INTERSTATE BA14K Authorized Signer: Scott W. Sanders Authorized Signer: Bruce C. Parker I C DEVELOPMENT D MEMORANDUM DJAN:PLANNING DEPARTMAND COMMNT TO: Lanette Windemaker Bozeman Planning FROM: Harley Huestis Project Manager DATE: January 29, 2007 RE: Updated Phase 2C/D Letter of Credit Lanette— Please find attached a revised letter of credit from First Interstate Bank for Baxter Meadows Phase 2C/D in the amount of$286,081.50. 3985 Valley Commons Drive Bozeman,MT 59718 (406)586-9922 • FAX(406)586-9921 4 r , 1( i ,.i N� Y R, l 'r �I , k� r� C . OF BOZEMAN y DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENI I Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net January 17, 2007 Potter Clinton Development, Inc. 3985 Valley Commons Drive Bozeman, MT 59718 Re: Baxter Meadows Subdivision Phases 2C/D - Letter of Credit No. 1109600313 Dear Harley; We have reviewed your request for financial guarantee reduction received on January 9, 2007, and based upon your Engineer's and Landscape Architect's certification, Bob Murray and I have approved the request. The City of Bozeman approves the reduction to First Interstate Bank Letter of Credit No. 1109600313, issued in the amount of $552,501.00. Please have a new Letter of Credit issued in the amount of $286,081.50 for the remaining improvements to be completed. After you provide the new Letter of Credit in the amount of $286,081.50 to the Planning Office, we will process it and return Letter of Credit No. 1109600313 to you. If you have any questions, please give me a call at 586-5266.. Sincerely, V Lanette Windemaker, AICP Contract Planner File: cc: Baxter Meadows Development, LP, P.O. Box 81487, Billings, MT 59108. planning . zoning • subdivision review . annexation . historic preservation . housing . grant administration • neighborhood coordination CIIF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 „ P.O. Box 1230 planning@bozemon.net Bozeman, Montana 59771-1230 www.bozemon.net Date: March 20, 2008 J C) To Whom It May Concern: Senate Bill 527 amending §76-3-203, M.C.A. was signed into law on April 17, 2007. This bill revised the exemption for the creation of new condominiums from the Subdivision and Platting Act. The amendment had an immediate effective date. The text of the amended section is now as follows: Section 1. Section 76-3-203,M.C.A., is amended to read: "76-3-203. Exemption for certain condominiums. Condominiums constructed on land subdivided in compliance with parts 5 and 6 of this chapter or on lots within incorporated cities and towns are exempt from the provisions of this. chapter if: (1) the approval of the original subdivision of land expressly contemplated the construction of the condominiums and any applicable park dedication requirements in 76-3-621 are complied with;or (2) the condominium proposal is in conformance with applicable local zoning regulations when local zoning regulations are in effect." Pursuant to the above statute, the Department of Planning and Community Development has determined that the condominium development on property legally described as Lots 1, 2, 3, & 4, Block 14, Baxter Meadows Phases 2C & 2D. ❑ does not require subdivision review and has satisfied the exemption criteria. has completed review as a subdivision. If you have any questions or comments,please contact the City of Bozeman Planning Office at 582- 2260. Thank you for your cooperation. Andre7 C. Epple, AI P Director of Planning and Comm n y Development planning zoning • subdivision review 9 annexation historic preservation • housing grant administration neighborhood coordination 1 t • ' • • THE LAW FIRM MOORS, O'CONNELL &REFLING A PROFESSIONAL CORPORATION PERRY J.MOORE 601 HAGGERTY LANE MARK D.REFLING SUITE 10,LIFE OF MONTANA BUILDING CINDY E.YOUNKIN BOZEMAN MT 59715 ALLAN H.BARIS MICHAEL J.L.CUSICK Reply to JENNIFER L.FARVE P.O.BOX 1288 JENIFER S.REECE BOZEMAN,MONTANA 59771-1288 KRISTIN N.HANSEN TELEPHONE:(406)587-5511 TODD A.STUBBS FAX:(406)587-9079 E-MAIL:cyounkin@gwest.net BARRY G. O'CONNELL(1947-2006) March 18, 2008 HAND DELIVERED City of Bozeman Planning Office P.O. Box 1230 Bozeman, MT 59771 RE: Restated Declaration for Duck Creek Town Homes Our file no: 96037\003 Dear Andy: By this letter I am requesting that the City provide me with a signed letter of exemption pursuant to Mont. Code Ann. § 76-3-203 for the Restated Declaration of Unit Ownership for Duck Creek Town Homes, a copy of which is enclosed herewith for your ready reference. You will note therein that this restated declaration is to replace the declaration for the Baxter Meadows Central Condominiums which was recorded with the Gallatin County Clerk and Recorder on September 22 , 2005, Document No. 2202827 . Also enclosed herewith are the following: 1 . Completed City of Bozeman Development review application and a check for the $75 . 00 fee; and 1 . A location map showing the Baxter Meadows PUD which highlights the lots upon which the Duck Creek Town Homes are located; and 2 . A copy of a plat of Baxter Meadows Subdivision, Phase 2C2D, (J-410) which shows lots 1 through 4 of Block 14, upon which the Duck Creek Town Homes are located. This map reflects the boundary line of the property with dimensions and the parcel sizes in gross acres and square feet. On these four lots are `Y March 14, 2008 Page 2 located 23 units being the entirety of the Duck Creek Town Homes . Exhibit B to the Restated Declaration shows the final site plan. Please let me know if you have any questions in this regard or if I may provide you with any additional information or documentation which will assist you. I anticipate hearing from you as soon as possible. Sincerely, CINDY E. Y KIN CEY/smk Encs . SK9486.WPD t CITY OF BOLENAN CUSTMER RECEIPI ;a Oaer: PRGFCASH Tyne; EP �Tauer: 1 Date: 3/24/C6 C1 Receipi. no: 135485 Descrintion Quantity Laant PA DPCD: MSCELLANEOUS FEES 1.00 $75.09 NNE &CONNELL d REFLING Tender detail Ck CHECK 139316 $75.00 f Tral tendered s75.6-3 iotal naynent 07j.E3 `•Trans date: 3/18/08 Tine: 12:57:03 t. .r , THPIX YOU! CERTIFICATE OF NAME The undersigned being the duly authorized agent of the Department of Revenue of the State of Montana within the County of Gallatin, herewith executes the following certificate relating to the Duck Creek Town Homes situated on Lots 1-4,Block 14,Baxter Meadows Phase 2C and 2D. 1. That the name Duck Creek Town Homes is not the same as, similar to or pronounced the same as a word in the name of any other property or subdivision within Gallatin County; and 2. All taxes and assessments due and payable for the Duck Creek Town Homes have been paid to date. Dated: COUNTY ASSESSOR HA96037\001\CEY5,440.WPD EXHIBIT MASTER BATH. '26 -• / \\ WiAS1 ER \ BEDROOM -------------- N 6'0' •.,Its MULTIPURPOSE tD ROOIJ .ro (o to I OPEN TO FELOw O) I N UPPER FLOOR P L A 1\1/4" = t'-0" EXHIBIT FLC' ' OPTION 11 SCALE: 1/4 REM ELEVATION EDGE OF QCIi1BIT 3 oa R YP'E A3.2 re R 2'"0_ 43'-O' LOVER LEVEL ' BUILDING W C. Mi ,�II`� 21'-4• 21'-4• B // BELO TYPICAL Io,-,o U2• 10'-10 112' 10.. V2• 10'-10 V2• A4.1 11 p' _a// 'oPe \ •y 7e.�. m ----- - --- _ ._-______-__ _ �9 ��v�"�,.o„I � �'' -•_--J- -_ ---�. -1. ____. --. •'� .ra�•\ BEDROOM \•'\ \ Ylb IF C I 1 4 I 6 I!I 1I /\\�/ � � -\•� \\+ a\\�b C'�yNy4 d'-'\\\ ]sYRt3l0w'onQ P •'A�a"eT 3T-I C A BEDROOM? NIULTI.PURPOSE HI"UI(Oom2 boo e/! W N. 22'a30'WN. \ C)a m ATTC ALL[$ . ` I ` 'o Ye., -r- •v�yF1p,PCRJ=T--T—.-e7"L__j T<..�e'•r-r---'i l-I -51ai1Po1.E- O-1�IL-- I O. i II II \ \ �\ \`\ d FIAT 4 \ wOf •y.e�/"\ • \ \ 4-. .a � r mi O ..� .��. 4 Il'y��I! Tsl O . I=4jl I b._1. c'.\\•\ "' -�'_!�\ i ` '_ -_ -*—� - �e,... _I ABw-boa QGA_riI ICI �I©+—.ai-1 �� � � —— \ ° sue+' —� T 2 kd. AssNrnw A3.2 v C ___ �J• _ "r 0 LJJ• -- 2 \ 4 I s A3.1 LL. o w DAvrEC _____- _ _, _-- - I• __-_ _ -'I— � 0 13:12 ON— _ TEC rrPLEFT SIDE EIEVQ S 1 i i____ ______i ` I s ® ________i 9 I N' R*HT SIDE ELO Mr.+a n OAS HaLKrlO�i 4 �I �I I -N CLOSET 2 IV 11UL1"I I'UItPOSL: ^�.� U0 5 A A _ y 4ON I I'-�_ I 4I-e• @ _. __._ ` 4 —w P� :23 MAR OT ASTuj OPEN TO FInSTI:R I C I 1 < TOASTER MASTER ATM I ,HT� l;�� g HF.OROONI B I HFOROON4 I S I I I I I 11 - L - -JI 1 nLCONY I IL- 1 ATTIC CE __ � � 1 - I I �y I I LL�A eLGC'�fi a C r AOPE IM• OOTv , , I si w.w G coFl I a cn ii O I C - I 1 I I I I - �= I -_._.a I 11 I I -- ---- ✓� C ix �AN3ON I I I I I 1 I �' IO Hn LI ONA'1 =---a - - HATT YY W HIT ECTIc --- I - -__---- _ ATTIC C {.} - _ - a ------ - _—pay ------Yc f-h - �I - - - -"..---_= -4 crro �, 3mTrw 2r ABOVE SEE OR400 ELEVATIONS AND 5 Z F-4M6240M ml` 0 PFIAW ONE -0' 4'-0' ._o• ABOVE-SEE E OR TYp1CAL 611MDRAILS: TYPICAL BALCONY- J wRFn au. ELEVATIONS STR IJC SEE T-1$MEET-6EMERAL -6AC0FLEX CO-W-U SYSTEM ON BAXTER MEADOWS 11-0• 3'-0' 3'-0• 1.-O- 3'-0' NOTES AND ELEVATIONS •_O' 13'-0 PLYK7m SNEATNIN6 PER m GALLATIN GREEN STRNRAL. COFIPLY"TN SAGO 2'-O IK 12•-0' _ 13'-0' 13'-0' _ 12'-0' '-0' 4'-0' 14'-0' 1'-O' STLBSTNATE REGUIREM£NTS. 23'-0' 75'-0' l'-0 1/2' 22•-0- SLOPE TO DRAIN 114'PER FOOT. LIVE-WORK CONDOS Wrr© WIT 0 (SEE WIT 6 DESCRIPTION AT LEFT) WITO n BLK. 14, LOTS 1&2 W17( -MIRRORED RAN WIT©-MIRRORED RAN I B NUfO-MIRRORED RAN O 9:w1 Ilue UNIT(-MIRRORED L ROTATED IBO•PLAN WITQB-MIRRORED L ROTATED 100-PLAN A3.1 A4.1 WITO9 -MIRRORED L ROTATED 100•RAN N UPPER LEVEL WIT®-ROTATED 190-PLAN WIT II -ROTATED 190"PLAN FROM ELEVATION WIT®-ROTATED IBO'PLAN FLOOR PLAN 1.s�oRiwas A-2,.MwN r�role Mr_ve.Mn,rs. UPPER LEVEL FLOOR PLAN �.scE oRNOG A-29.N1eN Prof 1iI.N Faa An1L vENrRA7p1 scMFna�. 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AFF PREFERED)SECURE W RIGID PIPIN6 IB'x2•' XIERIOR f N 4 OR APPROVED STRAPS ,---^CRAP( LIFER 6RQ..A WALL ABOVE - A3.2 ' LIFER AccE6RO2 IN GRAH_SPACE BELON YN I; � IN SPACE --- BELon IB'xN'MN.GRAYI.'PALE ACCESS I - -' 77'x30'MN. Ito MACTL:R I (n LEFT SIDE 8L I PaRCEn NOT AIR I �- -rr - ■� AW.AccE55 / �!— I rmpB^ S•• Z ••••••�•� --' FORGED NOT AIR Q A/G LOWENSIN6 w ROAN.-IRA tr- ,,✓��� �l 1 11'-I' 3_6' T-37 ' _ I .'Q a_Tlhf\1 ;.�+.�.•\ w cRAli'PAGE :054-2 DHSS D AL*06 I LOCATIONS AID �J o� • `; b• 1e _ �_ a_asE_TI P h kd. :AS SNOT« FENCE DETAILS- 5 PANEL 9]i�� 5 1 I 5 PANEL g O 6 PANTRY , `C.C/.'/`r,` I A �� y."s� T\ `I - i - Y.•'O o..p,w by -DAS/rEG ®Ly�.vC,_�i-! �I� I r�. • \\ .� ''-b' I RW.0 51DE o«,u, :Trx 5'fOKAGIi , S'rORAG! 1 t - I I '"P «..e er OAS C. '` TO !'I 1 I w. ♦" ` I \\ 3R B:\T'i i I APr.•.e ez U'!_R A C .-I�IT'- — •a- I I I ''+'- I R- /\�, ♦ DE 'OFFICE L o.,.,....e A4.1 ''�_. 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E ELEVS- -- 13'-0• 12'-O��5' I 7T-6' lo•-0• A BAXTER MEADOWS o N3 Al xErvu TTs wr s--- GALLATIN GREEN ® WIT© (SEE ORE6 DESLRIF+TION AT LEF TI ""IT© LIVE-WORK CONDOS Q EAWr�FAM-Sp(q,141R1l1 UNIT IQ-MIRRORED PLAN WITQ-MIRRORED RAN 1 B WIT©-MIRRORED PLAN rOD m. BLK. 14, LOTS 1&2 WIT D-MIRRORED 1 ROTATED LBO'FLAN WIT®-MIRRORED,ROTATED LBO•RAN A.3.1 A4.1 WITO9 -MIRRORED 1 ROTATED IHp•RAW 0 O SHXE OE',KIOx•Sff I-I RG.fklffiAL MOTIFS SAe.I Nu. WIT®-ROTATED LBO'RAN WIT II -ROTATED 180•PLAN FROM ELEVATION LMT®-ROTATED IHO'RAN MAIN LEVEL FLOOR PLAN O O wDrtiwlal ¢ oF As n EXiER10R LlfiFiflNb NOTES: I'-- (� MAIN LEVEL suae.w•.''�'• z.,m•xEr IFtR eReuD Ix eRv�vACE ExTF3NOR L,6Nr5 MICLNrFD TO T1E BNLDRG SHALL GORY HM RE6NATxJ,ei DESGWEED Ix I1E 601EFNw u4F1ED CEVELORENI' ,.HAURAW A Hxwl OF O'd',PX.ROOF,GLEARAMOE ABWE STAIR,.Y NS$ Y •'m'•r 's.e* FLOOR PLAN VERrtY LOLAROI oRORN.<c,Wl11DIN0 BR NOT LIHRD 10 r1E iR1OHN6. o � ExreR10R LI6M5 NOW fm i0 ME OULDNS SHALL ta THE NM RKIIATKK OE�LWBFD w r1E BDIFTMN UFIED 7 �FXISt10R B2VAr1()G FOR opll,,S LOGAi,ONh. 5 'd r'o'.e'a' TOP 11FfIERS_,E MOM•1l,GIR oEVELOHBIr olDlrw¢e.WCLIDW6 8Ur I,Or L04reD TO rn FOLIOHx6: EMiif�ENLY F6RE55 H1DO.G-Sff TT-,,SIEE,6EK3tAl NOTES. �•l Bonon rear.cures rNE TTFE DF ortxATlDuAREA'' Z� xwe F42O,ri.`ElExr,or1ER famR vz[s SMOXU 7.FI%MtE6 slwi ff SnELOFD w slr.N A F,ANRt MAT w LI6M Is EHTTED Aeo.E A NorazaMu.M,rAe PAs,lilLs MRpWI rn •. SEEre Row FLow Vr+F.u.u,aw ExTLR1cR sl � sn..1.o. Lwcsr FOM eF r1E Lw,R wnWa eaEFENr,ro rw.r oIREGr LwR EHrT®ABove MF IuuaNrAL Ptwr!e r N41NT® NA,ORAY.S AID rxNrsDR.4Ls- T-I 51�T.6ElPJtAL nmcs. Oh, GElwSNFR • ' S.NVKAL q50C(Br�EA VNAD6R tAIFMIED PE BH,BGML TFA)CILIPN6N O•JGlA"YLN NMi APRHAEAR TAERTE_PTr,FGRANpp SHsA aLL N GRO O I EMMAA(EDG HMMD LW NOT TO I G0M PROTEN,IFS AP ROO Ala •T]50 FD c) A-2.1 FB RIGNTGiN T FW MDMM OPATI-EM A-A N$ION N O Y' INLl M?MFD LKMT FI%LIRE SITE OESNK ANO TE OLYTS�4 ,ER A,D.tlR AftGYTFGME O.SEE A- TOrri S.I•J@T, .EeIIFrFLGYXY TYfE�. Oi•O 5o EXHIBIT � " Eq Eq Ea F I-l' 12 q PLATE__ CC ZE H�RIDGE -0540302 REAR ELE\/ATION 0 :AS 5HOM WFLATE ` --- wANSON ou -- w H: ::N Vm Tw* Tr.L SM. PAASE ONE caBAXTER MEADOWS . . . � .- - - LIVE-WORK CONDOS SEE~^-___DETAILS __ _' --� —____--_ - _- -- 40 LEFT SIDE ELEVATION C-4 R AND `_~ �����:�c���r LEFT S�DE oc � ELEVAT DNS � *v , EEX HIBIT n° C. ^ ' ' � � ' u I ® 0 0 0 0 0 0 0 0 0 Z HIM � u �n �� �� ND�,O'T V,NN�.. N � � A � � In � � O Oyp I I_.• __ .•__ 'G•I Q _______ ------------- I A Cw) 00 ' ' 8 I ' I InI ------ - --2---- �1 , 1 , El I i . - 1 1 , 0 I \ l 45F I 5�z II - •• In t � '• 1 " _ -- •• I -------- 4d v � � ad F' ' 44 m 29 �n T 0 l II ! n 7, n tabbier - I I I I (T II II 11 II I 1 1 -_ I •'��' v T o I Q d •o 10'-0 3/4' m 23 MAR 2007 BUILDING PERMIT SUBMITTAL SET - NOT FOR CONSTRUCTION X r. M,w . W> ; y fwq? i89fg8 B �'a r rl�i 8 m cjago Sin �a a��aa. ¢ g� I�'(it �; srgf� a4a= y y. I `3 101 i " Oy O o —I g Y (4 fE ro N rh t 7y a CERTIFICATE OF FLOOR PLAN The undersigned, being,a duly registered architect in the State of Montana,herewith certifies the following: That the floor plans for the Duck.Creek Town Homes situated according to the official plat on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, as filed and attached with this Declaration, fully and accurately depict the layout, location;unit designation and dimensions of the Duck Creek Town Homes and that such floor plans are an accurate copy of the plans filed with the city and county officers having jurisdiction to issue building permits. Dated: ill REGISTERED ARCHITECT Number: :EXHIBIT H A96037'k003tCFY5+41,NVPD J: 006\B06-0681and Development\668\b 6-068-02.dwg,1/4/2008 3:10:57 PM,SDC i 1DNND B� ION"R J I ,;r eueL,'P I <.'(• I PrW:''p[P 1 TO EKISINO L ND 7%D%' FM ! N oE7gN POND D S LONG SETBACK ' ;!� B�!uNrG SEIBAIX� .......-.....-....._..._........_...-.. ............... - OAIL Fi�TOWAY BI � r , y <ti L_..—.•—_-. -._....__.._.� '', A/C TT PAD j;• '...�'- tFh7,",:�'. I: F:'' J�)... 0 20- 40• 60- 1 L7rP.) I - i 'i i NO T d•'. ! iI .! I ! 1 ! I I I i r : ..n. - .... ,,, N M _ ' iV6g TRNGIE 1 ' I 1 III \// I ! �l :.:.YP 7 I :' i �K c-�,��•V I i i XNO (�ILAT,12 y ----'—'— '-� � i r L; :µYE`-.. � i i}•ter.: wo:�'r+� r ' : g 1 1ILDWCI - smcx '1 i 4r: LIT I : ' I 1 y I ' `,�` _a.___. I � =�`•'=' -,!r...._._.=_—..--- ;,,T: I __P.P. P. ' ,• ( ! � ; ........ 7_ �`Fwm ; u� .._ 'I 'II \• tLt,:a 9tl'EF i I iI aIT 3 f y zomm 71 0-2 ^i! :d -...�,,... 7 ewr:.. I NJ! p,•m '�i ...,'�.. ` I I I :IAli • is ` Ix I BLA SEfBACN � t ,V f E I I i•rtru I� �'� 'ti- OiEA7TOMAli ' N TZA I x7mTY ARM MvI i LAD UN �� e ._-f;`_.---....TKO. °,ti`65Ai .. ,• _i, I 03MC ASPINLT I �:_. N ,a.Nr � iT..., fs_,..}!' ""w''.Yrl"r-'.'—_}, I I r•I TPAL i DMING 6ENCNNAPot ARROW BOLT ON NIORANT %/ �y A4LM• _._. .....................J ! EEV-Ie94.07 'j .� I r A 1 L ' ..._-::..................I,I.r...._.... ]f,..S-.� .. p •� .. •y�A11M]00'Y• __ _ _..A..._......_.............. _.. i •t , r, :r _ .........-......... . _-- - - —Ubbier { { i •I 1 a � .. EK'StBINCIIWIIX UIUIY EASEMENT RED PLASTIC W VLOON TRwaE E0LG9IAAN LANE EIMMB]AI� T. _.-........_-........_.^_ /� - --.._................................_.......-......_...-..— --..._......._.................................-...........---- .................... �'.....: i............................_....._....,_.... ....._ . __.........._................................... .. _._................................................. .._....... ..... 33, E?c i II 1 II 6 ICNNG B- I aJE!I:Pp,c 7 rpe,c:al o'NJ.rL(p:n.,.JD+'s t II i 'I I eVJNi'M P;;L.Ow'S. ' ' •r fLn'G:MYirp u(.'lGv,� m& GALLATIN GREEN LIVE-WORK CONDOMINIUMS BY EB w7E I TT o7 oEsaLa Aoo$IST BOOR CONFIGURATIONS BOZEMAN,MONTANA IS- y By EB DATE 1 18 07 OESCA APPROVED FOR CONSTRUCTION SET A� .•�. BY�IY-DATE ESCR ROORPUN CHANGES ASP R KENMARK c 0 c THOMAS,DEAN&HOSK NS,INC. ; FINAL SITE PLAN TD&� I ENGINEERING CONSULTANTS y PALLS�pT[7MM-KAUS9ETE wN Nu () W 5 B If II 1® E ""s'wD`NHQ Mot,R-3 K 0 p OF ,P —D C"E MD, '2, os. WK ........... .......... aA 20 40' Go, MD! D 11 SCALE iIt ,Ir j ND W 0 ILOT -Ji 17' P t Eat] srrll� ml ... ..... ... .......... ........... OF "a ...... M� 41 L"T zwx e-2 No j A: "T1 H Eaftw- II --4 N 4 i —W .................. �T N . ............ ............ ............ ......... ............................ ........................ ............... ................. fLam w Itslo.Tftl%uy W��LANE VMM EMOR E�4aw,5 .......... .............................. ............................. ............ ........................ .............. ............ ................. ...................... ................ BOA 33 liti.,11., w- M 2 "owoCK 1- DUCK CREEK TOWN HOMES o BOUVAN'MONTANA E PLAN TD& -A ITHOMAS,DEAN&HOSMS,INC. FINAL SITE 6,!�GWI�MG CONULTAPM Tio EXHIBIT EXHIBIT BAXTER MEADOWS GENERAL NOTES: OWNER: APPLICANT: rdY a.wu!eae r wccamnre wm M]am ewwra YTAaas annewerer v. rr.naT Yuoo.a ncTum.Tar v. T eTaw.:eToeava ccoe tTAa w.Ta wu wrRrine(me wo pTr TaurYs a]aY Tau•Tra m rnr twTc vrc]m Tm Tur d•Tc asT[]ao nTo exrtex r�i>Twu a u•a•anwrz reM� sanrQ Y:aYQ atsTcs Yr anm - reraTrrerx a.vas!oa.e m uraem essYsm r•.+ l•w)ew-aa•l ,� pa•1 Yr-.se — Gallatin Green Boulevard `° ` A CON w: •a�•a�ro�w•�a�ea•++•��•�.+.>wr��N ARCHITECT: CONTACT: ..(t•]e Merl(.(N•el sLe K(4R rOarTelay SfM6aT!w)el[Cri SC ��! •r M Live—Work Condominiums e Phase One aro>�eYa®WMa�ew�l.w•Yn.m.wLL�al.e� Ma„eTeTn�lr.ee�,�,m.�—a .ss,eT YrraawT].uaTorr v. lra TewraY uM�vrt Ta aeY r..,•Y! •.TTr>Toe wu ewe wY]reo sa+om Au>MY►mea n a•ne en t Mw•CAY w6TN1M wT ALL•OCAAtTae MALL AY Maim rY!>eTr /Ire (.A1 QM9:Q ]OU RLr 0•K Ll[10D a eu ewT.weTueelmeTt•ert: w• (•w)us-aQ iva n a.eQ m Yar�-••oYnem •.,+.w.rowrr.•e.® �(pYY)!ta-a!•l l ac'r Q l bTer OJr SIYtYTAt 600r11I•rTTatr lrYt NwawL r.✓: CIVIL LANDSCAPE: a o LOCAWN BOZEMAR MWMA .,a,a <!>w�.a�ies.ate.nor a�Ywe W sve m� Tn•Y awmYc easauYrs rcaa W nws tva 'a~ ��� n r•1]Na!SMae CelKroie reTT'D ro M e•we rewwr roeT lrlrzM w mm eusc xuR fra a•r. MrTptr ewCil nD•TIeY.Ol61m.wu a s2 nMe'MU.!ulrm n!Qr YDmSwt w.C-: la Yam eNY14T.9!rz an .ccaTovr¢rleM M name v m Gene rTo M e(OIDTM Yr ama ve.cl Yr ann wmao eleanY•w eawaa nnene is M+w a (Ys�a�YTrn r.r�.uu�x•.-wn a Kio 'mrY►no.eawrz wmcwrm>Y«aa+an r..w ao Tr..�•�eTeem....a. .rr<..YTn.wMTSTmAwsm: Z M ew TewrzYa e•YL R ano•m ro rYnw wTM d twlww>ID>mTr 0 ~� °. ar.m•e�svn.nY«uanr®Wueee. STRUCTURAL F- Y,MWA•eYWl.maw.Tm rra Mrecem lro to AmLmYT rA Y YolmOC( T- W U lID 1TMY I'rG(YMMe mf/.m TweTAtel llaae rrlL Twrl Ya l!•l Wrw _ YTrM[f 1rR Y Ye A pa•VnDR lr M eAwA M ewbRM SrreGM eT!Or YDLpYtI Lrt a-1 _--Mr A•wr 'lu•1lnTmcrmmrra lem rwwyy aemvwTeYr.wee eoIDlrr4nwna aKr•eOr,acre a rrwwee nQ nveTT4Tle M.YIL>OYlBIe ro m A /.Yw(WI)9w-Q'n P. r�. Mae•Slserge wmY]a.aeea stW tYY•Aac l.Y fYa P n nl]ler.T••�-�-•awreeminwbwmy.rw N � •• .b rQm ao.erneawre l.Y•,_wYe TY>o TametmenQ me = ��"����-` A[lLr6Mre2 Tml M Tee0011@ 18iM AW M•tl1•.KIYRS nlreeMrTae Tl•tleMRNeaa faYlWll4W IDMO IMID. fd4 n•. :o54aW2 ABBREVIATIONS AND SYMBOLS LEGAL DESCRIPTION aeYeeYon>reewumroMuneYyYulneePwenA SITE ADDRESS: � o••• :11�ob feTr.■SKI a K/1a]�6RS M Tae I.;nw!!a wY•ttl M W MM2 eer MIeR]C.. 0 Yr. :As•Dw fpQ14 al® 1TKJ301e1 ]. AT GlOee!W aTe11Y 11•aT Ww!lTISL!1 MM•M >Q I rK•MD IR •JMMRr wi ltT �„� A-3 onoTa¢ TwAoee mnaaseanaa>a leueev�. I.L rl•+a••••r :OAS/IEL a s Yovyo sYulw.am.a.mr PROJECT DESCRIPTION: °iwi•> 'Tm AwlaT eea,m ®— KEY PLAN aarwwMMrTYTwuslrumnaTnmTaK:erTaTse.la areT,TQseaYrTAe.e.leoToa..nrerbeerraaaaar.eF- t]�r•> :oAs aC H•L Ter( MYra.f MtOr3.•1HYY]G W�YwIIO.AT IfIGT Oe'QQeKll la.rlNReIYQTYWIOY 0 •w•�•••�•> ' nrtr rQM r.aeT ql rqe YLR1 TTnoTNs W m T aTw ro>rw eweP w•->r Ala.!ne o wys.nYCYr+e�aYu!YnYbfl Z 8rna YwrY mAU TTwewrzwYx nsn>aT evv.rswi•,Yww..s>M.0 PROJECT INFO: �,u Tb TR Yn •omae !.o•rrao na M rTu Ttaem Q weMr•1TaT w rorI oeecnr..me � pry.b+•. :90 OCT 06 •e•! M Tfr r•al ro A•ewr rwecnY neat M IOtsT waea TWOrA•! �Se fL06 be•OG GN Yr�/o �rrbr O w100Y Y/bl �___21nY�i �1}Z-AYQ�-_ /AY�rTMA�seWL M K A s•IQ O IYr 181 r1YI11�'e!IIm1 ��YT06 ] � �nb�•Y . +ram x ]..eercTa evearTe al YA®nacw s•.wre larwTm•Tae rMYTn w.nTCTS Ya, se wrursseee UJ wY.,...: m www ee•vm � a1VwM. • .� .ereT M Waal al M.a!euw sYt!Tw�T whoa a>r lm TwM>Y Y J• eTTa m lI mmlrM GROSS BUILDING AREA SUMMARY:(n a,�y,r T..nr :]3 MAR OT J _ f>OT eL0 tx STAO Nnl w WTAL rat f!rS1R tarrYYl IM'! _ A-' � M nafw a lM1[e maM OMl11M.2 eYrem YT 1a11rUY l••Y MpWI rw MY9w9 MQYM1.1br M wlae a•M 1RM!•4NIPIMJ lWl KIIIGe lira 30.rt. .'m•Kfe fib.•• Ia a IDOM !SY AtATt nm r wwArz•T�e Aw wT Y Tbs lawrne o.T•Y.w• rTSTasw rlaeemTAR MI>Tmcs AT tYeT lrae Q STAwwTleWe1TK 4 ew•SiMTb. a t �' � . well wT..•M as•Yemvarr weP.e MYaYT>. � ma rYPa�`YYrc�,a.Y A-J 4Ca' (� ® ® O' • ' 0 a gone reel Tl.sar wm sTru Yar o•>m A W<K caeeP x ne,.a..Yrr ATo w<wu..ee g YaamYrA•,uo wnra lnrm>a rsr.nerve aerwwc a wr � �� i�—PHASE TWO 3IE PHASE ONE—�I "••AO�m^°l�"�annl`ae w.arrHm swva ..e rwsYc A_} � Te•em or osYter acr aTwlr_RY6Ym vr¢r1TOY ewnel aeTR mo wTo a Tm wl rxn.a avna eaYz ]... vlr:m•rYocwe«uY.eATrsTaeavYae.00.wwm DRAWING INDEX go .oY ettwYxrmeea Yeah.coos wer rwscw Mru•Yn tar+ w.�w re'r'a'eiu°O�ovY�Ye•Yr�o>�c"'.o A.xi°iYi Yn�arw.•w uz l rY mal es.no see wewvnoY � C/1' AeAalDeD>Rmrr•�awEm:SlawwSvt..Y wbneAND •ln AR•vsauTaEsslasnmmTrsrAT emxixixi m.mxi n nrtrtSrtart nrt g U M�MmTmmrmn•err A o xiximmxixiRo nrtrtrtrt rtnY,.....a oT suzyuu]Trua w1Tmaaegma0oa mmxi>mximmxi,e rt rtrtrrtrtrtrtRm....,.... tYYiT w! ne'awaaa•Dae•s.mxim xiemxi rrtnort nrtrtr...A.....• 2]iA1g]aa1M!aTMmmm•A ximm mmrom nrtrR rortnu....... CODE ODE Yn't•sn ary DATA AT•aeA ] •a n�r snrzl rt.T, •a.v e]�aw"a'eo"-e]a�o•r.�cm•ateama rneoow.Yc rr r':TYm.awwe>sa'c�c.o uw ooaar T+`oa`.'OmeG u m tea ..„w eal aalr rrKce,r r.u.Mr r•ee ae wmma u]r rwelYMrr aweYY Ylrax a Mac rl»uuawuuarw]-].g]aai•.a�r�rr•�•• �erTg�rnlwmw�!sswsnenwneQrzsrewprawAe.o'welueArwannb.wfrlw1N.e1�.rr'w YpN6aTeCYa>ee•Sw aT r�Weesnrw Wea•T aM-Ms.-ranaaesgnr>sYesa Ywe--ea lesT TW t mrteaarntvee n.]wr. wY tllav u•e•]n..o M]re wwfwfttwnnnwvwYwwa!:saseee T�T:l]i M..wnn�w•aa000we]]]]Utd ww x�—lAllNt�C. 8)' �M 01! w�B-�.- C. C� Vm l n. • APPROVAL AREA r a FHABE 0E BAXTER MEADOWS GALLATIN GREEN axirt m mn A aa a mmwe UVE-WORK CONDOS.- eI.a mmn. r>a m n. al m n. ]®m n. ax.rz ma owwr..cwer..onnw aewrz nx a r^�'l rr•e Q BLK. 14. LOTS 1 k2 •� unxirt ,nxirt. �mrt. a•mrt. siMmn �I "'4' Ta xi rt tTao m rt. m n. bg — mxirt oxirt, rlaemrt, nmrt. �amrt. �] ^p°°'�rw',,, N 0 A..T m rt m m rt. u]a m rt. w xi rt. >...wr. �Mnawr aY smT re.m ,,• ^w"'a""!"u' N TITLE SHEET k aerxirt mmn. Tlaxirt. aemn. ]®mn. e'T1OfeO""p''w"> Y� er „ Ym.nTn+.v« GENERAL NOTES Yaw wewrrr ruY am xi rt Tn m n. ]rao xi rt. ass xi rt. zw•m rt. na•eATTos mrw•! Tam m rt .racy nwe m.rests ov rmeu Tw o rwnw arwu — aaTxin mxirt. Ts]xirt. vxirt. ]ammrt. swo wwwu anme faTl.•arD PT•el TK Cage AST . a•1 m rt mmn. U]]m rt ]:xi n. ]®xi rt. neew eAaae••>m nine ra.wM'l oa FT mcnoria mTaa!uaeo Moro (h �w w T-1 EXHIBIT DATED this day of ���- �� _-r �- , 2008. BMKM, LLC, a Montana Limited Liability Company By: ' BAXTER MEADOWS DEVELOPMENT, LP, a Montana Limited Partnership, Its Member B ! -� v v• Gerald R. Williams, General Partner STATE OF MONTANA ) ss. COUNTY OF YELLOWSTONE ) On this o�' = day of �' �=� ���� : ,2008, before me,the undersigned, a Notary Public for the State of Montana. personally appeared Gerald R. Williams, as General Partner of Baxter Meadows Development, LP a member of BMKM, LLC. (printed rime), ' p11AR14 ,'w Notary Public for the State of Montana Residing at Era_ 'y^•� • f � :�.,a My Commission Expires , ATE or ► �� Restated Declaration of Unit Ownership For Duck Creek Town Homes - page 17 HA96037\003\SK8141.WP6 (d) Any lapse, cancellation or material modification of any insurance policy maintained by the Association. 27. AMENDMENT. During the period of Declarant control, including construction of buildings on the expansion lots, Declarant reserves the power,as authorized by 70-15-301, MCA,to amend this Declaration, and any subsequently recorded Declaration, as provided in Sections 3 and 4 above, or to comply with any FHA, VA, Freddy Mac, or FNMA requirements for guaranteeing or purchasing loans on the units.All unit owners and all mortgagees of a unit, by acceptance of a deed, mortgage or trust indenture to any unit, shall be deemed to consent to any such amendment. Except as otherwise provided in this Declaration, the provisions of this Declaration shall be amended only by affirmative vote of the owners of 90% of the units; if a unit has more than one owner, only one owner of that unit need consent. No such amendment shall be effective prior to completion of construction of all units, including expansion units, unless approved by Declarant. A change in any of the following must also be approved by 51% of the eligible mortgage holders: (a) Voting rights; (b) Responsibility for maintenance and repairs; (c) Reallocation of interests in general or limited common areas or rights to their use other than as set forth in this Declaration; (d) Redefinition of any unit boundaries for completed units after conveyance by Developer; (e) Conversion of units to common areas or vice versa, other than as provided in this Declaration; (f) Expansion or contraction of the project, or the addition or withdrawal of property to or from the project, other than as provided in this Declaration; (g) Restrictions on leasing of units; (h) Imposition of restrictions on an owner's right to sell that owner's unit; and (i) Restoration or repair of the project in a manner other than as provided in this Declaration. All amendments to the Declaration shall be recorded in the office of the Gallatin County Clerk and Recorder, Bozeman, Montana. Restated Declaration of Unit Ownership For Duck Creek Town Homes - page 16 HA96037\003\SK8141.WPD incurred in compelling compliance without filing for arbitration or bringing a court action. Owners shall be responsible for non-compliance by their tenants, unless the tenant has been designated as the owner pursuant to 70-23-102(16) MCA. 25. EMINENT DOMAIN. (a) If a portion of the common elements only is acquired by eminent domain and' if a separate award is not made to each unit owner, the award shall be allocated to each unit owner in proportion to each unit owner's percentage of undivided interest in the common elements. (b) If a part of the project which includes one or more individual units is acquired by eminent domain, the award shall be allocated to unit owners as follows: (1) The owner of each individual unit taken shall receive the fair market value of his unit, including his interest in the common elements, whether or not any common elements are actually taken. Thereafter, the unit owner shall be divested of his entire property interest in the project attributable to the unit taken and shall have no further property interest in the property, including the common elements. In addition,the owner of each individual unit taken, following compensation, shall have no further voting rights in the project as owner of the unit taken. (2) The remainder of the award, if any, shall be divided among the remaining unit owners in proportion to each owner's percentage of undivided interest in the common elements. (c) The Directors of the Association shall represent the unit owners in any eminent domain negotiations, legal proceedings, settlements or agreements; each unit owner, by acceptance of a deed, irrevocably appoints the Association as that owner's attorney in fact for this purpose. 26. NOTICE TO HOLDERS, GUARANTORS AND INSURERS OF MORTGAGES ON UNITS. Upon written request from a holder, insurer or guarantor of a first mortgage on any unit, the Directors of the Association shall provide said holder, insurer or guarantor with timely written notice of: (a) Any proposed action that requires the consent of a specified percentage of eligible mortgage holders; (b) Any condemnation loss or any casualty loss which affects a material portion of the project or which affects any unit on which there is a first mortgage held, insured or guaranteed by such holder, insurer or guarantor; (c) Any delinquency in the payment of assessments or charges owed by an owner of a unit subject to the mortgage of such eligible holder, insurer or guarantor, where such delinquency has continued for a period of 60 days; Restated Declaration of Unit Ownership For Duck Creek Town Homes - page 15 HA96037\003\SK8141.WPD right of ingress and egress for the purpose of installing, maintaining, repairing and replacing all necessary underground pipes, lines and cables. To the extent that they can conveniently do so, all grantees shall use the same trench for placement of pipes. lines and cables serving each of the units. This easement may not be used for providing utilities, cable television and internet service to any real property not described in Sections 2, 3 and 4 above. 22. UNITS SUBJECT TO DECLARATION, BY-LAWS, RULES AND REGULATIONS, AND RESTRICTIVE COVENANTS. All present and future owners of units shall be subject to, and shall comply with the provisions of this Declaration,the By-Laws, restrictive covenants,and rules and regulations adopted by the Association, as these instruments may be amended from time to time. The execution of a purchase contract by a unit owner or the acceptance of a deed thereto shall constitute acceptance of the provisions of such instruments by such owner. All owners shall be responsible for ensuring compliance by their tenants, family members, other occupants of their unit and their guests. The provisions of this Declaration and the By- Laws, restrictive covenants and rules and regulations adopted by the Association shall be covenants running with the land and shall bind any person having an interest in such unit as though the provisions were recited and fully stipulated in each deed or conveyance thereto. The invalidity of any provision of this Declaration shall not affect in any manner the validity or enforceability of the remainder of the Declaration. No provision in this Declaration shall be deemed to have been waived by reason of any failure to enforce it, irrespective of the number of violations which may occur. 23. - RESTRICTIONS ON LEASING. Any lease or rental agreement shall be in writing and shall subject the tenant to the provisions of this Declaration, the By-Laws for the Association, and all rules and regulations adopted by the Association. Owners shall be responsible for any violation of the provisions of this Declaration, the Bylaws of the Association or any rules and regulations adopted by the Association by their Tenants unless the owner has designated the tenant as the unit owner pursuant to the procedure set forth in 70-23-102(16) MCA. 24. ARBITRATION AND RIGHTS OF ACTION. Duck Creek Town Home Association and any aggrieved unit owner shall have the right to binding arbitration, and to maintain an action .for specific performance to compel arbitration or enforce a decision of an arbitrator, against any unit owner or the Association for failure to comply with the provisions of this Declaration or the Bylaws of the Association, or any rules and regulations adopted by the Association, except for claims of non-payment of assessments by any owner and foreclosure of the lien for unpaid assessments. The prevailing party in any such action and in binding arbitration shall be entitled to recover its costs and attorney fees actually incurred from the losing party. In addition, the Association shall be entitled to recover from any owner violating the provisions of this Declaration, the Bylaws of the Association, or Rules and Regulations duly adopted by the Association, including failure to pay assessments when done, all costs and attorney fees Restated Declaration of Unit Ownership For Duck Creek Town Homes - page 14 HA96037\003\SK8141.WPD 19. EASEMENTS. There shall exist for the benefit of each unit and as a burden on the other units the following easements: (a) Easement through the general common elements for ingress and egress for all persons making use of such common elements in accordance with the terms of this Declaration; each unit owner shall have an unrestricted right of ingress and egress across the common elements to his or her unit. (b) Easements through the units and common elements for maintenance, repair and replacement of the units and common elements. Use of these easements, however, for access to the interior of units shall be limited to reasonable hours. except that access may be had at any time in case of emergency. (c) Every portion of a unit which contributes to the structural support of a building shall be burdened with an easement of structural support for the benefit of the other units in that building. (d) Easements through the units and common elements for all facilities for the furnishing of utility services to any building or the common area,which facilities shall include but not be limited to conduits, ducts. plumbing and wiring; provided that the easements for such facilities through a unit shall be only substantially in accordance with the plans of the building. (e) Easements for encroachments (and maintenance thereof) of any portion of the general common elements or limited common elements upon a unit or units so long as they stand, and easements for encroachments (and maintenance thereof) of any portion of a unit upon the general common elements. limited common elements, and upon an adjoining unit or units, so long as they stand. Such encroachments and easements shall not be considered or determined to be encumbrances either on the general common elements, the limited common elements, or on the units for purposes of marketability of title. 20. GRANT OF EASEMENTS FOR SERVICES. The undersigned hereby grants an easement over and across the common elements and the driveways and sidewalks for mail service, solid waste services, fire service, police protection, other emergency vehicles and other publicly-owned vehicles being used for official federal, state, or local governmental purposes. 21. GRANT OF UTILITY EASEMENTS. The undersigned hereby grants unto to Northwestern Energy,to Qwest,to Bresnan, to Bresnan Broadband, and to all other providers of utilities, cable television and internet access,an easement across the above-described real property forthe purpose of providing underground utilities, cable television and internet service to each unit, together with the Restated Declaration of Unit Ownership For Duck Creek Town Homes - page 13 H:\96037\003\SK8]41.WPD to a unit by purchasing at a foreclosure sale of a first mortgage or first trust indenture, such acquirer of title, its successors and assigns shall not be liable for common expenses or assessments chargeable to such unit which became due prior to the acquisition of title to. such unit by such acquirer unless expressly assumed by them. 15. REMEDIES FOR NON-PAYMENT OF ASSESSMENTS. All unpaid sums assessed by the Association for common expenses chargeable to any unit, together with interest, late payment fees, collection costs, costs of suit or arbitration and reasonable attorney fees, shall constitute a lien on such unit, and if filed of record, may be foreclosed in the same manner as a construction lien. During any such foreclosure,the unit owner shall be required to pay a reasonable rental for the unit, and the plaintiff in such foreclosure action shall be entitled to the appointment of a receiver to collect the rent. Each assessment, together with interest, late payment fees, collection costs and costs of suit or arbitration, and reasonable attorney fees, shall also be the personal obligation of the owner of the unit against which the assessment was made at the time the assessment fell due and a suit or arbitration proceeding to recover a money judgment for unpaid assessments shall be maintainable by the Association against said owner without foreclosing or waiving the lien securing the same. All costs of collection of delinquent assessments, including but not limited to, court and arbitration costs, costs of filing liens, and attorney fees, shall be the obligation of the non-paying unit owner, shall be deemed a common expense chargeable only to the non- paying unit-owner, and may be added to the next regular assessment for that unit. Such costs shall be a lien on the unit of the non-paying owner and, if unpaid, the lien may be foreclosed in the same manner as a lien for unpaid common expenses. 16. PROCESS. Service of process in the cases provided for in Section 70-23-901, Montana Code Annotated, shall be made upon Gerald R. Williams, of 1500 Poly Drive, Suite 300, Billings, MT 59102. This provision may be amended in the manner provided in Section 70-23-902, MCA. 17. RIGHTS AND OBLIGATIONS OF DECLARANT. For each completed unit owned by it, Declarant shall have all of the rights and duties afforded to any owner under the terms of this Declaration, the By-Laws of Duck Creek Town Homes Association, and Montana law. 18. PAYMENTS BY DECLARANT. Until all units are built and sold, Declarant shall pay the real property taxes for units not yet built, or built but not yet sold by it. Declarant shall insure, to the extent it deems necessary, all units under construction, and pay the cost of such insurance. Restated Declaration of Unit Ownership For Duck Creek Town Homes - page 12 H:\96037\003\SK9141.WPD of enforcing this Declaration and the By-Laws and rules and regulations of the Association to the extent such costs are not paid by the violating member; (b) The cost of insurance, maintenance, repair and replacement of the exterior of the units and the common elements for which the Association is responsible, including the cost of insurance, maintenance and repair of the exterior of the buildings, except glass, the cost of maintenance and repair of the fences installed by Declarant, the cost of snow removal from the driveways and front sidewalks, and the cost of landscaping care; (c) Insurance premiums for all insurance purchased by the Association, as required or authorized by this Restated Declaration and Article VI of the By-laws of Duck Creek Town Home Association; (d) Capital expenses for capital improvements approved by 90% of the unit owners entitled to vote, and the cost of maintenance and repairs to these improvements. (e) Income taxes payable by the Association and corporation fees payable to the Montana Secretary of State. (f) Any other common expense described in this Declaration or the Bylaws of the Association. Expenses for maintenance or repairs due to the misuse or neglect of a unit owner shall be charged to such unit owner. 13. PAYMENT OF WATER AND SEWER CHARGES. All'water and sewer use for each town home is NOT individually metered and the bills for use shall be paid by the Duck Creek Town Home Association. The Association will also pay for water provided to the common areas, as a common expense. 14. COVENANT TO PAY MAINTENANCE ASSESSMENTS. Assessments shall be made by the Association for all common expenses set forth in Section 12 above, or elsewhere in this Declaration, or the Bylaws of the Association. Assessments will begin at the time Declarant closes the sale of the first unit in the project. Thereafter, the obligation to pay assessments for a unit shall start upon completion of that unit. The Declarant, for each completed unit owned by it. and each unit owner, by acceptance of a deed, whether or not it shall be expressed in said deed, is deemed to covenant and agree to pay to the Duck Creek Town Home Association all regular and special assessments made by the Association for common expenses and to waive any right said owner may have, under the laws of the United States or the State of Montana, to claim a homestead exemption for said assessments. Assessments shall not include costs attributable to units under construction, and units not yet built. If a mortgagee or beneficiary of a first trust indenture, or other purchaser obtains title Restated Declaration of Unit Ownership For Duck Creek Town Homes - page 11 H:\96037\003\SK8141.WPD i be parked or stored within the Community, unless such parking or storage is parked in a garage or is authorized in writing by the Executive Board of the Association: Any such oversized vehicle may be parked temporarily (for up to four hours) for loading, delivery of goods or services, or emergency. Overnight parking of these vehicles is prohibited. This restriction shall not apply to trucks or other commercial vehicles temporarily located within the Community which are necessary for construction or for the maintenance of the Common Elements, Units, Limited Common Elements or any Improvement located thereon. No abandoned or inoperable automobiles or vehicles of any kind shall be stored or parked within the Community. In the event that the Association shall determine that a vehicle is abandoned or inoperable, then a written notice describing said vehicle shall be personally mailed to the Unit Owner thereof or shall be conspicuously placed upon the vehicle. If the abandoned or inoperable vehicle is not removed within 72 hours after providing such notice, the Association shall have the right to remove the vehicle, and the owner thereof shall be solely responsible for all towing and storage charges. No activity such as, but not limited to, repair, rebuilding, dismantling, repainting, or servicing of any kind of vehicle, trailer or boat, may be performed or conducted in the Community, unless conducted inside of a garage. Garages and designated parking spaces (designated as a part of a Unit, a Limited Common Element or as a part of Common Elements) are restricted to use for access or as a parking space for vehicles. The conversion or alteration of garages into living areas, storage areas, work shop areas, or any other modification or alteration of the garages which would hinder, preclude or prevent the parking of the number of vehicles for which the garage was originally- designed is prohibited, without the written consent of the Architectural Review Committee and the Association. Parking in fire lanes (as designated by the Association or as designated by local government or a local fire protection authority) shall not be permitted. (j) Restrictions on Structural Alterations and Exterior Improvements. No structural alterations to any Unit or any Common or Limited Common Elements shall be done by any Owner,without the prior written approval of the Architectural Review Committee and Association. No Improvement to the exterior of a building which includes a Unit or to the Common Elements or to any landscaping shall be constructed, erected, placed or installed within the Community unless complete plans and specifications thereto shall have been first submitted to and approved in writing by the Architectural Review Committee and Association. 12. COMMON EXPENSES. All the following Association expenses shall be charged to the unit owners as a common expense, according to each unit owner's percentage of undivided ownership interest in the common elements: (a) Administrative expenses of the Association, including the Association's costs Restated Declaration of Unit Ownership For Duck Creek Town Homes - page 10 HA96037\003\SK8141.WPD adopt rules regarding location and installation of Permitted Antennas, subject to limitations of applicable federal law. Except as allowed by federal statutes and regulation, no exterior television or any other antennae, microwave dish, satellite dish, satellite antenna, satellite earth station or similar device of'any type shall be erected, installed or maintained on a Unit. (h) Nuisances. No nuisance shall be permitted within the Community, nor any use, activity or practice which is the source of unreasonable annoyance or embarrassment to, or which unreasonably offends or disturbs, any Unit Owner or which may unreasonably interfere with the peaceful enjoyment or possession of the proper use of a Unit or Common Element, or any portion of the Community by Unit Owners. Further, hazardous or unsafe activities, unreasonably bright or glaring . lights, loud noises or odors, and no immoral, improper, offensive or unlawful use shall be permitted within the Community or any portion thereof. All valid laws, ordinances and regulations of all governmental bodies having jurisdiction over the Community or a portion thereof shall be observed. As used herein, the term "nuisance" shall not include any activities of Declarant or its assignees which are reasonably necessary to the development and construction of Improvements within this Community; provided, however, that such activities shall not unreasonably interfere with any Unit Owner's use and enjoyment of their Unit, or any Unit Owner's ingress and egress to or from their Unit or a public way. (1) Articles of clothing and furnishing shall not be air-dried using exterior clothes lines nor hung over balconies, such that such articles are visible to residents within the Association. (2) Holiday decoration must be removed or made invisible no later than 30 days after the date of the respective holiday. (i) Vehicular Parking, Storage, and Repair Restrictions and Covenants. Vehicular parking upon the Common Elements and Limited Common Elements shall be regulated by the Executive Board. Each parking area may be subject to designation of individual spaces as a Limited Common Element appurtenant to certain designated Units. Parking designated as visitor or guest parking shall not be used by Owners or their family members residing with them. All other parking spaces shall be used by the Owners for self-service parking purposes on a "first come, first served" basis; provided, however, that no Owner shall park more than one vehicle (owned or leased by such Owner, a member of his or her family or occupant of his or her Unit) on the Common Element parking spaces without the prior written consent of the Executive Board. While any buildings under construction or completed are owned by Declarant, use of the parking spaces adjacent to that building may be restricted to Declarant's use for construction and sales purposes. Oversized vehicles, trailers, camping trailers, boat trailers, hauling trailers, boats or accessories thereto, self-contained motorized recreational vehicles, or other oversized types of vehicles or equipment as prohibited by rule or regulation, may not Restated Declaration of Unit Ownership For Duck Creek Town Homes - page 9 H:\96037\003\SK8141.WPD (c) No bicycles, boats of any kind, sport or recreational equipment, trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber, building materials or any item or personal property or other items found by the Association to be objectionable to the Association shall be permitted to remain exposed upon or within any Unit, or, upon or within the Limited Common Elements, balcony, patio or deck of a Unit, or otherwise, so that the same are visible from any neighboring Unit, or any street. (d) The Association, and its agents, after 30 days notice to the Unit Owner, shall have the authority to enter, replace, maintain, repair and clean up Units which do not conform to the provisions of this Section, and to charge and collect from the Unit Owners thereof all reasonable costs related thereto as an Assessment hereunder. (e) The Board, upon written resolution, shall have the authority to require all Owners to do any act or perform any work involving portions of the Community which are the Owner's maintenance responsibility, which will, in the Board's sole discretion, conserve common utilities. (f) , Restrictions on Animals and Pets. Pets, including cats, dogs, birds, reptiles, or other household animals, hereinafter for brevity termed "animal," may be kept, maintained or harbored in a Unit, if the number of pets is limited to two (2), and if the animal is not a nuisance to other Owners or occupants. No Owner or resident shall maintain any animal which, in the sole discretion of the Board, is considered to be a danger to.the Owners, management staff or occupants in the Community or is otherwise considered to be a dangerous breed, as may be further defined in the Rules and Regulations. If an animal is deemed a nuisance, the Owner or person having control of the animal shall be given a written notice to correct the problem. If not corrected, that Owner, upon a second written notice,will be required to remove the animal from the Community pursuant to, and in accordance with, any dispute resolution procedures as may be set forth in this Declaration or the Rules and Regulations, if any. The written notices provided for in this Section shall be issued by the authorized representative of the Association or, if there is no authorized representative then by one or more of the members of the Executive Board of the Association. Animals may not be kept for any commercial purposes. Animals are not permitted in the recreational areas. When on the Common Elements, animals must be on a leash and under the control of the Owner of the animal. Feces left by animals upon the Common Elements, or in any Unit, must be removed promptly by the owner of the animal or the person responsible for the animal. Animals shall not be allowed to defecate or urinate on any patio or balcony in the Community. Owners shall hold the Association harmless from any claim resulting from any action of their animals. (g) Antennae Restrictions and Covenants. Exterior television, satellite or other antenna are allowed only to the extent expressly permitted under applicable federal statutes or regulations ("Permitted Antennas"). Permitted Antennas shall be installed in the least conspicuous location available on the Unit which permits acceptable signals, without unreasonable delay or increase in the cost of installation, maintenance or use of the Permitted Antenna. The Association may Restated Declaration of Unit Ownership For Duck Creek Town Homes - page 8 H:\96037\003\SK8141.WPD County Assessor, attached hereto as Exhibit F, all property taxes and assessments due on the real property described in Paragraph 3 above are paid as of the date of this declaration. 9. MEMBERSHIP IN DUCK CREEK TOWN HOME ASSOCIATION. Each unit owner shall be a member of Duck Creek Town Home Association. Membership shall be appurtenant to and may not be separated from ownership of a unit. Owners shall be entitled to one vote for each Unit owned. When more than one person owns an interest in any Unit, all such persons shall be members. The vote for such Unit shall be exercised as the owners determine, but in no event shall more than one vote be cast with respect to a single Unit. 10. OWNERSHIP. Each unit, an appurtenant undivided interest in the common elements, the use of limited common elements reserved for that unit and the assessment account for that unit shall be inseparable, and may be conveyed, devised or encumbered only as a whole. Any conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer of an individual unit owner's interest in the common elements shall be void unless the unit to which that interest is attached is also included in the transfer. Each unit owner shall be a fee simple owner of such unit and of an undivided interest in the common elements, subject to the provisions of this Declaration and the By- Laws of the Duck Creek Town Home Association. The undivided interest in the common elements appurtenant to the first twenty-three (23) units shall be 1/23 each. If the project is expanded, the percentage of undivided interest of each town home in the common elements shall be equal to one divided by the total number of completed town homes in the project. 11. USE. The primary use for which each unit is intended is that of a residential dwelling as governed by this Declaration and the provisions of this paragraph. Additional restrictions on use are set forth in the Bylaws of the Association. (a) Unit Owners are responsible for the maintenance, repair and replacement of the Improvements and properties located within their Unit boundaries which are not specifically the obligation of the Association to maintain, replace and keep in good repair, including exteriors of windows and doors of their Unit. (b) Each Unit, at all times, shall be kept well maintained, in good repair and condition, and in a clean, sightly, and wholesome condition. No sign, poster, billboard, advertising device or display of any kind shall be erected or maintained anywhere within the Community except such sign or signs as may be approved in writing by the Executive Board. Restated Declaration of Unit Ownership For Duck Creek Town Homes - page 7 HA96037\003\SK8141.WPD of wood frame construction, seamless steel siding with brick veneer,.concrete foundation, and architectural asphalt shingle roof as shown and described on Exhibits C and C1 . Interior walls will be of sheetrock. There will be one (1) primary floor plan used as certified by the architect per Exhibit 61. That floor plan is shown on attached Exhibits D, D1, E, and E1, and by this reference is included herein. All town homes will be two (2) stories with no basement, and an attached 2 car garage. All town homes will have a similar amount of living space and the live work units will have additional space designated as a den/office as shown on Exhibits C and C1. Rooms designated on Exhibits D and D1 as "multipurpose" shall not be used as bedrooms. If these rooms are utilized as bedrooms and/or closets are constructed, parking in accordance with UDO Section 1846 shall be provided. The dimensions of each unit and the approximate square footage of each unit is indicated on Exhibit A. Developer does reserve the right, to modify or change the plans shown on Exhibits A, B, C, C1, D, D1, E and E1 and to change the location of individual buildings upon the real property described above, without consent of any other owner or any lender. 6. DESCRIPTION OF UNIT. Each town home unit and live work unit consists of the area bounded by the exterior surfaces of the walls of the building, the soil under the concrete floor, the exterior of the roof, and the common wall between the town homes in a building, to the center of the common wall separating the town homes. The land beneath a town home and the land beneath the garage,private driveway,walkways and patios or decks serving only one town home shall be a part of the unit. The driveway, porch, deck or patio, the air conditioning compressor, if any, and the sidewalks serving a single town home are also part of the unit. Utility lines and pipes which serve only one town home shall be a part of the unit from the interior of the unit to the point where they join public utility lines. 7. COMMON ELEMENTS. (a) The general common elements include all unfenced front yard areas, the fences installed by Declarant, and all other elements of the project which serve all units, all subject to each unit owner's right to exclusive use of the limited common elements. (b) Each unit's fenced yard is a limited common element reserved for the use of the single unit served. 8. AGREEMENT OF OWNERS REGARDING PROPERTY TAXES. Pursuant to 15-8-511(1) MCA (2007), all owners of units in Duck Creek Town Homes hereby agree that for purposes of assessing the Duck Creek Town Home property for property taxes, all of the land included in each lot for the Duck Creek Town Home project shall be deemed to be a general common element by the Montana Department of Revenue. This Agreement shall 'run with the land and be binding upon all owners, their heirs, successors and assigns, unless revoked by all owners. Per the certification of the Restated Declaration of Unit Ownership For Duck Creek Town Homes - page 6 H:W6037\003\SK8141.WPD 0 0 (d) The exterior of the building and other improvements upon an expansion lot, except landscaping, must be substantially completed prior to addition of the expansion lot to the Duck Creek Town Home project. To facilitate expansion of the project, Declarant hereby: (e) Reserves an easement over and upon common elements for the purpose of access for constructing additional town homes and common elements. (f) Reserves solely to Declarant the right to grant utility easements reasonably necessary to the ongoing development of the project, without approval of any Unit Owner. (g) Reserves the right to use water and power provided to the above-described property or any town home for construction purposes, provided that Declarant shall reimburse the supplying unit owners for the reasonable cost of such water and power. (h) Reserves the right to amend this Declaration, without approval of any Unit Owner,to create additional general or limited common elements,to provide that the project has been terminated and no further town homes will be constructed, to change the location on an expansion lot of the building, to add a more complete description of expansion town homes, to record additional plats and plans to supplement or modify those included herein, and to amend the percentage of interest in common elements attached to each town home, in accordance with the provisions of this Declaration. Each unit owner, and each holder of a mortgage or trust indenture on a town home, by acceptance of a deed to the town home or by recordation of a mortgage or trust indenture on the.town home, shall be deemed to consent to amendment of this Declaration and to grant unto Baxter Meadows Development, L.P., its successors and assigns, a limited irrevocable power of attorney to amend this Declaration in accordance with this plan of expansion. Recordation of amendments modifying the percentage of interest in common elements attached to each town home shall be deemed a conveyance, transferring title in the common elements in accordance with the amendment. Any liens arising as a result of Declarant's ownership of and construction of additional units shall not attach to the interests of existing Unit Owners or those of first mortgagors of existing units. 5. DESCRIPTION OF PROJECT. The project consists of seven (7) buildings, with two (2) town homes and one (1) building with three (3) town homes in each building. The planned locations of the buildings are shown on the site plan, attached hereto as Exhibits A and B. The buildings shall be Restated Declaration of Unit Ownership For Duck Creek Town Homes - page 5 HA96037\003\SK8141.WPD 0 .area improvements upon said property without the consent of any unit owner, mortgagee, or trustee or beneficiary of any trust indenture. This property is hereafter referred to as the expansion property. Declarant may proceed with expansion subject to the following conditions: (a) Declarant, or its assigns, may add any or all of the expansion lots to the project at any time during the period of Declarant control. Prior to conveyance of the first town home located upon an expansion lot, Declarant shall execute and record an amendment to this Declaration, adding the expansion lot to the provisions of this Declaration and submitting the expansion lot to the provisions of the Montana Unit Ownership Act. The Amendment shall include floor plans for the town homes built upon the expansion lot, and a site plan showing the location of said town homes, if different than the plans attached to this Declaration, and shall set forth a reallocation of the percentage of undivided interest of each unit in the common elements. Upon addition of an expansion lot, the undivided interest of each unit in the common elements shall be equal to one divided by the total number of town homes in the project at that time. (b) From and after the recording date of such amendment, the following consequences shall ensue: (i) The provisions of this Declaration shall be applicable to all of the property included in the Duck Creek Town Home project and to all persons who use the facilities of the project. (ii) The owners of each expansion town home shall have nonexclusive rights to use general common areas to the same extent as the owners of all other completed town homes. (iii) The owners of each new completed expansion town home shall be assessed in accordance with their ownership interest in the common elements. However, no new town home shall be assessed for, nor shall it have any obligation for debts or deficits of the Association in existence at the effective date of the town home's first occupancy. (iv) Each town home shall be treated as a part of the project, developed as a whole from the beginning, except to the extent otherwise provided herein. From and after the date of the amendment, the new town homes shall be treated as though they had been developed, held, occupied and used by the owners as part of a single, undivided project. (c) The buildings on the expansion lots shall be similar in materials, style and quality of construction to the existing buildings. Restated Declaration of Unit Ownership For Duck Creek Town Homes - page 4 HA96037\003\SK8141.WPD provisions, the Period of Declarant Control shall in any case terminate on the date upon which all property subject to annexation to the Community has become a part of the Community and the last Unit within the Community has been conveyed by the Declarant. (1) "Unit" is Unit 1, 2, 5, 6, 7, 8, 11, 12, 13, 14, 17, 18, 19, 22, and 23 of Lots 1, 2 and 3, Block 14, Baxter Meadows Phase 2C and 2D and is further defined in section 6 of this Declaration. (m) "Unit owners or owner" means the person, partnership, LLC or corporation owning a unit, including a contract purchaser if a Notice of Purchaser's Interest is recorded with the Gallatin County Clerk and Recorder, and including co-owners. A lessee of a unit shall not be considered a unit owner, unless as designated by the owner of record, following the procedures set forth in Mont. Code Ann. § 70-23- 102(16). 3. SUBMISSION TO UNIT OWNERSHIP. The purpose of this Declaration is to submit the real property described below and the improvements constructed thereon to the form of ownership and use provided by Chapter 23, Title 70, Montana Code Annotated, hereinafter referred to as the "Montana Unit Ownership Act". The definition of terms in this Declaration and the By-Laws of the Association shall be those definitions used in the Montana Unit Ownership Act, except as otherwise provided above. The real property included within the project, which shall be named"Duck Creek Town Homes", is located in Gallatin County, Montana, is owned in fee simple by the Declarant, and is more particularly described as follows: Lots 1, 29 39 4, Block 14, Baxter Meadows, Phase 2C and 2D, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the Clerk and Recorder of Said County. The provisions of this Declaration and the By-Laws of The Duck Creek Town.Home Association shall be covenants running with the land and shall be binding on all owners, their tenants and guests, for so long as the real property described herein is subject to the provisions of the Montana Unit Ownership Act. 4. EXPANSION AND CONSTRUCTION. Declarant hereby reserves the right unto itself and unto its member of the declarant entity, Baxter Meadows Development, L.P., in Declarant's sole discretion, or that of its assigns, at any time during the Period of Declarant Control to expand the Duck Creek Town Home project by adding any portion of the real property within Baxter Meadows Subdivision north of Equestrian Lane or west of the Spring Ditch, both shown on the attached Exhibit B, to the project, and constructing additional town homes and common Restated Declaration of Unit Ownership For Duck Creek Town Homes - page 3 HA96037\003\SK8141.WPD (b) "Building" means a two (2) or three (3) unit building comprising a part of the Duck Creek Town Home property. (c) "Capital expenses" means the expense of capital improvements to common areas; "capital improvements" are improvements to the common areas not constructed by Declarant. (d) "Common elements" means the general common elements and the limited common elements. (e) "Declaration"means this Declaration of Unit Ownership for Duck Creek Town Homes. (f) "Developer" or "Declarant" is BMKM, LLC, or any person or entity to whom BMKM, LLC transfers or assigns its development rights hereunder. A grant of a deed to a single completed unit by Declarant shall not be deemed a transfer of development rights. (g) "Eligible Mortgage holder" means the holder of a first mortgage or trust indenture on any unit who has requested, in writing, that the Association notify it of any proposed action requiring the consent of a specified percentage of eligible mortgage holders. (h) "General common elements" are defined in Section 6(a) of this Declaration, and include expansion land if that land has been subjected to the provisions of this Declaration. Any portion of the project not identified as part of a unit or as a limited common element shall be a general common element. (i) "Limited common elements" means those common elements designated in this Declaration or by agreement of the unit owners as reserved for the use of fewer than all of the unit owners. (j) "Live work unit' is Unit 3, 4, 9, 10, 15, 16, 20, and 21 of Lots 1, 2 and 3, Block 14, Baxter Meadows, Phase 2C and 2D and is further defined in Section 6 of this Declaration. (k) "Period of Declarant Control'shall mean: (1)the period of time commencing on the date of recordation of this Declaration and expiring on the earlier of seven years thereafter; or (2) 60 days after conveyance of 90% of the Units that may be created or made subject to this Declaration, after conveyance of those Units to Owners other than Declarant, or a builder;or(3)two years after the last conveyance of a Unit by the Declarant or a builder in the ordinary course of business; or (4)two years after any right to annex property was last exercised; provided, however, that if the Period of Declarant Control has not terminated pursuant to the foregoing Restated Declaration of Unit Ownership For Duck Creek Town Homes - page 2 H:\96037\003\SK8141.WPD 0 i After recording return to: Moore, O'Connell & Refling, P.C. P.O. Box 1288 Bozeman, MT 59771-1288 RESTATED DECLARATION OF UNIT OWNERSHIP FOR DUCK CREEK TOWN HOMES BMKM, LLC, a Montana Limited Partnership, of 1500 Poly Drive, Suite 300, Billings, MT 59102(hereafter"Declarant"),owner of all of the lots described below,does hereby make and submit for filing the following Restated Declaration under the Unit Ownership Act of the State of Montana, Section 70-23-101, et seq. Montana Code Annotated. 1. RECITALS. A. This Restated Declaration replaces the Declaration filed on September 22, 2005, as Document No. 2202828, in its entirety. This Restated Declaration also replaces the amendments filed on February 27, 2007, as Document Nos. 2258015, 2258016, and 2258017, in their entireties. The Declaration filed as Document No. 2202828 stated the name of the condominium community as the Baxter Meadows Central Condominiums. The new name of the unit ownership community is the Duck Creek Town Homes. Any future references to the unit ownership community should state the name as the Duck Creek Town Homes. B. Declarant has caused the "Duck Creek Town Home Association, Inc.," a Montana nonprofit corporation, to be incorporated under the laws of the State of Montana, as an owners' association, for the purpose of exercising the functions as herein set forth. 2. DEFINITIONS. In the interpretation of this Declaration and By-Laws of Duck Creek Town Home Association, the following definitions shall apply: (a) "Association" means the Duck Creek Town Home Association, being all the unit owners acting as a group in accordance with this Declaration and duly adopted By-Laws. Restated Declaration of Unit Ownership For Duck Creek Town Homes - page 1 HA96037\003\SK8141.WPD CONDOMINIUM CONVERSION CHECKLIST The 2007 Montana Legislature passed Senate Bill 527 which became law on April 17, 2007 and took effect immediately. The bill requires all condominiums to be reviewed as subdivisions unless certain exempting criteria are satisfied. The final text is as follows: 76-3-203 Exemption for certain condominiums. Condominiums constructed on land subdivided in compliance with Parts 5 and 6 of the Montana Subdivision and Platting Act, or on lots within incorporated cities and towns, are exempt from the provisions of the Montana Subdi-vision and Platting Act if: (1) The approval of the original subdivision of land expressly contemplated the construction of the condominiums and any applicable park dedication requirements in 76-3-621, MCA are complied with; or (2) The condominium proposal is in conformance with applicable local zoning regulations when local zoning regulations are in effect. In order to satisfy the zonin requirements, and therefore qualify for the exemption, ANY proposal to convert an existing building to condominiums must include the following: General Information Yes No N/A 1. Location map,including area within one-half mile of the site and north point indicator 111 ❑ ❑ 2. Boundary line of property with dimensions p ❑ ❑ 3• Date of plan preparation and changes [� ❑ ❑ 4. Suggested scale of 1 inch to 20 feet,but not less than 1 inch to 100 feet D� ❑ ❑ 5. Parcel size(s)in gross acres and square feet i✓ El El 6 Number of units [I-- ❑ ❑ Condominium Conversion Yes No N/A 1. Building History: Narrative and any supporting documentation 21 ❑ ❑ 2. Unit Ownership Act: Demonstrate compliance with all provisions of the Unit Ownership EJ— ❑ ❑ Act, Section 70-23-102 et seq.,MCA and all regulations adopted pursuant thereto. 3. Condominium Association: Bylaws, covenants, conditions and restrictions for the [T ❑ ❑ condominium development. Refer to Chapter 18.72 of the Bozeman Unified Development Ordinance 4. Violations to the Bozeman Municipal Code: Demonstrate that violations have been [']� ❑ ❑ corrected 5. Parkland Dedication: Demonstrate that requirements under Chapter 18.50.020 have been ❑ ❑ met 6. Floor Plans Er ❑ ❑ 7. Site Plan: Including building(s) footprint(s); parking and circulation; existing landscaping � ❑ ❑ and trash enclosure Any changes in signage on the property must be approved by the Bozeman Planning Department. Please submit a Sign Permit Application. Page 3 (Condominium Conversion Checklist—Prepared 7/24/07) i i ClTvief BOZEMAN hone 406-582-2260 DEPA FMENT Or PLANNING AND COiJ17GIUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2263 -�„ 20 East Olive Street. P.O. Box 1230 planningia)bozemon.net Bozeman, Moniano 59771-1230 www.bozemon.net May 23. 2007 All Interested Parties: The 2007 Montana Lerislarure passed Senate Bill 527 wluch became law on April 1%, 2007 and took effect immediately. In order to sausfi- the z�nui requirements as described below- and therefore quahfz- for the exemption, ANY proposed condomnium must: A. Have been lawfullv created and compliant with the zoning in effect at the time of creation. B. Be formally reviewed by the Cin; (even when condomuuumizulg existing development). C. Satisfy the requirements of I I-A0.090. D. Sausi.- the propcm, owner's association documentation requirements of 18.72.020 E. Satisfi- the parkland dedication requirements of 18.50.020. Credit is given for any previous dedications or cash-un-heu provided with previous subdivision of land. Failure to cornnly wid') anv of these items requires the developmenr to gn through full subdivision reVICAV. The final text is as follows (highlights and superscripts are added locally;): "76-3-203. Exemption for certain condominiums. Condominiums constructed on land subdivided in compliance with parts 5 and 6 of this chapter oi'dn�lots tliui�nco 'ozated cities _. �. _ =.,.K. and.towns:are.exernPf from tlne piovisnoiisiof this chapter ' if: w (1) theriappioval ofthe•origuialisubd,vnsion�of�land expresslyconternplated the cora.struction df t11e%condornuuuriis and:anysapphcable;pa�.k5dedicatton.�.egi�ements in�76�;'621 are compliedrwfh or ., (2) the:c6ndomwuuinpioposal�is^in-c,6nfo mance-wail applicable local ontnb xe�aula tons�when local zoning x boiilattons are ari,effect'. The bill requires all condominiums, whether of new construction or of eXisrinr buildings, to be reviewed as subdivisions unless certain exempting criteria are sausaed. 1. The OR conjunction separates requirements in a set and allows an application to be reviewed against only some of a set of criteria. In this case the OR in the first sentence aliouTs any lot within the citt° limits of Bozeman where condominiums are proposed to seel, this exemption from full suDdlvlslon review. Thus applies both to new construction and condominiunuzauon of e:asru7(; st tu rucres. 2. This is not a requirement that the preliminan plat izave specifically noted the use o* lots for future condominiums. The Cin- has designated densities and initial nark dedication based upon zoning requirements. Some condominiums may have been consructed on subdivided lots that exploited the minor subdivision loophol in parkland dedication requirements to avoid dedication of lams with uzF initial subdivision. ;,. Because of the OR conjuncuon between items (1) and (2) onh one of them needs tc be satisfied. All development in Bozeman is required to comply with zoning, therefore, any condominium new or after the fact which compiles with zoning is exempt from complete subcivisior. review. oianning e zonin; suooivision revie, - onnexoto❑ nisrori: aresermion • housing • oront aaministroiion • neighbornood coordination r �� � 6 'ram 13. Is the subject site within an urban renewal district? ❑ 'Yes,answer question 13s ® No,go to question 14 13a.Which urban renewal district? ❑Downtown ❑ Northeast(1`IURD) ❑ forth!'h Avenue 14.Is the subject site within an overlay district? ❑ Yes,answer question 14a ® No,go to question 1i I � 14a.Which Overlay District? ❑Casino ❑ ?neighborhood Consen.ation ❑ Entryway Corridor 113.Will this application require a deviation(s)? ❑ YCS,USE UDC)section(s): ^Q 16.Application Type(please check all ihat apply): ❑0.Planned Unit Development-Concept Plan ❑ N.Sketch Plan for Regulated Activides in Regulated Wetlands ❑P.Planned Unit Development-Preliminary Plan ❑B.Reuse,C:^.ar.,c in Use,Further Development Pre-9./3i91 Site ❑O.Planned Unit Development-Final Plan 1 i ❑C.,Imen imentr`Noditieatinn of Plan Approved(•ln/After'9i3/91 ❑R.Planned Unir Development-Masmr'Pian j ❑1).Reuse,Change nt Use.i'mrher I)cedopmcnt.:lmcntiment ice):1 ❑S.Subdivision Pre-applicatior. ❑F...I;pecial'1"crrpatar;Use Permit ❑'T.Subdivision Preliminary Plat- ❑F.Akctch Plani C()A ❑U.Subdivision Final Plat i 1 ❑G.Sketch MiniCOA with an Intensification of Use ❑1`.Subdivision Esemprion ❑1-1.'Preliminam Ure Plan;CO:1 ❑VXJ..-1nncxarion ❑1.Preliminary Site Plan ❑X.Zontitg lfap{mendmeist I ❑J.Preliminary liaster Site Plan ❑Y.Unified Development Ordinance Text amendment ❑K.(:on&ional Use Pcrrttit ❑Z.20 ring Variance ❑1•.:Coadiiionnl Use permit,/C(-)A ❑Ark.Crou.th Policy Map Amendment I ❑M.Aclmiristrrrivr.P,-)ject Decision.ippeal ❑BB.Growth Policy Text;Amendment i.,7\..administrative Interpretation Appeal Other: Restated Declaration II This application must be accompatued by the appropriate checklist(s),number of plans or plats,adioiner information and matedals,and fee (see Development Review Apjilication Requi-enunts and Ferns). 11te plans or plats must bz drawn to scale on paper not smiler than iw 7.1-ruches or larl,cr than?,T by 36-inches folded into individual sets no larger than 81/by 14-inches. The name of the project must be shown on the cover sheet of the plans. if 3-ring binders will be used,they must include a table of contents and tabbed di-6ders between sections. --�pplicarioa deadlines are Wednesdaxs at 5:00 ptr.. This appGeadon must be sip,ed by both tht applicant(s) and the property owner(s)(if different)before the submitral will be accepted: M indicated by the signwtire(s) below, the applicant(s) and property owners), submit this application for rev,cu under the reams and provisions of the Bozcrwn Municipal Code. 1t is further indicated that any work underuken to complete a development approved by the 6tv of Bozeman shall tie in conformance with the requirements of the Bozeman Municipal Cdde and ang special conditions established hr the aoprowi authortn.I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project.Furthea,.I agree to grant City pensonnel and other reN7ew agency representatives access to the subject site during the course of the review process (Section 18.64.0301.BMC). I:(CG'e)herebi-certain that the Awe infornrtion i.;true and correct to the best of my(our)knoa4edge. Applicant's Signature: I Date: d� I Applicant's Signature: Date: I : Property Owner's Signature: di. Date: PO iell Property Owner's Signature: Date: i Page 2 (Develdpment Review Application-Prepared 11/25/03;Amended 9117/04,5{1/06) ` � / � � . _ ! , r • r � .. • ;t..• .. i �... i _ .� " �_�.,r 1 s k� CITY OF EOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT SIM Allred M.Stiff Profess'tonol Building phone 406-582-2260 20 East Olive Street fox 406-582-2263 P.O- Box 1230 planning@bozemon.net Bozeman,Montano 59771-1230 www.bozemon.net DEVELOPMENT REVIEW APPLICATION v 1.Name of Project/Development: OQ� j 2.Property Owner Information: pRTMENIO pEVELOPMENT Name: BMIMI, LLC E-mail:Address: p 0 COMM1fN1TV l a Montar_a Limited Partnership llaiiirtgAddress: 15.00 Poly Drive � Billings, MT 59102 Phone: 1-406-896-4910 FAX: 1-406-8964911 3.Applicant Information: i } \•ame: Same as above F,mail:Address: i Mailing Address: I j Phone: FA\: 1 4.Representative Information: Name: Cindy E. Younkin l"-mail Address: 11 Mailing Address: P.O. Box 128$ Bozeman, MT 59771-1288 I ?'hone: 1-406-587-5511 F<13s: 1-406-587-9079 S 5.Legal Description: Lots 1, 2, 3, 4, Block 14, Baxter Meadows, Phase 2C2D 6.StreetAdd.ress: Corner. of Equestrian Lane & Gallatin Green Blvd, Baxter Meadows Ba�etraa, 1>ST — ' 7. Project Description: Restated Declaration for Duck Creek Town Homes originally filed/ l recorded for Baxter Meadows Central Condominiums, Doc # 2202828 records of Gallatin County, Montana on 2-27-2007 i —! Medium Density same condos/town homes 8.Zoning Desi;nation(s): Current Land Use(s): rk u ac' B 16.Bozeman 2020 Community Plan Designation: � 4. Los total. coV,�,ined " 11.Gross Area: tacres:l.4858 aware.Feel:67,724 1 12.Nei Area: Acres:].4858 Square Feet 67.724 Page 1 Appropriate Review Fee Submitted ❑ J 1 _ e • � x I r I� I %' •!'f''4 h..r Or dtrl(q +4y� I v 1 O Q I D I ',[cr]. — sup"stW a. n. Iets �•,rF r t+ � ,. 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SS q ry _f�[OFP . 1/a;1v County of Gallatin A 4,. ° N:rr -------------------- being duly sworn, deposes and says: That S he is Q y`,�Z CAM of the Bozeman Daily Chronicle; a newspaper of general circulation, printed and published Bozeman, Gallatin County, Mont and that the notice here unto annexed has been correctly published in the regular and entire issue of every number of said paper for censece- �G , the first of which publication was made on the day of - 20 and the last on the day of Subscrib and sworn to before me this 7'`- . day of 20 os' Notary Public for the State of Montana, residing at Bozeman,Montana. �� to D4 BOZEMAN DAILY CHRONICLE, Sunday, October 2, 2005 MARKETS a Caterpil s 190111 58.75 -.17 GenDyn 33143 u119.55 49 MeridRes 58622 4.17 +.31 SaraLee 116159. 18.95 +.22 ,r FuelCell 29027 10.97 +.62 Oualcom 656444 u44.75 -.01 New York stocks Celestic g 46744 11.31 -.14 GenElec 1012613 33.67 +.27 MerrillLyn 170501 61.35 +1.70 SchergPI 297979 21.05 +.80 NASDAQ I Rrmdia 56288 +.04 RF MicD '285222 5.65 -.05 Cemex 198597 52.30 +.99 GnGrthPrp 57706 44.93 +1.77 MetLife 89875 49.83 +1.26 Schlmb 183005 84.38 +1.43 NEWYORK(AP) -Weeklyroundupfor Garmin 65158 u67.83 +5.60 NEWYORK(AP)-Weeklyroundupfor Cendant 209350 20.64 -.12 GenMills 90628 48.20 +2.19 MexicoFd 1616 u28.44 +.88 Schwab 241675 14.43 +.28 over-the-counter stocks. Genera 43255 1.92 +.02 RSA Sec 60470 12.71 49 New York stock exchange Issues. Centeno s 63022 25.03 .-3.29 GnMotr 252650 30.61 -.46 MichStr s 61877 33.06 +.68 SciAtlanta 62686 37.51 +.91 Genel-Tc 86627 .64 +.12 Rambus 99676 12.10 +.86 CenterPnt 83723 14.87 +.54 Genworth 277795 32.24 +1.74 MicronT 748073 u13.30 +1.15 ScoItPW 10706 40.24 -.41 V°t(1°°s) last Chg GenesMcr 45334 21.95 +.05 RealNwk 43703 5.71 +.10 Centex 86403 64.58 +.75 GaPacif 67918 34.06 +.18 MitsuTkyo x127209 u13.03 +2.00 Genta 182003 1.50 -.11 RedHat 713310 u21.19 +4.96 SeagateT. 190430 15.85 +.72 A-B-C Vot(10os) Last Chg CntryTel 50222 34.98 +1.42 GerFd 1472 8.65 +.23 MittalStl 45937 28.80 =.96 Seagat If 90430 5.85 -.29 - ADC Tel rs 1 A-B- 22.86 - +.29 Genzyme 89752 71.64 +2.12 - Redback -62368 9.92 -.56 Corte x51599 40.02 -.05 Gillette 201541 u58.20 +3.35 MobileTel s 55805 u40.68 +.88 GileadSci 164188 u48.76 +2.73 Rntrak 1316 9.50 -.02 ShawGp 48032 u24.66 +.12 ASML Hid 96264 16.51 +.40 A-B Chmp 47314 14.78 +.36 Glamis 59082 22.10 +1.10 Monsnto 176043 62.75 +2.76 GlacrBcp s 3339 30.87 +.08 RschMotn 708190 68.30 -10.36 ABB Ltd 58243 7.36 +.17 Chemed s 6083 43.34 +1.21 GlaxoSKln 47509 51.28 -+.61 Montpelr 'x96286 24.85 -.04 Sherwin 59359 44.07 +.07 ATI Tech 192542 13.94 +.35 Globllnd 75552 u14.74 +.94 ResConn s 47745 u29.63 +.15 ACE Ltd x75717 47.07 +1.42 Chemtura 73266 12.42 +.36 GlobCash n 44814 d14.10 -.86 Moodys s 50485 51.08 +1.65 ShopKc, 34021 25.52 +.47 Aastrom 48759 2.35 GIN ePnt 46816 4.72 -1.06 AES Cp If 130957 16.43 +1.60 ChesEng x483811 u38.25 +3.08 GlobalSFe x137067 45.62 +.74 MorgStan 256277 53.94 +2.00 Shurgard 13216 55.87 +2.77 Abgenix 87998 12.68 +1.20 G000le 390047 u316.46 +1.10 RightNow 9633 14.72 +.20 AFLAC 64855 45.30 +.89 Chevron 340996 u64.73 +1.46 GoldFLtd 109153 14.53 +1.14 MS Asia 5966 14.72 +.57 SierraHS 22853 68.87 +1.62 ActPwr 43254 4.13 +.63 H-1-i SafeNeRossStrs 75210 36.31 +.76 AGCO 68862 18.20 -•92 Chicos s 91377 36.80 +2.99 Goldcrp g 180964 20.04 +.43 Motorola 766329 22.03 -.76 SierrPac 48098 14.85 +.26 Activisn s 84930 20.45 +.47 SafeNet 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Todco 154926 u41.71 +8.05 ChkPoint 97537 24.32 +1.13 Verisi n 401250 21.37 -.04 AstraZen 47541 47.10 +.17 MediCo 43010 d23.01 +1.70 9 DukeE 169768 29.17 +1.03 JohnJn 293673 63.28 -.71 PetrbrsA 58610 u63.75 +.83 TollBross. 191507 44.67 +1.25 Cheesecks 39770 31.24 -.55 ATMOS 19405 84.21 .22 9Y TorchEn 1196 6.87 +.06 Chiron 67458 43.65 +.18 Mernry 130858 2.71 +.89 VersoTch 115976 .37 06 AtwdOcn 9405 84.21 +2.25 DugLight 20488 17.21 19 JohnsnCtl 44988 62.05 +1.03 Petrobrs 107336 u71.49 +.67 Mercerintl 4299 8.27 -.28 VertxPh 89793 u22.35 +3.39 D ne Pfizer 1207716 24.97 +.10 Transom 216527 61.31 +1.56 CienaCp 995259 2.64 +.39 AutoNatn 50624 19.97 -.08 Y 9y 84177 4.71 +.23 K-L Merclntrlf 125726 39.60 +3.12 ViroPhrm 111258 u20.60 +2.76 AutoData 91456 43.04 +.97 E-F PhelpD 158901 of29.93 +7.09 TriadH 59735 45.27 -.91 Cintas 53052 41.05 +1.94 Microchp 72615 30.12 +1.15 AutoZone 74988 83.25 -4.81 K2 Inc 16624 d11.40 -.11 Pier 1 48810 d11.27 -.11 Tribune 123839 d33.89 -2.10 Cirrus 28702 7.59 +.47 Mcromse 57767 u7.88 +1.04 VistaPrt n 53455 ud15.25 Avaya 143937 10.30 +.88 ETrade 188736 u17.60 +1.20 KB Homes 133074 73.20 80 PikeElec n 121746 u18.73 +.85 Tycolntl x391244 27.85 .98 Cisco 2699431 17.92 -.13 Microsoft 2954119 25.73 +.46 Vitesse 482171 d1.87 -.17 EMC Cp 812528 12.94 +.29 Kellogg 90190 u46.13 +2.07 PlnWst 20763 44.08 +.06 Tyson 62244 18.05 +.37 CitrixSy 58234 25.14 +1.48 W-x Avista 4305 19.40 +.72 y MillCell 48655 72.04 +1.24 Avon 264305 d27.00 -.35 EOG Res s 127897 u74.9D +2.46 KerrMcG 67913 97.11 +4.22 ploNtrl x57262 u54.92 +1.67 Cogent 42184 23.75 -.29 EstANG 494 31.25. +1.08 Keycorp _ 94891 32.25 +.25 PiperJaf 4536 29.86 +.45 U-V CogTech 66424 46.59 +2.18 MillCell 59921 9.33 +.08 WebMD s n 11059 u16.75 +3.04 BB&T Cp 69381 34.05 -.56 EKodak 215378 24.33 -1.18 KimbClk 81515 d59.53 -1.22 MillerHe 120921 0.33 +.15 W¢bMD 311059 u11.06 +.40 BHP BiIILt 69381 u34.18 +1.60 PlumCr 154103 17.91 +.23 US Airwy n 144463 ud21.01 Cognos g 53763 25.22 +1.20 MillerHer 20932 30.30 +.55 BJ Svcs s 172988 u35.99 +1.51 Edisonlnt x88744 u47.28 +2.17 KingPhrm 84503 15.38 +.44 plumCrk 34103 37.91 +.63 vjUSG 44463 u68.72 +7.47 CldwtrCr s 53763 25.22 -1.40 MityEnt 14 u17.11 -.49 WebMD n 45383 ud24.50 7 BMC Sit 72793 21.10 +.70 EdwLfSci 12045 44.41 +1.09 Kinross g If 80435 7.68 +.42 Potltch 13974 52.12 -1.18 UST Inc 48447 '41.86 +1.39 ColeyPhm n 45268 18.20 +2.12 Momenta 49695 27.25 91 WetSeal 45383 4.50 +.27 BP PLC 146753 70.85 +.37 Edwards 18302 43.81 +.04 Kohls 147170 50.18 +1.18 Praxair 76290 47.93 +1.01 tlnlonPaC 70738 u71.70 +1.87 Comcast 433747 29.38 +.39 MnstrWw 60374 30.71 +.96 WholeFd 37784 134.45 +5.58 Bairnco 753 70.85 -,27 ElPasbCp 371986 u13.90 +1.16 KoreaElc 69519 17.71 +1.28 precDrll s 44461 49.20 +1.14 Unisys 60838 6.64 +.08 Come sp 326913 28.78 +.32 MovieGal 111075 d10.39 -2.43 Wynn 62872 45.15 -.08 BakrHu 116584 59.68 +.51 Elan 352304 8.86 +.91 Kraft 85543 30.59 +1.06 Pridelntl 177300 u28.51 +2.16 UDomR 26546 23.70 +.40 Compuwre 186763 9.50 +.10 XM Sat 158120 35.91 +1.48 BkofAm 736746 d42.10 -•13 EDS 123933 22.44 +.54 KrspKrm If 40917 6.26 +.20 PrinFncl 45111 47.37 +.63 UtdMicro 294896 3.60 +.30 Comers 64177 26.27 +1.12 H-D-P X-Rite 2333 12.40 +.65 BkNY 135538 29.41 _,S1 EmrsnEl 105258 u71.80 +2.19 Kroger 161247 20.59 +.21 ProctGam 524478 u59.46 +2.72 UPS B 113966 69.13 +.76 Conexant 558363 1.79 -.05 NABI Bio 59846 13.10 -•40 Minx 226623 27.85 +1.07 BamNbl s 31312 37.70 +1.00 Emulex 86894 20.21 +.07 LSI Log 16611Q 9.85 +.57 ProgrssEn 34372 44.75 +1.26 US Bancr x219896 28.08 •.71 CorinthC 45570 13,27 +.28 NETgear 45158 u24.06 -.26 - BarrickG 148724 29.05 +.37 EnCana s 183133 u58.31 +3.96 LVSands n 56754 32.91 +.53 ProgCp 66022 u104.77 -2.15 USSteel p 117086 42.35 q0 Cbstco 138196 43.09 +.27 NGAS Rs 231989 u13.90 +3.87 Y-z Barter 48723 39.05 -.08 EndurSpec 51497 34.11 +1.98 LearCorp 67224 33.97 +.95 proLogis 89282 44.31 +.57 UtdTech s 152443 51.35 +.14 Craylnc 46737 .92 -.01 , NTL Inc 42252 66.80 +4.79 Energen s 16616 u43.26 +2.54 LeggPlat 73870 20.20 -.11 Providian 117706 17.68 -.42 CredS s 75613 7.99 +.19 Nasd100Tr 3955859 39.46 +.71 Yahoo 745538 33.84 +1.71 BearSt 69100 u109.75 +5.67 Y YellowRd 81185 d41.42 +1.10 BearingP If 87282 7.59 -•15 Energizer 45015 56.70 -1.21 Let 33 25.47 +.05 Prudentl 104221 67.56 +2.20 Utdhlth s 278401 u56.20 +1.20 Cree Inc 48034 25.02 +.78 NashF 3366 42.19 +1.85 BeazrHm s 55391 58.67 +1.87 EngyPrt 49512 u31.22 +1.20 LehmBr 104829 u116.48 +2.43 PSEG 49307 64.36 +.63 Univision 71667 26.53 +.41 CubistPh 46296 u21.54 +1.99 NektarTh 116327 16.95 +.62 ZhoneTch 49840 2.61 +.08 BeckCoul 24906 53.98 -•59 ENSCO 194997 u46.59 +5.13 LennarA 177805 59.76 +3.36 PugetEngy 14930 23.48 +.71 UnumProv 77656 20.50' +.71 CuronMed 50403 .40 -.06 Netease 96669 u90.01 +7.24 Zoran 74748 14.30 -.88 BellSouth 245000 26.30 +.35 Entergy 61784 74.32 +2.32 Lexmark 63758 61.05 -.42 PulteH s 132266 42.92 -.44 ValeroE 413939 ul13.06 +2.29 (yprsBio 365918 d5.41 -7.56 Nefflix 79819 u25.99 +1.82 Bemis 45000 24.30 +.13 EgOffPT x99728 32.71 +.64 LibtyMA 324172 8.05 -.01 PutHilnBd 2024 7.71 +.02 VerizonCm 403774 32.69 +.53 CytRx 51142 .97 +.09 NetwkAp 170224 23.74 -.55 American Bemis A 24345z3250 200.00-500.00 EgtyRsd 63137 37.85 +.62 LibtProp x63892 42.54 +1.45 t]-R ViacomB 248905 33.01 -.35 Me 58952 26.85 +98 NextlPrt _ .90646 25.10 +.17 BerkH B 669 2731.00 -21.75 EsteeLdr 139015 d34.83 . -.57 LillyEli 197898 53.52 -.27 Vishay 51067 11.95 +.11 D-E-F NorTrst 45156 50.55 +1.69 NEW YORK(AP)-Weekly roundup for BerryP 5960 66.69 +4.27 Exelon 203217 53.44 +.04 Limited 92442 20.43 +.25 puanex s 27848 u66.22 +4.99 Visteon If 58332 9.78 +.73 DRDGOLD 177503 1.36 07 NvtIWrIS 67754 14.47 -.43 American stocks. BestBuys x224960 66.69 +.69 ExxonMbl 852943 63.54 -.29 .LionsGtg 112350 9.54 -.19 OstDiags 49428 50.54 -.19 Vodafone 124099 25.97 -.74 DRDG 177503 34.38 +.11 Novavax 106709 1.75 +.12 FMC Tch 45162 u42.11 +3.03 LockhdM 86305 61.04 -.25 OksIvRes s 44532 u47.79 +5.24 Novell 353130 7.45 +.50 Vol(t00s) Last Chg Beverly 67900 12.25 .07 FPL G s 101862 u47.60 +2.37 LaPac '57918 27.69 +.20 puiksilvr s 56271 14.45 -.01 W-x Depomed 44125 u6.48 +.57 BlockH 7900 u43.37 +1.21 p DiamClust 63918 d7.58 -1.36 Noven 143842 25.00 +.01 pbraxas 181868 u7.93 +2.23 BlockHR s 93823 23.98 +.28 FaimhldS 115392 14.86 62 LowesCos 191025 64.40 99 OwestCm 237336 4.10 +.26 WMS 12644 28.13 17 Di River 42284 34.85 -.53 Noven 43842 d14.00 -1.16 AmOrBio n 100909 4.55 +.29 Blockbstr 166324 4.75 +.25 FamDlr 121155 d19.87 +.09 Lucent 2429820 3.25 +.16 RPM 22814 18.40 +.67 Wachovia 186509 47.59 -.13 DiscHldAn 95722 14.43 ..20 Nvidia 176854 u34.28 +1.57 gemaGold 236298 2.69 15 Boeing 217401 67.95 +4.75 FannieM If 500655 d44.82 -1.68 Luxottica 6249 u24.91 +.18 RadioShk 57292 24.80 +.65 WalMart - 785063 43.82 +.62 OSI Phrm 137715 29.24 -.11 BostonSci 229027 d23.37 -.9g FedExCp 101168 87.13 +4.03 Lyondell 87146 26.62 +1.28 RangeRsc 64718 u38.61 +3.43 Walgrn 304520 43.45 +.94 DobsonCm 75488 u7.68 ++.13 OmniEnr 461383 u3.96 +.92 CanArgo 178797 u1.89 09 Bowatr 49255 d28.27 -.49 FedSignl 12842 17.09 -.18 M-H Raytheon x74318 38.02 +1.00 Walterind 43865 48.92 +2.27 OmniVisn 67424 12.62 +.19 Crystallx g 236119 1.57 -.13 FedrDS 135444 66.87 +.68 RegionsFn 52902 d31.12 -.64 DIIrTree 48787 d21.65 -•29 OnSmcnd 129824 5.15 DJIA Diann 333151 105.75 +1.65 BoydsC h 4362 d.70 -.15 FidINFn s 67159 44.52 +1.38 MBIA 62666 60.62 +3.41 ReliantEn 239181 u15.44 +1.17 WA Mull 223549 39.22 -1.24 DynMatl 57539 43.90 +3.74 BrMySq 247726 24.06 -.14 MBNA 332665 24.64 -.04 WsteMlnc 81916 28.61 +.54 eBa s 786914 41.20 +2.42 OpnwvSy 73322 17.98 -1.15 EagleBbnd 98843 .17 +.02 FirstData x146131 40.00 57 RenaisRe 65416 43.73 -1.96 Y Oracle 2387706 12.40 -.05 GoldStr g 95446 3.34 -.24 Bruns 4919 51.72 +.52 FstMarb 190473 d25.40 -1.25 MDU Res 16946 u35.65 +1.14 RiteAid 148717 3.88 -.12 WatsnPh 49559 u36.61 +2.02 eResrch 59099 14.19 13 Oscient 59637 2.12 +.10 Brunswick 74919 d37.73 68 FirstEn y 88486 52.12 +1.59 MEMC 152705 u22.79 +2.85 Rowan 188798 35.49 37 Weathtlnt 84403 68.66 02 ErthLink 50934 10.70 +.19 GreyWolf 164104 u8.43 +.42 BungeLt 50581 52.62 -1.87 g MFA Mt 51693 d6.13 +.01 Wellchce 123854 u75.90 +5.29 EchoStar 115142 29.57 +.55 PF C Sr 10510 d44.83 -.56 Harken 146473 .79 +.05 FleetEn i 63312 12.30 -.45 0 RylCarboyDSh 54744 65.64 +.44 PMC Sra 253740 6.81 +.03 BurINSF 0330 38.04 +.79 FleetEn 63312 12.30 .45 MGM 9980 6.25 09 RoyDShAn 54744 65.64 +.85 WeIlPoints 174742 75.82 +1.08 ElectArts 130732 56.89 -1.31 pacSunwr 53742 21.44 _.4P H°meSol 181485 4.93 -.31 BurINSF 110330 u59.80 +1.92 FootLockr 44711 21.94 +.73 MGMMirs 99980 43.77 -.06 RubyTues 43987 d21.76 -.23 WellsFrgo 228981 58.57 -.40 EndoPhrm 69669 26.67 -2.14 Palm Inc 140852 28.33 -.36 iShBrazil 81486 u33.32 +.72 BurlRsc 150971 u81.32 +3.82 FordM 462034 9.86 +.07 Marathon 129337 68.93 +.36 Russell 18227 14.04 +.86 Wendys 53698 45.15 -.34 EndWve 150519 d12.90 -13.08 PanASly 50125 17.66 +.72 iS�9�n 1275827 u12.19 +.47 C-D Fdg1CT gs x87680 42.57 +2.95 MarintA 59841 63.0g�I .15 Ryland s 51113 61,42 +1.17 WDigitl 141114 12,13 +.30 EngyC 65693 u44.88 +4.40 Panacos 45493 9.74 +.44 i n 105952 11.71 +.51 CF Inds n 63556 14.81 ForestLab 195488 38.97 -3.68 MarshM 107462 30.{ '�99 S T • Weyerh , 57320 68.75 +1.00 EngSi 51607 41.04 16 ParmTc 92220 6.97 +.37 i�r//kt s 82909 u84.88 +2.45 CIGNA 44563 u117.86 +3.a ForestOil 48502 52.10 +.96 MStewrt 45399 25.0 ..96 Whrlpl 34258 75.77 +2.63 Ericsn 85436 36.84 +1.68 PartyCty 42351 u16.92 +4.30 iSh tAFE s 131993 u58.10 +1.30 CITGp 60058 45.18 -.75 FtDear 441 14.74 -.01 Masco 147443 30.68 +.92 SAP AG 49239 43.33 +1.43 Whitehall) 48094 +11.69 +.70 Euronet 51653 29.59 -1.04 PattUTI 134397 u36.08 +3.11 iShRs2000s1221331 66.39 +1.21 CMS Eng 70807 16.45 +.66 FortuneBr 35472 81.33 -.86 MassCp 322 28.00 -.50 SBC Com 535473 23.97 +.20 _ WhitingPet 55783 43.84 30- EvrgrSlr 131225 u9.33 +1.45 paychex 245754 u37.09 +4.11 iShREst s- 110627 64.27 +1.57 CSX 68437 u46.48 +1.93 Fred Mac-- 217383 d56.46 - +.46 MasseyEn -- 111192 r�-51.07 -•1.36 -SK Tlcm --- 55283 21.84 +.99 „ Wmscos. 192526 25.05- +1.82 Explmia n 82920 r':u7.20, +1 80 .,PnnNGM s 52812 31.11� -.11 Nabors 84239 u71.83 +2.71 Mattel x89704 16.18 +.11 SLM cro .17242 17.28 WmsSoo2.. 58338 58.35,i',+1.30 h;EkpScript s "'56605,r 62.20 +2:53 PtrogstE 62801 _. 10.44, +.40 OiISvHT x273830 u124.00 +4.03 `i�''' CVS Cps` 202329 29.01 +.53 -FMCG 203548 -u48.59 +2.83 Mattel " 89704 17.11_ +.11- - STMiCp 5�1242 53.64 '.+.99 - CablvsnNY 58208 30.67 6338:. ,4.41;r+,02 22952 21.76 +.47.-_, Freescale 62690 23.41 +.18 - 4.3r- 15 SabreHold 51244 20.2 +1.12 WIIhsGp,�;, x48914 3755 +.43 PetsMart 1 FriedBR -'.x88119 �:.10.11 +.18 Maxtor 108396 $$ , r� cn.€xtndF P 31032 d.45• 11- Cadence 78989 16.16 McCorm 52840' 32. 52 Safeway 103349 u25.60 +.84 Wyeth 174776 4627 +.82 PhnxTc 6359 .,7.6T +.17 FrbntOil s x81591 44.35 +1.05 ExtNe 77780 4.45 +.02 POI cam 87886 16.17 x229982 92.84 +.72 Calgon 7510 7.90 McDnlds 378873 33. 85 StJude s 74493 46.80 +.72 XL Cap 44346 68.03 •1.19 E etec 150956 17.96 +.16 Y y 884056 36.94 +.74 Calpine 593441 2.59 +. G-H McGrwH s 56614 48.04 +.59 StPaulTrav 170112 44.87 +2.12 gxTO Egy s x217768 u45.32 +2.82 F5 Netw 43102 43.47 -1.04 Power-One 43495' 5.54 +1.06 CampSp 50352 29.75 +.61 GabelliET 22513 8.35 -.53 McKesson 68215 47.45 +1.66 Saks if 71828 18.50 +.o5 XcelEngy x51367 19.61 +.10 FitthThird x141079 d36.75 •.44 Powrwav 132548 u12.99 +.49 SPDR 3008478 123.04 +1.60 CdnNRs gs 58834 45.19 +1.17 Gallaher 972 62.09 -.21 McAfee 72486 31.42 +.82 Salesforce 54786 23.12 -.01 Xerox 170344 13.65 -.13 Finisar 168121 1.37 -•01 PraecisP 84017 d.47 -.09 SP Mid 121524 130.92 +3.07 CapOne 138378 79.52 • -.34 GameStp 65936 31.47 -2.33 MedcoHlth 91445 u54.83 +2.34 SalEMlnc2 3773 13.59 08 Fisery 60202 45.87 +1.60 PrlmusT 77222 1.02 -.01 SP Matls 143997 27.50 +.42 CardIHit 67173 21.80 +1.15 Gannett 55669 68.83 +.34 Medicis x87280 32.56 -1.43 SalmSBF 12125 14.08 +.19 888 Flextrn 206231 12.85 +.35 ProtDsg 55791 2800 +01 SPEngy 309207 29.52 +1.11 CaremkRh 1x7945934308 u63.44 +1.55 Gap 198768 17.43 +.33 Medtrnic 216251 53.62 -2.19 SJuanB A0042 48.80 +2.60 Yorkln 15888 56.07 +.15 FLYi 75543 .26 -.04 t)-R-S SP Fncl 309207 29.52 +.17 CaremkRx 134308 u49.93 +.78 Gateway 107682 2.70 +.11 MellonFnc 79614 31.97 +.09 Sanofi 56724 41.55 +1.32 YumBrds 83692 48.41 -.53 Fonar 105564 1.08 +.03 OLT 76315 d7.67 +.71 Tengsco 108424 u.49 +.18 Carnival 119493 49.98 +.35 Genentch 353049 84.21 -1.62 Merck 441169 27.21 -.41 SFeEnTr 957 43.26 +1.96 Zimmer 97969 68.89 -1.78 Foundry 56517 12.70 +.35 Ologic 72064 34.20, +1.25 UltraPtgs 102033 u56.88 +7.08 RE-NOTICE OF PUBLIC HEARINGS NOTICE OF A PUBLIC HEARING FOR A ZONE MAP AMENDMENT FOR AN AMMENDMENT TO A MINOR SUBDIVISION An application has been submitted that would amend the City of Bozeman Zoning Map to establish an initial municipal zoning designa- An application has been submitted that would allow an amendment to Minor Subdivision#340 to allow access onto Nan on lands being considered for annexation,located southwest of Boylan Road,north of Commercial Drive,and east of the East Gallatin ,� „ Cottonwood Road over an existing one foot no access strip",on a lot located at 642 Cottonwood Road. River. The purpose of the public hearings is to consider a Zone Map Amendment application requested by the property owner Roberta Moche, The purpose of the public hearing is to consider the application as submitted by the property owners/applicants,First 4353 Pahoa Avenue,Honolulu,HI 96816,and represented by C&H Engineering&Surveying,Inc,205 Edelweiss Drive,Bozeman,MT Security Bank,P.O.Box 910,Bozeman,MT 59771,represented by Think One,101 East Main Street,Studio One, 59718,pursuant to Chapter 18.70 of the Bozeman Unified Development Ordinance. Bozeman,MT 59715,pursuant to the Bozeman Unified Development Ordinance. Said application would establish an initial municipal zoning designation and to annex to the corporate limits of the City of Bozeman as The property is legally described as Lot 5 of Minor Subdivision#340,located in the SW V4 of Section 10,T2S,R5E, I M•1",Light Manufacturing District on-12 acres located on property described as COS 885 located in the Northeast One-Quarter of Sec- tion 31,TIS,R6E,P.M.M.,Gallatin County,Montana. P.M.M.,Gallatin County,Montana.The zoning designation for said property is BP(Business Park District). PUBLIC HEARING PUBLIC HEARING Pt JB IC HEARING BOZEMAN ZONING COMMISSION BOZEMAN CITY COMMISSION CITY COMMISSION Tuesday,October 18,2005 Monday,November 7,2005 Monday,10/17/2005 7:00 p.m. 7:00 p.m. 7 pm Commission Meeting Room Community Room Community Meeting Room . ' City Hall Gallatin County Courthouse Gallatin County Courthouse 411 East Main Street 311 West Main Street 1 311 West Main Street : Bozeman,Montana Bozeman,Montana B-11 Bozeman,Montana as . R 4 0qq- -p The City invites the public to comment in writing and to attend public hearings.Written `� rta The City invites the public to comment in writing and will hear public testimony at the public hearings.Writ- a comments may be directed to the City of Bozeman Department of Planning and Community 6ilSYYYiAl2ik+ re FALLOra ten comments may be d rected to the City of Bozeman Department of Planning and Community Develop- B Development,P.O.Box 1230,Bozeman,MT 59771-1230.Maps and related data regarding this M1 z. s ment,P.O.Box 1230,Bozeman,MT 59771-1230.Maps and related data regarding this application may be �j application may be reviewed in the City of Bozeman Department of Planning and Community �111 °'°"� @' reviewed in the City of Bozeman Department of Planning and Community Development,Alfred M.Stiff C� B¢ Development,Alfred M.Stiff Professional Building,20 East Olive Street,582-2260.For those a eci - Professional Building,20 East Olive Street,582-2260.For those who require accommodations for disabilities, %b„ n please contact Ron Brey,City of Bozeman ADA Coordinator,582-2306(voice),582-2301(TDD). HUFFINE R.P nv who require accommodations for disabilities,please contact Ron Brey,City of Bozeman ADA Raw #Z-05200 Moche ZMA Coordinator,582-2306(voice),582-2301(TDD). . A First Security Bank Minor Subdivision Amended Preliminary Plat,#P-05040 Interim Healthcare of Wyoming, Inc. 1stAnnual A leading home healthcare company in Casper, Wyoming FrtoywLk • 7 has been acquired by , blizzard Software Corporation abenefitfor � �3 ✓ a NASDAQ firm Johnson Fabrication F r Cancer S port Saturday, October 22 2005 at 6:00 m. An exclusive manufacturer/supplier of a Registered Genuine y� p' Accessoryfor Harley Davidson Riverside Country Club • 2500 Springhill Road - has been acquired by ` Q' '_ �� ��' � Knick Machining, Inc. � /� - g�{,' aa�,y dO cer Sh Ivor ■ Sh ■ �LRIwfi1.filIti rl Y of Bozeman, MT the undersigned negotiated and concluded both transactions $150 per person or$7200 Silent and Live Auction per table of 8 No host cocktails - Hors d'oeuvres $100 of each ticket goes directly to ileCenterforcancerSupport as Sumptuous winner Dessert your tax deductible,charitable gift. Sp TQRTIAIIC rry - -I Fa+1&$ Merger & Acquisition Intermediaries ,. Cnrorl[cle ­ ��­ �: i 1 f f f f f T t f !: , �0116,�, _,- Bozeman, Missoula & affiliates globally t „ nTNr- r i l. ► f ,.. 11 fL f �, www.comss-Advisors.net t ' � ^ :+. •'.� � .., ,u ,. .,; w':..:r: :. „ , ...». . ,.,.:: ., ,w :.LL ...µ.+,.,...µw-+,-��: ....mw,.,444,:».I.�:�..w,.::..w4,_. w._11..u»�...w�,,,..�..,µ....�,,.� .»,ww".._,ww..s..»,.�.,..�«,. _, _, ,.... -,:..-,.�..�.«p...•.�..,...,....,.. .. _, , e�. t 1 ,. ./ Y BOZEMAN DAILY CHRONICLE, Sunday, October 2, 2005 D3 . �.. : BustNESS BR, Fs . . .. Parrs Hilton breaks off F Real estate photo Western Home Images can Roundtable on service p be reached at222-8087. five-month engagement F ; business opens doors products with GDC Photographer Melissa Bring Improvements at fair Gallatin Development LOS ANGELES(AP)—Paris Hilton has ended her ° xx . has opened Western Home Corporation will host its fourth five-month engagement to a Greek shipping heir,accord- Ima es,a professional real es- moving forward in to a published report. g P Manufacturing Roundtable $ p p ..N £ tatephotographycom an in The Gallatin Fairgrounds The celebutante-turned-model broke off the wedding company luncheon,focusing on quality g Livingston specializing in pro- Foundation has commissioned management systems and how plans with Paris Latsis,according to a report posted Friday moting property listings with Harry Huntsinger and Travis it can improve the quality of on Us Weekly's Web site,which quoted a statement it said quality still and Burian to help the group fund- your products and services. In Hilton released to the magazine. video photog- raise for additional improve- "I'm sad to announce that I've called off my engage- addition,Kurt Borge,Quality raphy.These ments.This year the fairgrounds ment.Over the last couple months I've realized that this is multi-media added a new outdoor arena and Time Montana,will offer in- the right decision for me.We remain best of friends,and q r presentations ` 1,500 seat covered grandstand. sight on the decision process of I'll always love him.I hope people will respect my privacy . are designed to A concession stand,restroom having your quality manage- during this emotional time; Hilton told the magazine. give the visual ? and show office building are still ment system certified to ISO Hilton's publicist did not immediately return a call advantage be be constructed at the arena 9001 or similar quality stan- from The Associated Press. % when selling a and the area will be landscaped. dards. T Hilton,24 and Latsis,22,became engaged in the spring. property.Bring Additional planned im- The luncheon will be held "I'm so in love and grateful to have found such an hon- M has pho- Bring provements include a new atri- on Wednesday,Oct.12,from' est and loyal person,"she told Us Weekly at the time."I feel tographed Europe during her um building to connect the ex- noon to I p.m.at the Montana like we were meant to be,and I'm happy to have found travels and has photographed isting exhibit buildings,along Manufacturing Extension someone to spend the rest of my life with.He's amazing in local and Hollywood celebrities. with new restrooms and a lobby Center,960-A Technology Blvd, every way." AP She has been active in the pro- area;more landscaping,entry in room 187.The public is wel- Latsis gave the 24-year-old hotel heiress a 24 carat,$5 Paris Hilton arrives to promote her fession for eight years,holding signage,additions to the horse come to attend. Cost for lunch million diamond engagement ring.It was not immediately new perfume called"Paris Hilton"in a shows in the Northwest.Bring barns and a large event center. is$10 for GDC members and clear what would happen to the ring. mail in Sao Paulo,Brazil,on Sept.15. graduated with a photography If you have questions or $15 for non-members. Advance degree from college in Spokane, would like to learn more about registration is requested by 4 Wash.,and studied abroad in the upcoming improvements, p.m.on Oct.10 to holly@boze Am JILL - Florence,Italy. `call 582-3270. man.org or(406)587-3113. Arleberry tees top state Realtor, honor People/from OCYI page �2 Ray Atteberry,a Realtors eluding his professional accomplish- member since 1974,was hon- twice as ments but because of his per- Terry Cuddeford has been sales performance from the pre- Bozeman.She ored at an annual meeting in president— sonar philosophy about life.In promoted to local sales manag- vious year,and others achieving specializes in Sun Valley,Idaho,as Realtor of once in Atteberry's own words,"it is er for Max a level of excellence in real es- beautiful,natu- .;�' the Year by the Montana 1979 and difficult to talk in terms of per- Media s Y = , tate were invited to attend.ERA ral,non-brassy Association of Realtors.He was, then again sonar accomplishments as a Bozeman of- Landmark Real Estate was rec- blonde hair also honored this year as in 2004.In Realtor,because so much of - fice.He will o nized for agent roductivi color and high- Realtor of the Year by the addition,he what we accomplish is depend g g productivity. g oversee adver- ��2 lights. Gallatin Association of Realtors. has con- ent on the support and involve- tising sales for �; Sue Frye of ERA Landmark Cuddeford During the course of his ca- tributed Atteberry ment of those with whom we KWYB ABC ' Real Estate,is once again ranked keeps current " reer,Atteberry has been associ- countless work and with whom we share F ated with three offices—last hours as a communityvolun- our activities...it is the coordi- 28,KWXB WB No. 1 by global residential real on all the new J, Cuddeford 11 and the re- _ estate leader ERA Franchise and u comin being ERA Landmark,where he teer,working with the Lions nated efforts of many other cently "" Systems,Inc.for National Top trends by frequently attending has worked for 27 years.He has Club and the Battered dedicated,committed Realtors launched sta- T. Cuddeford Associate Producer through continuing education classes. served in many elected leader- Women's Network. that make it possible to move tion KTBZ August 2005.She continuously She recently attended the - ship positions for the Gallatin Atteberry was selected to forward and accomplish worth- FOX 32.Cuddeford comes from remains in the top standing for "Scruples training for tomor- Association of Realtors,in- represent Montana not only by while goals.' the Missoula office of Max 2005 after being ranked No. 1 in row"hair cutting and color class Media where he was an account the nation for 2003 and 2004 in Minneapolis. PEOIPL EIAUCA7•I fi executive for the last three years. for closed volume and closed ,v� ��• �' -� --� -� � ��"-• �d •. " . .� .. � - �a units.Over the past 17 years, Natalia Parker,certified Itsy Robyn Erlenbush, Frye has ranked nationally in Bitsy Yoga facilitator,will begin The 4-H Center for Youth statewide efforts to involve and meeting logistics and plan- Development at Montana State youth in governance and deci- ping. broker/owner of ERA the top 10. teaching yoga classes for infants University recently hired three sion-making roles in all kinds of Stephanie Davison,pro- Landmark Real Estate joined (three weeks to pre-crawling) new people to support a variety organizations: gram coordinator II,was pro- other leading ERA brokers from Lynn R ;5 and toddlers(crawling to 24 of programs for the state. Brett Schomer,program moted into this position to pro- across the United States at the Hough is a new months)at YogaMotion in Cody Stone,volunteer and and events specialist,previous- vide leadership to 4-H interna- annual ERA Top Affiliate cosmetologist October.She Recognition Trip.ERA at The Klip �; will also be leadership development special- ly worked for the New tional programs,National 4-H ist,worked previously in West Hampshire state 4-H office but Congress,Citizenship- Landmark currently ranks 24th Joint in teaching a free Texas as a regional 4-H pro began work here at MSU on Washington Focus and several in the nation.Each year,ERA Bozeman.She 3 class for 2-4 gram specialist and began work Aug.29.Schomer's responsibil- other major events critical to Franchise Systems,Inc.rewards received her ed- year Olds in e on Aug. 1.Stone's responsibili- ities will be in providing lead- the Montana 4-H program. the outstanding accomplish- ucation at the October.Parker ties will be in providing leader- ership and logistics for a wide Davison also heads up our mar- ments of its elite affiliates with a Aveda Institute previously shipfor and training in all as- variety of events,programs and ketin and public relations ef- recognition trip whit eluded in Minneapolis, Hough t t Itsy g Y P g g pects of volunteer developm conferences important to forts for H Center for a State of the Union l estate graduating with honors. Yoga in fi —from recruitment,to traidW youth development.Schomer Youth DNwApment and brings update and valuable networking Su erdale, ,Parker ing,to recognition.In addition, specializes in conference man- valuable skills in design and lay- opportunities.This year's event Jessica Cuddeford,hair de-. Wash.She has a Stone will give leadership to agement,budget management, out. was held at the Montage Resort,_ -signer formerly.of Missoula,has bachelor's degree in psychology in Laguna,Calif.Bro of joined the artistic team at a' certificate in infant men- leading companies,b�on Studio One in downtown t alth. w.. . NOTICE OF A PUBLIC HEARING FOR A MAJOR SUBDIVISION American AND A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT Red Cross IfF A Preliminary Plat application has been submitted for a Major Subdivision and a Conditional Use Permit application has been submitted for a Planned Unit Development that would amend an established unified development plan for the subdivision pursuant to Chapters]8.04 and 18.36 of the Bozeman Unified Development Ordinance on property located on the west side of North 19th Avenue between Oak Street and Tschache Lane. The purpose of the public hearing is to consider said applications as requested by the property owner Stoneridge Partners LLC,8645 West Franklin Road,Boise,ID 83709,represented by Springer Group Architects,201 South Wallace Avenue,Bozeman,MT 59715 and Kerin&Associates,PC,2409 West Main Street,Suite 2,Bozeman,MT 59715.The proposed Preliminary Plat application would allow the subdivision of 33.97 acres into 8 commercial lots and 1 remaining lot for common open space and future residential. The property owner has further requested a Conditional Use Permit for a Planned Unit Development that would allow an amendment to the Master Plan and Development Guidelines for Stoneridge Planned Unit Development to allow multi-tenant buildings in the B-1 zoning district to exceed the 10,000 square foot maximum ground floor area cap previously established by the City Commission for the Planned Unit Development and from the Cityof Bozeman Unified Development Ordinance to allow a deviation from Section 18.52.090 Multitenant Complexes with ` P P More than 100,000 Square Feet of Ground Floor Area to allow 20%more signage as it applies to total square feet and pole sign height as outlined in Section 18.52.060.D.2 Entryway Overlay District. • The subject property is legally described as Lot 4,Minor Subdivision#319,and situated in the E1/2,Section 29 T2S,R5E,P.M.M., City of Bozeman,Gallatin County,Montana.The zoning designation for said property is B-1(Neighborhood Business District)and B-2 -^•Y "' "G ` """ RR (Community Business District). PUBLIC HEARING o am) D t_p BOZEMAN CITY COMMISSION Monday,October 17,2005 77777 r�1}L 1 W 7:00 pm 1111 I� yl Community Room i � k1 Gallatin County Courthouse 311 West Main Street Bozeman,Montana The City invites the public to comment in writing and attend public hearings.Written comments may be directed to the City of Bozeman,Department of Planning and Community Development,P.O.Box 1230, q Bozeman,MT 59771-1230.Maps and related data regarding this application may be reviewed in the City of Bozeman Department of Planning and Community Development,Alfred M.Stiff Professional Building,20 East Olive Street,582-2260.For those who require accommodations for disabilities,please contact Ron Brey,City of a F Bozeman ADA Coordinator,582-2306(voice),582-2301(TDD). Stoneridge Square MaSub Preliminary Plat#P-05038 and Stoneridge Square � PUD Preliminary Plan#Z-05183 11747 Belgrade Events Center , Doors ®pen Barn- Live Bands Start At 12 Noon Concert Ticket Donations 40 Per Person i Ji r Pq pAYMSON P I:, 1lia .I. SAP i , 401 41 ((-ft- Dom r17 11 l , �r`•��!;'�-�l�.l �t�(�ll��lZi��t�'�l� 't �;, ,� � j�.���.�,;;'� + ,lit 1)11'�� '+4��l� `� ►=°t `� 1'� ,ll��•r, � 1. .` : '(lk�' I i _1 ' _� I � 111 w J '-L;.. r _.,.,�./A � d� i, � n� � ,.�.r A,: ,r h ,.63 y•-'Y r;�,: , �_ r".,.. ,-° ..ie...: � i "�- ..,.. d t :i�:lX(��1� ,, i., , �c.�,l �l„ (-XI't r v 1. 11�� ',Y�-c.�I hint)(W('��'tl�t tzo ak'�\ µ6 It LJ61114 t ^��( �la�t+��t° JI;� °� ��I•��; Tickets Available At These 6acatlons �'1X1lI ri�1 7L' ' 2 �1111;, ?-'Yii !1!Iltvz ��lalt jlesl iult '�j(ui) flMhlc � �s , �^ eeee uu■a - ■■ eeee n unu ■■■ ■■ i■ eeee ■i ■■ ■■■ r x :•, -�F %jit, ,' r gU''�—nNC� g r. . ■N.n , S 6Y.' t ,, ... .. .. ... ..:... .� American �wE cat . . . _ eeee -- - .. .■■ ` eeee Red Cross "i1' t�.�„ � � rmid� eeee � ° 0-R Cr" /_OMMu _ eee, _. »� -f`' -Irm .- BOZEM DAILY CHRONICLE, Sunday, September 25, 2005, D7 ; Heat/ People/from page 02 from page D1 Ryan LaRoque of student at Montana State Security for the analysis of he specializes in securities,arms- Lisa Knapp,formerly of Bozeman is a new financial University. data produced by standard ities and variable products. Bozeman,was recently pro- analyst-sales operations,at test methods. Thomas is a Registered moted to research analyst III Cost of heating RightNow The AOAC International Investment Adviser with Eagle in the Labor Marketing Technologies. Board of Directors has pre- Timothy W.Thomas is an Strategies,Inc.and a Registered Information Center of Job Heating costs have been on LaRoque was .: sented an Award of Special agent with New York Life Representative with NYLIFE Service North the rise in recent years and finance man- Recognition to Dr.Daryl S. Insurance Company working Securities Inc.1st Interstate Dakota's ' are projected to be even ager at Aunet � Paulson of BioScience under John Center in Billings.Thomas will higher this season. Corporation + Central Office p 5 Laboratories,Inc, for his dili- McKenna of be working out of the office of in Bismarck. Average seasonal in Phoenix i' gent service as John J. John McKenna. =_ Knapp has expenditure on home and lead fi- a.member of McKenna& heatin for regions held the posi- , 9nancial analyst "- an innovative Associates.He Mike Lang Winter seasons,2001-2005 at LifemarkLaRoquestatistical ad- tion of re- ` is relocating to is the new ®'01_oz® _ ®,� ®�'0; also in visory team, meat and search analyst Corp.,Cor Bozeman from Phoenix.He has a bachelor's and for his x New Orleans seafood man- I since starting ` Natural gas(Midwest) �� degree in finance and decision leadership and , Thomas re- ar erat the with the Knapp . $1,500..-- _ g P2 g rees ' S ~ ' Community 5 gency in 1,000 sciences at the University of pioneering ceived deg 'k.";, 500_ _ _ Montana. spirit in devel- in finance and Thom Food Co-op in nuary 2005.A Utah State 0 oping new sta- economics Bozeman. diversity graduate with a Heating oil(Northwest) Yoshihiro Furuya of tistical Paulson from the University of Alab n Lang has , ster's degree in sociology, $1,500 .........._............... Bozeman is a new intern at processes for bio-defense mi- After graduation,he worked a orked in the Lan` K `app is charged with run- w0 _ has been planetarium assistant statistical methods designed PaineWebber in Los Angeles for forma ' ni Current Employment 1 RightNow Technologies.Furuya crobiology standards. The stockbroker for UBS- ocery in s- 50o e tics programs and pro- at° years and mos at the Museum of the Rockies by Paulson will be used for six years.Most recently,he has tly wa he meat manage t vidi research for LMI prof- Propane(Midwest) and is a senior computer science. many years by Homeland been with New York Life where J" Par ay Market. ts. $1,500..__................._._...............I................... 1,000 _ _ 500° — -- - MSU-Bozeman A PUBLIC HEARIN FOR AN AMMENNT TO A MINOR St IVISION SOURCE:Department of Energy AP An application has been submitted that would allow an amendment to Minor Subdivision#340 to allow access onto / Cottonwood Road over an existing"one foot no access strip",on a lot located at 642 Cottonwood Road. Those figures,it should be noted,were published after Our Job is Your Job The purpose of the public hearing is to consider the application as submitted by the property owners/applicants,First Hurricane Katrina,but before Security Bank,P.O.Box 910,Bozeman,MT 59771,represented by Think One,101 East Main Street,Studio One, Hurricane Rita. Bozeman,MT 59715,pursuant to the Bozeman Unified Development Ordinance. "Obviously, maybe Join y y The property is legally described as Lot 5 of Minor Subdivision#340,located in the SW 1/4 of Section 10,T2S,R5E, Montana State University additional impacts on our cus- Y P P.M.M.,Gallatin County,Montana.The zoning designation for said property is BP(Business Park District). tomers due to Rita,but it's im- Career Services&Student Employment possible right now to know for the PUBLICBOZEMAN HEARING what they will be,"said Mark 18th Annual Career Fair! CITY COMMISSION Stultz,director of public affairs ** * ** * *********** * * *** *** * *** Monday,10/17/2005 for the Natural Gas Supply 7 pm. Association.The association Friday,September 30,2005,9:00 AM-3:00 PM Community Meeting Room estimated, re-Rita,that heat- Strand Union Ballrooms-Bozeman,MT Gallatin county courthouse P 311 West Main Street ********************* ****** *****�t***** * lrig Costs for midWeSt homes B-'l Bozeman,Montana could rise as much as 77 per- MSU is preparing qualified and motivated graduates! cent from last winter.Some of The annual career fair is an excellent opportunity to develop !-4 �t o The City invites the public to comment in writing and to attend public hearings.Written comments may be directed to the City of Bozeman Department of Planning and Community that increase is due to the fact your recruitment potential for MSU interns and graduates. fa FILLLON Development,P.O.Box 123Q Bozeman,MT 59771-1230.Maps and related data regarding this ar- that last winter was particular- �"�i BP application may be reviewed in the City of Bozeman Department of Planning and Community ly mild,but soaring prices are Visit us on the web today at: F� Development,Alfred M.Stiff Professional Building,20 East Olive Street,582-2260.For those the biggest culprit. http://www.montana.edu/careers to s lea who require accommodations for disabilities,please contact Ron Brey,City of Bozeman ADA HUFFiP1E Prcyset, Other regions may fare bet- register for your business/agency table! MONTANA Coordinator,582-2306(voice),582-2301(TDD). ter or worse,depending on Or call us at 406-994-4353 for assistance. SLATE IIN1VERSMY A First Security Bank Minor Subdivision Amended Preliminary Plat,#P-05040 how far they're located from major fuel facilities and ports, r, and on the weather as well. R$ x W� , t "People'are very ANk jgj wary about what v =k .; �\z '''z �'� n ,e'er .. ' 3 i their heating bills y n.$ W fi ® :y ate` Y' .; s�n,�` .. e 3 e ..f x'g a € Tc�F- T L.:' ,_,y.�s' y� % e y� are g oin g to be, so ® ® ti � - r they're turning gto wood st oves ' IWO �,; � n. : . —Charlie Tumer, Ora W61i!_ Cricket on the Hearth ` general manager44 Although oil and natural r gas will be expensive,it's un- f, likely there will be shortages of �' ,� either.In fact retail heating oil ei � 04, ., dealers are carrying higher- ' �. than-average inventories for this time of year.But even that w . , could be a cause for worry. i "My.concern is that con- sumers have putting off filling ! .ilk!111'ltl�1'(:-A �t l! I Csk i �N'4k i4i 1 R their heating oil tanks because11T of the high costs, said Sara " •', t s 's.t t 1 .�: t z ,e `,' Banaszak,senior economist at (i _1Mtl". r6.-I t.l'l the American Petroleum t, ,f r `' v g t ee • e . �a. n Institute. But prices,obvious- :: ly,haven't gone down.So while a�Ita` °i!llilillilsl +�'� the supplies will be there they will be more expensive:' #t l Ir 1f 'I�Jdlt� i ltle i �lrlf ri!"k�I i� r l':4! Natural gas customers will also see higher bills this winter, ilthl as will people who heat their homes with electricity,as utili- i I t WI 1. „ f `i" ties are increasingly using nat- ural gas to generate power. R l Consumers hoping to re- duce their heating bills this winter have a few options. Weatherizing one's home— CUPATIONAL HEALTH using storm windows,sealing cracks in windows and door- ways,and getting a program- mable thermostat for example SAFETY FAIR —can help keep heat inside and reduce costs.And turning Sponsored by Bozeman Deaconess Occupational Health Services thermostats down a degree or two can provide long-term fp and MSU Safety SF Risk Management conservation savings. TRA,Fy "If most people were able to ,< " U E S D A � O T O E R " }.Q A( � ,Q IVI turn their thermostats down -d two degrees,that could offset the disruptions from at leash 4. Ott/E S T E R lU G RA N T R E E N the first hurricane;'Stultz said.Faced with higher bills, a , some people are actively seek- ing heating alternatives.Sales uba. of wood stoves at Cricket on the Hearth in Rochester,N.Y., ` ° > . " � Featured presentation at 12 pm have climbed sharply through OSHA Safety/Health Program Requirements for Employers the summer,according to gen- eral manager Charlie Turner: Additional information on topics such as: "People are very wary about what their heating bills are go- joint Care I Upper Extremity Flexibility I Work Site Evaluation I Jots Analysis I ing to be,so they're turning to Adaptive Equipment I Safety Equipment Employee Motivation I Problem Solving wood stoves;'Turner said. Techniques I Lifting Techniques I Mobility I Strength bt Flexibility Safety Culture "Most manufacturers of stoves can't make enough of them Including exhibitor booths with valuable information for right now.They're far cheaper your business and great prizes! No registration required. in the long run for heating your home. "I like to tell people:Burn wood.It grows on trees;'he added. ONE On the Net: Bozeman Deaconess Energy Co-op of Vermont: www.ecvt.net OCCUPATIONAL HEALTH SERVICES Energy Information Agency: � � I ' www.eia.doe.gov _ - r "". Tel: 406-556-5565 www.bozemandeaconess.org - 7 '4 D8 BOZEMAN DAILY CHRONICLE, Sunday, Septembe 2005 M e w b P yy/ � � 4 t ¢ •Y tY' J, •1 1 Ad get i "r%I0 get out. enjoy montaina .1 77 s y p � Bozeman Belgrade Montana 5t. 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IMPORTANT CONSUMER INFORMATION:Subject to Customer Agreement,Calling Plan,Get It Now Agreements,rebate form and credit approval.$175 termination fee,45C/min after allowance,other charges&restrictions.Usage rounded to next full minute.Offers and coverage not available everywhere.America's Choice Coverage Area covers 291 million people.Network details,coverage limitations&maps at verizonwireless•com.Nights 9:01 pm-5:59 am M-F. Rebate takes 8-10 weeks.Limited time offer.©2005 Verizon Wireless Amendment of Minor Subdivision No. 340 Findings of Fact.and:Order #P-05040 BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY,MONTANA IN THE MATTER OF THE APPLICATION OF FINDINGS FIRST SECURITY BANK REPRESENTED BY THE OF FACT APPLICANT THINK ONE, FOR PRELIMINARY AND ORDER APPROVAL OF AN AMENDMENT TO MINOR SUBDIVISION NO. 340. This matter came before the Bozeman City Commission on October 17,2005 for review and decision, pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3-625, Montana Codes Annotated, City of Bozeman Growth Policy, and City of Bozeman Unified Development Ordinance. The applicant presented to the Commission an Amendment to a Minor Subdivision to allow access onto Cottonwood Road over an existing "one foot no access strip" as submitted on August 19,2005,#P-05040. The Commission held a public hearing on the preliminary plat and considered all relevant evidence relating to the public health,safety,and welfare,including the recommendation of the planning board, to determine whether the plat should be approved, conditionally approved,or disapproved. It appeared to the Commission that all parties wishing to appear and comment were given the opportunity to do so,and therefore,being fully advised of all matters having come before it regarding this application,the Commission makes the following Findings of Fact,as required: FINDINGS OF FACT I. On August 19,2005,First Security Bank,represented by Think One,submitted an application for an Amendment to a Minor Subdivision to allow access onto Cottonwood Road over an existing "one foot no access strip". The property is legally described as Lot 5 of Minor Subdivision # 340, Amendment of Minor Subdivision No. 340 Findings of Fact and Order` #P-05040 located in the SW'/ of Section 10, T2S,R5E,P.M.M., City of Bozeman, Gallatin County,Montana. The subject property is zoned B-P Business Park District. II. The comments of the Development Review Committee, along with those of Planning & Community Development Staff, were incorporated into a staff report with suggested conditions of approval,which was provided to the City of Bozeman,Planning Board. III. Notice of the time and date of the public meeting and public hearing was posted at the site on September 23,2005. Said notice also served to inform interested persons that materials were available for review at the Bozeman Planning &Community Development Department. The City of Bozeman Planning Board opened the public meeting on October 4, 2005. The Planning Board found that the application was properly submitted and reviewed under the procedures of the City of Bozeman Unified Development Ordinance. Staff reviewed the staff report and the evidence,which justified the imposition of conditions. The Planning Board then opened the public meeting. There was no public testimony. The Planning Board closed the public meeting. The City of Bozeman Planning Board then moved to recommend approval of the subdivision with conditions as recommended by Staff and passed on a vote of 6 in favor and 0 in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on October 17,2005,at which time the recommendation of the Planning Board and information compiled by City staff was reviewed. -2- • Amendment of Minor Subdivision No.340 Findings of Fact and:Order #P-05040 V. PRIMARY REVIEW CRITERIA A. Effects on agriculture, agricultural water user facilities, local services, the natural environment,wildlife and the wildlife habitat,and public health and safety. As previously indicated a conditional use permit was approved by the Bozeman City Commission to allow the development of a bank on the subject site.Municipal water,sewer, roads and emergency services will be provided to the property. The proposal will likely not create any additional adverse effects on agriculture,agriculture water user facilities,the natural environment,or wildlife and wildlife habitat. B. Compliance with the following: 1. The survey requirements provided for in Part 4 of the Montana Subdivision and Platting Act. The subdivision currently complies and will remain in compliance with survey requirements of the Act. 2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act. The final plat shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in anyway, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The following requirements are standards of the Unified Development Ordinance and shall be addressed on the final plat: a) Conditional approval of the preliminary plat shall be in force for not more than one(1) calendar year, as stated in Section 18.06.040.D.6. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. b) The final plat submittal shall be in conformance with Section 18.06.060 "Final Plat Application" and Section 18.78.070"Final Plat" and shall include four(4)signed mylars (or equivalent); two (2) digital copies on a double-sided, high density 3'/z-inch floppy disk or compact disk;and five (5) paper prints. c) All easements are subject to the provisions of Section 18.42.060 "Easements." -3- Amendment of Minor Subdivision No. 340 Findings of Fact and Order :T. #P-05040. 3. The local subdivision review procedure provided for in Part 6 of the Montana Subdivision and Platting Act. The Planning Board meeting and the City Commission hearing have been properlynoticed, as required in the Unified Development Ordinance. C. The provision of easements for the location and installation of any planned utilities. All utilities and necessary utility easements will be provided and depicted on the final plat. D. The provision of legal and physical access to each parcel within the subdivision and the required notation of that access on the applicable plat and any instrument of transfer concerning the parcel. A recommended condition of approval requires the applicant to record a temporary and revocable access easement over the currently platted "one foot no access strip" in the subject location.As previously indicated the Recommended Principle Arterial Street Standard identified in Figure 11-4 of the C7reaterBmennnA7a TransponationPlan Update,identifies the potential for a raised median in the immediate area of the proposed access. The future disposition of Cottonwood Road has the potential to create additional vehicular conflict with multiple access points in the immediate area of the proposed access. A further recommended condition of approval requires the amended Final Plat to provide a plat note which identifies the temporary and revocable nature of the subject easement. ORDER After considering all matters of record presented at the public hearing, the Bozeman Gty Commission found that the proposed subdivision would comply with the City of Bozeman Growth Policy and the requirements of the City of Bozeman Unified Development Ordinance and the Montana Subdivision and Platting Act,if certain conditions were imposed. The evidence,as stated or referenced in the Findings of Fact,justifies the imposition of the conditions ordered herein to ensure that the final plat complies with all applicable regulations and all required criteria. THEREFORE,IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Minor Subdivision No.340 for the property owner,Fast SecurityBank,be approved,subject to the following conditions: -4- Amendment of Minor Subdivision No: 340 Findings of Fact and Order, #F 05040 1. The applicant shall comply with all provisions of the Bozeman Municipal Code, which are applicable to this project. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. A temporary and revocable 30 foot public access easement shall be granted at the location on Cottonwood Road over a platted 1 foot no access strip across from the currently existing southernmost access of Auto Plaza Drive subject to the following terms and conditions: ■ Full access will be granted until such time that construction activities commence to improve the section of Cottonwood Road which borders the subject property to the recommended principle arterial street standard,when the easement will be terminated. Prior to access termination the property owner shall record an amended plat to reflect the nature of the subject easement. ■ A plat note shall be added to the amended plat of Minor Subdivision#340 in regard to the proposed access which states, "A temporary and revocable 30 foot public access easement has been granted, over the existing 1 foot no access strip, by the City of Bozeman and shall be terminated once construction activities commence to improve Cottonwood Road to the recommended principle arterial street standard." ■ The location and size of the proposed easement shall be subject to review and approval by the Bozeman City Commission. 3. An amended Final Plat shall be submitted which addresses the recommended plat note addition and includes all appropriate certificates. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County,within 30 days after the adoption of these Findings bythe City Commission, by following the procedures of Section 76-3-625,M.C.A.The preliminary approval of this subdivision shall be effective for one year from the date of adoption of these Findings by the City Commission. At the end of this period the City Commission may, at the written request of the subdivider, extend its approval as provided for in the City of Bozeman Unified Development Ordinance. -5- Amendment of Minor Subdivision No:.340 Ficidings ofxFact dnd�Order #P 05040 r DATED this day of ) 2005. BOZEMAN QTY COMMISSION By. Andrew L. Cetraro,Mayor ATTEST: APPROVED AS TO FORM: Robin L.Sullivan Paul Luwe Clerk of the Commission City Attorney C. merit:of Minor Subdivision No.,340 Findings of Fact and Order #F'0504 ;'x 0 Am:end DATED this 12 _day of ,2005. BOZE SSION By Andre L. Cetraro,1;7 Mayor A ST: AP T Ro m L. Sullivan Paul Luwe Clerk of the Commission City Atto ey -6- 0 r Amendment of Minor Subdivision No. 340 Findings of Fact and Order BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY,MONTANA IN THE MATTER OF THE APPLICATION OF FINDINGS FIRST SECURITY BANK REPRESENTED BY THE OF FACT APPLICANT THINK ONE, FOR PRELIMINARY AND ORDER APPROVAL OF AN AMENDMENT TO MINOR SUBDIVISION NO. 340. This matter came before the Bozeman City Commission on October 17,2005 for review and decision,pursuant to the Montana Subdivision and Platting Act,Section 76-3-101 through 76-3-625, Montana Codes Annotated, City of Bozeman Growth Policy, and City of Bozeman Unified Development Ordinance. The applicant presented to the Commission an Amendment to a Minor Subdivision to allow access onto Cottonwood Road over an existing "one foot no access strip" as submitted on August 19,2005,#P-05040. The Cor nnission held a public hearing on the preliminary plat and considered all relevant evidence relating to the public health,safety,and welfare,including the recommendation of the planning board, to determine whether the plat should be approved, conditionally approved, or disapproved. It appeared to the Commission that all parties wishing to appear and comment were given the opportunity to do so,and therefore, being fully advised of all matters having come before it regarding this application,the Comunission makes the following Findings of Fact,as required: FINDINGS OF FACT I. On August 19,2005,First SecurityBank,represented by Think One,submitted an application for an Amendment to a Minor Subdivision to allow access onto Cottonwood Road over an existing "one foot no access strip". The property is legally described as Lot 5 of Minor Subdivision # 340, 1 Amendment of Minor Subdivision No. 340 Findings of Fact and.Order #P-05040 located in the SW'/a of Section 10, T2S, RSE,P.M.M., City of Bozeman, Gallatin County,Montana. The subject property is zoned B-P Business Park District. II. The comments of the Development Review Committee, along with those of Planning & Community Development Staff, were incorporated into a staff report with suggested conditions of approval,which was provided to the City of Bozeman Planning Board. III. Notice of the time and date of the public meeting and public hearing was posted at the site on September 23,2005. Said notice also served to inform interested persons that materials were available for review at the Bozeman Planning&Community Development Department. The City of Bozeman Planning Board opened the public meeting on October 4, 2005. The Planning Board found that the application was properly submitted and reviewed under the procedures of the City of Bozeman Unified Development Ordinance. Staff reviewed the staff report and the evidence,which justified the imposition of conditions. The Planning Board then opened the public meeting. There was no public testimony. The Planning Board closed the public meeting. The City of Bozeman Planning Board then moved to recommend approval of the subdivision with conditions as recommended by Staff and passed on a vote of 6 in favor and 0 in opposition. IV. The application was considered by the Bozeman City Commission at its regular meeting on October 17,2005,at which time the recommendation of the Planning Board and information compiled by City staff was reviewed. -2- Amendrrient of Minor Subdivision No. 340 Findings of Fact-and Order' #P 05040 V. PRIMARY REVIEW CRITERIA A. Effects on agriculture, agricultural water user facilities, local services, the natural environment,wildlife and the wildlife habitat, and public health and safety. As previously indicated a conditional use permit was approved by the Bozeman City Commission to allow the development of a bank on the subject site.Municipal water,sewer, roads and emergency services will be provided to the property. The proposal will likely not create any additional adverse effects on agriculture,agriculture water user facilities,the natural environment,or wildlife and wildlife habitat. B. Compliance with the following: 1. The survey requirements provided for in Part 4 of the Montana Subdivision and Platting Act. The subdivision currently complies and will remain in compliance with survey requirements of the Act. 2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act. The final plat shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The following requirements are standards of the Unified Development Ordinance and shall be addressed on the final plat: a) Conditional approval of the preliminary plat shall be in force for not more than one(1) calendar year, as stated in Section 18.06.040.D.6. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. b) The final plat submittal shall be in conformance with Section 18.06.060 "Final Plat Application" and Section 18.78.070"Final Plat" and shall include four(4)signed mylars (or equivalent);two (2) digital copies on a double-sided, high density 3'/z-inch floppy disk or compact disk; and five (5) paper prints. c) All easements are subject to the provisions of Section 18.42.060 "Easements." -3- Amendment.of Minor.Subdivision No. 340 Findings of Fact and-Order #P-05040. 3. The local subdivision review procedure provided for in Part 6 of the Montana Subdivision and Platting Act The Planning Board meeting and the City Commission hearing have been properlynoticed, as required in the Unified Development Ordinance. C. The provision of easements for the location and installation of any planned utilities. All utilities and necessary utility easements will be provided and depicted on the final plat. D. The provision of legal and physical access to each parcel within the subdivision and the required notation of that access on the applicable plat and any instrument of transfer concerning the parcel. A recommended condition of approval requires the applicant to record a temporary and revocable access easement over the currently platted"one foot no access strip" in the subject location.As previously indicated the Recommended Principle Arterial Street Standard identified in Figure 11-4 of the GmaterBozwunA ma TrarsponationPlan Update,identifies the potential fora raised median in the immediate area of the proposed access. The future disposition of Cottonwood Road has the potential to create additional vehicular conflict with multiple access points in the immediate area of the proposed access. A further recommended condition of approval requires the amended Final Plat to provide a plat note which identifies the temporary and revocable nature of the subject easement. ORDER After considering all matters of record presented at the public hearing, the Bozeman City Commission found that the proposed subdivision would comply with the City of Bozeman Growth Policy and the requirements of the City of Bozeman Unified Development Ordinance and the Montana Subdivision and Platting Act,if certain conditions were imposed. The evidence,as stated or referenced in the Findings of Fact,justifies the imposition of the conditions ordered herein to ensure that the final plat complies with all applicable regulations and all required criteria. THEREFORE,IT IS HEREBY ORDERED that the Preliminary Subdivision Plat of Minor Subdivision No.340 for the property owner,First SecurityBank,be approved,subject to the following conditions: -4- Amendment of Minor Subdivision No. 340 Findings of Fact and Order #P-05040 1. The applicant shall comply with all provisions of the Bozeman Municipal Code, which are applicable to this project. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. A temporary and revocable 30 foot public access easement shall be granted at the location on Cottonwood Road over a platted 1 foot no access strip across from the currently existing southernmost access of Auto Plaza Drive subject to the following terms and conditions: ■ Full access will be granted until such time that construction activities commence to improve the section of Cottonwood Road which borders the subject property to the recommended principle arterial street standard,when the easement will be terminated. Prior to access termination the property owner shall record an amended plat to reflect the nature of the subject easement. ■ A plat note shall be added to the amended plat of Minor Subdivision#340 in regard to the proposed access which states, "A temporary and revocable 30 foot public access easement has been granted, over the existing 1 foot no access strip, by the City of Bozeman and shall be terminated once construction activities commence to improve Cottonwood Road to the recommended principle arterial street standard." ■ The location and size of the proposed easement shall be subject to review and approval by the Bozeman City Commission. 3. An amended Final Plat shall be submitted which addresses the recommended plat note addition and includes all appropriate certificates. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County,within 30 days after the adoption of these Findings by the City Commission, byfollowing the procedures of Section 76-3-625,M.C.A.The preliminary approval of this subdivision shall be effective for one year from the date of adoption of these Findings by the City Commission. At the end of this period the City Commission may, at the written request of the subdivider, extend its approval as provided for in the City of Bozeman Unified Development Ordinance. -5- Amendment of Minor Subdivlsion'No 340 Findings of'Fad dnd Order DATED this day of )2005. BOZEMAN CITY COMMISSION By. Andrew L. Cetraro,Mayor ATTEST: APPROVED AS TO FORM: Robin L. Sullivan Paul Luwe Clerk of the Commission City Attorney Amendment of.Minor Subdivision No. 340 Findings of Fact and Order 0-05040-r. DATED this—I oC day of ,2005. BOZEMAN qffY COMMISSION By- (2 Andrew L. Cetraro,Mayor ATTEST: APP o � Ro m L. Sullivan aMl Luwe Clerk of the Commission City Att �ey -6- Inter-office Original.to: ' City of Bozeman Planning Department 20 East Olive Street RELEASE OF CONDITIONS OF IMPROVEMENTS AGREEMENT AND NOTICE OF BUILDING PERMIT RESTRICTIONS WHEREAS, the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, hereinafter called the "City" entered into an Improvements Agreement for the Baxter Meadows Subdivision Phases 2C and 2D dated September 19, 2005; and WHEREAS, the City filed a Notice of Building Permit Restrictions on said subdivision, with said document being filed on September 22, 2005, as Document No. 2202822; and WHEREAS, Baxter Meadows Development, L.P., hereinafter called "Subdivider" has complied with terms and conditions of said Agreement regarding the issuance of building permits; THEREFORE, the City hereby certifies that terms and conditions of said Improvements Agreement and Notice of Building Permit Restrictions have been satisfied regarding the issuance of building permits and as such Subdivider is hereby released from the terms and conditions of the above-described Agreement regarding the issuance of building permits. Dated this 7t"-day of November, 2005. CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, by Andrew C. Epple, AICP Planning Director STATE OF MONTANA ) :ss County of Gallatin ) On this A day of , 2005, before me, a Notary Public for the State of Montana, personally appeared Andrew C. Epple, AICP, known to me to be the person described in and who executed the foregoing instrument as Planning Director of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that she executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my.hand and affixed my seal on the day and year first written above. (S' nature above) / / �����uuutu►►iy �Ja. r0 L; �C.I�7Z "/ (Seal) ��```GP�o �; S�'%� (Printed Name above) • N O T '• Notary Public for State of Montana N: A'9z '. _ Residing at: ACommission Expires: ////3 07 % ZZ � .'• - (Use 4 digits for expiration year) Baxter Meadows Subdivision Phases 2C&2D Release of Notice of Building Permit Restrictions 2 L .. ► Inter-office Original to: City of Bozeman Planning Department 20 East Olive Street RELEASE OF CONDITIONS OF IMPROVEMENTS AGREEMENT AND NOTICE OF BUILDING PERMIT RESTRICTIONS WHEREAS, the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, hereinafter called the "City" entered into an Improvements Agreement for the Baxter Meadows Subdivision Phases 2C and 2D dated September 19, 2005; and WHEREAS, the City filed a Notice of Building Permit Restrictions on said subdivision, with said document being filed on September 22, 2005, as Document No. 2202822; and WHEREAS, Baxter Meadows Development, L.P., hereinafter called "Subdivider" has complied with terms and conditions of said Agreement regarding the issuance of building permits; WHEREFORE, the City hereby certifies that terms and conditions of said Improvements Agreement and Notice of Building Permit Restrictions have been satisfied regarding the issuance of building permits and as such Subdivider is hereby released from the terms and conditions of the above-described Agreement regarding the issuance of building permits. Dated this 7th-day of November, 2005. a t ' CITY OF BOZEMAN, a Municipal Corporation of the State of Montana, by .i/xta� Andrew C. Epple, AICP ' Planning Director i 2208840 Pape. 1 of 2 11/09/2006 09:39A Shelley Vance-Gallatin Cc MT MISC 14.00 STATE OF MONTANA ) :ss County of Gallatin ) On this A day of , 2005, before me, a Notary Public for the State of Montana, personally appeared Andrew C. Epple, AICP, known to me to be the person described in and who executed the foregoing instrument as Planning Director of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that she executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. (S' nature above) (Seal) `��`GP, . • • , S�'%� (Printed Name above) ,• Notary Public for State of Montana N0 '.ti x'• 49/,9 :O�= Residing at: J' Ni••S •� �:'i Commission Expires: / D �' •, .'• Ar (Use 4 digits for expiration year) • 111111111 a 1 i { i x Baxter Meadows Subdivision Phases 2C&2D Release of Notice of Building Permit Restrictions 2 2208840 Papa: 2 of 2 11/09/2005 09:39A Shelley Vance-Gallatin Co MT MISC 14.00 .... .... JOLENE J. RIECK ��1(�� SITE FURNISHINGS SCHEDULE _ ,aaLAR _ MILKHOUSE AVENUE G�MANUFACTURER TURER ITEPLAY�EQUIPMENT WALKER THR MODEL EE E 20020E q COLOR POrmER QN ~,°;e;;F•"ao+ :`` 1-.-233-2440 MOUNTING PACKAGE IN-GROUND(FOR PLAY EOUIPJ 23029 MATCH EXISTING SEATS ARLINGTON UF9206 SITE AMENITIES 2 BENCHES ARLINGTON UF4IOe 3 U 500' TRASH RECEPTACLE ARLINGTON UL43OO I AMA 1 250' 900' DESIGNED BY 2: JJB SOLUTIONS PET WASTE DISPOSAL ECONOMY PET WASTE STATION -LB006 WA 2 U_' FIBAR INC. 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SHEET -z— - - _ - --- --- - - - -- I STREET TREE PLANTING PLAN r� L3 Se-ALE, r.60' 0 30' 60' 90' 120' I� • - 3 - Authorize Mayor to sign - Findings of Fact and Order for Cottonwoo on8ds IdMfnoT Subdivision (subdivide 35.254 acres located between Ferguson Avenue, Resort Drive, West Babcock Street and Fallon Street into 3 residential lots) Approval of final plat for Thulin Minor Subdivision (subdivide ±9.03 acres between Haggerty Lane and Interstate 90 at Ellis Street extended into one lot for future development) Approval of final plat for Bridger Center Minor Subdivision (subdivide 1.66 acres along east side of Bridger Center Drive into four industrial lots) Approval of final plat for West Winds Major Subdivision, Phases 1A and 1 B(create 39 single-household, 18 townhouse and 3 multi-household lots on property located between West Oak Street extended, North 27th Avenue extended, Baxter Lane and Fowler Lane extended) Approval of►fin la plat ide 22 acres lying north of-Eguestrian Lane and east of Vaauero`Parkdvay into 72 single-household, 4 multi-household and 5 park parcels) Authorize City Manager to sign' -; Joint Funding Agreement for Water Resources Investigations(for continuation of gaging surface water on East Gallatin River below Bridger Creek) Authorize City Manager to sign - letter to`Montana Department of Environmental Quality re proposed surcharge for non-site related administrative expenses Authorize expenditure of$2,161.78 as partial reimbursement for costs billed�by the State of Montana Department of Environmental Quality for the Bozeman Solvent Site for the period from October 1, 2004 through December 31, 2004 ,1 Authorize City Manager to sign - (J Purchase Agreement with Emil Anderson -45- foot-wide strip along south end of parcel on Film 87, Page 1894; (b) Acceptance of Quit Claim Deed for 45-foot by 165.2-foot strip along south end of Film 87,Page 1894;and(g)Acceptance of Temporary Access Easement and Agreement for 25-fo6t-wide strip along south end of'Film 87, Page 1894 (Parcel No. 1 for Durston Road project) Acknowledge receipt of petition for creation of special improvement lighting district ]n Baxter Square Subdivision; refer to staff Authorize'City'Manager to enter into proposed settlement agreement with Williams PlumbihO.'and Heating for North Rouse Avenue sewer improvement project" Reiect all bids for solid waste transfer station Claims It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission approve the Consent Iterns�as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion,carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner,Kirchhoff, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No, none. � . Public comment Ms.Jane Shaw Stroup, 9 West Arnold Street, expressed support for Tracy Velazquez'proposal that the City decline the$4 million federal appropriation for the new parking garage for use in the recovery from Hurricane Katrina. She also proposed that the City decline the$1.125 million for the library. She stressed that the costs of humanitarian services and rehabilitation from the storm are very high, with a majority of 09-19-05 Page 1 of 3 THEOTY OF BOZEMAN, MOWANA COMMISSION MEETING ,AGENDA September 19, 2005 A. Call to Order - 6:30 p.m. - B. Signing of Notice of Special Meeting C. Executive Session - litigation strategy D. Pledge of Allegiance and Moment of Silence (7:00 p.m.) E. Minutes - March 21, June 6, July 5, July 11, July 18, August 1, August 8 special, August 8 work session, August 15, August 22, August 29, September 6 and September 12, 2005 F. Consent Items - 1. Acknowledge receipt of staff report - annexation of±12 acres described as COS No. 885 - C&H Engineering and Surveying, Inc., for Roberta Moche (lying southwest of Boylan Road, north of Commercial Drive, and east of the East Gallatin River (A-05010) (Dave Skelton) 2. Commission Resolution No. 3846 - intent to annex ±12 acres described as COS No. 885 (lying southwest of Boylan Road, north of Commercial Drive, and east of the East Gallatin River); set public hearing for October 17, 2005 �3. Authorize City Manager to sign -Annexation Agreement witliDouglas L:Smith-90.552 acres lying) isouth of West Oak Street extended,.east.of_Flande_rs Mill Road and north of Durston Road atTerguson� Road extended. T _ --- ---- - -- � 4. Commission Resolution No. 3847 (annexing 90.552 acres lying south of West Oak Street extended, east of Flanders-Mill Road and north of Durston Road at Ferguson Road extended rS�Ordinance No. 1650 - establishing"initial municipal'zoning'designation-of"R-Y'on•90:55Zacres lying south of West Oak Street extended;east of'Flanders,Mill-Road•and-north-of Durston-Road.at.Ferguson Road extended;.provisionally_adopt.and.bring.back.in.two.weeks for final adoption [6'—Ordinance N_ o. 1651 - amending the zoning designation from "R-S"to 'R-1' on 84 acts in Phase I of BaxterMeadows Subdivision; provisionally adopt and bring back in two weeks.for_final.adoption H. Approval of park master plan for Cattail Creek Subdivision, Phase 3 (P-05052A) 8. Authorize�Mayor to'sign­­Findings of Fact and Order for Cottonwood Condos Minor Subdivision (subdivide 35.254 acres located between Ferguson Avenue, Resort Drive, West Babcock Street and Fallon Street.into.3.residential.lots)—______-. 19. Approval of final plat for Thulin Minor Subdivision (subdivide t9.03 acres between Haggerty Lane and Interstate 90 at Ellis Street extended into one lot for future development) 10. Approval of final plat for Bridger Center Minor Subdivision (subdivide 1.66 acres along east side of Bridger Center Drive into four industrial lots) 11. Approval of final plat for West Winds Major Subdivision, Phases 1A and 1 B (create 39 single- household, 18 townhouse and 3 multi-household lots on property located between West Oak Street extended,-North.27th.Avenue extended, Baxter Lane and Fowler Lane extended) �12. Approval of final plat for Baxter'Meadows Subdivision, Phases 2C and 2D (subdivide 22 acres lying north of Equestrian Lane and east of Vaquero Parkway into 72 single-household, 4 multi-household and 5 park parcels) 13. Authorize City Manager to sign - Joint Funding Agreement for Water Resources Investigations (for continuation of gaging surface water on East Gallatin River below Bridger Creek) 14. Authorize City Manager to sign - letter to Montana Department of Environmental Quality re proposed surcharge for non-site related administrative expenses `�,mailhtmLmid:H00000004/ 9/16/2005 9-29-05; 2:58PM;P. C. Development Inc . 1 406 586 9921 # 1/ 2 J 3985 Valley Commons Drive Bozeman, MT 59718 F'ax#(406) 586-9921 Phone#(406) 586-9922 FACSIMILE TRANSMISSION COVER SHEET DATE: PLEASE DELIVER THE FOLLOWING PAGES TO: � COMPANY: 1~Ax: 2 a 07, CP 3 FROM: J&D J .V - NUMBER OF PAGES (INCLUDING COVER SHEET):The information contained in this fax message is privileged and confidential information intended only for the use of the individual or entity names above. If the reader of this fax message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient,you are hereby on notice that you are in possession of confdcndal and privileged information. Any dissemination, distribution or copying of this communication is strictly prohibited. You will immediately notify the sender by telephone of your inadvertent receipt Return the original fax message to the sender at the address above via the United States Postal Service. MESSAGE: IF THERE AROT RO13LEMS WITH THIS TRANSMISSION,PLEASE CONTACT CONNIE OR' (406) 586-9922. ` 9-29-05; 2:58PM;P. C. Development Inc ; 1 406 586 9921 # 2/ 2 • 0 September 29, 2005 Van E. Smith PO Box 432 Black Eagle, MT 59414-0432 Dear Van: Potter Clinton Development invites you to an information al meeting on October 6,2005 at 6:30 p.m. at Tom and Judy Kingma's. Their home address is 3490 Harper Pucket. As you are aware,PC Development has been planning a development on the west end of the Baxter project for several months now and has recently completed a zone change from RS to R-1 on the subject property. Your property is within the required public notice area and as such you will be. receiving additional notices from the City of Bozeman when public hearings are scheduled for our specific application. The meeting will outline the review process that is currently taking place with the City and will also review the development plans. They are very similar to the plans we showed everyone during the zoning application. We now have specific lot sizes,dimensions and park areas that we can share with you. We will have refreshments available. We look forward to discussing the project with you. Sincerely, O� f�:7L:' Project Manager cc: Andy Epple, City of Bozeman Lanette Windernaker,City of Bozeman 3985 Valley Gammons hive &>zcimin,MT 59718 (406)586.9922 • FAX(406)586,9921 P CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 tanning@bozeman.net Bozeman, Montana 59771-1230I (C 1E 0 � .bozeman.net MEMORANDU �Fj NOV 0 7 0005 To: Gallatin County Clerk and Recorder's Office AND COMMUNITY DEEPARTMENT OF VELOPMENT From: Lanette Windemaker,AICP; Contract Planner Re: Baxter Meadows Phases 2 C and D Final Plat#P-05040 (Preliminary Plat,#P-03042) Date: September 22, 2005 Attached, please find four (4) original mylar plats for the Baxter Meadows Phases 2 C and D Subdivision Final Plat. The Bozeman City Commission approved the Final Plat application at their regularly scheduled meeting on Monday, September 19, 2005, and the Director of Public Service signed the applicable certificates. The Planning Office respectfully requests that you record the four (4) mylar plats and return a copy to the Planning Department. The following original documents are attached to this plat and must be filed with the plat: X Certificate of City Attorney. X Platting Certificate. X Conditional Use Permit Conditions. X Improvements Agreement. X Notice of Building Permit Restrictions. X Remainder Affidavit. X Hold Harmless Agreement. X Concurrent Construction Agreement. X Covenant Map. D�s���v 2Ev�ec" Gu�c�EUn/ES X Covenants and Restrictions, By-Laws, (Master). X Covenants and Restrictions, By-Laws, (Central). X Covenants and Restrictions, By-Laws, (Condo). Please feel free to contact me at 586-5266 if you have any questions regarding these documents. Attaclunents: Four(4)mylar plats. Certificate from City Attorney. Original Platting Certificate. Conditional Use Permit Conditions. Improvements Agreement. Notice of Building Permit Restrictions. Remainder Affidavit. Hold Harmless Agreement. Concurrent Construction Agreement. Covenant Map. Covenants and Restrictions,By-Laws, Articles of Incorporation(3 sets). planning • zoning - subdivision review - annexation - historic preservation - housing - grant administration - neighborhood coordination N E HE'SOO"J'"', Q BRAG} Sy !,Ec.—,T f !a UH u j'-f r.".C',Ic 1, mx 2 2 0 "Is 1: ri J.4 2§ bL- fGAJ Doi— I IJ ZW, 1M E I Al uZ.,- ilc Lo 0 NZj i-I h Cj�j A-.A, -Tj f-J q, (fOAIZ)D r.:q 4" V s 0 J-410 i f�llll IIII� 02821 1111111111 loll 11111111111111111111111 ?2 09/22/2008 12:00P $hollay Vanoa-Gallatin Co MT M18C 44.00 IMPROVEMENTS AGREEMENT FOR BAXTER MEADOWS PHASE HC&D PUD MAJOR SUBDIVISION FINAL PLAT#P-05040 (PRELIMINARY PLAT#P-03042) LOCATED NORTH OF EQUESTRIAN LANE AND WEST OF VAQUERO PARKWAY,BOZEMAN,MONTANA THIS AGREEMENT is made and entered into this_ day ofhkcu) / ,2005, r by and between, hereinafter called the "Developer", and the City of Bozeman, a Municipal Corporation of the State of Montana,hereinafter called the "City". WHEREAS,it is the intent and purpose of the Developer to meet the conditions of approval of a Major Subdivision Application to divide the 22.72 acres into 72 lots,streets,alleys,parks and open space on property located north of Equestrian Lane and west of Vaquero Parkway. WHEREAS, it is the intent of the Developer to obtain Final Plat approval; and WHEREAS,it is the intent and purpose of both the Developer and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements on the property hereinafter described;and it is the intent of this Agreement,and ofthe parties hereto,to satisfy the improvements and guarantee requirements for the conditional approval of said Major Subdivision Application. NOW,THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to and includes those properties which are designated as"R-3"(Residential Medium Density District)and"B-2"(Community Business District)on the City of Bozeman Zoning Map, and is legally described as a portion of S '/Z of Section 34,Tl S,R5E,PMM and the NE %4 of Section 3, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana, and more commonly located north of Equestrian Lane and west of Vaquero Parkway,Bozeman,Montana. 2. Improvements This Agreement specifically includes any water, sewer, street and drainage improvements, park. improvements, sidewalk installation and other improvements as illustrated on the plans and specifications provided in the approved Major Subdivision Preliminary Plat Application#P-03042. The estimated cost of these improvements is attached as Exhibit A. 3. Financial Guarantee,Time for Completion of Improvements If construction associated, with a required building permit, is to occur prior to completion of all I III IIIIItll Page; 2 2202f 4 P IIIIIIIIIIIII09/22/2006 I IIIIIII III III II IIIII I III ShollaY Vanoo-Gallatin Cc MT Mt SC 44.00 site improvements,this Improvements Agreement must be secured by a financial guarantee,as may be deemed acceptable by the City, payable to the City of Bozeman, in an amount equal to one and one-half times the estimated cost of the installation of any required improvements not completed at the time building permit(s)is requested. Said method of security shall be valid for a period of not less than twelve (12) months. The Subdivider hereby agrees that the water, sewer, street and drainage improvements street lights and public sidewalk improvements throughout the subdivision shall be completed within nine(9) months of final plat approval for those lots granted concurrent construction and completed prior to issuance of a building permit for all other lots;the park improvements shall be installed by September 19,2006;and the alley Davin g shall be installed by September 19,2007. In any event,all required improvements shall be completed within the time frame provided herein for the completion of the improvements in order to avoid default on the method of security. 4. inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Developer is in compliance with this Agreement,and the Developer shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. 5. Default Time is of the essence for this Agreement. If the Developer shall default in or fail to fully perform any of its obligations in conformance with the time schedule under this Agreement, and such default or failure shall continue for a period of thirty(30)days after written notice specifying the default is deposited in the United States mail addressed to the developer at Baxter Meadows Development,L.P.,Baxter Meadows Construction, Inc.,its General Partner,Gerald R.Williams,President,P.O.Box 81487,Billings,MT 59108-1487,or such other address as the Developer shall provide to the City from time to time,without being completely remedied, satisfied, and discharged,the City may elect to enforce any of the following specified remedies: l) The City may, at its option,declare the financial guarantee to be forfeited and secure the complete construction and inspection of the improvements described herein. The City's representative, contractors,and engineers shall have the right to enter upon the property and perform such work and inspection,and the Developers shall permit and secure any additional permission required to enable them to do so. 2) The City may enforce any other remedy provided by law. 6. Warranty The Developer shall warrant against defects in these improvements for a period of one year from the date of their written acceptance by the Governing Body. 7. Governing Law and Venue This Agreement shall be construed under and governed by the laws of the State of Montana. In the event of litigation concerning this Agreement,venue is in the Eighteenth Judicial District Court,Gallatin County,State of Montana. ,':O,. IN I, .1t}:.O NYC H ,.�, u • 2202821 Paw 3 a? 4 0S/2212006 12.0 0P Sha11aY VVve-Gallatin Co MT MISC 44.00 8. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs,to include the salary and costs of in-house counsel including City Attorney. 9. Modifications or Alterations No modifications or amendment of this Agreement shall be valid,unless agreed to in writing by the parties hereto. 10. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 11. No Assignment It is expressly agreed that the Developer shall not assign this Agreement in whole,or in part,without prior written consent of the City. 12. Successors Except as provided in paragraph 10,this Agreement shall be binding upon,enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. PROPERTY O R Baxter Meadows Development,L.P., Baxter Meadows Construction,Inc., its General Partner, Gerald R. Williams, President STATE OF :ss County of r(a�t�vt ) On this day of , 2005, before me, the undersigned, a Notary Public for the State of Montana, ersonally appeared Gerald R. Williams, known to me to be the President, of Baxter Meadows Construction, Inc., the General Partner of Baxter Meadows Development, L.P.,the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. 2202821 I I{IIII��III III III �IIII II�IIII IIII Ilil 09/22/2005 12:00P I � II{III Shelley Vanes-Qallatln Ca MT MISC 44.00 IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (Si tore ab v V��.p'':A�= (Printed Name above) ..�o't 4� '• Notary Public ?r State of Montana C Residing at: ?-6vrtGtxt , /U Commission Expires: J.yjt 31 a� (Use 4 digits f ro xe digits year) THE C TY OF BOZEMAN f Andrew C. Epple, AICP Planning Director STATE OF MONTANA } :ss County of Gallatin ) 1 On this }1 day of kkKoAkSit` , 2005, before me, a Notary Public for the State of Montana,personally appearedkndrew C.Epple,AICP,known to me to be the person described in and who executed the foregoing instrument as Planning Director of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that she executed the same for and on behalf of said City. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. V X�\\1 • ' ' • s j,'% (Si ature above) (Seal) *: —•— _ (Printed Name above) s •. SL Notary Public for State of Montana y'. .• �TRZ Residing at: `�q "(Y\t Y P Commission Expires: Nor LA (Use 4 digits or expiration year) ;... 9.e q. .. r... L.. r _ J-410 • • Inter-office Original to: City of Bozeman Planning Department 20 East Olive Street NOTICE OF BUILDING PERMIT RESTRICTIONS BAXTER MEADOWS SUBDIVISION PHASES 2C &D,BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN to all potential purchasers of Lots 1-10, Block 9; Lots 1- 12, Block 10; Lots 1-3 and 5-7, Block 11; Lots 1-4 and 11-14, Block 12; Lots I-11 and 17-25, Block 13; and Lots 1-4, Block 14 of Baxter Meadows Subdivision Phases 2 C & D which is described herein, that the final plat of the subdivision was approved by the Bozeman City Commission before all required improvements were completed, as is allowed in Chapter 18.74 of the Bozeman Unified Development Ordinance. As such, an Improvements Agreement was filed with the final plat that stipulates the time period during which the improvements must be completed, and those improvements were financially guaranteed to the City of Bozeman by the Subdivider. THEREFORE, BE ADVISED, that Building Permits will not be issued for Lots 1-10, Block 9; Lots 1-12,Block 10; Lots 1-3 and 5-7,Block 11; Lots 14 and 11-14,Block 12; Lots 1-11 and 17-25, Block 13; and Lots 1-4,Block 14 of Baxter Meadows Subdivision Phases 2C & D, City of Bozeman, Montana until all of the subdivision improvements are completed and accepted by the City of Bozeman. These improvements include the installation of sewer,water, street and drainage improvements, and street lights throughout the subdivision. The ark improvements shall be completed by September 20, 2006. The alley paving shall be completed by September 20, 2007. Building Permits will be issued prior to the installation of park improvements and alley paving as long as these items remain under financial guarantee. DATED this 22na day of September,2005. THE CITY OF BOZEMAN Chris Saunders,AICP Assistant Planning Director Baxter Meadows Subdivision Phases 2 C&D Notice of Building Permit Restrictions 22ezf 2 1111111111111111111111111111111111111111111111111111111 Shelley vanoe-Gallatin Co MT MI90 14.00 STATE OF MONTANA ) :ss County of Gallatin ) On this 6day of 2005, before me, a Notary Public for the State of Montana, personally appear Chris Saunders, AICP, known to me to be the person described in and who executed the foregoing instrument as Planning Director of the City of Bozeman,whose name is subscribed to the within instrument and acknowledged to me that she executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. �����`Qp,•�• N,4�����i,� (Suture above) (Seal) — �1�TAR�q<:t� (Printed Name above) Notary Public for State of Montana ' SEAL Residing at: -y' .�P�A Commission Expires: ' . (Use 4 digits for expiration year) Baxter Meadows Subdivision Phases 2 C&D Notice of Building Permit Restrictions Page 2 111111!IIIII IIIII IIIII illll IIIII IlIIIII I!I IIIII I!I!Ii1109/22/2006 220282OP Shelley Vance4allatln Co MT MISC 14.00 J-410 AFFIDAVIT CONCERNING REMAINDER TRACTS This statement is made by Gerald R.Williams, on behalf of Baxter Meadows Development, L.P., a Montana Limited Partnership, of P.O. Box 81487, Billings, MT 59108. 1. Baxter Meadows Development, L.P. is the developer of Sub-Phases 2C & 2D of the Baxter Meadows Development. 2. Gerald R. Williams is president of Baxter Meadows Construction Inc., the general partner of Baxter Meadows Development, L.P. 3. None of the original tracts of record of property owned by Baxter Meadows Development, L.P. that have or will become remainder tracts of less than 160 acres as a consequence of recognition of the Banter Meadows Sub-Phases 2C & 2D Subdivision were created for the purposes of transfer. Your Affiant further states that any subsequent transfer of said tracts will not . occur prior to filing of a subdivision plat or certificate of survey reviewed and approved by the City of Bozeman. FURTHER, AFFIANT SAYETH NAUGHT. L4 GERALD R. WILLIAMS 11 11 11 I l�111!111lI I!I!I I!(I(Iflll II(!(lllllll(1!fllll ill!llli 00/22/2006?z@2823A Shelley Vence-Gallatin Cc MT MISC 22.00 11 STATE OF MONTANA ) ss. COUNTY OF GALLATIN ) SUBSCRIBED AND SWORN to before me this,�-5day of , 2096 Notary Pub for the State of Montana Print Name: 7 Yam% rt�lo ;. ..,...... fd y Residing at: �x2inan, <�0�� ►4S`�i My Commission Expires: _ r ..S E A L. -T - i IIIIII IIIII Illll Iilll IIIII I III!I��IIIIIII�IIIIIIIIIll 2202f 23 Shelley Vance-Gallatin Cc MT MISC 22.00 MEMORANDUM To: Tim Cooper, Staff Attorney From: Lanette Windemaker, AICP; Contract Planner Date: September 12, 2005 RE: Baxter Meadows Phases 2 C and D Final Plat#P-05040 (Preliminary Plat, #P-03042) Attached please find the final plat submittal for the Baxter Meadows Phases 2 C and D Subdivision. Attached you will find the Original Platting Certificate, four (4) signed mylars. The applicant will be dropping off one paper copy and the full final plat submittal information. Bob Murray is reviewing the plat and Andy Kerr checked the plat for closure. Please review for completion, and advise me of your findings. Baxter Meadows Phases 2 C and D Subdivision Final Plat, generally located north of Equestrian Lane and east of Vaquero Parkway, were approved, subject to the following conditions. Planning Subdivision Specific Conditions-Phase IIA (Blocks 16, 18, 20 and Tracts IA, 1 B) and Phase IIC (Blocks 15, 17, 19 and 21): 1. If concurrent construction is approved for Phase IIA and IIC, a concurrent construction plan, for an approved final lot-specific plan that addresses all aspects of Section 16.22.030 may be submitted for review, evaluation and consideration. Subdivider shall remain responsible for all building permits until all infrastructure improvements are compete and accepted by the City of Bozeman. No occupancy shall be permitted until all infrastructure improvements are complete and all other conditions have been met. Not Applicable. 2. Applicant shall provide parking for Blocks 16, 18 and 20 of Phase IIA based on the following calculation: ((net building area (gross lot area minus 20%) x 2 (floors)) / 1,000) x 1.72. Applicant shall provide parking for Blocks 17,19 and 21 of Phase IIC at a ratio supported by a parking demand study on Blocks 16, 18 and 20 of Phase IIA but shall not be less than the requirement based on the following calculation: ((net building area (gross lot area minus 20%) x 2 (floors)) / 1,000) x 1.72. Applicant may use a combination of the following options.Not Applicable. net building area gross lot area minus 20%) x 2 (floors) x 1.72 1,000 Option 1. Applicant shall construct surface parking. Construction shall include but not be limited to continuous concrete curbs, asphalt, striping, drive approach, landscaping, and irrigation. Pursuant to Condition # 44, surface parking shall be constructed within 1 year of final plat approval and prior to occupancy of any structure. Option 2. Applicant shall construct a parking garage. Pursuant to Condition # 44, parking garage shall be constructed within 1 year of final plat approval and prior to occupancy of any structure. Option 3. Applicant shall establish an escrow account in the name of the POA for the sole purpose of providing parking, applicant shall place in the escrow account 150% of the cost of constructing the surface parking, applicant shall restrict on the plat all lots required to meet the surface parking needs, and applicant may reserve air space for other • • uses. Pursuant to Condition#43, all parking facilities shall be constructed within 4 years of preliminary plat approval. Option 4. Applicant shall establish an escrow account in the name of the POA for the sole purpose of providing parking, applicant shall place in the escrow account 150% of the cost of constructing a parking structure, applicant shall restrict on the plat all lots required to meet the parking structure needs, and applicant may reserve air space above the height of the parking structure for other uses. Pursuant to Condition # 43, all parking facilities shall be constructed within 4 years of preliminary plat approval. Nothing herein precludes the applicant from utilizing areas set aside for parking facilities (surface or garage) for other purposes provided these conditions are not violated and applicant submits to site plan review. Applicant shall covenant all lots required to meet the parking needs granting parking access to all purchasers of property in Blocks 16 thru 21 and the POA. Applicant shall make the POA responsible for liability insurance, taxes, use and maintenance of all parking facilities. 3. Applicant shall fulfill Condition # 2, for option 1 or 2, prior to occupancy of any structure, and if the Final Plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. If the applicant selects either option 3 or 4, it shall be fulfilled prior to filing the Final Plat. Not Applicable. 4. One-foot wide "no access" strips shall be placed along both sides of Baxter Lane to preclude direct lot access onto Baxter Lane. Not Applicable. 5. The mid-block utility/access easements shall be a minimum of 15' wide and shall include a pedestrian walkway. Not Applicable. 6. A minimum 50' watercourse setback pursuant to Section 16.14.170 shall be clearly delineated on the final plat, and shall include all adjacent wetlands. On-site stormwater treatment facilities may be located within the Zone 2 portion of the watercourse setback. Not Applicable. 7. Baxter Parkway shall be designed with parallel parking on both sides of the street. Not Applicable. 8. Phase IIC may not receive final plat approval prior to final plat approval of Phase 11 A. Not Applicable. Planning Subdivision Specific Conditions-Phase IIB (Blocks 9, 10, 11, 12, 13 and 14): 9. If concurrent construction is approved for Phase IIB, a concurrent construction plan that addresses all aspects of Section 16.22.030 may be submitted for review, evaluation and consideration. Subdivider shall remain responsible for all building permits until all infrastructure improvements are compete and accepted by the City of Bozeman. No occupancy shall be permitted until all infrastructure improvements are complete and all other conditions have been met. Complied with, see Tab 1. 10. A minimum 35' watercourse setback pursuant to Section 16.14.170 shall be clearly delineated on the final plat, and shall include all adjacent wetlands. Complied with. 2 • • Planning Subdivision Specific Conditions-All Phases: 11. Plans and specifications shall include detailed parking plans. These parking plans shall included full details for parking to be constructed immediately; and preliminary details, locations and costs for both the surface parking required to meet the PUD minimum requirements, as well as, the proposed parking garage. Provide sufficient design detail for the parking garage, including parking stall width and depth, driveway width, number of spaces, and ramp location to assure structure will fit on designated lot. In addition, provide a study from a professional engineer of licensed architect estimating the cost per space for the completion of the structure. The estimate should be based on recently constructed parking structures of similar size and characteristics.Not applicable. 12. Documentation of satisfaction of park dedication requirements in accordance with Section 16.14.100 of the Bozeman Subdivision Regulations shall be provided. For residential units, 0.03 acres per dwelling unit shall be dedicated for parkland. For non-residential (unless restricted to non- residential uses by deed) and multi-family, 11% of the total square feet of lot area shall be dedicated for parkland. Complied with,see Tab 2. 13. Applicant shall submit a formal development plan for the design of the dedicated parkland(s) for review and approval by the Bozeman Recreation and Parks Advisory Board, signed by a certified landscape architect. Details of plantings, species, topography, irrigation system, and any permanent park features shall be shown and discussed with the plan. The applicant shall obtain written approval from the Bozeman Recreation and Parks Advisory Board regarding the final design prior to submittal of the formal development plan for review and approval by the City Commission. Complied with, heard by the Board on August 11, 2005,see Tabs 3 and 4. 14. Applicant shall submit a formal development plan for the design of the dedicated parkland(s), for review and approval by the City Commission, signed by a certified landscape architect. Details of plantings, species, topography, irrigation system, and any permanent features shall be shown and discussed with the plan. Approval of the City Commission shall be obtained prior to installation of any improvements. The approved development plan shall be provided with the final plat. Complied with,see Tab 3 and 4. Approved by Commission on September 6, 2005. 15. Applicant shall submit a formal development plan for the design of all parkland(s), open space, watercourse setback, boulevards, pedestrian walks/pathways and center area for review and approval by the Superintendent of Facilities and Lands, signed by a certified landscape architect. Details of plantings, species, topography, irrigation system, and any permanent features shall be shown and discussed with the plan. Approval of the Superintendent of Facilities and Lands shall be obtained prior to installation of any improvements. The approved development plan shall be provided with the final plat. Complied with, see Tab 3 and 4. 16. Upon approval of the formal development plan by all 3 parties specified in the Conditions # 13, 14 and 15, the Applicant shall develop a Park Master Plan for all parkland and open space. The Master Plan will include a narrative that addresses the following topics: History of the Property; Description of the Existing Conditions; Needs Analysis of the Park; Proposed Present and Future Park Uses and Activities; Description of the Level of Service Designated for the Park, including mowing, fertilization, weed control, irrigation, snow removal, trash collection, and landscaping maintenance. The developed Master Plan will be submitted to the Superintendent of Facilities and 3 • 0 Land for review and approval by city staff, the Recreation and Parks Advisory Board, and the City Commission. Complied with, see Tab 3 and 4.Approved by Commission on September 6, 2005. 17. Applicant shall be responsible for installation of all parkland(s), open space, watercourse setback, boulevards/medians, pedestrian walks/pathways and center area related improvements. Construction of the improvements will be to the City standards and must be completed with City oversight, including a preconstruction meeting. Financially guaranteed. 18. Applicant shall be responsible for installation of pedestrian/equestrian trail(s) connecting to the pedestrian/equestrian trail(s) to the south and extending to the north end of the linear park. The specific trail(s) design(s) will be determined during the formal development plan approval process specified in Conditions # 13, 14 and 15, at a minimum the pedestrian trail will be constructed to the Class I1 design standards. Construction of the improvements will be to the City standards and must be completed with City oversight, including a preconstruction meeting. Financially guaranteed. 19. Applicant shall be responsible for installing landscaping and an irrigation system in the public right- of-way boulevard strips and medians along all external subdivision streets and adjacent to parkland(s), open space, watercourse setback, pedestrian walks/pathway and center areas pursuant to Section 16.14.110 of the Bozeman Subdivision Regulations. Financially guaranteed. 20. All landscaped common areas shall have an underground irrigation system installed in compliance with City standards and specifications. The applicant shall provide irrigation system as-builts in accordance with Section 16.08.090. Complied with. 21. Maintenance of common areas and facilities such as parkland(s), open space, rights-of-way, parking facilities, pedestrian walks/pathways and center area, etc. shall be provided by the developer and/or homeowners' association in accordance with Section 16.14.130. Complied with, see Tab 5 pages 19- 22. 22. The Final Plat shall contain the following language that is readily visible with lettering on the plat at a minimum width of 3/16 inch in height, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision: "Due to relatively high ground water table within the areas of the subdivision, it is not recommended that residential dwellings with full basements be constructed without first consulting a professional engineer. If daylight basements are incorporated in the construction of residential dwellings, they should not have a depth greater than three (3) feet below the top of the curb or crown of the street from which it is served." Complied with. 23. Applicant shall provide a soils report, along with building plans, to the Building Division, recommending types of foundations. If development shall occur in phases, the soils report may address those lots within the proposed phase. Complied with. 24. Subdivision lighting shall be incorporated into the subdivision by one of the following: a) the subdivider shall install street and pathway lighting throughout the subdivision pursuant to Section 16.14.230 of the Bozeman Subdivision Regulations. Lighting shall be maintained by means of the Property Owners' Association through Protective Covenants; or b) the subdivider shall participate in a Street Improvement Lighting District (SILD) for the provision of street and pathway lighting pursuant to Section 16.14.230 of the Bozeman Subdivision Regulations. All subdivision lighting 4 • • provided shall conform to Section 16.14.230 of the Bozeman Subdivision Regulations. A lighting plan including isofootcandle plots and description of the proposed equipment, with details and specifications (cut sheets), bulb type and size, and locations shall be provided with the final plat and subject to review and approval by the Planning Department. Financially guaranteed until completed through the SILD. 25. Prior to final plat approval, a Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of county declared noxious weeds. A signed copy of this Understanding must be provided to the Planning Department. Complied with,see Tab 10. 26. A declaration of covenants for this subdivision must be included and recorded with the Final Plat that specifically includes the provisions from Section 16.34.030. A draft of these covenants must be submitted for review and approval by the Planning Department prior to filing and recordation with the Gallatin County Clerk and Recorder. Complied with, see Tabs S, 6 and 7. 27. Prior to final plat approval, a property owners' association shall be established for maintenance of subdivision streets, common open space, centers, parking facilities, pathways and trails, boulevards and medians, alleys, storm water facilities and/or parks pursuant to Section 16.34.020. A draft of these documents must be submitted for review and approval by the Planning Department at least 30 days prior to filing and recordation with the Gallatin County Clerk and Recorder. Complied with,see Tabs S, 6 and 7. 28. Prior to final plat approval, a common area and facility maintenance plan and guarantee shall be provided for the permanent care and maintenance of commonly owned open spaces, recreational areas, facilities, private streets and alleys, and parking facilities. The same shall be submitted to the city attorney and shall not be accepted by the city until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Planning Department at least 30 days prior to filing and recordation with the Gallatin County Clerk and Recorder. Complied with, see Tab S page 19-22. 29. The landowner agrees to provide the City with a payback of$15,000 per the payback schedule dated May 10, 2001, for the North 19`h Avenue/Baxter Lane signalization. Of this total payback, the landowner agrees to pay $ 0.00215216 per square feet of gross area platted to the City prior to final plat approval for each phase of the development. Complied with. Copy of check attached. 30. Executed waivers of right to protest creation of special improvement districts (SIDS) acknowledging that the City will not assume dedication and/or maintenance of the local private streets that vary from City standards unless the street(s) are brought up to City standards, or the property owners agree to an assessment to fund improvements required to bring the street(s) up to City standards. The waiver shall be filed and of record with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the filed documents shall be submitted with the final plat. Complied with, see Tab 11. 31. Executed waivers of right to protest creation of special improvement districts (SIDs) for a park maintenance district shall be filed and of record with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the filed documents shall be submitted with the final plat. Complied with,see Tab 11. 5 • • 32. Executed waivers of right to protest creation of special improvement districts (SIDs) for the following future improvements: Baxter Lane and North 19th Avenue signal improvements, Baxter Lane and Baxter Parkway signal improvements, and North 19th Avenue improvements shall be filed and of record with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the filed documents shall be submitted with the final plat. Complied with, see Tab 11. 33. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat approval. If the final plat of the subdivision is filed in phases, water rights will only be required for each phase as the final plat for that phase is filed. The amount of water rights required will be determined by the Director of Public Service based on the proposed final plat(s). Complied with, copy of check attached. 34. Property restrictions shall be placed on all original tract(s) of record of this property that are or through this subdivision will become remainder tract(s) of less than 160 acres. The property restrictions shall be filed and of record with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the filed documents shall be submitted with the final plat. The tract(s) shall be legally described and the following statement shall be placed on the tract(s): Complied with. "Ownership of this tract of land is restricted by covenant running with the land, revocable only by mutual consent of the City of Bozeman and the property owner, that the divided land will be used exclusively for farming purposes. No building or structure requiring water or sewer facilities shall be utilized on the tract. A change in use of the land for anything other than agricultural purposes subjects the division to the Bozeman Municipal Code and the Montana Subdivision and Platting Act." 35. Prior to Final Plat approval, written verification that utilities can be installed in the proposed utility easements shall be obtained from all local utility agencies. Complied with, however it appears that Bresnan's concerns have not been met. 36. Prior to Final Plat approval, a Final PUD Plan, complying with the requirements of Chapter 18.36 of the Bozeman Unified Development Ordinance, shall be submitted for review and approval. The Final PUD Plan is in the process of being approved. 37. The Certificate of Dedication shall be shown on the final plat and shall include the following statement(s): Complied with. "The above-described tract of land is to be known and designated as (name of subdivision), City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys, and parks or public squares shown on said plat are hereby granted and donated to the City of Bozeman for the public use and enjoyment. The lands included in all streets, avenues, alleys, and parks or public squares dedicated to the public are accepted for public use, but the City accepts no responsibility for maintaining the same. The owner(s) agree(s) that the City has no obligation to maintain the lands included in all streets, avenues, alleys, and parks or public squares hereby dedicated to public use. The lands included in all streets, avenues, alleys, and parks or public squares dedicated to the public which the City accepts responsibility for maintaining include (list specific lands). "The undersigned hereby grants unto each and every person, firm, or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, internet or cable television service to the public, the right to the joint use of an easement for the construction, maintenance, 6 repair and removal of their lines and other facilities in, over, under and across each area designated on this plat as `Utility Easement' to have and to hold forever." 38. The Certificate of Completion of Improvements shall be amended to list all improvements not completed. Complied with. 39. The Certificate of Exclusion from Montana Department of Environmental Quality Review shall be shown on the final plat and the Release of Sanitary Restrictions removed from the final plat. Complied with. 40. Any unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State of Montana. Complied with. 41.No sub-phases of Phase IIA, IIB and IIC shall be permitted except the applicant may submitted a Phase IID consisting of Tracts 1A and 1B subject to all applicable conditions of final plat approval. Complied with per Debbie Arkell,Director of Public Service. Planning Code Provisions: 42. The Final Plat shall conform to all requirements of the Bozeman Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3-1/2" floppy disk; and five (5) paper prints. Complied with. 43. Conditional approval of the Preliminary Plat shall be in force for not more than three calendar years, as provided by State statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. The Preliminary Plat was approved by the City Commission on February 2, 2004. 44. If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If the Final Plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. An IA and Financial Guarantee have been provided. There are changes that appear to be required to section 3 of the IA. I have provided the applicant with a copy of the changes and it is also attached for you information. 45. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval has been satisfactorily addressed. Complied with. Engineering Subdivision Specific Conditions: Bob Murray is reviewing the plat submittal. 46. Stormwater Master Plan: 7 A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located on easements within privately owned lots. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the FSP for each lot and/or phase. 47. A street and traffic control signage plan for the subdivision shall be prepared and implemented upon review and approval by the City Engineer. 48. Any improvement placed in the public right of way shall be approved by the City Engineering Office. 49. Pursuant to Section 16.16.0l.A. of the Bozeman Municipal Code, Baxter Parkway, including sewer, water, and other necessary infrastructure, shall be constructed adjacent to the west property boundary of Tract 1, and shall extend approximately 1700 feet to the south and east to the boundary of Phase 5. Baxter Parkway shall be constructed to a standard roadway section as approved by the City Engineering Office. The applicant is advised that further development of Tract 1 will likely require a secondary access be provided. 50. The location of existing water and sewer mains shall be properly depicted, and proposed main extensions shall be noted as proposed on the infrastructure plans and specifications. 51. Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure. 52. As part of the infrastructure plans submittal, 100-year flood elevations shall be computed for the Baxter-Border Ditch, and the limits of flooding identified. If flooding limits encroach onto proposed lots, this shall be noted on the final plat along with a minimum floor elevation for the structures to be constructed on the lots. 53. Baxter Lane shall be fully improved to the appropriate typical section where adjacent to Phase 2, which extends from the west boundary of Phase I improvements through the intersection of Caspian Avenue. The entire length shall be constructed with Phase 2A. 8 • • 54. All street names are subject to approval by the City Engineer. 55. The applicant shall provide easements, in a form acceptable to the city, for all on and off site sewer and water improvements. All water and sewer main easements shall be a minimum of 30 feet wide. 56. Easements shall be provided for all offsite drainage facilities. 57. Utility easements shall be granted on the final plat in accordance with the requirements of Section 16.14.060 of the City Subdivision Regulations. 58. City standard sidewalks shall be constructed on all public and private street frontages prior to occupancy of any structure as per the terms and conditions of Section 16.14.050 of the Bozeman Municipal Code. 59. For Phases 2A and 2C, sidewalks shall be installed to provide pedestrian access to parking needed by any particular structure prior to occupancy of said structure. This condition does not replace the need to meet 16.14.050 of the Bozeman Municipal Code. 60. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, MPDES etc.) shall be obtained prior to construction of the associated improvements. 61. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, private streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. 62. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre- construction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless approved for concurrent construction. 63. All proposed manholes need to be accessible to the city's large flusher truck. The applicant shall submit an all weather access plan with the project infrastructure plans subject to approval by the City Water/Sewer Superintendent. 64. The Property Owners' Association shall be responsible for the maintenance of all storm water facilities constructed for the project. Complied with. 9 65. The applicant shall obtain permission from the appropriate ditch companies to discharge storm runoff into the ditches and for any relocation(s). 66. All ditch easements and setbacks shall be shown on the final plat. 67. No on-street parking shall be permitted within 20 feet of a crosswalk at any intersection. 68. All of the recommendations made in the Traffic Impact Analysis for the Baxter Meadows Development by Robert Peccia & Associates, dated October 2001, and the updated report, dated October 2003 shall be implemented with Phase 2 unless the improvements are specifically identified to be completed with a later phase. A portion of the report requires updating as noted in Conditions # 70 and # 71, each updated section and subsequent recommendations shall be subject to approval of the City Engineer and the approved recommendations shall be implemented with phase 2. 69. The updated Traffic Impact Study prepared by Robert Peccia and Associates identified the need for a traffic signal at the intersection of Baxter Parkway and Baxter Lane upon the completion of Phase 6 of the development. In addition, the report recommended the installation of left turn bays on each approach of the intersection in order for the signal to function properly. Sufficient pavement width shall be included in the design and construction of this intersection, along with the installation of underground conduits for the signal wiring and necessary right-of-way dedication with the Phase 2 final plat. 70. The Traffic Impact Study recommended a dedicated left turn lane at the intersection of Charolais Avenue and Baxter Lane, along with a roundabout at the intersection of Baxter Lane and Caspian Avenue. As the current submittal does not include these recommended improvements, the applicant's traffic engineer shall address these issues in an update to the original traffic study. Any modification to the original study shall be approved by the City Engineer 71. The Traffic Impact Study recommended that a grade separated pedestrian/bicycle crossing under Baxter Lane near Baxter Parkway be implemented as part of the Baxter Meadows project. Either design and install the crossing with Phase 2 of the project, including the dedication of necessary right of way, or provide an update to the traffic impact study with justification and details on how the crossing can be installed safely as an at grade crossing. Any modification to the original study shall be approved by the City Engineer. 72. The north access to Block 15, the apartment site, shall line up directly across from the proposed alley in Phase 4. 73. All easements identified in the title report shall be depicted on the final plat. 74. The Certificate of Surveyor on the final plat shall be in conformance with Section 16.32.050 of the Bozeman Municipal Code, Subdivisions. 75. A breakdown of areas shall be provided for each phase on the final plat. 76. The final plat shall clearly state which streets are privately maintained. 10 • 0 77. Pursuant to the recommendations of the Traffic Impact Study, prepared by Robert Peccia and Associates, any damage of Baxter Lane from the intersection with North 19t' Avenue to the entrance of the project, caused by project construction activities, shall be repaired by the applicant. The applicant shall agree to repair any damage within one week of notification by the City that repairs are required. The applicant shall maintain the existing bond of$10,000 which was submitted with Phase 1 of the project. 78. The City will only accept public maintenance of the streets in Phase 2B that are located to the west of the east side of the intersection of Gallatin Green Boulevard and Equestrian Way. 79. City standard sidewalks shall be installed on the west side of Baxter Parkway. 80. If concurrent construction is utilized for Phase 2A and 2C, all alleys shall be paved within 2 years after final platting, or 4 years after preliminary plat approval, whichever occurs first. The alley shall be required to be paved once foundations and utilities are in place for all adjacent lots, which will be conditioned during the site plan approval process. 81. If concurrent construction is utilized for Phase 2B, all infrastructure, shall be installed and accepted by the City prior to occupancy of any structure, with the exception of alleys which may utilize a gravel standard as approved by the City Engineer until such time as all adjacent foundations are installed. All alleys shall be paved within 2 years after final platting, or 4 years after preliminary plat approval, whichever occurs first. 82. The property owners dependent on the sewage lift station shall be responsible for financing the costs of its operation and maintenance, which will be the responsibility of the City. The applicant shall agree in writing to a surcharge to cover the costs of operating and maintaining the lift station. The agreement shall be filed with the final plat and shall apply to all heirs, successors and assigns. The agreement shall be subject to approval by the City Engineer and the City Attorney. 83. As stated in the subdivision preliminary plat submittal, all alleys will be paved to a minimum of 20 feet. Snow removal responsibilities in all alleys shall be private. Other maintenance needs in the alleys shall be the responsibility of the City. Please prepare a City Attorney's Certificate using the attached ORIGINAL copy of the Platting Certificate and approve the Certificates of Director of Public Service and Certificate of Exclusion from MDEQ Review"as to form". If you find this submittal acceptable, please place it as an item on the next available City Commission Agenda. Attachments: Four(4) signed Mylars of Final Plat Original Platting Certificate Full Final Plat Submittal (provided by applicant) One paper Copy of Final Plat(provided by applicant) cc: Debbie Arkell, Director of Public Service with copy of plat. Robin Sullivan, Clerk of Commission with copy of plat and memo. Baxter Meadows Development, LP, P.O. Box 81487, Billings, MT 59108-1487 T.D.&H., 215 West Mendenhall, Suite C-1, Bozeman, MT 59715 Cadius Partners, P.O. 11427, Bozeman, MT 59719 11 PLAT OF BAXTER MEADOWS SUBDIVISION, PHASES 2C & 20 SURVEY FUaOSE:ro C C,m r, IS No 5 vARA v,RDOs. TWO TRACTS OF V 10 BEING A PORRON OF ME RENANDER OF R T 2A OF CERRi1CATE OF SURVEY NO.2202A LOCATEO IN ME SOUMWEST 1/4 AND ME SOUMEAST 1/4 OF SECOON}a, DE CONN159pSX Or MK SURVEY K PC OfT4OPNFlr1. 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BOX 1230 c --- - :�8 Bozeman, Montana 59771-1230 D rya a��v ADDRESS SERVICE REQUESTED sic p 9 2005 AND CpMM NN DF��NN/N6 CDPtijEM. • i CITY OF BOZEMAN *+�* CUSTOMER RECEIPT +�** Oper: CASHIER Type: FC Drawer: 1 Date: 9/09/85 01 Receipt no: 39256 Description Quantity Amount WR PAY IN LIEU WATER RIGHTS ' 1.80 48289.86 BAXTER MEADOWS-PH 2C WR PAY IN LIEU WATER RIGHTS 1.00 $4212.88 BAXTER MEADOWS-PH 2D Tender detail CK CHECK 1595 $12582.74 Total tendered $12502.74 Total payment $12502.74 Trans date: 9/09/05 Time:,-,9:05:57 THANK YOU! BOZO, • CITY F B ZE C O O MAN +J 9x Bozeman, Montana Date: August 19, 2005 CASH IN LIEU OF WATER RIGHTS For a Residential Property Project Name: Baxter Meadows Phase 2C Applicant Name: Baxter Meadows Development LP Applicant Address: P.O. Box 81487 Billings, Montana 59108 Area: 9.500 acres Zoning: R-3, B-2 *13-2 limited through P.U.D. to residential Water diversion requirements based on zoning (some rounding in the following figures is indicated,but not used in the calculation of the final dollar amount) 9.500 acres X 6.4210 units per acre = 61.000 dwelling- units 61.000 units X 2.5 per/unit = 152.50 persons 152.50 persons X 135 gpcd X 365 day/year = 7,514,437.500 gallons per year 23.061 acre feet per year Cash-in-lieu amount 23.061 ac-ft X $30.55/ac-ft X 11.7668 = TOTAL CASH-IN-LIEU AMOUNT: $8,289.86 NOTE: The value calculated for the cash-in-lieu amount is equal to the C:ity's expenses for an equivalent amount of water, on an annual basis, drawn from Hyalite Reservoir. This expense is calculated on the City's annual payments to the Middle Creek Water Users' Association of$30.55 per acre-foot, at present-worth, based on the 40-year rehabilitation lc�an @ 8.125%. Street address;411 E.Main St. Phone: (406) 592-2300 Mailing address:P.O. Box 1230 Fax:(406) 582-2344 Bozeman,Montana 59771-1230 TDD: (406) 582-2301 4 °4 802�+ • CITY OF BOZEMAN • Bozeman, Montana L• Cp �p Date: August 19, 2005 CASH IN LIEU OF WATER RIGHTS For a Residential Property Project Name: Baxter Meadows Phase 2D Applicant Name: _Baxter Meadows Development LP Applicant Address: P.O. Box 81487 Billings, Montana 59108 Area: 9.093 acres Zoning: R-3 Water diversion requirements based on zoning some rounding in the following figures is indicated,but not used in the calculation of the final dollar amount) 9.093 acres X 3.4092 units per acre = 31.000 dwelling units 31.000 units X 2.5 per/unit = 77.50 persons 77.50 persons X 135 gpcd X 365 day/year = 3,818,812.500 gallons per year 11.1 95 acre feet per year Cash-in-lieu amount 11.7195 ac-ft X $30.55/ac-ft X 11.7668 = TOTAL CASH-IN-LIEU AMOUNT: $4,212.88 NOTE: The value calculated for the cash-in-lieu amount is egaal to the City's expenses for an equivalent amount of water, on an arnual basis, drawn from Hyalite Reservoir. This expense is calculated on the City's annual payments to the Middle Creek Water Users' Association of$30.55 per acre-foot, at present-worth, based on the 40-year rehabilitation loan @ 8.125%. Street address:411 E. Main St. Phone: (406) 582-2300 Mailing address: P.O.Box 1230 Fax: (406) 582-2344 Bozeman,Montana 59771-1230 ^DD: (406) 582-2301 ----------------------- -- ------- 10IBAXTER MEADOWS DEVELOPMENT L P 1 �f� 1595 101038TtT 207 N BROADV AY,STEE, MZ-t BILLINGS, MT 5910149/5 � � 4? `d DATE � Y PAY TO THE 99QER OF t a Y),111POW- �` La- la I op4 1 l fit + + I•/! Q 3 L t:A R s Interstate .�� � • CITY OF BOZEMAN • v9 Bozeman, Montana.. Bate: August 19,20M CASH 1N LIEU OF WATER RIGHTS For,a Residential Property Project Name: Baxter Meadows Phase 2C ApplicantName: Baxter Meadows Development LP Applicant Address: P.O..Box 81487 B61ings,Montana 59108 ` Area: 9.500 acres Zoning_ R-3, B-2 `13-2 ftited ftaimp P.m to residential Water diversion requirernents based on zoning (somertwndminftW wfttamisin%m*d.WCOusedin1taat Aabwdieswatdftamaso 9.500 acres X 6.4210 units per acre = '61.000 dwelling units 61.000 units X 2.5 perlunit = 152.50 persons 152.50 persons X 135 gpod X 365 daylyear = 7,514,437.500 gallons per year 23.061 acre feet per year Cash-in-1"eu anw nt 23.061 ac4t X$a30.551ac ft X 11-7668 = TOTAL CASH4WLIEU AMOUNT: $8,289.86 NOTE: The value calculated for the cash-in-lieu amount is equal to the Cit)(s expenses for an equivalent amount of water,on an annual basis,drawn from Hyafte Reservoir.Ttks expense is calculated on the CiYs annual p&ynents to the Viddle Creek Water Users'Association of$30.55 per acre-foot,at present-mwth,based can the 40-year neaabDitation loan @ 8.125%. Street addrm-411 L Main Sr- Phone (406)S82-2300 MoTmg ad&cn.1'©_1az 1230 F=(406)582-2344 $ozem.-an,Montana S9771-123AD TDD:(406)582-2301 0 �� '� • CTTY OF BOzmm Bozeman, Montana r+aye C06 Date. August Igo 2005 CASH IN UEU Of WATER RIGHTS For a Residential Property Project Name: Baxter Meadows Phase 2D Applicant Name: Baxter Meadows Development LP Applicant Address:T0. Box 81487 Bi}1i s, Montana 59108 Area: 9.093 acres Zoning: R-3 Water diversion requirements based on zoning (socemtx gintne �g isind a autWwWin+erect MMaffakw*ftWW=r4 9.093 acres X 3.4092 units per acre = 31.000 dwelling units 31.000 units X 2.5 perlunit = 17 personas, 77.50 persons X 135 gpcd X 365 day/year = 39818,812.500 gaits per year 11:.7195 acre feet per year Cash in-:lieu amount 11.7155 ae tt X$30.55rac ft X 11_?76 8 TOTAL CASH4N-LIEU AMOUNT: $4,212v88 NOTE: The vatue calculated for the cash4n-tieu amount is equal to the Uys expenses for an equivalent amount of water,,on an ainuai basis..drawn from Hyalite Reservoir-This expensee'is calculated on the CfYs annual payments to the Diddle Creek Water Users!Association of:$30,55 per acre-foot,at present-worth, based on the 40-year rehabifttation ioan @ 8_125%0. Street address:411 E.Main St. Photc:(406)592-2300 Mairng address:l'.0-BFx 1230 Fay(406)552-2344 Bozeman,Montana 597771-1230 TiflD_(406)582-2301 these docents must be 4jknitted for review and approval by dilelannmig Department at least 30 days prior to filing and recordation with the fiallatin County Clerk and Recorder. 11-_-a_�, .�.a., I>ttEl� fOr, re r to the 93-16ai92R, 1594 article 5 SE 207 N BROADWAY,STE. MZ-1 BILLINGS, MT 59101-1915 Doi ;-, DATE 28. Pr 1 a shall be Pr aanTaoF e � D I a .._ Yf_ rational az` j a ` 4 :ed to the cll ,;kz DOLLARS draftt. A Mp Of First �kftr.2M Ba* it at least 3tG�w interstate e �, ro e Bank / M�tane 5BSt6 � j do -,':0 9 2 90 1 LB 31:4 1010 38 7 170 1594 M-1nn' g D 1Dedarafion for Bad Meadows Master Community- ('Lab 5, Article 5, Section 53 (i), page 20). 29. The landowner agrees to.provide the City with a payback of$15,000 per the payback schedule dated May 10, 2001, for the North l9P Avenue/Baxter Lane signalization. Of this total payback, the landowner agrees to pay $ 0.00215216 per Square feet of grass area platted to the City prior to final plat approval for each phase of the clevelopment. R: The appficant agrees to puck and has provided payments?based on the schedule below: S 2,08&01 for Revised Sub-Phases.2C(Blacks M 13& 14)&2D(Blocks 9,10& 11) (22.27 acres x 43,560 SF per acre=970,192 gsf in final plat 2C&2D)x.00215216) 30.Executed waivers of right to protest creation of special improvement districts(SMs)acknowledging that the City will not acre dedication and/or maintenance of the local private streets that vary from City standards unless the sft*s) are brought up to City standards, or the property owners agree to an assessment to farad improvements rewired to bring the street(s) cap to City standards. The waiver shall be filed wA of record with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the filed documents shall be submitted with the final plat. R: A recorded copy of the Waiver eompleted for Phase D is indaded,See(fab 11). 31.Executed waivers of right to protest creation of special improvement districts (SIDS) for a park maintenance district shall be filed and of record with the Gallatin County Clerk and Recorder prior to final plant approval. A copy of the filed documents shall be submitted with the final plat. RA A.recorded copy of the Waiver comp for phase D is included.See(Tab 11). 32.Executed waivers of right to protest creation of special improvement districts (SIDs) for the following future knprovements: Balder Lane and North 10 Avenue signal improvements, Baxter Lane and Baxter Parkway signal improvements, and North 10 Avenue improvements shall be filed AFFIDAVIT CONCERNING REMAINDER TRACTS This statement is made by Gerald R. Williams, on behalf of Baxter Meadows Development, L.P., a Montana Limited Partnership, of P.O. Box 81487, Billings, MT 59108. 1. Baxter Meadows Development, L.P. is the developer of Sub-Phases 2C & 2D of the Baxter Meadows Development. 2. Gerald R. Williams is president of Baxter Meadows Construction Inc., the general partner of Baxter Meadows Development, L.P. 3. None of the original tracts of record of property owned by Baxter Meadows Development, L.P. that have or will become remainder tracts of less than 160 acres as a consequence of recognition of the Baxter Meadows Sub-Phases 2C & 2.D Subdivision were created for the purposes of transfer. Your Affiant further states that any subsequent transfer of said tracts will not occur prior to filing of a subdivision plat or certificate of survey reviewed and approved by the City of Bozeman. FURTHER, AFFIANT SAYETH NAUGHT. GERALD R. WILLIAMS STATE OF MONTANA ) ss. COUNTY OF GALLATIN ) SUBSCRIBED AND SWORN to before me this�541j—day of 4- , Zg9�6 Notary Publ for the State of Montana Print Name: ?o/le Residing at: p�Y�1a,2, /tAq/L f� �- (SEAL) My Commission Expires: ((y AGREEMENT FOR CONCURRENT CONSTRUCTION IN BAXTER MEADOWS PHASE IIC &D PUD MAJOR SUBDIVISION THIS AGREEMENT is made and entered into this day of p i ) , 2005, by and between Baxter Meadows Development, L.P., Baxter Meadows Construction, Inc., its General Partner, Gerald R. Williams, President, P.O. Box 81487, Billings, MT 59108-1487, hereinafter called the"Subdivider",and the City of Bozeman,a Municipal Corporation and political subdivision of the State of Montana,with offices at 411 East Main Street,P.O.Box 1230,Bozeman,MT 59771- 1230, hereinafter called the "City". WHEREAS, it is the intent of the Subdivider to obtain building permits to proceed with single-household dwelling units on Block 9,Lot u;Block, I I Lots 4 and 8;Block 12,Lots 5—10, 15 and 16;and Block 13,Lots 12- 16 of Baxter Meadows Phase II C and D PUD prior to installation of all required subdivision improvements in accordance with Section 18.74.030.D of the City of Bozeman Unified Development Ordinance and the City of Bozeman Ordinance 1532 and 1533;and WHEREAS,it is the intent and purpose of both the Subdivider and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements,related with the property hereinafter described;and it is the intent of this Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements. NOW,THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to and includes those properties which are designated as"R-3"(Residential Medium Density District)and"B-2"(Community Business District)on the City of Bozeman Zoning Map, and is legally described as a portion of S `/2 of Section 34, T1 S, R5E, PMM and the NE '/4 of Section 3, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana, consisting of 16 lots located north of Equestrian Lane and west of Vaquero Parkway,Bozeman,Montana as proposed by the Preliminary Plat of Baxter Meadows Phase 11 PUD,subject to all existing easements or record or of fact. 2. Improvements This Agreement specifically includes: a) installation of sewer and water main extensions, b)street improvements, c) and related storm water drainage.improvements. The Estimated Cost of said Baxter.-lVleadow`s'PhaseTlC&D'°RUD:Concurrent`Construction;IA.#P-05040: `` "'Pa ea AV' ' 0 • improvements has been estimated by T, D & H, Inc., 215 West Mendenhall, Suite C-1, Bozeman, MT 59715, at Four Hundred Seventy Thousand and Forty-Four Dollars and 80/100 ($470,044.80) and is attached and made a part of this Agreement, as Exhibit A. 3. Financial Guarantee, Time for Completion of Improvements It is the Subdivider's intent with this Agreement to obtain building permits prior to completion of all required subdivision improvements. Therefore, this Agreement shall be secured by a financial guarantee in the form of a Letter of Credit issued by First Interstate Bank,401 North 31St Street, Billings,Montana 59116, dated August 22,2005,in the amount of Eight Hundred Thirty-Four Thousand, Nine Hundred Fifteen Dollars and 80/100 ($834,915.80) which is more than one hundred and fifty(150)percent of the Estimated Cost of said improvements. The financial guarantee shall be in full force and effective until the work is completed by the Subdivider and accepted by the City of Bozeman. Said financial security shall be in the form of a surety bond,certificate of deposit,or cash. The Subdivider hereby agrees that the improvements will be completed within four(4)years of the date of initial Preliminary Plat approval by the City Commission,July 6, 2004, in order to avoid default on the method of security. 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Subdivider is in compliance with this Agreement, and the Subdivider shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. 5. Default Time is of the essence for this Agreement. If the Subdivider shall default in or fail to fully perform any of its obligations in conformance with the time schedule under this Agreement,and such default or failure shall continue for a period of thirty(30)days after written notice specifying the default is deposited in the United States mail addressed to the Subdivider at Baxter Meadows Development, L.P., P.O. Box 81487, Billings, MT 59108-1487, or such other address as the Subdivider shall provide to the City from time to time,without being completely remedied,satisfied,and discharged, the City may elect to enforce any of the following specified remedies: a. The City may,at its option,declare the financial guarantee to be forfeited and secure the complete construction and inspection of the improvements described herein. The City's representative,contractors, and engineers shall have the right to enter upon the property Baxter Meadows Phase IIC&D PUD Concurrent Construction.IA#P-05040 ':'Pa e.2 ti and perform such work and inspection,and the Subdividers shall permit and secure any additional permission required to enable them to do so. In the event that any funds remain from the financial guarantee upon completion of all improvements, such funds shall be promptly returned to the Subdivider. b. The City may enforce any other remedy provided by law. 6. Imdemnification The Subdivider shall indemnify,hold harmless,and defend the City of Bozeman against any and all claims, at Subdivider's own expense, arising out of or resulting from the acts or omissions of Subdivider or its agents, employees, or contractors, whether negligent or otherwise, in connection with the performance of work described in this agreement. The City shall be responsible for any claims arising from negligence or willful misconduct on the part of the City or its agents or employees,except the Subdivider shall be responsible for those claims of negligence and misconduct arising from the Subdivider,its agents,or employees not providing to the Municipality,its agents or employees, information relevant to the subject matter of this agreement.The parties shall cooperate in the defense of Claims and shall furnish records, information, and testimony and attend proceedings, as may be reasonably necessary. 7. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, including fees, salary and costs of in-house counsel including City Attorney. 8. Warranty The Subdivider shall warrant against defects of all improvements and that these improvements are made in a good and workman-like manner for a period of one(1)year from the date of their written acceptance by the Governing Body. 9. Governing Law This Agreement shall be construed according to the laws of the State of Montana. In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 10. Modifications or Alterations No modifications or amendment of this Agreement shall be valid,unless evidenced by a writing by Bazter-Mel doors Phase'IIC&D-PUiD Concurrent.Co nsir.uction:IA4P=05046. Pa e 3 .Illy the parties hereto. 11. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 12. No Assignment It is expressly agreed that the Subdivider shall not assign this Agreement in whole,or in part,without prior written consent of the City. 13. Successors Except as provided in paragraph 12,this Agreement shall be binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. 14. Acknowledgement of Increased Risk The Subdivider acknowledges in accordance with the terms of Bozeman City Ordinance No. 1532, Section 1.3.f,recognizes,acknowledges and assumes the increased risk if loss because certain public services may not exist at the site. 15. Occupancy of Structures The Subdivider,in accordance with the terms of Bozeman City Ordinance No. 1533,Section 3.3.11 and Bozeman City Ordinance No. 1532 Section 1.31 recognizes and acknowledges that no structures will be occupied or commencement of any use constructed or proposed within the boundary of the PUD or TND will be allowed until all conditions of the initial Preliminary Plat approval by the City Commission, August 18, 2003, have been met, and all required infrastructure improvements have been completed,inspected and accepted by the City of Bozeman and a Certificate of Occupancy has been issued. 16. Incremental Issuance of Building Permits The Subdivider,in accordance with the terms of Bozeman City Ordinance No. 1533,Section 3.3.1.d and Bozeman City Ordinance No. 1532 Section 1.3.d recognizes and acknowledges that building permits may be issued incrementally, dependent on the status of installation of the infrastructure improvements, for The Village Downtown PUD. 17. Supplemental Fire Hazard and Liability Insurance The Subdivider,in accordance with the terms of Bozeman City Ordinance No. 1533, Section 3.3.1.d Baiter 1VIeadows Phase'iIIC&D:PUD777- Concur.rent Construction:IA#P=05040 . x„'` P,a e 4 and Bozeman City Ordinance No. 1532 Section 1.3.d will provide fire hazard and liability insurance with the City named as an additional insured. PROPERTY OWNER Baxter Meadows Development, L.P., Baxter Meadows Construction, Inc., its General Partner, Gerald R. Williams, President STATE OF�III G-k ha\A,) � " :ss County of (a.f a-� n ) On this a5 Nay of A , 2005, before me, the undersigned, a Notary Public for the State of Montana, p onally appeared Gerald R. Williams, known to me to be the President, of Baxter Meadows Construction, Inc., the General Partner of Baxter Meadows Development, L.P., the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (Signature above (Seal) (Printed Name above) Notary Public U,pnaA/ tate of Montana Residing at: IV 6rk-l'Gt*.. Commission Expires: Jtdu 31,"lee-4- (Use 4 digits for expiration year) BagteE Meadows Bhase"-UC&D`RURConcurrent Consiruc66n"1A4P-05040 _ ,age,5 y THE CITY OF BOZEMAN Andrew C. Epple, AICP UU Planning Director STATE OF MONTANA ) :ss County of Gallatin ) On this day of NT , 2005, before me, a Notary Public for the State of Montana,personally appeared drew C.Epple,AICP,known to me to be the person described in and who executed the foregoing instrument as Planning Director of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that she executed the same for and on behalf of said City. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. s (Signature above) XAOTAql (Seal) _ *, < : _ (Printed Name above) S * Notary Publi�State of Montana ' ••Q- Residing at: 7.P M(\ v,\, pF�::.��,((P�o` Commission Expires: (Use 4 digits for ex iration year) Baiter°1Vleadows�Phase�IIG&D'PUD`Concarrent:Constriiction IAA#.P.r05040 � .� „�-, _ ��: �. -,--.:?�.Pa e�6;- s CONCURRENT INSTALLATION OF INFRASTRUCTURE HOLD HARMLESS AGREEMENT BAXTER MEADOWS PHASE IIC & D PUD MAJOR SUBDIVISION This agreement is made and entered in to this day of , 2005,. by and between Baxter Meadows Development, L.P., Baxter Meadows Construction, Inc., its General Partner, Gerald R. Williams, President, P.O. Box 81487, Billings, MT .59108-1487,. hereinafter referred to as "Subdivider" and the City of Bozeman, a Municipal Corporation of the State of Montana, hereinafter called the "City". 1. The Subdivider agrees to release, indemnify and hold harmless the City, its officers, directors, agents and employees from and against any suit, cause of action, claim, cost, expenses, obligation, and liability of any character, including attorney's fees, which are brought or asserted for any injury, death, or physical damage to property received or sustained by any person, persons, property, business or any other entity, arising out of or resulting from, or in connection with the issuance of building permits pursuant to the approved planned unit development for Baxter Meadows Phase IIC and D PUD Major Subdivision, and Section 18.74.030.D of the City of Bozeman Unified Development-Ordinance. 2. Subdivider agrees to defend the City, its officers, directors, agents and employees, should City, its officers directors, agents or employees be named as a defendant in any actions concerning the issuance of building permits described herein. The obligations of the Subdivider to release, defend, indemnify and hold harmless the City, will apply to any suit, cause of action, claim, cost or obligation including, without limitation, those alleged under the common law or pursuant to a federal or state statute or regulation such as those arising in tort, trespass, nuisance and strict liability. 3. In the event the City is found proportionately responsible, the Subdivider will be held responsible for only those damages, costs or liabilities as are attributable to the Subdivider's percent of fault as compared with 100% of the fault, giving rise to the 1 damages. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage of this agreement. 4. Should either the City or the Subdivider be held responsible for any damages, costs or liabilities resulting from an intentional act by an officer, director, agent or employee in connection with the work specified in this agreement, then in that event, that party shall release, indemnify and hold harmless the other as to any damages, costs or liabilities that result from or arise out of that intentional act including reasonable attorney's fees and costs which shall include costs and salary of the city attorney or other in-house counsel. Further, notwithstanding the obligations set forth in paragraph 3 above, the Subdivider agrees to defend the City against all allegations of intentional acts. However, should the City be found responsible due to an intentional act by its officer, director, agent or employee, then in that event the City agrees to reimburse Subdivider for reasonable attorney's fees and costs incurred in that defense. PROPERTY OWNER Baxter Meadows Development, L.P., Baxter Meadows Construction, Inc., its General Partner, Gerald R. Williams, President THE CITY OF BOZEMAN Andrew C. Epple, AICP J Planning Director 2 DATE(MM/DD/YYYY) D CERTIFICAME OF LIABILITY INSUR CE 08/02/2005 PRODltCER (406)453-1464 FAX )453-0073 THIS CERTIFICATOWSSUED AS A MATTER OF INFORMATION Flynn Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 100 Park Drive South ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. p.o. Box 711 Great Falls, MT 59403 INSURERS AFFORDING COVERAGE NAIC# INSURED Baxter Meadows Development, L.P. INSURERA: MT Hawley Insurance Co. PO Box 81487 INSURERS: Billings, MT 59108 INSURER'C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY MGLO141532 12/28/2004 12/28/2005 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,000 CLAIMS MADE �OCCUR MED EXP(Any one person) S 5,000 A PERSONAL&ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ Excluded PRO- JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ S WORKERS COMPENSATION AND TORY STATIT O R EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS e: Baxter Meadows project, Bozeman, Montana, Phase 2 C & D Final Plat. City of Bozeman s Owner is additional insured respects this project. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Bozeman BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY PO Box 1230 OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Bozeman, MT 59771-1230 AUTHORIZED REPRESENTATIVE Mark Nicholls/LW ACORD 25(2001/08) ©ACORD CORPORATION 1988 4 P. CERTIFICA OF LIABILITY INSUR E 08/02/200) PROD;CER (406)453-1464 FAX 6)453-0073 THIS CERTIFICATE 1MSUED AS A MATTER OF INFORMATION Flynn Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 100 Park Drive South HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 711 Great Falls, MT 59403 INSURERS AFFORDING COVERAGE NAIC# INSURED Baxter Meadows Development, L.P. INSURERA: MT Hawley Insurance Co. PO Box 81487 INSURERB: Billings, MT 59108 INSURERC: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY MGLO141532 12/28/2004 12/28/2005 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S 50,000 CLAIMS MADE FT]OCCUR MED EXP(Any one person) $ 5,000 A PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ Excluded POLICY PRO JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND O STATUS RY LIMITS DER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS e. Baxter Meadows project, Bozeman, Montana, Phase 2 C & D Final Plat. City of Bozeman s Owner is additional insured respects this project. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Bozeman BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY PO Box 1230 OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Bozeman, MT 59771-1230 AUTHORIZED REPRESENTATIVE Mark Nicholls/LW ACORD 25(2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) c- PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE Policy No. 7208926- 9 9 8 DATED: August 12, 2005 ORDER NO. : 1-81387 TO: Thomas, Dean & .Hoskins, Inc. ATTN: . Keith Waring 215 West Mendenhall, Suite C-1 Bozeman, MT 59715 CHICAGO TITLE INSURANCE COMPANY To the County of Gallatin and the City of Bozeman in Montana CHICAGO TITLE INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Missouri, with its principal office in the City of Chicago, Illinois, and duly authorized to insure titles in Montana hereby certifies that from its examination of these public records which impart constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of the 9 th day of August 1 2005 at 5 o'clock P.M.,the title to the described real estate was indefeasibly vested in fee simple of record in: Baxter Meadows Development, L.P. , who acquired title as W.B.C. , L.P. , a Montana limited partnership subject only to the objections,liens charges,encumbrances and other matters shown under Schedule B hereof. The maximum liability of the undersigned under this certificate is limited to the sum of$ 200.00 This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and " for the use of the County and City above named. CHICAGO TITLE INSURANCE COMPANY B T President Y ATTEST i1 e Aut\ ed Sig uto•T, *' secretm. r- Reorder Form No. 9113 (Reprinted 12/00) Preliminary Subdivision Certificate of Title For Use In Montana r Schedule A Page 2 Certificate No.: 7208926-1998 Order No.: 1-81387 Being the legal description of the real estate covered by this certificate. The following described parcel of real estate: Two parcels of land, said parcel being portions of Tract 2A of Certificate of Survey No. 2202A, said parcels being located in the Southeast Quarter and in the Southwest Quarter of Section 34, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, and being more particularly described as follows: PHASE 2B: Beginning at the Northwest comer of Linear Park of the Final Plat of Baxter Meadows, Phase IIA, said corner being a point on the centerline of an existing irrigation ditch; thence Northerly along the centerline of said ditch, said centerline being approximately dimensioned by the following.8 courses: North 03°57'17"West, a'distance of 100.31 feet;North 0191'51" East, a distance of 80.56 feet; North 27°52'13"East, a distance of 87.85 feet;North 39°29'45" East, a distance of 106.74 feet; North 17°55'37"East, a distance of 51.87 feet; North 01°19'34" West, a distance of 100.29 feet; North 04°31'49"East, a distance of 41.93 feet;North 14°04'05" East, a distance of 108.70 feet; Thence North 89°41'57" East, a distance of 213.08 feet; thence along a non-tangent curve to the right with an arc length of 152.38 feet, a radius of 270.00 feet, a delta angle of 32°20'09", a chord bearing of South 01'46'10" East, and a chord length of 150.36 feet; thence South 14°23'54" West, a distance of 487.11 feet to the Northwest corner of the right of way at the intersection of Galloway Street and Vaquero Parkway as dedicated in said Phase IIA plat; thence South 14°30'13" West, along the Westerly line of said Vaquero Parkway, a distance of 16.15 feet; thence South 89°47'34" West, along the North line of said Linear Park, a distance of 240.12 feet to the Point of Beginning. Phase 2B contains 3.677 acres, more or less. PHASES 2C &2D: Beginning at the Northwest corner of Linear Park of the Final Plat of Baxter Meadows, Phase IIA; thence South 05°07'47" East, along the Easterly line of said park, a distance of 455.42 feet to the (continued) Schedule A Preliminary Subdivision Certificate of Title(Montana) •• i i Schedule A Page 3 Certificate No.: 7208926-1998 Order No.: 1-81387 North line of Equestrian Lane as dedicated on the Final Plat of Baxter Meadows Subdivision P.U.D. Phase I; thence South 89°41'57" West, along said North line a distance of 1265.26 feet; thence North 00"17'46" West, along the Easterly line of Private Open Space B of said Phase I plat and along the Northerly extension of said Easterly line, a distance of 1022.00 feet; thence North 89°41'57"East, a distance of 433.30 feet to the East line of a Public Street and Utility Easement for Ferguson Avenue a recorded on Document No. 2103143; thence South 00°20'56" West, along.said East line, a distance of 568.04 feet; thence North 89°41'57" East, a distance of 749.63 feet; thence North 89°55'18""East, a distance of 50.35 feet to the Point of Beginning. Phases 2C & 2D, as a single parcel, contains 18.595 acres, more or less. The described parcels are along with and subject to any existing easements. The described parcels will be as shown on a forthcoming final plat. AMERICAN LAND TITLE COMPANY or' Si atu're) Schedule A Preliminary Subdivision Certificate of Title(Montana) Schedule B Page 4 Certificate No.: 7208926-1998 Order No.: 1-81387 Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, right, title or interest of the record owners, which now do exist of record. 1. Except all minerals in or under said land including, but not limited to, metals, oil, gas, coal, stone and mineral rights, mining rights and easement rights or other matters relating thereto, whether expressed or implied. 2. Easements, covenants, conditions and restrictions, and other servitudes that are not subject to the Montana Subdivision and Platting Act are not shown herein. 3. Taxes for the year 2005 and subsequent years. Taxes for.the year 2004 are paid. Taxes for the year 2005 are a lien not yet due or payable. Included within the General Taxes are Gallatin Conservation District and Planning District. (Parcel No. RFG44601) 4. Special assessments levied by the City of Bozeman for 2004-2005 under No. First Half: District No. 8000 Street Maintenance. District No. 8001 Tree Maintenance. Second Half: District No. 8000 Street Maintenance. District No. 8001 Tree Maintenance. First and Second Half Installments are paid. No liability is assumed for any special assessments, snow removal, sewer assessment or garbage assessment not set forth in the Assessment Books of the City of Bozeman. 5. UCC No. 2071241, filed June 5, 2002 at 3.42 P.M., as Document No. 2071241. Debtor: Baxter Meadows Development, L.P. Secured Party: First Interstate Bank. [Includes this and other property] (continued) Schedule B Preliminary Subdivision Certificate of Title(Montana) Schedule B Page 5 Certificate No.: 7208926-1998 Order No.: 1-81387 6. UCC No. 2190816, filed June 14, 2005 at 10:05 A.M., as Document No. 2190816. Debtor: Baxter Meadows Development, LP. Secured Party: First Interstate Bank. [Includes this and other property] 7. Mortgage from W.B.C., L.P. to First Interstate Bank in the amount of$2,000,000.00, dated July 14, 2000 and recorded July 17, 2000 at 11:11 A.M., as Document No. 2016542. [Includes this and other property] 8. Construction Mortgage from Baxter Meadows Development, L.P., Gerald R. Williams, Catherine A. Williams and C/J Land & Livestock L.P., to First Interstate Bank, as Lender, in the amount of$6,879,744.00, dated February 5, 2003 and recorded February 6, 2003 at 10:48AM, as Document No. 2096894. Modification dated September 23, 2003 and recorded October 24, 2003 at 4:00 P.M., as Document No. 2129125. Modification dated December 31, 2003 and recorded January 12, 2004 at 11:23 A.M., as Document No. 2137539. Modification dated December 1, 2004 and recorded December 22, 2004 at 3:16 P.M., as Document No. 2173843. [Includes this and other property] 9. Construction Mortgage from Baxter Meadows Development, L.P., who acquired title as W.B.C., L.P., a Montana limited partnership, as Grantor, to First Interstate Bank, as Lender, in the amount of$2,304,027.00, dated June 9, 2005 and recorded June 14, 2005 at 10:05 A.M., as Document No. 2190815. [Includes this and other property] 10. No Search has been made for water rights and unpatented mining claims, and liability thereon is excluded from,coverage of this certificate. END OF SCHEDULE B Please Note: As of July 1, 2005 all documents must be formatted to comply with the new recording standards. Recording fees are $7.00 per page for conforming documents and $11.00 per page for non-conforming documents. If non-conforming documents are submitted for recording you will be billed any additional recording fees. Schedule B Preliminary Subdivision Certificate of Title(Montana) AMERICAN LAND TITLE COMPANY -PRIVACY POLICY We collect nonpublic personal information about you from the following sources:. • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney,real estate broker, etc; and • Information from public records. We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic,personal information about you to those employees who need to know that information, to provide the products and services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that comply with appropriate federal and state regulations. If we provide you with more than one financial product or Service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. FIDELITY NATIOAft FINANCIAL GROUP OF COMPAN1ES'PR16&CY STATEMENT July 1,2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed,will form the basis for a relationship of trust between us and the public that we serve.This Privacy Statement provides that explanation.We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business,we may collect Personal Information about you from the following sources: ■ From applications or other forms we receive from you or your authorized representative; ■ From your transactions with,or from the services being performed by,us,our affiliates,or others; ■ From our intemet web sites; ■ From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others;and ■ From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical,electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion.We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates,such as insurance companies, agents, and other real estate settlement service providers.We also may disclose your Personal Information: ■ to agents,brokers or representatives to provide you with services you have requested; ■ to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and ■ to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition,we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so,or when we suspect fraudulent or criminal activities.We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement,transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain.Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability To Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and,under certain circumstances,to find out to whom your Personal Information has been disclosed.Also,certain states afford you the right to request correction,amendment or deletion of your Personal Information.We reserve the right,where permitted by law,to charge a reasonable fee to cover the costs incurred in responding to such requests.All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial,Inc. 4050 Calle Real,Suite 220 Santa Barbara,CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us.We apologize for any inconvenience this may cause you. Order No.: 1-81387 (Baxter Meadows Development, L.P., who acquired title as W.B.C., L.P., a Montana limited partnership) Premium: N/C ENDORSEMENT Attached to Guarantee No. 7208926-1998 Issued by CHICAGO TITLE INSURANCE COMPANY Effective Date: August 9, 2005 at 8:00 A.M. The Company hereby assures the Assured that there are no matters shown by the public records which affect the estate. or interest described in Schedule A, other than those shown in Schedule B, except: None The effective date of the Guarantee is hereby extended to the date shown herein; subject however, to any additional matters shown above. Schedule A is amended to read as follows: Two parcels of land, said parcel being portions of Tract 2A of Certificate of Survey No. 2202A, said parcels being located in the Southeast Quarter and in the Southwest Quarter of Section 34, Township 1 South, Range 5 East, P.M.M., Gallatin County,Montana, and being more particularly described as follows: Phase 2C Linear Park: Beginning at the Northwest corner of Linear Park of the Final Plat of Baxter Meadows,Phase IIA, said corner being a point on the centerline of an existing irrigation ditch; thence Northerly along the centerline of said ditch, said centerline being approximately dimensioned by the following 8 courses: North 03°57'17" West, a distance of 100.31 feet; North 01°31'51" East, a distance of 80.56 feet; North 27°52'13" East, a distance of 87.85 feet;North 39°29'45"East, a distance of 106.74 feet; North 17°55'37"East, a distance of 51.87 feet;North 01°19'34" West, a distance of 100.29 feet; North 04*31'49"East, a distance of 41.93 feet; North 14°04'05" East, a distance of 108.70 feet; (continued) Date Down Endorsement (Modified Form No.9805) Thence North 89°41'57" East, a distance of 213.08 feet; thence along a non-tangent curve to the right with an arc length of 152.38 feet, a radius of 270.00 feet, a delta angle of 32°20'09", a chord bearing of South 01'46'10" East, and a chord length of 150.36 feet; thence South 14°23'54" West, a distance of 487.11 feet to the Northwest corner of the right of way at the intersection of Galloway Street and Vaquero Parkway as dedicated in said Phase IIA plat; thence South 14*30'13" West, along the Westerly line of said Vaquero Parkway, a distance of 16.15 feet; thence South 89°47'34" West, along the North line of said Linear Park, a distance of 240.12 feet to the Point of Beginning. Phase 2D & a Portion of Phase 2C: Beginning at the Northwest corner of Linear Park of the Final Plat of Baxter Meadows, Phase IIA; thence South 05°07'47"East, along the westerly line of said park, a distance of 455.42 feet to the North line of Equestrian Lane as dedicated on the Final Plat of Baxter Meadows Subdivision P.U.D. Phase I; thence South 89°41'57" West, along said North line a distance of 1265.26 feet; thence North 00°17'46" West, along the Easterly line of Private Open Space B of said Phase I plat and along the Northerly extension of said Easterly line, a distance of 1022.00 feet; thence North 89041'57"East, a distance of 433.30 feet to the East line of a Public Street and Utility Easement for Ferguson Avenue as recorded on Document No. 2103143; thence South 00°20'56" West, along said East line, a distance of 568.04 feet; thence North 89°41'57" East, a distance of 749.63 feet; thence North 89°55'18" East, a distance of 50.35 feet to the Point of Beginning. The total liability of the Company under said- Guarantee and under this endorsement thereto shall not exceed, in the aggregate, the amount stated in said Guarantee. This endorsement is made a part of said Guarantee and is subject to the exclusions from coverage, the limits of liability, and the other provisions of the Conditions and Stipulations therein, except as modified by the provisions hereof. CHICAGO TITLE INSURANCE COMPANY BY• Authorized Signatory Date Down Endorsement (Modified Form No. 9805) Order No.: 1-81387 (Baxter Meadows Development, L.P., who acquired title as W.B.C., L.P., a Montana limited partnership) Premium: NIC ENDORSEMENT . Attached to Guarantee No. 7208926-1998 Issued by CHICAGO TITLE INSURANCE COMPANY Effective Date: August 9, 2005 at 8:00 A.M. The Company hereby assures the Assured that there are no matters shown by the public records which affect the estate or interest described in Schedule A, other than those shown in Schedule B, except: None The effective date of the Guarantee is hereby extended to the date shown herein; subject however, to any additional matters shown above. Schedule A is amended to read as follows: Two parcels of land, said parcel being portions of Tract 2A of Certificate of Survey No. 2202A, said parcels being located in the Southeast Quarter and in the Southwest Quarter of Section 34, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, and being more particularly described as follows: Phase 2C Linear Park: Beginning at the Northwest corner of Linear Park of the Final Plat of Baxter Meadows,Phase IIA, said corner being a point on the centerline of an existing irrigation ditch; thence Northerly along the centerline of said ditch, said centerline being approximately dimensioned by the following 8 courses: North 03'57'17" West, a distance of 100.31 feet;North 0191'51" East, a distance of 80.56 feet; North 27°52'13" East, a distance of 87.85 feet; North 39°29'45" East, a distance of 106.74 feet; North 17°55'37" East, a distance of 51.87 feet; North 01°19'34" West, a distance of 100.29 feet; North 0491'49" East, a distance of 41.93 feet;North 14°04'05" East, a distance of 108.70 feet; (continued) Date Down Endorsement (Modified Form No. 9805) • Thence North 89°41'57" East, a distance of 213.08 feet; thence along a non-tangent curve to the right with an are length of 152.38 feet, a radius of 270.00 feet, a delta angle of 32°20'09", a chord bearing of South 01°46'10"East, and a chord length of 150.36 feet; thence South 14°23'54" West, a distance of 487.11 feet to the Northwest corner of the right of way at the intersection of Galloway Street and Vaquero Parkway as dedicated in said Phase IIA plat; thence South 1490'13" West, along the Westerly line of said Vaquero Parkway, a distance of 16.15 feet; thence South 89°47'34"West, along the North line of said Linear Park, a distance of 240.12 feet to the Point of Beginning. Phase 2D & a Portion of Phase 2C: Beginning at the Northwest corner of Linear Park of the Final Plat of Baxter Meadows, Phase IIA; thence South 05°07'47"East, along the westerly line of said park, a distance of 455.42 feet to the North line of Equestrian Lane as dedicated on the Final Plat of Baxter Meadows Subdivision P.U.D. Phase I; thence South 89°41'57" West, along said North line a distance of 1265.26 feet; thence North 00°17'46" West, along the Easterly line of Private Open Space B of said Phase I plat and along the Northerly extension of said Easterly line, a distance of 1022.00 feet; thence North 89°41'57" East, a distance of 433.30 feet to the East line of a Public Street and Utility Easement fof Ferguson Avenue as recorded on Document No. 2103143; thence South 00°20'56" West, along said East line, a distance of 568.04 feet; thence North 89°41'57"East, a distance of 749.63 feet; thence North 89'55'18" East, a distance of 50.35 feet to the Point of Beginning. The total liability of the Company under said Guarantee and under this endorsement thereto shall not exceed, in the aggregate, the amount stated in said Guarantee. This endorsement is made a part of said Guarantee and is subject to the exclusions from coverage, the limits of liability, and the other provisions of the Conditions and Stipulations therein, except as modified by the provisions hereof. CHICAGO TITLE INSURANCE COMPANY By: Authorized Signatory Date Down Endorsement (Modified Form No. 9805) so THE• THE CITY OF BOZEMAN vti�� 9x 20 E. OLIVE•P.O. BOX 1230 * * BOZEMAN, MONTANA 59771-1230 ENGINEERING DEPARTMENT 9TlN CO. 0 PHONE: (406)582-2280 • FAX: (406) 582-2263 MEMORANDUM September 12, 2005 � [CF, .c-, To: Lanette Windemaker, AICP; Contract Planner Qq 99 pq yy �Ep From: Bob Murray, Project Engineer pj1l t --- DEPA 00,-, `tiT CF PLANNING AND C9,%rv: N;p,DEVELOPMENT Re: Baxter Meadows Phase IIC & IID Final Plat Submittal Engineering has completed its review of the above referenced information and have the following comment: 1. They provided easement exhibits for the offsite utilities and stormwater facilities in tab 20. I checked the exhibits for closure and they were fine. They did not include any of the easement documents that need to accompany the exhibits. They may have provided them separately, but they are not part of the information that I received. Let me know if you have any questions. cc: Project File ERF HOME:OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK L- • • MEMORANDUM To: Bob Murray, Project Engineer From: Lanette Windemaker, AICP; Contract Planner Date: August 30, 2005 RE: Baxter Meadows Phases 2 C and D Final Plat #P-05040 and Final PUD Plan # Z-05223 (Preliminary Plat, # P-03042 and PUD Preliminary Plan#Z-03276) Attached please find the final plat and final PUD plan submittal for the Baxter Meadows Phases 2 C and D. Baxter Meadows Phases 2 C and D, generally located north of Equestrian Lane and east of Vaquero Parkway, were approved subject to the following conditions. I have submitted it to Andy Kerr to check for closure. Planning Subdivision Specific Conditions-Phase IIA (Blocks 16, 18, 20 and Tracts 1A, 1B) and Phase IIC (Blocks 15, 17, 19 and 21): 1. If concurrent construction is approved for Phase IIA and IIC, a concurrent construction plan, for an approved final lot-specific plan that addresses all aspects of Section 16.22.030 may be submitted for review, evaluation and consideration. Subdivider shall remain responsible for all building permits until all infrastructure improvements are compete and accepted by the City of Bozeman. No occupancy shall be permitted until all infrastructure improvements are complete and all other conditions have been met. Not Applicable. 2. Applicant shall provide parking for Blocks 16, 18 and 20 of Phase IIA based on the following calculation: ((net building area (gross lot area minus 20%) x 2 (floors)) / 1,000) x 1.72. Applicant shall provide parking for Blocks 17,19 and 21 of Phase IIC at a ratio supported by a parking demand study on Blocks 16, 18 and 20 of Phase IIA but shall not be less than the requirement based on the following calculation: ((net building area (gross lot area minus 20%) x 2 (floors)) / 1,000) x 1.72.- Applicant may use a combination of the following options.Not Applicable. net building area(gross lot area minus 20%) x 2 (floors) x 1.72 1,000 Option 1. Applicant shall construct surface parking. Construction shall include but not be limited to continuous concrete curbs, asphalt, striping, drive approach, landscaping, and irrigation. Pursuant to Condition # 44, surface parking shall be constructed within 1 year of final plat approval and prior to occupancy of any structure. Option 2. Applicant shall construct a parking garage. Pursuant to Condition # 44, parking garage shall be constructed within 1 year of final plat approval and prior to occupancy of any structure. Option 3. Applicant shall establish an escrow account in the name of the POA for the sole purpose of providing parking, applicant shall place in the escrow account 150% of the cost of constructing the surface parking, applicant shall restrict on the plat all lots required to meet the surface parking needs, and applicant may reserve air space for other uses. Pursuant to Condition# 43, all parking facilities shall be constructed within 4 years of preliminary plat approval. Option 4. Applicant shall establish an escrow account in the name of the POA for the sole purpose of providing parking, applicant shall place in the escrow account 150% of the cost of constructing a parking structure, applicant shall restrict on the plat all lots required to meet the parking structure needs, and applicant may reserve air space above the height of the parking structure for other uses. Pursuant to Condition # 43, all parking facilities shall be constructed within 4 years of preliminary plat approval. Nothing herein precludes the applicant from utilizing areas set aside for parking facilities (surface or garage) for other purposes provided these conditions are not violated and applicant submits to site plan review. Applicant shall covenant all lots required to meet the parking needs granting parking access to all purchasers of property in Blocks 16 thru 21 and the POA. Applicant shall make the POA responsible for liability insurance, taxes, use and maintenance of all parking facilities. 3. Applicant shall fulfill Condition # 2, for option 1 or 2, prior to occupancy of any structure, and if the Final Plat is filed prior to the installation of all improvements, the developer shall supply-the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. If the applicant selects either option 3 or 4, it shall be fulfilled prior to filing the Final Plat. Not Applicable. 4. One-foot wide "no access" strips shall be placed along both sides of Baxter Lane to preclude direct lot access onto Baxter Lane. Not Applicable. 5. The mid-block utility/access easements shall be a minimum of 15' wide and shall include a pedestrian walkway. Not Applicable. 6. A minimum 50' watercourse setback pursuant to Section 16.14.170 shall be clearly delineated on the final plat, and shall include all adjacent wetlands. On-site stormwater treatment facilities may be located within the Zone 2 portion of the watercourse setback. Not Applicable. 7. Baxter Parkway shall be designed with parallel parking on both sides of the street. Not Applicable. 8. Phase IIC may not receive final plat approval prior to final plat approval of Phase 11 A. Not Applicable. Planning Subdivision Specific Conditions-Phase IIB Blocks 9, 10, 11, 12, 13 and 14): 9. If concurrent construction is approved for Phase IIB, a concurrent construction plan that addresses all aspects of Section 16.22.030 may be submitted for review, evaluation and consideration. Subdivider shall remain responsible for all building permits until all infrastructure improvements are compete and accepted by the City of Bozeman. No occupancy shall be permitted until all infrastructure improvements are complete and all other conditions have been met. 10. A minimum 35' watercourse setback pursuant to Section 16.14.170 shall be clearly delineated on the final plat, and shall include all adjacent wetlands. Planning Subdivision Specific Conditions-All Phases: 11. Plans and specifications shall include detailed parking plans. These parking plans shall included full details for parking to be constructed immediately; and preliminary details, locations .and costs for both the surface parking required to meet the PUD minimum requirements, as well as, the proposed parking garage. Provide sufficient design detail for the parking garage, including parking stall width and depth, driveway width, number of spaces, and ramp location to assure structure will fit on 2 designated lot. In addition, provide a study from a professional engineer of licensed architect estimating the cost per space for the completion of the structure. The estimate should be based on recently constructed parking structures of similar size and characteristics. 12. Documentation of satisfaction of park dedication requirements in accordance with Section 16.14.100 of the Bozeman Subdivision Regulations shall be provided. For residential units, 0.03 acres per dwelling unit shall be dedicated for parkland. For non-residential (unless restricted to non- residential uses by deed) and multi-family, 11% of the total square feet of lot area.shall be dedicated for parkland. 13. Applicant shall submit a formal development plan for the design of the dedicated parkland(s) for . review.and approval by the Bozeman Recreation and Parks Advisory Board, signed by a certified landscape architect. Details of plantings, species, topography, irrigation system, and any permanent park features shall be shown and discussed with the plan. The applicant shall.obtain written approval from the Bozeman Recreation and Parks Advisory Board regarding the final design prior to submittal of the formal development plan for review and approval by the City Commission. 14. Applicant shall submit a formal development plan for the design of the dedicated parkland(s), for review and approval by the City Commission, signed by a certified landscape architect. Details of plantings, species, topography, irrigation system, and any permanent features shall be shown and discussed with the plan. Approval of the City Commission shall be obtained prior to installation of any improvements. The approved development plan shall be provided with the final plat. 15. Applicant shall submit a formal development plan for the design of all parkland(s), open space, watercourse setback, boulevards, pedestrian walks/pathways and center area for review and approval by the Superintendent of Facilities and Lands, signed by a certified landscape architect. Details of plantings, species, topography, irrigation system, and any permanent features shall be shown and discussed with the plan. Approval of the Superintendent of Facilities and Lands shall be obtained prior to installation of any improvements. The approved development plan shall be provided with the final plat. 16. Upon approval of the formal development plan by all 3 parties specified in the Conditions # 13, 14 and 15, the Applicant shall develop a Park Master Plan for all parkland and open space. The Master Plan will include a narrative that addresses the following topics: History of the Property; Description of the Existing Conditions; Needs Analysis of the Park; Proposed Present and Future Park Uses and Activities; Description of the Level of Service Designated for the Park, including mowing, fertilization, weed control, irrigation, snow removal, trash collection, and landscaping maintenance. The developed Master Plan will be submitted to the Superintendent of Facilities and Land for review and approval by city staff, the Recreation and Parks Advisory Board, and the City Commission. 17. Applicant shall be responsible for installation of all parkland(s), open space, watercourse setback, boulevards/medians, pedestrian walks/pathways and center area related improvements. Construction of the improvements will be to the City standards and must be completed with City oversight, including a preconstruction meeting. 18. Applicant shall be responsible for installation of pedestrian/equestrian trail(s) connecting to the pedestrian/equestrian trail(s) to the south and extending to the north end of the linear park. The specific trail(s) design(s) will be determined during the formal development plan approval process specified in Conditions # 13, 14 and 15, at a minimum the pedestrian trail will be constructed to the a Class I1 design standards. Construction of the improvements will be to the City standards and must be completed with City oversight, including a preconstruction meeting. 19. Applicant shall be responsible for installing landscaping and an irrigation system in the public right- of-way boulevard strips and medians along all external subdivision streets and adjacent to parkland(s), open space, watercourse setback, pedestrian walks/pathway and center areas pursuant to Section 16.14.110 of the Bozeman Subdivision Regulations. 20. All landscaped common areas shall have an underground irrigation system installed in compliance with City standards and specifications. The applicant shall provide irrigation system as-builts in accordance with Section 16.08.090. 21. Maintenance of common areas and facilities such as parkland(s), open space, rights-of-way, parking facilities, pedestrian walks/pathways and center area, etc. shall be provided by the developer and/or homeowners' association in accordance with Section 16.14.130. 22. The Final Plat shall contain the following language that is readily visible with lettering on the plat at a minimum width of 3/16 inch in height, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision: "Due to relatively high ground water table within the areas of the subdivision, it is not recommended that residential dwellings with full basements be constructed without first consulting a professional engineer. If daylight basements are incorporated in the construction of residential dwellings, they should not have a depth greater than three (3) feet below the top of the curb or crown of the street from which it is served." 23. Applicant shall provide a soils report, along with building plans, to the Building Division, recommending types of foundations. If development shall occur in phases, the soils report may address those lots within the proposed phase. 24. Subdivision lighting shall be incorporated into the subdivision by one of the following: a) the subdivider shall install street and pathway lighting throughout the subdivision pursuant to Section 16.14.230 of the Bozeman Subdivision Regulations. Lighting shall be maintained by means of the Property Owners' Association through Protective Covenants; or b) the subdivider shall participate in a Street Improvement Lighting District (SILD) for the provision of street and pathway lighting pursuant to Section 16.14.230 of the Bozeman Subdivision Regulations. All subdivision lighting provided shall conform to Section 16.14.230 of the Bozeman Subdivision Regulations. A lighting plan including isofootcandle plots and description of the proposed equipment, with details and specifications (cut sheets), bulb type and size, and locations shall be provided with the final plat and subject to review and approval by the Planning Department. 25. Prior to final plat approval, a Memorandum of Understanding shall be entered into by the Weed -Control District and the subdivider for the control of county declared noxious weeds. A signed copy of this Understanding must be provided to the Planning Department. 26. A declaration of covenants for this subdivision must be included and recorded with the Final Plat that specifically includes the provisions from Section 16.34.030. A draft of these covenants must be submitted for review and approval by the Planning Department prior to filing and recordation with the Gallatin County Clerk and Recorder. 4 i r 27. Prior to final plat approval, a property owners' association shall be established for maintenance of subdivision streets, common open space, centers, parking facilities, pathways and trails, boulevards and medians, alleys, storm water facilities and/or parks pursuant to Section 16.34.020. A draft of these documents must be submitted for review and approval by the Planning Department at least 30 days prior to filing and recordation with the Gallatin County Clerk and Recorder. 28. Prior to final plat approval, a common area and facility maintenance plan and guarantee shall be provided for the permanent care and maintenance of commonly owned open spaces, recreational areas, facilities, private streets and alleys, and parking facilities. The same shall be submitted to the city attorney and shall not be accepted by the city until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Planning Department at least 30 days prior to filing and recordation with the Gallatin County Clerk and Recorder.. 29. The landowner agrees to provide the City with a payback of$15,000 per the payback schedule dated May 10, 2001, for the North 19t' Avenue/Baxter Lane signalization. Of this total payback, the landowner agrees to pay $ 0.00215216 per square feet of gross area platted to the City prior to final plat approval for each phase of the development. 30. Executed waivers of right to protest creation of special improvement districts (SIDS) acknowledging that the City will not assume dedication and/or maintenance of the local private streets that vary from City standards unless the street(s) are brought up to City standards, or the property owners agree to an assessment to fund improvements required to bring the street(s) up to City standards. The waiver shall be filed and of record with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the filed documents shall be submitted with the final plat. 31. Executed waivers of right to protest creation of special improvement districts (SIDs) for a park maintenance district shall be filed and of record with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the filed documents shall be submitted with the final plat. 32. Executed waivers of right to protest creation of special improvement districts (SIDs) for the following future improvements: Baxter Lane and North 191" Avenue signal improvements, Baxter Lane and Baxter Parkway signal improvements, and North 19`" Avenue improvements shall be filed and of record with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the filed documents shall be submitted with the final plat. 33. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat approval. If the final plat of the subdivision is filed in phases, water rights will only be required for each phase as the final plat for that phase is filed. The amount of water rights required will be determined by the Director of Public Service based on the proposed final plat(s). 34. Property restrictions shall be placed on all original tract(s) of record of this property that are or through this subdivision will become remainder tract(s) of less than 160 acres. The property restrictions shall be filed and of record with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the filed documents shall be submitted with the final plat. The tract(s) shall be legally described and the following statement shall be placed on the tract(s): "Ownership of this tract of land is restricted by covenant running with the land, revocable only by mutual consent of the City of Bozeman and the property owner, that the divided land will be used exclusively for farming purposes. No building or structure requiring water or sewer facilities shall be utilized on the tract. A change in use of the land for anything other 5 than agricultural purposes subjects the division to the Bozeman Municipal Code and the Montana Subdivision and Platting Act." 35. Prior to Final Plat approval, written verification that utilities can be installed in the proposed utility , easements shall be obtained from all local utility agencies. 36. Prior to Final Plat approval, a Final PUD Plan, complying with the requirements of Chapter 18.36 of the Bozeman Unified Development Ordinance, shall be submitted for review and approval. 37. The Certificate of Dedication shall be shown on the final plat and shall include the following statement(s): "The above-described tract of land is to be known and designated as (name of subdivision), City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys, and parks or public squares shown on said plat are hereby granted and donated to the City of Bozeman for the public use and enjoyment. The lands included in all streets, avenues, alleys, and parks or public squares dedicated to the public are accepted for public use, but the City accepts no responsibility for maintaining the same. The owner(s) agree(s) that the City has no obligation to maintain the lands included in all streets, avenues, alleys, and parks or public squares hereby dedicated to public use. The lands included in all streets, avenues, alleys, and parks or public squares dedicated to the public which the City accepts responsibility for maintaining include (list specific lands). "The undersigned hereby grants unto each and every person, firm, or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, internet or cable television service to the public, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities in, over, under and across each area designated on this plat as `Utility Easement' to have and to hold forever." 38. The Certificate of Completion of Improvements shall be amended to list all improvements not completed. 39. The Certificate of Exclusion from Montana Department of Environmental Quality Review shall be shown on the final plat and the Release of Sanitary Restrictions removed from the final plat. 40. Any unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State of Montana. 41. No sub-phases of Phase IIA, IIB and IIC shall be permitted except the applicant may submitted a Phase IID consisting of Tracts 1A and I subject to all applicable conditions of final plat approval. Planning Code Provisions: 42. The Final Plat shall conform to all requirements of the Bozeman Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3-1/2" floppy disk; and five (5) paper prints. 6 43. Conditional approval of the Preliminary Plat shall be in force for not more than three calendar years, as provided by State statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. The Preliminary Plat was approved by the City Commission on February 2, 2004. 44. If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If the Final Plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. 45. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval has been satisfactorily addressed. Engineering Subdivision Specific Conditions: 46. Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located on easements within privately owned lots. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the FSP for each lot and/or phase. 47. A street and traffic control signage plan for the subdivision shall be prepared and implemented upon review and approval by the City Engineer. 48. Any improvement placed in the public right of way shall be approved by the City Engineering Office. 49. Pursuant to Section 16.16.O1.A. of the Bozeman Municipal Code, Baxter Parkway, including sewer, water, and other necessary infrastructure, shall be constructed adjacent to the west property boundary of Tract 1, and shall extend approximately 1700 feet to the south and east to the boundary of Phase 5. Baxter Parkway shall be constructed to a standard roadway section as approved by the 7 City Engineering Office. The applicant is advised that further development of Tract 1 will likely require a secondary access be provided. 50. The location of existing water and sewer mains shall be properly depicted, and proposed main extensions shall be noted as proposed on the infrastructure plans and specifications. 51. Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure. 52. As part of the infrastructure plans submittal, 100-year flood elevations shall be computed for the Baxter-Border Ditch, and the limits of flooding identified. If flooding limits encroach onto proposed lots, this shall be noted on the final plat along with a minimum floor elevation for the structures to be constructed on the lots. 53. Baxter Lane shall be fully improved to the appropriate typical section where adjacent to Phase 2, which extends from the west boundary of Phase I improvements through the intersection of Caspian Avenue. The entire length shall be constructed with Phase 2A. 54. All street names are subject to approval by the City Engineer. 55. The applicant shall provide easements, in a form acceptable to the city, for all on and off site sewer and water improvements. All water and sewer main easements shall be a minimum of 30 feet wide. 56. Easements shall be provided for all offsite drainage facilities. 57. Utility easements shall be granted on the final plat in accordance with the requirements of Section 16.14.060 of the City Subdivision Regulations. 58. City standard sidewalks shall be constructed on all public and private street frontages prior to occupancy of any structure as per the terms and conditions of Section 16.14.050 of the Bozeman Municipal Code. 59. For Phases 2A and 2C, sidewalks shall be installed to provide pedestrian access to parking needed by any particular structure prior to occupancy of said structure. This condition does not replace the need to meet 16.14.050 of the Bozeman Municipal Code. 60. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, MPDES etc.) shall be obtained prior to construction of the associated improvements. 61. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, private streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. 62. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall also provide Professional Engineering services for construction inspection, post-construction 8 certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre- construction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless approved for concurrent construction. 63. All proposed manholes need to be accessible to the city's large flusher truck. The applicant shall submit an all weather access plan with the project infrastructure plans subject to approval by the City Water/Sewer Superintendent. 64. The Property Owners' Association shall be responsible for the maintenance of all storm water facilities constructed for the project. 65. The applicant shall obtain permission from the appropriate ditch companies to discharge storm runoff into the ditches and for any relocation(s). 66. All ditch easements and setbacks shall be shown on the final plat. 67. No on-street parking shall be permitted within 20 feet of a crosswalk at any intersection. 68. All of the recommendations made in the Traffic Impact Analysis for the Baxter Meadows Development by Robert Peccia & Associates, dated October 2001, and the updated report, dated October 2003 shall be implemented with Phase 2 unless the improvements are specifically identified to be completed with a later phase. A portion of the report requires updating as noted in Conditions # 70 and # 71, each updated section and subsequent recommendations shall be subject to approval of the City Engineer and the approved recommendations shall be implemented with phase 2. 69. The updated Traffic Impact Study prepared by Robert Peccia and Associates identified the need for a traffic signal at the intersection of Baxter Parkway and Baxter Lane upon the completion of Phase 6 of the development. In addition, the report recommended the installation of left turn bays on each approach of the intersection in order for the signal to function properly. Sufficient pavement width shall be included in the design and construction of this intersection, along with the installation of underground conduits for the signal wiring and necessary right-of-way dedication with the Phase 2 final plat. 70. The Traffic Impact Study recommended a dedicated left turn lane at the intersection of Charolais Avenue and Baxter Lane, along with a roundabout at the intersection of Baxter Lane and Caspian Avenue. As the current submittal does not include these recommended improvements, the applicant's traffic engineer shall address these issues in an update to the original traffic study. Any modification to the original study shall be approved by the City Engineer 71. The Traffic Impact Study recommended that a grade separated pedestrian/bicycle crossing under Baxter Lane near Baxter Parkway be implemented as part of the Baxter Meadows project. Either design and install the crossing with Phase 2 of the project, including the dedication of necessary right of way, or provide an update to the traffic impact study with justification and details on how the crossing can be installed safely as an at grade crossing. Any modification to the original study shall be approved by the City Engineer. 9 • 72. The north access to Block 15, the apartment site, shall line up directly across from the proposed alley in Phase 4. 73. All easements identified in the title report shall be depicted on the final plat. 74. The Certificate of Surveyor on the final plat shall be in conformance with Section 16.32.050 of the Bozeman Municipal Code, Subdivisions. 75. A breakdown of areas shall be provided for each phase on the final plat. 76. The final plat shall clearly state which streets are privately maintained. 77. Pursuant to the recommendations of the Traffic Impact Study, prepared by Robert Peccia and Associates, any damage of Baxter Lane from the intersection with North 19`h Avenue to the entrance of the project, caused by project construction activities, shall be repaired by the applicant. The applicant shall agree to repair any damage within one week of notification by the City that repairs are required. The applicant shall maintain the existing bond of$10,000 which was submitted with Phase 1 of the project. 78. The City will only accept public maintenance of the streets in Phase 2B that are located to the west of the east side of the intersection of Gallatin Green Boulevard and Equestrian Way. 79. City standard sidewalks shall be installed on the west side of Baxter Parkway. 80. If concurrent construction is utilized for Phase 2A and 2C, all alleys shall be paved within 2 years after final platting, or 4 years after preliminary plat approval, whichever occurs first. The alley shall be required to be paved once foundations and utilities are in place for all adjacent lots, which will be conditioned during the site plan approval process. 81. If concurrent construction is utilized for Phase 2B, all infrastructure, shall be installed and accepted by the City prior to occupancy of any structure, with the exception of alleys which may utilize a gravel standard as approved by the City Engineer until such time as all adjacent foundations are installed. All alleys shall be paved within 2 years after final platting, or 4 years after preliminary plat approval, whichever occurs first. 82. The property owners dependent on the sewage lift station shall be responsible for financing the costs of its operation and maintenance, which will be the responsibility of the City. The applicant shall agree in writing to a surcharge to cover the costs of operating and maintaining the lift station. The agreement shall be filed with the final plat and shall apply to all heirs, successors and assigns. The agreement shall be subject to approval by the City Engineer and the City Attorney. 83. As stated in the subdivision preliminary plat submittal, all alleys will be paved to a minimum of 20 feet. Snow removal responsibilities in all alleys shall be private. Other maintenance needs in the alleys shall be the responsibility of the City. Baxter Meadows Phase II PUD Preliminary Plan #Z-03276 Plannin1l Specific Conditions-Phase IIA (Blocks 16, 18, 20 and Tracts 1A, 1B) and Phase IIC (Blocks 15, 17, 19 and 21: 10 1. If concurrent construction is approved for Phase IIA and Phase IIC, a concurrent construction plan, for an approved final site-specific plan, that addresses all aspects of Section 18.74.030.D of the Bozeman Unified Development Ordinance may be submitted for review, evaluation and consideration. No occupancy shall be permitted until all infrastructure improvements are complete and all other conditions have been met.Not Applicable. 2. Maximum building height in the B-2 (Community Business District) shall be 38 feet for a roof pitch of less than 3:12 and 44 feet for a roof pitch of 3:12 or greater in accordance with Section 18.18.060 of the Bozeman Unified Development Ordinance. This restriction will not preclude applicant from applying for and receiving CUP for extra height as allowed in B-2 district. This requirement shall be specified in the Development Guidelines.Not Applicable. 3. The non-residential parking requirement for site-specific plan(s) shall be based on Section 18.46.040.B of the Bozeman Unified Development Code. A 10% adjustment will be given in addition to the standard Community Commercial adjustment. The additional 10% adjustment will not be given to a structure with a maximum building height of greater than 38 feet for a roof pitch of less than 3:12 and 44 feet for a roof pitch of 3:12. Not Applicable. The residential parking requirement for site-specific plan(s) shall be based on Section 18.46.040.A of the Bozeman Unified Development Code. Not Applicable. 4. Applicant(s) for site-specific plan(s) shall be required to fulfill the parking requirement established in Condition # 3 less the number of parking spaces allocated to the specific lot through the subdivision process. These parking spaces shall be provided prior to occupancy of the structure. Applicant may use a combination of the following options. Not Applicable. Option 1. Applicant shall construct on-site parking. Construction shall include but not be limited to continuous concrete curbs, asphalt, striping, drive approach, landscaping, and irrigation. Option 2. Applicant shall pay cash-in-lieu to be deposited in the escrow account established in the name of the POA for the sole purpose of providing parking. The cash-in-lieu amount shall be based on a per space cost of a parking garage as determined by the City of Bozeman. 5. A minimum 50' watercourse setback pursuant to Section 18.42.100 of the Bozeman Unified Development Ordinance shall be clearly delineated on the final plan, and shall include all adjacent wetlands. On-site storm water treatment facilities may be located within the Zone 2 portion of the watercourse setback. Not Applicable. 6. Residential uses on the ground floor may be allowed on Blocks 15, 16, 18, 20 and 21. On Blocks 17 and 19, residential uses (with the exception of apartments and apartment buildings) shall be restricted to the second or subsequent floors.Not Applicable. 7. All site plans with residential uses on the ground floor shall be required to meet all lot coverage and yard requirements in accordance with Chapter 18.18 of the Bozeman Unified Development Ordinance.Not Applicable. 8. All site plans with residential uses on the ground floor shall be required to provide landscaping in accordance with Section 18.48.060 of the Bozeman Unified Development Ordinance. Not Applicable. 11 r Planning Specific Conditions-Phase IIB (Blocks 9, 10, 11, 12, 13 and 14): 9. If concurrent construction is approved for Phase IIB, a concurrent construction plan that addresses all aspects of Section 18.74.030.D of the Bozeman Unified Development Ordinance may be submitted for review, evaluation and consideration. No occupancy shall be permitted until all infrastructure improvements are complete and all other conditions have been met. 10. A minimum 35' watercourse setback pursuant to Section 18.42.100 of the Bozeman Unified Development Ordinance shall be clearly delineated on the final plan, and shall include all adjacent wetlands. 11. The northernmost utility/access easements in Blocks 9 and 10 shall be a minimum of 25' wide, and shall include at a minimum a Class Il trail. Planning Specific Conditions-All Phases: 12. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 13. Prior to final site plan approval, the applicant shall provide detailed parking plans in compliance with Bozeman Unified Development Ordinance for review and approval by the Planning Department. These parking plans shall included full details for parking to be constructed immediately; and preliminary details, locations and costs for both the surface parking required to meet the PUD minimum requirements, as well as, the proposed parking garage. 14. Prior to final site plan approval, the applicant shall depict on the final site plan the provision for handicapped accessibility, including but not limited to wheelchair ramps, parking spaces, handrails, and curb cuts, signage, including dimensioned construction details and the applicant's certification of ADA compliance to be reviewed and approved by the Planning Office. 15. The applicant shall submit Development Guidelines that comply with Section 18.36.070 of the Bozeman Unified Development Ordinance for review and approval by the Planning Office prior to final site plan approval. The Development Guidelines shall be in an 8'/z- by 11-inch vertical format, permanently bound to open flat,tabbed, and contain a table of contents. 16. The Development Guidelines shall specify that development on all lots shall be subject to appropriate site-specific plan review in accordance with Chapter 18.34 of the Bozeman Unified Development Ordinance and that a letter of approval from the Baxter Meadows Design Review Board shall be provided prior to approval of any site-specific plan application. 17. The applicant shall submit a comprehensive sign plan that complies with Chapter 18.52 of the Bozeman Unified Development Ordinance for review and approval by the Planning Office prior to final site plan approval. The comprehensive sign plan shall include type(s), location, design, illumination, size, height, and allocation method. 18. Prior to the construction and installation of any signage on-site, a Sign Permit Application shall be reviewed and approved by the Planning Office in accordance with Chapter 18.52 of the Bozeman Unified Development Ordinance; including but not limited to contractor, real estate and lending institution signs temporarily posted on-site during and after construction of the building. A letter of approval from the Baxter Meadows Design Review Board shall be provided prior approval of any 12 v Sign Permit Application. 19. Prior to final site plan approval, the applicant shall demonstrate at least 20 performance points pursuant to Section 18.36.090.E.2.a.(7) "Performance" of the Bozeman Unified Development Ordinance. . 20. Any unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not, in any way, create a waiver-or other relaxation of the lawful requirements of the Bozeman Municipal Code or State of Montana. Planning Standard Conditions: 21. The applicant must submit seven (7) copies a Final Site Plan within 1 year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. 22. A Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 23. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of Final Site Plan submittal. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times (150%) the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. 24. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. 25. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.I of the Bozeman Unified Development Ordinance. 26. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing,-and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. 13 Lanette Windemaker • - 0 Page 1 of 1 From: "Becky Williams" <becky@baxtermeadows.com> To: "Gregory J. Allen" <gregallen@bridgeband.com> Cc: "'Michael McGullam"' <michaelandjo@vivid networks.net>; "Lanette.VWndemaker" <Iwindemaker@msn.com>; "Jason Leep" <jason@pcdevelopment.com> Sent: Friday, September 16, 2005 3:19 PM Attach: becky.vcf Subject: Re: FW: 2 C&D IA Lanette&Greg, I talked to Jerry,he said this is fine.He would like to make sure PC Development is aware of the time lines as well since they are the ones in charge of making sure everything gets done. Let me know if you need anything else. Thanks, Becky Williams Gregory J.Allen wrote: >Becky and Jerry- >There is a change that Lanette needed to make to the Improvements agreement. >Basically it outlines the dates when things have to be done. Normally it's >all 9 months or 12 months but because Baxter Meadows has been given extra >time for the alleys Lanette felt is was wise to add in the dates. The dates >shown are reflective of getting approval at next Monday's Commission >Hearing. Because of the formatting changes Lanette made it will not be >necessary for you to sign again but she would like acknowledgement from you >that it is OK. I am sure an email will suffice. The reference to street >painting will come out as weather can play a major role in when you can >paint. >Incidentally the SILD was approved for phases 2 A,B,C,D last Monday on >consent. >-----Original Message----- >From: Lanette Windemaker[mailto.lwindemaker@BOZEMAN.NET] >Sent: Monday,September 12,2005 9:51 AM >To:Greg Allen;Michael McGullam >Subject:2 C&D IA >I think there needs to be some clarifications made on the IA page 2. Please >review,get Jerry's ok. I set it up so we can just insert the page. >Lanette Windemaker,AICP >Contract Planner >586-5266 9/16/2005 A OF BOZEMAN w DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMEt Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net June 22,2005 Jason Leep, Project Manager . PC Development 3985 Valley Commons Drive Bozeman, MT 59718 RE: Request for minor modification to Block 13 of Phase 2C, Baxter Meadows PUD Dear Jason, . After a review of the file, I discussed your request of June 14, 2005, with Andy Epple. It appears to us that this does not require a minor modification of the PUD approval, but instead is a minor modification of the preliminary plat approval. We do not have a problem with this minor modification of the preliminary plat approval since it does not increase the number of lots, it does not change the road or alley alignments, it does not decrease the amount of land for the park, and the park design has not previously been given City approval. . Furthermore, according to the minutes of February 2, 2004, a PUD deviation was granted to allow certain lots to be as small as 2,432 sq. ft.. For whatever reason, these two lots were not in compliance with that allowance. Therefore, this change brings those two lots into compliance with the PUD approval and would have been required prior to final plat and PUD plan approval. If you have any questions, please give me a call. Sincerely, 0 vV` \� l Lanette Windemaker, AICP Contract Planner planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination � , ` i �� ����`��/� � , ,, DEVELO PM ENT MEMORANDUM cc- JJll j J U 1 i 5 2005 TO: Mr. Andy Bpple, PI c ;! U City of Bozeman annin e artment Lt�^rART�IENT JF PLANNING y p AN E'?MMUNITY DEVELOPMENT FROM: Jason Leep Project Mana er DATE: June 14, 20:0 RE: Request for minor modification to Block 13 of Phase 2C, Baxter. Meadows PUD Dear Andy: As 'kve ciscussed over the phone recently, we are requesting a minor modification to Phase '?C of the Baxter Meadows PUD. Phase 2C has preliminary plat approval and we are currently in the process of installing infrastructure according to approved plans. The modification entails rearranging a cluster of lots in Block 13. I have attached a drawing showing the approved cone:gu-at=or on the left of the page and the planned modification or, the right. As the a Jawing shows, we are reducing the number of lots from ten to nine. We are also reorienting the park space in relation to the lots in order to reduce the visible exposure of the alley way from the park space that is problemati in the approved configuration. We feel that the new layout provides more build-able lots and.a better park space. We have sized the nine lots so that the total park_pa;.e is unchanged. The total block- area is also unchanged as is the configuration of the alley way and surrounding streets. TD&H, the project. engineers, have communicated the changes to Bob Murray as well. Thank you _or your attention tc- this matter and please call if you have que3tions or concerns. 3985 Valley Commons Dri\T Bozeman,MT 59718 (406)586-9922 • FAX(406)586.921 • ORIGINAL SUBMITTAL PROPOSED SUBMITTAL o zN ozo 3 01 O O Cn Cn d) O LOT 3 -0- -P CA CA LOT 1 p LOT 2 O LOT 3 O LOT 4 LOT 1 jj LOT 2 fV O C O O O cD cD z o�j 63.29' za 48.00' 38.00' 38.00' 38. 14' 42.00' 42.00' o LOT 4 o A W W 0 mj ry 66.00' Dwww O W= Q Q 63.29' o 0 o x w O LOT 5 w o PARK a PARK O LOT 5 J � 66.00 Q ,� J o Q aaa p LOT 6 g o 0 0 O O� 66:00'~ N 63.29' m m m A 48.00' 38.00' 38.00' 38.14' o LOT 6 DESIGDRAWN BY: RJD 42.00' 42.00' QUALITY CHECK: DATE: 6110105 N JOB NO. B05-016(010) FIELDBOOK CA CA 63.29' LOT 10 p LOT 9 O LOT 8 CD LOT 7 O CD O D LOT'9 CN LOT 8 (P O LOT 7 O 0 20' ao' so' Z I I I I I I I O SCALE (n ORIGINAL SUBMITTAL on z N � Q BLOCK AREA - 34,925.63 S.F. PROPOSED SUBMITTAL N Z W W O PARK AREA - 10,704.28 S.F. BLOCK AREA - 34,925.63 S.F. 3: a Q Oz 1 LOT 1 - 3072.00 S.F. PARK AREA - 10,840.67 S.F. Q OU LOT 2 - 2432.00 S.F. LOT 1 - 2637.28 S.F. Lu Lu NO m LOT 3 - 2432.00 S.F. LOT 2 - 2637.28 S.F. w m W LOT 4 - 2392.67 S.F. LOT 3 - 2812.00 S.F. ~ LOT 5 - 1782.00 S.F. LOT 4 - 2637.28 S.F. co m LOT 6 - 1782.00 S.F. LOT 5 - 2637.28 S.F. LOT 7 - 2392.67 S.F. LOT 6 - 2637.28 S.F. LOT 8 - 2432.00 S.F. LOT 7 - 2812.00 S.F. LOT 9 - 2432.00 S.F. LOT 8 - 2637.28 S.F. LOT 10 - 3072.00 S.F. LOT 9 - 2637.28 S.F. _ CAD NO.area linework.DWG SHEET I OF 'fs AUG 3 0 2005 ---dG--_--_o__---------- MEMORANDUM To: Andy Kerr, Engineering Assistant From.. Lanette Windemaker, AICP; Contract Planner Date: August 30, 2005 RE: Baxter Meadows Phases 2 C and D Final Plat#P-05040 (Preliminary Plat,# P- 03042) Attached please find the final plat and PUD plan submittal for the Baxter Meadows Phases 2 C and D. Baxter Meadows Phases 2 C and D, generally located north of Equestrian Lane and east of Vaquero Parkway. Please review for closure, and advise me of your findings. Thank you. C:\Program Files\TPCW\baxtermeadows-2c-2d.try [[Closure View1 -baxtermeadows-2c-2d J] [Traverse Summary] Closed Loop 21 Points From 1 To 21 Horizontal Distance: 6331.089 Feet Slope Distance: 6331.089 Feet Area: 970186.65 SgFt 22.27 Acres [ Error Summary] Relative: 1 : 1039513 Linear:0.006 Feet Direction:N6°56'56"E Northing:-0.006 Feet Easting:-0.001 Feet Elevation:0.000 Feet Angular: None [Closing Points] Point Northing Easting Elevation From 1 0.000 0.000 0.00 To 21 -0.006 -0.001 0.00 Correct 1 0.000 0.000 0.00 [Adjustments] TPC Desktop Page 1 08/30/05 04:37PM City of Bozeman Receipt Bozeman, Montana , 20 Received of the sum of Dollars for - By 0 CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 � 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 vVww.bozeman.net DEVELOPMENT REVIEW APPLICATION '�' I Nua 2 d an n5 I � I 1.Name of Project/Development: Baxter Meadows Subdivision P.U.D.,Sub-Phases 2C'&2D- - ---J h',;, ,uNITY DEVELOPMENT 2. Property Owner Information: Name: Baxter Meadows Development,L.P. E-mail Address: becky@baxtermeadows.com Mailing Address: P.O.Box 81487 Billings,MT 59108 Phone: 406.896.4910 FAX: 406.896.4911 3.Applicant Information: Name: Same as above E-mail Address: Mailing Address: Phone: FAX: t 4. Representative Information: r Name: Cadius Partners- Greg Allen /Michael McGullam E-mail Address: gregallen@bridgeband.com Mailing Address: P.O.Box 11427 Bozeman,MT 11 59719 michaelandjo@vividnetworks.net Phone: 406.556.4407 /406.556.4411 FAX: 406.586.7357 5. Legal Description: S '/z of Section 34,Tl ,R5E,PMM,City of Bozeman,Gallatin County,Montana 6. Street Address: N/A 7. Project Description: Neo-Traditional multi-use subdivision with residential and commercial uses. 8.Zoning Designation(s): R-3&B-2 9. Current Land Use(s): Vacant(Zoned/Annexed) 10.Bozeman 2020 Community Plan Designation: Residential/ Community Commercial Page 1 Appropriate Review Fee Submitted ❑ 0 0 • 11. Gross Area: Acres: 22.27 Square Feet: 970,192 12.Net Area: Acres: Square Feet: 13. Is the Subject Site Within an Overlay District? ❑ Yes,answer question 13a 0 No,go to question 14 13a.Which Overlay District? ❑ Casino ❑ Neighborhood Conservation ❑ Entryway Corridor 14.Will this application require a deviation(s)? Yes ❑ No 15.Application Type (please check all that apply): ❑O.Planned Unit Development—Concept Plan ❑A.Sketch Plan for Regulated Activities in Regulated Wetlands ❑P.Planned Unit Development—Preliminary Plan ❑B.Reuse,Change in Use,Further Development Pre-9/3/91 Site ❑✓ Q.Planned Unit Development—Final Plan ❑C.Amendment/Modification of Plan Approved On/After 9/3/91 ❑R.Planned Unit Development—Master Plan ❑D.Reuse,Change in Use,Further Development,Amendment/COA ❑S.Subdivision Pre-application ❑E.Special Temporary Use Permit ❑T.Subdivision Preliminary Plat ❑F.Sketch Plan/COA ❑✓ U.Subdivision Final Plat ❑G.Sketch Plan/COA with an Intensification of Use ❑V.Subdivision Exemption ❑H.Preliminary Site Plan/COA ❑W.Annexation ❑I.Preliminary Site Plan ElX.Zoning Map Amendment ❑J.Preliminary Master Site Plan ❑Y.Unified Development Ordinance Text Amendment • ❑K.Conditional Use Permit ❑Z.Zoning Variance ❑L.Conditional Use Permit/COA ❑AA.Growth Policy Map Amendment ❑M.Administrative Project Decision Appeal ❑BB.Growth Policy Text Amendment ❑N.Administrative Interpretation Appeal ❑Other: This application must be accompanied by the appropriate checklist(s),number of plans or plats,adjoiner information and materials,and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8'/z- by 11-inches or larger than 24-by 36-inches folded into individual sets no larger than 8'/2-by 14-inches. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Application deadlines are 5:00 pm every Tuesday. This application must be signed by both the applicant(s)and the property owner(s) (if different)before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development,approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. Finally,I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. I(We)hereby certify that the above information is true and correct to the best of my(our)knowledge. Applicant's Signature: Date: Applicant's Signature: Date: Property Owner's Signature: Date: Property Owner's Signature: Date: • Property Owner's Signature: Date: Page 2 (Development Review Application—Prepared 11/25/03) • • SUBDIVISION FINAL PLAT CHECKLIST These checklists shall be completed and returned as part of the submittal. Any item checked"No" or"N/A" (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. Subdivision Type. ❑ First Minor Subdivision from a Tract of Record ❑ First Minor Subdivision from a Tract of Record with a Variance ❑ Second or Subsequent Minor Subdivision from a Tract of Record ✓❑ Major Subdivision B. Total Number of Lots. 76 C. Date of Preliminary Plat Approval. 5 February 2004 D. Final Plat Requirements. A final plat submitted for approval must show or contain, on its face or on separate sheets referred to on the plat,the following information: Final Plat Requirements Yes No N/A 1. A title or title block indicating the quarter-section, section, township, range, principal ❑✓ ❑ ❑ meridian, county and,if applicable city or town,in which the subdivision is located.The title of the plat must contain the words"plat"and either"subdivision"or"addition" 2. The name of the person(s)who commissioned the survey and the name(s)of the owner of the ❑✓ ❑ ❑ land to be subdivided if other than the person(s)commissioning the survey,the names of any adjoining platted subdivisions, and the numbers of any adjoining certificates of survey previously filed 3. A north arrow and scale bar ❑✓ ❑ ❑ 4. The location of, and other information relating to, all monuments found, set,reset, replaced ❑✓ ❑ ❑ or removed 5. The location of any section corners or corners of divisions of sections pertinent to the survey ❑✓ ❑ ❑ 6. Witness and reference monuments and basis of bearings ❑✓ ❑ ❑ 7. The bearings,distances and curve data of all boundary lines ✓❑ ❑ ❑ 8. Data on all curves sufficient to enable the re-establishment of the curves on the ground ❑✓ ❑ ❑ 9. Lengths of all lines shown to at least tenths of a foot,and all angles and bearings shown to at ❑✓ ❑ ❑ least the nearest minute 10. All lots and blocks in the subdivision,designated by number, the dimensions of each lot and ❑✓ ❑ ❑ block,the area of each lot,and the total acreage of all lots 11. All streets, alleys, avenues, roads and highways; their widths (if ascertainable) from public ❑✓ ❑ ❑ records, bearings and area; the width and purpose of all road rights-of-way and all other easements that will be created by the filing of the plat;and the names of all streets,roads and highways 12. The location, dimensions and areas of all parks,common areas and other grounds dedicated ✓❑ ❑ ❑ for public use 13. The total acreage of the subdivision 0 ❑ ❑ 14. A narrative legal description of the subdivision 0 ❑ ❑ 15. The dated signature and the seal of the surveyor responsible for the survey ❑✓ ❑ ❑ 16. A memorandum of any oaths ✓❑ ❑ ❑ 17. The dated, signed and acknowledged consent to the subdivision of the owner of the land ❑✓ ❑ ❑ being subdivided 18. Certification by the City Commission that the final subdivision plat is approved ✓❑ ❑ ❑ 19. Space for the Clerk and Recorder's filing information ❑✓ ❑ ❑ 20. Any other information required as a condition of preliminary plat approval ❑✓ ❑ ❑ Page 3 (Subdivision Final Plat Checklist—Prepared 12/05/03;revised on 9/20/04) 0 0 E. Supplemental Documents. The following original documents must accompany final plat applications. All documents must be properly notarized,signed or sealed,where applicable: Supplemental Documents Yes No N/A 1. Certification of dedication of streets, parks, playground easements or other public ✓❑ ❑ ❑ improvements 2. Certification by the City Commission or their designated agent expressly accepting any ❑✓ ❑ ❑ dedicated land, easements or improvements. An acceptance of a dedication is ineffective without this certification 3. A certificate of a title abstractor showing the names of the owners of record of the land to be ❑✓ ❑ ❑ subdivided and the names of any lien holders or claimants of record against the land and the written consent to the subdivision by the owners of the land,if other than the developer,and any lien holders or claimants of record against the land. The certification shall have been issued no later than 30 days prior to a final plat submittal 4. Copies of any covenants or deed restrictions relating to the subdivision ✓❑ ❑ ❑ 5. When required,certification from the State Department of Environmental Quality stating that ❑ ❑ ❑ it has approved the plans and specifications for water supply and sanitary facilities 6. A certificate from the developer indicating which required public improvements have been ❑✓ ❑ ❑ installed and a copy of any subdivision improvements agreement securing the future construction of any additional public improvement to be installed 7. The certification of the county treasurer that all real property taxes and special assessments ✓❑ ❑ ❑ assessed and levied on the land to be subdivided have been paid 8. Articles of incorporation and by-laws for any property owners association ❑✓ ❑ ❑ 9. Copy of all permits listed in Section 18.78.020 (Streambed, Streambank and/or Wetlands ❑ ❑ ❑r Permits),BMC 10. Prior to final plat approval, a memorandum of understanding shall be entered into by the ❑✓ ❑ ❑ Weed Control District and the developer. The memorandum of understanding shall be signed by the district and the developer prior to final plat approval, and a copy of the signed document shall be submitted to the Planning Department with the application for final plat approval 11. A letter from the City Engineer certifying that as-built drawings (i.e., copies of final plans, ❑ ✓❑ ❑ profiles,grades,and specifications for public improvements,including a complete grading and drainage plan)have been received 12. A letter from the City Engineer certifying that a copy of all required state highway access or ❑ ❑ 0 encroachment permits have been received 13. For all land used to meet parkland dedication requirements, a final park plan shall be ❑✓ ❑ ❑ submitted to the City of Bozeman for review and approval prior to the installation of any park improvements. The final park plan shall be reviewed and approved by the City Commission, with a recommendation from the Bozeman Recreation and Parks Advisory Board. The final park plan shall include all of the information listed in Section 18.78.070.D (Final Park Plan), BMC 14. The developer shall provided irrigation system as-builts, for all irrigation installed in public ✓❑ ❑ ❑ rights-of-way and/or land used to meet parkland dedication requirements,once the irrigation system is installed. The as-bats shall include the exact locations and type of lines,including accurate depth,water source,heads,electric valves,quick couplers,drains and control box 15. Any other information required as a condition of preliminary plat approval ❑✓ ❑ ❑ Page 4 PLANNED UNIT DEVELOPMENT CHECKLIST The appropriate checklist shall be completed and returned as part of the submittal. Any item checked "No" or "N/A" (not applicable)must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. ❑ Planned Unit Development—Concept Plan. The following information and data shall be submitted: PUD Concept Plan Information Yes No N/A 1. Data regarding site conditions,land characteristics,available community facilities and ❑ ❑ ❑ utilities and other related general information about adjacent land uses and the uses of land within one-half mile of the subject parcel of land 2. Conceptual (sketch) drawing showing the proposed location of the uses of land, ❑ ❑ ❑ major streets and other significant features on the site and within one-half mile of the site 3• A computation table showing the site's proposed land use allocations by location and ❑ ❑ ❑ as a percent of total site area B. ❑ Planned Unit Development—Preliminary Plan. The following information and data shall be submitted: PUD Preliminary Plan Information Yes No N/A 1. The following information shall be presented in an 81/2-by 11-inch vertically bound document.The document shall be bound so that it will open and he flat for reviewing and organized in the following order: a. Application forms ❑ ❑ ❑ b. A list of names of all general and limited partners and/or officers and ❑ ❑ ❑ directors of the corporation involved as either applicants or owners of the planned unit development C. Statement of applicable City land use policies and objectives achieved by the ❑ ❑ ❑ proposed plan and how it furthers the implementation of the Bozeman growth policy d. Statement of the proposed ownership of open space areas ❑ ❑ ❑ e. Statement of the applicant's intentions with regard to future ownership of all ❑ ❑ ❑ or portions of the planned unit development f. Estimate of number of employees for business, commercial and industrial ❑ ❑ ❑ uses g. Description of rationale behind the assumptions and choices made by the ❑ ❑ ❑ applicant h. Where deviations from the requirements of this title are proposed, the ❑ ❑ ❑ applicant shall submit evidence of successful completion of the applicable community design objectives and criteria of Section 18.36.090 (PUD Design Objectives and Criteria),BMC.The applicant shall submit written explanation for each of the applicable objectives or criteria as to how the plan does or does not address the objective or criterion. The Planning Director may require,or the applicant may choose to submit,evidence that is beyond what is required in that section.Any element of the proposal that varies from the criterion shall be described i. Detailed description of how conflicts between land uses of different character ❑ ❑ ❑ are being avoided or mitigated j. Statement of design methods to reduce energy consumption, (e.g., ❑ ❑ ❑ home/business utilities,transportation fuel,waste recycling) Page 3 (PUD Checklist—Prepared 12/2/03;revised 9/21/04) • 0 PUD Preliminary Plan Information,continued Yes No I N/A 1. The following information shall be presented in an 8'/2-by 11-inch vertically bound document.The document shall be bound so that it will open and he flat for reviewing and organized in the following order: k. A development schedule indicating the approximate date when construction ❑ ❑ ❑ of the planned unit development, or stages of the same, can be expected to begin and be completed, including the proposed phasing of construction of public improvements and recreational and common space areas j. One reduced version of all preliminary plan and supplemental plan maps and ❑ ❑ ❑ graphic illustrations at 8'/z-by 11-inches or 11-by 17-inches size 2. In addition to all of the information listed on the Site Plan Checklist, the following information shall be included on the site plan: a. Notations of proposed ownership, public or private, should be included ❑ ❑ ❑ where appropriate b. The proposed treatment of the perimeter of the planned unit development, ❑ ❑ ❑ including materials and techniques used, such as screening, fences,walls and other landscaping C. Attorney's or owner's certification of ownership ❑ ❑ ❑ 3. Viewsheds: a. Looking onto and across the site from areas around the site,describe and map ❑ ❑ ❑ the views and vistas from adjacent properties that may be blocked or impaired by development of the site b. Describe and map areas of high visibility on the site as seen from adjacent ❑ ❑ ❑ off-site locations 4. Street cross-section schematics shall be submitted for each general category of street,including: a. The proposed width ❑ ❑ ❑ b. Treatment of curbs and gutters,or other storm water control system if other ❑ ❑ ❑ than curb and gutter is proposed C. Sidewalk systems ❑ ❑ ❑ d. Bikeway systems,where alternatives to the design criteria and standards of the ❑ ❑ ❑ City are proposed 5. Physiographic data,including the following: a. A description of the hydrologic conditions of the site with analysis of water ❑ ❑ ❑ table fluctuation and a statement of site suitability for intended construction and proposed landscaping,in compliance with Section 18.78.120.B.3.c,BMC b. Locate and identify the ownership of existing wells or well sites within 400 ❑ ❑ ❑ feet of the site 6. If the project involves or requires platting, a preliminary subdivision plat, subject to ❑ ❑ ❑ the requirements of this title relative to subdivisions,shall be submitted 7. Not withstanding the waiver provisions of Section 18.78.080.B.9, BMC, at the ❑ ❑ ❑ discretion of the City Engineer,a traffic impact analysis shall be prepared based upon the proposed development. The analysis shall include provisions of the approved development guidelines, and shall address impacts upon surrounding land uses.The Director of Public Service may require the traffic impact analysis to include the information in Section 18.78.0501, BMC. If a traffic impact analysis has been submitted as part of a concurrent subdivision review, that analysis shall meet this requirement 8. If the development's compliance with the community design objectives and criteria is ❑ ❑ ❑ under question,the City Commission may require additional impact studies or other plans as deemed necessary for providing thorough consideration of the proposed planned unit development 9. A proposed draft of a legal instrument containing the creation of a property owner's ❑ ❑ ❑ association sufficient to meet the requirements of Section 18.72.020 (Property Owners Association),BMC shall be submitted with the preliminary plan application Page 4 C. ✓❑ Planned Unit Development—Final Plan. The following information and data shall be submitted: PUD Final Plan Information Yes No N/A 1. A list of names of all general and limited partners and/or officers and directors of ❑ ❑ ❑✓ the corporation involved as either applicants or owners of the planned unit development 2. A final plan site plan shall be submitted on a 24- by 36-inch sheet(s) at the same scale as the approved preliminary plan.If a different scale is requested or required,a copy of the approved preliminary plan shall be submitted that has been enlarged or reduced to equal the scale of the final plan. However, only the scales permitted for the preliminary plans shall be permitted for final plans. The final plan site plan shall show the following information: a. Land use data(same information as required on the preliminary site plan) ❑✓ ❑ ❑ b. Lot lines,easements,public rights-of-way as per subdivision plat a ❑ ❑ C. Attorney's or owner's certification of ownership 0 ❑ ❑ d. Planning Director certification of approval of the site plan and its ❑✓ ❑ ❑ conformance with the preliminary plan e. Owner's certification of acceptance of conditions and restrictions as set forth ✓❑ ❑ ❑ on the site plan 3. A final landscape plan consistent with the conditions and restrictions of the ✓❑ ❑ ❑ approved preliminary plan shall be submitted. It shall also be consistent with the Chapter 18.48 (Landscaping), BMC, except that any stated conditions and restrictions of the preliminary plan approval shall supersede the provisions of Chapter 18.48(Landscaping),BMC 4. An official final subdivision plat of the site must accompany the final planned unit ❑✓ ❑ ❑ development plan when applicable. City approval of the final subdivision plat shall be required before issuance of building permits 5. Prior to submission of the final plan to the DRC and ADR staff, engineering plans ✓❑ ❑ ❑ and specifications for sewer, water, street improvements and other public improvements,and an executed improvements agreement in proper form providing for the installation of such improvements,must be submitted to and approved by the City 6. A plan for the maintenance of open space, meeting the requirements of Section ✓❑ ❑ ❑ 18.72.040(Common Area and Facility Maintenance Plan and Guarantee),BMC,shall be submitted with an application for final plan approval. Open space shown on the approved final plan shall not be used for the construction of any structures not shown on the final plan Page 5 SITE PLAN CHECKLIST These checklists shall be completed and returned as part of the submittal. Any item checked "No" or"N/A" (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. Design Review Board (DRB) Site Plan Review Thresholds. Does the proposal include one or more of the following: Design Review Board(DRB)Site Plan Review Thresholds Yes No 1• 20 or more dwelling units in a multiple household structure or structures ❑ ❑✓ 2. 30,000 or more square feet of office space, retail commercial space, service commercial space or ❑ ❑ industrial space 3• More than two buildings on one site for permitted office uses, permitted retail commercial uses, ❑ ✓❑ permitted service commercial uses,permitted industrial uses or permitted combinations of uses 4. 20,000 or more square feet of exterior storage of materials or goods El 5. Parking for more than 60 vehicles ❑ ✓❑ B. General Information. The following information shall be provided for site plan review: General Information Yes No N/A 1• Location map,including area within one-half mile of the site ✓❑ ❑ ❑ 2. List of names and addresses of property owners according to Chapter 18.76,BMC(Noticing) ❑ ❑ ✓❑ 3• A construction route map shall be provided showing how materials and heavy equipment will ❑ ❑ 0 travel to and from the site. The route shall avoid, where possible, local or minor collector streets or streets where construction traffic would disrupt neighborhood residential character or pose a threat to public health and safety 4. Boundary line of property with dimensions ❑✓ ❑ ❑ 5. Date of plan preparation and changes ❑✓ ❑ ❑ 6• North point indicator ✓❑ ❑ ❑ 7. Suggested scale of 1 inch to 20 feet,but not less than 1 inch to 100 feet ❑✓ ❑ ❑ 8• Parcel size(s)in gross acres and square feet ❑✓ ❑ ❑ 9• Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio,FAR), ❑ ❑ ✓❑ with a breakdown by land use 10. Location,percentage of parcels)and total site,and square footage for the following: a. Existing and proposed buildings and structures ❑ ❑ 0 b. Driveway and parking ❑ ❑ ✓❑ C. Open space and/or landscaped area,recreational use areas,public and semipublic land, 0 ❑ ❑ parks,school sites,etc. d. Public street right-of-way 0 ❑ ❑ 11. Total number,type and density per type of dwelling units,and total net and gross residential 0 ❑ ❑ density and density per residential parcel 12. Detailed plan of all parking facilities, including circulation aisles, access drives, bicycle racks, ❑ ❑ 0 compact spaces, handicapped spaces and motorcycle parking, on-street parking, number of employee and non-employee parking spaces, existing and proposed, and total square footage of each Page 3 (Site Plan Checklist—Prepared 12/05/03;revised 9/22/04) • • General Information,continued Yes No N/A 13. The information required by Section 18.78.0601, BMC (Streets, Roads and Alleys), unless ❑ ❑ ❑✓ such information was previously provided through a subdivision review process, or the provision of such information was waived in writing by the City during subdivision review of the land to be developed,or the provision of such information is waived in writing by the City prior to submittal of a preliminary site plan application 14. Description and mapping of soils existing on the site, accompanied by analysis as to the ,❑ ❑ ❑ suitability of such soils for the intended construction and proposed landscaping 15. Building design information(on-site): a. Building heights and elevations of all exterior walls of the building(s)or structure(s) ❑ ❑ ✓❑ b. Height above mean sea level of the elevation of the lowest floor and location of lot ❑ ❑ ✓❑ outfall when the structure is proposed to be located in a floodway or floodplain area C. Floor plans depicting location and dimensions of all proposed uses and activities ❑ ❑ ✓❑ 16. Temporary facilities plan showing the location of all temporary model homes, sales offices ❑ ❑ ✓❑ and/or construction facilities,including temporary signs and parking facilities 17. Unless already provided through a previous subdivision review, a noxious weed control plan ✓❑ ❑ ❑ complying with Section 18.78.050.H, BMC (Noxious Weed Management and Revegetation Plan) 18. Drafts of applicable supplementary documents as set forth in Chapter 18.72, BMC ❑ ❑ 0 (Supplementary Documents) C. Site Plan Information. The location,identification and dimension of the following existing and proposed data,onsite and to a distance of 100 feet (200 feet for PUDs) outside the site plan boundary, exclusive of public rights-of-way, unless otherwise stated: Site Plan Information Yes No N/A 1. Topographic contours at a minimum interval of 2 feet, or as determined by the Planning 0 ❑ ❑ Director 2. Adjacent streets and street rights-of-way to a distance of 150 feet,except for sites adjacent to ✓❑ ❑ ❑ major arterial streets where the distances shall be 200 feet 3. On-site streets and rights-of-way ✓❑ ❑ ❑ 4. Ingress and egress points ❑ ❑ ❑ 5. Traffic flow on-site ❑✓ ❑ ❑ 6. Traffic flow off-site ✓❑ ❑ ❑ 7. Utilities and utility rights-of-way or easements: a. Electric ❑✓ ❑ ❑ b. Natural gas ❑✓ ❑ ❑ C. Telephone,cable television and similar utilities ❑✓ ❑ ❑ d. Water ✓❑ ❑ ❑ e. Sewer(sanitary,treated effluent and storm) ❑✓ ❑ ❑ 8. Surface water,including: a. Holding ponds,streams and irrigation ditches ❑✓ ❑ ❑ b. Watercourses,water bodies and wetlands ✓❑ ❑ ❑ C. Floodplains as designated on the Federal Insurance Rate Map or that may otherwise be ✓❑ ❑ ❑ identified as lying within a 100-year floodplain through additional floodplain delineation, engineering analysis, topographic survey or other objective and factual basis d. A floodplain analysis report in compliance with Chapter 18.58, BMC (Bozeman ❑✓ ❑ ❑ Floodplain Regulations)if not previously provided with subdivision review Page 4 • 9 Site Plan Information,continued Yes No N/A 9. Grading and drainage plan, including provisions for on-site retention/detention and water ❑✓ ❑ ❑ quality improvement facilities as required by the Engineering Department, or in compliance with any adopted storm drainage ordinance or best management practices manual adopted by the City 10. All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc. which may be incorporated into the storm drainage system for the property shall be designated: a. The name of the drainageway(where appropriate) ❑ ❑ ❑✓ b. The downstream conditions(developed,available drainageways,etc.) ❑ ❑ ❑✓ C. Any downstream restrictions ❑ ❑ ✓❑ 11. Significant rock outcroppings, slopes of greater than 15 percent or other significant ❑ ❑ ❑✓ topographic features 12. Sidewalks, walkways, driveways, loading areas and docks, bikeways, including typical details ❑✓ ❑ ❑ and interrelationships with vehicular circulation system, indicating proposed treatment of points of conflict 13. Provision for handicapped accessibility, including but not limited to, wheelchair ramps, ❑✓ ❑ ❑ parking spaces, handrails and curb cuts, including construction details and the applicant's certification of ADA compliance 14. Fences and walls,including typical details ❑ ❑ ❑✓ 15. Exterior signs. Note—The review of signs in conjunction with this application is only review ❑ ❑ ✓❑ for compliance with Chapter 18.52,BMC (Signs). A sign permit must be obtained from the Department of Planning and Community Development prior to erection of any and all signs. 16. Exterior refuse collection areas,including typical details ❑ ❑ ✓❑ 17. A site plan,complete with all structures,parking spaces,building entrances,traffic areas (both ❑ ❑ ✓❑ vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses, containing a layout of all proposed fixtures by location and type. The materials required in Section 18.78.060.R,BMC(Lighting Plan),if not previously provided 18. Curb,asphalt section and drive approach construction details ❑✓ ❑ ❑ 19. Landscaping-detailed plan showing plantings,equipment,and other appropriate information 21 ❑ ❑ as required in Section 18.78.100, BMC (Submittal Requirements for Landscaping Plans). If required,complete section C below 20. Unique natural features,significant wildlife areas and vegetative cover,including existing trees ✓❑ ❑ ❑ and shrubs having a diameter greater than 2.5 inches,by species 21. Snow storage areas ❑,. ❑ ❑ 22. Location of City limit boundaries,and boundaries of Gallatin County's Bozeman Area Zoning ✓❑ ❑ ❑ Jurisdiction,within or near the development 23. Existing zoning within 200 feet of the site ✓❑ ❑ ❑ 24. Historic, cultural and archeological resources, describe and map any designated historic ❑ ❑ ✓❑ structures or districts,and archeological or cultural sites 25. Major public facilities,including schools,parks,trails,etc. ❑✓ ❑ ❑ D. Landscape Plans. If a landscape plan is required,the following information shall be provided on the landscape plan: Landscape Plan Information Yes No N/A 1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the ❑✓ ❑ ❑ property owner and the person preparing the plan 2. Location of existing boundary lines and dimensions of the lot ❑✓ ❑ ❑ Page 5 • • Landscape Plan Information,continued Yes No N/A 3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the ❑✓ ❑ ❑ location of any 100-year floodplain; the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys,utility easements,utility lines,driveways and sidewalks on the lot and/or adjacent to the lot 4. Project name,street address,and lot and block description ✓❑ ❑ ❑ 5. Location,height and material of proposed screening and fencing(with berms to be delineated ❑ ❑ ✓❑ by one foot contours) 6. Locations and dimensions of proposed landscape buffer strips,including watercourse buffer ❑✓ ❑ ❑ strips 7. Complete landscape legend providing a description of plant materials shown on the plan, ❑✓ ❑ ❑ including typical symbols, names (common and botanical name), locations, quantities, container or caliper sizes at installation,heights,spread and spacing.The location and type of all existing trees on the lot over 6 inches in caliper must be specifically indicated 8. Complete illustration of landscaping and screening to be provided in or near off-street parking ❑ ❑ ✓❑ and loading areas,including information as to the amount(in square feet)of landscape area to be provided internal to parking areas and the number and location of required off-street parking and loading spaces 9. An indication of how existing healthy trees (if any) are to be retained and protected from ❑ ❑ ✓❑ damage during construction 10. Size,height,location and material of proposed seating,lighting,planters,sculptures,and water ❑✓ ❑ ❑ features 11. A description of proposed watering methods ❑✓ ❑ ❑ 12. Location of street vision triangles on the lot(if applicable) ❑r ❑ ❑ 13. Tabulation of points earned by the plan — see Section 18.48.060, BMC (Landscape ❑ ❑ Performance Standards) 14. Designated snow removal storage areas ❑✓ ❑ ❑ 15. Location of pavement,curbs,sidewalks and gutters ❑✓ ❑ ❑ 16. Show location of existing and/or proposed drainage facilities which are to be used for ❑ ❑ r❑ drainage control 17. Existing and proposed grade ✓❑ ❑ ❑ 18. Size of plantings at the time of installation and at maturity ❑✓ ❑ ❑ 19. Areas to be irrigated ❑✓ ❑ ❑ 20. Planting plan for watercourse buffers,per Section 18.42.100,BMC (Watercourse Setbacks),if ❑✓ ❑ ❑ not previously provided through subdivision review 21. Front and side elevations of buildings, fences and walls with height dimensions if not ❑ ❑ ❑ otherwise provided by the application. Show open stairways and other projections from exterior building walls Page 6 0 0 V FINAL PLAT / PUD SUBMITTAL PHASE 2C 2D ,)l AUU 2 II BAXTE :ram�►.p,f-0� + � .,��j„/\.s.;s*'�ti,,,,:����, :�o�. 5' �,,= ;'' __•:ill .. .o/•"^' ::'N ?^� �\;fir ♦ 't, .•dal'_ T,=..- — s �• 1 Y"t �'� �1 . MEADOWS DEVELOPMENT, 22 AUGUST 00 No E1 D I US a MA* _ •_ TNERS �t 9 3 WTI mm� O i a i ( l k LL O�- F uj W ` J H �r • GQ� i it a I� ;t. 4i i� i Ir II 0 0 Tab# Condition # Document 1 9 Concurrent Construction 2 12/19 (Plan) Park Area&Open Space Calculations (2C &2D) Restated Park Area & Open Space Calculations (Phases 1 &2A) 3 13-15 Park and Landscape Plans (Drawings) 4 16 Park Master Plan (Narrative) 5-7 21 Owner's Association Documents 8 22 Final Plat Drawing 9 24 Street Lighting Plan 10 25 MOU -Weed Control 11 30, 31, 32 Waiver of SID's(Streets); (Park Maintenance); (Signal Improvement) 12 33 Water Rights(Cash in Lieu) 13 35 Written Verification of Local Utility Agencies 14 36 Final PUD Drawing 15 41 Phasing Plan 16 44 Financial Guarantee • 17 44 Improvements Agreement& Estimates 18 52 100-year Flood Plain Analysis 19 54 Approval of Street Names 20 56 Offsite Easements Document 21 60 DEQ Documents 22 73 Title Report 23 82 Lift Station Agreement 24 14 (Plan) ADA Compliance 25 16 (Plan) Table of Approved Variances(By Block) 22 August 2005 • City of Bozeman Department of Planning and Community Development Attn: Lanette Windemaker, AICP 20 East Olive Street Bozeman, MT 59715 Re: Baxter Meadows Phase II PUD Major Subdivision Preliminary Plat#P-03042 and PUD Preliminary Plan#Z-03276 Dear Lanette: This letter shall serve as the responses to condition for Sub-Phases 2C & 21); as revised in the table below. It provides information specific to your letter dated February 5, 2004 outlining the conditions under which the Bozeman City Commission voted approve the Baxter Meadows Phase II PUD Major Subdivision Preliminary Plat and PUD Preliminary Plan. The following is our response showing how the terms of each condition have been met: (NOTE: Please reference Revised Sub-Phasing Plan (Tab 15), submitted with Final Plat application for Phase 2A - 14 June 2004. Conditions were originally written based on Phases Ha,IIb & IIc when submitted with Preliminary Plat for all of Phase H. • For ease & reference when reading Conditions & Responses the following Table is provided: Original Sub-Phasing Revised Sub-Phasing Ha.—Blocks 16, 18,20 and Tracts 1A& 1B 2A—Blocks 16, 18 and 20 IIb.—Blocks 9, 10, 11, 12, 13 and 14 2B—Blocks 15 IIc.—Blocks 15, 17, 19,21 2C—Blocks 12, 13 and 14 2D—Blocks 9, 10 and 11 2E—Blocks 17 2F—Blocks 19 and 21 2G—Tracts 1A& 1B Baxter Meadows Phase II PUD Major Subdivision Preliminary Plat#P-03042 Planning Subdivision Specific Conditions-Phase IIA (Blocks 16, 18, 20 and Tracts 1A, 1B) and Phase IIC Blocks 15, 17, 19 and 21): 1. If concurrent construction is approved for Phase IIA and IIC, a concurrent construction plan, for an approved final lot-specific plan that addresses all aspects of Section 16.22.030 may be submitted for review, evaluation and consideration. Subdivider shall remain responsible for all building permits until all infrastructure improvements are compete and accepted by the City of Bozeman. No occupancy shall be permitted until all infrastructure improvements are complete and all other • conditions have been met. R: N/A—not part of these Sub-Phases 0 • 2. Applicant shall provide parking for Blocks 16, 18 and 20 of Phase IIA based on the following • calculation: ((net building area (gross lot area minus 20%) x 2 (floors)) / 1,000) x 1.72. Applicant shall provide parking for Blocks 17,19 and 21 of Phase IIC at a ratio supported by a parking demand study on Blocks 16, 18 and 20 of Phase IIA but shall not be less than the requirement based on the following calculation: ((net building area (gross lot area minus 20%) x 2 (floors)) / 1,000) x 1.72. Applicant may use a combination of the following options. net building area(gross lot area minus 20% floors) x 1.72 1,000 Option 1. Applicant shall construct surface parking. Construction shall include but not be limited to continuous concrete curbs, asphalt, striping, drive approach, landscaping, and irrigation. Pursuant to Condition# 44, surface parking shall be constructed within 1 year of final plat approval and prior to occupancy of any structure. Option 2. Applicant shall construct a parking garage. Pursuant to Condition # 44, parking garage shall be constructed within 1 year of final plat approval and prior to occupancy of any structure. Option 3. Applicant shall establish an escrow account in the name of the POA for the sole purpose of providing parking, applicant shall place in the escrow account 150% of the cost of constructing the surface parking, applicant shall restrict on the plat all lots required to meet the surface parking needs, and applicant may reserve air space for other uses. Pursuant to Condition# 43, all parking facilities shall be constructed within 4 years of preliminary plat approval. • Option 4. Applicant shall establish an escrow account in the name of the POA for the sole purpose of providing parking, applicant shall place in the escrow account 150% of the cost of constructing a parking structure, applicant shall restrict on the plat all lots required to meet the parking structure needs, and applicant may reserve air space above the height of the parking structure for other uses. Pursuant to Condition # 43, all parking facilities shall be constructed within 4 years of preliminary plat approval. Nothing herein precludes the applicant from utilizing areas set aside for parking facilities (surface or garage) for other purposes provided these conditions are not violated and applicant submits to site plan review. Applicant shall covenant all lots required to meet the parking needs granting parking access to all purchasers of property in Blocks 16 thru 21 and the POA. Applicant shall make the POA responsible for liability insurance,taxes, use and maintenance of all parking facilities. R: N/A—not part of these Sub-Phases. Blocks 9— 14 not addressed by this condition. 3. Applicant shall fulfill Condition# 2, for option 1 or 2, prior to occupancy of any structure, and if the Final Plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. If the applicant selects either option 3 or 4, it shall be fulfilled prior to filing the Final Plat. R: N/A—not part of these Sub-Phases. Blocks 9— 14 not addressed by this condition. 0 0 4. One-foot wide "no access" strips shall be placed along both sides of Baxter Lane to preclude direct • lot access onto Baxter Lane. R: N/A. Baxter Lane does not adjoin the submitted Sub-Phases. 5. The mid-block utility/access easements shall be a minimum of 15' wide and shall include a pedestrian walkway. R: N/A—not part of these Sub-Phases. Blocks 9—14 not addressed by this condition. 6. A minimum 50' watercourse setback pursuant to Section 16.14.170 shall be clearly delineated on the final plat, and shall include all adjacent wetlands. On-site stormwater treatment facilities may be located within the Zone 2 portion of the watercourse setback. R: This setback will be met and will be clearly delineated on the Final Plat. Stormwater treatment facilities are located within Zone 2 and will be clearly delineated on the Landscape Plans. A 35' setback has been allowed in Phase 2C — please refer to condition #10 below. See (Final Plat-Tab 8) and (Tab 3—Landscape Plan Sheets SD-1,L-1 & L-3) 7. Baxter Parkway shall be designed with parallel parking on both sides of the street. R: N/A — not part of these Sub-Phases. Blocks 9 — 14 not addressed by this condition. Note: Baxter Parkway has been re-named Vaquero Parkway with street name approval completed in • Sub-Phase 2A. 8. Phase IIC may not receive final plat approval prior to final plat approval of Phase IIA. R: This condition is understood and has been followed. (Phase 2A — Blocks 16, 18 & 20 received final plat July of 2004.) See table above; Phase IIC is now Sub-Phases 2B,2E & 2F. Planning Subdivision Specific Conditions-Phase IIB Blocks 9, 10, 11, 12, 13 and 14). (Note: Original Phase IIB is actually 2C (Blocks 12, 13 and 14) & 2D (Blocks 9, 10 and 11) in new sub-phasing plan established with Phase 2A- See Phasing Plan Tab 15) 9. If concurrent construction is approved for Phase IIB, a concurrent construction plan that addresses all aspects of Section 16.22.030 may be submitted for review, evaluation and consideration. Subdivider shall remain responsible for all building permits until all infrastructure improvements are compete and accepted by the City of Bozeman. No occupancy shall be permitted until all infrastructure improvements are complete and all other conditions have been met. R: Baxter Meadows Development will be using concurrent construction for Revised Phase 2C (Blocks 12, 13 and 14) & 2D (Blocks 9, 10 and 11) as described. A concurrent construction plan has been prepared and is submitted for review in compliance with this condition. Subdivider understands they shall remain responsible for all building permits until all infrastructure • improvements are compete and accepted by the City of Bozeman and that no occupancy will be permitted until all infrastructure improvements are complete and all other conditions have been met. See (Concurrent Construction Plan-Tab 1) 0 0 10. A minimum 35' watercourse setback pursuant to Section 16.14.170 shall be clearly delineated on the final plat, and shall include all adjacent wetlands. • R: This setback, including adjacent wetlands,will be met and will be clearly delineated on the Final Plat. See(Tab 8) Planning Subdivision Specific Conditions-All Phases: 11. Plans and specifications shall include detailed parking plans. These parking plans shall included full details for parking to be constructed immediately; and preliminary details, locations and costs for both the surface parking required to meet the PUD minimum requirements, as well as, the proposed parking garage. Provide sufficient design detail for the parking garage, including parking stall width and depth, driveway width, number of spaces, and ramp location to assure structure will fit on designated lot. In addition, provide a study from a professional engineer of licensed architect estimating the cost per space for the completion of the structure. The estimate should be based on recently constructed parking structures of similar size and characteristics. R: N/A Phase 2C and 2D are residential in nature. Adequate parking will be supplied with SFR garages and on-street parking. For Block 14,Lots 1 —4 (Multi-Family) the individual site plans presented by the builder shall provide for parking adequate to the densities proposed when coupled with their available on-street parking. 12. Documentation of satisfaction of park dedication requirements in accordance with Section 16.14.100 of the Bozeman Subdivision Regulations shall be provided. For residential units, 0.03 acres per dwelling unit shall be dedicated for parkland. For non-residential (unless restricted to non- • residential uses by deed) and multi-family, 11% of the total square feet of lot area shall be dedicated for parkland. R: Calculations show that based on the requirement of.03 acres per dwelling unit and a total of 72 SFR lots and 4 multi-family lots (each anticipating 5 dwelling units), that we have a total of 92 units anticipated. This results in a parkland requirement of 120,226 SF for Sub-Phases 2C & 2D. Park requirements have been met with the 5 sections of park and 3 sections of wetland totaling in excess of the requirement. See (Tab 2 — Park Area & Open Space Calculations) and (Tab 8—Final Plat). Note: Under Tab 2 there is a summary sheet for park and open space for all current phases with corresponding calculation sheets showing amounts carried over from previous phases and amounts available for carry to future sub-phases. See also Tab 2 — A restatement of calculations from Sub-Phase 2A (Blocks 16, 18 & 20), for historical background on amounts that were carried forward previously from Phase 1. 13. Applicant shall submit a formal development plan for the design of the dedicated parkland(s) for review and approval by the Bozeman Recreation and Parks Advisory Board, signed by a certified landscape architect. Details of plantings, species, topography, irrigation system, and any permanent park features shall be shown and discussed with the plan. The applicant shall obtain written • approval from the Bozeman Recreation and Parks Advisory Board regarding the final design prior to submittal of the formal development plan for review and approval by the City Commission. R: On behalf of the applicant, Peaks to Plains Design has submitted site development & landscape plans for the design of the dedicated parkland in Sub-phases 2C & 2D. This plan • has been reviewed and received conditional approval from the Bozeman Recreation and Parks Advisory Board. We have received written conditional approval and have complied with the conditions stated. See (Tab 3 and Sheets T-1 thru L-5) 14. Applicant shall submit a formal development plan for the design of the dedicated parkland(s), for review and approval by the City Commission, signed by a certified landscape architect. Details of plantings, species, topography, irrigation system, and any permanent features shall be shown and discussed with the plan. Approval of the City Commission shall be obtained prior to installation of any improvements. The approved development plan shall be provided with the final plat. R: On behalf of the applicant, Peaks to Plains Design prepared the formal development plan for the design of the dedicated parkland. This plan has been reviewed and conditional approval from the Bozeman Recreation and Parks Advisory Board has been given. Planning staff has submitted to the City of Bozeman Commission for approval on consent agenda — Sept. 6th, 2005. The improvements will not be installed prior to a pre-construction meeting with the City of Bozeman Parks Dept. See(Tab 3, Sheets T-1 thru L-5) 15. Applicant shall submit a formal development plan for the design of all parkland(s), open space, watercourse setback, boulevards, pedestrian walks/pathways and center area for review and approval by the Superintendent of Facilities and Lands, signed by a certified landscape architect. Details of plantings, species, topography, irrigation system, and any permanent features shall be shown and discussed with the plan. Approval of the Superintendent of Facilities and Lands shall be obtained • prior to installation of any improvements. The approved development plan shall be provided with the final plat. R: Peaks to Plains Design has submitted a plan on behalf of the Applicant which has been reviewed and approved by the Superintendent of Facilities and Lands. See(Tab 3) 16. Upon approval of the formal development plan by all 3 parties specified in the Conditions # 13, 14 and 15, the Applicant shall develop a Park Master Plan for all parkland and open space. The Master Plan will include a narrative that addresses the following topics: History of the Property; Description of the Existing Conditions; Needs Analysis of the Park; Proposed Present and Future Park Uses and Activities; Description of the Level of Service Designated for the Park, including mowing, fertilization, weed control, irrigation, snow removal, trash collection, and landscaping maintenance. The developed Master Plan will be submitted to the Superintendent of Facilities and Land for review and approval by city staff, the Recreation and Parks Advisory Board, and the City Commission. R: Olson Landscape Architecture submitted a Park Master Plan for Phases 1 & 2 on behalf of the Applicant with Sub-Phase 2A (Blocks 16, 18 & 20). Approval of the final narrative was obtained from the appropriate City of Bozeman officials, boards, and commission and included in the Plat submittal for Sub-Phase 2A. Through meetings with city staff and the Superintendent of Facilities and Lands the Master Plan has been updated to include detail sheets requested by staff. Confirmation of this approval is included in the form of a letter from the City of Bozeman Parks Department. A copy of the revised Master Plan is on file with the City Planning and City Parks offices- See(Tabs 3 & 4) 0 • 17. Applicant shall be responsible for installation of all parkland(s), open space, watercourse setback, boulevards/medians, pedestrian walks/pathways and center area related improvements. Construction of the improvements will be to the City standards and must be completed with City oversight, • including a preconstruction meeting. R: Applicant understands that he is responsible for the installation of all parkland(s), open space, watercourse setbacks, boulevards/medians, pedestrian walks/pathways and center area related improvements and that those improvements must be completed to the City of Bozeman standards and with City of Bozeman oversight which includes a preconstruction meeting. The cost of these improvements is covered by the financial guarantee. See(Tabs 16 & 17) 18. Applicant shall be responsible for installation of pedestrian/equestrian trail(s) connecting to the pedestrian/equestrian trail(s) to the south and extending to the north end of the linear park. The specific trail(s) design(s) will be determined during the formal development plan approval process specified in Conditions # 13, 14 and 15, at a minimum the pedestrian trail will be constructed to the Class II design standards. Construction of the improvements will be to the City standards and must be completed with City oversight, including a preconstruction meeting. R: Applicant understands that he is responsible for the installation of pedestrian trail(s) connecting to the pedestrian trail(s) to the south and extending to the north end of the linear park. The specific trail(s) design(s) will be determined during the formal development plan approval process specified in Conditions # 13, 14 and 15, at a minimum the pedestrian trail will be constructed to the Class II design standards. Those improvements must be completed to the City of Bozeman standards and with City of Bozeman oversight which includes a preconstruction meeting. The equestrian trail has been removed as a requirement by the • Parks board and subsequently by the Bozeman City Commission with approval of the park Master Plan submitted with Phase 2A. The cost of these improvements is covered by the financial guarantee. See (Tab 3—Landscape Plan) and (Tabs 16 & 17—Financial Guarantee). 19. Applicant shall be responsible for installing landscaping and an irrigation system in the public right- of-way boulevard strips and medians along all external subdivision streets and adjacent to parkland(s), open space, watercourse setback, pedestrian walks/pathway and center areas pursuant to Section 16.14.110 of the Bozeman Subdivision Regulations. R: Applicant understands that he is responsible for the installation of landscaping and irrigation in the public right-of-way, boulevard strips, and medians along all external subdivision streets and adjacent to parkland(s), open space, watercourse setback, pedestrian walks/pathway and center areas pursuant to Section 16.14.110 of the Bozeman Subdivision Regulations and will comply with this requirement. The cost of these improvements is covered by the financial guarantee. See (Tab 3 — Landscape Plan) and (Tabs 16 & 17 — Financial Guarantee). 20. All landscaped common areas shall have an underground irrigation system installed in compliance with City standards and specifications. The applicant shall provide irrigation system as-builts in accordance with Section 16.08.090. R: Irrigation systems will be installed as required and will be provided in accordance with • Section 16.08.090 of the Bozeman Subdivision Regulations. The cost of these improvements is covered by the financial guarantee. Irrigation as-built drawings for all completed park have been supplied to the City of Bozeman Parks Department. See (Tabs 16 & 17 — Financial Guarantee). 21. Maintenance of common areas and facilities such as parkland(s), open space, rights-of-way, parking facilities, pedestrian walks/pathways and center area, etc. shall be provided by the developer and/or homeowners' association in accordance with Section 16.14.130. R: Developer and/or the master community association will provide maintenance of common areas and parkland as required. Maintenance of public parks will be turned over to the City of Bozeman once a Park Maintenance District has been established. Please refer to the enclosed Community Declaration for Baxter Meadows Master Community (Tab 5, Article 5, Section 5.1-5.5,pages 19 through 22). 22. The Final Plat shall contain the following language that is readily visible with lettering on the plat at a minimum width of 3/16 inch in height, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision: "Due to relatively high ground water table within the areas of the subdivision, it is not recommended that residential dwellings with full basements be constructed without first consulting a professional engineer. If daylight basements are incorporated in the construction of residential dwellings, they should not have a depth greater than three (3) feet below the top of the curb or crown of the street from which it is served." R: The notation has been made on the Final Plat with readily visible lettering. Please refer to the enclosed final plat for; Revised Sub-Phase 2C (Blocks 12, 13 and 14) & 2D (Blocks 9, 10 . and 11)- See (Tab 8, Sheet 2 of 2). 23. Applicant shall provide a soils report, along with building plans, to the Building Division, recommending types of foundations. If development shall occur in phases, the soils report may address those lots within the proposed phase. R: Soils reports have been furnished to the Bozeman Building Department. 24. Subdivision lighting shall be incorporated into the subdivision by one of the following: a) the subdivider shall install street and pathway lighting throughout the subdivision pursuant to Section 16.14.230 of the Bozeman Subdivision Regulations. Lighting shall be maintained by means of the Property Owners' Association through Protective Covenants; or b) the subdivider shall participate in a Street Improvement Lighting District (SILD) for the provision of street and pathway lighting pursuant to Section 16.14.230 of the Bozeman Subdivision Regulations. All subdivision lighting provided shall conform to Section 16.14.230 of the Bozeman Subdivision Regulations. A lighting plan including isofootcandle plots and description of the proposed equipment, with details and specifications (cut sheets), bulb type and size, and locations shall be provided with the final plat and subject to review and approval by the Planning Department. R: Approval has been granted for the lighting design which was submitted for all of Phase 2 with the Plat submittal approved July 2004 (Revised Sub-phase 2A (Blocks 16, 18, 20)). The layout plan for lighting in this subdivision was originally determined on site with • representatives from Baxter Meadows, the City of Bozeman and Northwestern Energy. The plan that has been submitted for Phase 2 follows the finds of that group during review of Phase 1 submittals. Documentation has been provided to the City of Bozeman for formation of a SILD. It is understood that until such date that a SILD is formed the cost of installation will be born by the developer and the Owners' Association will be responsible for maintenance. The cost of these improvements is covered by the financial guarantee. See (Tab 9) and (Tabs 16 — 18 — Financial Guarantee). 25. Prior to final plat approval, a Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of county declared noxious weeds. A signed copy of this Understanding must be provided to the Planning Department. R: A Memorandum of Understanding with the Weed Control District has been provided for Phase 2 as (Tab 10). 26. A declaration of covenants for this subdivision must be included and recorded with the Final Plat that specifically includes the provisions from Section 16.34.030. A draft of these covenants must be submitted for review and approval by the Planning Department prior to filing and recordation with the Gallatin County Clerk and Recorder. R: The relevant covenants that are submitted for review and approval by the City of Bozeman Planning Department for this subdivision,with this phase, are as follows: a. Articles of Incorporation for the Baxter Meadows Master Community Association (See Tab 5) b. Community Declaration for Baxter Meadows Master Community (See Tab 5) C. Bylaws of the Baxter Meadows Master Community Association (See Tab 5) d. Design Review Guidelines and Regulations (See Tab 5) • e. Articles of Incorporation for Baxter Meadows Central Property Owners Association,Inc. (See Tab 6) f. Declaration of Baxter Meadows Central(See Tab 6) g. Bylaws of Baxter Meadows Central Property Owners Association,Inc. (See Tab 6) h. Articles of Incorporation for Baxter Meadows Central Condominium Association, Inc. (See Tab 7) i. Declaration of the Baxter Meadows Central Condominiums (See Tab 7) j. Bylaws of Baxter Meadows Central Condominium Association,Inc. (See Tab 7) The Master Community will act as the primary association for all of Baxter Meadows subdivision with multiple subordinate owners associations as established for the diverse mixes of residential and commercial uses. (See Map,Tab 5) The Baxter Meadows Central Property Owner's association document is specific to Revised Sub-Phases 2C (Blocks 12 & 13) & 2D (Blocks 9, 10 & 11) addresses conditions specific to the single family residents. The Baxter Meadows Central Condominium Association is specific to Revised Sub-Phase 2C (Block 14). Copies of these documents are provided. Upon approval by the Planning Department the documents will be filed and recorded with the Gallatin County Clerk and Recorder. 27. Prior to final plat approval, a property owners' association shall be established for maintenance of • subdivision streets, common open space, centers, parking facilities, pathways and trails, boulevards and medians, alleys, storm water facilities and/or parks pursuant to Section 16.34.020. A draft of • 0 these documents must be submitted for review and approval by the Planning Department at least 30 days prior to filing and recordation with the Gallatin County Clerk and Recorder. R: A property owners association has been established and the documents are submitted for review and approval by the City of Bozeman Planning Department. Please refer to the enclosed Community Declaration for Baxter Meadows Master Community - (Tab 5, Article 5, Section 5.1—5.5, pages 19 through 22). 28. Prior to final plat approval, a common area and facility maintenance plan and guarantee shall be provided for the permanent care and maintenance of commonly owned open spaces, recreational areas, facilities, private streets and alleys, and parking facilities. The same shall be submitted to the city attorney and shall not be accepted by the city until approved as to legal form and effect. A draft of these documents must be submitted for review and approval by the Planning Department at least 30 days prior to filing and recordation with the Gallatin County Clerk and Recorder. R: A common area and facility maintenance plan and guarantee has been established and the documents are submitted for review and approval by the City of Bozeman Planning Department. Please refer to the enclosed Owners Association Documents - Community Declaration for Baxter Meadows Master Community - (Tab 5, Article 5, Section 5.3 (i), page 20). 29. The landowner agrees to provide the City with a payback of$15,000 per the payback schedule dated May 10, 2001, for the North 19`h Avenue/Baxter Lane signalization. Of this total payback, the landowner agrees to pay $ 0.00215216 per square feet of gross area platted to the City prior to final • plat approval for each phase of the development. R: The applicant agrees to payback and has provided payments based on the schedule below: $ 2,088.01 for Revised Sub-Phases 2C (Blocks 12, 13 & 14) & 2D (Blocks 9, 10 & 11) (22.27 acres x 43,560 SF per acre=970,192 gsf in final plat 2C & 2D) x .00215216) 30. Executed waivers of right to protest creation of special improvement districts (SIDS) acknowledging that the City will not assume dedication and/or maintenance of the local private streets that vary from City standards unless the street(s) are brought up to City standards, or the property owners agree to an assessment to fund improvements required to bring the street(s) up to City standards. The waiver shall be filed and of record with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the filed documents shall be submitted with the final plat. R: A recorded copy of the Waiver completed for Phase II is included. See (Tab 11). 31. Executed waivers of right to protest creation of special improvement districts (SIDS) for a park maintenance district shall be filed and of record with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the filed documents shall be submitted with the final plat. R: A recorded copy of the Waiver completed for Phase II is included. See (Tab 11). • 32. Executed waivers of right to protest creation of special improvement districts (SIDs) for the following future improvements: Baxter Lane and North 19`" Avenue signal improvements, Baxter Lane and Baxter Parkway signal improvements, and North 19`" Avenue improvements shall be filed and of record with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the filed documents shall be submitted with the final plat. R: A recorded copy of the Waiver completed for Phase H is included. See(Tab 11). 33. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat approval. If the final plat of the subdivision is filed in phases, water rights will only be required for each phase as the final plat for that phase is filed. The amount of water rights required will be determined by the Director of Public Service based on the proposed final plat(s). R: A draft of the Final Plat was submitted to Debbie Arkell and she has assessed the requirements of this condition. Her findings are that Baxter Meadows Development, L.P. should pay a total Cash-in-lieu amount as shown below. Her findings have been complied with and the funds submitted. See (Tab 12) $ 8,289.86 for Revised Sub-Phase 2C (Blocks 12, 13 & 14) $ 4,212.88 for Revised Sub-Phase 2D (Blocks 9, 10 & 11) $ 12,502.74 Total 34. Property restrictions shall be placed on all original tract(s) of record of this property that are or through this subdivision will become remainder tract(s) of less than 160 acres. The property restrictions shall be filed and of record with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the filed documents shall be submitted with the final plat. The tract(s) shall be legally described and the following statement shall be placed on the tract(s): "Ownership of this tract of land is restricted by covenant running with the land, revocable only • by mutual consent of the City of Bozeman and the property owner, that the divided land will be used exclusively for farming purposes. No building or structure requiring water or sewer facilities shall be utilized on the tract. A change in use of the land for anything other than agricultural purposes subjects the division to the Bozeman Municipal Code and the Montana Subdivision and Platting Act." R: This condition has been met with the following note which is on the Final Plat and signed Affadavit. This change in language was agreed to by Tim Cooper, City Attorney and Russ McElyea Attorney for Baxter Meadows Development, L.P., which remains consistent with language completed in Revised Sub-Phase 2A (Blocks 16, 18 & 20). The plat note reads as follows: "Applicant shall provide evidence that all original tracts of record of this property that are or through this subdivision will become remainder tracts of less than 160 acres were not created for the purpose of transfer, and that any subsequent transfer of said tracts may not occur prior to filing of a subdivision plat or certificate of survey reviewed and approved by the City of Bozeman." See (Tab 8—Page 1 of 2) 35. Prior to Final Plat approval, written verification that utilities can be installed in the proposed utility easements shall be obtained from all local utility agencies. R: The language of this condition was met in Revised Sub-Phase 2A (Blocks 16, 18 & 20), and was agreed to by Tim Cooper, City Attorney and Russ McElyea Attorney for Baxter Meadows Development, L.P. The same language is carried forward for all sub-phases and is as follows: "Prior to final plat approval, written verification that telephone, electric power, gas, internet, or cable television service utilities can be installed in the proposed utility easements shall be obtained from local utility agencies." See (Tab 13) • • 36. Prior to Final Plat approval, a Final PUD Plan, complying with the requirements of Chapter 18.36 of the Bozeman Unified Development Ordinance, shall be submitted for review and approval. R: The Final PUD Plan for Revised Sub-Phase 2C (Blocks 12, 13 & 14) & 2D (Blocks 9, 10 & 11) is enclosed which meets the requirements of Chapter 18.36 of the Bozeman Unified Development Ordinance. See (Tab 14) 37. The Certificate of Dedication shall be shown on the final plat and shall include the following statement(s): "The above-described tract of land is to be known and designated as (name of subdivision), City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys, and parks or public squares shown on said plat are hereby granted and donated to the City of Bozeman for the public use and enjoyment. The lands included in all streets, avenues, alleys, and parks or public squares dedicated to the public are accepted for public use, but the City accepts no responsibility for maintaining the same. The owner(s) agree(s) that the City has no obligation to maintain the lands included in all streets, avenues, alleys, and parks or public squares hereby dedicated to public use. The lands included in all streets, avenues, alleys, and parks or public squares dedicated to the public which the City accepts responsibility for maintaining include (list specific lands). "The undersigned hereby grants unto each and every person, firm, or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, internet or cable television service to the public, the right to the joint use of an easement for the construction, • maintenance, repair and removal of their lines and other facilities in, over, under and across each area designated on this plat as `Utility Easement' to have and to hold forever." R: This condition has been met as written and in shown on the Final Plat document for the Sub-Phases. See (Tab 8, page 2 of 2) 38. The Certificate of Completion of Improvements shall be amended to list all improvements not completed. R: Certificate is included these Sub-Phases on the Final Plat Document. See (Tab 8, page 2 of 2). 39. The Certificate of Exclusion from Montana Department of Environmental Quality Review shall be shown on the final plat and the Release of Sanitary Restrictions removed from the final plat. R: Certificate and Release are included on the Final Plat Document for these Sub-Phases. See (Tab 8, page 2 of 2) 40. Any unmet code provisions, or code provisions that are not specifically listed as conditions of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State of Montana. • R: Any unmet requirements will be met if and when identified provided it is feasible to do so when identified. • • 41.No sub-phases of Phase IIA, IIB and IIC shall be permitted except the applicant may submitted a Phase IID consisting of Tracts lA and 1B subject to all applicable conditions of final plat approval. R: Per discussion with the Planning and Engineering Departments further sub-phasing has been allowed given the substantial cost of completing improvements in the larger phases originally planned. Please see new sub-phasing adopted during Revised Sub-Phase 2A (Blocks 16, 18 & 20), including supporting documentation allowing the ability to do so. (See Tab 15). Planning Code Provisions: 42. The Final Plat shall conform to all requirements of the Bozeman Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include four (4) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3-1/2" floppy disk; and five (5) paper prints. R: Proper documentation has been provided. Mylars, digital copies and paper prints have been provided under separate cover. See (Tab 8) 43. Conditional approval of the Preliminary Plat shall be in force for not more than three calendar years, as provided by State statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. • R: This condition is understood and will be complied with. 44. If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If the Final Plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. R: Baxter Meadows Development will be using concurrent construction for Revised Phase 2C (Blocks 12, 13 and 14) & 2D (Blocks 9, 10 and 11) as described.A concurrent construction plan has been prepared and is submitted for review in compliance with this condition. A financial guarantee has been provided in a form mutually acceptable to the City of Bozeman and Baxter Meadows Development, L.P. We have also compiled estimates of the cost of work and the improvements agreement entered into with the City of Bozeman. See (Tab 1 - concurrent construction plan) and (Tabs 16 & 17 - financial guarantee) 45. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval has been satisfactorily addressed. R: This document shall serve as the written narrative of how each of the conditions of • preliminary plat approval has been satisfactorily met. • • Engineering Subdivision Specific Conditions: 46. Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space,parks, etc.) shall not be located on easements within privately owned lots. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the FSP for each lot and/or phase. • R: A Stormwater Master Plan (July 2002) has been written and submitted to the City of Bozeman (COB) for the entire Baxter Meadows Development. Separate design reports have been prepared for Phase I and Trakker Building and another has been prepared for Phase H See (Design Report — Phase II — Baxter Meadows — October 2003). Easements have been submitted for each storm drainage feature outside of Street ROW. See (Baxter Meadows - Phase H Roadway, Sanitary Sewer and Water Infrastructure Construction Documents and Specifications dated 5 May 2004) provided under separate cover. Revisions to the plan for Phases 2C and 2D have been completed by TD&H and have been submitted and approved by the City of Bozeman with a final revision date of 21 March 2005. 47. A street and traffic control signage plan for the subdivision shall be prepared and implemented upon review and approval by the City Engineer. R: Signing and Pavement Marking Plans for Original Sub-Phases IIA, HB and IIC have been prepared and are part of the Construction Documents. See (Baxter Meadows - Phase H Roadway, Sanitary Sewer and Water Infrastructure Construction Documents and Specifications dated 5 May 2004) provided under separate cover. 48. Any improvement placed in the public right of way shall be approved by the City Engineering Office. R: This condition is understood and will be complied with in the event any improvements are • placed in the public right of way. 49. Pursuant to Section 16.16.0l.A. of the Bozeman Municipal Code, Baxter Parkway, including sewer, water, and other necessary infrastructure, shall be constructed adjacent to the west property. • • boundary of Tract 1, and shall extend approximately 1700 feet to the south and east to the boundary of Phase 5. Baxter Parkway shall be constructed to a standard roadway section as approved by the City Engineering Office. The applicant is advised that further development of Tract 1 will likely require a secondary access be provided. R: N/A - Not part of the sub-phases submitted for Final Plat. Submittal is for Revised Sub- Phases 2C (Blocks 12, 13 & 14) & 2D (Blocks 9, 10 & 11). Please note Baxter Parkway has been renamed Vaquero Parkway with the approval of street names completed for Sub-Phase 2A. See (Tab 19). 50. The location of existing water and sewer mains shall be properly depicted, and proposed main extensions shall be noted as proposed on the infrastructure plans and specifications. R: Delineation of existing and proposed water and sewer mains has been prepared and is part of the Construction Documents. See (Baxter Meadows - Phase II Roadway, Sanitary Sewer and Water Infrastructure Construction Documents and Specifications dated 5 May 2004) and revised plans for Phases 2C and 2D prepared by TD&H with a final revision date of 21 March 2005,both provided under separate cover. See also—Master Utility Plan under(Tab 14—Final PUD Drawings) 51. Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure. R: Delineation of Original Phase IIA, Phase IIB and Phase IIC has been prepared and is part of the Construction Documents. See (Baxter Meadows - Phase II Roadway, Sanitary Sewer • and Water Infrastructure Construction Documents and Specifications dated 5 May 2004). Per discussion with the Engineering Department changes to the sub-phasing will be reflected in the As-Built drawings only. See also (Tab 15). 52. As part of the infrastructure plans submittal, 100-year flood elevations shall be computed for the Baxter-Border Ditch, and the limits of flooding identified. If flooding limits encroach onto proposed lots,this shall be noted on the final plat along with a minimum floor elevation for the structures to be constructed on the lots. R: A Flood Hazard Evaluation was completed by Wetlands West (October 17, 2001) and indicated that there does not appear to be any portions of the Baxter Meadows subdivision that are within 2,000 horizontal feet and less than 20 vertical feet of a water course draining an area of 25 square miles or more. No official 100-year floodplain delineation study has been made for the ditches in this area. The watercourses that cross the proposed subdivision are man made ditches and serve the collect groundwater and spring discharge. A Phase I- Flood Hazard Evaluation and Design Report, was prepared by Allied Engineering Services (June 12, 2002) and concluded that Spring Ditch, with a 163 acre drainage area, has minimal impact to Baxter Meadows. The 100-year flow (Qloo= 51 cfs) stays within the ditch and within available headwater depths of 1.5 times culvert diameter, there is ample capacity for the flow to stay in the channel and the designated 35 to 50 ft setbacks on each side. No new stream crossings are proposed in Phase H. In addition, a further study of flood hazards for the • stream/ditch bordering Phase 2 has been conducted. This information was conducted by Robert Peccia & Associates and states that "according to the model, Spring Ditch can easily • 0 accommodate 100-year flood flows (Q100 = 51 cfs)". A copy of this additional study is provided. See (Tab 18). • 53. Baxter Lane shall be fully improved to the appropriate typical section where adjacent to Phase 2, which extends from the west boundary of Phase I improvements through the intersection of Caspian Avenue. The entire length shall be constructed with Phase 2A. R: Improvements to Baxter Lane are designed and have been financial guaranteed in Sub- Phase 2A and will be constructed from the east end of Phase I to Caspian Avenue as required. 54. All street names are subject to approval by the City Engineer. R: Letters approving the street names for Phase 2 from the City of Bozeman and Gallatin County are enclosed. See (Tab 19) 55. The applicant shall provide easements, in a form acceptable to the city, for all on and off site sewer and water improvements. All water and sewer main easements shall be a minimum of 30 feet wide. R: Easements are being provided in compliance with this condition. See (Baxter Meadows - Phase H Roadway, Sanitary Sewer and Water Infrastructure Construction Documents and Specifications dated 5 May 2004) and revised plans for Phases 2C and 2D prepared by TD&H with a final revision date of 21 March 2005, both provided under separate cover; (Tab 8 - Plat) and (Tab 20 -Easements). • 56. Easements shall be provided for all offsite drainage facilities. R: Easements are being provided in compliance with this condition. See (Baxter Meadows - Phase H Roadway, Sanitary Sewer and Water Infrastructure Construction Documents and Specifications dated 5 May 2004) and revised plans for Phases 2C and 2D prepared by TD&H with a final revision date of 21 March 2005, both provided under separate cover; (Tab 8 -Plat) and (Tab 20 -Easements). 57. Utility easements shall be granted on the final plat in accordance with the requirements of Section 16.14.060 of the City Subdivision Regulations. R: Utility easements meet the requirements of 16.14.060 of the City Subdivision Regulations the easements are shown on final plat. See (Tab 8, Sheet 1 of 2 & Sheet 2 of 2). 58. City standard sidewalks shall be constructed on all public and private street frontages prior to occupancy of any structure as per the terms and conditions of Section 16.14.050 of the Bozeman Municipal Code. R: Condition is understood and will be complied with. The construction of the sidewalks is included as part of the financial guarantee; (Tabs 16 & 17). 59. For Phases 2A and 2C, sidewalks shall be installed to provide pedestrian access to parking needed • by any particular structure prior to occupancy of said structure. This condition does not replace the need to meet 16.14.050 of the Bozeman Municipal Code. 0 • R: N/A — not part of these Sub-Phases. Original Phases 2A and 2C are specific to Blocks (15 thru 21) in the Neighborhood Center. 60. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, MPDES etc.) shall be obtained prior to construction of the associated improvements. R: Plans were submitted for all of Phase 2 by Robert Peccia & Associates to DEQ on March 18,2004. A response from DEQ is enclosed. See(Tab 21) 61. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, private streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to Final Plat approval. R: This condition is understood and has been complied with. The costs of improvements that have not been completed are covered by the financial guarantee. See (Tabs 16 & 17) 62. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre- • construction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless approved for concurrent construction. R: Condition is understood and will be met. Plans and specifications have been reviewed and approved. See (Baxter Meadows - Phase II Roadway, Sanitary Sewer and Water Infrastructure Construction Documents and Specifications dated 5 May 2004) and revised plans for Phases 2C and 2D prepared by TD&H with a final revision date of 21 March 2005, both provided under separate cover. Concurrent construction has been applied for — see request under separate cover. 63. All proposed manholes need to be accessible to the city's large flusher truck. The applicant shall submit an all weather access plan with the project infrastructure plans subject to approval by the City Water/Sewer Superintendent. R: Condition is understood and plan has been submitted. See (Baxter Meadows - Phase H Roadway, Sanitary Sewer and Water Infrastructure Construction Documents and Specifications dated 5 May 2004) and revised plans for Phases 2C and 2D prepared by TD&H with a final revision date of 21 March 2005,both provided under separate cover. 64. The Property Owners' Association shall be responsible for the maintenance of all storm water • facilities constructed for the project. R: The Community Declaration for Baxter Meadows Master Community outlines the maintenance plan for all storm water facilities constructed for the project. See (Tab 5, Article • 5, Section 5.1 page 19). 65. The applicant shall obtain permission from the appropriate ditch companies to discharge storm runoff into the ditches and for any relocation(s). R: Spring Ditch is not under control by a ditch company. Spring Ditch was historically sourced by a natural spring south of the project site. Please refer to (Stormwater Master Plan by Allied Engineering Services,July 2002). 66. All ditch easements and setbacks shall be shown on the final plat. R: This condition is understood and will be complied with. There are no easements for the ditch's operation or maintenance. Setbacks of between 35 and 50 feet are provided on both sides of the ditch bank. (Tab 8-Plat, Sheet 1 of 2) 67. No on-street parking shall be permitted within 20 feet of a crosswalk at any intersection. R: A minimum distance of 20 feet has been designed to provide adequate separation. See (Baxter Meadows -Phase H Roadway, Sanitary Sewer and Water Infrastructure Construction Documents and Specifications dated 5 May 2004) and revised plans for Phases 2C and 2D prepared by TD&H with a final revision date of 21 March 2005, both provided under separate cover. • 68. All of the recommendations made in the Traffic Impact Analysis for the Baxter Meadows Development by Robert Peccia & Associates, dated October 2001, and the updated report, dated October 2003 shall be implemented with Phase 2 unless the improvements are specifically identified to be completed with a later phase. A portion of the report requires updating as noted in Conditions # 70 and# 71, each updated section and subsequent recommendations shall be subject to approval of the City Engineer and the approved recommendations shall be implemented with phase 2. R: RPA reviewed the current parking design and traffic mobility needs of the proposed development. The angle parking design along Caballo Avenue and Caspian Avenue will decrease the incentive for drivers to use these streets due to the possible delays caused by vehicles backing out of the parking spaces. This will decrease the overall traffic volumes on these streets and shift it to Vaquero Parkway and future streets (such as Davis Road). It is currently unknown if either of these streets will have adjoining roadways on the south side of Baxter Lane. If these roads are not constructed then the overall delay at the intersections will be decreased. RPA reviewed the LOS calculations at these intersections and concluded that the inclusion of left-turn lanes on the north leg of the intersections would decrease the delay by 2-4 seconds per vehicle. This is a negligible improvement to the approach leg LOS, therefore these additional lanes are not justified or recommended. Additionally, by not including left- turn bays, drivers would be encouraged to use the signalized intersection at Vaquero Parkway, which would provide safer left-turning opportunities. Left-turn bays are included on the west legs to these intersections (for Phase 2) and eventually for the east legs. • 69. The updated Traffic Impact Study prepared by Robert Peccia and Associates identified the need for a traffic signal at the intersection of Baxter Parkway and Baxter Lane upon the completion of Phase 6 of the development. In addition, the report recommended the installation of left turn bays on each 0 • approach of the intersection in order for the signal to function properly. Sufficient pavement width shall be included in the design and construction of this intersection, along with the installation of underground conduits for the signal wiring and necessary right-of-way dedication with the Phase 2 is plat. R: N/A. We are submitting for Sub-Phases 2C & 2D Blocks 9 thru 14 - residential ONLY. However, please note Baxter Parkway has been renamed Vaquero Parkway with the approval of street names in Sub-Phase 2A (Blocks 16, 18 & 20). See (Tab 19). 70. The Traffic Impact Study recommended a dedicated left turn lane at the intersection of Charolais Avenue and Baxter Lane, along with a roundabout at the intersection of Baxter Lane and Caspian Avenue. As the current submittal does not include these recommended improvements, the applicant's traffic engineer shall address these issues in an update to the original traffic study. Any modification to the original study shall be approved by the City Engineer. R: N/A. We are submitting for Sub-Phases 2C & 2D Blocks 9 thru 14 - residential ONLY. However, please note Charolais Avenue has been renamed Caballo Avenue with the approval of street names in Sub-Phase 2A(Blocks 16, 18 & 20). See(Tab 19). 71. The Traffic Impact Study recommended that a grade separated pedestrian/bicycle crossing under Baxter Lane near Baxter Parkway be implemented as part of the Baxter Meadows project. Either design and install the crossing with Phase 2 of the project, including the dedication of necessary right of way, or provide an update to the traffic impact study with justification and details on how the crossing can be installed safely as an at grade crossing. Any modification to the original study • shall be approved by the City Engineer. R: N/A. We are submitting for Sub-Phases 2C & 2D Blocks 9 thru 14 - residential ONLY. However, please note Baxter Parkway has been renamed Vaquero Parkway with the approval of street names in Sub-Phase 2A (Blocks 16, 18 & 20). See (Tab 19). 72. The north access to Block 15,the apartment site, shall line up directly across from the proposed alley in Phase 4. R: N/A. We are submitting for Sub-Phases 2C & 2D Blocks 9 thru 14- residential. 73. All easements identified in the title report shall be depicted on the final plat. R: This condition is understood and has been complied with. See (Tab 8 — Final Plat) and (Tab 22—Title Policy). 74. The Certificate of Surveyor on the final plat shall be in conformance with Section 16.32.050 of the Bozeman Municipal Code, Subdivisions. R: Condition is understood and has been complied with. See(Tab 8, Sheet 2 of 2) 75. A breakdown of areas shall be provided for each phase on the final plat. • R: Condition is understood and has been complied with. See (Tab 8, Sheet 2 of 2) • 0 76. The final plat shall clearly state which streets are privately maintained. • R: This condition is understood and has been complied with. See(Tab 8). 77. Pursuant to the recommendations of the Traffic Impact Study, prepared by Robert Peccia and Associates, any damage of Baxter Lane from the intersection with North 19th Avenue to the entrance of the project, caused by project construction activities, shall be repaired by the applicant. The applicant shall agree to repair any damage within one week of notification by the City that repairs are required. The applicant shall maintain the existing bond of$10,000 which was submitted with Phase 1 of the project. R: This condition is understood and has been complied with. 78. The City will only accept public maintenance of the streets in Phase 2B that are located to the west of the east side of the intersection of Gallatin Green Boulevard and Equestrian Way. R: We are submitting for revised Sub-Phases 2C & 2D (Blocks 9-14), all of which are located to the west of the east side of the intersection of Gallatin Green Boulevard and Equestrian Way and therefore will be publicly maintained. See (Tab 8). 79. City standard sidewalks shall be installed on the west side of Baxter Parkway. R: N/A. We are submitting for Sub-Phases 2C & 2D Blocks 9 thru 14 - residential. However, please note Baxter Parkway has been renamed Vaquero Parkway with the approval of street • names in Sub-Phase 2A(Blocks 16, 18 & 20). See(Tab 19). 80. If concurrent construction is utilized for Phase 2A and 2C, all alleys shall be paved within 2 years after final platting, or 4 years after preliminary plat approval, whichever occurs first. The alley shall be required to be paved once foundations and utilities are in place for all adjacent lots, which will be conditioned during the site plan approval process. R: N/A. We are submitting for Sub-Phases 2C & 2D Blocks 9 thru 14 - residential. 81. If concurrent construction is utilized for Phase 2B, all infrastructure, shall be installed and accepted by the City prior to occupancy of any structure, with the exception of alleys which may utilize a gravel standard as approved by the City Engineer until such time as all adjacent foundations are installed. All alleys shall be paved within 2 years after final platting, or 4 years after preliminary plat approval, whichever occurs first. R: Under our re-phasing request and plan Phase 2B is Block 15, Lot 1 and the phase herein referred to as Phase 2B is now Phases 2C and 2D. With the change noted this condition is understood and will be complied with. See (Tab 15—Phasing Plan) 82. The property owners dependent on the sewage lift station shall be responsible for financing the costs of its operation and maintenance, which will be the responsibility of the City. The applicant shall agree in writing to a surcharge to cover the costs of operating and maintaining the lift station. The agreement shall be filed with the final plat and shall apply to all heirs, successors and assigns. The • agreement shall be subject to approval by the City Engineer and the City Attorney. R: This condition is understood and has been complied with. Maintenance of the lift station is addressed in the Community Declaration for Baxter Meadows Master Community. See (Tab 5,Article 5, Section 5.1 page 19) and (Tab 23—Lift Station Agreement). • 83. As stated in the subdivision preliminary plat submittal, all alleys will be paved to a minimum of 20 feet. Snow removal responsibilities in all alleys shall be private. Other maintenance needs in the alleys shall be the responsibility of the City. R: This condition is understood. Snow removal responsibilities have been outlined in the Community Declaration for Baxter Meadows Master Community. See (Tab 5, Article 5, Section 5.3 (c) page 20). Baxter Meadows Phase II PUD Preliminary Plan#Z-03276 Planning Specific Conditions-Phase HA Blocks 16, 18, 20 and Tracts 1A, 1B) and Phase IIC Blocks 15, 17, 19 and 21): 1. If concurrent construction is approved for Phase IIA and Phase IIC, a concurrent construction plan, for an approved final site-specific plan, that addresses all aspects of Section 18.74.030.D of the Bozeman Unified Development Ordinance may be submitted for review, evaluation and consideration. No occupancy shall be permitted until all infrastructure improvements are complete and all other conditions have been met. R: N/A— not part of these Sub-Phases. We are submitting for revised Sub-Phasing 2C & 2D - • Block 9 thru 14. 2. Maximum building height in the B-2 (Community Business District) shall be 38 feet for a roof pitch of less than 3:12 and 44 feet for a roof pitch of 3:12 or greater in accordance with Section 18.18.060 of the Bozeman Unified Development Ordinance. This restriction will not preclude applicant from applying for and receiving CUP for extra height as allowed in B-2 district. This requirement shall be specified in the Development Guidelines. R: N/A— not part of these Sub-Phases. We are submitting for revised Sub-Phasing 2C & 2D - Block 9 thru 14. 3. The non-residential parking requirement for site-specific plan(s) shall be based on Section 18.46.040.B of the Bozeman Unified Development Code. A 10% adjustment will be given in addition to the standard Community Commercial adjustment. The additional 10% adjustment will not be given to a structure with a maximum building height of greater than 38 feet for a roof pitch of less than 3:12 and 44 feet for a roof pitch of 3:12. The residential parking requirement for site-specific plan(s) shall be based on Section 18.46.040.A of the Bozeman Unified Development Code. R: N/A— not part of these Sub-Phases. We are submitting for revised Sub-Phasing 2C & 2D - Block 9 thru 14. • 4. Applicant(s) for site-specific plan(s) shall be required to fulfill the parking requirement established in Condition # 3 less the number of parking spaces allocated to the specific lot through the • • subdivision process. These parking spaces shall be provided prior to occupancy of the structure. Applicant may use a combination of the following options. • Option 1. Applicant shall construct on-site parking. Construction shall include but not be limited to continuous concrete curbs, asphalt, striping, drive approach, landscaping, and irrigation. Option 2. Applicant shall pay cash-in-lieu to be deposited in the escrow account established in the name of the POA for the sole purpose of providing parking. The cash-in-lieu amount shall be based on a per space cost of a parking garage as determined by the City of Bozeman. R: N/A—not part of these Sub-Phases. We are submitting for revised Sub-Phasing 2C & 2D - Block 9 thru 14. 5. A minimum 50' watercourse setback pursuant to Section 18.42.100 of the Bozeman Unified Development Ordinance shall be clearly delineated on the final plan, and shall include all adjacent wetlands. On-site storm water treatment facilities may be located within the Zone 2 portion of the watercourse setback. R: The set back will be clearly delineated on the Final Plat and the PUD Landscape Plan. See (Tab 8) and (Tab 3) 6. Residential uses on the ground floor may be allowed on Blocks 15, 16, 18, 20 and 21. On Blocks 17 and 19, residential uses (with the exception of apartments and apartment buildings) shall be . restricted to the second or subsequent floors. R: N/A—not part of these Sub-Phases. We are submitting for revised Sub-Phasing 2C & 2D - Block 9 thru 14. 7. All site plans with residential uses on the ground floor shall be required to meet all lot coverage and yard requirements in accordance with Chapter 18.18 of the Bozeman Unified Development Ordinance. R: N/A—not part of these Sub-Phases. We are submitting for revised Sub-Phasing 2C & 2D - Block 9 thru 14. 8. All site plans with residential uses on the ground floor shall be required to provide landscaping in accordance with Section 18.48.060 of the Bozeman Unified Development Ordinance. R: N/A—not part of these Sub-Phases. We are submitting for revised Sub-Phasing 2C & 2D - Block 9 thru 14. Planning Specific Conditions-Phase IIB (Blocks 9, 10, 11, 12, 13 and 14 . 9. If concurrent construction is approved for Phase IIB, a concurrent construction plan that addresses all aspects of Section 18.74.030.D of the Bozeman Unified Development Ordinance may be • submitted for review, evaluation and consideration. No occupancy shall be permitted until all infrastructure improvements are complete and all other conditions have been met. • • R: A concurrent construction plan has been submitted for Blocks 9, 11, 12 and 13 of revised Sub-Phases 2C & 2D and will comply with Section 18.74.030.D of the Bozeman Unified Development Ordinance. It is understood that no occupancy shall be permitted until all • infrastructure improvements are complete and all other conditions have been met. See under separate cover. See (Tab 1) 10. A minimum 35' watercourse setback pursuant to Section 18.42.100 of the Bozeman Unified Development Ordinance shall be clearly delineated on the final plan, and shall include all adjacent wetlands. R: This condition is understood and has been complied with. See(Tab 8, Sheet 1 of 2). 11. The northernmost utility/access easements in Blocks 9 and 10 shall be a minimum of 25' wide, and shall include at a minimum a Class II trail. R: This condition is understood and has been complied with. See Final Plat (Tab 8, Sheet 1 of 2) and the Landscape Plan (Tab 3) Planning Specific Conditions-All Phases: 12. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). R: N/A— not part of these Sub-Phases. We are submitting for revised Sub-Phasing 2C & 2D - • Block 9 thru 14—residential. 13. Prior to final site plan approval, the applicant shall provide detailed parking plans in compliance with Bozeman Unified Development Ordinance for review and approval by the Planning Department. These parking plans shall included full details for parking to be constructed immediately; and preliminary details, locations and costs for both the surface parking required to meet the PUD minimum requirements, as well as, the proposed parking garage. R: N/A— not part of these Sub-Phases. We are submitting for revised Sub-Phasing 2C & 2D - Block 9 thru 14—residential. 14. Prior to final site plan approval, the applicant shall depict on the final site plan the provision for handicapped accessibility, including but not limited to wheelchair ramps, parking spaces, handrails, and curb cuts, signage, including dimensioned construction details and the applicant's certification of ADA compliance to be reviewed and approved by the Planning Office. R: This condition is understood and has been complied with. See and Baxter Meadows - Phase II Roadway, Sanitary Sewer and Water Infrastructure Construction Documents and Specifications dated 5 May 2004) and revised plans for Phases 2C and 2D prepared by TD&H with a final revision date of 21 March 2005, both provided under separate cover. See also certification under(Tab 24) • 15. The applicant shall submit Development Guidelines that comply with Section 18.36.070 of the Bozeman Unified Development Ordinance for review and approval by the Planning Office prior to • • final site plan approval. The Development Guidelines shall be in an 8'/2- by 11-inch vertical format, permanently bound to open flat, tabbed, and contain a table of contents. • R: This condition has been met. The development guidelines have been recorded as part of the Baxter Meadows Central Property Owners Association — Design Guidelines. See (Tab 6) and Baxter Meadows Central Condominium Association—Design Guidelines. See(Tab 7) 16. The Development Guidelines shall specify that development on all lots shall be subject to appropriate site-specific plan review in accordance with Chapter 18.34 of the Bozeman Unified Development Ordinance and that a letter of approval from the Baxter Meadows Design Review Board shall be provided prior to approval of any site-specific plan application. R: This condition has been met. The development guidelines have been recorded as part of the Baxter Meadows Master Community Association—Design Guidelines. See (Tab 5). A table showing the approved block specific variances is also provided. See (Tab 25). A letter of approval from the Baxter Meadows Design Review Board will be required prior to approval of any site-specific plan application. 17. The applicant shall submit a comprehensive sign plan that complies with Chapter 18.52 of the Bozeman Unified Development Ordinance for review and approval by the Planning Office prior to final site plan approval. The comprehensive sign plan shall include type(s), location, design, illumination, size, height, and allocation method. R: N/A— not part of these Sub-Phases. We are submitting for revised Sub-Phasing 2C & 2D - • Block 9 thru 14—residential. 18. Prior to the construction and installation of any signage on-site, a Sign Permit Application shall be reviewed and approved by the Planning Office in accordance with Chapter 18.52 of the Bozeman Unified Development Ordinance; including but not limited to contractor, real estate and lending institution signs temporarily posted on-site during and after construction of the building. A letter of approval from the Baxter Meadows Design Review Board shall be provided prior approval of any Sign Permit Application. R: N/A— not part of these Sub-Phases. We are submitting for revised Sub-Phasing 2C & 2D - Block 9 thru 14—residential. 19. Prior to final site plan approval, the applicant shall demonstrate at least 20 performance points pursuant to Section 18.36.090.E.2.a.(7) "Performance" of the Bozeman Unified Development Ordinance. R: Calculations have been completed and because all the open space is accessible by the public we were only required to achieve 16 points. Based on our calculations we were required to furnish 88,452 SF through a combination of open space for 2C & 2D and amounts carried forward from previous phases. See (Tab 2 —Park Area & Open Space Calculations) and (Tab 8—Final Plat). • Note: Under Tab 2 there is a summary sheet for park and open space for all current phases with corresponding calculation sheets showing amounts carried over from previous phases and amounts available for carry to future sub-phases. • 0 See also Tab 2 — A restatement of calculations from Sub-Phase 2A (Blocks 16, 18 & 20), for historical background on amounts that were carried forward previously from Phase 1. 20. Any unmet code provisions, or code provisions that are not specifically listed as conditions of • approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State of Montana. R: Any unmet requirements will be met if and when identified provided it is feasible to do so when identified. Planning Standard Conditions: 21. The applicant must submit seven (7) copies a Final Site Plan within 1 year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. R: N/A 22. A Building Permit must be obtained prior to the work, and must be obtained within one year of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. R: This condition is understood and will be complied with. • 23. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of Final Site Plan submittal. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times (150%) the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. R: An improvements agreement and financial guarantee have been provided in a form mutually acceptable to the City of Bozeman and Baxter Meadows Development,L.P. See (Tab 1) and (Tabs 16 & 17) 24. The applicant shall submit with the application for Final Plan review and approval, a written narrative stating how each of the conditions of preliminary plan approval has been satisfactorily addressed. R: This document shall serve as the written narrative of how each of the conditions of preliminary plat approval has been satisfactorily met. • 25. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general • and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.100.C.1 of the Bozeman Unified Development Ordinance. R: This condition is understood and will be complied with. 26. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. R: This condition is understood and has been complied with. See(Tabs 5 - 7) and (Tab 8) I believe this document has served to address any and all directives and questions that were raised recommended and approved by the city staff and the City of Bozeman Commissioners. If you have any questions concerning the responses herein please contact me @ 406-556-4407 (office) or 406-599-0516 (cell) or Michael McGullam @ 406-556-4411 (office) or 406-579-7944 (cell). Sincerely, • Michae�IMc�Gul I a Development Consultant cc: Jerry Williams, Baxter Meadows Development, L.P., P.O. Box 81487, Billings, MT 59108 Keith Waring, P.E., TD&H, 215 W. Mendenhall, Suite C-1,Bozeman, Montana 59715 Jason Leep, PC Development, 3985 Valley Commons Dr., Bozeman, MT 59718 Jolene Rieck,Peaks to Plains Design, 208 N. Broadway—Ste 350, Billings, MT 59101 • Y. 4 i' ' � \ �� • 1 ' ; � �.' :.z�. � ' ', • i ' �, iI 'g. � �. �� � � ' • ,s +1 �Y � p jj J '( k �` �,i .I' �� i, �! i, ' a IV • it �1 �� ipp� . !1 ' i �� C� CADIUS • �, PARTNERS 10 August 2005 City of Bozeman Planning Department Attn: Lanette Windemaker, AICP 20 East Olive Street Bozeman, Montana 59715 Re: Request for Concurrent Construction per Bozeman Unified Development Ordinance Chapter 18.74.030 Dear Lanette: We are officially requesting concurrent construction for Phases 2C and 2D on lot 11 block 9; lots 4 & 8, block 11 ; lots 5 - 10, 15 and 16; lots 12-16, block 16 of the Baxter Meadows Subdivision on behalf of Baxter Meadows Development L.P. We are requesting this pursuant to the Bozeman UDO and we have met the criteria outlined there in the following ways: 1 . The subject property shall be developed under the provisions of Chapter 18.36, BMC. • R. Baxter Meadows is a PUD that was approved in January Of 2002. 2. The subdivider or other developer must enter into an improvements agreement to assure the installation of required infrastructure and other applicable improvements, to be secured by a financial guarantee in an amount to be determined by the city, with said guarantee to be in the name of the City. R. A copy of the Improvements Agreement and Financial Guarantee for the required infrastructure and other applicable improvements are included as part of the Final Plat submittal for Sub-Phases 2C & 2D and are in a form that is mutually acceptable. Copies of those agreements are included with this request (See Tab 1). 3. Approval of the final engineering design, including location and grade, for the infrastructure project must be obtained from the Engineering Department, and the Montana Department of Environmental Quality when applicable, prior to issuance of any building permit for the development. R. We have attached a copy of the Engineering Department letter accepting the project under the Self Certification process, signed by Robert J. Murray Jr. (See Tab 2). 4. Building permits may be issued incrementally, dependent upon the status of installation of the infrastructure improvements. All building construction within the PUD • shall cease until required phases of infrastructure improvements as described in the PUD have been completed, and inspected and accepted by the City. CADIUS PARTNERS, LIMITED P.O. Box 1 1 427- BOZEMAN, MT 5971 9 406.556.4407 0 0 • R. This is understood and will be complied with - Note: Concurrent Construction is being requested only adjacent to Equestrian Lane which was completed and accepted by the City of Bozeman with the installation of Phase 1 improvements. (Block 9 / Lot 11, Block 11 / Lots 4 & 8, Block 12 / Lots 5, 6, 7, 8 ,9, 10,15 & 16, Block 13 / Lots 12, 13, 14, 15 & 16)(See Tab 3). 5. The subdivider shall provide and maintain fire hazard and liability insurance which shall name the City as an additional insured and such issuance shall not be cancelled without at least forty-five days prior notice to the City. The subdivider shall furnish evidence, satisfactory to the City, of all such policies and the effective dates thereof. R. See Certificate of Insurance included with this in this request. (See Tab 4) 6. The subdivider recognizes, acknowledges and assumes the increased risk of loss because certain public services do not exist at the site. R. Subdivider is aware of additional risks and has signed and notarized an agreement for concurrent construction which is included as part of this request. (See Tab 1) 7. The subdivider shall enter into an agreement with the City which provides for predetermined infrastructure funding options. • R. The subdivider has provided a Financial Guarantee in the amount of 150% of the remaining infrastructure improvements required as part of the final plat submittal and signed the attached concurrent construction agreement which outlines the requirements. (See Tab 1) 8. No occupancy of any structures or commencement of any use constructed or proposed within the boundaries of the PUD will be allowed until required infrastructure improvements have been completed, and inspected and accepted by the City, and a certificate of occupancy has been issued; a. No occupancy of structures or commencement of any use shall occur when such action would constitute a safety hazard in the opinion of the City. R. This is understood and will be complied with. 9. The subdivider shall enter into an agreement with the City to address the provision of any services on an interim basis during construction, if deemed appropriate. R. This is understood and will be complied with if such services become necessary and it is appropriate that said services be provided. 10. The subdivider shall execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the City, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments • and damages resulting from or arising out of the issuance of a building permit under this section. CADIUS PARTNERS, LIMITED P.O. Box 1 1 427- BOZEMAN, MT 5971 9 406.556.4407 0 0 • R. A copy of the executed Hold harmless Agreement is submitted with this package. (See Tab 5) 11 . The subdivider shall pay for any extraordinary costs associated with the project which the City may identify, including, but not limited to, additional staff hours to oversee the planning, engineering and construction of the project and infrastructure improvements, inspection of the infrastructure improvements and any extraordinary administrative costs. R. None are anticipated or have been expressed by the City at the time of this request, however the subdivider requests to be informed prior to any additional costs being incurred and being given the option as to whether to proceed and incur the additional cost. 12. The development shall be under the control of a single developer and all work shall be under the supervision of a single general contractor. R. This is understood and will be complied with Baxter Meadows Development L.P. will oversee all work that is conducted under the concurrent construction agreement. We appreciate the chance to submit this request for concurrent construction. We believe we have met all the outlined criteria for concurrent construction. Please feel free to contact us with any questions or request for additional/modified information. • Sincerely, Gre Cad ius Limited Contract Development Manager CADIUS PARTNERS, LIMITED P.O. Box 1 1 427- BOZEMAN, MT 5971 9 406.556.4407 • AGREEMENT FOR CONCURRENT CONSTRUCTION IN BAXTER MEADOWS PHASE IIC & D PUD MAJOR SUBDIVISION THIS AGREEMENT is made and entered into this day of A .S ,2005,by and between Baxter Meadows Development, L.P., Baxter Meadows Construction, Inc., its General Partner, Gerald R. Williams, President, P.O. Box 81487, Billings, MT 59108-1487, hereinafter called the"Subdivider",and the City of Bozeman,a Municipal Corporation and political subdivision of the State of Montana,with offices at 411 East Main Street,P.O.Box 1230,Bozeman,MT 59771- 1230, hereinafter called the "City". WHEREAS, it is the intent of the Subdivider to obtain building_permits to proceed with single-household dwelling units on Block 9,Lot 1;Block, 11 Lots 4 and 8;Block 12,Lots 5—10, 15 and 16;and Block 13,Lots 12- 16 of Baxter Meadows Phase H C and D PUD prior to installation of all required subdivision improvements in accordance with Section 18.74.030.D of the City of Bozeman Unified Development Ordinance and the City of Bozeman Ordinance 1532 and 1533;and • WHEREAS,it is the intent and purpose of both the Subdivider and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements,related with the property hereinafter described;and it is the intent of this Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements. NOW,THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to and includes those properties which are designated as"R-3"(Residential Medium Density District)and`B-2"(Community Business District)on the City of Bozeman Zoning Map, and is legally described as a portion of S 1/2 of Section 34, TIS,R5E,PMM and the NE '/4 of Section 3, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana, consisting of 16 lots located north of Equestrian Lane and west of Vaquero Parkway,Bozeman,Montana as proposed by the Preliminary Plat of Baxter Meadows Phase II PUD,subject to all existing easements or record or of fact. 2. Improvements • This Agreement specifically includes: a) installation of sewer and water main extensions, b)street improvements, c) and related storm water drainage improvements. The Estimated Cost of said B gter 1VIMR W=IIC&V,PWCon" urrent�Co stru tion • improvements has been estimated by T, D &H, Inc., 215 West Mendenhall, Suite C-1, Bozeman, MT 59715, at Four Hundred Seventy Thousand and Forty-Four Dollars and 80/100 ($470,044.80) and is attached and made a part of this Agreement, as Exhibit A. 3. Financial Guarantee, Time for Completion of Improvements It is the Subdivider's intent with this Agreement to obtain building permits prior to completion of all required subdivision improvements. Therefore, this Agreement shall be secured by a financial guarantee in the form of a Letter of Credit issued by First Interstate Bank,401 North 31St Street, Billings,Montana 59116, dated August 22,2005,in the amount of Eight Hundred Thirty-Four Thousand, Nine Hundred Fifteen Dollars and 80/100 ($834,915.80) which is more than one hundred and fifty(150)percent of the Estimated Cost of said improvements. The financial guarantee shall be in full force and effective until the work is completed by the Subdivider and accepted by the City of Bozeman. Said financial security shall be in the form of a surety bond,certificate of deposit,or cash. The Subdivider hereby agrees that the improvements will be completed within four(4)years of the date of initial Preliminary Plat approval by the • City Commission,July 6,2004,in order to avoid default on the method of security. 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Subdivider is in compliance with this Agreement,and the Subdivider shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. 5. Default Time is of the essence for this Agreement. If the Subdivider shall default in or fail to fully perform any of its obligations in conformance with the time schedule under this Agreement,and such default or failure shall continue for a period of thirty(30)days after written notice specifying the default is deposited in the United States mail addressed to the Subdivider at Baxter Meadows Development, L.P., P.O. Box 81487, Billings, MT 59108-1487, or such other address as the Subdivider shall provide to the City from time to time,without being completely remedied,satisfied,and discharged, the City may elect to enforce any of the following specified remedies: • a. The City may,at its option,declare the financial guarantee to be forfeited and secure the complete construction and inspection of the improvements described herein. The City's representative,contractors,and engineers shall have the right to enter upon the property Bazter7lVIea'dow Phase� C&DAP.UD, ncurre&,ConstructionAA:#P,05040, . .:, . 0 • • and perform such work and inspection, and the Subdividers shall permit and secure any additional permission required to enable them to do so. In the event that any funds remain from the financial guarantee upon completion of all improvements, such funds shall be promptly returned to the Subdivider. b. The City may enforce any other remedy provided by law. 6. Imdemnification The Subdivider shall indemnify,hold harmless,and defend the City of Bozeman against any and all claims, at Subdivider's own expense, arising out of or resulting from the acts or omissions of Subdivider or its agents, employees, or contractors, whether negligent or otherwise, in connection with the performance of work described in this agreement. The City shall be responsible for any claims arising from negligence or willful misconduct on the part of the City or its agents or employees,except the Subdivider shall be responsible for those claims of negligence and misconduct arising from the Subdivider,its agents,or employees not providing to the Municipality,its agents or employees,information relevant to the subject matter of this agreement.The parties shall cooperate in the defense of Claims and shall furnish records, information, and testimony and attend • proceedings, as may be reasonably necessary. 7. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, including fees, salary and costs of in-house counsel including City Attorney. 8. Warranty The Subdivider shall warrant against defects of all improvements and that these improvements are made in a good and workman-like manner for a period of one(1)year from the date of their written acceptance by the Governing Body. 9. Governing Law This Agreement shall be construed according to the laws of the State of Montana. In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 10. Modifications or Alterations • No modifications or amendment of this Agreement shall be valid,unless evidenced by a writing by BaxterlMeadows Phase "D& T,UD.Concurrent.C6nsfructionti 05040 • the parties hereto. 11.Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 12.No Assignment It is expressly agreed that the Subdivider shall not assign this Agreement in whole,or in part,without prior written consent of the City. 13. Successors Except as provided in paragraph 12,this Agreement shall be binding upon,enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. 14. Acknowledgement of Increased Risk The Subdivider acknowledges in accordance with the terms of Bozeman City Ordinance No. 1532, Section 1.31,recognizes,acknowledges and assumes the increased risk if loss because certain public • services may not exist at the site. 15. Occupancy of Structures The Subdivider,in accordance with the terms of Bozeman City Ordinance No. 1533,Section 3.3.1.h and Bozeman City Ordinance No. 1532 Section 1.31 recognizes and acknowledges that no structures will be occupied or commencement of any use constructed or proposed within the boundary of the PUD or TND will be allowed until all conditions of the initial Preliminary Plat approval by the City Commission, August 18, 2003, have been met, and all required infrastructure improvements have been completed,inspected and accepted by the City of Bozeman and a Certificate of Occupancy has been issued. 16. Incremental Issuance of Building Permits The Subdivider,in accordance with the terms of Bozeman City Ordinance No. 1533, Section 3.3.1.d and Bozeman City Ordinance No. 1532 Section 1.3.d recognizes and acknowledges that building permits may be issued incrementally, dependent on the status of installation of the infrastructure improvements, for The Village Downtown PUD. • 17. Supplemental Fire Hazard and Liability Insurance The Subdivider,in accordance with the terms of Bozeman City Ordinance No. 1533,Section 3.3.1.d � d •_�,_ __., - .�...�.� .: � - -. Y � i £ �u� Baxter:°Meadow V� is-i-41G&'D-:P -D.C.gd'fr 6i ConstruC-H&IA#Pd05640 �; • and Bozeman City Ordinance No. 1532 Section 1.3.d will provide fire hazard and liability insurance with the City named as an additional insured. PROPERTY OWNER b I , Baxter Meadows Development, L.P., Baxter Meadows Construction, Inc., its General Partner, Gerald R. Williams, President STATE OF fV1C44 ,) n _ :ss County of (�C a-` n ) On this -�"-aay of , 2005, before me, the undersigned, a Notary Public for the State of Montana, pe. onally appeared Gerald R. Williams, known to me to be the President, of Baxter Meadows Construction, Inc., the General Partner of Baxter Meadows Development, L.P., the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (Signature above .PX n �b (Seal) (Printed Name above) Notary Public f r State of Montana Residing at:Commission Expires:Expires: �,Gtc�c i 3I, )00s�- (Use 4 digits for expiration year) • BatterrMeadows�P:hase�IIC&D��PiJD;Cpncurrent Construction�IA'�#P;,05,040�� �,�; �;,� rn,.� ..,���;�;,�;�Fa e,5� THE CITY OF BOZEMAN Andrew C. Epple, AICP Planning Director STATE OF MONTANA ) :ss County of Gallatin ) On this day of , 2005, before me, a Notary Public for the State of Montana,personally appeared Andrew C. Epple,AICP,known to me to be the person described in and who executed the foregoing instrument as Planning Director of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that she executed the same for and on behalf of said City. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. (Signature above) (Seal) (Printed Name above) Notary Public for State of Montana Residing at: Commission Expires: (Use 4 digits for expiration year) Bagter�lVleadowsPhase�IIC&D4PUD;Concur,"r".ent',Construction?TA�:#P",05.040.,_. ;,,� �Pa�"et6;�' Please See Financial Guarantee and Improvements Estimates under Tabs 16 and 17 08/01/05 MON 16:13 FAX 14065864951 T D & H 1jh002 ,• • . • ��0��' THE CITY OF BOZEMAN 20 E.OWVE•P.O. BOX 1230 V x BOZEMAN, MONTANA 59771-1230 9�t " ��' ENGINEERING DEPARTMENT 88 9Tr1V 8 �O� PHONE:(406)5B2.2280 • FAX: (406)582-2263 April 5,2005 Mr. Keith Waring,P.E. Thomas,Dean&Hoskins,Inc. 215 West Mendenhall, Suite C-1 Helena,MT 59601 RE: Baxter Meadows Subdivision Phase 11 REVISED PLAN SUBMITTAL Dear Mr..Porrini: The plans and specifications,prepared by Thomas,Dean&Hoskins,Inc. for the above-referenced project,having been submitted in accordance with the City's Self-Certification Process and being accompanied by a properly signed Self-Certification Checklist,are hereby accepted for construction by the City Engineer.All work performed under the subject certification must fully comply with the City's Design Standards and Specifications Policy under which the plans were certified. Approval is given subject to the following conditions: 1. Pursuant to Section 18.42.1.00 of the UDO,storm ponds can only be located within the outer 40%of the watercourse setback. Revise the storm pond east of Gallatin Green to meet this code provision. This acceptance pertains only to the above-referenced infrastructure improvements. Other facilities or improvements shown or referenced on the plans,which may be subject to review and approval requirements of other City,County,State,or Federal agencies have not been reviewed or accepted. Any change in these plans and specifications,other than those listed above,shall be submitted to the City Engineer's office for review and acceptance prior to construction. A Preconstruction Conference shall be conducted by the project engineer with attendance by the Owner's Contractor, the Engineer's Inspector, and the City of Bozeman prior to initiation of construction. Attached-is aPreconstruction Meeting Criteria Checklist ideE,5fying items which must be addressed or completed prior to scheduling the Preconstruction Conference(note:all permits listed may not be applicable). Shop Drawings reviewed and approved by the Project Engineer shall be submitted to this office at least two working days prior to the preconstruction conference. Please contact this office regarding scheduling a date for the preconstruction conference. Prior to initiation of construction,copies of the Contractor's performance and Payment Bonds, each in an amount equal to 100%of the contract amount,in favor of the Owner,shall be filed with the Owner and the City of Bozeman. HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK 08/01/05 MON 16:14 FAX 14065864951 T D & H Z 003 K�c Prior to final acceptance by the City of the installed infrastructure,the Proj eet Engineer shall submit a completed, signed and stamped Certified Checklist For Vesting & Documentation ` Requirements For lufrastrueture Improvements to the City of Bozeman, and certify to the Montana Department of Environmental Quality that the project was completed in accordance with the approved plans and specifications. Also attached is a copy of the City's Certificate of Completion and Acceptance.This certification shall be accompanied by 1) an accurate and complete set of Mylar Record Drawings signed by the project Engineer,2)a complete copy of the inspectors daily diary, and 3)a digital format copy of the record drawings. This acceptance is given with the understanding that construction will be initiated within one year of this date. If more than one year elapses before the beginning of construction,it shall be necessary to resubmit the plans and specifications for re-acceptance before initiating any subsequent construction.. One set of the plans and specifications bearing the City's endorsement are enclosed.If you have any questions please contact this office. Sincerely, l-644 �✓ Robert J. urray Jr.,�PE` • Project Engineer. cc: Debbie Arkell,Director of Public Service John Alston,Water/Sewer Superintendent Andrew S.Kerr,Engineering Assistant Department of Environmental Quality Project File ERF Enclosures • 08/01/05 MON 16:14 FAX 14065864951 T D & H [a004 R p°�.0TyrA,y w SUBDIVISION �' KEHN E. c WAKING = ^� N0.15191PE�,f3 CITY OF SOZEPAAN dD 2D APPROVED FOR ONE YEAR FROM THIS DATE ITANA .,x These plans and specifications have been reviewed by the .2� City of Bozeman and are hereby approved. This approvalrn s does not imply any specific warranty of the project design by the City of Bozeman. All engineering design details and Q. construction operations performance are the responsibility of the design engineer and the owner. Ip ' Engineer Z wO W 7l Z 7w�U o S g 0 K h 0 4Y� s SCHEDULE OF DRAWINGS SHEET NO. SHEET NAME 1 COVER SHEET lu 2 NOTES,OVERALL UIILJTY PLAN 3 SITE GRADING PLAN/BENCHMARKS m 5 I TARY SEWER FERGUSON AVE SANITAW SEWER SUMCES A 6 MILKHOVSE AVE. AND RAWHIDE ST.WEST SANITARY SEWER m m m 7 MILKHOVSE ALLEYS FAST AND WEST SANITARY SEWER DRAWN BY. TWC B� CALL 47IN CREEK SANITARY SEWER SERVICES OlsM m 6F 9 LASSO AVENUE AND CALLAIN GREEN STORM DRAIN QUALM CHECK OATR; al"s 10 FERGUSON AVENUE STORM DRAIN JOB No. Do4410 IE1D800K 11 STORM DRAIN DETENSION PONDS 12 LAM AVENUE WATER 13 RAWHIDE STREET WEST WATER 14 MILKHOUSE AVENUE AND GALLATIN MEN WATER 15 MILKHOUSE ALLEYS EAST AND WEST WATER 16 FERGUSON AVENUE WATER SERVICES 17 LASSO AVENUE STREET GRADNa IQ FERGUSON AVENUE STREET GRADING - Q 19 RAWHIDE STREET WE57 STREET GRADING N 20 W MOUSE AVENUE AND GALLATN GREEN STREET G ADNC e!S 21 MuMuSE ALLEYS EAST AND WEST,RIATTLL STREET GRAD= N 22 INJF7tSECNONs DETAILS W 23 INIPA.WIGNS DETAILS 24 INTERSECTIONS dETAILS'~Y Q W 25 TYPICAL+ROAD SECTIONS a W 2G SIDEWALK AND CURB eULEI DETAILS N Q µN N 27 PCDESTR RAMP DETAILS le SIGN DETAU N W am 0 W t) 2 1Z W n,. MAR 2 5. 2005 • �� , CAD N0. Awl � Sheik1 or 28 PLAT OF BAXTER MEADOWS SUBDIVISION, PHASES 2C & 2D • SURVEY PURPOSE: TO CREATE 76 LOTS AND 5 PARK PARCELS. TWO TRACTS OF LAND BEING A PORTION OF THE REMAINDER OF TRACT 2A OF CERTIFICATE OF SURVEY NO. 2202A, LOCATED IN THE SOUTHWEST 1/4 AND THE SOUTHEAST 1/4 OF SECTION 34, THE COMMISSIONER OF THIS SURVEY IS PC DEVELOPMENT. TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA TOTAL AREA: 22.271 ACRES N8741'57"E 217.08' 50' CT 7A TRACT REMIJNDER OF 2202A SETBACK C.O.S.NO' mm)v C.O.S.N0.22O7A REWJNDER OF TRACT2AIr Z ZONING R^} ZONING R-S NW41'571 453.16' N09'41'57 E B STREET O 82.49' 1 199s9' ,„I = WETLAND eTA9' _ 60 aW_____'1 ,Y____191AY______b ^'T"' Jae]S p; _______ b $ Lwo s 1 Ii8$iI I 7 L: 91m s ezro v g'' seff«1ri i seff4tlrD I t gear 1 Ly tlm>e• i $ wr.t1)wa 1 z L�Q OPEN SPACE B ex.w 0 PRIVATEi z i z _ TMROL DESCRIPTION I I# 2 i$$' ' z vosx s B N 92x4 v '�u �� 2, IS :Q� I � ; �'; ' 3 SURVEY BOUNDARY N V)IUfY EASEKEM 1 60 snffn'a)w I seff«1) a'sri I _--_ SETBACK � I , , I DRNEWAT ACCESS EASEMENT 8)J\SF sy ZONING BOUNDARY /� m• LOT 12 RR'� a563 S, R I S W,3s i�®� W7 v a I Z ..... ... W I W jSeff4111w a' 9aO 9a7Y o' / $� e2s 1ffi41W'E 1.7.11 8 la $I O PARK / \\\ z4>e s YE O RR 9ts 5{ 7 saoalri saff4 w rs> I me.w• LOT euz' N 94se' I 90. V' •\ 11 ti i I J6 N' LU 2A U_ f REMAINDER OF TRACT REMAINDER OF TRACT 2A 31i >L4v 8 I 2 .4ss ;6 2; a)i BSr I ''R NDER OF TRACT 2ATA g� (ry REMAINDER G.O.S.N0.2T0 i C.O.S.N0.2T02A ZONING R-S a L.D.S.NO,1202A ZONING SLff B_2 ZONING B- 2 __ U / i«1)w I Seff4t1 ffa,1ri I ZONING R-3 ! PARK �, N BLOCK 6 1-*y %ar 91.4r i 11—SF , __ i 1 i 0 60' 120' 180' + i • $! 5 5 X '$$: LOT 10 ;g g� 9919 I ]lm v i 9mz 52 U iI v S C A L E 1 C) i iI t ' BEARING BASIS: WEST LINE OF LOT I, BLOCK 7 seffall)w snff4tlri mff111ri PLAT OF BAXTER MEADOWS SUB. P.U.D., PHASE 1 PER RECORD ezv' I 9450• 9a1x' c 1 LOT 9 zy W 6 _7 s xT ie< >958 s 8 I WETLANDND i s N8741'57'E 749.78' 145.00' N89•SS't6 1 9eso• I m' Da]x• \ '^ I 19a.22' 191 14aed �" saffne]�t i50 ' SBYa7'34'W 240.12' `514']0'13�AI .35 PRNATE OPEN SPACE B $ ��,- Na9'41'a]E I S8741'57 W _______ Na9'al•57� -_-_ 1 16.15• >; 1x - Lam_-$_—___�_—_�—_LI____�_B_ _ _�_ ; g $ i I A STREET A STREET $ STAEEE y ' 19154' I T31UE' I 218.1 a' _ 22144,WETLYD 95.7 it9 - §_ ,m_3z' �4 $ 1mm 8 am 4zv xar 1, 4Lar8a 51 r nlf as = to u _ m r r gg 1 I1 1 2 2 3 4 A 5 5f alm v $ i $ szw s R $s1m s21pp gzm sp`p$m2 v-ppnm a ae4e s I NL B_2 LOT 6 = 5a9411ri 1 i$1{I 5 - I 5'eff41'5ri 1 1 Y 11rK I M p GI - 1 18 ZOIe eLm' I >t ml S 9.1 v 1mE9' 1 I tm.m' aarw 1 BLOCK y ez9914._+r.9r=e. u9.,•a]w 5321 i g 2 $ I B 12 $ L_ �«_sn �\ Lj I A ssv s R sag ss St I R—N 14]—tc �o,p a,`• s.cY a 11481 v 5lff41'a ' 411>w I 5694t'STY 569'.,1Jw �'' - -- '-- -"«'�---` \1 2 690 Sf I (� $ i LOT 1 LOT 2 LOT 3 gam' I(.7 9a9Y ,m.u' , I 1 1m.ar r $ IO f1, I t sleatlri � 2 U R k 17 a3 a 18 B a +_l —s It I sam, I Muse u z _ 1 R_S _- $ 3 $ $ 13 $ '�28m v-pp',a26Y v`=g§� seff4,•a>w A z f a ZONING B mff4t'Sri I i z I W 51 Sm]v >.bb $ JxaO JF 51 ,X K n7Z v Z n O LINEAR PARK Q BLOCK LOT 5 eam'- I 2 +pp„I$'N 8 Z Seffal'Sri i R$ Seff41'Sri Z 4iar 4Lar -$ 20 i seY«1)w • - W N 3 Z —7 SF io a� 149,sr I ; 'or "'la Im.ow al Q �1111h ^ 2—SF bl mar I K seY«•vw 35 ZING B_2 SETBAC W Q 1 z Seff«'aTT I o'V' 145W {15940 Sf B 3I j o� Z g y a4uv Ir ai5ov Z RI N ZONING R-In as.x9• I mess $ m Z 1 ALLEY 8 nu SF Q $ vff«'s>w sav411)w $I N se9.4I1>y.-.•,.i Ia _se9•«]]l> O 8 8 g to)t�9 sKF $ zas2els $I$ I seff411)w ry gl F N R 9a59' mw µ -rtmsD• IG ; Im.074{(��.}}?•: '+' I Y ^ BLOCK 13 r ses.11>w 0l0 0 mg g I a $ 3 + N PEE 2A 50ff411]w i N I K ^}4 Yba41 b[ • �j (C (n J_ R i3{ - ,1J raeT«S]4 �A 1 �J v U' IN510 LOT 4 ease• J - LL ]ao- >; uw $ 22 I ' W41•57'K = ta4m v = ! NEAIIOWS R1O i CD 3 Sl! 7 sev4t•5ri I mffs,•s)w I 42.m• 4aar zlm s I IIAKJER _ sear ew)s I BI 9m,sr I m.ls g loam• � r �'A $ z 10 9i ],i�s $ $ 8 C ]8 I S c' 24 �2 EI $ i sar.rvw s2 6m u 2 - 23 I ses«1ri i 1+ I} 1 zem s I mar 5.m' •1 ' op 9S-W 94 a8 - ' '.gym•' , - .n,---'C A.ST 11 i I a 5 6 7 sa«• zb' W4Ts _ _ la.,r �p� zav s PARK LOT LOT LOT LOT `�•• _- -'-- -_ I 4 k �'—_ 9o.m•- t Sal77w-147147-14''--�_ bg" 4 ,s4]tu 1 (''� t''� !` •�'+-E.- - 4699•e I __«m•__ _''a9D'---.a9o-- 9.a.-ua ''JJ�� ! jl ' 2 LOT i ! 4 ISS$', !Bt, 4 1 7_ r 'r. w r��' .-`� D i ,\` x lasso u _ I ZONING B_2 l6 LOT5T ]F 31 9w)s U �I l u ���� a U BLOCK $ a °�.. I S 9�aes"sF w .$ piv g I O + o_ SIB b 10 O ;A92- -p .1x4o srfi3 y u , )aar IEf_._-�!i '�F� ne3e' fig § 9a37 91s6 W F NaM 95Jf'- —a69D' ' 4aAe'•...9 69 1).OU`"-4iar 4x m' ,.42AC 5211.Mf 'y 11 m' - I IYLar a5.69' • az.5e' - 159.06' S69.41'571N 2J5.7D' - 22514126530 ,T200' EOUESTRIAN WAY EOUESMAN WAY SHEER 1 OF 2 516PLAT.dwg BLOCK 5 BLOCK B BLOCK 6 BLOCK 2 ' DRAWN BY: EB DATE: 6.11.5 QUALITY CHECK: 1 9 BLaK a PARK 3 ' SURVEYED BY: SA JOB NO. 005-016 FIELDBOOK Lm L°T 5 wT LOT 'j'�� - THOMAS,DEAN &HOSKINS,INC. LOT 12 11 PUBLIC PARK T LOT 26 LOT JJ LOT 6 PUBLIC LOT,3 LOT R_3 ZONING R-J ZON R-3 ZONING B-T R_s R-s zoNwc Inc B '.+ ENGiNEERiNG CONSULTANTS ZONING ZONYNO BA1fIER MEADOWS SUOMS/QV P.U.0.PHASE I BAx'fER MEADOWS SUOA95RIN P.LLO.PHASE 1 ,�• y GREAT FALLS-BOZEMAN-KAUSPELL MON ANA SPOKANE WASHI TON LEWISTON IDAHO 08/02/2005 07:46 14068964911 COTTONWOOD COMPUTER PAGE 02 —AUG. 2. 2005— 8;38A F 10 +4064530073 4.----�-- N0. 1634 P. 1 turf p►+nvoDn'm? .�►�, Gcm i FICA I k OF LIABILITY INSURANCE oe oz/zoos .ROW"R (400)45 - 464 FAX (4CW453-0973 THIS CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION Flynn Insurance Agency ONLY AND CONFERS NO RIGHTS UPON TKrL CERTIFICATE • 100 Park Drive South ALTER NMEA THIS CERTIFICATE DOGS NOT AINEND.EXTEND OR Bit C AP RDED B POLICIES9ELOW. P.O. Box 711 Great Falls, mt 59403 INSURERS AFFORDING COVERAGE NAIL N IMW= Baxter Neadows Deve opwt, L.P. INBwwk. NT Hary ey Insurance Co. PO Box 81487 *mum& Billings, RT 59109 INSURER C: ASURER D: INSURER E: THE POLICIES OF INSURANCE uSTED BELOW HAVE BEEN ISSUED TO THS INSURLh NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING My REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.?HE INSURANCE AFFORDED BY TTE POLIGM DESCRIBED HEREIN IS SL"CT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.ArvCJ=ATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CIAIMS. I,�le TYP7:OFINSURANCE POLICYNDMeet Y POLICYE7mIRA ON umm Q9*Mt.LIABIUTY MUL0141532 12 28/2004 22/29 2005 EAC"000MWCE s 1,000,000 J( COMUN CI CIALpoOMUOILI Y ED f 50 ,00 mMAW XMCWR O M6D1W(Anyamvmw) S S,00 A PETtBDNAl&ADv INXIRY 4 1.000 7 6ENWALAQORPAATE i 2 1 000.0 BETi'L A'ammATE LIMIT.APPuey PER PROWOft-COMPAlP Apo 9 Exclude POLIO f& El LOC AUMMOBILE LW41TY COMemED 9tNaLG UMrr f ANYAVTO Ta OLddMIq ALLOWNEDAUTUS GODILYNAMY $ SCNPM LED AUTOS pwow-A) 1,1:1160AUTOG BODLYINJURY NON4WNWM/tO8 ftaocdem) t PROPERTY OAMAQQ f �aEeeldenq GARAGE UAMITY AUTO ONLY.EA ACCIDENT S ANYAUTO p �q EAACC 4 AUTO AtKY AGO / NCtiBAMI1SRaLLALmWLfTY RACHOOCURRENCE S OCCUA l !W:uIN$MADs AT.'OREQAT% � f 9EDUC'nHl6 f RETENTION 4 f WORKMOOMPETNSATTONAND wCSTATu or+fi EMPLOT'E W LUINBJTY ANY PA5v9.TORIPARTN0tlPJ LftE EL EACH ACCIDENT f OFFIGERNISMOM EXCLUDED? EL DISEASE-EA EMPLOYEE S Yye�de>lube wider IPw PRaNBtwbeloe EL DWOE-POLICY LIMIT 4 Olm o86CMPTIMOPDPERATIONSILOCATRNS/VIMLNI ADO0D4WQ=0SOM0IT/0=AL STONE Rater ftadows project, Boaemam, pontana, Phase 2 C & D Final Plat. City of Boz@Mtan Owner is additional insured respects this project. FKM H p TI @HOMO ANYOFTMiANK DESCIBMID POumn AE CANammic or=TNO IDf RA=NDATET?If]IEOP,TT!mmcwmmYALLlNDBAYol1TOMAD. . iS 002Y IEITTGN"Q`=?Q THE CM7 MaTE MXOER NAMED tQ THE LE rr City Of Bozemn BUT FAILURE TO MAN.SUCH NOTE SHALL WPM NO OBLIGATION OR UABILRY PO BOX 1230 OF ANY IOND UPON rm ffa u m ns Ac,Ms OR REPkfnwATlvm Bozeman, RT 59771-1230 AUnIDRREO WM9111TAME Kark Nicholls LW S ACORD 25(2001l00) WORD CORPORATION 1988 08/02/2005 07:46 14068964911 COTTONWOOD COMPUTER PAGE 03 AUG. 2. 2005- 8:38ANr--*N INS +40645300736--NO, 7634`P. 2 IMPORTANT If the cerffle rte holder is an ADDITIONAL INSURED,the pollcy(les)must be endorsed.A statement on this osrtiflrate does not confer rigM§to the ce0cate holder in flew of such endorsemant(s). 9SUBROCIATION IS WAIVED,subject to the terms and conditions of tt+e policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse side of thle form does not constitute a contract be Ween the Issuing Insurer(s),authorized representative or producer,and the oeMoste holder,nor dome It afflrmo W*or negetivety amend,extend or alter the coverage afforded by the policies listed thereon. ORD 29(2Q07108) • CONCURRENT INSTALLATION OF INFRASTRUCTURE HOLD HARMLESS AGREEMENT BAXTER MEADOWS PHASE IIC & D PUD MAJOR SUBDIVISION This agreement is made and entered in to this 0�5 day of r , 2005, by and between Baxter Meadows Development, L.P., Baxter Meadows Construction, Inc., its General Partner, Gerald R. Williams, President, P.O. Box 81487, Billings, MT 59108-1487, hereinafter referred to as "Subdivider" and the City of Bozeman, a Municipal Corporation of the State of Montana, hereinafter called the "City". 1. The Subdivider agrees to release, indemnify and hold harmless the City, its officers, directors, agents and employees from and against any suit, cause of action, claim, cost, expenses, obligation, and liability of any character, including attorney's fees, which are brought or asserted for any injury, death, or physical damage to property • received or sustained by any person, persons, property, business or any other entity, arising out of or resulting from, or in connection with the issuance of building permits pursuant to the approved planned unit development for Baxter Meadows Phase IIC and D PUD Major Subdivision, and Section 18.74.030.D of the City of Bozeman Unified Development Ordinance. 2. Subdivider agrees to defend the City, its officers, directors, agents and employees, should City, its officers directors, agents or employees be named as a defendant in any actions concerning the issuance of building permits described herein. The obligations of the Subdivider to release, defend, indemnify and hold harmless the City, will apply to any suit, cause of action, claim, cost or obligation including, without limitation, those alleged under the common law or pursuant to a federal or state statute or regulation such as those arising in tort,trespass, nuisance and strict liability. 3. In the event the City is found proportionately responsible, the Subdivider is will be held responsible for only those damages, costs or liabilities as are attributable to the Subdivider's percent of fault as compared with 100% of the fault, giving rise to the 1 • damages. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage of this agreement. 4. Should either the City or the Subdivider be held responsible for any damages, costs or liabilities resulting from an intentional act by an officer, director, agent or employee in connection with the work specified in this agreement, then in that event, that party shall release, indemnify and hold harmless the other as to any damages, costs or liabilities that result from or arise out of that intentional act including reasonable attorney's fees and costs which shall include costs and salary of the city attorney or other in-house counsel. Further, notwithstanding the obligations set forth in paragraph 3 above, the Subdivider agrees to defend the City against all allegations of intentional acts. However, should the City be found responsible due to an intentional act by its officer, director, agent or employee, then in that event the City agrees to reimburse Subdivider for • reasonable attorney's fees and costs incurred in that defense. PROPERTY OWNER Baxter Meadows Development, L.P., Baxter Meadows Construction, Inc., its General Partner, Gerald R. Williams, President THE CITY OF BOZEMAN Andrew C. Epple, AICP Planning Director • 2 r j --,,. • - ;2. •� • 5 �l it • Ik, 1 f (`.� 4 � , �P !' �4 �� � IY rye y � �F i S t F �� t (}ft!' },' �S 1` s IIe +f1+� f� �� 1y . • i i; Ej{ �1 �; +, 4F, 1' j, 1 {;� f .I (� ,.� • n� r �1t 7 i� � r E ��' d �. �.; • 0 • CALCULATIONS SUMMARY The calculations used to originally equate Park and Open Space provided in Phase 1 of Baxter Meadows Subdivision have been re-calculated to account for amounts available to be carried forward to future phases. On the following pages are the calculation sheets completed with Sub-Phase 2A, which was final platted in July 2004. Additionally, the current calculations for Sub-Phases 2C & 2D are provided. Below is a summary of these Park & Open Space requirements which are supported by the calculations that follow. Open Space Park Phase 1 Acres 7.52 3.57 Sq FT 327,729.82 155,334.96 Sub-Phase 2A Acres 1.09 0.54 Sq FT 47,305.06 23,454.88 Sub-Phases 2C & 2 D Acres 1.94 2.76 • Sq FT 84,452.32 120,225.60 Available to Carry Forward Acres 3.48 1.23 Sq FT 151,691.32 53,756.96 • • • • BAXTER MEADOWS - PHASE 2C & 2D - PARK CALCULATIONS Baxter Meadows - Phase 2C &213: Subdivision .03% Park Area Calculations August 2005 AGJUSTM NTS TO.GROSS r°HKK PROVli)r i�' RF OJ) : AVAII:.AHI F. . Carry Buildable Lots Watercourse Public Park Provided Park Forward for Phase Gross Area R.O.W. (76) /92 DU Setback Wetlands Parks Phase 2C & 2D Required 2B Sub-Phases 2C & 2D 970,192 289,683 469,843 57,984 68,953 83,829 152,782 120,226 32,566 s 43,660 22.27 6.65 10.79 1.33 1.58 1.92 3.51 2.76 0.75 AC Carry forward from Phase 1 21,201 SF 0.49 AC TOTAL PARK ACREAGE AVAILABLE TO CARRY FORWARD 53,757 SF 1.23 AC Setback Wetland Park Area, SF 2475 5917 10638 15940 2141 13471 5724 66587 51327 36320 225 SF 67984 68953 83829 Acre 1.33 1.58 1.92 • • • BAXTER MEADOWS - PHASE 2C &2D - OPEN SPACE CALCULATIONS Baxter Meadows - Phase 2C & 213: Subdivision Open S ace Calculations August 2005 Open S ace - Amount Amount (less) Dedicated (less) Net Area for Amount Provided from Provided from Park for Phase Dedicated Open Space Required 16 Provided with Phase 1 Carry Phase 1 Carry Phase Gross Area 2C & 2D R.O.W. Calc Points Public Phase 2C & 2D Over #1 Over #2 Sub-Phase 2C & 2D 970,192 162,782 289,583 527,827 84,452 57,984 1 26,877 4,967 1.94 1.33 — _0.62 0.11 Watercourse Setback 57,984 Detention Pond included in setback - Amt at 16 Points Amt at 20 Points #1 Open Space Needed from Phase 1 Lot 1 Block 7 21,501 26,877 #2 Open Space Assigned from Phase 1 Private A&C 4,967 OPEN SPACE CARRY OVER FROM PHASE 1 SF Acreage Total Phase 1 Carry Over(#1) 123,552 2.84 Total Sub-Phase 2A Carry Over 55,016 1.26 S Amount Needed for Phase 2C & 2D (26,877) (0.62) Total Open Space Available to Carry Forward 151,691 3.48 • • • BAXTER MEADOWS - PHASE 1 - OPEN SPACE RE-CALCULATIONS Baxter Meadows-Phase 1: Subdivision Open S ace Re-Calculations August 2005 (less) (less) Trgct 1 #1 Required #2 ReCluiied (less) Dedicated .Dedicated Slated for Future. Net Area for Open 20 Points20 Points Required 16 Total Open Space Phase Oross'Ams Paik In Phase 1 R O W ' DevelnpmPnt' Spam 1. Ric (Pnvate) (Privat©) Points (Public) AcsignQl f'ha3e 1 Phase 1 2,898,482.4 161,250 632,055.E 466,527.6 1,638,649.078 451,282 4,967 21,201 477,449 27.54% 0.30% 1.62% 29.46% 27.54% 0.00% 1.62% 29.16% Balance in excess of 20%available to carry forward: 9.16% SF Carried Forward as Converted Park(1.62% Public Amt.): 21,201 F_ SF Carried Forward as#1 Open Space(7.54% Private Amt): 123,552 Note: #2 Open Space- .30% Private Amt. (Assigned to 2C & 2D) #1 Open Space areas -20% (1%): Acreage Sq Ft. Lot 1, Block 7 11.29 less Building Site Lot 1, Block 7 (0.93) Sub-Total 10.36 451,282 less Assigned as Open Space in Phase 1 (7.52) 327,730 less Assigned as Open Space in Phase 2C & 2D (0.62) 26,877 Totall 2.22 1 96,675 1 Available to Carry Forward _* #2 Open Space areas - 16% (1.25%): Private Open Space A 0.13 Private Open Space C 1.07 less Assigned as Open Space Phase 2A (1.09) 47,305 less Assigned as Open Space Phase 2C & 2D �(0.11) 4,967 Total 0.00 0 Open Space area converted to Park(w/Trail) -16% (1.25%) Private Open Space B (Counted as Park) 2.70 less Assigned as Park Phase 1 (2.08) 90,496 less Assigned as Park Phase 2A (0.14) 5,915 Totall 0.4867 1 21,201 1 Available to Carry Forward • r} • 1 h l i 3 � f • • f m i i A n it I it { ,i �i �Y it 1 • I 1 FW: Baxter Meadows James Goehrun ' To: Lanette Windemaker Cc: Ron Dingy Lanette — Michael McGullam requested that I forward my comments to you on the Park Master Plan submitted for Baxter Meadows. I have reviewed the document and am satisfied with the content. As further improvements occur I want to make sure there is a mechanism in place so all as-builts and other information such as well logs are submitted to the city so that our files are current. I have seen the recommended approvals submitted by the Subdivision Review Committee of the Recreation and Parks Advisory Board and concur with their comments. My approval takes into account that their concerns are addressed by the developer. Let me know if you need any other information for any development approvals. -----Original Message----- From: Michael McGullam [mailto:michaelandjo@vividnetworks.net] Sent: Wednesday, August 17, 2005 3:31 PM To: James Goehrung Cc: Lanette Windemaker Subject: FW: Baxter Meadows James, Here is the email I received from Lanette. She has indicated we are on the commission schedule for consent items. If you could email your approval to Lanette at your earliest convenience we really appreciate it. Again, welcome back! Michael MICHAEL MCGULLAM CADIUS PARTNERS, LIMITED 406.556.441 1 406.579.7944 • Page 1 of 1 Michael McGullam From: J� OHN HARPER_Uslsharper@msn.com] Sent: Thursday, August 11, 2005 8:42 PM To: Lanette Windemaker; Sue Harkin Subject: Baxter Meadows The following is a copy of the Baxter Meadows Phases 2 B, C, D final park plan.. I mailed a signed copy to Robin Sullivan. John Memo to Bozeman City Commission From: Bozeman Recreation and Park Ad."visory Board RE: Baxter Meadows Phases 2 B, C, D Park Master Plan Date: August 12, 2005 The Recreation and Parks Advisory Board recommends approval of the Baxter Meadows Phases 2 B, C, D Park Master Plan (final park plan) of August 2005, subject to inclusion of the following information: 1. A chart identifying all parkland improvements, showing general location (e.g., 2 B linear park),* the entity responsible for installation, expected date of installation (if by developer), estimated cost of item (if by homeowners' association). Improvements include, but are not limited to: recreational trails, bridges, playground equipment and fall zones, benches, picnic tables, basketball court. 2. A table of plat approval dates for each phase and the dates required by Montana Code for completion of the parkland improvements for each phase. 3. Section VII A of the excerpt from covenants uses the term "Private Trail Corridor"; all relevant documents should make clear that public access and use is provided in perpetuity to all of the (above described) Common Areas. ---------------------------------------------------------- John Harper, Bozeman Recreation and Parks Advisory Board 8/17/2005 116 II�III"l�l'/ �•JOLENE J. RIECK • _ 184LAR .. BAXTER MEADOWS / llll111111111\ SUBDIVISION U JJR/AMA a DESIGNED BY Z S2 AMA w DRAWN BY 13 PHASE 2B 2C & 2D PARK LANDS w JJR CHECKED BY d 08/09/05 O DATE 05024 PROJECT T NO. 05024 TRL EdwgrYa $ FILE NO. yy U To Z� OE ��uaP: WOz-a3m P. DRAWING INDEX z O H SITE DEVELOPMENT & LANDSCAPE PLANS 4 T1 TITLE SHEET f� • SDI SITE LAYOUT: LINEAR PARK 0;8 z SD2 SITE LAYOUT: POCKET PARK& CUT THROUGH U O Ll LANDSCAPE PLAN: LINEAR PARK pq L2 LANDSCAPE PLAN: POCKET PARK& CUT THROUGH L3 LANDSCAPE PLAN: STREET TREES L4 IRRIGATION SPECIFICATIONS Q d L5 PLANTING NOTES AND DETAILS N w W O w O a DESIGN TEAM w c� OWNER LANDSCAPE ARCHITECT a BAXTER MEADOWS PEAKS TO PLAINS DESIGN, P.C. a PO BOX 81487 208 N. BROADWAY, SUITE 350 F, BILLINGS, MT 59108 BILLINGS, MT 59101 (406) 896-4910 (406) 294-9499 w ryoRTH CIVIL ENGINEER = THOMAS, DEAN & HOSKINS I KEY PLAN /1'*,\ N ! 111 NORTH TRACY AVENUE T� SHEET i BOZEMAN, MT 59715 • (406) 586-0277 Tl SITE FURNISHINGS SCHEDULE i CURVE TABLE POINT TABLE ---' MANUFACTURER ITEM MODEL NAME MODEL n COLOR OTY - 6ALLATIN GREEN BOULEVARD l WI•BER NORTHING EASTIN6 RADIUS R74BER NORTHING EASTING L.EN6TH GAME TIME SWINGS MODERN FRAME.ADD-A-BAT P1238.PI239 ALL POWDER I EA. �- GI 6115.26 5662.41 121.2W PI 6155b5 5-Imm 73D' JOLENE J. I-BOO-235-2440 SWING SEATS SUPER SEAT a ENCLOSED TOT SEAT 8699 t 8695 COAT TO 2 EA �� G7 RIECK ' • PICNIC TABLE ADA PICNIC,TABLE p13pq MATCH EXISTING I -\ �^ 1 (•j` 6201b7 56TDD 79.2b' P2 6141.04 511b.26 SITE AMENITIES \\\ P'1 184LAR �' I CO 61D2.47 5640.20 5D.19' PS 61g7Aq SIIb�6 1656' BENCHES ARLIN&TON UF9106 2 C4 6I9D.79 7645.56 17b1' P4 670i37 5107.46 '��a•!C[H 54•�: SEATS ARLIN6TON UF9206 3 ���••.,, �`.`` TRASH RECEPTACLE ARLIN6TON UL9300 1 \ C5 62D239 561D.4q 105.24' PS 6I97.14 566138 46.24' 'llllllillll,� BASKETBALL POST CANTILEVERED P105T W/92'EXTEN. 459 1 ; VC66525,g4 5676,6q 5754' P6 61D1.-15 5610.15 55 BACKBOARD FAN SHAPED CAST ALUMINUM 854 1 ! 6145-60 5655,14 24.14' P7 6204.4b 5655.65 50.00'BB 60AL/NET SUPER GOAL W/NYLON NET 454 I I 6117.-Iq 556005 126.11' PD 6251.15 5620DS AMA L D'WIDE FUTURE GRAVEL TRAIL DESIGNED BYPLAYGROUND FACING 12'DEPD1 FIBAR MULCH 312 WA I60 � 619166 552134 61.45' Pq 610537 5542.4q 730 6I95.96 5400.75 q30' PIO 61D1.T 5535b5 AMA PII 61g2b5 5506A0 5D.01• DRAWN BV6245.4D 3460.75 100.75'UNPLATTED LANDS I 6545.6D 54553g 1 CA& P12 614265 5506AO JJR 645q.16 545g31 25.47' P15 6205.65 545652 qbb' CHECKED BY d 614 6460.14 556535 11131, PI4 6215.14 546052 08/09/05 O C15 644q.75 547gb0 246AX PI5 6216.26 5450bb 14,Oq' DATE Y Clb 6465b45 5414.40 6g30' PI6 62bg.04 5444AI 05024 U 1 PROJECT NO. N UNPLAT7ED LAPID� CI7 661155 549530 ID7.47' PI7 6996b0 945155 2695' (�N�CT TRAIL TO-PHASE /, CID 669966 552565 I16.22' PID 6414b0 546432 OLE NO.5024 SD.dwg N 2A� NCEC,T�RO!L_TENTS.BY �f CI9 6D6536 552132 40155' PIq 644b.47 541036 52g2' U OTImS P20 6456.g9 557b3b -_\_1... __=-...--_-_----..- __.I/:I-�I'-r�I'7-/_..�-I�1 '�I_`�_;'___ I✓\-_�S-�=�____._--. _-\C 7_- P21 5546.26 61,61' flP2261.l9 57D6b5 Zo.- 1 ` 652551 4gbb4 56.54' P25 3i<- UA 6365.7 54956 <i36686.15 550q.40 15b5661O.g2 OS1630 6750.17 5526A5 6233' a679235 552132 10 WIDE F � fa0Y3 _--�-�--__-� -�i,�'�_..__. _ --. _. _ ._ .... _- _-..•(Y-. .�: �•\ - = 1441\ CLASS 2 TRAIL e wiDE X 5O•-CENSTH PEDESTRIAN-LOAD _ ® ! DETENTION POND ��j FOOTBRIDGE;CONTRACTOR TO SUBMIT SHOP ' .ORAWIN�FOR REVIEW AND APPROVAL V� QG Furul¢E SEAT? 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'a'+w''%, • SYM Q BOTANICAL NAME COMMON NAME SIZE ROOT NOTES -•� -�—\ r / _ {',I �_,, II!j kI, =OECIDUOU'TREES � . -yqv-- I : JOLENE J. AR 14 AGER RI10R1/M NORTHWOOD' NORTHWOOD RED MAPLE 2'GAL. B d B \ . • RIECK GO 2l GELTIS OLGIDENTALIS COMMON NAGKBERRY 2'GAL. B d B "� l f r I ''.S�I,Si ,fII• n 1B4LAR - 1 FP 40 FRAXIN,5 PENN5YLVANIGA PATMORE' PATMCraE GREEN ASH 2'GAL. B d B `•�. I I - !�I I �..4i'`� FN 26 FRAXINIS NISRA VALLGOLD' FALLGOLD BLACK ASH 2'GAL. B d B -4o•�•�'ac?�.�� 6T 32 6LEDIT5IA TRIAGANrl105 VAR.INERMIS THORNLESS HONEYLOLUST 2'GAL. B a B ��� / \ - �I.�!!ij� Ijjl:J !� "++„iN!!!!"„ SA 59 5ORBU5 ALGUPARIA'DEGORA' SHOWY MOUNTAIN A5H 2'GAL. B e B \ �'""' r _4i! •i UA 5 ULMY AMERICA" AMERICAN ELM 2'GAL. \ I '] �' `s'- IIIL ✓" AMA' tC DESIGNED BY Z AMA W �()6T CO �' P.�`�. /: I%. ... \� DRAWN BY 0 �___��/�\.��1J \/'� /�11�II / `_,/r! ,(21 SA---——-III�I�r.I l�rI1I�I ----- —AR— I I1II� I6__T_.—�.ieo9r.�'�— ----'--`-- _M1�-.' /r f�• /,'' /'II�I, IIII`- -"-J)�_ ' ir,•7 1/I�� r .',�.iI.rIIIIl.'r�dI1!i`fY!,•.'i�d1I;l'.�:�gg'\\l�'iIr((1il:�t'�l✓.11)'I V1 -•l�i.' l; JJR o CHEC KED BY o 0) T o DATE T 05024 br 6r PROJECT NO. 05024LS.dW9 FILE NO. 6T I I AR rp Or 1JRE Ppo agU0W I { I PPq' CA CO ce��--- :I!—I re4. /P ! 4• %`\'' '• sensHE17NG PLAN AR O €m lja3 HEET L2 FORv. v D. _ / '\,\1 W,1\ I FP FP I { CIO Y AR \ FpPIP I Z • x/ i f' Fr I I I FP / a. �- I•I I \ I� S Pr I 1 \ / i i�� \� .,•�' , I,'Y• I / I I':,.. ~� ® •6 0T C.l) U / 1 FP n•/ .� .•I piar SA Q1 W F- /' FP I 1 5A SA FN (2) FN _YI.6T FP\\ AR Fr 6T SA I m (4)SA I f t' j� I Qfi i i it f i -��,i!a' t-+,;.+-; i;y:+:- R� SA (2) i�' ° sA q _ 6 do o I , '',S! / / w •�� N 5A CO— FN PP I & $A• (E • PN SA f715A \ 6T 5I'. I 1`I t 1' t II , ' f- W P AR FP I Ji'-Fi-�i=i-'i 1=:j j• :{- '""!'+%-+ W I FN I I I I _ I �1 r'�+• I I' SA S —__ —__ _—_ /. — — +jl j I PPS' i FP FIN FN + I I !(: ,.r,• COFN UA — — I 69 — — - r--�� - I 6T Y"6T CO 1 I FN �:'. 0 I , , I FN _ _ i — — LO C-Ei FO I PP !FP •'� I / i r 6T frl ('J)PP (S1 FP /�•S—S -•� /•• , NTIN6 _ i ��I — — tF✓ { I 6T ^ / i I I I AR I/ `\ F-1 UA 6T'I I Z UA /I I _ I / 1' '!I '11_ �� 1 I br I I I I AR / ..: Fp I AR _ FP uA. i ----f2)5A 215 1 sr I li, `'I"I I % w r+, L , to co FN --_--__ --- --- FN CIO FN ail; }Ir S - S _ FN GA N L-----SA ,I SA +� FN FN— - - _—fn...� 5A �p QI SA I Iji ,1 I �� i!i.?.+}�-t' ! i-F;iii:..!-4i-;�-II _ ? i S rl:ri.i.'t-H-Ft= -'r-S I} t I i:* SHEET I STREET TREE PLANTING PLAN �� r� L3 SCALE+ 1•-60 0 30' 60' 90' 120' V FINISH 61ILADE IRRIGATION NOTES I—I I I—I I I I— III—III—I I T HEAD D VENSHO R SET FIN JI 6RADE/TOP of FL LGH - 184LAKR _ _ —I _ GEAR DRIVEN ROTARY III—III I III—III III TO GRADE WHEN TURF t o `- —III—I i I III—I I I—III—I ' 6'POrdIP SPRAY HEAD '�i��'O;�F,[,N,`'.t �`• I. LOMRAGTOR SHALL MAKE HIMSELF AWARE OF ALL ID. PROVIDE CHECK VALVES IN ALL HEADS WITHIN A ZONE THAT IS ESTAB_ISHED W/ADJUSTABLE RADIUS EXISTING AND PROPOSED SITE CON DITION5,IN-LUOING VARIES MORE THAN 2'-0'IN ELEVATION. -III—III—I I—III—III—I I i Nozne II�IIIIIIIIII PLANTING,GRADING,BUILDING CONSTRUCTION,WATER IS,. LOCATE SPRINKLER HEADS ON THE UPHILL SIDE OF I DEVELOPMENT,AND SUPPLY,PRIOR TO COMMENCEMENT OF PLANTINGS,PROVIDE HEAD TO HEAD COVERAGE AND NOZZLE I—III—III III—III—III- SWUNG PIPE;12-INCH LENGTH _ U WORK. NOTE ANY 5LEEVE5 AND IRRIGATION STUBS FOR HEADS TO PROVIDE A BALANCED PRECIPITATION RATE. .III—I I(—I I I III—III—' AMA d FUTURE WbRK. WILL LOCATE SPRINKLER HEADS TO AVOID CRY r.PO(LTIO V THAT —III—III—I I 16-MALE NPf X.490 INCH BARB 2. CONTRACTOR SHALL LOCATE AND PROTECT ALL I I DESIGNED BY Z WILL LIMIT RADIUS OF COVERAGE.CAUSE DRY SPOTS,OVER �— < ELBOW UNDERGROUND UTILITIES,CONDUITS,AND STRUCTURES AND SPRAY ON BUILDINGS,STRUCTURES AND PAVEMENTS OR OTHER I I—I I 1 1 i 1 56H 60 UNITIZED PVC. AMA VI SHALL ASSUME RESPONSIBILITY FOR ANY DAMAGE INCURRED. WATER DAMAGE. SWING JOINT,I2' Q 3. THE IRRIGATION CONTRACT INCLUDES SUPPLYING AND 21. NO SUBSTITUTIONS WILL BE ALLOW LENGTH ALLOWED WITHOUT WRITTEN DRAWN BY � INSTALLING ALL MATERIAL9 AND EOUIPMENT FOR A COMPLETE, CONSENT FROM THE LANDSCAPE ARCHITECT. 45•MAX, PVC SCH 40 TEE OR ELL JJR Z AUTOMATIC IRRIGATION SYSTEM. ANT ITEMS REQUIRED TO 22. LOCATE HEADS APPROXIMATELY 2'FROM PROPOSED CURBS, PVC LATERAL CONFORM WITH SUCH INTENT ARE CONSIDERED TO BE PIPE WALKS AND MOWING EDGES. PVC LATERAL PIPE CHECKED BY g INCIDENTAL TO THE WORK. 23.USE•A I'VALVE FOR ZONES WITH A FLOW OF 29 GPM OR 4. DO NOT WILLFULLY INSTALL THE SYSTEM WHEN 05VIOF LESS. USE A 1-I/2'VALVE FOR FLOWS BETWEEN 25 GPM AND 65 V MALE NUT X.490 INCH BARB 08/09/05 O OBSTRUCTIONS,6RADE CHAN6E5 AND SITE 6E0MEMY EXIST. GPMWNE . '- ELBO,N DATE y SUCH DIFFERENCES SHALL BE REPORTED TO THE OR5 24. ALL VALVES TO BE INSTALLED IN ARSON'VALVE BOXES OR `1 REPRESENTATIVE. IN THE EVENT NOTIFICATION 15 CH 40 PVC,TEE 05024 NOT MADE. EOUAL OF PROPER SIZE,DEPTH AND GRADE. PROVIDE VALVE S THE CONTRACTOR SHALL ASSUME ALL RESPONSIBILITY FOR BOX EXTENSIONS AS REQUIRED. OR ELL PROJECT NO. a ANY NECESSARY REVISIONS. 25. ALL WIRING FROM THE IRRIGATION CONTROLLER TO REMOTE 5. CONTRACTOR SHALL REFER TO LAND5CAPE AND CONTROL VALVES SHALL BE OF-14-1 DIRECT BURIAL GABLE. ALL 05024_IRR.dwg N ELECTRICAL PLANS WHEN LAYING OUT HEAD PLACEMENT AND WIRE SPLICES SHALL BE MADE IN VALVE BOXES. PROVIDE FILENO. TRENCHING. SLEEVES UNDER ALL PAVED AREAS. I ROTOR HEAD '1 POP-UP SPRAY HEAD U 6. ALL IRRIGATION INSTALLATION SHALL CONFORM TO 26. CONTRACTOR SHALL BE RESPONSIBLE FOR THE FINAL REFERENCE NO SCALE REFERENCE NO SCALE LOCAL CODE5. LOCATION OF THE CONTROLLER BACKFLOW PREVENTER AND T. CONTRACTOR SHALL VERIFY IRRIGATION SYSTEM DESIGN CONNECTION TO WATER SOURCE TO MEET FIELD CONDITIONS. _ AND GP.K REQUIREMENTS,AND COMPATIBILITY WITH THE COORDINATE INSTALLATION WITH OWNERS REPRESENTATIVE AND WATER SOURCE. OTHER TRADES. 6. ALL EQUIPMENT,INCLUDING NOZZLES AND EMITTERS ARE TO 21. CONTRACTOR SHALL BE RESPONSIBLE FOR FINAL BALANCING BERMtEp W a o c°IO Be DIRTY WATER COMPATIBLE. AND AD.LSTIN5 THE COMPLETE IRRIGATION SYSTEM,INCLUDING HODEL 4 BOX 9. ALL SPRINKLER EODUIPMENT SHALL BE PRODUCED BY THE SPRAY HEADS,ROTORS AND DRIP LINES. FINISH GRADE SAME MANUFACTURER. 26. CONTRACTOR 15 RESPONSIBLE FOR PERFORMING FIRST-YEAR AIR a VACUUM T/) < z QUICK COUPLING VALVE IN A ROUND -_ RELEA ZE&ATE VALVE 'z' k 3<a It.V ALL DRIP IRRIGATION PIPE DO POLYETHYLENE FROM ELECTRIC, WINTERIZATION AND SPRING START-UP PRIOR TO MAY UST,DURING OR RECTANGULAR VALVE BOX = I I III I VAL o VALVES D I BE 166 INERT P51 E FIT POLYETHYLENE PIPE THE ONE-YEAR WARRANTY PERIOD. _ INSTALLED WITH INERT TYPE FITTINff'AND'OETIKER'DOUBLE 29. FINAL INSPECTION, THE IRRIGATION CONTRACTOR SHALL _ <O o CLAMPS. DEMONSTRATE THE ENTIRE SYSTEM TO THE ONWERS NIPPLES LENGTH REQUIRED III -III—III p+ D f a u _ 12. ALL ELECTRICAL AND IRRIGATION SLEEVES LOCATED REPRESENTATIVE,PROVING THAT ALL REMOVE CONTROL VALVES THREADED m UNDER PAVEMENT OR RETAINING WALLS SHALL BE IN 4'DIA. ARE PROPERLY BALANCED,THAT ALL NEAD5 APID EMITTERS ARE -I I I—III—I ,LINE SIZE O Z 4 d ECK 40 PVC.MAXIMUM COVER OP 24•. PROPERTY ADJUSTED FOR RADIUS,ARC OF COVERAGE AND SCHEDULE 4O PVL H Z e; FITTINGS,TYPICAL II I -III—III- ((//�� o=O.3 I3. ALL DRIP LATERALS SHALL BE BURIED TO HAVE A MIN. EMITTER LOCATION AS IT RELATES TO INDIVIDUAL PLANTS. 2'SXSKt"fIPT TEE � �Z mom-°; COVER OF 10'DEPTH. ALL DRIP TUBES WITH EMITTERS SHALL 50. PRIOR TO FINAL PAYMENT THE CONTRACTOR SHALL PROVIDE I ICI I I—III y� o BE AT SURFACE UNDER FABRIC AND MULCH. TO THE CITY PARKS DEPARTMENT AN AS-BUILT PLAN AND MAINLINE PVC UNION q —III -III -III—III14. PROVIDE 14 GAUGE DIRECT-EMIAL LOW VOLTAGE HIRE OWNER'S MANUALS. DURING THE COURSE OF THE INSTALLATION, PIPE INE PIPE 0. ] WITH SM 05Y WATERPROOF CONNECTORS.RUN OF LOW THE CONTRACTOR MUST RECORD ALL CHANGES MADE TO THEIIIII—VOLTAGE HIRE IN EXCE55 OF DOD'SNM.L BE 12 GAUGE WIRE. IRRIGATION SYSTEM. THE CMAN&ES ITT BE MADE IN RED ON THE15. ALL MAINLINE PIPING SHALL BE BURIED TO HAVE A MINIMUM ORIGINAL PLAN. COVER OF 12% ALL LATERAL PIPING SHALL BE BURIED TO 51. THE CONTRACTOR WILL WARRANTY THE IRRIGATION SYSTEM ETE THRU5THAVE A MINIMUM COVER OF IO'. PULLING OF PIPE 2'DIA.OR FOR A PERIOD OF ONE-YEAR FROM THE DATE OF SUBSTANTIAL LE 55 IS ACGEPTAB E. COMPLETION. AM SETTLEMENT THAT OCCURS DURING THIS TIME 16. SLOPE MAINLINE TO DRAIN. WILL BE REPAIRED AT THE GONTRAGTOR5 EXPENSE. M..y TI. LIMIT THE USE OF FITTIN& AND INSTALL LINE SIZE FITTING$TO (n ENSURE MINIMUM FRICTION LOSS IN SYSTEM. 3 G2UICK COUPLER 4 AIR RELEASE VALVE fez • REFERENCE ' NO SCALE REFERENCE NO SCALE Q w IRRIGATION COMPONENTS �D 3M'DBY WATERPROOF � POP-LIP DESCRIPTION HAWF. MODEL• RECTANGULARORALS HUNTER MPOP-LIP SPRAY WADS RAINBIRD 1606-SAW-FRS OR F++ NTER IN5T-06- BOX CV FINISH 6RAOE/TOP OF RELTAN6ULAR VALVE POP-UP ROTOR HEADS RAINBRO 5505-NP OR MULCH BOX O N WINTER I-20-6P-ADV \ FPRESSURE 10DULE REGULATING W 7 ELECTRIC CONTROL VALVE RAINBIRD 100/150r100 PESB-FRS-D OR REMOTE CONTROL VALVE Now MWI FIN.GRAD HUNTER PVC,SGH 60 NIPPLE(CLOSE) DRIP ZONE CONTROL KIT RAINBIRD XCZ-LF-0T5 W FTi PVG SGH 40 ELL FF�iiI CONTROLLER RAINBIRD ESP-M- 7WVE SIZE BALL ^ W PVG SCH 60 NIPPLE(LENGTH SLEEVE LINES PVC 5GH 40 4-DIA,MIN-6-DIA MAX. p,��.[� AS REQUIRED) w H O 10'ROUND OJG- OLOGK(1 OF 4) MAIN LINE h•'=1 ry� MAINLINE NC 5CH 40 (2'VIA. F++ VALVE BOX PVC SCH 50 NIPPLE(2-INCH U LATERAL LINE PVG SCH 40 5/4-VIA.MIN-2-VIA.MAX. 5'MIN' LENGTH,HIDDEN)AND SCH 40 wELL SCHEDULE 40 DRIP LATERAL LINE PE I60 P51 3/4'DIA.MIN.,I'DIA.MIAX. 3'MIN /� /����\`/�\ PVC SGH 40 TEE OR ELL 6-DEPPVC UNIONS a DRIP EMITTERS RAINSIRD X13-10/20 PG \ %/ \�//� PVC 5CH 40 MALE ADAPTER PVC LATERAL PIPE QUICK COUPLER 4 KEY RAINBIRD 44 R-OR W AI P C.MAINLINE PIPE HUNTERPTH.�'WASHED ISOLATION BALL VALVE HUNTER HO-44RC WASHED '�\ �' �� �\; \ 5'DE 6 AGGREGATE I\��\\ ROCK \ REFERENCE NO SCALE - \ � \\�\� ` 5 ELECTRIC CONTROL VALVE COMPACTED U) SOIL \ \ REFERENCE NO SCALE FINISH GRADe z z BUNDL\� \ WG 5GH 40 ELL 1 AiS.MAKE ALL SPLI ALL CES N AT 10 ALVE O 4'PVC.RISER u _ LENSREQTH ASUIRED /\ \\/\ \\ MAIN LINE WA' PVC 5GH 60 NIPPLE O BOXE5 a LOCATE ON AS-BUILT PLANS. 9 O PVC SGN 40 COUPLING TIE A L005E 20 FT.LOOP IN HIRING AT �•-N . SUPAC 4NP \��\\�/� /\�\\ \\\ BOO EADED TEE ON WATERPROOF CONNECTIONS CONDUIT ALL CHANGES IN DIRECTION 64ZEATER DIRECTRBCT BURY ' DOWN AT ENDSN �'\\ / TOP OF M�1LGH OR VALVE BOX SECTION THAT H N 0 MAKING CONNECTIONS* EAL LOOPS SECTION GRADE INSTALL ALL ALL LNG LI WRING IN CONDUIT. TIES N V NC 5GH DD NITLE PLACE A TNROU6H SLEEVeS IN CONDUIT t.ND LPVCOOP F=1 PTION TO SERVILI ASS . FOR G NCH OR OFU L P.E. HE DRIP LATERAL W PVC SCH 60 PVC SCH 40 MALE ADAPTER LINES,PROVIDED A MINIMUM COVER FITTINGS a 5CH 60GONDUIT DIRECT BURY RAN THREADED NIPPLES 35"M_IK DEHED PTH F�'MINUS PLAN OF 10'CAN BE EUARANTEED. (n FIN15H GRADE FINISH GRAD V BLOCK 0 OF 4) ALVE F c ry ~LLl C.JOINLIKE PRESSURE REGULATOR - w REMOTE I `��✓/\� d� ` REMOTE CONTROL VALVE Y LATERAL _ u SECTIONS l �\ RT WELL WUMIN.I GY INLINE WE FILTER ��1� 0'/ 6P 1-I/2'WASHED BALL VALVE • LATERAL All GATE WG MAINLINE 4IN TEE PE OR ELL IN CONDUT IN TRENCH SHEET • PVC 91-H DO NIPPLE(2-INCH LENGTH MAIN LINE DRAIN HIDDEN)AND PVC.SGN 40 ELL �' 8 DRIP ZONE CONTROL ci TRENCHING REFERENCE REFERENCE NO SCALEI REFERENCE NO SCALE REFERENCE NO SCALE PT r �� 11 all�—��I—I II—ITL -� P y y�nj0 �°No F,P Og�OmORa >xp� DA �P zg- jps 7opT�° J \ —JJ. .LLL TTTT7� I III I..I.. N Op�U NIIIO !BN y0`�m i � m 0 z S NNj rn II e,{ O lL))" z )r O a'�I)� ONO�1�j >p~m Z pnr� / T �� 1 r " N Tr "��" Lyyyyy�hl0" 7���0Iz X IRR �1`j �=r pA)pA)pA) a7B N — I • rn _ _ - _ly N 0 r 0 °r r0 O iM1� 7 -� ` �O 61P"rr0 mf4 _ =� rrr� r. _� m A_ � iR A �� ..Xr °�L; M �N o ,� ; �Z /� > cy r NyY gyp- A p r �I yZ ���il '5 rAp •Q jq� nS° i'g � O�gp Itl7> L�j�`' p ° Y$N- L$;M:! 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PLANTING NOTES BAXTER MEADOWS SUBDIVISION o m m _ o' r AND DETAILS PHASE 2B,C&D PEAKS TO PLAINS DESIGNS o m _ m m a_ C31 BOZEMAN MONTANA f p A ' �•208 NORTH BROADWAY.SU11E 350 + r / BILUNGS.MONTANA 59101 `.• (406)294.9499.(4061256-7123 FAX W W W.PEAKSTOPLAINS.COM C)2005 PEAKS TO PLAINS DESIGN,P.C. riay�,wuiiu LquiyuiciiL 1W ',Ui1u1iC1Liai, 1 aix, aiiu a%,iivvi i iayrivl.uiu3 11UM ui%, J Uauilir, ... I us., i Ui i Search.. try Z,- �F14r„ 1 - 300 - 215 - 2440 a .o Photo GTSite Seat with Armrests Product Name: Seat with Armrests _:• Model Number: UF9206 Description: 6 ft.(1.8m)surface mounted � T List Price: US$738 Product Options UF9216:6 ft(1.8m)w/center arm;surface mounted - UF9218:8 ft(2.4m)w/center arm;surface mounted View Options View Metric Specifications View Available Color Options Use the Color Wizard r WARNING:Playgrounds Require Safety Surfacing.. 4o"'�� u may also like.. 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A • Early Childhood i In-Ground Mount ;Package Product Name: In-Ground Mount Package Model Number: 23029 Description: Walker Three List Price: US$811 Product Options 23011:Crawler Two 23027:Crawler Three 23002:Toddler Two 23005:Toddler Five 2300 :Toddler Six t 23007:Toddler Seven ' 23010:Toddler Nine 23028:Walker Two 23030:Walker Four View Options View Metric Specifications View Available Color Options Use the Color Wizard WARNING:Playgrounds Require Safety Surfacing.. • Lik¢Items I last Viewed You may also like.. See all like KidTime Play System Mounting Packages.. Surface Mount Package • http://www.gametime.com/pdetail.asp?l=Early_Childhood&g=KidTime Play System Mou... 7/27/2005 Playground Equipment by GameTime : GTSports : Fan Shaped Cast Aluminum Backboard Page 1 of 1 • 0 1 Photo 1 GTSports I Fan Shaped Cast • Aluminum Backboard i • Product Name: Fan Shaped Cast Aluminum Backboard Model Number: 854 o tr ...... , ft List Price: US$498 View Options View Metric Specifications I1 f View Available Color Options I i Use the Color Wizard { J, a ' I � 1 L i i i WARNING:Playgrounds Require Safety Surfacing.. ( like Items last L�iewed You may also like.. See all like Basketball.. s l ri``o 1 1 Heavy Duty Break Away Cantilevered Post Goal Single Post with) Standard Goal with 9 Super Goal with Nylon , ? Extension Nylon Net Net I I http://www.gametime.com/pdetail.asp?mn=854&pn=Fan Shaped Cast Aluminum Backboar... 8/9/2005 Playground Equipment for Commercial, Park, and School Playgrounds from the Leading ... Page 1 of I H�roj basketball products Hon? 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This complete station is also availab carded bag type dispenser or bags on a r .. a carded bag type dispenser or bag: roll.The Gladiator bin is made from heavy Y'"" ' roll.The bin is 10 gallons and made gauge galvanized steel and then powder heavy gauge perforated steel and th coated forest green for added protection. w powder coated forest green for adde The bin has special chute which allows only protection. small articles to be placed inside it ensuring it is used for the dog waste bags and not ;,, Each station comes with a 10 Gallor x: filled up with other trash. It also has a post,dispenser,sign and fixings. unique drop down front making emptying Options include-Customized signs, the bins a simple mess free task. Each graphics and larger capacity bins. PI 1 $`; station comes with a Gladiator Bin, post, contact us directly to discuss these c dispenser,sign and fixings. Customized " For refill bag prices click here. signs and bin graphics are available on For more information on dispenser t, j, request, please contact us to discuss. click here. JJB12A-Pet Waste S affi n�"41A nags on a card$475 fi+ JJB006-Pet Waste Station,no lid with bags on a ro JJB12B-Pet Waste Station with bags on a roll$475 JJB004-Pet Waste Station,no lid with bags on a ca JJB007-Gladiator dog bin and post(Stand alone)$365 7:ii�rtrir� JJB Optional Lid for the economy station$35.00 More about the Gladiator Bin click here JJB10G Economy bin&lid $205 © 2004 All Rights Reserved • http://www.jjbsolutions.com/page6.html 8/14/2005 • • • a 'i i • i 4 � I� i � �� �� � �� c i 1 • �� { i sl I �� i I • i ! i 4 � + ' I ti y— t it �4 �' �z 'i: i � � i • BAXTER MEADOWS DEVELOPMENT PARK MASTER PLAN BOZEMAN, MONTANA Prepared by: Teresa E. Olson, L.A., Olson Landscape Architecture, Inc. History Baxter Meadows consists of approximately 460 acres located North of Baxter Lane, West of the new N. 19th post office. This property was purchased by Jerry Williams in 2001. • This acreage has been used historically for agricultural purposes including the production of hay and grain as well as a functioning dairy farm. One hundred acres was sold by Jerry Williams to Gallatin County for the purpose of a regional park in 2002. This regional park is located south of the development (South of Baxter Lane) between Davis Road and Ferguson Road. The remaining 360 acre Baxter Meadows Development is broken into six phases. Phase one was final platted in March of 2003 and many portions are currently under construction. Phase two is currently broken into six sub-phases and the first sub-phase is slated for final plat summer 2004. Existing Conditions and Surrounding Uses: Existing neighboring conditions include the regional park to the South, a row of residential housing along Davis Road (North of Baxter Lane) and the remaining adjacent properties are agricultural crop lands. There are existing wetlands which occur in the Northeastern portion of Baxter Meadows Development. A detailed report of these existing conditions and recommendations for their treatments were composed by Lynn Baken of Land & Water Consulting in 2000 and were submitted to the appropriate agencies in conjunction with phase one. Phase one was final platted in March of 2003. Phase one consists of medium density multi-family lots, estate lots, transitional density lots, a bed and breakfast, two pocket parks and a section of a linear park. Phase one is currently under construction with many sections already completed. Roads and utilities such as sewer and water pipelines have been constructed. Phase one incorporates a large formal boulevard entry located on • Gallatin Green Boulevard. It also has a round about which is the first of its kind in Bozeman. Other features of phase one include an existing veterinary clinic. The linear park section of phase one is currently under construction including the trails and landscaping. Phase two has been subdivided into six sub-phases. Phase two A of Baxter Meadows Development is scheduled for final plat in the summer 2004. Phase two consists of neighborhood mixed use lots, for example, retail, office and medium density housing. It also includes a section of the linear park. There is also an existing building titled Trakker which resides within the boundaries of phase two A. This building is currently used for light manufacturing, offices, coffee bar and residential use. Proposed Uses and Character: Baxter Meadows Development is a unique project in that it proposes to encompass many differing land uses. The goal of such a development is to provide a live and work environment. Residents of Baxter Meadows will be able to work and live within the same community rather than have to commute outside the neighborhood for employment. This is accomplished by including a mixture of residential densities along with nearby open space, and retail and commercial spaces. Modern features will be accessible to all lots and include high speed internet. Roads, sidewalks and trails all contribute to the accessibility of each proposed land use to each other. 2 • 0 Residential uses and character within Baxter Meadows will cater to people and families of all sizes, economical status and age. Proposed within the development are bungalow style (medium density) homes, traditional and village style (transitional density)homes, estate lots (low density) and numerous town homes, duplexes and live/work stacked flats. Bungalow style homes at a density of 8-14 dwelling units per acre (DU/AC) are fashioned after affordable and low maintenance historic neighborhoods. There are three differing architectural designs which homeowners can choose from. The buildings will face the main street with garages accessed off an unseen alleyway. Porches adorn each bungalow style home contributing to a welcoming and relaxing feel. These home styles provide an aesthetically pleasing and uniform appearance as well as limit landscape requirements and unnecessary watering. Traditional and village style homes are proposed at a density of 5-12 DU/AC. Villag homes are offered with alley access to garages, Tradition homes provide side- loaded access. These homes are ranch or two-story architectural designs. Estate style residential units are offered on larger lots and are located on the west side of the development. Estate homes are currently at a density of 2-4 DU/AC. These property owners will have the feel of privacy and more rural living while still being within walking distance to retail and commercial developments. Open spaces proposed within Baxter Meadows include street rights of way, pocket parks, a linear park and a large wetlands area. Also surrounding the estate homes is a large irregular shaped tract of open space. These spaces have been incorporated to aid pedestrian circulation from one land use to another and also to create visually aesthetic passive and active play areas. The linear park was intentionally located to follow an existing water course. It also makes an important connection in the Bozeman to Belgrade Trails system. The linear park provides the link between Belgrade and the 100 acre Regional Park. The linear park is proposed to provide habitat for wildlife especially in the wetland setback riparian plantings. A large portion of the linear park will be developed to enhance the natural environment.Native grasses and natural boulders will be incorporated to reproduce a natural and wildlife friendly habitat. Storm water detention ponds will be incorporated in these areas as organic flowing spaces which will contribute to a more natural land character. A minimum of class II Trails will be provided for access through these differing park areas to connect pedestrians from one land use to another. Other areas of the linear park are to be used for active recreation. Included activities are basketball and swinging. Other uses may occur in the open manicured turf areas such as throwing Frisbee etcetera. Picnic tables and other park amenities such as garbage bins and dog scoop dispensers are also proposed throughout the park to assist in maintenance and use. See a sample linear park on page 13. Pocket parks are smaller spaces and are incorporated within the medium density neighborhoods to provide common open space to home owners. They are small intimate spaces which are intended to attract younger users than the large linear park. The pocket parks may have tot-lots incorporated. These tot lots will have toddler appropriate play equipment. They will also have benches and garbage bins. Pocket parks are intended as restful sites and are not intended for active recreation. They do provide common open • 3 0 . space among fronts of bungalow style homes which will contribute to the sense of community and neighborhood friendliness. See sample pocket parks on page 12. r- An an The open space provided surrounding the estate homes may incorporate wetland plantings and other naturalizing landscaping. Trails may flow throughout this zone as it has a natural circle and lends it self toward pedestrian use. This area is intended to provide a buffer between residential units giving each owner a sense of rural living. Proposed Improvements: Proposed engineering improvements include the development of roads, sidewalks, storm water management facilities, sewer and water connections, high speed internet, and phone and cable lines. Architectural improvements include building designs which are • fashionable yet cohesive in nature. Even retail and commercial structures are proposed to blend well in such close proximity to neighborhoods thus enhancing the live and work environment. Architectural limits on building materials and applications also contribute to the cohesive diversity of the entire development. As is demonstrated in the bungalow style homes, the inclusion of front porches on each residence also connects the neighborhood to a sense of a historic location with all the amenities of modern day living. Landscape improvements include the development of pocket parks with natural flowing sidewalks and functional area for young children through tot-lots. Benches are strategically located to contribute to the restful atmosphere. Garbage bins are carefully located throughout to contribute to the maintenance and use of the park. Manicured lawns and shrub and/or flower beds have also been incorporated and will be used to cover all non-hardscape areas. The linear park improvements include the installation of a basketball court, swing set, picnic tables,trails,pedestrian bridges, garbage bins and dog scoop dispensers—(see "Site Furnishings" collage in Addendum). Portions of the park intended for active play will have manicured lawns while some areas will be maintained in their natural state. The right of ways throughout the development will also be landscaped to enhance the clean and friendly character of Baxter Meadows. Boulevard plantings have been selected by form and hardiness to provide a neighborhood feel within the development. Plantings will also provide shade and wind breaks as they mature creating a mild microclimate within Baxter Meadows. Boulevard trees will be used at a maximum of 50' on center. Boulevard areas will be of manicured lawn and maintained • 4 in a fashion to enhance the aesthetics of each neighborhood. All public spaces, rights of ways and private lots will be irrigated with an in-ground permanent irrigation system. This system will be supplied by independent wells. Master Plan Recommendations: The maintenance of open spaces including the rights of ways and dedicated park lands will be the responsibility of the Baxter Meadows and Neighborhood Center Homeowners Associations. Proposed maintenance responsibilities are described in the table below. Also reference to landscape maintenance practices is detailed in the covenants. Excerpts from those covenants are included starting on page 6. DEDICATED PARK LANDS Maintenance Item Service and Cost Provider Baxter Meadows and Neighborhood Manicured Lawn Care- mowing and fertilizing Center Home Owners Assoc. Baxter Meadows and Neighborhood Irrigation maintenance and repair Center Home Owners Assoc. Irrigation well maintenance, repair and elect. Baxter Meadows and Neighborhood Service Center Home Owners Assoc. Baxter Meadows and Neighborhood Weed Control Center Home Owners Assoc. Baxter Meadows and Neighborhood Snow Removal Center Home Owners Assoc. Baxter Meadows and Neighborhood Play Equipment Center Home Owners Assoc. Baxter Meadows and Neighborhood Park Furniture Center Home Owners Assoc. Baxter Meadows and Neighborhood Special Features Center Home Owners Assoc. Baxter Meadows and Neighborhood Litter Control Center Home Owners Assoc. Baxter Meadows and Neighborhood Insurance Center Home Owners Assoc. OPEN SPACES Maintenance Item Service Provider Baxter Meadows and Neighborhood Manicured Lawn Care- mowing and fertilizing Center Home Owners Assoc. Baxter Meadows and Neighborhood Irrigation maintenance and repair Center Home Owners Assoc. Irrigation well maintenance, repair and elect. Baxter Meadows and Neighborhood Service Center Home Owners Assoc. Baxter Meadows and Neighborhood Weed Control Center Home Owners Assoc. Baxter Meadows and Neighborhood Snow Removal Center Home Owners Assoc. Baxter Meadows and Neighborhood i Play Equipment Center Home Owners Assoc. • 5 Baxter Meadows and Neighborhood Park Furniture Center Home Owners Assoc. Baxter Meadows and Neighborhood Special Features Center Home Owners Assoc. Baxter Meadows and Neighborhood Litter Control Center Home Owners Assoc. EXCERPT FROM COVENANTS VII. NEIGHBORHOOD CENTER ASSOCIATION MAINTENANCE PLAN A. INTENT The intent of this section is for Baxter Meadows Neighborhood Center Owners' Association to establish a maintenance plan for the Common Areas within the subdivision in accordance with Section 16.14.130 of the Bozeman Municipal Code, as the date of this Agreement. The purpose of the management plan shall be to provide for the long term maintenance, reconstruction and replacement of all surfaces located in the Common Areas in the subdivision. These Common Areas include: Public Linear Park (bordering Vaquero Parkway), Private Trail Corridor 1 (located in the 15' utility easement traveling north/south between Blocks 16, 18 & 20), Private Trail Corridor 2 (located in the 15' utility easement traveling north/south between Blocks 19 & 21), Lot 2 Block 16, Lot 3 Block 17, Lot 8 Block 17, Lot 9 Block 18, Lot 7 Block 19, Lot 8, Block 19, Lot 3 Block 20, and Lot 3 Block 21 of Phase 2 as shown in the Final Plat. B. ASSOCIATION RESPONSIBILITY • The Baxter Meadows Neighborhood Center Association is responsible for permanent care and maintenance of all common areas and subdivision streets within Baxter Meadows. These responsibilities include maintenance of vegetation, playground areas, playground equipment, sidewalks, common open space, center areas, public parking facilities, paths and trails, boulevards and medians, alleys, all storm water facilities and recreational areas and all liability insurance and applicable taxes. The Baxter Meadows Neighborhood Center Association is responsible for maintenance of the Common Areas listed above and the storm water detention basins, storm water facilities, the stream/ditch in the Public Linear Park as well as the sidewalks adjacent to each of these areas. The Baxter Meadows Neighborhood Center Association is also responsible for costs of irrigation including the cost of water and irrigation system maintenance. The property owners dependent on the sewage lift station shall be responsible for financing the costs of its operation and maintenance, which will be the responsibility of the City. The Declarant shall agree in writing to a surcharge to cover the costs of operating and maintaining the lift station. At such time as the Baxter Meadows Neighborhood Center Association takes ownership and control of all Common Areas, the Baxter Meadows Neighborhood Center Association shall cover operation and maintenance costs of lift station. 6 0 0 C. MAINTENANCE BUDGET • On an annual basis, the Baxter Meadows Neighborhood Center Association will prepare or cause to be prepared an annual budget for the Maintenance Expenses. The budget shall be sent to all of the owners of property in Baxter Meadows Neighborhood Center as part of the Baxter Meadows Neighborhood Center Association's Annual Assessments. The Baxter Meadows Neighborhood Center Association shall use its diligent, good-faith efforts to operate and maintain the Common Areas in accordance with the budget. Notwithstanding the foregoing, the Baxter Meadows Neighborhood Center Association shall have the right to make emergency repairs to the Common Areas to prevent injury or damage to persons or property, it being understood that the Baxter Meadows Neighborhood Center Association shall nevertheless advise all property owners of such emergency condition as soon as reasonably possible, including the corrective measures taken and the costs thereof. Each property owner shall have the right to audit the Baxter Meadows Neighborhood Center Association's books and records pertaining to the operation and maintenance of the Common Areas for the calendar year covered by such reconciliation(s). A property owner shall notify the Baxter Meadows Neighborhood Center Association of such party's intent to audit at least sixty (60) days prior to the designated audit date. Copies of all audits shall be provided to the Baxter Meadows Neighborhood Center Association. The cost of the audit shall be assumed by the auditing party unless such party shall be entitled to a refund in excess of five (5) percent of the amount calculated by the Baxter Meadows Neighborhood Center Association as such party's share for the applicable calendar year, in which case the Baxter Meadows Neighborhood Center Association or its successor shall pay the reasonable costs of the audit. D. MAINTENANCE EXPENSES The Baxter Meadows Neighborhood Center Association shall assume and perform maintenance operations with respect to the Common Areas and all incurred costs shall be classified as "Maintenance Expenses". These Maintenance Expenses are deemed a benefit to all of the owners of property in Baxter Meadows Neighborhood Center and the cost of providing such services shall be prorated among the owners of the property in Baxter Meadows Neighborhood Center on a lot square footage basis. In lieu of a profit, administrative and overhead costs, the Baxter Meadows Neighborhood Center Association shall be permitted to charge a ten percent (10%) administrative fee on the Maintenance Expenses, exclusive of insurance premiums and real estate taxes. These expenses shall include but not be limited to: real estate taxes, liability insurance, assessments, lighting, landscaping, and signage. 1. If any of the Baxter Meadows Neighborhood Center Association's personnel perform services, functions, or tasks in connection with the maintenance of the Common Areas then the cost of such personnel shall be included in the Maintenance Expenses and shall be equitably allocated . according to the time spent performing such duties. 2. The Baxter Meadows Neighborhood Center Association shall pay any and all taxes and assessments levied against the Common Areas. The taxes and 7 0 0 assessments paid by the Baxter Meadows Neighborhood Center Association shall be considered Maintenance Expenses to be reimbursed by the property owners on a prorate basis as provided herein. • 3. The Baxter Meadows Neighborhood Center Association may purchase liability insurance to insure the Baxter Meadows Neighborhood Center Association any personnel, and the Baxter Meadows Neighborhood Center Association in connection with the Common areas. The costs of such insurance shall be a Common Areas Expense and shall be prorated among the property owners as provided herein. 4. The Baxter Meadows Neighborhood Center Association shall pay the costs of the sewage lift station's operation and maintenance, which will be the responsibility of the City of Bozeman. The costs paid by the Baxter Meadows Neighborhood Center Association shall be considered Maintenance Expenses and be reimbursed by the property owners on a prorated basis for those Owners dependant on the sewage lift station. E. LANDSCAPING MAINTENANCE The Baxter Meadows Neighborhood Center Association shall provide maintenance of all Common Areas comparable to the standard of maintenance followed in other first-class developments of comparable size within the Bozeman, Montana area. All community spaces within Baxter Meadows Neighborhood Center shall be built and maintained to meet or exceed the subject City-defined standards. All community spaces shall be built and maintained in order to implement and achieve the purposes set forth in this Declaration. • The Baxter Meadows Neighborhood Center Association shall provide maintenance of the Common Area. The Baxter Meadows Neighborhood Center Association may employ one or several maintenance contractors to provide such services, to the full extent required herein, by the Baxter Meadows Neighborhood Center Association. The use of a maintenance contract does not release the Baxter Meadows Neighborhood Center Association of any duties or obligations listed herein. Specific maintenance activities and standards are presented below, however, other maintenance activities not specified shall be provided as required. 1. Mowing and General Maintenance The maintenance contractor shall mow and trim grass within and along the boulevards adjacent to the linear park, Gallatin Green, the storm water detention basins, and the pocket parks. Mowing and trimming shall be provided as needed during the active growing season. During each visit, the Baxter Meadows Neighborhood Center Association shall also ensure that the inlets and outlets to the storm water detention basins are unobstructed, shall remove any trash from the parks and open spaces, and remove any clippings and debris caused by maintenance. • 8 2. Trees and Shrubs • The maintenance contractor shall provide maintenance to the trees and shrubs within the parks, open space and boulevards including pruning, watering and fertilizing as needed. Shrubs along the edges of the parks located in Baxter Meadows shall be pruned annually to maintain a maximum height less than 4 feet. The shrubs within the parks will be primarily irrigated by the sprinkler system. The trees within the parks, open space and boulevards will be irrigated by an automatic irrigation system. The typical irrigation requirement for these trees will be 6 inches of water per tree every two weeks from the middle of June to the middle of September. During periods of unusually dry weather, an additional 2 inches of water per tree shall be provided. During periods of adequate precipitation less frequent or intense irrigation will be acceptable. Trees along boulevards and in Common Areas located in Baxter Meadows shall be pruned annually to maintain shape and spread. Remove dead or injured branches. 3. Sprinkler System Maintenance The maintenance contractor or a sprinkler system contractor shall provide maintenance to the automated sprinkler system. At a minimum, the contractor will test and inspect the system in the spring to ensure all lines and sprinkler heads are functioning properly and the contractor will blow the water out the systems in the fall. The contractor will provide additional maintenance as required. 4. Wood Chip Mulch Maintenance The maintenance contractor shall maintain the wood chips within the shrub beds. The wood chips will be raked level during each mowing event. The contractor will also be responsible to ensure that a minimum chip depth of 3 inches is maintained within the protective areas. 5. Raking/Fall Maintenance The maintenance contractor shall rake and remove leaves from the parks and open space in the fall. Other materials including fallen branches and trash accumulated in the shrubs shall also be removed. 6. Noxious Weeds Noxious weeds shall be controlled on all common areas by the Baxter Meadows Neighborhood Center Association. • 9 7. Manholes All manholes shall be maintained as to be accessible to the City's large • flusher truck at all times. F. SNOW REMOVAL The Baxter Meadows Neighborhood Center Association shall retain a snow removal contractor to shovel and/or plow snow from all Baxter Meadows Neighborhood Center streets and alleys, and from the sidewalks adjacent to Common Areas. The snow removal contractor will also ensure that the inlets and outlets to the storm water detention basins are unobstructed. G. DIRECTIONAL SIGNS AND MARKERS The Baxter Meadows Neighborhood Center Association shall arrange for maintaining, cleaning, and replacing any appropriate directional signs, stop signs, or markers in the Common Areas and driveways as appropriate. H. LIGHTING The Baxter Meadows Neighborhood Center Association shall maintain, clean and replace lighting facilities (to the extent the same exist), including light standards, wires, conduits, lamps, ballasts and lenses, time clocks and circuit breakers located in the Common Areas. Lighting located upon the property of any Owner of Baxter Meadows Neighborhood Center and/or any lights that are metered to any property Owner shall not • be considered a Common Area improvement and the maintenance and replacement of such light standards and the cost of illumination shall be the obligation of each party upon whose lots such lighting is located. I. FIRE LINES Maintaining the fire lines to fire hydrants which service Baxter Meadows Neighborhood Center and paying all fire line charges to the City of Bozeman related to the fire hydrants shall be the responsibility of the Baxter Meadows Neighborhood Center Association. The costs of maintaining the fire lines shall be assessed only to those lots that are directly serviced by the fire lines. Nothing herein shall relieve the City from any responsibility that it may have to provide water service and maintenance to buildings. J. DEBRIS AND REFUSE The Baxter Meadows Neighborhood Center Association shall provide periodic removal of papers, debris, filth, refuse, ice, and snow to the extent necessary to keep the Common Areas in a first-class clean and orderly condition; provided, however, that trash and/or garbage removal from a property owner's building shall not be considered a Common Areas Maintenance Expense since such removal obligation is the responsibility of each property owner as lined out herein. 10 0 • K. STREAMMITCH MAINTENANCE • The stream/ditch through the linear park shall be maintained to ensure the flow of water is not inhibited. The maintenance contractor shall be responsible for maintenance during the period of May through October. The snow removal contractor shall be responsible for maintenance November through April. Trash and debris including fallen branches, leaves, and excessive vegetative growth shall be removed and disposed of outside of Baxter Meadows. The inlets and outlets of culverts shall be cleared of all debris. Mowing will not be required on a regular basis, but only as appropriate for first class upkeep of the area. L. PLAYGROUND EQUIPMENT INSPECTION The Baxter Meadows Neighborhood Center Association shall have all playground equipment inspected annually and have an inspection report submitted to the City of Bozeman Parks and Recreation Department. The Baxter Meadows Neighborhood Center Association shall hire an independent contractor or contract with the City of Bozeman to perform the inspections. M. ANIMAL CONTROL Domestic pets shall not be allowed at any time in the Common Areas or paths unless on a leash. Temporary fencing around shrubs and trees to prevent animal depredation shall be permitted for the period of time necessary to ensure survival of the plantings. Rodents may be controlled if levels of predation threaten the survival of plantings or constitute a health hazard. If poisons are used, they shall be applied only in accordance with applicable State laws. Pesticides may be used to control insect populations that are a nuisance, threaten the survival of plantings or constitute a health hazard. Pesticides may be applied only in accordance with applicable State laws. N. PRIVATE STREETS The Baxter Meadows Neighborhood Center Association is responsible for maintenance of all subdivision streets within Baxter Meadows Neighborhood Center including cleaning, striping, repairs and snow removal. All manholes shall be maintained as to be accessible to the City's large flusher truck at all times. Phasing: Phase 1 Plat completed March 2003 Phase 2 Summer 2004 Phase 3-6 2004 - 2009 Costs: Costs will vary greatly per phase. 11 0 . 0 SAMPLE POCKET PARKS • LLLLLLLLL LLLLL LLLLLLLLL TILL LLLLLLLL - LLL LLLLLLL LL LLLLLL LL 6E�o 41 1 LLLLL LL LLL LL LLL LL LLI LLL LL LL LL LL LL e LL LLL LL LLL LL LL LLL LL LLLLLL LL L A�z LLL QQQ p LL LL LL LL LLL O qqqq,�O p,qo S� LL �tltl��� tltltl�� II li II II II O LLL O O LLl qqqT qq LLL LL \ LLL LL 1 LLL LL LL LLL LLL LL L L =JE LL L LL L LL \ L L LL LL O\ L L LL \ L L LL LL L L L L LL L L LL L L L L LL — L L LLL \ L.L _LL L LLLLLL LLLLLL L l LLILIIL LLLL LLLLLLLL LLLLL LLLLLLLLL LL LL LLLLLLLLIL 12 0 1� ° Of� I •,! I�j�s .�G,—O�il�� '�el.�✓ �� 711 � �• ! a �:: '....r._�c=-:�"..'�''=`'_�_=-.�tc� NMI �^�—^is rl�►`_�Z�'',� MNIa�I■^.',.a:000�=:ovo:`,"�.-�::� i:eoc:=•eo•:r �.nc+�f���•a.:�i����►`"�ia�,+. •.:1 :!�1:m: ■ at IN N iimm s1z\►IrAdn7� YAP}'•:...7x1::..•:e::::...:._::e: Mm M. : s : Yr::rw■�r.��.rn �— :.. _ '1�.•u Phase 1 & 2 — Master Plan Addendum Summary Update Baxter Meadows is maturing as the completion of infrastructure continues. This Park Master Plan was approved for Phases 1 & 2 of the original Concept Master Plan which anticipated 6 Phases. The construction progressing through Phase 1, and moving ahead into Phase 2, has remained true to the original concept and design running through these phases. As might be expected with a project of this magnitude market forces, outside input and recommendations, as well as changes to the current development ordinance can impact the original design intent. However, since Phase 1 and a large portion of Phase 2 are primarily residential, and due to the high demand for housing, these improvements continue to be installed according to the original plan. Due to the nature of the tighter densities of this new urban design, with bungalow homes wrapping the neighborhood pocket parks, tree lined boulevards and a linear park that abuts multi-family lots, the completion of the residential construction is a driving force in establishing the schedule for installation of many of the park features. It is simply not possible due to the damage that occurs, to install a lot of the amenities until construction traffic subsides in these areas. As such, building in the tighter density areas is completed in a progression that allows irrigation, hardscapes and vegetation to follow `close on the heels'. • Simply put, the production line concept proceeds through these denser areas with "green"only being installed once housing construction has moved on. Another contributing factor is how the installation and maintenance of the boulevards, yards and parks is accomplished. Baxter Meadows desired for the entire development to maintain a well manicured appearance. This is accomplished by the Owners Association taking responsibility of the maintenance of not only the common areas (parks, boulevards, etc.) but also the front yards of the tighter density homes. There is a daily regiment with association controlled clocks controlling the irrigation of the neighborhood and weekly mowing, edging and site clean up that keeps this neighborhood looking sharp! (See example photos under Tab 4) At the time of this addendum Phase 1 has reached a stage where these improvements continue to be installed. To date the south pocket park in the bungalow area is a well used amenity since being completed in the summer of 2004. With the perimeter construction now complete the north pocket park is currently under construction. With site grading complete and landscape materials being installed, completion is immanent. Finally, the phase one linear park is in preconstruction review with the city and under contract for completion in the summer of 2005. It is evident that the design intent for the pocket park is being realized as it is routinely utilized for individual family relaxation as well as being the host now for two neighborhood potluck functions. The neighborhood remains excited for further completion of additional area park amenities. Below is a table of the Final Plat approval dates which dictate to completion schedule for the designed park facilities. Per requirement, all improvements are being contracted and/or installed by the. developer and have a four year time limit for completion. The following table reflects this and when improvements are being completed. Phase Approval Date 4 yr—Re 'd Install Date Installation Date 1 —South Pocket Park March 2003 March 2007 Aug2004 1 — North Pocket Park March 2003 March 2007 Aug2005— in progress 1 —Linear Park March 2003 March 2007 Aug2005—in progress 1 —Converted Open Space B March 2003 March 2007 2A— Linear Park July 2004 July 2008 2B—Linear Park Pending—Aug2005 2C— Pocket Park Pending—Aug2005 2D—Trail Corridor Pending—Aug2005 Included with this addendum are items as listed below: • A selection of pictures of installed improvements. • Cut Sheets of the site furnishings currently purchased for and partially installed in • Phase 1 and proposed for installation in Phase 2. • Drawings of the original concept master plan design as well as a revised Concept that shows how the design has refined through various external forces (It is important to note, however, that the design of the major park feature described as part of this Phase 1 & 2 Master Plan have not changed and are following the original plan). • Also included is an updated drawing of the defined concept showing the construction expectations for the regional county park and YMCA to the south of Baxter. Although it is not part of the Master Plan it is a crucial element conceived by the developer and facilitated through the sale of the property to the county and brings varied benefits to the development as a whole, as well as the other surrounding area neighborhoods. • Design Plans for the individual phases. • As-built drawings of the installed infrastructure (irrigation, landscaping, wells logs, etc.). • Excerpt from the new "Baxter Meadows Master Community". The master will act as the overriding governing document for the various Property Owners Associations of which the development is made up. This document describes design, construction and maintenance detail described in the Neighborhood Center Association covenants excerpt in the Original Master Plan, but is included for reference as it will be approved and recorded as a result of the final platting of the next two sub-phases included under Phase 2. • • By way of reference, please see the following table of currently recorded Owners associations for Baxter Meadows with their appropriate Gallatin County File No. PHASE `FILE NO. DATE RECORDED Phase 1 — Residential 2163416 p s 1-11 — 1-13 15 Sept. 2004 Phase 2A—Mixed Use 2157843 p s 1-21 — 1-27 07 July 2004 i j l 5 _ _ �_ �. lea. � ■��� - I'' '— — — — — — — — — — — P ' /({`.-.�wrlry.•�: '� Z,,. i �.,tj�-.a .k.Y..w.-! _r"x''rr�."`g.�.'"'� . i {, ,. r9l,��,M. �; � � Imo• G ` I000911. nil 40" ���ty� I �r 1 1� G rykn �7a� ��- - '■rAm miSr � '�I J 1 1 • • I Jef INS INS IN a■ s111111l■ _ !� �IIIIIII 1�111 �� —----i------+�-----it--- ��.. ,� �.� %�/s .:ii r.�_.. i•,��ii ii� _- -- - �� i' � 111111 IIIIIIIII\ � ;� . . • • • • . • • . . `, �111111 IIIIIIIIIII ■ s� 1 1 . .. i � ' � 1 � �.. . .. 1 ` . 11111 11�11111111 ■ �� : . ' ` � �\IIIIIII ■ { \III 1I I �I�1111111�■-- "' ���: 1 ' 1 ' PROPERTYCOK �� I0 . � 0,. loss A m ON ;0 01,10 ■III - T- I 11■ION � ■ ��;� �G I - ■ ■■ ■III 1�:, 1 - � •V � � � � fPHASE 2b million in ra ME MEN 111111 UNION m URN :rr.'r•uNR.p i.�iiiiiviiiiiii�.iii i.®i��,r i iii ii i io ssi- w o ooioiiiei .i� tltJ_ D 0 0 U,_ 0 0 0 I®®©�it®� �� 1 • • 1 • • • - , /, . t t , I 1 • 115 LVJ • 1 1 1 1 a • ARTICLES OF INCORPORATION FOR THE BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION • i • ARTICLES OF INCORPORATION • FOR THE BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION (A Nonprofit Corporation ) The undersigned hereby signs and acknowledges, for delivery to the Secretary of State of Montana, these Articles of Incorporation for the purpose of forming a nonprofit corporation pursuant to Montana law. ARTICLE 1. NAME The name of this corporation is the Baxter Meadows Master Community Association("Community Association"). ARTICLE 2. DURATION The duration of the Community Association shall be perpetual. ARTICLE 3. • DEFINITIONS The definitions set forth in the Community Declaration for Baxter Meadows Master Community (the "Community Declaration") shall apply to all capitalized terms set forth herein, unless otherwise defined herein. ARTICLE 4. NONPROFIT The Community Association shall be a nonprofit corporation, without shares of stock. ARTICLE 5. PURPOSES AND POWERS OF COMMUNITY ASSOCIATION Section 5.1 Purposes. The purposes for which the Community Association is formed are as follows: (a) To be and constitute the Community Association to which reference is made in the Community Declaration, as recorded or to be recorded, in the records of the Clerk and Recorder of Gallatin County, Montana. The Community Declaration relates to the real estate in Gallatin County, Montana, which may be annexed and made subject to • Page 1 of 6 • all or portions of the Community Declaration (the "Project Area"). Any real estate which is, in fact, annexed and made subject to all or part of the Community Declaration is referenced as "Real Property". (b) To operate and manage the Master Planned Community created by the Community Declaration and to operate and manage the Real Property and Common Elements included within the Community, situated in Gallatin County, Montana, subject to the Community Declaration, Bylaws, and such rules and regulations as the Board of Directors may, from time to time, adopt, for the purposes of enhancing and preserving the value of the Real Property and Common Elements for the benefit of the members. (c) To perform all acts and services and exercise all powers and duties in accordance with the requirements for a master association of owners charged with the administration of the Real Property and Common Elements under Montana law and as set forth in the Community Declaration or any amendment to the Community Declaration. (d) To act for and on behalf of the Members of the Community Association in all matters deemed necessary and proper for the protection, maintenance and improvement of the lands and improvements owned by the Members and this Community Association and to act for and on behalf of the Real Property and Common Elements, including without limitation, representing the Community Association before any governmental body having jurisdiction over the Community Association or services • provided to or from the Community Association. (e) To promote the health, safety and welfare of all Members of the Association and of the Community and to provide and maintain a desirable community and environment for all Owners, tenants, guests and members of the public within the Community. (f) To do any and all permitted acts suitable or incidental to any of the foregoing purposes and objects to the fullest extent permitted by law, and do any and all acts that, in the opinion of the Board will promote the common benefit and enjoyment of the occupants, residents and Owners of the Community, and to have and to exercise any and all powers, the Community Declaration, the Bylaws and the laws applicable to a nonprofit corporation of the State of Montana. Section 5.2 Purposes and Powers. The foregoing statements of purpose shall be construed as a statement of both purposes and powers. The purposes and powers stated in each clause shall not be limited or restricted by reference to or inference from the terms or provisions of any other clause, but shall be broadly construed as independent purposes and powers. The Community Association shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the primary purposes of the Community Association. • Pape 2 of 6 Section 5.3 Restrictions Upon Purposes and Powers/Campaigns. The • Community Association shall not participate or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Section 5.4 Dividends, Distribution, etc. The Community Association shall not pay any dividends. No distribution of the corporate assets to Members (as such) shall be made. Upon dissolution of the Community Association, the assets shall be distributed as provided in these Articles of Incorporation. ARTICLE 6. DELEGATES, MEMBERSHIP RIGHTS AND QUALIFICATIONS Voting Members of the Community Association shall be established as Real Property is made subject to the Community Declaration, and as provided in the Community Declaration. Any person who holds title to Real Property or a Unit in the Planned Community shall be a Member of the Community Association. Voting rights and other rights of the Members are vested in Delegates, as provided for in the Community Declaration, the Bylaws and as allowed for under Montana law. Members, as that term is used in Montana nonprofit law shall be the Delegates, as applicable, elected as provided in the Community Declaration and Bylaws. Wherever in Montana law, reference is made to Members (as, for example, in statutory provisions requiring an annual meeting of members, permitting removal of directors by members or relating to • voting on amendments to these Articles of Incorporation) the Members referred to shall be such Delegates. wThe Members may be of such classes of membership as established by the Community Declaration, as the Declaration may be amended or supplemented. ARTICLE 7. REGISTERED AGENT The current principal office of the Community Association is The initial registered agent of the Community Association is , at the registered address of . The principal office and the registered agent and office of the Community Association may change from time to time, by action of the Board of Directors. ARTICLE 8. BOARD OF DIRECTORS/EXECUTIVE BOARD The business and affairs of the Community Association shall be conducted, managed and controlled by a Board of Directors (Executive Board). The initial Executive Board shall consist of not less than three (3)persons, the specific number to be Page 3 of 6 • set forth in the Bylaws of the Community Association. The duties, qualifications, number and term of the members of the Executive Board and the manner of their election, appointment and removal shall be as set forth in the Bylaws. The Executive Board shall exercise the powers granted to the Community Association, except those expressly reserved to the Members or Delegates, and the Executive Board shall also administer the affairs of the Community Association in accordance with the provisions of these Articles, the Bylaws, the Community Declaration and laws relating to and governing nonprofit corporations of Montana. The Declarant of the Community shall have additional rights and qualifications as provided under Montana law and the Community Declaration, including the right to appoint members of the Executive Board during the period of Declarant control. The Declarant or the Owners may establish such classes of membership of the Owners and of the Executive Board so as to reasonably allow for representation of the various communities included within the Community. With such classifications, the Owners within a class may then elect only specified members of their class to the Executive Board. This Article of these Articles of Incorporation may be amended only in accordance with Montana law, and shall not be amended in any manner that would modify any Special Declarant Rights as defined in the Community Association Documents without Declarant's prior written consent. • ARTICLE 9. AMENDMENT Amendment of these Articles shall require the assent of at least two-thirds (2/3) of the votes cast by the Delegates of the Community Association at a meeting of the Delegates at which a quorum is present, in person or by proxy;provided, however, that no amendment to these Articles of Incorporation shall be contrary to or inconsistent with the provisions of the Community Declaration, and provisions within these Articles of Incorporation requiring the consent of the Declarant for certain amendments must be complied with. Amendments may also be made pursuant to the assent of at least two- thirds (2/3) of a quorum of the Delegates voting by mail. ARTICLE 10. ADDITIONS TO AND DELETIONS FROM THE REAL ESTATE Additions to and deletions from the Real Property of the Community allowed for in the Community Declaration may be made only in accordance with Montana law and the Community Declaration. • Pape 4 of 6 ARTICLE 11. • DISSOLUTION In the event of the dissolution of the Community Association as a corporation, either voluntarily or involuntarily by the members hereof, by operation of law or otherwise, then the assets of the Community Association shall be deemed to be owned by the members at the date of dissolution, as a part of their Real Property, in proportion to their allocated interests, unless otherwise agreed or provided by law, except that in the event of dissolution by the Secretary of State of Montana (for failure to file administrative or other documents with the Montana Secretary of State), the Community Association may be reinstated as allowed by law, in which event, assets of the Community Association shall remain assets of the Community Association. ARTICLE 12. INTERPRETATION Express reference is hereby made to the terms and provisions of the Community Declaration, which shall be referred to when necessary to interpret, construe or clarify the provisions of these Articles. In the event of conflict, the terms of the Community Declaration shall control over these Articles of Incorporation. ARTICLE 13. • INCORPORATOR The name and address of the incorporator is as follows: Jerry C.M. Orten ORTEN & HINDMAN, P.C. 11901 West 48"' Avenue Wheat Ridge, Colorado 80033 • Pane 5 ui G • s • IN WITNESS WHEREOF, the undersigned has signed these Articles of Incorporation this day of , 20_. Jerry C. M. Orten State of Montana ) ss. County of ) Subscribed and sworn to before me this_day of , 20_, by Witness my hand and official seal. Notary Public My commission expires: • CONSENT OF REGISTERED AGENT The undersigned hereby consents to the appointment as registered agent for the Community Association. Authorized Agent State of ) ss. County of } Subscribed and sworn to before me this_day of , 20_, by , as authorized agent of Witness my hand and official seal. Notary Public Residing at • My commission expires: Page 6 of 6 COMMUNITY DECLARATION FOR BAXTER MEADOWS MASTER COMNfCTNITY 0 ! COMMUNITY DECLARATION • FOR BAXTER MEADOWS MASTER COMMUNITY , THIS COMMUNITY DECLARATION FOR BAXTER MEADOWS MASTER COMMUNITY, ("Community Declaration")is made on the date hereinafter set forth by Baxter Meadows West,LLC, a Montana limited liability company, with an address of 3985 Valley Commons Drive, Bozeman, MT 59718 ("Declarant"). RECITALS A. Declarant expects to and may become the owner of portions of certain real estate in Bozeman(the"City") and/or in the County of Gallatin, State of Montana, which is generally shown by the illustration contained in Exhibit A attached hereto and by reference made a part hereof(the "Project Area"). B. As Declarant becomes the owner of portions of the Project Area, or afterwards, Declarant anticipates that those portions may be made subject to this Community Declaration, and thereafter be part of the "Real Property" as that term is used in this Community Declaration and as described in Exhibit B of this Community Declaration, as Exhibit B may be amended and supplemented from time to time. C. Declarant may also add, with the consent of the owners or any applicable owner's • association, the properties described in Exhibit C to this Community Declaration. D. Declarant desires to create a Master Planned Community on the Real Property under the initial name of `Baxter Meadows Master Planned Community,' in which portions of the Real Property will be designated for separate ownership, with allowed diverse mixed uses, including residential uses, office uses, retail uses, light industrial and related uses, commercial uses, employment uses, education uses and public and private open space uses. E. Declarant, by this Community Declaration, desires: (i) to allow for and encourage the purposes of the development, including residential uses, office uses, retail uses, light industrial and related uses, commercial uses, employment uses, education uses and public and private open space uses; (ii) to allow for and encourage diversity of residential housing and mixed uses within the Community; (iii) to further promote the welfare of the community and its residents, occupants, tenants and guests; (iv) to provide for the maintenance, repair, improvement and replacement of • the Common Elements and to provide services as set forth in this Community Declaration and various budgets of the Community Association; 1 • 0 • (v) to provide for the implementation of the powers and duties of the Board as set forth in this Community Declaration and the other Governing Documents of the Community; and (vi) to implement the purposes of the Community Association as provided for in this Community Declaration and as provided for in any of the other Governing Documents of the Community. G. Declarant desires to provide for the development of the Project Area to achieve these stated general purposes, and to allow the Community to undertake and continue these stated purposes as integral and fundamental aspects of the Community. H. Declarant has caused the "Baxter Meadows Master Community Association," a Montana nonprofit corporation, to be incorporated under the laws of the State of Montana, as a master owners' association, for the purpose of exercising the functions set forth in this Community Declaration. Now, therefore, Declarant declares as follows: ARTICLE 1 SUBMISSION/DEFINED TERMS • Section 1.1 Submission of Real Property to the Community Declaration. The Declarant hereby submits the property described in Exhibit B, and such additional property as may be subsequently added (the "Real Property"). Section 1.2 Purpose and Intent. Declarant declares that this Community Declaration is made for the purposes set forth in the recitals of this Community Declaration. Declarant intends that this Community Declaration establish a general plan for the development of the Community. This Community Declaration is intended to and provides a flexible and reasonable procedure for the future expansion of the Community and provides for its overall development, administration, maintenance and preservation. An integral part of the development plan is the creation and operation of the Community Association to own, operate and maintain various Common Elements and community improvements, and to administer and enforce this Community Declaration and the other Governing Documents referenced in this Community Declaration. Section 1.3 Binding Effect. Declarant hereby declares that all of the Real Property shall be held, sold, and conveyed subject to the easements, restrictions, covenants and conditions of this Community Declaration except such portions of the Real Property as are a part of or are subsequently dedicated as right-of-way, public street, road or highway or dedicated as and used as a public park. Portions of Real Property once subject to this Community Declaration that become exempt upon dedication as a right-of-way, public street, road or highway, or dedicated • as and used as a public park, shall, upon vacation of all or any part of the dedication, then again be subject to this Community Declaration, to the extent of such vacation. Declarant declares that this Community Declaration shall run with the Real Property and shall be binding on all parties 2 having any right, title or interest in the Real Property or any part thereof, their heirs, legal • representatives, successors, and assigns and shall inure to the benefit of each Owner thereof. Section 1.4 Name and Tyne. The type of Community is a Master, Planned Community. The Community is a `large' community and is also a `master' community. The Community may be located both in the City and/or in Gallatin County, State of Montana. The name of the Community is `Baxter Meadows Master Community. Section 1.5 Governing Documents. The Community's Governing Documents consist of the following, as they may be amended: (a) Articles; (b)Bylaws; (c) Community Declaration; (d) plats, maps (as those terms are defined in this Community Declaration) and deeds, as appropriate; (e) Supplemental Declarations; (f)Rules and Regulations; and (g) Board Resolutions. Portions of the Real Property within the Community may be subject to additional covenants, restrictions and easements, which a Sub Association may administer. In such case, if there is a conflict between or among the Governing Documents and any such additional covenants or restrictions, or the governing documents or policies of any such Sub Association, the Governing Documents shall control. Nothing in this Section shall preclude any Supplemental Declaration or other recorded covenants applicable to any portion of the Community from containing additional restrictions or provisions which are more restrictive than the provisions of this Community Declaration and, in • such case, the more restrictive shall control. Section 1.6 Defined Terms. Each capitalized term in this Community Declaration or in the plats or maps shall have the meaning specified unless otherwise defined in this Community Declaration or in a plat or map, or unless the context requires otherwise, all as set forth below: 1. "Allocated Interests" shall mean the applicable Assessment liability and also the votes in the Community Association allocated in this Community Declaration, as allowed for in the Act. 2. "Articles" shall mean the Articles of Incorporation for the Baxter Meadows Community Association, Inc., as may be amended from time to time. 3. "Assessment(s)" shall mean a Community Wide Services Assessment, a Residential Services and/or Recreational Assessment, the Assessment, the Commercial Services Assessment, the Working Fund and any other assessment as allowed or provided for by this Community Declaration or the Act. 4. "Board" or"Executive Board" shall mean the body designated in this Community Declaration to act on behalf of the Community Association. 5. "Builder" shall mean a home builder, general contractor or other party, which may also be an Owner, other than the Declarant, who acquires one or more Units without • Improvements of a home, office building or commercial building constructed thereon for the purpose of constructing the initial Improvements upon the Unit or for the purpose of reselling or renting to a third party or third parties, or who purchases one or more parcels 3 of land in the Community for further subdivision, development, and/or resale in the ordinary course of its business. 6. "Bylaws" shall mean the Bylaws adopted by the Community Association, as may be amended from time to time. 7. "City" means City of Bozeman, Montana. 8. "Commercial Services Assessment(s)" shall mean an Assessment for expenditures made or liabilities incurred by or on behalf of the Community Association for any special or unique services offered to, requested by a Commercial Unit Owner or group of Commercial Unit Owners, or as otherwise made available by the Community Association, including operational expenses, maintenance, repair, replacement and improvement, together with an allocation for reserves, and including late charges, attorney fees, fines, collection costs, and interest charged by the Community Association. 9. "Commercial Units" shall mean and include each separately owned Unit that may be used for commercial purposes. 10. "Common Land and Facilities" shall mean the Real Property within this Community owned by or leased by the Community Association, including easements, if any, other than a Unit, which Real Property may be designated in recorded plats, maps and/or deeds. 11'. "Community" means the Master Planned Community created by this Community • Declaration. 12. "Community Association" or"Association" shall mean the Baxter Meadows Master Community Association, Inc., a Montana nonprofit corporation. 13. "Community Declaration" shall mean this Community Declaration for Baxter Meadows Master Community, as amended and supplemented from time to time. 14. "Community Manager" shall mean any one (1) or more persons or companies engaged or employed by the Community Association to perform any of the duties, powers or functions of the Community Association. 15. "Community Wide Services Assessment(s)" shall mean an assessment for common expenses, incurred by or on behalf of the Community Association for the annual costs of operating the Community Association, together with an allocation for reserves, and including the late charges, attorney fees, fines, collection costs and interest charged by the Community Association. 16. "Declarant" shall mean the Declarant named in this Community Declaration, and any successor and/or assignee designated by written notice or assignment executed by the then Declarant and executed by the transferee and recorded to the extent any rights or powers reserved to Declarant are transferred or assigned to that party. 17. "Delegate" shall mean the natural persons selected by Members within a Delegate District to represent a Delegate District and to cast votes on behalf of Members within a • Delegate District as provided in this Community Declaration. 18. "Delegate District" shall mean a geographical area which may constitute any portion or portions of the Real Property and from which all Members in that geographic area shall 4 �r s elect a single Delegate to represent their collective voting power. Parts of a Delegate District need not be contiguous. 19. "Design Review Board" (DRB) shall be the committee appointed by the Declarant, as allowed for in this Declation, subject to the terms of this Declaration. 20. "Development Rights" or"Special Declarant Rights" shall mean those rights set forth in this Community Declaration and those rights set forth in the Act. 21. "Dwelling Unit" shall mean and include any portion of the Improvements on a Unit improved to allow separate occupancy for primarily residential use. 22. "Governing Documents" shall mean those documents listed in the applicable section of this Community Declaration, as they may be amended from time to time. 23. "Improvement(s)" shall mean structures or improvements of any kind installed upon a Unit. 24. "Limited Common Elements" shall mean those portions of the Common Elements, if any, designated by Declarant for the exclusive use of one (1) or more but fewer than all of the Units. 25. "Maintenance Fund" shall mean the account into which the Board shall deposit monies paid to the Community Association from the Working Fund and any portions of the Community Wide Services Assessment as determined by the Board. 26. "Member" shall mean the person, or if more than one, all persons collectively, who • constitute the Owner of a Unit, as more fully provided for in the Articles and Bylaws. 27. "Membership" shall mean the rights and obligations associated with being a Member. 28. "Sub Association' shall mean any unit owners' association organized and established or authorized pursuant to this Community Declaration and a Supplemental Declaration, the membership of which is composed of Owners of Units within that portion of the Real Property covered by a Supplemental Declaration 29. "Sub Association Assessment(s)"shall mean an Assessment for expenditures made or liabilities incurred by or on behalf of Sub Association, as provided for in this Community Declaration, and also as an option in lieu of a separate assessment by a Sub Association, including late charges, attorney fees, fines, collection fees and interest charged by the Community Association. 30. "Sub Association Service Assessment(s)" shall mean expenditures made or liabilities incurred by or on behalf of the Community Association for services only to a particular sub association of the Community, such as for a or a Limited Common Element, together with an allocation for reserves, and including late charges, attorney fees, fines , collection fees and interest charged by the Community Association. 31. "Period of Declarant Control" shall mean the period of time commencing on the date of recordation of this Community Declaration and expiring on the earlier of twenty (20) years thereafter, or sixty (60) days after conveyance or creation of seventy-five percent • (75%) of the Units that may be created by Owners other than Declarant, or six (6) years after the last conveyance of a Unit by the Declarant in the ordinary course of business; provided, however, that if the Period of Declarant Control has not terminated pursuant to the foregoing provisions, the Period of Declarant Control shall in any case terminate on 5 • the date upon which all property in the Project Area has become a part of the Community and the last Unit within the Community has been conveyed by the Declarant. Should it choose to do so, Declarant may relinquish declarant control sooner than required under this provision and such relinquishment shall be in writing. 32. "Project Area"shall initially mean all of the real estate generally described, shown and depicted by the illustration contained in Exhibit A attached hereto. The Project Area shall also include any additional lands as may later become subject to Declarant's rights of annexation, as allowed for in this Community Declaration. 33. "Real Property" (or"real estate") shall mean the property described in Exhibit B, and such additional property as subsequently may be added, pursuant to the expansion rights reserved in this Community Declaration, together with all easements,rights, and appurtenances thereto and the buildings and Improvements erected or to be erected thereon. Easements and licenses to which the Common Interest Community is initially subject to are to be set forth, as applicable, in Exhibit B. 34. "Recreational Facilities" shall mean one (1) or more recreational improvements on a portion or portions of the Common Elements, which, if limited to use by less than all Members, shall be deemed a Limited Common Element. 35. "Residential Services and/or Recreational Assessment(s)" shall mean an Assessment for expenditures made or liabilities incurred by or on behalf of the Community • Association for operating, maintaining, repairing, replacing and improving Recreational Facilities,,;, together with an allocation for reserves, and including late charges, attorney fees, collection fees, fines and interest charged by the Community Association. 36. "Residential Units" shall mean and include any Unit or lot primarily intended or zoned for residential uses, including, Units where any residential condominium units have the right to be created or have been created; Units where apartments have the right to be created or have been created; and Units where a single family home or other property for individual occupancy has the right to be created or has been created. 37. "Rules and Regulations" means all rules, regulations, procedures and any Renovation and Remodeling Criteria, as the same may be adopted and amended from time to time by the Board, pursuant to this Community Declaration. 38. "Special Residential Services Assessment(s)" shall mean an Assessment for expenditures made or liabilities incurred by or on behalf of the Community Association for any special or unique services offered to, or requested by a Unit Owner or otherwise made available by the Community Association, including operational expenses, maintenance, repair, replacement and improvement, together with an allocation for reserves, and including late charges, attorney fees, collection fees, fines and interest charged by the Community Association. 39. "Supplemental Declaration" shall mean a written recorded instrument containing covenants, conditions, restrictions, reservations, easements or equitable servitudes, or any combination thereof, which affects any portion, but not all, of the Real Property, which • has been approved, in writing, by the Declarant, or if this approval right is assigned by Declarant, then is approved by Declarant's assignee. 40. "Unit" shall mean a physical portion of the Community, designated for separate ownership, shown as a condominium unit, or lot or described as a separate parcel or 6 separately deeded; or assessment or voting equivalent, as appropriate and applicable in • the context. 41. "Unit Owner" or"Owner"shall mean any person or entity that owns a Unit. 42. "Units That May Be Created" shall mean the grand total of eight thousand (8,000) Units, consisting of up to: (i) three (3,000) individually owned Residential Units; (ii) one thousand (1,000) unit equivalents (for Residential Units used as a part of residential building or buildings devoted to apartments or multifamily rental use), on the basis of one (1) unit equivalent for every five (5) Dwelling Units, with the maximum number of rental Dwelling Units of five thousand (5,000) divided by 5 = 1,000; (iii) three thousand(3,000)unit equivalents, based on use for commercial, industrial, office or for public or private recreation use, on the basis of one (1) unit equivalent for every 2,000 square foot increment of the maximum allowed square footage of twelve million (6,000,000) divided by 2,000 square feet= 3,000; (iv) one thousand (1,000)for Units or unit equivalents, allocated to any one of the above uses or to other uses. The grand total, above provided, shall be the maximum number of Units that may • be subject to this Community Declaration if all of the Project Area becomes a part of the Community. The aforesaid number of Units That May Be Created is not, however, a representation or guaranty by Declarant as to the actual number of Units that will ultimately be included in or constructed as part of the Community. 42. "Working Fund" shall mean an Assessment for capitalization of the Community Association, as allowed for in this Community Declaration. ARTICLE 2 THE COMMUNITY ASSOCIATION OPERATIONS Section 2.1 General Purposes and Powers of the Community Association. (a) The Community Association, acting through the Board, shall: (i) perform functions and manage the Community as provided for in the Governing Documents, to meet the purposes of this Community Declaration, and • (ii) manage any other sub associations as may subsequently be created within the Community, as and if provided for in the Supplemental Declaration for that sub association, all as allowed for in this Community Declaration. 7 • (b) The Community Association shall also have all power necessary or desirable to effectuate its purposes as an owners' association as provided for in this Community Declaration. Section 2.2 Deemed Assent,Ratification and Approval. All Owners, occupants and residents in the Community shall be deemed to have assented to, ratified and approved the general purposes of this Community Declaration and the power, authority, management responsibility and designation of the Community Association, acting through the Board as allowed for in this Community Declaration. Section 2.3 Duty of the Board to Exercise Judgment and be Reasonable/Rights Owners. In furtherance of the purposes of this Community Declaration, the Owners shall have the right and benefit of the administration of the Community by the Board, with the Board required to exercise judgment and reasonableness on behalf of the Community Association and Owners. Section 2.4 Community Manager. The Board may, by written resolution, delegate • authority to a Community Manager, provided no delegation shall relieve the Board of final responsibility. Section 2.5 Election of the Board of the Community Association. The Board shall be elected by Delegates representing Delegate Districts within the Community, provided, however, that the Declarant shall have the sole right to appoint all or certain of the members of the Board as allowed for in this Community Declaration. Delegates shall be elected by Owners within each Delegate District, acting in their capacity as Members of the Community Association. Section 2.6 Declarant's Right to Appoint During Period of Declarant Control. (a) During the Period of Declarant Control, the Declarant's appointment rights are subject to the following: (i) From and after the date of recordation of this Community Declaration until the date that is sixty (60) days after the date of conveyance by Declarant or creation by Declarant and others of twenty-five percent (25%) of the Units that May Be Created are conveyed to Owners other than Declarant, or are created, Declarant may appoint and remove all members of the Board. • ii From and after the date which is sixty (60) days after the date of O Y conveyance by Declarant or creation by Declarant and others of twenty-five percent (25%) of the Units That May Be Created are conveyed to Owners other 8 than Declarant, or are created, until the date that is sixty (60) days after the date • of conveyance by Declarant or creation by Declarant and others of fifty percent (50%) of the Units That May Be Created are conveyed to Owners other than Declarant, or are created, the Owners other than Declarant(acting through their Delegates) shall have the right to elect a number of the members of the Board equal to the greater of one (1) or twenty-five percent (25%) (rounded to the nearest whole number) of the total number of the members of the Board, and the Declarant may continue to appoint and remove all other members of the Board. (iii) From and after the date which is sixty (60) days after the date of conveyance by Declarant or creation by Declarant and others of fifty percent (50%) of the Units That May Be Created are conveyed to Owners other than Declarant until the date of termination of the Period of Declarant Control, the Owners other than the Declarant (acting through their Delegates) shall have the right to elect a number of the members of the Board equal to one (1) or thirty- three percent (33%) (rounded to the nearest whole number) of the total number of members of the Board, and the Declarant may continue to appoint and remove all other members of the Board. From and after termination of the Period of Declarant Control, the Owners (acting through their Delegates), including Declarant (if Declarant is then an Owner), shall elect a Board of at least three (3) members, at least a majority of whom must be Owners other than Declarant or designated representatives of Owners other than Declarant. • (b) The Declarant may voluntarily surrender any or all of the foregoing rights to appoint and remove officers and members of the Board before termination of the Period of Declarant Control. In that event, the Declarant may require, for the duration of the Period of Declarant Control, that specified actions of the Board, as described in a recorded instrument executed by the Declarant,be approved by the Declarant before they become effective. Section 2.7 Duty to Provide Audit. The Community Association shall provide for an annual independent audit or financial review of the accounts of the Community Association. Copies of the audit or review shall be made available to any Owner, on request, for a reasonable fee for the cost of copying the audit. Section 2.8 Operating Fund. The Board shall establish a fund (the "Operating" Fund") into which shall be deposited monies for maintenance, repair, replacement and improvement of the Common Elements. Section 2.9 Establishment of Other Funds. The Community Association may • establish other funds as and when needed and nothing herein shall limit, preclude or impair the authority of the Community Association to establish other funds for specified purposes authorized by this Community Declaration. If the Community Association establishes any 9 0 0 • additional funds, the Board shall designate an appropriate title for the fund to distinguish it from the other funds maintained by the Community Association. Section 2.10 Authority for Disbursements. The Board shall have the authority to make or to authorize an agent to make disbursements of any monies in the Maintenance Fund or other funds that may be established pursuant to this Community Declaration. Section 2.11 Power to Provide Special or Community Services. The Community Association shall have the power to provide services or offer community events to one (1) or more, but less than all, Owners. Any such service or services may also be provided pursuant to an agreement in writing, or through one or more Supplemental Declarations. Any such Supplemental Declaration or agreement may provide for payment to the Community Association by such Owner or Owners of the costs and expenses that the Community Association incurs in providing such services, including a fair share of the overhead expenses of the Community Association. In addition, any such Supplemental Declaration or agreement shall contain provisions assuring that the obligation to pay for such services shall be binding upon any heirs, personal representatives, successors and assigns of the Owner, and that the payment for such services shall be secured by a lien on the Unit of such Owners and may be collected in the same manner as an Assessment, or, if the written agreement so provides, in installments as part of the • Community Wide Services Assessment. Section 2.12 Power to Operate and Charge for Facilities and Services. The Community Association shall have the power to acquire, create, own and operate any and all such facilities and services as it deems appropriate, and to establish charges for the use of facilities and services. The charges may include admission,rental or other fees and charges for any use of property, facilities or services of the Community Association. Such charges or fees shall be as determined from time to time by the Board. Section 2.13 Bulk Service Agreements. The Community Association shall have the power and authority to enter into bulk service agreements for such terms and rates as it deems appropriate in order to provide the Owners with any of the following services: cable television, community satellite television, electronic entertainment, information or communication services, or any other service the Community Association believes to be in the best interests of the Owners. If such a bulk service agreement is executed, the costs shall be allocated as a part of the Community Wide Services Assessment. Section 2.14 Right to Notice and Comment. Under circumstances as set forth in this Community Declaration, where the Community Declaration require that an action be taken after `Notice and Comment,' and at any other time the Board determines, the Owners have the right to • receive notice of the proposed action and the right to comment orally or in writing. 10 Section 2.15 Indemnification. To the full extent permitted by law, each officer and • director of the Community Association shall be and is hereby indemnified by the Community Association against all expenses and liabilities, including attorney fees, reasonably incurred by or imposed upon such officer or director in any proceeding to which he or she may be a party, or in which he or she may become involved,by reason of being or having been an officer or director of the Community Association, or any settlements thereof, whether or not he or she is an officer or director of the Community Association at the time such expenses are incurred. This indemnification shall not apply in cases where an officer or director is adjudged guilty of willful misfeasance or malfeasance in the performance of his or her duties. In the event of a settlement, the indemnification provided for in this Community Declaration shall apply only when the Board approves such settlement and reimbursement as being in the best interests of the Community Association. Section 2.16 Education and Training. As a Common Expense, the Community Association may provide education and training opportunities, including providing funding and permitting facilities use for such purposes. The Community Association may provide education and training activities as a tool for fostering Owner, resident and occupant awareness of governance, operations and concerns of the Community and of the Community Association. Appropriate educational topics include dispute or conflict resolution, issues involving the Governing Documents, and education or topics benefitting or contributing to operation or governance of the Community. The Community Association shall also fund, as a Common Expense, and support the education and training required for officers and directors. • ARTICLE 3 MEMBERSHIP, DELEGATE DISTRICTS,VOTING AND ASSESSMENT ALLOCATIONS Section 3.1 Membership. Every person who is a record Owner of a fee interest in any Unit which is subject to this Community Declaration shall be a Member of the Community Association. There shall be one (1)Membership in the Community Association for each Unit within the Community. The person or persons who constitute the Owner shall automatically be the holder of the Membership appurtenant to the Owner's Unit, and the Membership shall automatically pass with fee simple title to the Unit. Membership shall be appurtenant to and may not be separated from ownership of any Unit. Ownership of a Unit shall be the sole qualification for Membership. Where more than one (1) person holds an interest in any Unit, all those persons shall be Members. No Owner, whether one (1) or more persons, shall have more than one (1) Membership per Unit owned, but all persons owning each Unit shall be entitled to • rights of Membership and use of enjoyment appurtenant to ownership. The Articles of Incorporation and Bylaws of the Community Association may set forth classifications of Membership. 11 • Section 3.2 Establishment of and Modification of Delegate Districts. The Community shall be divided into Delegate Districts based on Sub Associations created or as otherwise determined by Declarant, and each Delegate District shall elect one (1) Delegate to the Community Association to exercise voting power of all of the Members in a Delegate District. The initial Delegate District(s) is/are established in this Community Declaration. Subsequent Delegate Districts shall be established by Supplemental Declarations. So long as it has the right to subject additional property to this Community Declaration, Declarant may unilaterally amend this Community Declaration or any Supplemental Declaration to re-designate Delegate District boundaries. However, two (2) or more existing Districts shall not be combined without the consent of Owners of a majority of the Units in the affected Districts. Section 3.3 Voting Rights of Members. (a) Generally. Each Member shall: (i) have the right to cast votes for the election of the Delegate to the Community Association (to exercise the voting power of the Delegate sDistrict in which the Member's Unit is located); and (ii) . have such other voting rights as provided for in this Community Declaration. Except as expressly provided in this Section and in this Community Declaration, no other voting rights are created by this Community Declaration. (b) Delegates. The Delegate from the Delegate District shall be elected by Members holding a majority of the voting power in a Delegate District present or in person or by proxy at a duly constituted meeting of a Delegate District. (c) Bylaws. Unless otherwise addressed in this Community Declaration or the Articles of Incorporation, the Bylaws shall provide the manner, time, place, conduct and voting procedures for Member meetings for the purpose of electing a Delegate or other purposes in any Delegate District. (d) No Fractionalized Voting. Vote(s) allocated to any Unit must be cast as a block and without dividing or fractionalizing such vote or votes. (e) Declarant Control. During the Period of Declarant Control, the Declarant shall have the right to appoint members of the Board as allowed by this Community Declaration and as allowed for by the Act. Section 3.4 Voting Allocations. (a) Residential Use-Individually owned Units. If a Unit is used for single family, • duplex, triplex, townhouse, or other multifamily residential dwellings and the. Unit is individually owned, the vote attributable to a Unit shall be one (1) vote for each Dwelling Unit. 12 (b) Residential Use - Apartments and Rentals. If a Unit is used as a part of • residential building or buildings devoted to apartments or multifamily rental use, the vote attributable to such Unit shall be one (1) vote for every five (5)Dwelling Units. (c) Commercial, Office and Other Uses. If a Unit is used for commercial, retail, light industrial, office or for public or private recreation use, regardless of the size of the Unit, the vote attributable to such Unit shall be one (1) vote for each 2,000 square foot increment of floor area within the building(s) or Improvements on that Unit. The calculation of floor area of a building or of the Improvements shall be the gross floor area of all floor(s) of the building(s) measured from the exterior of the structure, including any basement area, but excluding floor areas not comprising a full 2,000 square feet increment, shall not receive a proration or fractional vote. The Board may require as built plans to be filed with the Community Association and may promulgate written standards for fairly and uniformly calculating the floor area for purposes of this Section. (d) Allocations Prior to Use and Other Units or Other Uses. For all Units not allocated votes above, based on use, including any Unit comprised entirely of vacant land, regardless of zoning classification or anticipated use, the vote attributable to such Unit shall be one (1) vote per Unit. Section 3.5 Proxies Of Members. Votes allocated to a Unit may be cast pursuant to a proxy duly executed by an Owner. If a Unit is owned by more than one (1) person, any one (1) co-Owner of the Unit may vote the vote of that • Unit or register a protest to the casting of the vote of that Unit by the other co-Owners of the Unit through a duly executed proxy. An Owner may not revoke a proxy given pursuant to this Section except by actual notice of revocation to the person presiding over a meeting of the Community Association. Owners within Sub Associations or any designated subareas or parcels may, and are encouraged to, appoint a single Delegate or entity to hold and exercise proxies for all such Owners. Section 3.6 Voting Rights of Delegates. Each Delegate shall have one (1) vote for each vote that could be cast by Members voting to elect a Delegate for such Delegate District. A Delegate may cast votes with respect to a Unit within such Delegate District only during such periods as the Owner of such Unit is entitled to cast votes for the election of a Delegate as provided in this Community Declaration or in any Supplemental Declaration as applicable. Section 3.7 Manner of Voting by Delegates. Each Delegate may cast the votes that he or she represents in such manner as the Delegate, in his or her sole discretion, deems appropriate, acting on behalf of all the Members owning Units in the Delegate District; provided, however, that in the event that at least a majority in interest of the Owners in any Delegate District present in person or by proxy at a duly constituted meeting of such • Delegate District shall determine at such meeting to instruct their Delegate as to the manner in which he or she is to vote on any issue, then the Delegate representing such Delegate District shall cast all of the voting power in such Delegate District in the same 13 Sproportion, as nearly as possible without counting fractional votes, as the Owners of such Delegate District shall have cast their votes "for" or"against" such issue in person or by proxy. A Delegate shall have the authority, in his or her sole discretion, to call a special meeting of the Members of the Delegate's Delegate District in the manner provided in the Bylaws, for the purpose of obtaining instructions as to the manner in which to vote on any issue to be voted on by the Delegates. When a Delegate is voting without the instruction from the Members represented by such Delegate, then all of the votes may be cast as a block or unit, or the Delegate may apportion some of such votes in favor of a given proposition and some of such votes in opposition to such proposition. It will be presumed for all purposes of Community Association business that any Delegate casting votes will have acted with the authority and consent of all the Members of the Delegate District of such Delegate. All agreements and determinations lawfully made by the Community Association in accordance with the voting procedures established herein, and in the Bylaws, shall be binding on all Members, and their successors and assigns. Section 3.8 Delegates as Advisory Committee. The Delegates may act as an advisory committee to the Board and may give the Board advice (which shall not be binding on the Board), as follows or on the following matters: (a) Special events and community programs; (b) Community Wide Services Assessments and the services funded through the Community Wide Services Assessment; (c) By Delegate Districts involved with any of the following; provided, however that as to each of the following, the Board may require that only those Delegates with Districts that are subject to any one of these Assessments may be involved in an advisory capacity to the Board: (i) Residential Services and/or Recreational Assessments; (ii) Sub Association Assessments; (iii) Special Residential Services Assessments; (iv) Commercial Services Assessments; (v) Sub Association Assessments of the Community Association; (d) Other operations or aspects of the Community as requested by the Board, and (e) Other operations or aspects of the Community as requested by a majority of Delegates and approved by the Board. Section 3.9 Assessment Allocations. Assessments are allocated as follows: • (a) Community Wide Services Assessments. Community Wide Services Assessment allocations are based on the percentage number obtained by dividing the vote or votes allocated to a Unit by the total number of votes allocated to all Units within the Community, as votes are allocated as specified in this Community Declaration. 14 (b) Residential Services and/or Recreational Assessments. Residential Services and/or Recreational Expenses shall be allocated to all Residential Units, based on an equal assessment on each Dwelling Unit, except as may otherwise be provided for in this Community Declaration or in a Supplemental Declaration or an amendment to this Community Declaration. (c) Sub Associations Assessments. Sub Associations Assessments shall be allocated and assessed based on an equal assessment on each Dwelling Unit for Residential Units, or voting allocation as to Commercial Units, as appropriate, if applicable, against only those Units that are subject to that Sub Association Assessment, whether by virtue of the terms of this Community Declaration, by virtue of a recorded Supplemental Declaration or by virtue of an amendment to this Community Declaration. (d) Special Residential Services Assessments. Special Residential Services Assessments shall be allocated and assessed based on an equal assessment on each Dwelling Unit for either all Residential Units or those Residential Units to be assessed. (e) Commercial Services Assessments. Commercial Services Assessments shall be allocated and assessed based on an equal assessment on each Commercial Unit, by vote, or for a group of Commercial votes, as allowed for in the Section enabling this particular assessment. (f) Sub Associations. The liability for Community Wide Services Assessments and/or Residential Services and/or Recreational Assessments attributable to all Units in a Sub Association may be assessed against the Sub Association, if any; or in the absence of an operating Sub Association for Units included in the Community, then to the Owner. Sub Associations shall allocate the Community Wide Services Assessments and/or Residential Services and/or Recreational Assessments and assess the Units in the Sub Association pursuant to the allocations set forth in the Sub Association's Declaration, the Sub Association's Articles of Incorporation, the Sub Association's Bylaws or other governing documents. (g) Working Fund Assessments. Working Fund Assessments shall be allocated as provided in this Community Declaration. (h) Other Assessments. Other Assessments provided for in' this Community Declaration shall be allocated as provided for in this Community Declaration. Section 3.10 Re-Allocations. When Units are added to or withdrawn from the Community, pursuant to the provisions of this Community Declaration and the Act, the formulas set forth above shall be used to reallocate the Allocated Interests. • 15 • ARTICLE 4 UNIT DESCRIPTIONS/COMMON ELEMENTS/EASEMENTS Section 4.1 Identification of Unit Descriptions. The identification of each Unit is to be shown on an applicable plat, maps or deed for properties included in the Community. Every contract for sale, deed, lease, Security Interest, will or other legal instrument may legally describe a Unit by any identifying number established by a plat or map, with reference to the plat or map, and the Community Declaration, followed by the name of the Community. Reference to the Community Declaration, plat or map in any instrument shall be deemed to include any supplement(s) or amendment(s) to the Community Declaration, map or plat, without specific references thereto. Section 4.2 Common Elements. The Declarant is not obligated to construct any particular type or kind or area of Common Elements. The Declarant may construct Common Elements for office or other use by the Community Association, for recreational use by all or some portion of the Owners (provided those with a right to use shall have an obligation to fund the ongoing maintenance, repair, replacement and improvement of any recreational facilities limited to use by less than all Owners and provided that if rights to use are limited to less than all • Owners, that Common Element shall then be a Limited Common Element) and such other facilities as Declarant may determine. Section 4.3 Duty to Accept Common Elements and Facilities Transferred by Declarant. The Community Association shall accept any Common Elements or property, including any Improvements thereon, and personal property transferred to the Community Association by Declarant and equipment related thereto, together with the responsibility to perform any and all functions associated therewith, provided that such property and functions are not inconsistent with the terms of this Community Declaration. Any property or interest in property transferred to the Community Association by Declarant shall, except to the extent otherwise specifically approved by resolution of the Board, be transferred to the Community Association free and clear of all liens (other than the lien of property taxes and Assessments not then due and payable), but shall be subject to the terms of this Community Declaration and any Supplemental Declaration applicable thereto. The improvements on the Common Elements may be changed from time to time by the Board. Portions of the Common Elements may be designated by Declarant as a part of a Unit or as a Limited Common Element to a Unit. Portions of Units not yet conveyed by Declarant to a third party owner may become Common Elements or Limited Common Elements, pursuant to rights reserved elsewhere in this Community Declaration. • 16 Section 4.4 Utility, Map and Plat Easements. Easements for utilities and other • purposes over and across the Units and Common Elements may be as shown upon a recorded plat, map or separate document and as may be established pursuant to the provisions of this Community Declaration, or granted by authority reserved in any recorded document. Section 4.5 Owners'Easements of Enjoyment. Every Owner shall have a right and easement for access to his or her Unit and of enjoyment in and to any Common Elements and such easement shall be appurtenant to and shall pass with the title to every Unit, subject to the following provisions: (a) this Community Declaration and the other Governing Documents; (b) any restriction contained in any deeds of Common Elements to the Community Association; (c) the right of the Community Association to regulate use and enjoyment; (d) the right of the Community Association to promulgate and publish Rules and • Regulations, subject to limitations included in this Community Declaration, which Owners shall strictly comply with; (e) the right of the Community Association to suspend rights to use recreational facilities for any period during which any Residential Services and/or Recreational Assessment against such Owner's Unit remains unpaid; (f) the right of the Board to impose reasonable membership requirements and charge reasonable membership admission or other fees for the use of any recreational facility situated upon the Common Elements and the right of the Board to permit use of any recreational facilities situated on the Common Elements by persons other than Owners, their families, lessees and guests upon payment of use fees established by the Board; (g) the right of the Community Association to allow public use of Common Elements or recreational amenities, with or without a fee or charge; (h) the right, power and authority of the Community Association to grant any dedication, transfer or conveyance or grant of any similar interest affecting the Common • Elements, to the extent permitted by the Act; 17 0 • (i) the right of the Community Association to close or limit the use of the Common Elements while maintaining, repairing and making replacements in the Common Elements or as determined by the Board; 0) the Development and Special Declarant Rights of the Declarant reserved in this Community Declaration; and (k) the rights of Builders reserved in this Community Declaration. Section 4.6 Rights Regarding Recreational Facilities. Regardless of any general rights to use and enjoyment (a) only Owners of a Residential Unit or the tenant, lessee or occupant of a Dwelling Unit in a Residential Unit used as an apartment or for multi-family rental use, shall have a right to use any Recreational Facilities, unless otherwise provided in a Supplemental Declaration; (b) these Owners, tenants, lessees and occupants of Residential Units shall only have a right to use Recreational Facilities after they have occupied their Units. Section 4.7 Delegation of Use. Any Owner may delegate their right of enjoyment to • the Common Elements and facilities to the members of such Owner's family or their guests, or contract purchasers who reside at such Owner's Unit or at the Dwelling Units that are a part of that Unit and shall be deemed to have delegated that authority to the Owner's tenants. Section 4.8 Liability of Owners for Damage. Each Owner shall be liable to the Community Association for any damage to Common Elements or for any expense or liability incurred by the Community Association which may be sustained by reason of negligence or willful misconduct of such Owner or a guest of the Owner, and for any violation by such Owner or guest of this Community Declaration or any Rule or Regulation. The Community Association shall have the power to levy and collect an Assessment against a Member to cover the costs and expenses incurred by the Community Association on account of any such damage or any such violation of this Community Declaration or of the Rules and Regulations, including interest, additional management or administrative fees and attorneys' fees, or for any increase in insurance premiums directly attributable to any such damage or violation. Section 4.9 Power to Grant Easements. The Community Association shall have the power to grant access, utility, drainage, water facility and any other easements in, on, over or under the Common Elements for any lawful purpose, including without limitation, the provision of emergency services, utilities (including, without limitation, water, sanitary sewer, storm sewer, gas and other energy services), telephone, cable television, fiber optic and other telecommunication services, and other uses or services to some or all of the Members. • Section 4.10 Safety and Security. Each Owner and occupant, and their respective guests and invitees, shall be responsible for their own personal safety and the security of their 18 property in the Community. The Association may, but shall not be obligated to, maintain or • support certain activities within the Community designed to enhance the level of safety or security which each person provides for himself or herself and his or her property. Neither the Community Association nor Declarant shall in any way be considered insurers or guarantors of safety or security within the Community, nor shall either be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. Each Owner acknowledges, understands and shall be responsible for informing its tenants and all occupants that the Community Association, its Board and committees, and Declarant are not insurers or guarantors of security or safety and that each person within the Community assumes all risks of personal injury and loss or damage to property, including Units and the contents of Dwelling Units, resulting from acts of third parties. ARTICLE 5 COMMUNITY ASSOCIATION MAINTENANCE RESPONSIBILITIES Section 5.1 Association Responsibility. The Association is responsible for permanent care and maintenance of all common lands, facilities, and subdivision streets within the community. These responsibilities include maintenance of vegetation, playground areas, playground equipment, sidewalks, common open space, center areas, public parking facilities, paths and trails, boulevards and medians, alleys, all storm water facilities and recreational areas • and all liability insurance and applicable taxes. The Association is responsible for maintenance of the Common Areas listed above and the storm water detention basins, storm water facilities, the stream/ditch in the Public Linear Park as well as the sidewalks adjacent to each of these areas. The Association is also responsible for costs of irrigation including the cost of water and irrigation system maintenance. The property owners dependent on the sewage lift station shall be responsible for financing the costs of its operation and maintenance, which will be the responsibility of the City of Bozeman. The Declarant shall agree in writing to a surcharge to cover the costs of operating and maintaining the lift station. At such time as the Association takes ownership and control of all Common Areas, it shall cover its proportionate share of the operation and maintenance costs of lift station. Section 5.2 Flexible Authority of the Board for Community Association Maintenance. The Board shall determine the specifications, scope, extent, nature and parameters of the Community Association's maintenance, repair, replacement and improvement responsibilities. Section 5.3 Generally Designated Areas of Maintenance. The Community Association may be responsible for: (a) Designated landscaping and other flora, sign-age, structures, entry sign-age, and • similar improvements situated upon the Common Elements or in public rights of way or public easement areas. 19 • x (b) Designated recreational facilities, if any, which may include swimming pools and other facilities. (c) The improvement, upkeep and maintenance, repair and reconstruction of landscaped areas in designated parks, parkways, dedicated public right of ways, alleys, or public easements, or for the payment of expenses which may be incurred by virtue of agreement with or requirement of any local governmental authority. (d) Such portions of property included within the Real Property as may be dictated by local government, this Community Declaration or any Supplemental Declaration or in any contract or agreement for maintenance thereof entered into by the Community Association, or as expressly delegated by a Sub Association and accepted by the Community Association. (e) Real property within any portion of the Community, in addition to that designated by any Supplemental Declaration, either by agreement with the Sub Association or because, in the opinion of the Board, the level and quality of service then being provided is not adequate. All costs of maintenance pursuant to this paragraph may be assessed as a Sub Association Assessment of the Community Association or sub-Assessment only against the Units within the Sub Association, or if there is no Sub Association, then to that Unit, to which the services are provided. The provision of services in accordance with this Section shall not constitute discrimination within a class. (f) Any property and facilities owned by the Declarant and made available, on a temporary or permanent basis, for the primary use and enjoyment of the Community Association, such property and facilities to be identified by written notice from the Declarant to the Community Association and to be maintained by the Community Association until,such time as Declarant revokes such privilege of use and enjoyment by written notice to the Community Association. (g) Other property which it does not own, including, without limitation, conservation easements held by nonprofit entities, and other property dedicated to public use, if the Board determines that such maintenance is necessary or desirable. (h) Such other maintenance and repair as set forth below or elsewhere in this Community Declaration. • (i) Common Area and Facility Maintenance Guarantee. In the event the Association or any successor organization established to own and maintain commonly owned open spaces, recreational areas, facilities, private streets, and parking lots, shall at any time fail 20 0 0 to maintain the common areas or facilities in reasonable order and condition in accordance with the approved plan, the City Commission may cause written notice to be served upon such organization or upon the owners of property in the development. The written notice shall set forth the manner in which the common areas or facilities have failed to be maintained in reasonable condition. In addition, the notice shall include the demand that the deficiencies noted be cured within thirty days thereafter and shall state the date and place of a hearing to be held within fourteen days of the notice. At the time of hearing„ 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. 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 year, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use. Before the one year period expires, the Commission shall, upon its own initiative or upon written request of the organization theretofore responsible for maintenance, call a public hearing and give notice of such hearing to the organization responsible for maintenance or the property owners of the development. At the hearing, the organization responsible for maintenance and or the residents of the development 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 shall cease such maintenance at the time established by the City Commission. Otherwise the City shall continue maintenance for the next • succeeding year subject to a similar hearing and determination at the end of each year thereafter. 1. The cost of maintenance by the City shall be a lien against the common facilities of the development and the private properties within the development. The City Commission shall have the right to make assessments against properties in the development on the same basis that the organization responsible for maintenance of the facilities could make such assessments. Any unpaid assessment shall be a lien against the property responsible for the same, enforceable the same as a mortgage against such property. They City may further foreclose its lien on the common facility by certifying the same to the County Treasurer for collection as in the case of collection of general property taxes. 2. Should the property owners association request that the City assume permanent responsibility for maintenance of facilities, all facilities shall 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 shall be the responsibility of the property owners association. They City may create special financing mechanisms so that those properties within the area affected by the property owners association continue to bear the costs of maintenance. • Section 5.4 Additional Services. Any group of Units, acting either through their Delegate or through a Sub Association, if any, may request that the Community Association 21 • provide a higher level of service than that which the Community Association generally provides, or may request that the Community Association provide special services. The cost of such services, which may include a reasonable administrative charge in such amount as the Board deems appropriate (provided, any such administrative charge shall apply at a uniform rate for all Units receiving the same service), shall be assessed against the Units as a part of one of the Assessments, as determined by the Community Association. Section 5.5 Sub Association's Responsibility. The Owners of Units within each Sub Association, if any, may be responsible for paying, through Sub Association Assessments to their Sub Association or through a separate Assessment to the Community Association, the costs of operating, costs of utilities, and costs of maintaining and insuring certain portions of the Real Property within their neighborhood. This may include, without limitation, the costs of maintaining any Sub Association sign-age, entry features, right-of-way and open space between the Sub Association and adjacent public roads and private streets within the Sub Association, regardless of ownership and regardless of the fact that such maintenance may be performed by the Community Association;provided, however, all Sub Associations which are similarly situated shall be treated the same. Any Sub Association having any responsibility for maintenance of property within such Sub Association shall perform such maintenance responsibility in a manner consistent with first class, community-wide standards. If it fails to do so, the Community Association may perform such responsibilities and assess the costs against all • Units within such Sub Association;as a Sub Association Assessment of the Community Association. ARTICLE 6 COVENANT FOR ASSESSMENTS Section 6.1 Creation of Community Association Lien and Personal Obligation to Pay. Each Unit shall be deemed to covenant and agree and each Owner shall be deemed to covenant and agree to pay all Assessments as imposed by the Community Association or as may be imposed by a Sub Association for payment to the Community Association. Any such Sub Association shall allocate the Assessments of the Community Association to the Units in the Sub Association as set forth in this Community Declaration. Assessments provided for in this Community Declaration, including fees, charges, late charges, attorney fees, collection fees, fines and interest charged by the Community Association shall be the personal obligation of the Owner of such Unit at the time when the Assessment or other charges becomes due; provided, however, that where a Sub Association has expressly assumed those obligations pursuant to the governing documents for that Sub Association (as allowed for with the approval of the Declarant, as provided for in this Community Declaration), and in that event, so long as the Sub Association has that obligation, only that Sub Association shall have the personal obligation to pay. Section 6.2 Continuing Lien. The personal obligation to pay any past due sums due the Community Association shall not pass to a buyer from an Owner, unless the sums due are expressly assumed by the buyer. All Assessments and such other Assessments as imposed by the Community Association, including fees, charges, late charges, attorney fees, collection fees, 22 fines and interest charged by the Community Association, shall be a charge on each Unit and • shall be a continuing lien upon the Unit against which each such Assessment or charge is made. Section 6.3 No Exemptions, Offsets or Reductions. No Owner may become exempt from liability for payment of any Assessment to the Community Association by waiver of the use or enjoyment of the Common Elements or by abandonment of the Unit against which the Assessment is made. All Assessments shall be payable in the amounts specified in the levy thereof, and no offsets or reduction thereof shall be permitted for any reason including, without limitation, any claim that the Community Association or the Board or any other entity is not properly exercising its duties and powers under this Community Declaration. Section 6.4 Capitalization of the Association/WorkingFunds. The Association requires that every Owner of each Unit (other than Declarant or a Builder) upon close of escrow or transfer of title make a non-refundable payment to the Association in an amount equal to two months assessments which sums are to be used by the Association as operating capital. The contribution by the Owners of each Unit (other than Declarant or a Builder) shall be collected and transferred to the Association at the time of closing of each sale and the sums collected shall be for the use and benefit of the Association, through the Association's Maintenance Fund. Contribution and payment of each Owner's portion of the working capital to the Association shall not relieve an Owner from making regular payments of any other Assessments as the same become due. Upon the Transfer of a Unit, an Owner may be entitled to a credit from their Buyer • collected at closing. Section 6.5 Transfer Fees. The Association may collect a transfer fee upon the close of escrow or transfer of title. Section 6.6 Assessment Allocations. Each of the Assessments provided for in this Article shall be allocated as provided for under Section 3.9 of this Community Declaration. Section 6.7 Community Wide Services Assessments. The Community Association may levy a Community Wide Services Assessment against Units, effective upon creation of such Unit, allocated as provided for above in this Community Declaration. Until the Community Association levies a Community Wide Services Assessment, the Declarant may, at its election and discretion, subsidize or assist in the payment of costs and expenses of the Community Association; provided that the Declarant shall not have any obligation whatsoever to subsidize or otherwise contribute to a maintenance fund or other contingency reserve to be used to cover future costs and expenses. After any Community Wide Services Assessment has been levied by the Community Association, Community Wide Services Assessments shall be levied no less frequently than annually by the Community Association. Where the obligation to pay a Community Wide Services Assessment first arises after the commencement of the year or other period for which the Community Wide Services Assessment was levied, the Community Wide Services Assessment shall be prorated, as of the date when said obligation first arose, in proportion to the amount of the Assessment year or other period remaining after said date. 23 i 9 • (a) The Budget Process. Once begun, the Community Wide Services Assessment may be levied on an annual basis and must be levied based upon the Community Association's advance budget of the cash requirements for this Assessment. The budget for the Community Wide Services Assessment may be submitted to the Delegates for ratification pursuant to the Act and as set forth in the Bylaws. The budget may be vetoed by votes of Delegates representing a majority of the votes in the Community Association. If not so vetoed, the budget proposed shall be deemed ratified. (b) Due Dates. Community Wide Services Assessments shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Board. Community Wide Services Assessments may begin on the first day of the month in which conveyance of the first Unit to a Unit Owner(other than Declarant or a Builder) occurs. The omission or failure of the Board to levy the Assessment for any period shall not be deemed a waiver, modification or release of the Unit Owners from their obligation to pay. Section 6.7 Residential Services and/or Recreational Assessments. The Community Association may levy a Residential Services and/or Recreational Assessment against Residential Units, effective upon creation of such Unit as provided by this Community Declaration, or upon • the recreational facility initially opening for use allocated as provided for above in this Community Declaration. Until the Community Association levies a Residential Services and/or Recreational Assessment, the Declarant may, at its election and discretion, subsidize or assist in the payment of costs and expenses of the Community Association; provided that the Declarant shall not have any obligation whatsoever to subsidize or otherwise contribute to a maintenance fund or other contingency reserve to be used to cover future costs and expenses. After any Residential Services and/or Recreational Assessment has been levied by the Community Association, Residential Services and/or Recreational Assessments shall be levied no less frequently than annually by the Community Association. Where the obligation to pay a Residential Services and/or Recreational Assessment first arises after the commencement of the year or other period for which the Residential Services and/or Recreational Assessment was levied, that Assessment shall be prorated, as of the date when said obligation first arose, in proportion to the amount of the Assessment year or other period remaining after said date. (a) The Budget Process. Once begun, the Residential Services and/or Recreational Assessment may be levied on an annual basis upon the Community Association's advance budget of the cash requirements for this Assessment. The budget for the Residential Services and/or Recreational Assessments shall be submitted to only those Delegates representing Residential Unit Owners for ratification pursuant as set forth in the Bylaws. The budget may be vetoed by a majority of the votes of only those Delegates representing Residential Unit Owners. If not so vetoed, the budget proposed shall be deemed ratified. • (b) Due Dates. Residential Services and/or Recreational Assessments shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Board. Residential Services and/or Recreational Assessments may begin on the first day of the month in which conveyance of the first Unit to a Unit Owner 24 (other than Declarant or a Builder) occurs. The omission or failure of the Board to levy . the Assessment for any period shall not be deemed a waiver, modification or release of the Unit Owners from their obligation to pay. Section 6.8 Sub Association Assessments. The Community Association may levy a Sub Association Assessment against Units subject to this Assessment, allocated as provided for above in this Community Declaration. After any Sub Association Assessment has been levied by the Community Association, Sub Association Assessments shall be levied no less frequently than annually by the Community Association. Where the obligation to pay a Sub Association Assessment first arises after the commencement of the year or other period for which the Sub Association Assessment was levied, that Assessment shall be prorated, as of the date when said obligation first arose, in proportion to the amount of the Assessment year or other period remaining after said date. (a) The Budget Process. Once begun, the Sub Association Assessment may be levied on an annual basis against Units subject to this Assessment, and must be levied based upon the Community Association's advance budget of the cash requirements for this Assessment. The budget for the Sub Association Assessment shall be submitted only to those Delegates representing Owners with rights to use a Local Common Element, or Limited Common Element, or with such other Sub Association allowed for in this Community Declaration or a Supplemental Declaration, for ratification pursuant as set • forth in the Bylaws. The budget may be vetoed by a majority of the votes of only those Delegates representing Owners with rights to use a Local Common Element, or Limited Common Element, or with such other Sub Association as allowed for in this Community Declaration or a Supplemental Declaration. If not so vetoed, the budget proposed shall be deemed ratified. (b) Due Dates. Neighborhood Service Assessments shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Board. Neighborhood Service Assessments may begin on the first day of the month in which conveyance of the first Unit to a Unit Owner (other than Declarant or a Builder) occurs. The omission or failure of the Board to levy the Assessment for any period shall not be deemed a waiver, modification or release of the Unit Owners from their obligation to pay. Section 6.9 Special Residential Services Assessments. The Community Association may levy a Special Residential Services Assessment against Residential Units, effective upon creation of such Unit as provided by this Community Declaration, for any special or unique services offered to or requested by a Unit Owner or otherwise made available by the Community Association, allocated as provided for above in this Community Declaration. Until the Community Association levies a Special Residential Services Assessment, the Declarant may, at its election and discretion, subsidize or assist in the payment of costs and expenses of the Community Association for any special or unique services offered to or requested by a Unit Owner or otherwise made available by the Community Association; provided that the Declarant shall not have any obligation whatsoever to subsidize or otherwise contribute to a maintenance fund or other contingency reserve to be used to cover future costs and expenses. After any 25 • Special Residential Services Assessment has been levied by the Community Association, Special Residential Services Assessments shall be levied as needed or determined by the Board. Special Residential Services Assessment may be levied on a selective basis by the Community Association, without a requirement for advance budgeting and budget approval, or may be levied as an annual Assessment with advanced budgeting as provided for below. In all events, Special Residential Services Assessments shall be levied as needed or determined by the Board. To the extent this Assessment is levied annually by the Community Association, then the budgeting provisions below shall apply. Where the obligation to pay a Special Residential Services Assessment first arises after the commencement of the year or other period for which the Assessment was levied, that Assessment shall be prorated, as of the date when said obligation first arose, in proportion to the amount of the Assessment year or other period remaining after said date. (a) The Budget Process. If to be imposed on an annual and recurring basis, the Special Residential Services Assessment may be levied annually based upon the Community Association's advance budget of the cash requirements for this Assessment. The budget may be submitted only to those Delegates representing Residential Unit Owners subject to an annual and recurring Special Residential Services Assessment for ratification pursuant as set forth in the Bylaws. The budget may be vetoed by a majority of the votes of only those Delegates representing those Residential Unit Owners. If not so vetoed, the budget proposed shall be deemed ratified. (b) Due Dates. Special Residential Services Assessments shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Board. Section 6.10 Commercial Services Assessments. The Community Association may levy a Commercial Services Assessment against Commercial Units or against Commercial Units by Delegate District, for any special or unique services offered to or requested by a Commercial Unit Owner or group of Commercial Unit Owners, or as otherwise made available by the Community Association, allocated as provided for above in this Community Declaration. After any Commercial Services Assessment has been levied by the Community Association, Commercial Services Assessments shall be levied as needed or determined by the Board, subject to the Delegates ratification, as provided for below. Commercial Services Assessment may be levied on a selective basis by the Community Association, without a requirement for advance budgeting and budget approval, or may be levied as an annual Assessment with advanced budgeting as provided for below. In all events, Commercial Services Assessments shall be levied as needed or determined by the Board. To the extent this Assessment is levied annually by the Community Association, then the budgeting provisions below shall apply. Where the obligation to pay a Commercial Services Assessment first arises after the commencement of the year or other period for which the Assessment was levied, that Assessment shall be prorated, as • of the date when said obligation first arose, in proportion to the amount of the Assessment year or other period remaining after said date. 26 (a) The Budget Process. If to be imposed on an annual and recurring basis, the • Commercial Services Assessment may be levied on an annual basis against all Commercial Units or to just those Commercial Units in any given Delegate District, and in compliance with the Community Association's advance budget of the cash requirements for this Assessment. The budget may be submitted only to those Delegates representing Commercial Unit Owners subject to an annual and recurring Commercial Services Assessment for ratification pursuant . The budget may be vetoed by a majority of the votes of only those Delegates representing those Unit Owners. If not so vetoed, the budget proposed shall be deemed ratified. (b) Due Dates. Commercial Services Assessments shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Board. Section 6.11 Sub Association Assessments of the Community Association. The Community Association may levy a Sub Association Assessment of the Community Association against Units, effective upon creation of such Unit, as provided for in this Community Declaration and also as an option in lieu of a separate assessment by a Sub Association, allocated as provided for in this Community Declaration. After any Sub Association Assessment of the Community Association has been levied by the Community Association in lieu of an Assessment by a Sub Association, that Sub Association Assessment of the Community Association shall be • levied on an annual basis with advanced budgeting as provided for below. Otherwise, any other Sub Association Assessment of the Community Association may be levied as needed or determined by the Board, as allowed for in this Community Declaration, without a requirement for advance budgeting and budget approval. (a) The Budget Process. If to be imposed on an annual and recurring basis, in lieu of an assessment by a Sub Association, a Sub Association Assessment of the Community Association may be levied based upon the Community Association's advance budget of the cash requirements for this Assessment. The budget may be submitted only to those Delegates representing Unit Owners subject to an annual and recurring Sub Association Assessment of the Community Association for ratification pursuant as set forth in the Bylaws. The budget may be vetoed by a majority of the votes of only those Delegates representing those Unit Owners. If not so vetoed, the budget proposed shall be deemed ratified. (b) Due Dates. Sub Association Assessments of the Community Association shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Board. Section 6.12 Other Assessments. The Community Association shall also have the • authority to assess Units, pursuant to and as allocated, under other provisions of this Declaration or as allowed by Court Order or law. 27 • • Section 6.13 Statements of Account. The Community Association shall furnish to an Owner or such Owner's designee (including, without limitation, a prospective purchaser from or lender of such Owner), upon written request, delivered personally or by certified mail, first class, postage prepaid, return receipt, to the Community Association's registered agent, a written statement setting forth the amount of unpaid Assessments currently levied against such Owner's Unit. The statement shall be furnished within fourteen (14) calendar days after receipt of the request and shall be binding on the Community Association, the Board and every Owner. The Community Association shall have the right to charge a reasonable fee for the issuance of such certificates. Section 6.14 Effect of Non-Payment of Assessments. Any Assessment, charge or fee provided for in this Community Declaration, or any monthly or other installment thereof, which is not fully paid within ten (10) days after the due date thereof, as established by the Board, shall bear interest at the rate of interest as may be determined, from time to time, by the Board, and the Community Association may assess a reasonable late charge thereon as determined by the Board. Further, the Community Association may bring an action at law or in equity, or both, against the person(s)personally obligated to pay such overdue Assessments, charges or fees, or monthly or other installments thereof, and may also proceed to foreclose its lien. An action at law or in equity by the Community Association against an Owner to recover a money judgment • for unpaid Assessments, charges or fees, or monthly or other installments thereof, may be commenced and pursued by the Community Association without foreclosing, or in any way waiving, the Community Association's lien therefor. Foreclosure or attempted foreclosure by the Community Association of its lien shall not be deemed to estop or otherwise preclude the Community Association from thereafter again foreclosing or attempting to foreclose its lien for any subsequent Assessment, charges or fees, or monthly or other installments thereof, which are not fully paid when due. The Community Association shall have the power and right to bid on or purchase any Unit at foreclosure or other legal sale, and to acquire and hold, lease, mortgage, vote the Community Association votes appurtenant to ownership thereof, convey or otherwise deal with the same. The rights of the Community Association shall be expressly subordinate to the rights of any holder of a first lien security interest as set forth in its deed of trust or mortgage (including any assignment of rents), to the extent permitted. Section 6.15 Lien Priority. The lien of the Community Association for all Assessments allowed for in this Community Declaration is prior to all other liens and encumbrances on a Unit except: (a) liens and encumbrances recorded before the recordation of the Community Declaration; (b) a first lien security interest on the Unit (except as otherwise expressly provided by state statute for any limited lien priority allowed to the Community Association); and (c) liens for real property taxes and other governmental assessments or charges against the Unit. This Section does not affect the priority of mechanics' or materialmen's liens. The lien of the Community Association under this Article is not subject to the provision of any homestead exemption as allowed under state or federal law. Transfer of any Unit shall not affect the lien for said Assessments or charges except that Transfer of any Unit pursuant to foreclosure of any first • lien security interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the lien of Assessment charges as provided by applicable state law. No such sale,Transfer, foreclosure, or any proceeding in lieu thereof, 28 including deed in lieu of foreclosure, nor cancellation or forfeiture shall relieve any Unit from • continuing liability for any Assessment charges thereafter becoming due, nor from the lien thereof. ARTICLE 7 GENERAL RESTRICTIONS Section 7.1 Purposes, Plan of Development; Applicability; Effect. Declarant has created the Community as a mixed use, Master Planned Community, in furtherance of its and every other Owner's collective interests. The Real Property is subject to land development constraints and requirements, Rules and Regulations and provisions of this Community Declaration governing land use, individual conduct, and uses of or actions upon the Real Property as provided in this Community Declaration. This Community Declaration establishes affirmative and negative covenants, easements, and restrictions. Section 7.2 Changes in Circumstances Anticipated. Declarant has promulgated a general plan of development for the purposes stated in the recitals of this Community Declaration; provided, however, that in all cases and events such general plan for development shall be subject to the Community Association's ability to respond to changes in circumstances, conditions, needs, and desires within the Community, except as expressly provided for in this Community Declaration. • Section 7.3 Owner Acknowledgment. Each Owner is subject to this Community Declaration and the covenants and restrictions contained in this Community Declaration. By acceptance of a deed, or other instrument establishing title or ownership, each Owner acknowledges that such Owner has been given notice of this Community Declaration; that use of a Unit is limited by the provisions of the Governing Documents; that the Board may, from time to time, adopt and amend definitions of words, phrases and terms used in this Community Declaration and other Governing Documents; that the use, enjoyment and marketability of the Units can be affected by this Community Declaration; and that the restrictions and Rules and Regulations may change from time to time; provided, however, no action by the Board may invalidate a specific provision of this Community Declaration. Section 7.4 Use Covenants and Restrictions Based on Zoning. Units within the Community shall be used for purposes as allowed by zoning, planned unit development or other local governmental determination. Use of Residential Units for primary residential use shall not be unreasonably regulated or governed by the Community Association. Use of Commercial Units for primary commercial uses shall not be unreasonably regulated or governed by the Community Association. Section 7.5 Units to be Maintained. Owners of a Unit are responsible for the maintenance, repair and replacement of the properties located within their Unit boundaries except as such maintenance, repair and replacement are expressly the obligation of any applicable Sub Association for that Unit. Each Unit and the Improvements on a Unit, shall, at all • times, be kept in a clean, sightly, and wholesome condition. Section 7.6 Architectural Review by the DRB/Required Approval. 29 • 1. Requirements. No structures, including residences, outbuildings, accessory buildings, tennis courts, swimming pools, antennas (except as otherwise permitted in this Declaration), flag poles, fences, walls, exterior lighting, landscaping, or any other Improvements shall be constructed, erected, relocated, removed or installed on a Unit or on any lot, nor shall any painting, alteration or change to the exterior of the Improvements, the exterior of a residence, to a Unit or to any lot or to any structure or any attachment to the exterior of a residence (including paint, awnings, patios, decks, or shutters)be commenced unless: complete plans and specifications shall have been first submitted to and approved in writing by the Design Review Board ("Committee") as may be outlined in the Rules and Regulations. 2. Applications. The DRB may require that applications of Owners and their plans and specifications show exterior design, height, materials, color, location of the structure or addition to the structure or proposed improvement(plotted horizontally and vertically), location and size of driveways, walls, windbreaks and grading plan, as well as such other materials and information as may be required by the DRB. 3. Acknowledgment of Owners. Owners acknowledge, accept and agree to the following: 4. Owners will not commence construction or installation of an improvement until they have submitted improvement plans and specifications and received written approval from the DRB; 5. Owners shall immediately comply with any request by the Association • for additional information relating to an improvement prior to the DRB's approval of a request and/or prior to the completion of an improvement. Failure to comply with such a request by an Owner shall result in the withdrawal of DRB approval, if previously granted; 6. DRB approval does not constitute approval of the local building or zoning department, drainage design or structural soundness; 7. Owners shall notify the DRB of completion of the improvement's installation or construction within five days of such completion; 8. Upon completion of an improvement, Owners authorize the DRB or its representative(s) to enter onto the Lot for exterior inspection; 9. Failure of an Owner to notify the DRB of completion of an approved improvement, or refusal to allow inspection, shall result in the withdrawal of the DRB's approval; 10. If the improvement as built does not conform to the improvement as approved by the DRB, the DRB's approval will be deemed withdrawn, and upon written request of the DRB, Owners shall, at their own expense and cost, promptly bring the improvement into compliance with the submitted and approved plans and specifications; 11. In the event of withdrawal of DRB approval for any reason(s) cited in this Section, and upon written request from the DRB, the Owner, at his or her expense and cost, shall promptly restore the Lot to substantially the same condition as it existed prior to is commencement of the improvement's installation or construction, and such withdrawal will be deemed to toll the statute of limitations as it pertains to the improvement until such time as the improvement is brought into compliance. 30 0 • 12. Architectural Criteria . The DRB shall exercise its reasonable judgment • to the end that all attachments, improvements, construction, landscaping and alterations to improvements on a Lot or landscaping of a Lot shall comply with the requirements set forth in this Declaration. The approval or consent of the DRB on matters properly coming before it shall not be unreasonably withheld, and actions taken shall not be arbitrary or capricious. Approval shall be based upon, but not limited to, aesthetics, harmonious compliment to the Community and such other factors as the DRB may determine, including conformity with the specifications and purposes generally set out in this Declaration. Upon its review of such plans, specifications and submittals, the DRB may require that the applicant(s) reimburse the Board for actual expense incurred by it in its review and approval process. 13. Establishment of the DRB . The DRB shall consist of a minimum of three members appointed by the Declarant, until Declarant no longer owns any Unit or until December 31, 2030, whichever occurs latest. Then, after the latest occurrence, the Board of Directors of the Association shall appoint the members of the DRB. In the event a DRB is not established, the Board shall perform all duties of the DRB as provided in this Article and the Governing Documents of the Association. Once appointed by the Board of the Association are made, the Board shall have the authority to remove any members of the DRB at their sole discretion. 14. Architectural Guidelines . The DRB may propose architectural guidelines, for the Community as a whole, or for any portions, from time to time, which guidelines may be approved by the Board of Directors (after the expiration of the Declarant's rights to appoint the members of the DRB) and included in or with any Rules and Regulations of the Association. 15. Reply and Communication. The DRB shall reply to all submittals of plans made in accordance herewith in writing within 60 days after receipt. In the event the DRB fails to take any action on submitted plans and specifications within 60 days after the DRB has received the plans and specifications, approval shall be deemed to be granted; provided, however, nothing in this Section shall authorize anyone to construct or maintain any structure or improvement that is otherwise in violation of this Declaration, the Rules and Regulations or any architectural guidelines adopted by the Board. All communications and submittals shall be addressed to the DRB in care of the Association. 16. Conditions of Approval . In the discretion of the Board or the DRB, an Owner may be required to enter into a written agreement establishing the approval of the application in recordable form acknowledged by such Owner on behalf of himself or herself and all successors-in-interest. As a condition of approval for a requested architectural change, modification, addition or alteration, an Owner, on behalf of himself or herself and his or her successors-in-interest, affirms and shall assume, unless otherwise agreed in writing, all responsibilities for maintenance, repair, replacement and insurance to and on such change, modification, addition or alteration. 17. Commencement and Completion of Construction . All improvements approved by the DRB must be commenced within two years from the date of approval. If not commenced within such time, then such approval shall be deemed revoked by the DRB, unless the DRB gives a written extension for commencing the work. Additionally, except with written DRB approval otherwise, and except for delays caused by strikes, fires, national emergencies, , critical materials shortages or other intervening forces beyond the control of the Owner, all work approved by the DRB shall be completed within two years of commencement. 31 • 18. Variances . The DRB may grant reasonable variances or adjustments from any conditions and restrictions imposed by this Declaration in order to overcome practical difficulties and unnecessary hardships arising by reason of the application of the conditions and restrictions contained in this Declaration or in architectural guidelines. 19. Right to Appeal . Once the DRB is appointed by the Board of Directors of the Association, and if the Board of Directors is not acting as the DRB, an Owner whose plans have been disapproved or conditionally approved may appeal any decision of the DRB to the Board of Directors. The Board of Directors shall review the decision of the DRB pursuant to the criteria set forth in this Section above and/or the architectural guidelines. Any decision of the DRB may be overruled and reversed by a majority of the directors by a written decision setting forth the reasons for the reversal when the directors conclude that the DRB's decision was inconsistent with the criteria set forth in this Article and the guidelines. 20. Waivers . The approval or consent of the DRB, or appointed representative thereof, to any application for architectural approval shall not be deemed to constitute a waiver of any right to hold or deny approval or consent by the DRB as to any application or other matters subsequently or additionally submitted for approval or consent. 21. Liability . The DRB and the members thereof, as well as any representative of the Board designated to act on its behalf, shall not be liable in damages to any person submitting requests for approval or for any approval, or failure to approve or disapprove in regard to any matter within its jurisdiction under these covenants. Neither the Board nor the • DRB shall bear any responsibility for ensuring the design, quality, structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes, zoning regulations and other governmental requirements. 22. Records . The Association shall maintain written records of all applications submitted to it and of all actions taken by it with respect thereto. Such records shall be open and available for inspection by any interested party during reasonable hours of the business day according to any policy adopted by the Board. 23. Enforcement. Enforcement of these covenants, restrictions, charges and other provisions, as amended, may be by any proceeding at law or in equity against any person or persons violating or attempting to violate any such provision. The Association shall have the right, but not the obligation, to institute, maintain and prosecute any such proceedings. In any action instituted or maintained under this Section, the Association may be entitled to recover its costs and reasonable attorney fees incurred pursuant thereto, as well as any and all other sums awarded by the court. Failure of the Association to enforce any covenant or restriction contained in this Section shall in no event be deemed a waiver of the right to do so thereafter. In addition, or in the alternative, the Association shall have all other enforcement rights as set forth in this Declaration. Section 7.6 Landscaping Requirements of Owners/Restrictions and Maintenance Covenants. All portions of a Unit not improved with a residence, building, driveway, walkways, • patios or decks (referred to as the unimproved area or landscaped areas of a Unit) shall be landscaped by the Owner thereof or a Builder, other than the Declarant. Any portions of a Unit that are not landscaped by a Builder must be fully landscaped by the Unit Owner, no later than one (1) year after the date of close of escrow and landscape plan must be approved by the DRB 32 of any portion of the Unit. The landscaping of each Unit, having once been installed, shall be • maintained by the Owner, or the applicable owner association or Sub Association, in a neat, attractive, sightly and well-kept condition, which shall include lawns mowed, hedges, shrubs, and trees pruned and trimmed, adequate watering, replacement of dead, diseased or unsightly materials, and removal of weeds and debris. Section 7.7 Subdivision of Units. (a) The Owner of a Residential Unit shall have the right to subdivide his or her Unit (including, without limitation, by creating a condominium project upon such Unit or consolidating Units into one Unit) provided that the Owner: (i) obtains written approval from Declarant or the Board; (ii) complies with all applicable laws, regulations, ordinances, statutes and orders of all governmental authorities having jurisdiction. Following any subdivision of a Residential Unit, including the creation of such a condominium project or consolidation of Units, the Owner of each Unit resulting or remaining from such subdivision shall be a Member of the Community Association. (b) The right of the Owner of a Commercial Unit to subdivide is not restricted. Section 7.8 Restrictions on Subordinate Covenants, Mays and Planned Unit Developments on Residential Units. Until expiration of the Period of Declarant Control, the prior written consent of Declarant, or its assignee (if this restriction and approval right is . assigned in writing), shall be required by any Owner or with regard to any Residential Unit: (a) before junior or subordinate covenants may be filed of record against all or any portion of a Unit, and (b) before any planned unit development, map, plat or re-subdivision may be filed of record against all or any portion of a Unit. In the event an Owner records covenants against all or any part of a Residential Unit without the written consent required by the provisions of this Section, or in the event an Owner records any planned unit development, map, plat or re-subdivision against all or any part of any Unit without the written consent required by the provisions of this Section, the instruments recorded shall be voidable and shall be deemed void by the Declarant (or its assignee) upon Declarant (or its assignee) recording a notice to that effect. Notwithstanding the foregoing, however, Builders, and any mortgagees of Builders acquiring title to any lots by foreclosure or deed in lieu of foreclosure, shall have the right to re-subdivide or otherwise modify any subdivision plat in order to make minor lot line modifications, provided such modifications do not increase or decrease the size of any lot by more than ten percent (10%). Section 7.9 Use of Common Elements. There shall be no obstruction of the Common Elements, nor shall anything be kept or stored on any part of the Common Elements without the prior written approval of the Community Association. Nothing shall be altered on, constructed in, or removed from the Common Elements without the prior written approval of the Community Association. • Section 7.10 Restriction on Timesharing, Vacation Clubs and Similar Pro rams. Use or ownership of any Unit for operation of a timesharing, fraction-sharing, vacation club or 33 • similar program, where the right to exclusive use of a Dwelling Unit rotates among participants in the program on a fixed or floating time schedule over a period of years and all similar ownership or use programs, schemes or clubs is prohibited. Declarant and its assignees may operate any such program with respect to any Unit owned by the Declarant or its assignee. Section 7.11 Right of Owners Regarding Rules and Re ulations. In furtherance of the purposes of this Community Declaration, and subject to the Board's duty to exercise judgment and reasonableness on behalf of the Community Association and Members, the Board may adopt, amend or repeal, Rules and Regulations concerning and governing the Community or any portion thereof. The Board may establish and enforce penalties for the infraction thereof. Section 7.12 Construction Use. It is expressly permissible for Declarant and Builders to perform construction and such other reasonable activities, and to maintain upon portions of the Community such facilities as deemed reasonably necessary or incidental to the construction and sale of Units in the development of the Community, specifically including, without limiting the generality of the foregoing, the maintenance of temporary business offices, storage areas, trash bins, construction yards and equipment, signs, model units, temporary sales offices, parking areas and lighting facilities. • Section 7.13 Reasonable Rights to Develop,. None of the covenants and restrictions in this Community Declaration may unreasonably impede Declarant's or a Builder's right to develop the Real Property. Additionally, the Board may not adopt any Rule or Regulation that unreasonably impedes Declarant's or a Participation Builder's right to develop the Real Property, the exercise of any Development Rights, Special Declarant Rights or Additional Reserved Rights in accordance with this Community Declaration and/or the development rights of any Builder. ARTICLE 8 INSURANCE/CONDEMNATION Section 8.1 Community Association Hazard Insurance on the Common Elements. The Community Association shall obtain adequate hazard insurance covering loss, damage or destruction by fire or other casualty to the Common Elements and the other property of the Community Association. If obtainable, the Community Association shall also obtain the following insurance and any additional endorsements deemed advisable by the Board . (a) Community Association Liability Insurance. The Community Association shall obtain an adequate comprehensive policy of public liability and property damage liability insurance covering all of the Common Elements, in such limits as the Board may from time to time determine, but not in any amount less than • Two Million Dollars ($2,000,000) per injury, per person, and per occurrence, and in all cases covering all claims for bodily injury or property damage. Coverage shall include, without limitation, liability for personal injuries, operation of automobiles on behalf of the Community Association, and activities in connection 34 0 with the ownership, operation, maintenance and other uses of the Community. 0 All liability insurance shall name the Community Association as the insured. (b) Community Association Fidelity Insurance. The Community Association shall obtain adequate fidelity coverage or fidelity bonds to protect against dishonest acts on the parts of its officers, directors, trustees, managers, and employees and on the part of all others who handle or are responsible for handling the funds of the Community Association, including persons who serve the Community Association with or without compensation. The fidelity coverage or bonds should be in an amount sufficient to cover 3 months of budgeting operating expenses that will be in the control of the Community Association, its officers, directors, trustees and employees. (c) Community Association Worker's Compensation and Employer's Liability Insurance. The Community Association shall obtain worker's compensation and employer's liability insurance and all other similar insurance with respect to its employees in the amounts and forms as may now or hereafter be required by law. (d) Community Association Officers' and Directors'Personal Liability Insurance. The Community Association shall obtain a broad or expansive form of an officers' and directors' personal liability insurance to protect the officers and • directors from personal liability in relation to their duties and responsibilities in acting as officers and directors on behalf of the Community Association. (e) Other Insurance of the Community Association. The Community Association may obtain insurance against such other risks, of similar or dissimilar nature, as it shall deem appropriate with respect to the Community Association responsibilities and duties. (f) Community Association Insurance and General Terms. The Community Association shall obtain and maintain in full force and effect to the extent reasonably available, and at all times, the insurance coverage set forth herein, which insurance coverage shall be provided by financially responsible and able companies duly authorized to do business in the State of Montana. Commencing not later than the time of the first conveyance of a Unit to a person other than a Declarant or a Builder, the Community Association shall maintain, to the extent reasonably available, policies for the above insurance with the following terms or provisions: (i) All policies of insurance shall contain waivers of subrogation and waivers of any defense based on invalidity arising from any acts of an Owner and shall provide that such policies may not be canceled or modified without at least twenty (20) days prior written notice to all of the Owners and the Community Association. • 35 0 0 • (ii) All liability insurance shall be carried in blanket form naming the Community Association, the Board, the Community Manager, the officers of the Community Association, the Declarant, their successors and assigns and Owners as insureds. (iii) Prior to obtaining any policy of casualty insurance or renewal thereof, pursuant to the provisions hereof, the Board may obtain an appraisal from a duly qualified Real Property or insurance appraiser, which appraiser shall reasonably estimate the full replacement value of the Common Elements, without deduction for depreciation, review any increases in the cost of living, and/or consider other factors, for the purpose of determining the amount of the insurance to be affected pursuant to the provisions hereof. In no event shall any casualty insurance policy contain a co-insurance clause for less than one hundred percent (100%) of the full insurable replacement cost. Section 8.2 Community Association Insurance Premium. Except as assessed in proportion to risk, if permitted under the terms of this Community Declaration, insurance premiums for the above provided insurance shall be a part of the Community Wide Services Assessment. Section 8.3 Community Manager Insurance. The Community Manager, if not an • employee, shall be insured for the benefit of the Community Association, and shall maintain and submit evidence of such coverage to the Community Association. Section 8.4 Waiver of Claims Against Community Association. As to all policies of insurance maintained by or for the benefit of the Community Association and Owners, the Community Association and the Owners hereby waive and release all claims against one another, the Board and Declarant, to the extent of the insurance proceeds available, whether or not the insurance damage or injury is caused by the negligence of or breach of any agreement by and of said persons. Section 8.5 Adjustments by the Community Association. Any loss covered by an insurance policy described above shall be adjusted by the Community Association, and the insurance proceeds for that loss shall be payable to the Community Association. The Community Association shall hold any insurance proceeds in trust for the Community Association and Owners. Section 8.6 Condemnation and Hazard Insurance Allocations and Distributions. In the event of a distribution of condemnation proceeds or hazard insurance proceeds to the Owners, the distribution shall be as the parties with interests and rights are determined or allocated by record. • 36 ARTICLE 9 • DEVELOPMENT RIGHTS Section 9.1 Development Rights and Special Declarant Rights. The Declarant reserves, for twenty (20) years after the recording of this Community Declaration, the following Development Rights and Special Declarant Rights: (a) The right to subject all or any portion of the Project Area to all or any portion of this Community Declaration; (b) The right to add Units and designate uses, designate Delegate Districts or re- designate Delegate Districts; (c) The right to subject portions of the Real Property owned by the Declarant to additional covenants, conditions, terms and restrictions, as Declarant may determine; (d) The right to relocate boundaries between adjoining Units owned by Declarant, enlarge Units owned by Declarant, enlarge or reduce the Common Elements, enlarge or reduce or diminish the size of Units owned by Declarant, reduce or diminish the size of areas of the Common Elements, subdivide Units or complete or make improvements on Units owned by Declarant, as the same may be indicated on maps or plats filed of record or filed with the Community Declaration; • (e) The right, but not the obligation, to construct additional Improvements on Common Elements, at any time from time to time in accordance with this Community Declaration for the improvement and enhancement ofthe Common Elements and for the benefit of the Community Association and the Owners; (f) The right of the Declarant to add or annex to this Community Declaration, the properties described in Exhibit C; (g) The right to designate, create or construct additional Units, Common Elements and Limited Common Elements, and to convert Units into Common Elements; (h) The right to amend the use restrictions included in this Community Declaration, together with the right to add new use restrictions; (i) The right to exercise any development rights reserved; • (j) The right to appoint or remove any officer of the Community Association or any 37 • • • Director during the Declarant control period; (k) The right to withdraw Units owned by Declarant, or by a Builder(at the request of Declarant from such Builder), from the Community and the terms of this Community Declaration, except for Units within or a part of a building, once a Unit in that building has been conveyed. Such withdrawal may be accomplished by the execution, acknowledgment and recordation of a notice of withdrawal. The notice of withdrawal (i) shall be executed and acknowledged by the Owner or Owners of the property to be withdrawn; (ii) shall, if not then owned by Declarant, contain the executed and acknowledged written consent of Declarant for so long as Declarant owns any property in the Project Area and has the power to annex additional property to the Community; (iii) shall contain an adequate legal description of the property to be withdrawn; (iv) shall contain a reference to the Supplemental Declaration for the portion of the Real Property to be withdrawn, which reference shall state the date thereof and the date of recordation thereof; and(v) shall contain a statement and declaration that the property sought to be withdrawn is withdrawn from the Community and from the effect of this Community Declaration; (1) The right to amend the Community Declaration, maps or plats in connection with the exercise of any development right; • (m) The right to make amendments to the Community Declaration, Bylaws or Articles of Incorporation to meet or comply with any requirement of FHA or VA; (n) The right, for itself and for the Builders, to maintain signs, sales offices, mobile offices, temporary buildings, parking lots, management offices and models in Units of the Declarant or of a Builder or on the Common Elements; (o) The right, for itself and for the Builders, to maintain signs and advertising on the Community to advertise the Community or other communities developed or managed by, or affiliated with the Declarant; (p) The right to establish, from time to time, by dedication or otherwise, public streets and utility and other easements for purposes including but not limited to public access, access, paths, walkways, drainage, recreation areas, parking areas, ducts, shafts, flues, conduit installation areas, and to create other reservations, exceptions and exclusions; (q) Declarant expressly reserves the right to itself, and to Builder's, to perform warranty work, repairs and construction work and to store materials in secure areas, in Units and in Common Elements, and the future right to control such work and repairs, and the right of access thereto, until completion. All work may be performed without the • consent or approval of any Owner or holder of a security interest. Declarant expressly reserves such easement through the Real Property as may be reasonably necessary for exercising reserved rights in this Community Declaration; (r) The right to exercise any additional reserved right created by any other provision 38 • of this Community Declaration; • (s) Any rights created or reserved under this Article for the benefit of Declarant, for the express benefit of a Builder, may be transferred to any person by an instrument describing the rights transferred recorded in the real property records of the appropriate county. Such instrument shall be executed by the transferor and the transferee. (t) The consent of Owners or holders of security interests shall not be required for exercise of any reserved rights and Declarant or its assignees may proceed without limitation at its sole option. Declarant or its assignees may exercise any reserved rights on all or any portion of the property in whatever order determined. Declarant or its assignees shall not be obligated to exercise any reserved rights or to expand the Community beyond the number of Units initially submitted; (u) Recording of amendments to the Community Declaration and the map or plat pursuant to reserved rights in this Community Declaration shall automatically effectuate the terms and provisions of that amendment. Further, such amendment shall automatically: (i) vest in each existing Owner the reallocated Allocated Interests appurtenant to their Unit; and(ii) vest in each existing security interest a perfected security interest in the reallocated Allocated Interests appurtenant to the encumbered • Unit. Further, upon the recording of an amendment to the Community Declaration, the definitions used in this Community Declaration shall automatically be extended to encompass and to refer to the Community as expanded and to any additional Improvements, and the same shall be added to and become a part of the Community for all purposes. All conveyances of Units after such amendment is recorded shall be effective to transfer rights in all Common Elements, whether or not reference is made to any Amendment of the Community Declaration plat or map. Reference to the Community Declaration plat or map in any instrument shall be deemed to include all Amendments to the Community Declaration, plat and map without specific reference thereto; (v) The rights reserved to Declarant, for itself, and for Builders, their successors and assigns, shall expire as set forth above, unless (i) reinstated or extended by the Community Association, subject to whatever terms, conditions, and limitations the Board may impose on the subsequent exercise of the expansion rights by Declarant, (ii) extended as allowed by law, or(iii) terminated by written instrument executed by the Declarant, recorded in the real property records of the appropriate county; and (w) Additions of Units to the Community may be made by persons other than the Declarant, or its successors and assigns or Owners, upon approval of the Community • Association pursuant to a majority vote of the Board. Such approval shall be evidenced by a certified copy of such resolution of approval and a supplement or amendment to this 39 • Community Declaration, recorded in the real property records of the appropriate county. Section 9.2 Development of the Community Supplemental Declarations. Before or after portions of the Real Property are conveyed by Declarant or a Builder to Owners other than Declarant or a Builder, a Supplemental Declaration for such portions may be recorded which may supplement the covenants, conditions and restrictions contained in this Community Declaration, as provided for above. Upon recordation of a Supplemental Declaration, the property covered thereby shall be subject to all of the covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes and other provisions set forth in this Community Declaration, in addition to the Supplemental Declaration. Supplemental Declarations must meet or include the following criteria: (a) The Supplemental Declaration must be executed and acknowledged by Declarant, by a Builder or by the owner or owners of that portion of the Real Property covered by the Supplemental Declaration; (b) If the property described in the Supplemental Declaration is not then owned by Declarant and provided that the Period of Declarant Control has not expired, the Supplemental Declaration must contain the executed and acknowledged written consent of Declarant; (c) The Supplemental Declaration must include a reference to this Community Declaration, which reference shall state the date of recordation and the book and page numbers or reception number for this Community Declaration; (d) The Supplemental Declaration must contain an adequate legal description of the property subject thereto; (e) A statement that this Community Declaration shall apply to the added land as set forth therein; (f) Initial use designations, if any, of the Units; (g) Designation of any Local or Limited Common Elements, with allocated use rights and Neighborhood Service Assessments, if applicable; (h) A designation of the Delegate District in which the added land is located or re- designation of any other Delegate Districts; and (i) If desired by the party executing the Supplemental Declaration, written approval of the VA or HUD, as determined and obtained by that party, for only the portion of the Real Property subject or to be subject to that party's Supplemental Declaration, but only to the extent VA or HUD regulations require such approval. No consent of the Community Association, the Board, other Owners or any other person shall be required. A deed by which Declarant conveys a parcel of property to another person may constitute • a Supplemental Declaration if it meets the foregoing requirements. Supplemental Declarations may impose, on the portion of the Real Property affected thereby, covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes and other provisions in 40 addition to those set forth in this Community Declaration, taking into account the unique and • particular aspects of the proposed development of the property covered thereby. A Supplemental Declaration shall create a Common Interest Community; and, if so, shall provide for a Sub Association within the property described in the Supplemental Declaration and for the right of the Sub Association to assess such Owners. Section 9.3 No Annexation Required; Contraction of Project Area; Withdrawal of Annexed Property. Notwithstanding any other provision of this Community Declaration to the contrary, nothing in this Community Declaration shall be construed to obligate the Project Area, or any portion thereof, to be made subject to this Community Declaration. Declarant expressly reserves the right, in its sole discretion, to determine not to make the Project Area, or any portion thereof, subject to this Community Declaration. Further, as provided in this Community Declaration, Declarant also has certain withdrawal rights. Section 9.4 Declarant's Rights to Complete Development of Project Area. No provision of this Community Declaration shall be construed to prevent or limit Declarant's rights, and Declarant expressly reserves the right to complete the development of property within the boundaries of the Project Area and to construct or alter Improvements on any property owned by Declarant within the Project Area. ARTICLE 10 GENERAL PROVISIONS • Section 10.1 Compliance and Enforcement. (a) Every Owner and occupant of a Unit shall comply with the Governing Documents, and each Owner shall have the right to enforce applicable covenants in this Community Declaration. (b) The Association, acting through the Board, may enforce all applicable provisions of this Community Declaration and may impose sanctions for violation of the Governing Documents. Such sanctions may include, without limitation: (i) imposing reasonable monetary fines, after notice and opportunity for a hearing, which fine shall constitute a lien upon the violator's Unit. (ii) suspending the right to vote; • (iii) suspending any person's right to use any recreational facilities; 41 • provided, however, nothing herein shall authorize the Board to limit ingress or egress from a Unit; (iv) suspending any services provided by the Association to an Owner or the Owner's Unit if the Owner is more than thirty (30) days delinquent in paying any Assessment or other charge owed to the Association; (v) exercising self-help or taking action to abate any violation of the Governing Documents in a non-emergency situation; (vi) requiring an owner, at its expense, to remove any structure or Improvement on such Owner's Unit in violation of the Governing Documents and to restore the Unit to its previous condition and, upon failure of the Owner to do so, the Board or its designee shall have the right to enter the property, remove the violation and restore the property to substantially the same condition as previously existed and any such action shall not be deemed a trespass; • (vii) without liability to any person, precluding any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to comply with the terms and provisions of the Article entitled "Residential Renovation and Remodeling Design Review" and the Renovation and Remodeling Criteria from continuing or performing any further activities in the Community; and (viii) levying specific Assessments to cover costs incurred by the Association to bring a Unit into compliance with the Governing Documents. (c) In addition, the Association, acting through the Board, may take the following enforcement procedures to ensure compliance with the Governing Documents: (i) exercising self-help in any emergency situation (specifically including,but not limited to, the towing of vehicles that are in violation of any parking rules and regulations); or (ii) bringing suit at law or in equity to enjoin any violation or to • recover monetary damages or both. (d) In addition to any other enforcement rights, if an Owner fails to properly perform 42 his or her maintenance responsibility, or otherwise fails to comply with the Governing • Documents, the Community Association may record a notice of violation or perform such maintenance responsibilities and assess all costs incurred by the Community Association against the Unit and the Owner as an Assessment. If a Sub Association fails to perform its maintenance responsibilities, the Community Association may perform such maintenance and assess the costs against all Units within such Sub Association. The Community Association shall provide the Owner or Sub Association reasonable notice and an opportunity to cure the problem prior to taking such enforcement action. (e) All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the Governing Documents, the prevailing party shall be entitled to recover all costs, including, without limitation, attorneys fees and court costs, reasonably incurred in such action. (f) The decision to pursue enforcement action in any particular case shall be left to the Board's discretion, except that the Board shall not be arbitrary or capricious in taking enforcement action. Without limiting the generality of the foregoing sentence, the Board may determine that, under the circumstances of a particular case: (i) the Association's position is not strong enough to justify taking any or further action; • (ii) the covenant, restriction or rule being enforced is, or is likely to be construed as, inconsistent with applicable law; (iii) although a technical violation may exist or may have occurred, it is not of such a material nature as to be objectionable to a reasonable person or to justify expending the Community Association's resources; or (iv) that it is not in the Community Association's best interests, based upon hardship, expense or other reasonable criteria, to pursue enforcement action. Such a decision shall not be construed as a waiver of the Community Association's right to enforce such provisions at a later time under other circumstances or preclude the Community Association from enforcing any other covenant, restriction or rule. Section 10.2 Joint Right to Enforce Junior or Subordinate Covenants. The Community Association, after first giving written notice to any governing Sub Association or applicable or appropriate committee, if any, shall have the right to enforce, by any proceeding at law or in . equity, all subordinate or junior restrictions, conditions, covenants, reservations, rules, regulations and architectural guidelines, now or hereafter imposed by the provisions of any 43 0 • • subordinate or junior covenants, protective covenants, declaration, rules, regulations or guidelines on all or any portion of a Unit in this Community (including covenants for the payment of Assessments established in such subordinate or junior declaration if expressly permitted or delegated). Further, the Community Association shall be entitled to enjoin any violation thereof, to cause any such violation to be remedied, or to recover damages resulting from such violation. In addition, violation of any such condition, covenant, restriction, reservation, rule, regulation or guideline shall give to the Community Association the right to enter upon the portion of the Unit wherein said violation or breach exists and to summarily abate and remove, at the expense of the violator, any structure, thing or condition that may be or exist thereon contrary to the intent and meaning of the applicable provisions of such subordinate or junior governing documents. No such entry by the Community Association or its agents shall be deemed a trespass, and the Community Association and its agents shall not be subject to liability for such entry and any action taken to remedy or remove such a violation. The cost of any abatement, remedy or removal hereunder shall be a binding personal obligation on the violator. Further, the Community Association shall have the right, power and authority to establish and enforce penalties or monetary charges for violations of any subordinate or junior declaration, rules, regulations and architectural guidelines, and such penalties and/or monetary fines shall be a binding personal obligation of any violators. In any legal or equitable proceeding for the enforcement of such provisions, whether an action for damage, declaratory relief or injunctive relief, or any other action, the party prevailing in such action shall be entitled to recover from the losing party all of its costs, including court costs, administrative fees and reasonable attorneys' fees. The prevailing party shall be entitled to said attorneys' fees even though said proceeding • may be settled prior to judgment. All remedies provided herein or at law or in equity shall be cumulative and are nonexclusive. Failure by the Community Association to enforce any covenant or restriction contained in any subordinate or junior governing documents shall in no event be deemed a waiver of the right to do so thereafter. Section 10.3 Violations Constitute a Nuisance. Any violation of any provision, covenant, condition, restriction or equitable servitude contained in this Community Declaration, whether by act or omission, is hereby declared to be a nuisance and may be enjoined or abated, whether or not the relief sought is for negative or affirmative action, by any person entitled to enforce the provisions of this Community Declaration. Section 10.4 Remedies Cumulative. Each remedy provided under this Community Declaration is cumulative and nonexclusive. Section 10.5 Severability. Each of the provisions of this Community Declaration shall be deemed independent and severable. If any provision of this Community Declaration or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Community Declaration which can be given effect without the invalid provisions or applications. • Section 10.6 Term of Community Declaration. The covenants and restrictions of this 44 • 0 Community Declaration shall run with and bind the land in perpetuity. • Section 10.7 Amendment of Communit,�Declaration, Map or Plat by Declarant. Until the first Unit has been conveyed by a Builder or by Declarant to a Unit Owner other than the Declarant or a Builder, by deed recorded in the real property records of the appropriate county, any of the provisions, covenants, conditions, restrictions and equitable servitudes contained in this Community Declaration, the Exhibits of this Community Declaration, or the map or the plat may be amended by Declarant by the recordation of a written instrument, executed by Declarant, setting forth such amendment. Thereafter, if Declarant shall determine that any amendments shall be necessary in order to make non-material changes, such as for the correction of a technical, clerical or typographical error or clarification of a statement or for any changes to property not yet part of the Community, then, subject to the following sentence of this Section, Declarant shall have the right and power to make and execute any such amendments without obtaining the approval of any Owners. Each such amendment of this Community Declaration shall be made, if at all, by Declarant prior to the expiration of forty (40) years from the date this Community Declaration is recorded. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to Declarant to make or consent to an amendment under this section on behalf of each Owner and holder of a security interest. Each deed, security interest, other evidence of obligation or other instrument affecting a Unit and the acceptance thereof shall be deemed to be a grant and acknowledgment of, and a consent to the reservation of, the power of Declarant to make, execute and record an amendment under this Section. Section 10.8 Amendment of Community Declaration by Owners. Except as otherwise • expressly provided in this Community Declaration, and subject to provisions elsewhere contained in this Community Declaration requiring the consent of Declarant or others, any provision, covenant, condition, restriction or equitable servitude contained in this Community Declaration may be amended, repealed, added to, and/or changed by the addition of new or different covenants, conditions or restrictions at any time and from time to time upon approval of: (a) at least fifty-one percent (51%) of the votes directly from the Residential Units; and (b) at least fifty-one percent (51%) of the votes directly from the Commercial Units; and (c) at least fifty-one percent (51%) of the votes directly from any other class of Unit, as such classes may subsequently be established by Declarant, and with the written consent of the Community Association. The Delegates shall not be empowered to vote on any such amendment, as the right to amend is exclusively reserved to the Owners, as above provided. An amendment or repeal shall be effective upon the recordation in the real property records of all counties of which the Community is a part, which may include the City and the County of Gallatin, State of Montana, of a certificate, setting forth the amendment in full and certifying that the amendment has been • approved as set forth above, and containing the written consent and approval of the Community Association. 45 • • • Section 10.9 Amendment Required by Mortgage Agencies. Prior to forty (40) years after recording of this Community Declaration, any provision, covenant, condition, restriction or equitable servitude contained in this Community Declaration which FHA, VA,FHLMC, GNMA,FNMA or any similar entity authorized to insure, guarantee, make or purchase mortgage loans requires to be amended or repealed shall be amended or repealed by Declarant or the Community Association. Any such amendment or repeal shall be effective upon the recordation in the real property records of all counties of which the Community is a part, which may include the City and the County of Gallatin, State of Montana, of a certificate, setting forth the amendment or repeal in full. Section 10.10 Required Consent of Declarant to Amendment. Notwithstanding any other provision in this Community Declaration to the contrary, any proposed amendment or repeal of any provision of this Community Declaration reserving development rights or for the benefit of the Declarant, or the assignees, shall not be effective unless Declarant, and its assignees, if any, have given written consent to such amendment or repeal, which consent may be evidenced by the execution by Declarant or its assignees of any certificate of amendment or repeal. The foregoing requirement for consent to any amendment or repeal shall terminate upon the expiration of the Period of Declarant Control. Section 10.11 Validity of Amendments. Any action to challenge the validity of an • amendment of this Community Declaration must be brought within one year after the amendment is recorded in the real property records of all counties of which the Community is a part, which may include the County of Gallatin, State of Montana. Section 10.12 Interpretation. The provisions of this Community Declaration shall be liberally construed to effectuate their purposes of creating a uniform plan for the development of the Units and of promoting and effectuating the fundamental concepts as set forth in the recitals of this Community Declaration. This Community Declaration shall be construed and governed under the laws of the State of Montana. Section 10.13 No Representations or Warranties. No representations or warranties of any kind, express or implied, shall be deemed to have been given or made by Declarant or its agents or employees in connection with any portion of the Community, its or their physical condition, zoning, compliance with applicable laws, fitness for intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof, unless and except as shall be specifically set forth in writing. Section 10.14 Singular Includes the Plural. Unless the context otherwise requires, the singular shall include the plural, and the plural shall include the singular, and each gender • referral shall be deemed to include the masculine, feminine and neuter. 46 . • Section 10.15 Captions. All captions and titles used in this Community Declaration are • intended solely for convenience of reference and shall not enlarge, limit or otherwise affect that which is set forth in any paragraph, section or article hereof. Section 10.16 Liberal Interpretation. The provisions of this Community Declaration shall be liberally construed as a whole to effectuate'the purposes of this Community Declaration. Section 10.17 Governing Law. This Community Declaration shall be construed and governed under the laws of the State of Montana. • • • • IN WITNESS WHEREOF, the Declarant has caused this Community Declaration to be executed by its duly authorized agent this day of , 20_. Baxter Meadows West,LLC, a Montana limited liability company By: Authorized Agent STATE OF MONTANA ) ss. COUNTY OF ) • The foregoing Community Declaration was acknowledged before me this day of , 20_7 by , as Authorized Agent of Baxter Meadows West, LLC, a Montana limited liability company. Witness my hand and official seal. Notary Public for the State of Residing at My Commission expires: • EXHIBIT A • [See the attached or insert legal descriptions.] • 49 • EXHIBIT B INITIAL REAL PROPERTY 2. Legal description: [See the attached or to be inserted]. 3. Delegate District Designation: Delegate District 4. The above Real Property is also subject to the following documents of record: a. b. C. Other documents and written instruments of record. • EXHIBIT C • [to be inserted] • 51 • AFTER RECORDING RETURN TO: OR TEN i�i HINDMAN, P.C. YY 11901 W. 48�h Avenue Wheat Ridge,CO 80033-2166 Attn:JCMO • • 52 BYLAWS OF THE BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION BYLA WS OF THE BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION • ARTICLE 1 INTRODUCTION, PURPOSES AND DEFINITIONS Section 1.1 Introduction. These are the Bylaws of the Baxter Meadows Master Community Association (the "Community Association "), which Community Association operates under Montana law. Section 1.2Purposes. The purposes for which the Community Association was formed are to preserve and enhance the value of the properties of Members and to operate, govern, manage, supervise and care for the Master Planned Community and the Common Elements of the "Community," situated in Gallatin County, Montana, as the Community was created pursuant to the Community Declaration for Baxter Meadows (the "Community Declaration"), plats and/or deeds. Section 1.3Definitions. Terms used herein shall have the meanings set forth in the Community Declaration unless expressly defined herein. ARTICLE 2 MEMBERSHIP Section 2.1 Membership. Members of the Community Association include Owners • subject to the Community Declaration. Each Member shall be allocated votes pursuant to the Community Declaration. Voting rights and other rights of the Members are vested in Delegates, as provided for in the Community Declaration, these Bylaws and as allowed for under Montana law. Members, as that term is used in Montana nonprofit law, shall be the Delegates, as applicable, elected as provided in the Community Declaration and these Bylaws. Wherever in the Montana nonprofit law reference is made to Members (as, for example, in statutory provisions requiring an annual meeting of members, permitting removal of directors by members or relating to voting on amendments to these Articles of Incorporation) the Members referred to shall be such Delegates. The Members may be of such classes of membership as established by the Community Declaration, as the Declaration may be amended or supplemented. Section 2.2 Memberships Appurtenant. Each Membership shall be appurtenant to the fee simple title of an Owner. The person or persons who constitute the Owner of fee simple title shall automatically be the holder of the Membership appurtenant and the Membership shall automatically pass with fee simple title. No Member shall be entitled to resign from the Community Association. Membership shall not be assignable separate and apart from fee simple title except that an Owner may assign some or all of their rights as an Owner and as a Member to a tenant or holder of a Security Interest and may arrange for a tenant to perform some or all of such Owner's.obligations, but no such delegation or assignment shall relieve an Owner from the responsibility for fulfillment of the obligations of an Owner under the Community Declaration. The rights acquired by any such tenant or holder of a Security Interest shall be extinguished • automatically upon termination of the tenancy or interest. The assignment of rights by an Owner t pursuant to this Section shall not be subject to any present or future statutory time limit for the duration of proxy rights. • Section 2.3 Voting Rights of Members. The Real Property shall be divided into Delegate Districts, and each Delegate District shall elect one Delegate and one Alternate Voting Member to exercise the voting power of all the Members in such Delegate District as is more particularly provided in the Community Declaration. Supplemental Declarations may define the Delegate District for Members. The boundaries of Delegate Districts may be redefined as provided in the Community Declaration. Each Member shall have the right to cast votes for the election of the Delegate to exercise the voting power of the Delegate District in which the Member's Unit is located. Each Member shall be entitled to votes as provided for in the Community Declaration, except that no votes allocated to a Unit owned by the Community Association or a Sub Association may be cast. The Delegate from a Delegate District shall be elected by Members holding a majority of the voting power in such Delegate District present in person, or by proxy at a duly constituted meeting of such Delegate District. During the Period of Declarant Control, the Declarant or persons appointed by the Declarant shall have the right to appoint members of the Executive Board. In the event a Unit is resubdivided into two or more Units in accordance with the terms and conditions contained in the Community Declaration, each Unit existing after such resubdivision shall be entitled to one Membership. Section 2.4 Voting by Joint Owners. If there is more than one person who constitutes an Owner, each such person shall be entitled to attend any meeting of Members but the voting power attributable shall not be increased. In all cases in which more than one person constitutes an Owner, including instances of husband and wife, then, unless written notice to the contrary, • signed by any one of such persons, is given to the Board prior to the meeting, any one such person shall be entitled to cast, in person or by proxy, the vote attributable, and it shall be presumed that they are in agreement with respect to the manner that such vote is cast. If, however, more than one person constituting such Owner attends a meeting in person or by proxy, and seeks to cast the vote attributable, then the act of those persons owning a majority in interest shall be entitled to cast the vote attributable. Section 2.5 Resolution of Votina Disputes. In the event of any dispute as to the entitlement of any Member to vote or as to the results of any vote of Members at a meeting, the Board shall act as arbitrators and the decision of a disinterested majority of the Board shall, when rendered in writing, be final and binding as an arbitration award and may be acted upon in accordance with Montana law; provided, however, that the Board shall have no authority or jurisdiction to determine matters relating to the entitlement of Declarant to vote or relating to the manner of exercise by Declarant of its voting rights. Section 2.6 Suspension of Voting and Member Rights. During any period in which a Member shall be in default in the payment of any Assessment levied by the Community Association, the voting rights and right to use any recreational facilities of the Community by such Member shall be deemed suspended by the Executive Board (as hereafter defined), without notice or hearing, until such Assessments have been paid. Such rights of a Member may also be suspended, after notice or hearing, during any period of violation of any other provision of the Community Declaration, Articles of Incorporation ("Articles") or Bylaws. • 2 ARTICLE 3 MEETINGS OF MEMBERS Section 3.1 Place of Meetings of Members by Delegate District. Meetings of the • Members in a Delegate District shall be held in the Community, or in the greater Bozeman, Montana area, as designated by the Executive Board or the President or an officer or agent, in the notice of the meeting. Section 3.2 Annual Meetings of Members by Delegate District. The annual meetings in each Delegate District shall be held to elect a Delegate from the Delegate District and to transact such other business as may properly come before the meeting. At these meetings, a Delegate shall be elected by ballot of the members, in accordance with the provisions of these bylaws, the Community Declaration and Articles. The members may transact other business as may properly come before them at these meetings. Section 3.3 Special Meetings of Members by Delegate District. Special meetings of the Members in any Delegate District may be called by the Delegate representing the Delegate District, the Board or by Members holding not less than ten percent (10%) of the total votes of all Members in the Delegate District. No business shall be transacted at any special meeting except as indicated in the notice thereof. Section 3.4 Record Date for Member Meetings. For the purpose of determining Members entitle to notice of, or to vote at any meeting of Members in any Delegate District or in order to make a determination of such Members for any other proper purpose, the Board may fix, in advance, a date as the record date for any such determination of Members. The record date shall be not more than fifty (50) days prior to the meeting of Members or the event requiring a • determination of Members. Section 3.5 Notice of Meetings of Members by Delegate District Written notice of each meeting of Members, by Delegate District, shall be given by, or at the direction of, the Secretary or person authorized to call the meeting at least ten (10) days before, but not more than fifty(50) days before such meeting, to each Member entitled to vote. Notice may be provided by telephone, facsimile, e-mail, or by first class mail, postage pre-paid. Such notice shall specify the place, day and hour of the meeting and, in the case of a special meeting, the purpose of the meeting. No matters shall be heard nor action adopted at a special meeting except as stated or allowed in the notice. Section 3.6 Proxies of Members. A Member entitled to vote in any Delegate District may vote in person or by proxy in writing executed by the Member or his duly authorized attorney-in-fact and filed with the Secretary of the meeting prior to the time the proxy is exercised. The filing of a proxy by a Member may include, without limitation, the transmission of the same by telegram, teletype, facsimile, e-mail or other electronic transmission to the Secretary of the meeting provided that such transmitted proxy shall set forth or be transmitted with written evidence from which it can be determined that the Member transmitted or authorized the transmission of the proxy. Any proxy may be revoked, prior to the time the proxy is exercised, by a Member in person at a meeting or by revocation in writing filed with the Secretary. A proxy shall automatically cease upon the conveyance by a Member of their Unity. No proxy shall be valid after eleven (11) months after the date of its execution unless otherwise • provided in the proxy and no proxy shall be valid in any event for more than three years after its 3 date of execution. Any form of proxy furnished or solicited b thefommuni Association and p Y Y tY any form of written ballot furnished by the Community Association shall afford an opportunity theron for Members to specify a choice between approval and disapproval of each matter or • group of related matters which is known at the time and form of proxy or written ballot is prepared, may come before the meeting and shall provide, subject to reasonably specified conditions that if a Member specifies a choice with respect to any such matter, the vote shall be cast in accordance therewith. Section 3.7 Quorum at Members' Meetings. Except as may be otherwise provided in the Community Declaration, the Articles of Incorporation or these Bylaws, and except as hereinafter provided with respect to the calling of another meeting, the presence, in person or by proxy, of Members entitled to cast at least ten percent(10%) of the votes of all Members in any Delegate District shall constitute a quorum at any meeting of such Delegate District. Members present in person or by proxy at a duly organized meeting may continue to transact business until adjournment, notwithstanding the withdrawal of Members so as to leave less than a quorum. If the required quorum is not present in person or by proxy, of Members entitled to east at least five percent (5%) of the votes of all Members within such Delegate District, shall, except as may be otherwise provided in the Community Declaration, the Articles of Incorporation or these Bylaws, constitute a quorum at such meeting. Section 3.8 Adjournments of Members' Meetings. Members present in person or by proxy at any meeting of a Delegate District may adjourn the meeting from time to time, whether or not a quorum shall be present in person or by proxy, without notice other than announcement at the meeting, for a total period or periods of not to exceed 30 days after the date set for the original meeting. At any adjourned meeting which is held without notice other than • announcement at the meeting, the quorum requirement shall not be reduced or changed, but if the originally required quorum is present in person or by proxy, any business may be transacted which might have been transacted at the meeting as originally called. Section 3.9 Vote Required at Members' Meetings. At any meeting of a Delegate District if a quorum is present, a majority of the votes present in person or by proxy and entitled to be cast on a matter shall be necessary for the adoption of the matter, unless a greater proportion is required by law, the Community Declaration, the Articles of Incorporation or these Bylaws. Section 3.10 Order of Business. The order of business at any meeting of Members of a Delegate District shall be as follows: (a) roll call to determine the voting power represented at the meeting; (b) proof of notice of meeting or waiver of notice; (c)reading of minutes of preceding meeting; (d) report of the Delegate of the Delegate District; (e) election of a Delegate (at annual meetings or special meetings held for such purpose); and (0 other business if noticed, is provided for in these Bylaws. Section 3.11 Certification of Election After Meeting. Promptly after any meeting of Members to elect a Delegate in a Delegate District, the Secretary or their agent shall certify in writing to the Board the name and address of the Delegate elected, the Delegate District which the Delegate represents and the time and place of the meeting at which the Delegate was elected. • 4 Section 3.12 Action by Written Ballot. Any action that may be taken at any annual, regular, or special meeting of the Members of a Delegate District may be taken without a meeting by written ballot delivered to every Member entitled to vote on the matter. The • procedure for actions by written ballot shall be governed by Montana law. ARTICLE 4 DELEGATES Section 4.1 Delegates. A "Delegate" is defined in the Community Declaration as the natural person selected by Members within a Delegate District to represent such Delegate District and to cast votes on behalf of Members within such Delegate District. Section 4.2 Voting Rights of Delegates. Each Delegate shall have one vote for each vote which could be cast by Members voting to elect a Delegate for such Delegate District. A Delegate may cast votes, within such Delegate District. Each Delegate may cast the votes which he or she represents in such manner as the Delegate, in his or her sole discretion, deems appropriate, acting on behalf of all the Members in the Delegate District; provided, however, that in the event that at least a majority in interest of the Members in any Delegate District present in person or by proxy at a duly constituted meeting of such Delegate District shall determine at such meeting to instruct their Delegate as to the manner in which he or she is to vote on any issue, then the Delegate representing such Delegate District shall cast all of the voting power in such Delegate District in the same proportion, as nearly as possible without counting fractional votes, as the Owners in such Delegate District shall have cast their votes "for" and "against" such issue in person or by proxy. A Delegate shall have the authority, in his or her sole discretion, to call a special meeting of the Members of the Delegate's Delegate District in the manner provided for in these Bylaws, for the purpose of obtaining instructions as to the manner in which to vote • on any issue to be voted on by the Delegates. When a Delegate is voting without the instruction from the Members represented by such Delegate, then all of the votes may be cast as a unit or block, or the Delegate may apportion some of such votes in favor of a given proposition and some of such votes in opposition to such proposition. It will be presumed that any Delegate casting votes will have acted with the authority and consent of all the Members of the Delegate District of such Delegate. Section 4.3 Qualifications of Delegates. A Delegate must be a resident of a dwelling unit within the Delegate District, an occupant of a Commercial Unit, within the Delegate District, or an Owner, or, if any Owner is not a natural person, must be an authorized agent of the Owner. If a Delegate conveys or transfers title to his or her Unit or ceases to reside or occupy within the Delegate District, or if a Delegate who is an authorized agent of an Owner which is not a natural person ceases to be such authorized agent, or if the entity of which a Delegate is an agent transfers title, such Delegate's term shall immediately terminate and the Alternate shall take such Delegate's place. A Delegate may be reelected, and there shall be no limit on the number of terms a Delegate may serve. Section 4.4 Term of Office of Delegates. Each Delegate shall be elected to a two year term of office, and shall continue in office until a successor is elected, unless such Delegate resigns, is removed, or becomes disqualified to be a Delegate. • 5 Section 4.5 Removal of Dele agates. At any duly called meeting of Members of a Delegate District, the notice of which indicates such purpose, the Delegate representing that Delegate District may be removed, with or without cause, by a vote of a majority of the votes of • Members present at such meeting in person or by proxy, and a successor may then and there be elected to fill the vacancy thus created. Section 4.6 Resignation of Delegates. Any Delegate may resign at any time by giving written notice to the President, to the Secretary or to the Board stating the effective date of such resignation. Acceptance of such resignation shall not be necessary to make the resignation effective. Section 4.7 Vacancies. Any vacancy occurring in the office of a Delegate shall, unless filled after removal of a Delegate, be filled at a special meeting, called for such purpose, of Members of the Delegate District represented by such Delegate. A Delegate elected to fill a vacancy shall be elected for the unexpired term of his or her predecessor in office. ARTICLE 5 MEETINGS OF DELEGATES Section 5.1 Place of Delegate Meetings. Meetings of Delegates shall be held at the principal office of the Community Association, if any, or at such other place, within or convenient to the Community as may be fixed by the Board and specified in the notice of the meeting. Section 5.2 Annual Meetings of Delegates. An annual meeting of the Delegates shall • be held during each of the Community Association's fiscal years, at such time of the year and date as determined by the Executive Board and set forth in the notice sent to the Delegates. Section 5.3 . Special Meetings of Delegates. Special meetings of the Delegates may be called by the President, by a majority of the members of the Board or by a petition signed by Delegates comprising twenty percent(20%) of the votes in the Community Association. Section 5.4 Budget Meetings of Delegates. Meetings of Delegates to consider proposed budgets shall be called in accordance with the Community Declaration. The budget process allows for a veto, by certain delegates, of a proposed budget adopted by the Executive Board, as provided for in the Community Declaration. In the event any proposed budget is rejected, the budget last ratified is continued until such time as a subsequent budget proposed by the Executive Board is ratified. Section 5.5 Notice of Meetings of Delegates. Written notice of each meeting of Delegates shall be given by, or at the direction of, the Secretary or person authorized to call the meeting at least ten (10) days before, but not more than fifty (50) days before such meeting, to each Delegate entitled to vote. Notice may be provided by telephone, facsimile, e-mail, or by first class mail, postage pre-paid. Such notice shall specify the place, day and hour of the meeting and, in the case of a special meeting, the purpose of the meeting. No matters shall be heard nor action adopted at a special meeting except as stated or allowed in the notice. The notice of an annual meeting shall include the names of any known candidate for Delegate and . shall identify any other matter which it is known may come before the meeting. The notice of a special meeting in any Delegate District shall state the purpose or purposes for which the 6 meeting is called. The notice of any annual or special meeting in any Delegate District shall state any matter a Member within such Delegate District intends to raise at the meeting if requested to do so by a person entitled to call a special meeting in such Delegate District at least • ten (10) days before notice of the meeting is given. Section 5.6 Record Date for Meetings of Delegates. For the purpose of determining Delegates entitled to notice of, or to vote at, any meeting of Delegates, or in order to make a determination of such Delegates for any other purpose, the Board may fix, in advance, a date as the record date for any such determination of Delegates. The record date shall not be more than fifty (50) days prior to the meeting of Delegates or such other event requiring a determination of Delegates. Section 5.7 Proxies of Dele ates. For the purposes of determining a quorum with respect to a particular proposal and for the purposes of casting a vote for or against that particular proposal, a Delegate may execute, in writing, a proxy to be held by another Delegate. The proxy shall specify either a yes, no or abstain vote on each particular issue for which the proxy was executed. Proxies which do not specify a yes, no or abstain vote shall not be counted for the purpose of having a quorum present or as a vote on the particular proposal before the Delegates. Section 5.8 Quorum at Delegates' Meetings. Except as may be otherwise provided in the Community Declaration, the Articles of Incorporation, or these Bylaws, the presence in person or by proxy of Delegates entitled to cast at least forty percent (40%) of the votes of all Delegates shall constitute a quorum at any meeting of Delegates. Delegates present at a duly organized meeting of Delegates may continue to transact business until adjournment, notwithstanding the withdrawal of Delegates so as to leave less than a quorum. If the required • quorum is not present at any meeting of Delegates, another meeting may be called, subject to the notice requirements herein above specified, and the presence of Delegates entitled to cast at least twenty percent (20%) of the votes of all Delegates shall, except as may be otherwise provided in the Community Declaration, the Articles of Incorporation or these Bylaws, constitute a quorum. Section 5.9 Attendance of Delegates by Telecommunication. If a Delegate so requests in a written notice given to the Secretary of a meeting at least seven (7) days prior to the meeting and if the Board agrees, in its sole discretion, to permit the same, such Delegate may participate in such meeting, or such meeting may be conducted through the use of any means of communication by which such Delegate may hear each other person present during such meeting. A Delegate participating in a meeting by the foregoing means shall be deemed to be present in person at such meeting. Section 5.10 Adjournments of Delegates' Meetings. Delegates present at any meeting of Delegates may adjourn the meeting from time to time, whether or not a quorum shall be present, without notice other than an announcement at the meeting, for a total period or periods of not to exceed thirty (30) days after the date set for the original meeting. At any adjourned meeting which is held without notice other than announcement at the meeting, the quorum requirement shall not be reduced or changed, but if the originally required quorum is present, any business may be transacted which might have ben transacted at the meeting as originally called. 7 Section 5.11 VAe uired at Delegates' Meetings. At a�meetin of Delegates, if a quorum is present, a majority of the votes present in person and entitled to be cast on a matter shall be necessary for the adoption of the matter, unless a greater proportion is required by law • the Community Declaration, the Articles of Incorporation or these Bylaws. Section 5.12 Cumulative Voting by Delegates Not Permitted. Cumulative voting by Delegates in the election of Board members shall not be permitted. Section 5.13 Order of Business. The order of business at all meetings of Delegates shall be as follows: (a) roll call to determine the voting power represented at the meeting; (b) proof of notice of meeting or waiver of notice; (c) reading of minutes of preceding meeting; (d) reports of officers; (e) reports of committees; (0 election of Members of the Executive Board (at annual meetings or special meetings held for such purpose); (g) ratification of budgets (if required and noticed and as applicable under the Community Declaration); (h) unfinished business; and (i) new business. Section 5.14 Officers of Meetings of Delegates. The President shall act as chairman and the Secretary shall act as secretary of any meeting of Delegates. In the absence of the President, then Vice President, the Secretary or the Treasurer, in that order, shall act as chairman of the meeting. In the absence of the Secretary, then the Assistant Secretary, the Treasurer or any Assistant Treasurer, in that order, shall act as Secretary of the meeting. Section 5.15 Waiver of Notice by Dele ates. A waiver of notice of any meeting of Delegates, signed by a Delegate, whether before or after the date or time stated in the notice as the date or time when the meeting will occur or has occurred, shall be equivalent to the giving of notice of the meeting to such Delegate. Attendance of a Delegate at a meeting shall constitute waiver of notice of such meeting unless the Delegate at the beginning of the meeting objects to holding the meeting or transacting business at the meeting because of lack of notice or defective notice. Additionally, attendance of a Delegate at the meeting shall constitute a waiver of objection to consideration of a particular matter at the meeting that is not within the purpose or purposes described in the meeting notice,unless the Delegate objects to considering the matter when it is presented. Section 5.16 Action of Delegates Without a Meeting. Any action required to be taken or which may be taken at a meeting of Delegates, may be taken without a meeting if a consent, in writing, setting forth the action so taken, shall be signed by all of the Delegates, and otherwise in accordance with the applicable requirements of Montana law. Section 5.17 Action by Delegates Written Ballot. Any action that may be taken at any annual, regular, or special meeting of the Delegates may be taken without a meeting by written ballot delivered to every Delegate entitled to vote on the matter. The procedure for actions by written ballot shall be governed by Montana law. Section 5.18 Members' Right to Attend Meetings of Delegates. Any owner shall be entitled to attend any meeting of Delegates. Section 5.19 Compensation of Delegates. No Delegate shall receive any compensation • from the Community Association for acting as such unless approved by a majority of the votes of the Delegates, regular or special meeting of the Delegates. Any Delegate may be reimbursed 8 for expenses incurred on behalf of the Community Association. Noting herein shall prohibit p tY g the Community Association from compensating a Delegate, or any entity with which a Delegate is affiliated, for services or supplies furnished to the Community Association in a capacity other • than as a Delegate pursuant to a contract or agreement with the Community Association. ARTICLE 6 EXECUTIVE BOARD Section 6.1 Number and Potential Classes. (a) The affairs of the Community and the Community Association shall be governed by an Executive Board which shall initially consist of three (3) members, elected or appointed as provided in the Community Declaration and these Bylaws. (b) From and after the date of recordation of the Community Declaration until the date which is sixty (60) days after the date of conveyance of twenty-five percent (25%) of the Units That May Be Created to Owners other than the Declarant, the Declarant, or persons appointed by the Declarant, may appoint and remove all officers and members of the Board. (c) From and after the date which is sixty(60) days after the date of conveyance by Declarant of twenty-five percent (25%) of the Units That May Be Created to Owners other than Declarant until the date which is sixty(60) days after the date of conveyance by Declarant of fifty percent (50%) of the Units That May Be Created to Owners other than Declarant, the number of members of the Board shall be increased to four(4), and the Owners other than Declarant (acting through their Delegates) shall have the right to elect one (1) of the members of the Board (equal to the greater of one or twenty-five percent(25%), rounded to the nearest whole number) of the total number of the members of the Board, and the Declarant, or persons appointed by Declarant, may appoint and remove all other members of the Board. (d) From and after the date which is sixty (60) days after the date of conveyance by Declarant of fifty percent (50%) of the Units That May Be Created to Owners other than Declarant until the date of termination of the Period of Declarant Control, the number of members of the Board shall be increased to five (5), and the Owners other than Declarant (acting through their Delegates) shall have the right to elect two (2) of the members of the Board(equal to the greater of one or thirty-three percent(33%), rounded to the nearest whole number) of the total number of the members of the Board, and the Declarant, or persons appointed by the Declarant, may appoint and remove all other members of the Board. (e) From and after the date of termination of the Period of Declarant control, the Board shall remain at five (5) members, and the Owners including Declarant (if Declarant is then an Owner), shall elect at least three (3) members, at least a majority of whom must be Owners other than the Declarant. (f) However, if prior to the termination date of the Period of Declarant Control, the Community Association approves an extension of the Declarant's ability to appoint and remove no more than a majority of the Executive Board, by vote of a majority of the votes entitled to be cast by Delegates, in person or by proxy, other than by the Declarant, at a duly convened meeting of the Delegates, as allowed for in these Bylaws, then the Declarant's rights of • appointment may be extended. Any such approval by the Community Association may contain 9 conditions and limitation!'Such extension of Declarant's apPoinfent and removal power, together with any conditions and limitations approved as provided in this paragraph, shall be included in an amendment to the Community Declaration. • The Declarant may voluntarily surrender an or all of the foregoing rights to (g) Y Y Y g g g appoint and remove officers and members of the Board before termination of the Period of Declarant Control, but in that event, the Declarant may require, for the duration of the Period of Declarant Control, that specified actions, as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective. (h) As Owners are elected to the Board by the Delegates, the Declarant or the Owners may establish such classes of membership of the Owners and of the Executive Board so as to reasonably allow for representation of the various neighborhoods included within the Community. In the event of those classifications, the Delegates may then elect only specified members of the Executive Board. Section 6.2 Qualifications of Members of the Executive Board. Members of the Executive Board shall be natural persons who are eighteen(18) years of age or older. Except as appointed by Declarant, they must be an Owner or, if the Owner is a partnership, corporation or other entity not a natural person, must be an authorized agent of such partnership, corporation or other entity. If a Member of the Executive Board conveys or transfers title to his Unit, or a Member of the Executive Board who is an authorized agent or a partnership, corporation or other entity ceases to be such authorized agent, or if the partnership, corporation or other entity transfers title to its Unit, such Member's term shall immediately terminate and a new Member shall be selected as promptly as possible. There shall be no limit on the number of terms that . may be served. Section 6.3 Nominations for the Executive Board. Except for appointees by Declarant, nomination for election to the Board shall be made by a nominating committee. Nominations may also be made from the floor at the annual meetings of Delegates. The nominating committee shall consist of a chairman,who shall be a member of the Board, and two or more Delegates. The nominating committee shall be appointed by the Board prior to each annual meeting of the Delegates to serve from the close of such annual meetings until the close of the next annual meetings and such appointment shall be announced at each annual meeting. The nominating committee shall make as many nominations for election to the Board as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Section 6.4 Term of Office for Directors. The terms of office of Directors shall be three (3) years or until such time as a successor is elected, and the terms of at least one-third (1/3) of the Directors shall expire annually. Section 6.5 Removal of Directors. The Delegates, by a vote of at least two-thirds (2/3) of the votes at any meeting of the Delegates at which a quorum is present, may remove a Director, other than a Director elected or appointed by class (if any classes are designated by the Declarant) and other than directors appointed by Declarant. Directors appointed by the Declarant may not be removed by the Delegates under this section of the Bylaws. Directors sought to be removed shall have the right to be present at such meeting and shall be given the • opportunity to speak to the Delegates prior to a vote to remove being taken. Upon removal, the 10 Delegates, by majority vote, shall then elect such new members of the Executive Board to replace those members removed. Section 6.6 Vacancies on the Executive Board. Vacancies in the Executive Board, • unless filled by Declarant pursuant to its appointment powers, that are caused by any other reason (other than removal) shall be filled by appointment. Each person so appointed shall be a Director who shall serve for the remainder of the unexpired term. Section 6.7 Compensation. No Director shall receive any compensation from the Community Association for acting as such unless approved by a majority of the votes in the Community Association at a regular or special meeting of the Community Association . Any Director may be reimbursed for expenses incurred on behalf of the Community Association upon approval of a majority of the other Directors. Nothing herein shall prohibit the Community Association from compensating a Director, or any entity with which a Director is affiliated, for services or supplies furnished to the Community Association in a capacity other than as a Director pursuant to a contract or agreement with the Community Association , provided that such Director's interest was made known to the Board prior to entering into such contract and such contract was approved by a majority of the Board of Directors, excluding the interested Director. Section 6.8 Resignation of Board Members/Directors. Any member of the Executive Board may resign at any time by giving written notice to the President, to the Secretary or to the Board stating the effective date of such resignation. Acceptance of such resignation shall not be necessary to make the resignation effective. ARTICLE 7 • MEETINGS OF THE EXECUTIVE BOARD Section 7.1 Location of Meetings and Open Meetings of the Board. All meetings of the Executive Board shall be at the principal office of the Community Association, if any, or at such other place, within or reasonably convenient to the Community. All meetings shall be open to attendance by members, as provided by applicable Montana law. Section 7.2 Annual Meeting of the Executive Board. Annual meetings of the Executive Board shall be held on the same date as, or within ten (10) days following, the annual meeting of Delegates. The business to be conducted at the annual meeting of the Executive Board shall consist of the appointment of officers and the transaction of such other business as may properly come before the meeting. No prior notice of the annual meeting of the Board shall be necessary if the meeting is held on the same day and at the same time and place of the annual meeting of the Board is announced at the annual meeting of Delegates. Section 7.3 Regular Meetings of the Board. Regular meetings of the Executive Board shall be held at least twice per year at such place and hour as may be fixed by the Board, without notice. The Board may set a schedule of additional regular meetings by resolution, and no further notice is necessary to constitute regular meetings, except as may be required by law. Section 7.4 Special Meetings of the Board. Special meetings of the Executive Board shall be held when called by the President of the Community Association , or by any two • Directors, after not less than three (3) business days'notice to each Director. The notice shall be tt delivered in a manner whereby confirmation of receipt of the notice is received, and shall state the time, place and purpose of the meeting. • Section 7.5 Notice of Board Meetings. In the case of all meetings of the Executive Board for which notice is required, notice stating the place, day and hour of the meeting shall be delivered not less than three (3) nor more than fifty (50) days before the date of the meeting, by mail, telegraph, telephone, e-mail or personally, by or at the direction of the persons calling the meeting, to each member of the Board. If mailed, such notice shall be deemed to be delivered at 5:00 p.m. on the second business day after it is deposited in the mail. If by facsimile, such notice shall be deemed delivered when received at the facsimile number for each Member of the Executive Board as appears on the records of the Community Association. If by telephone, such notice shall be deemed to be delivered when given by telephone to the Member of the Executive Board or to any person answering the phone who sounds competent and mature at his home or business phone number as either appears on the records of the Community Association. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board need be specified in the notice or waiver of such meeting. Section 7.6 Waiver of Notice of Board Meetings. Any Director may waive notice of any meeting in writing. Attendance by a Director at any meeting of the Board shall constitute a waiver of notice. If all the Directors are present at any meeting, no notice shall be required, and any business may be transacted at such meeting. Section 7.7 Quorum for Board Meetings. At all meetings of the Executive Board, a majority of the Directors shall constitute a quorum for the transaction of business, unless there are less than three Directors present, in which case, all Directors must be present to constitute a • quorum. The votes of a majority of the Directors present at a meeting at which a quorum is present shall constitute a decision of the Board unless there are less than three (3)Directors, in which case, unanimity of the Directors is required to constitute a decision of the Board. If, at any meeting, there shall be less than a quorum present, a majority of those present may adjourn the meeting. Section 7.8 Proxies of the Board. For the purposes of determining a quorum with respect to a particular proposal and for the purposes of casting a vote for or against that particular proposal, a Director may execute, in writing a proxy, to be held by another Director. The proxy shall specify either a yes, no or abstain vote on each particular issue for which the proxy was executed. Section 7.9 Adjournment of Board Meetings. Members of the Board present at any meeting of the Board may adjourn the meeting from time to time, whether or not a quorum shall be present, without notice other than an announcement at the meeting, for a total period or periods not to exceed 30 days after the date set for the original meeting. At any adjourned meeting which is held without notice other than announcement at the meeting, the quorum requirement shall not be reduced or changed, but if the originally required quorum is present, any business may be transacted which may have been transacted at the meeting as originally called. Is 12 V to 1equired at Board Meetin s. At an meetin of the Board if a Section 7.10 o � y g , quorum is present, a majority of the votes present in person and entitled to be cast on a matter shall be necessary for the adoption of the matter, unless a greater proportion is required by law, • the Community Declaration, the Articles of Incorporation or these Bylaws. Section 7.11 Consent to Corporate Action of the Board. The Directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all of the Directors. Any action so approved shall have the same effect as though taken at a meeting of the Directors. The secretary shall file these consents with the minutes of the meetings of the Executive Board. Section 7.12 Telephone Communication of Board Members in Lieu of Attendance. A Director may attend a meeting of the Executive Board by using an electronic or telephonic communication method whereby the Director may be heard by the other members and may hear the deliberations of the other members on any matter properly brought before the Executive Board. The Director's vote shall be counted and his or her presence noted as if that Director were present in person on that particular matter. ARTICLE S POWERS AND DUTIES OF THE EXECUTIVE BOARD Section 8.1 Powers and Duties. The Executive Board may act in all instances on behalf of the Community Association, except as provided in the Community Declaration, Articles, these Bylaws. The Executive Board shall have, subject to the limitations contained in the Community Declaration, Articles, the powers and duties necessary for the administration of the affairs of the Community Association and of the Community, and for the operation and • maintenance of the Community as a first class Community, including the following powers and duties: SAi (a) Adopt the initial Bylaws; (b) Adopt and amend budgets for revenues, expenditures and reserves (c) As a part of the adoption of the regular budget the Executive Board shall include an amount which, in its reasonable business judgment, will establish and maintain a reserve fund for the replacement of those improvements that it is obligated to maintain, based upon age, remaining life, quantity and replacement cost; (d) Collect Assessments to the extent expressly permitted by the Community Declaration or delegated; (e) Hire and discharge an independent managing agent, provided that any agreement for professional management of the Community must provide for the termination by either party with cause and without payment of a termination fee or penalty upon thirty (30) days written notice; (f) Hire and discharge employees, independent contractors and agents other than managing agents; (g) Institute, defend or intervene in litigation or administrative proceedings or , seek injunctive relief for violations of the Community Declaration or Bylaws in 13 the Commoity Associations name, on behalf of the Community Association or two (2) or more members on matters affecting the Community; • (h) Enter into contracts on the Association's behalf and incur liabilities; (i) Regulate the use, maintenance, repair, replacement and modifications of Common Elements; 0) Cause additional improvements to be made as a part of the Common Elements; (k) Acquire, hold, encumber and convey, in the Community Association 's name, any right, title or interest to real estate or personal property, but Common Elements may be conveyed or subjected to a security interest only pursuant to state law or the terms of the Community Declaration; (1) Grant easements for any period of time, including permanent easements, and grant leases, licenses and concessions, through or over the Common Elements; (m) Impose and receive a payment, fee or charge for services provided and/or for the use, rental or operation of the Common Elements; (n) Impose a reasonable charge for late payment of assessments and, after notice and hearing, levy reasonable fines or assessments provided for or allowed in the Community Declaration or Bylaws of the Community Association; (o) Keep and maintain full and accurate books and records showing all of the receipts, expenses, or disbursements of the Community Association; • (p) Borrow funds in order to pay for any expenditure or outlay required pursuant to the authority granted by the provisions of the recorded Community Declaration and these Bylaws, and to execute all such instruments evidencing such indebtedness as the Executive Board may deem necessary and give security therefor; (q) Impose a reasonable charge for the preparation and recording of amendments to the Community Declaration, liens, or statements of unpaid assessments; (r) Provide for the indemnification of the Community Association 's Officers and the Executive Board and maintain Directors' and Officers' liability insurance; (s) Procure and maintain adequate liability and hazard insurance on property owned by the Community Association and as further set forth in the Community Declaration; (t) Cause all Directors, Officers, employees or agents having fiscal responsibilities to be bonded or insured, as it may deem appropriate and in such amounts as it may deem appropriate such expense shall be a cost to the Association; (u) Declare the office of a member of the Executive Board to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of • the Executive Board; 14 (v) Exercise for the Community Association all powers, duties, rights and obligations in or delegated to the Community Association and not reserved to the membership by other provisions of these Bylaws, Articles, the Community • Declaration; and (w) Exercise any other powers conferred by the Community Declaration or Bylaws. ARTICLE 9 OFFICERS AND THEIR DUTIES Section 9.1 Enumeration of Offices. The officers of this Community Association shall be a President, Vice-President, Secretary and Treasurer, and such other Officers as the Executive Board may from time to time create by resolution. The offices of Secretary and Treasurer may be held by the same person. Section 9.2 Appointment of Officers. The officers shall be appointed by the Executive Board at the Annual Meeting of each new Executive Board. The Officers shall hold office at the pleasure of the Executive Board. Section 9.3 Special Appointments. The Executive Board may appoint or elect such other officers as the affairs of the Community Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Executive Board may, from time to time, determine. Section 9.4 Resignation and Removal. Any Officer may resign at any time by giving • written notice to the Executive Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein. Acceptance of such resignation shall not be necessary to make it effective. Any Officer may be removed from office with cause by a majority of the Executiv.- Board. Section 9.5 Vacancies. A vacancy in any office may be filled by appointment by the Executive Board by majority vote of the Board. The Officer appointed to such vacancy shall serve for the remainder of the term of the Officer he replaces. Section 9.6 Duties. The Duties of the Officers are as follows: (a) President. The president shall have all of the general powers and duties which are incident to the office of president of a Montana nonprofit corporation. The president may cause to be prepared and may execute amendments, attested by the secretary, to the Community Declaration and these Bylaws on behalf of the Community Association, following authorization or approval of the particular amendment as applicable. (b) Vice President. The vice president shall take the place of the president and perform the president's duties whenever the president is absent or unable to act. If neither the president nor the vice president is able to act, the Executive Board shall appoint some other Director to act in the place of the president on an • interim basis. The vice president shall also perform other duties imposed by the Executive Board or by the president. 15 c Secpeta . The secretary, shall have charge to have kept or shall keep the ( ) �' rY g P p minutes of all meetings of the Owners and proceedings of the Executive board. The secretary shall have charge of the Community Association's books and papers • and shall perform all the duties incident to the office of secretary of a nonprofit corporation organized under the laws of the State of Montana. The secretary may cause to be prepared and may attest to execution by the president of amendments to the Community Declaration and the Bylaws on behalf of the Community Association, following authorization or approval of the particular amendment as applicable. (d) Treasurer. The treasurer shall be responsible for Community Association funds and for keeping full and accurate financial records and books of account showing all receipts and disbursements and for the preparation of all required financial data. This officer shall be responsible for the deposit of all monies and other valuable effects in depositories designated by the Executive Board and shall perform all the duties incident to the office of treasurer of a nonprofit corporation organized under the laws of the State of Montana. Section 9.7 Deleization. The duties of any officer may be delegated to the manager or another Executive Board member;provided, however, the officer shall not be relieved of any responsibility under these Bylaws or under Montana law. Section 9.8 Agreements, Contracts, Deeds, Checks, Etc. Except as provided in these Bylaws, all agreements, contracts, deeds, leases, checks and other instruments of the Community Association shall be executed by any officer of the Community Association or by any other • person or persons designated by the Executive Board. Section 9.9 Statements of Unpaid Assessments. The treasurer, assistant treasurer, a manager employed by the Community Association, if any, or, in their absence, any officer having access to the books and records of the Community Association may prepare, certify, and execute statements of unpaid assessments in accordance with applicable law. The Community Association may charge a reasonable fee for preparing statements of unpaid assessments and for collections. The amount of these fees and the time of payment shall be established by resolution of the Executive Board. Any unpaid fees may be assessed as a Common Expense against the Unit for which the certificate or statement is furnished. Section 9.10 Compensation. Compensation of officers shall be subject to the same limitations as imposed in these Bylaws on compensation of directors. ARTICLE 10 COMMITTEES Section 10.1 Designated Committees. The Community Association may appoint committees as deemed appropriate in carrying out its purposes, subject to the Community Declaration. Committees shall have authority to act only to the extent designated in the Governing Documents or delegated by the Executive Board. • 16 ARTICLE 11 ENFORCEMENT Section 11.1 Abatement and Enjoinment of Violations.. The violation of any provision • of the Governing Documents shall give the Executive Board the right, except in case of an emergency, in addition to any other rights set forth in these Bylaws to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any breach. Section 11.2 Fines for Violation. By action of the Executive Board, following notice and hearing, the Executive Board may levy reasonable fines for a violation of the Governing Documents which persist after notice and hearing. ARTICLE 12 BOOKS AND RECORDS Section 12.1 Records. The Community Association or its manager or managing agent, if any, shall keep the following records: (a) An account for each member, which shall designate the name and address of each member, the amount of each common expense assessment, the dates on which each assessment comes due, any other fees payable by the member, the amounts paid on the account and the balance due; (b) An account for each member showing any other fees payable by the member; (c) The most recent regularly prepared balance sheet and income and expense statement, if any, of the Community Association ; (d) The current budgets; • (e) A record of any unsatisfied judgments against the Community Association and the existence of any pending suits in which the Community Association is a defendant; (f) A record of insurance coverage provided for the benefit of members and the Community Association; i (g) Tax returns for state and federal income taxation; (h) Minutes of proceedings of meetings of the Owners, Directors, committees of Directors and waivers of notice; and (i) A copy of the most current versions of the Community Declaration, Articles, Bylaws, and Resolutions of the Executive Board, along with their exhibits and schedules. Section 12.2 'Examination. The books, records and papers of the Community Association (excepting any confidential and/or privileged book, records or papers),shall at all times, during normal business hours and after reasonable notice, be subject to inspection and copying by any member, at their expense, for any proper purpose, as set forth in a Records Policy duly adopted by the Executive Board of the Community Association and subject to applicable law on confidentiality and right to privacy. The Executive Board or the Manager shall determine reasonable fees for copying. • 17 0 0 ARTICLE 13 INDEMNIFICATION • Section 13.1 Obligation to Indemnify. (a) The Association shall indemnify any person: (i) Who was or is a party, or is threatened to be made a party, to any threatened, pending or completed action, suit or proceeding,whether civil, criminal, administrative or investigative (other than an action by or in the right of the Association); (ii) By reason of the fact that that person is or was a Director, Officer, managing agent, or committee member of the Association; (iii) Provided that the person is or was serving at the request of the Association in such capacity; (iv) But no indemnification shall be made with respect to any claim, issue or matter in any threatened, pending or completed action or suit where such person has been adjudged to be liable for gross negligence or gross misconduct in the performance of his or her duty to the Association, unless a court determines that, despite the adjudication of liability, but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnification for such expenses • if such court deems proper. (b) The Association's obligation for indemnification shall include: (i) actual and reasonable expenses (including expert witness fees,attorneys' fees and costs); (ii) judgments and fines; and (iii) reasonable amounts paid in settlement. (c) The Association shall indemnify when the person identified in subsection (a)of this Section: (i) acted in good faith; (ii) acted in a manner which such person reasonably believed to be in the best interests of the Association; (iii) with respect to any criminal action or proceeding, had no reasonable cause to believe the conduct was unlawful; and (iv) to the extent that such person has been wholly successful on the merits in defense of any action, suit or proceeding as described above, such person shall be indemnified against actual and reasonable expenses (including expert witness fees, attorneys' fees and costs) incurred in connection with such action, suit or proceeding. Section 13.2 Determination Required. The Board of Directors shall determine whether the person requesting indemnification has met the applicable standard of conduct set forth above. Such determination shall be made by the Board of Directors: (a) By majority vote of a quorum consisting of those members of the Board of Directors who were not parties to such action, suit or proceeding or; • 18 (b) By independent legal counsel in a written opinion if a majority of those members of the Board of Directors who were not parties to such action, suit or proceeding so directs, or; c B a vote of the Members if a majority of those members of the Board of • ( ) Y J tY Directors who were not parties to such action, suit or proceeding so directs. (d) Determination of any action, suit or proceeding by judgment, order, settlement or conviction, or upon a plea of nolo contendere or its equivalent, shall not of itself create a presumption that the person did not act in good faith and in a manner reasonably believed to be in the best interests of the Association and, with respect to any criminal action or proceeding, had reasonable cause to believe the conduct was unlawful. Section 13.3 Payment in Advance of Final Disposition. The Association shall pay for or reimburse the reasonable expenses as described above in advance of final disposition of the action, suit or proceeding if the person requesting indemnification provides the Board of Directors with: (a) A written affirmation of that person's good faith belief that he or she has met the standard of conduct described above and; (b) A written statement that such person shall repay the advance if it is ultimately determined that he or she did not meet the standard of conduct described above. Section 13.4 No Limitation of Rights. The indemnification provided in this Article shall not be deemed exclusive of nor a limitation upon any other rights to which those • indemnified may be entitled under any bylaw, agreement, vote of the Members or disinterested members of the Board of Directors, or otherwise, nor by any rights which are granted pursuant to Montana law, as those statutes may be amended from time to time. Section 13.5 Directors and Officers Insurance. The Association shall purchase and maintain insurance on behalf of any person who is or was a member of the Board of Directors, the manager, committee members, or anyone acting at the direction of the Board, covering defense and liability expenses arising out of any action, suit or proceeding asserted against such person by virtue of such person's actions on behalf of the Association or at the direction of the Board, whether or not the Association would have the power to indemnify such person against such liability under provisions of this Article. ARTICLE 14 MISCELLANEOUS Section 14.1 Notices to the Community Association. All notices to the Community Association or the Executive Board shall be delivered to the office of the manager, or, if there is no manager, to the office of the Community Association, or to such other address as the Executive Board may designate by written notice to all members. Section 14.2 Waiver. No restriction, condition, obligation or provision contained in these Bylaws shall be deemed to have been abrogated or waived by reason of any failure to • enforce the same, irrespective of the number of violations or breaches which may occur. 19 ARTICLE 15 AMENDMENTS Section 15.1 Bylaw AmendmentsNote of the Delegates. These Bylaws may be amended only by the affirmative vote of at least a majority of Delegates at any regular or special meeting of Delegates, provided that a quorum is present at any such meeting. Section 15.2 Restrictions on Amendments. No amendment of the Bylaws of this Community Association shall be adopted which would affect or impair the validity or priority of any Security Interest covering any Unit, or which would materially change the provisions of the Bylaws with respect to a first lien Security Interest or the interest of an institutional mortgagees of record. Additionally, these Bylaws may not be amended during the Period of Declarant Control without Declarant's prior written consent, which consent Declarant may withhold in its sole discretion. • 20 CERTIFICATION I, the undersigned, do hereby certify that I am the Secretary of the Baxter Meadows Master Community Association, Inc., a Montana nonprofit corporation, and that the foregoing Bylaws constitute the Bylaws of said Community Association as duly adopted by the Executive Board. Becky Williams, Secretary Date: • 21 0 0 • DESIGN REVIEW GUIDELINES AND REGULATIONS The integration of buildings, improvements and landsccape within Baxter Meadows Master Community Association (BMMCA) is essential to the success and appearance of the community. As provided in section 8.1 of the BMMCA Declarations, any and all construction, alterations or improvements, and front yard landscaping shall be subject to advance approval by the BMMCA Design Review Board (DRB). Any deviation from approved plans shall be re-submitted to the Design Review Board for approval. Site Design Regulations serve to protect and enhance the natural landscape, stream corridors, view sheds and natural habitat. No structures, including residences, outbuildings, accessory buildings, tennis courts, swimming pools, antennas (except as otherwise permitted in this Declaration), flag poles, fences, walls, exterior lighting, landscaping, or any other Improvements shall be constructed, erected,relocated, removed or installed on a Unit or on any lot, nor shall any painting, alteration or change to the exterior of the Improvements, the exterior of a residence,to a Unit or to any lot front yard or to any structure or any attachment to the exterior of a residence(including paint, awnings,patios, decks, or shutters)be commenced unless: complete plans and specifications shall have been first submitted to and approved in writing by the DRB ("Committee") as may be outlined in the Rules and Regulations. Additional written approval may be required by sub Architectural Review Committee administered by any Sub association. I. DESIGN REVIEW PROCESS Section 1. Submission of Plans Before Construction. • No residence, fence, wall, garage, outbuilding or other structure shall be made, erected, altered or permitted to remain upon the properties until written plans and specifications showing the design, nature, kind, color, dimensions, shape, elevations, material, use and location of the same shall have been submitted and approved, in writing, by a majority of the DRB as to compliance with these Covenants, as well as appropriate City of Bozeman review, permitting and fee payment. All plans submitted to the City of Bozeman Building Division must have the Baxter Meadows Design Review Board stamp of approval. Section 2. General Requirements. Not less than ninety (90) days prior to the anticipated date of construction commencement, Applicant shall submit two copies of the required documents (see Form "A" attached) for each design review to the following: Deliver or mail to: Baxter Meadows Design Review Board (DRB) c/o Intrinsik Architecture, Inc. 428 E. Mendenhall Street Bozeman, Montana 59715 Submittals must be labeled with "Baxter Meadows Design Review Board" and specific project title and address. Upon DRB review, the owner will be notified within ten (10) business days after the start of the • review cycle date that the design has been approved, approved with stipulations or disapproved. Applications which are submitted to the DRB incomplete will be returned and may be subject to a re-submittal fee. The reasons for approval with stipulation and disapproval will be clarified for the owner in • writing and/or with drawings. If the DRB does not contact the owner within ten (10) business days of the review commencement date, the application shall be deemed "dissapproved". An application for withdrawal may be made without prejudice, provided the request for withdrawal is made in writing to the DRB. All variance requests pertaining to the DRB approvals must be made in writing to the DRB. Any variance granted shall be considered unique and will not set any precedent for future decisions. If an application has been denied, or the approval is subject to conditions that the owner feels are unacceptable, the owner may request a hearing before the DRB to justify his/her position. The DRB will consider the arguments and facts presented by the owner and notify the owner of its final decision within ten (10) days of the hearing. Section 3. Construction Completion. If construction of a structure is not commenced within one year after DRB approval, a new DRB application must be submitted. No construction shall be commenced without a valid DRB approval. Any structure to be erected in accordance with an approval so given must be erected and completed within one year from the date of construction commencement. If any structure is commenced and is not completed in accordance with the plans and specifications within one year, the Directors of the Association, at their option, may take such action as may be necessary, in their judgment, to improve the appearance so as to make the property harmonious with other • properties and to comply with these Covenants, including completion of the exterior of the combination thereof, or removing the uncompleted structure or similar operations. The amount of any expenditure made in so doing shall be an obligation of the owner. A lien on the property may be recorded and shall be enforceable by an action at law. In lieu thereof, the Association may take such action as is available by law, including an injunction, or action for damages. Section 4. Inspection Procedure. Inspections are required to ensure that construction proceeds in compliance with these covenants and the approved drawings. An inspection is required at each of three stages of construction: framing, siding, and landscaping. The owner shall request an inspection of the improvements by the DRB. Owners are responsible for scheduling an inspection accordingly: 1) when the framing is complete; 2) when siding is at a point, prior to completion, to allow the DRB to see the siding and cladding product(s) installed in their planned locations; and 3) when landscaping components (beds,plants, sod, irrigation, and trees) are installed in their planned locations. The inspections shall only determine compliance with the covenants and approved plans. If the DRB find the improvements were not completed in strict compliance with the covenants and approved plans, the DRB shall notify the owner of the noncompliance within seven (7) days of the inspection request and shall require remedy of the same. The owner shall have seven (7) days from the noncompliance notification to remedy the noncompliance or shall submit a work plan delineating the time frame when the noncompliance will be remedied. The DRB may allow up to forty-five (45) days for the noncompliance to be remedied if the submitted work plan provides adequate justification for the requested time. • 0 0 • No occupancy of the project shall take place prior to written DRB approval, as well as payment of all inspection and review fees, and any outstanding costs, unless otherwise allowed. If the noncompliance is not remedied within seven (7) days of notification and the owner does not provide a work plan within said time, or if the noncompliance is not remedied within the time frame provided in the work plan as approved by the DRB, the DRB may, at their option, remedy the noncompliance. The owner shall reimburse the DRB upon demand for all expenses incurred in connection therewith. If the owner does not promptly repay such expenses, the DRB shall levy an assessment and file a lien against such owner and the improvement in question and the land on which the same is situated for reimbursement and the same shall be enforced and/or foreclosed upon in the manner provided for by law. No occupancy of the project shall take place prior to written DRB approval as well as payment of both inspections and any outstanding costs,unless otherwise allowed. Section 5. Liability and Variances. Neither the Association, the Declarant, the Directors, the DRB nor the individual members thereof, may be held liable to any person for any damages for any action taken pursuant to these Covenants, including but not limited to, damages which may result from correction, amendment, changes or rejection of plans and specifications, the issuance of approvals, or any delays associated with such action on the part of the Board of Directors. Further, the Committee may, upon application, grant a variance from the Architectural • Regulations, provided that the spirit of these Covenants is complied with. The Committee shall have the duty and power to make the final decision on the granting of the variance, without any liability being incurred or damages being assessed due to any decision of the Committee. Within all section of these covenants, when a variance is indicated that it may be granted, the variance must be requested and approved by the DRB and/or the Bozeman City Commission, as applicable, depending on whether the variance is from the Covenants or from the current City Zoning Ordinance or both. Section 6. Design Review Procedure. STEP 1: Construction Design Review. In addition to verifying the required setbacks, this review checks the designs for correct interpretation of the Architectural Regulations, checks the construction documents for compliance with the DRB and verifies that the previous DRB recommendations have been incorporated. Conformity to applicable local regulations and building codes, as well as obtaining appropriate permits is the responsibility of the architect and/or builder. Forms Required: Acknowledgement Form Form A- Construction Design Review Application Review Fee: Review Fee: $300 for each single family and duplex unit projects. Previously approved plans are subject to a design review fee of $200. Incomplete applications which are • returned to Applicant may subject to a $100 re-submittal fee. Fees are based on each individual property. 0 Minimum Drawings Required: • • Site Plan (118" = P-0"scale or larger) showing: North arrow. Property lines and setback lines with dimensions Building footprints with entry area delineated and overhangs shown as dashed lines. Garden walls, fence lines, location, height and material quality of retaining walls. Water, electric and sewer service. Grading plan. Location of streets. Location, dimensions and materials for walks and drives. Limits of construction activity (no construction, traffic or storage of materials will be permitted beyond these limits). Exterior light locations and type. Location of external equipment(electric meter, location of waste bins, etc.) • Floors Plans (114"= 1'-0')showing: Foundation plan dimensioned. Room use labeled and rooms dimensioned. Wall,window and door openings dimensioned. Exterior walls dimensioned. All overhangs of floors and roofs as dashed lines. Gross square footage. • Elevations & Sections showing: • Each Elevation at '/4" = 1'-0" with colors rendered of fronting street elevation. • Landscape Plan: Including plant listing (name, planting and mature sizes) and their respective locations. • Material Samples: As requested by DRB. Siding and trim sample with actual color applied. STEP 2: Construction Commencement. Construction may not commence without the approval of the City of Bozeman Building Division, necessary permits obtained and fees collected. A copy of Form A- Construction Design Review Application bearing the DRB approval letter must accompany City of Bozeman building permit applications. The DRB reserves the right to inspect in the field for compliance during any stage of construction. The DRB is empowered to enforce its policy as set forth in the Baxter Meadows Master Community Declaration by any action, in law or equity,to ensure compliance. • • H. Topography and Features 1. Response to Character of Land Form: Development Areas shall be designated upon all new sites in order to assure that each building site responds to the existing topography, tree masses and adjacent properties. All site plans must indicate surface drainage patterns. 2. Relationship to Open Space: Estate Homes Buildings shall be located in a manner that preserves the character of the open space within the community. When an entirely open site is developed,buildings shall be organized in a cluster that diminishes the scale and impact of the building in the landscape. In addition, indigenous landscape materials shall be introduced to minimize the exposure of the building. Manicured lawns shall be separated from the established native vegetation with landscape materials. 3. Stream Corridor Protection: All buildings and improvements shall maintain a minimum setback of 50 feet from the annual high water line of all streams, rivers, creeks and water courses within all development districts of Baxter Meadows. Uses within the stream setback shall be limited to planting of native riparian vegetation,maintenance of existing non-native vegetation, and the control and maintenance of noxious weeds. The removal of existing native vegetation within the • stream shed protection area is not permitted. III.Improvements 1. Driveways&Parking: Site access,when entered from the street, shall be perpendicular to the street. Parking areas and garage doors shall not be the primary visual element of any residence. Landscaping materials shall be used to diminish the impact of the entry to the garage. All parking shall be within the lot boundary, off public and private rights-of-way. No driveway or access shall be allowed to encroach into the side yard setbacks other than those on shared driveway easements filed of record. The construction and maintenance of all driveways and culverts shall be responsibility of the owner. Driveways and parking areas shall be crowned and sloped for adequate drainage and safety. Driveway and parking surfaces shall be constructed of concrete paving units, stone cobbles, asphalt or concrete. Any other material shall be approved by the Baxter Meadows West Design Review Board. Materials shall restrict weed growth and maintain a clearly defined edge between the landscaped area and the driveway surface. Materials shall withstand deterioration from winter snow plowing and erosion. Driveways shall be limited in width to 14 feet minimum and 16 feet maximum at the intersecting street. Drives can be expanded to 24 feet at turn-around areas and parking structures. Maximum driveway grades shall not exceed 1:20 for the first 20 feet from the roadway, and shall not exceed 1:10 slope beyond. 0 • 2. Privacy Screens and Retaining_Walls: • Privacy screens may be used in conjunction with a hot tub or sunning deck. The screening shall be consistent with the overall design, construction and materials of the existing building. Privacy screens shall not be taller than the edge of the roof eaves, and shall not be longer than 16 feet in uninterrupted length. Retaining walls shall be an integral part of the overall design of the site and building. Retaining walls shall not be greater than 4 feet in height, or 24 feet in uninterrupted length. Retaining walls can also be used as a screening device to obscure service areas such as the view of a driveway from the main road. Retaining walls shall be constructed of wood, stone, or approved masonry products, and shall blend into the contour of the existing landscape. Utility boxes and pedestals owned by utility providers shall not be screened or buffered so as to inhibit access and/or function to such above-grade utility systems. 3. Walkways, Paths and Trails: Walkways, paths and trails introduce places for pedestrians within the built and natural environment. The size and character of such paths shall respond to the surrounding buildings and site in the form of material, scale and configuration. Paving units, stone, textured or exposed aggregate concrete and wood shall be the only acceptable materials. Detailed drawings of paths shall be required as a part of the Final Plan review requirements. III. Utilities and Site Details • 1. Utilities: All utilities (natural gas, electric, telephone and television cable) shall be installed underground. No antenna or satellite dish shall be installed on any structure or lot so that it is visible from any street. 18"satellite dishes shall not be required to be screened from adjacent lots. Larger satellite dishes are not permitted. Meters shall be placed in a location so as to be accessible to the meter reader and yet not visible from adjoining roadways. All conduit wires servicing the meter are to be beneath the exterior wall sheathing or enclosed. Meters, transformers and other utility boxes shall be concealed with landscaping. 2. Radon: Radon gas is a hazard found in all soil types throughout the country, and should be anticipated in Baxter Meadows. The owner and architect shall contract an EPA certified installer who shall be responsible for introducing mitigation measures into the design of the building, conducting appropriate tests for radon, and activating the system if necessary. 3. Wood Storage: Firewood shall be stored outdoors shall be stacked in an enclosed area, such as a garage, covered porch, or structure designed for the storage of wood, so as to be invisible to neighboring owners and the street frontage. Such structures shall be architecturally compatible with the material and color of the primary structure, and shall be integrated into the design of the building. • 4. Garbaize and Refuse Disposal: • Trash, garbage and other waste shall not be kept except in sanitary containers. All equipment, garbage cans, wood piles, compost piles or storage piles shall be screened or concealed from view of other dwellings and Common Areas. Sanitary containers may be placed on the street curb for collection only on collection days. IV. Landscape Controls 1. Definitions: Caliper: The diameter of the trunk measured six inches above ground level up to and including four inch caliper size, and measured twelve inches above ground level if the measurement taken at six inches above ground level exceeds four inches. If a tree is of a multi- trunk variety, the caliper of the tree is the average caliper of all of its trunks. Corner Lot: A lot located adjacent to two public streets where those two streets intersect at a perpendicular angle. Mulched Bed: An area within a yard with no turf and 3"minimum depth landscape mulch. Landscape mulches include but are not limited to river rock(typ) or landscape bark(i.e. shredded cedar) (typ) etcetera, separated or contained by appropriate edging material (aluminum, metal, or similar). Yard: A space on the same lot with a principal building, which is open and unoccupied from the ground upward or from the ground downward other than by steps,walks, terraces, driveways, lamp posts and similar structures, and unobstructed by structures. • Yard, Front: A yard extending across the full width of the lot between two side lot lines the depth of which is the least distance between the street right-of-way and the front building line. Yard, Rear: A yard extending across the full width of the lot between the two side lot lines and between the real line and a parallel line tangent to the rear of the principal building and the depth of which is the least distance between the rear lot line and the parallel line. Yard, Side: A yard extending between the front building line and the rear building line, the width of which is the least distance between the side lot line and the nearest part of the principal building. 2. Installation: Street Trees: Baxter Meadows Development shall control the installation of street and boulevard trees. Sodding: Sodding of front yards shall be the responsibility of the builder. On any yards where sodding has not been provided by the builder,the homeowners are responsible for sodding or seeding within one (1) year of property purchase. Mulched Beds: Front yards will be installed with 4-8 shrubs within a mulched bed and shall be the responsibility of the builder. In addition, each home will have a meandering 18"-24"min. wide mulched bed around its perimeter in the rear and side yards to reduce water and mowing damage to the architectural siding. i ! Trees: • Trees installed by homeowner are to be planted within property lines. Prior to planting, a utility line locator service must locate utility lines. Trees must not be planted in front yards where they may conflict with utility lines. The minimum required installation shall be(3) small shade trees of 1-2"caliper or one 5' high conifer(evergreen). Recommended species include: Ash (Fraxinus), Honeylocust(Gleditsia Triacanthos), Linden (Tilia), Locust(Robinia Pseudoacacia), Maple (Acer),Mountain Ash (Sorbus Aucaparia), Oak(Quercus), Walnut(Juglans Nigra). Installation shall be the responsibility of the builder. The required installation of a shade tree within 18 months of purchasing property in Baxter Meadows may be substituted for one non-canopy tree (evergreen/conifer). The non-canopy tree must have a min. height of 5'. Heights are measured from the top of the root ball to the plants highest point. Trees installed by homeowners may be planted in front, side or rear yards as long as they are not in conflict with the utility lines and are on the owner's property. Fencing: Any fences installed at the option of an owner shall be no taller than six feet and shall be constructed of wood only. Panel fencing shall have"dog-eared"panels. All owners shall have a locator service locate utility lines prior to digging. Fencing other than that described above must be approved by the Design Review Board prior to installation. • 3. Maintenance: Every homeowner shall be responsible for the care of his or her entire lot excluding only the street right-of-way. Maintenance includes lawn care, irrigation and weed control. Mulched beds shall be weed controlled by a consistent spray regime or manual weeding. Pesticides, herbicides, fertilizers, etc. If used shall be applied in strict accordance with the manufacturer's instructions and all applicable laws and in accordance with USDA and the EPA. Every homeowner shall be responsible for the care of his or her lot excluding front and side yards up to fence lines where Baxter Meadows Central Property Owners Association will be responsible for maintaining. In the case of corner lots where no fences occur, the maintenance by BMCPOA shall extend to a point 10' into the side yard from the front yard. 4. Irrigation Installation and Maintenance: The builder shall be responsible for the installation of irrigation systems within the areas described below. Landscaping plans (including the proposed irrigation equipment to be installed)must be provided to the Design Review Board for approval prior to installation. On homes that are irrigated from the HOA system, a list of compatible equipment will be required for installation to ensure proper watering. The builder shall install separately metered irrigation systems which are controlled by each individual owner. At a minimum,builder shall install front yard piping, heads, and a controller with sufficient capacity for the owner to . install an irrigation system in the rear yard. Every homeowner shall be responsible for the maintenance of their entire system excluding only the street right of way. Baxter Meadows Development shall install systems on the street rights of way and the BMCPOA shall maintain the same. Irrigation systems controlled by BMCPOA will be separately metered. H. BUILDING FORM REGULATIONS The intent of the following building design regulations are to develop architectural unity within the districts of Baxter Meadows while allowing for the vitality of individual expression. A. Building Height 1. Residential Buildings: Building heights within all residential areas of the BMCPOA shall be limited to a maximum of 38 feet. Building height shall be measured from the highest ridge to the adjacent grade. The maximum building height shall never exceed that stipulated and governed by the City of Bozeman. With the approval of the DRB, chimneys, cupolas and other rooftop architectural features may exceed the given maximum height limitations by no more than 4 feet. On complex buildings with multiple heights,the building height shall be determined by calculating the highest ridge line of the building, and measuring to • the average of the highest and lowest finished grade. The final elevation of the finished surface materials,whether soil,paving, or decking shall be indicated as the finished grade, abnd shall be shown on the Architect's drawings. B. Roof Form The architecture within Baxter Meadows shall complement and respond to the natural qualities of Bozeman. The consistency and compatibility of roof shapes, pitches and materials will contribute significantly to the continuity of the character of Baxter Meadows. The following design regulations have been developed to allow for distinct building forms while addressing the character of the entire community. Exterior walls shall not exceed 40 feet in length without a change of orientation such as the introduction of dormers,projected bays, or recesses greater than 2 feet. When refining roof forms consideration shall also be given to the prevention of excessive snow build-up and snow shedding. 1. Shape and Pitch: When examining roof shapes and pitches for buildings within Baxter Meadows, designers should consider the simple shapes and pitches of buildings found within traditional neighborhoods. Gable,hip, and modified hip roofs shall be the only acceptable roof forms. Shed roofs shall not be major roof forms. Mansard roofs,pseudo-mansard roofs,curvilinear roofs, and A-frame roofs shall not be allowed for any roof form. • Variation in orientation of the dominant roof form is essential to the successful design of large buildings. Dominant roof forms shall not exceed 40 feet in length without a change in orientation or introduction of dormers. Within all Development Areas roof slopes shall be a minimum of 6:12 and a • maximum of 12:12. Secondary roofs may be gable, shed, hip, and modified hip roofs with pitches not less than 4:12 when attached to major building forms. Such roof forms shall be integral to the building or roof form. Roof protrusions other than chimneys and plumbing vent stacks shall not be located on any roof facing the front or street side of the building. The BMCPOA DRB retains the right to waive the minimum or maximum roof pitch requirement when, in its sole judgment, a lower or steep roof pitch is more appropriate for the design of a building, and does not compromise the integrity of the development district. This privilege may be exercised by the DRB without relinquishing its right to enforce the minimum or maximum requirements on other projects. 2. Entry Definition, Overhangs &Fascia: Snow in the Bozeman area often builds up on roof surfaces and slides off at irregular intervals. Such slides can damage property, decks,balconies and even injure people. No roof without adequate protection from snow slides shall slope toward driveways, sidewalks,porches,decks,balconies or any other areas that may be damaged or cause injury through the shedding of snow or ice from the roof. Entrances shall be specifically expressed and protected with adequate overhangs. All roofs shall have overhangs of at least 16 inches. All fascia materials shall be • a minimum of 6 inches. 3. Dormers and Secondary Roofs: Dormers and secondary roofs are often necessary to add interest and scale to major roof areas and to make habitable use of the attic space within the roof. Dormers and secondary roofs shall be gable, shed, hip, and modified hip roofs and may be stacked in multiple forms. 4. Skylights and Solar Collectors: When designing the location of skylights,consideration shall be given to both the interior and exterior appearance of the unit. Locations shall also be coordinated with window and door locations. Skylights shall be located away from valleys, ridges and all other areas where drifting snow may hinder the performance and safety of the unit. Skylights shall be of high quality, insulated, double pane construction. Roof skylights shall be flat in profile;bubble and dome style skylights shall not be permitted. Solar collectors shall be integrated into the overall roof design, and shall be placed flush with the slope of the roof or wall of the building. All solar collectors shall be screened or concealed from view of other dwellings and Common Areas. 5. Chimney Composition, Proportion and Materials: Chimneys, flues and vents can be used to create visual contrast to the dominant • roof forms of the buildings within Baxter Meadows. All flues shall be enclosed with a chimney cap and fitted with a spark arrestor. No exposed metal or clay 0 0 • flues shall be allowed. All chimney forms shall relate to the overall building and shall be covered with stone, stucco or wood siding materials to match exterior finishes of the building. Building vents and flues for such functions as ventilation and exhaust shall be consolidated into enclosures wherever possible and shall typically be concealed from public view. Place roof penetrations on the rear side of the house whenever possible. All exposed metal shall be painted in a color compatible with the color scheme of the house. Attic openings, soffit vents, foundation louvers, or other direct openings in outside walls, overhangs or roofs shall be covered with non- combustible, corrosion-resistant metal mesh. 6. Exterior Wall Form: Exterior wall surfaces shall be no longer than 40 feet in length without the introduction of a minimum 4-foot recess,4-foot projection or change in orientation. Two story exterior wall forms shall be interrupted by minor roof forms. 1. Foundation walls shall be exposed a maximum of eighteen inches (18") above the ground. On sloping grades, siding shall remain at least 1'-0" above grade, and the upper edge of the water table shall remain level, stepping down the slope in increments of 4' or less. see above. Concrete foundations exposed more than eighteen inches (18") above grade must have an architectural finish(texture, pattern and/or color). • III. MATERIAL AND DETAIL REGULATIONS. When choosing materials for buildings in Baxter Meadows, architects should select materials of an appropriate quality and durability in an often harsh northern environment. Synthetic and composite materials which conserve valuable wood resources should be considered whenever a building owner is contemplating opaque finishes or.high maintenance areas. The use of materials and colors for all structures in the development districts shall blend into the surrounding site. The following are the only allowable materials in Baxter Meadows: A. Roof Materials Durable roof materials capable of withstanding the freeze thaw cycle of the environment are required. Cold roof systems with adequate ventilation and insulation are recommended. All roof materials shall carry a Class A or B rating. The following are the only acceptable roof materials: § Treated wood shakes or shingles § Synthetic shakes and shingles § Natural and synthetic slate shingles § Asphalt random tab shingles § Pre-finished metal roofing • § Other similar materials, as allowed by the DRB § All roof flashing vents,hoods, and roof accessories shall be copper or a pre-finished metal that blends with the color of the roofing material selected. • • B. Exterior Wall Materials • The character of the building exterior shall be kept simple in order to harmonize and compliment the surrounding environment of the site. Natural materials and subdued colors shall be used on the main body of the building. Exterior trim can be more colorful and may contrast with the main body in order to add visual interest to the predominant neutral tones. Full scale samples of all exterior building materials, including window samples are required in the Final Plan Review. The DRB shall consider materials not listed below that maintain the aesthetic continuity of Baxter Meadows, including pre-finished composite wood products and synthetic siding materials. 1. Stonework: Rock shall be natural or synthetic stone materials. Dry stack settings with minimal exposed mortar are preferred. Stonework shall not be applied to individual wall surfaces in order to avoid a veneer-like appearance and shall continue around corners to an inside corner. Detailed drawings of all exterior stonework shall be required as a part of the final plan submittal. 2. Concrete/Stucco: Exposed concrete foundation walls between ground level and exterior wall siding shall be a maximum of 8 inches. Foundation exposure over 8 inches shall be finished with synthetic textured stucco (stained a subdued color in harmony with • the building), stone, or treated wood. 3. Wood and Wood Product Siding: Smooth or rough sawn wood siding and approved composite wood products shall be the only acceptable exterior wood sheathing materials. All wood siding shall be painted or stained with an opaque stain. Other wood product siding will be considered by the BMHOA on a case by case basis. 4. Shingles: Natural and synthetic shingles shall be used only as accent or detail materials within the composition of exterior finishes. Shingles shall not be the dominant exterior material on any building. 5. Natural Lop: Natural log materials shall be milled or assembled with irregular lengths and diameters. Prefabricated log homes, including prefabricated kit homes of any type, shall not be allowed. 6. Color Schemes: The color palette of the body of the house shall be from white, cream, earth tones or as approved by the DRB based on color scheme merit or historical precedent. All trim, frames, doors, and windows shall be in a compatible accent color. Color schemes must be varied from the two adjacent properties, in each direction. Attached dwelling units exempted from each other. • Exterior color schemes throughout Baxter Meadows shall emphasize the natural • i • tones of the surrounding natural environment and those of a traditional neighborhood development. Large exterior wall surfaces shall be painted or stained with natural tones. Trim and other accenting details of the building may be of a brighter intensity and contrasting color scheme. Color schemes shall emphasize the contrast between basic wall surfaces and accented details. All exterior color schemes shall be reviewed by the DRB as a part of the Plan Review process. Natural materials and subdued colors shall be used on the main body of the building. Exterior trim can be more colorful and may contrast with the main body in order to add visual interest to the predominant neutral tones. 7. Sidin . Siding shall be run horizontally or vertically,but not at other angles to horizontal. 8. Masonry Stonework. Stonework shall be natural or approved synthetic stone materials. Dry stack, uncoursed settings with minimal exposed mortar are preferred. Stonework shall not be applied to individual wall surfaces in order to avoid a veneer-like appearance. It shall continue around corners to an inside corner. C. Exterior Windows and Doors • 1. Scale, Composition and Proportion: Windows and doors shall be of a consistent size, shape and orientation throughout a given building. Window and door patterns and reveals shall be carefully studied to create interest and variety. Large scale windows and doors shall be recessed or trimmed a minimum of 6 inches in exterior wall surfaces. Uninterrupted bands of windows and doors shall not be allowed in any building. Window and door locations shall be carefully considered to avoid being obscured by accumulating snow. 2. Solar Orientation and Exposure: The design and location of exterior windows shall respond to the solar orientation of the building. The following energy considerations shall be addressed in the building design: § Double or triple glazing § Neutral density gray solar tinting § Openings caulked around windows and doors § Weather-stripping § Storm windows § Entry Vestibules 3. Materials: Windows and doors shall be constructed of natural, stained or painted wood, or • pre-finished aluminum, enamel or vinyl cladding. All glazing shall be framed in walls of stone, stucco or wood. Glass curtain walls shall not be approved in any circumstance. Mirrored glass shall not be used. Glass storm panels, set within the window sash, may be used within divided-light • windows,provided that the storm panel is installed on the interior side of the window. Divided light glass must be authentic appearing. 4. Garage Doors: Garage doors shall not be oriented toward the street, and shall be de-emphasized in the elevation of the building and screened. Garage doors should be the same color as the building, and shall not be lighter in color than the building. It is encouraged that all garage doors be separated for each vehicle. Single, double- width(14' or larger) garage doors will be considered, however, they must be detailed to appear to be separated for each vehicle. D. Decks,Balconies,Terraces and Porches: 1. Design: Decks, balconies, terraces and porches shall be designed to enhance the overall architecture of the building by creating variety and detail on exterior elevations. Covered decks,projecting balconies and bay windows shall be integrated with, rather than randomly placed throughout,the building. Terraces shall be used to integrate the building and landscape by creating a transition between the built and natural character of the site. No deck,balcony or porch shall be used for the storage of any items except normal furniture. No exterior carpeting may be used if it is visible from any neighboring lot or the street. All railings shall be wood or approved wood-like material finished to be compatible with the color scheme of • the house. 2. Materials: Low level decks shall be skirted to grade, while providing proper ventilation and access. Decks which are not practical to skirt shall be designed to assure that the underside of the deck is integrated with the design of the building. Exposed metal joist hangers shall not be visible. Posts shall be a minimum of eight inches square, and shall be paired together to diminish a thin visual appearance. The dimensions of two-story columns shall be increased to account for the great height. Materials and colors shall be consistent with the building and surrounding landscape. Front porches are intended to be open to allow for interaction with the street. Screened-in porches and glazing are not permitted. Porch supports shall be built of stone,masonry, concrete, or wood. Column base piers shall be no less than 16" x 16" square and wood columns shall be no less than 8" square. No exterior carpeting may be used if it is visible from any neighboring lot or the street. E. Night Sky Requirements The major street intersections on Baxter Lane must be illuminated with lights that meet the City's standard requirements. In addition, all outdoor lighting • (residential, commercial or otherwise) shall be free of glare, and shall be fully shielded or shall be indirect lighting. No lighting shall be beyond a property's lot • line. No ranch lights or unshielded lights shall be permitted. No mercury vapor lights shall be permitted. For purposes of this paragraph,the following definitions shall apply: a. Fully-shielded lights: Outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test expert. b. Indirect light: Direct light that has been reflected or has scattered off of other surfaces. C. Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see, and in extreme cases, causing momentary blindness. d. Outdoor lighting: The nighttime illumination of an outside area or object by any manmade device located outdoors that produces light by any means. • • IN WITNESS WHEREOF,the Design Review Guidelines and Regulations have been • executed this day of . ) 2004. BAXTER MEADOWS DEVELOPMENT,L.P. Gerald R. Williams,Limited Partner STATE OF MONTANA ) ss COUNTY OF GALLATIN ) This instrument was acknowledged before me on ,by Gerald R. Williams, as Limited Partner of Baxter Meadows Development, L.P. • Notary Public for the State of Montana Print Name: Residing at: (SEAL) My Commission Expires: • • 6 ACKNOWLEDGEMENT FORM Owner acknowledges that he/she has received,read, and will abide by Declarations Baxter Meadows Central Property Owners Association. Violations of the Second Amended and Restated Declaration of Protective Covenants and Restrictions and/or addenda will be remedied by Baxter Meadows Centrasl Property Owners Association whereupon the Lot/Home Owner will be responsible for the cost of the remedy. I (We) am/are the owner(s) of record of Lot in Phase of Baxter Meadows Planned Unit Development. I/We have read these requirements and understand their implications. Furthermore, I (we)have been given sufficient opportunity to discuss these requirements with a member of the Baxter Meadows Design Review Board(DRB). My (Our) signature(s)below is/are evidence of my/our intent to comply with these requirements. Signature- Lot Buyer: Date: Printed Name: Date: Signature- Lot Buyer: Date: Printed Name: Signature-Contractor: Date: Printed Name: Mailing Address: Telephone: FAX: Email: • FORM A: Construction Design Review Application LOT NUMBER, Phase: Owner: Mailing Address: Telephone: FAX:_ Email: BUILDER: Firm: Address: Telephone: FAX:_ Email: • ARCHITECT:_ Firm: Address: Telephone: FAX:_ Email: LANDSCAPE ARCHITECT: Firm: Address: Telephone: FAX:_ INFORMATION 1. Are any variances from the Baxter Meadows Code being requested under this application? i Yes i No • i • If yes,please describe the variance and the reason for it. 2. Items submitted(please check): i Review Fee i Acknowledgement Form Site Plan i Floor Plans i Roof Plan i Elevations i Landscape Concept Plan Submitted by: Date: Signature: • • i �. �� � _ ._6 • • f� �� �- r � ' ,9 1 r ' ' • ti ,I. i� R ',M f{� f� ;� I� {� �f `� j �I i( 1 }� {� f • S `( i • ARTICLES OF INCORPORA TION FOR BAXTER MEADOWS CENTRAL PROPERTY OWNERS ASSOCIATION, INC. (A Nonprofit Corporation) The undersigned hereby signs and acknowledges, for delivery to the Secretary of State of Montana, these Articles of Incorporation for the purpose of forming a nonprofit corporation under the Montana nonprofit corporate law. ARTICLE 1. NAME The name of this corporation is Baxter Meadows Central Property Owners Association, Inc. (the "Association"). ARTICLE 2. DURATION The duration of the Association shall be perpetual. ARTICLE 3. • DEFINITIONS The definitions set forth in the Declaration of Baxter Meadows Central, a Planned Community, shall apply to all capitalized terms set forth herein, unless otherwise defined herein. ARTICLE 4. NONPROFIT The Association shall be a nonprofit corporation, without shares of stock. ARTICLE 5. PURPOSES AND POWERS OF ASSOCIATION The purposes for which the Association is formed are as follows: (a) To operate and manage the Common Interest Community known as "Baxter Meadows Central" and to operate and manage the Property and Common Area included within the Community, situated in Gallatin County, State of Montana, subject to the Declaration, Bylaws and such Rules and Regulations as the Board of Directors may from time to time adopt, for the purposes of enhancing and preserving the value of the Lot and the Common Area in the Community for the benefit of the Members; (b) To perform all acts and services and exercise all powers and duties in accordance with the requirements for an Association of owners charged with the administration of the Property and Common Area under the terms of the applicable state statutes and as set forth in the Declaration; 11s11le 1 of 5 (c) To act for and on behalf of the Members of the Association in all matters • deemed necessary and proper for the protection, maintenance and improvement of the lands and Improvements owned by the Members and this Association and to act for and on behalf of the Property and Common Area, including, without limitation, representing the Association before any city council or other governmental body having jurisdiction over the Association or services proved to the Association; and (d) To do any and all permitted acts suitable or incidental to any of the foregoing purposes and objects to the fullest extent permitted by law, and do any and all acts that, in the opinion of the Board, will promote the common benefit and enjoyment of the occupants, residents and Lot Owners of the Community, and to have and to exercise any and all powers, rights and privileges which are granted under the Act, the Declaration, Bylaws and the laws applicable to a nonprofit corporation of the State of Montana. The foregoing statements of purpose shall be construed as a statement of both purposes and powers. The purposes and powers stated in each clause shall not be limited or restricted by reference to or inference from the terms or provisions of any other clause, but shall be broadly construed as independent purposes and powers. The Association shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the primary purposes of the Association. ARTICLE 6. • MEMBERSHIP RIGHTS AND QUALIFICATIONS The Association will have voting Members as Lots are created and made subject to the Declaration. Any person who holds title to a Lot in the Community shall be a "Member" of the Association. There shall be one membership for each Lot owned within the Community. This membership shall be automatically transferred upon the conveyance of that Lot. The authorized number and qualifications of Members of the Association, the voting and other rights and privileges of Members, Members' liability for dues and Assessments, and the method of collection of dues and Assessments shall be as set forth in the Declaration and Bylaws of the Association. The Members may be of such classes of membership as established by the Declaration or in the Declaration, as the Declaration may be amended or supplemented. ARTICLE 7. PRINCIPAL OFFICE AND REGISTERED AGENT The current principal office of the Association is The initial registered agent of the Association is at the registered address of The principal office and the registered agent and office of the Association may change from time to time, by action of the Board of Directors. • Nlye 2 of 5 • ARTICLE 8. EXECUTIVE BOARD/BOARD OF DIRECTORS The business and affairs of the Association shall be conducted, managed and controlled by a Board of Directors (Executive Board). The initial Executive Board shall consist of three persons, and this number may be changed by a duly adopted amendment to the Bylaws. The Declarant of the Community shall have additional rights and qualifications as provided under the Declaration, including the right to appoint members of the Executive Board during the period of declarant control. ARTICLE 9. AMENDMENT Amendment of these Articles shall require the assent of at least two-thirds (2/3) of the votes which Members of the Association present, in person or by proxy, at a meeting of the Members at which a quorum is obtained, are entitled to cast; provided, however, that no amendment to these Articles of Incorporation shall be contrary to or inconsistent with the provisions of the Declaration. Further, an amendment may also be made pursuant to the assent of at least two-thirds of a quorum of the Members voting by mail. • ARTICLE 10. ' DISSOLUTION In the event of the dissolution of the Association as a corporation, either voluntarily or involuntarily by the Members hereof, by operation of law or otherwise, then the assets of the Association shall be deemed to be owned by the Members at the date of dissolution, as a part of their Lot, in proportion to their allocated interests, unless otherwise agreed or provided by law. ARTICLE 11. INTERPRETATION Express reference is hereby made to the terms and provisions of the Declaration, which shall be referred to when necessary to interpret, construe or clarify the provisions of these Articles. In the event of conflict, the terms of the Declaration shall control over these Articles of Incorporation. ARTICLE 12. INCORPORATOR The name and address of the incorporator is as follows: Jerry C.M. Orten, Orten • &Hindman, P.C., 11901 W. 48th Ave., Wheat Ridge, CO 80033. Pape 3 of 5 IN WITNESS WHEREOF, the undersigned has signed these Articles of • Incorporation on this day of , 2005. Jerry C.M. Orten The name and mailing address of the individual who causes this document to be delivered for filing, and to whom the Secretary of State may deliver notice if filing of this document is refused is: Jerry C.M. Orten, Orten &Hindman, P.C., 11901 W. 48th Ave., Wheat Ridge, CO 80033. • • Page 4 of 5 • CONSENT OF REGISTERED AGENT The undersigned hereby consents to the appointment as registered agent for the Association. ORTEN & HINDMAN, P.C. Jerry C.M. Orten, Authorized Agent STATE OF COLORADO ) )ss: COUNTY OF JEFFERSON ) The foregoing was acknowledged before me this_day of , 2005. Witness my hand and official seal. • Notary Public Resides in My commission expires: • DECLARATION OF BARTER MEADOWS CENTRAL A PLANNED COMMUNITY DECLARATION OF •. BAXTER MEADOWS CENTRAL (A PLANNED COMMUNITY) THIS DECLARATION is made on the date hereinafter set forth by Baxter Meadows West LLC, a Montana limited liability company ("Declarant"). RECITALS A. Declarant is the owner of certain real estate in the Gallatin County, State of Montana, which is more particularly described as set forth in Exhibit A attached hereto and by reference made a part hereof. B. Declarant desires to create a planned community on the real estate described in Exhibit A under the name of"Baxter Meadows Central," in which portions of the real estate described in Exhibit A will be designated for separate ownership and uses of a residential nature and in which portions of the real estate are to be owned by an owners' association. C. Declarant has caused the "Baxter Meadows Central Property Owners • Association, Inc.," a Montana nonprofit corporation, to be incorporated under the laws of the State of Montana, as an owners' association, for the purpose of exercising the functions set forth in this Declaration. NOW, THEREFORE, Declarant declares and states as follows: ARTICLE 1. SUBMISSION/DEFINED TERMS Section 1.1 Submission of Property . The Declarant hereby submits the real estate described in Exhibit A and such additional real property as may be subsequently added, pursuant to the expansion rights reserved in this Declaration,together with and subject to all easements, rights, and appurtenances thereto and the buildings and improvements erected or to be erected thereon (collectively, the "Property"), and to the terms and conditions of this Declaration. Declarant hereby declares that all of the Property described in Exhibit A, and as added by expansion, shall be held or sold, and conveyed subject to the following easements, restrictions, covenants, and conditions. Declarant further declares that this Declaration is made for the purpose of protecting the value and desirability of the Property, that this Declaration shall run with the Property and shall be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, legal representatives, successors, and assigns and shall inure to the benefit of each Lot Owner thereof. 0 0 Section 1.2 Name and Type. The type of common interest community is a • Planned Community. The name of the Association is the"Baxter Meadows Central Property Owners Association, Inc." Section 1.3 Propegy . The Community is located in the Gallatin County, State of Montana. The initial Property of the Community is described in Exhibit A. The Community may be subject to easements or licenses granted pursuant to this Declaration, or granted by authority reserved in any recorded document or established or allowed for in the Act. Section 1.4 Defined Terms . Each capitalized term in this Declaration or in the Plat shall have the meaning specified or as used in the Act, unless otherwise defined in this Declaration: (a) Archiiectural Review Committee or . Committee or ARC means the committee initially established bythe beclarant for the purpose of implementing the.architectural-review.provisions of this Declaration and architectural guidelines for the Community to insure proper;use, appropriate improvement,and harmonious additions, alterations and improvements within the Community. (c) "Assessment" shall include all common expense assessments, insurance assessments, utility assessments, and any other expense levied to a Lot pursuant to this Declaration or the Act. • (d) "Association" shall mean Baxter Meadows Central Property Owners Association, Inc., a Montana nonprofit corporation, and its successors. (e) "Common Elements" shall mean all real property owned by the Association for the common use and enjoyment of the Owners and such property as Declarant may convey to the Association. (f) "Common Expense" shall mean any expenditure made or a liability received by or on behalf of the Association, together with any allocations to reserves. (g) "Common Expense Assessment" shall mean the Assessment for allocation of Common Expenses among the Lots and Owners, as provided in this Declaration and the Act. (h) "Community" shall mean the planned community known as "Baxter Meadows Central," and the real property subject to this Declaration and as further defined by the recorded plats and the legal descriptions contained therein, and the Members of the Association. (i) "Declarant" shall mean the Declarant named in this Declaration, and any successor and/or assignee designated by written notice or assignment executed by the Declarant designated in this Declaration and executed by the transferee and recorded,to the extent any rights or powers reserved to Declarant are transferred or assigned to that party. • (j) "Development" or"Special Declarant Rights" shall mean those rights set 2 0 • forth in this Declaration and those rights, if any, set forth in the Act. (k) "Executive Board," "Board" or"Board of Directors" and "Board" shall • mean the body, regardless of name, designated in this Declaration to act on behalf of the Association. (1) "Exhibit B" shall mean and refer to Exhibit B as attached to and incorporated in this Declaration, and as Exhibit B may be amended or supplemented, from time to time. (m) "Governing Documents" shall mean this Declaration,the Plat, any Map, the Articles of Incorporation, the Bylaws, and any Rules and Regulations of the Association, as all of the foregoing may be amended from time to time. (n) "Improvement(s)" shall mean structures installed within or upon a Lot. (o) "Limited Common Elements" shall mean those portions of the Common Elements, if any, designated by Declarant for the exclusive use of one or more but fewer than all of the Lots. (p) "Lot" or"Unit" shall be defined to enable these terms to be used interchangeably, as appropriate, and shall mean and refer to any plot of land shown upon any recorded subdivision Map or Plat of the Property with the exception of Common Elements, if any. (q) "Map" shall mean and refer a recorded map(s) of the Property and Improvements that are subject to this Declaration. More than one map or supplement thereto may be recorded, and, if so, then the term "Map" shall . collectively mean and refer to all maps and supplements thereto. (r) "Member" shall mean and refer to those persons entitled to membership as provided in the Bylaws and as set forth in this Declaration. (s) "Owner" shall mean any person or entity that owns a Lot. (t) "Pet" shall mean and include cats, dogs, birds, reptiles or other household animals, as may be further defined in or supplemented by the Rules and Regulations. (u) "Period of Declarant Control" shall mean the period of time commencing on the date of recordation of this Declaration and expiring on the earlier of seven years thereafter, 60 days after conveyance of 75% of the Lots that may be made subject to this Declaration, after conveyance of those Lots to Owners other than Declarant,two years after the last conveyance of a Lot by the Declarant in the ordinary course of business or two years after any right to annex property was last exercised; provided, however, that if the Period of Declarant Control has not terminated pursuant to the foregoing provisions, the Period of Declarant Control shall in any case terminate on the date upon which all property subject to annexation to the Community has become a part of the Community and the last Lot within the Community has been conveyed by the Declarant. (v) "Plat" shall mean and refer to the plat(s) of the Property and Improvements that are subject to this Declaration. More than one Plat or supplement thereto may • 3 0 0 be recorded, and, if so, then the term"Plat" shall collectively mean and refer to all • plats and supplements thereto. (w) "Property" or"Real Estate" shall mean the property described in this Declaration together with all easements, rights, and appurtenances thereto and the buildings and Improvements erected or to be erected thereon. (x) "Rules and Regulations" shall mean any instruments, however denominated, which are adopted by the Association for the regulation and management of the Community, including architectural guidelines, and including any amendment to those instruments. ARTICLE 2. EASEMENTS Section 2.1 Utility, Map and Plat Easements. Easements for utilities and other purposes over and across the Lots and Common Elements may be as shown upon the recorded Plats of the Community, and as may be established pursuant to the provisions of this Declaration, or granted by or under the authority reserved in any recorded document. Section 2.2 Owners' Easements of Enjoyment/Acknowledgments . (a) Every Owner shall have a right and easement access to their Lot and of enjoyment in and to any Common Elements and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (i) the Development and Special Declarant Rights of the Declarant reserved in this Declaration; (ii) the right of the Association to promulgate and publish Rules and Regulations with which each Owner and their tenants, invitees, licensees and guests shall strictly comply; (iii) the right of the Association to close or limit the use of the Common Elements while maintaining,repairing and making replacements in the Common Elements, and the right of the Association to close or limit the use of any Common Elements; (iv) the right of the Association to suspend the voting rights and, after notice and the opportunity for a hearing,the right to use of any Common Elements, for a period not to exceed 60 days or during any period of violation of any other provision of the Governing Documents, whichever is greater; (v) the right of the Association, upon approval of at least 67% of the total Association vote,to mortgage the Common Elements as security for that purpose, provided,that the rights of such mortgage shall be subordinate to the rights of the homeowners; • (vi) the right, power and authority of the Association to grant any 4 easement, right-of-way, license, lease, dedication or similar interest through, over or in the Common Elements; • (vii) the right of the Association to transfer or convey ownership of the Common Elements, or any portion thereof, subject to the prior approval of 67% of the total Association vote; (viii) the right of the Association to change use of, add or remove improvements to the Common Elements. Section 2.3 Drainage Easements . An easement is hereby granted to the Association and Declarant and local government, their officers, agents, employees, successors and assigns to enter upon, across, over, in and under any portion of the Property subject to this Declaration for the purpose of changing, correcting or otherwise modifying the grade of the Property, the Lots or drainage channels so as to improve the drainage of water. Said easements shall be deemed to also include easements for the collection of storm water runoff. Every Lot and the Common Elements shall be burdened with easements for natural drainage of storm water runoff from other portions of the Property; provided, no Person shall alter the natural drainage on any Lot so as to materially increase the drainage of water onto adjacent portions of the Property or any Lot without the consent of the Owner of the affected property. Any damage to any Improvement caused by Declarant or the Association in exercising its rights under this Section will be repaired promptly by the entity causing the damage. The foregoing, however, shall not be deemed to render the Association or Declarant liable for any damage caused by any third party, including,without limitation, any utility company. Section 2.4 Utilities . Declarant hereby creates and reserves to the Association, • a blanket easement upon, across, over and under the Association for access, utilities, drainage and the installation, replacement,repair and maintenance of utilities, including but not limited to water, sewer,waste water treatment, effluent irrigation systems, gas, telephone, electricity and master television antenna or cable systems, if any;provided, however, such easement shall not encumber or affect any portion of the Real Estate that is anticipated to be improved, or that has been improved, with a residence, improvement or any related structure, such as a patio or garage. By virtue of this blanket easement, it shall be expressly permissible for the Association to erect and maintain the necessary facilities, equipment and appurtenances on the Property and to affix, repair, and maintain landscaping, fencing, water, treated waste water, effluent irrigation and sewer pipes, gas, electric, telephone and television wires, circuits, conduits and meters, and such other improvements or facilities. If any utility or quasi-utility company furnishing a service covered by the general easement created in this Section requests a specific easement, a separate right and authority to grant such easement upon, across, over or under any part or all of the Property is reserved, provided the easement granted does not conflict with the terms hereof. The easement provided for in this Section shall in no way affect, avoid, extinguish or modify any other recorded easement on the Property. Any damage to any improvement caused by Declarant or the Association in exercising its rights under this Section will be repaired promptly by the entity causing the damage. The foregoing, however, shall not be deemed to render the Association or Declarant liable for any damage caused by any third party, including, without limitation, any utility company. 5 • 0 Section 2.5 Emergency Easements. A nonexclusive easement for ingress and • egress is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons, now or hereafter servicing the Community, to enter upon any part of the Community in the performance of their duties. Section 2.6 Delegation of Use . Any Member may delegate, in accordance with the Bylaws and Rules and Regulations adopted by the Executive Board, his right of enjoyment to the Common Elements to the members of his family, his tenants, or contract purchasers who reside on the Property. If the Owner delegates rights to use the Common Elements and facilities to tenants or contract purchasers who reside on the Property, the Owner shall not be entitled to use the Common Elements and facilities. ARTICLE 3. THE ASSOCIATION Section 3.1 Membership. Every person who is a record Lot Owner of a fee interest in any Lot which is subject to this Declaration shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership of such Lot shall be the sole qualification for such membership. Where more than one person holds an interest in any Lot, all such persons shall be Members. Section 3.2 General Purposes and Powers of the Association. The Association, • through its Executive Board, shall perform functions and manage the Community as provided in this Declaration so as to protect the value and desirability of the Community and the Lots and to further the interests of the residents, occupants, tenants and guests of the Community and members of the Association. Any purchaser of a Lot shall be deemed to have assented to, ratified and approved such designation and management. The Association shall have all power necessary or desirable to effectuate such purposes. Section 33' Authority of the Association. The business affairs of the Community shall be managed by the Association. The Association shall be governed by this Declaration, the Map, its Articles of Incorporation and Bylaws, and any Rules and Regulations adopted by the Executive Board. All corporate or other powers of the Association, unless otherwise specified or expressly reserved to the Members in the Governing Documents, shall be exercised by or under the authority of the Executive Board, and the business and affairs of the Association shall be managed under the direction of the Executive Board. The Executive Board may, by written resolution, delegate authority to a manager or managing agent for the Association,provided no such delegation shall relieve the Board of final responsibility. The Association may exercise any right or privilege expressly granted to the Association in the Governing Documents, and every other right or privilege reasonably implied from the existence of any right or privilege given to the Association under the Governing Documents or reasonably necessary to effect any such right or privilege. The Association shall perform all of the duties and obligations expressly imposed upon it by the Governing Documents, and every other duty or obligation implied 0 6 0 0 by the express provisions of the Governing Documents or necessary to reasonably satisfy any such duty or obligation. • Section 3.4 Association Agreements . Any agreement for professional management of the Community must provide for termination by either party with or without cause and without payment of a termination fee or penalty upon 30 days written notice. The Association shall not be bound either directly or indirectly to contracts or leases (including management contracts) entered into during the Declarant Control period unless the Association is provided with a right of termination of any such contract or lease without cause, which is exercisable without penalty at any time after the turnover date upon not more than 30 days' notice to the other party thereto. Section 3.5 Bulk Service Agreements . The Association shall have the power and authority to enter into bulk service agreements for such terms and rates as it deems appropriate in order to provide the Owners with any of the following services: cable television, community satellite television, electronic entertainment, information or communication services, trash removal or any other service the Association believes to be in the best interests of the Owners. If such a bulk service agreement is executed,the costs shall be allocated a Common Expense of the Association. Section 3.6 Allocated Interests . (a) Common Expense liability and votes in the Association allocated to Lots are as follows: (i) The percentage of liability for Common Expenses, on an equal basis between each Lot in the Community; • (ii) The percentage of liability for expenses related to a Limited Common Element, shall be allocated on an equal basis to those to whom the Limited Common Element is assigned. (b) If Lots are added to the Community, pursuant to the provisions of this Declaration, the formulas set forth above, or then in use, shall be used to reallocate the Allocated Interests. (c) Declarant reserves the right to change the above formulas for allocation of the Allocated Interests, based on possible future annexations to the property. Section 3.7 Duty to Accept Common Elements and Facilities Transferred by Declarant . The Association shall accept any Common Elements or property, including any Improvements thereon, and personal property transferred to the Association by Declarant and equipment related thereto, together with the responsibility to perform any and all functions associated therewith, provided that such property and functions are not inconsistent with the terms of this Declaration. Any property or interest in property transferred to the Association by Declarant shall, except to the extent otherwise specifically approved by resolution of the Executive Board, be transferred to the Association free and clear of all liens (other than the lien of property taxes and Assessments not then due and payable), but shall be subject to the terms of this Declaration and any Supplemental Declaration applicable thereto. 7 Section 3.8 Power to Operate and Charge for Facilities and Services . The • Association shall have the power to acquire, create, own and operate any and all such facilities and services as it deems appropriate, including, without limitation, landscape maintenance and refuse collection, or any other similar or dissimilar function, and to establish charges for the use of facilities and services. The charges may include admission, rental or other fees and charges for any use of property, facilities or services of the Association. Such charges or fees shall be as determined from time to time by the Executive Board. Section 3.9 Indemnification. To the full extent permitted by law, each officer, director, committee member or volunteer of the Association shall be and hereby are indemnified by the Owners and the Association against all expenses and liabilities including attorney fees, reasonably incurred by or imposed upon them in any proceeding to which they may be a party, or in which they may become involved, by reason of being or having been an officer, director, committee member or volunteer of the Association, or any settlements thereof, whether or not they are an officer, director, committee member or volunteer at the time such expenses are incurred; except in such cases wherein such officer, director, committee member or volunteer is adjudged guilty of breaching his or her duty of care in the performance of his or her duties. Section 3.10 Security Disclaimer . The Association may, but shall not be required to, from time to time, provide measures or take actions which directly or indirectly improve security in the Community; however, each Owner, for himself or herself and his or her • tenants, guests, licensees and invitees, acknowledges and agrees that the Association is not a provider of security and shall have no duty to provide security in the Community. Furthermore, the Association does not guarantee that non-residents will not gain access to the Community and commit criminal acts in the Community, nor does the Association guarantee that criminal acts in the Community will not be committed by residents. It shall be the responsibility of each Owner to protect his or her person and property and all responsibility to provide such security shall lie solely with each Owner. The Association shall not be held liable for any loss or damage by reason of failure to provide security or the ineffectiveness of measures taken. Section 3.11 Education and Training . As a Common Expense, the Association may provide education and training opportunities for Owners, residents and occupants, including providing funding and permitting facilities use for such purposes. The Association may provide education and training activities as a tool for fostering Owner, resident and occupant awareness of governance, operations and concerns of the Community and of the Association. Appropriate educational topics include dispute or conflict resolution, issues involving the Governing Documents, and education or topics benefitting or contributing to operation or governance of the Community. The Association may also fund and support education and training for officers and directors. Section 3.12 Declarant's Right to Appoint During Period of Declarant Control . The Declarant shall have the reserved power to appoint and remove officers and members of the Board as allowed under this Declaration and more particularly provided for in the • a 0 0 Bylaws, based on the total number of Lots that may be created within the Community pursuant to this Declaration. The Declarant may voluntarily surrender any or all of the • foregoing rights to appoint and remove officers and members of the Board before termination of the Period of Declarant Control. In that event, the Declarant may require, for the duration of the Period of Declarant Control, that specified actions of the Board, as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective. ARTICLE 4. LOTS AND COMMON ELEMENTS Section 4.1 Number of Lots . The number of Lots initially included in the Community is (172). Declarant has the reserved right to create and add additional Lots up to a total of two hundred and twenty (250) Lots or such larger number as allowed on the Real Estate by local government, whichever is greater. Section 4.2 Common Elements . The property described in Exhibit D and any improvements thereon are the initial Common Elements to be deeded by the Declarant to the Association. Portions of any Common Elements may be subsequently designated by Declarant as a part of a Lot. The improvements on the Common Elements may be changed from time to time by the Executive Board of the Association. Portions of the Common Elements may be designated by Declarant as a part of a Lot or as a Limited Common Element to a Lot or Lots. Portions of Lots not yet conveyed by Declarant to a third parry Owner may become Common Elements or Limited Common Elements, pursuant to rights • reserved elsewhere in this Declaration. Portions of Lots may become Common Elements, pursuant to rights reserved elsewhere in this Declaration. Section 4.3 Limited Common Elements . The Declarant reserves, for itself, through seven years after the recording of this Declaration, the right to allocate areas of the Community as Limited Common Elements, for the exclusive use of the owners of Lots to which those specified areas shall become appurtenant. The Declarant may allocate or assign Common Elements or Limited Common Element areas (1) by making such an allocation in a recorded instrument, or(2) in the deed to the Lot to which such Limited Common Element shall be appurtenant, or(3)by recording an appropriate amendment or supplement to this Declaration, or (4)by recording a supplement to the Plat or by recording a map. Such allocations by the Declarant may be made as a matter of reserved right. Section 4.4 Initial Limited Common Element s. The property described in Exhibit E are the initial Limited Common Elements,the exclusive use of which is assigned to the Lots indicated on Exhibit F. The Declarant reserves the right to assign rights to use to any Limited Common Element to additional Lots and reserves the right to assign additional Limited Common Elements. Section 4.5 Allocation of Expenses for Limited Common Elements . In the event a Common Expense is associated with the maintenance, repair or replacement of a 9 Limited Common Element, those Common Expenses shall be assessed equally against the aLots to which the Limited Common Element is assigned. ARTICLE 5. MAINTENANCE Section 5.1 Association Responsibility . The Association shall repair, replace, improve and maintain the Common Elements (including perimeter fencing and other fences designated as Common Elements on the Map) and all improvements located thereon including without limitation any common landscaping, common sprinkler system, common private roadways or common driveways (excluding driveways that serve two,three or four Lots, as shown on the Plat), any common light fixtures, common sidewalks and common pathways, unless any of the foregoing are maintained by the Baxter Meadows Community Association. Section 5.2 Association Discretion. The Association shall, in its sole discretion, assume the obligation for repair or maintenance of other exterior features not expressly included in this Declaration. The Association shall, in its sole discretion, ascertain whether the maintenance obligation is the duty of the Association and is necessary. The Association, in its sole discretion, shall determine the time and manner in which such maintenance shall be performed as well as the color or type of materials used. Section 5.3 Access . For the purpose of performing the maintenance referred to • in this Article, and inspections related thereto, the Executive Board, through its duly authorized agents, contractors, employees or the Architectural Review Committee, shall have the right, after reasonable notice to the Owner or occupants thereof and during regular business hours,to enter upon any Lot and improvements thereon, and such entry shall not deemed a trespass. In emergency situations,the Executive Board or its agents, contractors or employees, may enter without notice at any time, but the Owner or other occupants thereof shall be notified as soon as reasonably possible thereafter. In performing repairs or maintenance authorized under this Article, the Association shall not be liable for any loss, cost or damage caused by its actions, except on account of its willful misconduct. Section 5.4 Owner Maintenance . (a) Each Owner shall have the obligation to maintain, repair and replace all portions of the Owner's Lot and the Limited Common Elements appurtenant thereto. Such maintenance shall include, but not be limited to the following: (i) all paint, repair, replace, maintain and care for roofs, gutters, downspouts, fences, patios, decks, balconies, railings and exterior building surfaces on each Lot. An Owner shall not paint or change the appearance of the exterior of his home without the prior written consent of the DRB and the Association; 10 0 0 (ii) Owners shall be responsible for maintaining water and electricity to any automatic sprinkler systems, timers,,clocks or related equipment, as located in or on their Lot; • (iii) all glass surfaces, windows, window frames, casings and locks (provided, however, no changes that affect the exterior appearance of the windows may be made unless prior written approval is obtained from the ; (vi) any lights, exterior light fixtures and exterior light bulbs appurtenant to a Lot; (vii) any patio, balcony, yard or deck enclosure, and any fence or wall enclosing a patio, balcony, yard or deck; (viii) all utilities, fixtures and equipment servicing a Lot, commencing at a point where the utility lines, pipes, wires, conduits or systems serving such Lot connects with a main line shall be maintained and kept in repair by the Owner thereof; all utility meters or other apparatus serving only their home; and communications, television, telephone and electrical lines, receptacles and boxes serving their home; (ix) any Association approved additions or alterations made by the Owner to the Lots or Limited Common Elements. (b) Owners that share a driveway(as shown on the Plat) shall jointly have the • obligation to maintain, repair and replace all portions of that shared driveway in equal proportions. If a shared driveway requires maintenance, repair, replacement or improvement, as reasonably determined by any Owner with a right to use that shared driveway, then, that Owner may maintain, repair, replace and/or improve the shared driveway, and if the other Owners thereafter make use of the driveway, they shall contribute to the costs in equal proportions without prejudice, however, subject to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. An Owner who by his negligent or willful act causes a shared driveway to be exposed, or to be damaged or require repair, shall bear the whole cost of repair. In the event of any dispute arising concerning a shared driveway, or under the provisions of this section of the Declaration,the parties shall first submit the dispute to mediation before pursuing enforcement options as provided for in this Declaration. If the dispute cannot be resolved through mediation, the parties may pursue the dispute in arbitration or through a legal proceeding before a court as provided in other portions of this Declaration. (c) An Owner shall do no act nor any work that will impair any easement or utility service, nor do any act or allow any conditions to exist which will adversely affect the use and enjoyment of the other Lots or the provision of utility services to such Lots. 0 (d) No Owner shall, in whole or in part, change the landscaping or drainage • pattern adjacent to his Lot by the addition or removal of any items thereon without the prior written consent of the Architectural Review Committee. (e) If an Owner fails to fulfill his responsibilities under this Section, the Board may, at its option, take such action as it deems appropriate, including without limitation performing the Owner's obligations, after 10 days notice to such Owner, except in emergencies, and any costs resulting therefrom shall be an Assessment against such Owner and his Lot. Section 5.5 Negligence . In the event that the need for maintenance or repair of the Common Elements or any portion of the Property is caused through the willful or negligent act of the Owner, his family, guests,tenants, or invitees,then the cost of such maintenance or repairs shall be the personal obligation of such Owner, and if not repaid to the Association within 10 days after the Association shall have given notice to the Owner of such expenses, costs and fees, then failure to so repay shall be a default by the Owner under the provisions of this Declaration, and such expenses, costs and fees shall automatically become an Assessment determined and levied against such Lot, and the Association may proceed in accordance with the applicable provisions of this Declaration to collect the Assessment. ARTICLE 6. COVENANT FOR COMMON EXPENSE ASSESSMENTS • Section 6.1 Creation of Association Lien and Personal Obligation to Pay Common Expense Assessments . Declarant, for each Lot, shall be deemed to covenant and agree, and each Owner, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association annual Common Expense Assessments, insurance Assessments, and such other Assessments as imposed by the Association. Such Assessments, including fees, charges, late charges., attorney fees, fines and interest charged by the Association shall be the personal obligation of the Owner of such Lot at the time when the Assessment or other charges became or fell due. The Association annual Common Expense Assessments and such other Assessments as imposed by the Association, including fees, charges, late charges, attorney fees, fines and interest charged by the Association, shall be a charge on each Lot and shall be a continuing lien upon the Lot against which each such Assessment or charge is made. If any Assessment is payable in installments, the full amount of the Assessment is a lien from the time the first installment becomes due. The personal obligation to pay any past due sums owed to the Association shall not pass to a successor in title unless expressly assumed by them. No Owner may become exempt from liability for payment of the Common Expense Assessments by waiver of the use or enjoyment of the Common Elements or by abandonment of the Lot against which the Common Expense Assessments are made. All Assessments shall be payable in the amounts specified in the levy thereof, and no offsets or reduction thereof shall be permitted by any reason including, without limitation, any claim that the Association or the Executive Board is not properly exercising its duties and powers under this Declaration. Except as provided in this Declaration, all Common Expense Assessments shall be assessed against all Lots equally. 12 0 Section 6.2 Basis of Assessments . The Common Expense Assessment may be made on an annual basis against all Lots and shall be based upon the Association's advance budget of the cash requirements needed by it to provide for the administration and performance of its duties during such Assessment year. Section 6.3 Annual Assessment . The budget for annual Assessments shall be submitted to the Lot Owners for ratification and as set forth in the Bylaws, as the Bylaws may be amended from time to time. The budget may be vetoed by votes of Owners representing a majority of the total Association vote. Assessments for Common Expenses shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Executive Board. The omission or failure of the Executive Board to levy the Assessment for any period shall not be deemed a waiver, modification or a release of the Lot Owners from their obligation to pay. Section 6.4 Special Assessments . In addition to other authorized Assessments, the Association may levy Special Assessments from time to time to cover previously unbudgeted expenses or expenses in excess of those budgeted, including, without limitation,the costs of any construction, restoration, or unbudgeted repairs or replacements of capital improvements that are not covered by the general reserve fund. The proposed Special Assessment shall be submitted to the Lot Owners for ratification and as set forth in the Bylaws, as the Bylaws may be amended from time to time. The proposed Special Assessment may be vetoed by a majority of the total Association vote. A proposed Special Assessment will be ratified unless Owners representing more than a majority of the votes allocated to the Lots that will be subject to the special Assessment vote, either in • person or by proxy,to reject the Special Assessment at a meeting called for such purpose. Special Assessments may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. The Board shall have the right to require that Special Assessments be paid in advance of the provision of the subject services or materials. Section 6.5 Commencement of Assessments . The obligation to pay Assessments against fewer than all of the Lots as provided for in this Declaration shall commence as to each Lot upon conveyance of property to first owner. on the first day of the month following the later of. (a)the month in which the Lot is made subject to this Declaration or(b) the month in which the Association first establishes and ratifies a budget and levies Assessments pursuant to this Declaration. The first annual Common Expense Assessment levied on each Lot, whether levied at partial or full rate as provided in this Declaration, shall be prorated according to the number of months remaining in the fiscal year at the time Assessments commence on the Lot. The omission or failure of the Executive Board to levy the Assessment for any period shall not be deemed a waiver, modification or a release of the Owners from their obligation to pay. Section 6.6 Effect of Non-Payment of Assessments . Any Assessment, charge or fee provided for in this Declaration, or any monthly or other installment thereof, which is not fully paid within 10 days after the due date thereof, as established by the Executive Board, shall bear interest at the rate established by the Executive Board, on a per annum 13 0 0 basis from the due date, and the Association may assess a reasonable late charge thereon as • determined by the Executive Board. Failure to make payment within 10 days of the due date thereof shall cause the total amount of such Owner's Common Expense Assessment for the remainder of that fiscal year to become immediately due and payable at the option of the Board. Further, the Association may bring an action at law or in equity, or both, against any Owner personally obligated to pay such overdue Assessments, charges or fees, or monthly or other installments thereof, and may also proceed to foreclose its lien against such Owner's Lot. An action at law or in equity by the Association against an Owner to recover a money judgment for unpaid Assessments, charges or fees, or monthly or other installments thereof, may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Association's lien therefor. Foreclosure or attempted foreclosure by the Association of its lien shall not be deemed to estop or otherwise preclude the Association from thereafter again foreclosing or attempting to foreclose its lien for any subsequent Assessment, charges or fees, or monthly or other installments thereof, which are not fully paid when due. The Association shall have the power and right to bid on or purchase any Lot at foreclosure or other legal sale, and to acquire and hold, lease, mortgage, vote the Association votes appurtenant to ownership thereof, convey or otherwise deal with the same. If a foreclosure action is filed to foreclose any Assessment lien, and an Owner abandons or leaves vacant his or her Lot,the Board may take possession and rent said Lot or apply for the appointment of a receiver for the Lot without prior notice to the Owner. The rights of the Association shall be expressly subordinate to the rights of any holder of a first lien security interest as set forth in its deed of trust or mortgage (including any assignment of rents), to the extent permitted under the • Act. Section 6.7 Assignment of Rents . If a Lot is rented by its Owner, the rent is hereby pledged and assigned to the Association as security for the payment of all Assessments due by that Owner to the Association. If the Assessments owed by the Owner of a rented Lot are more than 30 days delinquent,the Board may collect, and the occupant or lessee shall pay to the Board,the rent for any Lot owned by the delinquent Owner, or that portion of the rent equal to the amount due to the Association; provided, however, the lessee need not make such payments to the Association in excess of or prior to the due date for monthly rental payments unpaid at the time of the Board's request. The Association shall send notice to the Owner by any reasonable means at least 10 days prior to initiating the collection of rent from the Owner's occupant or lessee. The occupant and/or lessee shall not have the right to question the Board's demand for payment. Payment by the occupant or lessee to the Association will satisfy and discharge the occupant or lessee's duty of payment to the Owner for rent,to the extent of the amount paid to the Association. No demand or acceptance of rent under this Section shall be deemed to be a consent or approval of the Lot rental or a waiver of the Owner's obligations as provided in the Declaration. The Board shall not exercise this power where a receiver has been appointed with respect to a Lot or Owner; nor in derogation of the exercise of any rights to rents by a the holder of a first lien security interest of a Lot. If an occupant or lessee fails or refuses to pay rent to the Association as provided for in this Section,the Association shall have the right to bring an action for unlawful detainer for non-payment of rent under Montana statutes, and the costs and attorney's fees incurred by the Association in connection with • 14 0 that action shall be collectable from the occupant or lessee in that action, and from the Owner of the Lot in the same manner as any other Assessment under this Declaration. • Section 6.8 Lien Priority . The lien of the Association under this Section is prior to all other liens and encumbrances on a Lot except: (1) liens and encumbrances recorded before the recordation of the Declaration; (2) a first lien security interest on the Lot(except as may be allowed by the Act with regard to a limited lien priority allowed to the Association); and (3) liens for real estate taxes and other governmental assessments or charges against the Lot. This Section does not affect the priority of mechanics' or materialmen's liens. The lien of the Association under this Article is not subject to the provision of any homestead exemption as allowed under state or federal law. Sale or transfer of any Lot shall not affect the lien for said Assessments or charges except that sale or transfer of any Lot pursuant to foreclosure of any first lien security interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the lien of Assessment charges as provided by applicable state law. No such sale, transfer, foreclosure, or any proceeding in lieu thereof, including deed in lieu of foreclosure, nor cancellation or forfeiture shall relieve any Lot from continuing liability for any Assessment charges thereafter becoming due, nor from the lien thereof. Section 6.9 Working . The Association shall require every Owner of each a Lot(other than Declarant)to make a non-refundable payment to the Association in an amount equal to three months of the annual Common Expense Assessment against that Lot in effect at the closing thereof, which sum shall be held,without interest, by the Association as a working fund. Said working fund shall be collected and transferred to the • Association at the time of closing of the initial sale by Declarant of each Lot, as aforesaid, and shall be for the use and benefit of the Association and fines. Such payment shall not relieve an Owner from making regular payments of Assessments as the same become due. Section 6.10 Owner's Negligence or Misconduct . In the event that the need for maintenance,repair, or replacement of the Common Elements, or any portion thereof, is caused through or by the negligent or willful act or omission or misconduct of an Owner, or the Owner's agents, employees, guests, customers, or invitees, then the expenses, costs, and fees incurred by the Association for such maintenance, repair, or replacement shall be a personal obligation of such Owner. If such expenses, costs and fees incurred by the Association are not repaid to the Association within seven days after the Association shall have given notice to the Owner of such expenses, costs, and fees, then the failure to so repay shall be a default by the Owner under the provisions of this Declaration. Such expenses, costs, and fees shall automatically become a default Assessment determined and levied against such Lot, and the Association may proceed in accordance with the applicable provisions of this Declaration. Section 6.11 Supplemental Assessments . The Association shall have the right to add to any Owner's Assessment as provided in this Article the following: 15 9 0 (a) those amounts expended by the Association for the benefit of any individual • Lot or any occupant thereof, including but not limited to: Lot insurance; improvement, repair, replacement and maintenance specific to a Lot; improvement, repair, replacement and maintenance caused by the negligent or willful acts of any Owner, his or her guest, employee, licensee, lessee or invitee as set forth in this Declaration; (b) any extraordinary maintenance, repair, improvement and replacement costs of any area which the Association maintains required on fewer than all the Lots; (c) all fines and costs assessed against an Owner pursuant to the Governing Documents; and (d) any other expenditures or charges which the Board, in its sole discretion, chooses to allocate to a Lot and are reasonably determined to be allocable to a particular Lot. Section 6.12 Borrowing . The Association shall have the power to assign its right to future income, including the right to assign its right to receive Common Expense Assessments, but only upon the affirmative vote of a majority of the Owners present and voting, in person or by proxy, at a duly constituted meeting called for that purpose. ARTICLE 7. • RESTRICTIONS ON USE,ALIENATION AND OCCUPANCY All Property within the Community shall be held, used and enjoyed subject to the following limitations and restrictions. The strict application of the following limitations and restrictions in any specific case may be modified or waived, in whole or in part, by the Executive Board or by an appropriate committee (subject to review by the Executive Board) if such strict application would be unreasonable or unduly harsh under the circumstances. Any such modification or waiver must be in writing or must be contained in written guidelines or rules. The following use restrictions are also subject to the Development Rights and Special Declarant Rights reserved by the Declarant. Section 7.1 Use of Lots/Occupang of Improvements on Lots . All Lots within the Community shall be used only for those uses and/or purposes as allowed by the local zoning, control and regulation. Occupancies may also be subject to any Rules and Regulations adopted by the Association. Lots shall not be used for any purpose other than a residential dwelling except as set forth in this Section. Home occupations shall be allowed so long as such use is incidental and secondary to the use of the Lot and does not change the residential character thereof and complies with local zoning ordinances and regulations. In no event shall external advertising, of any kind, be permitted. Uses which have one or more of the following characteristics are not permitted: (a) manufacturing or fabrication of any kind; (b) storage of hazardous materials; (c) increased traffic or parked vehicles beyond that reasonable and customary to a residential dwelling use; (d) permanent or long term parking of heavy equipment, including semi trailers; (e)the use or rental of • any structure on a Lot for any transient, hotel, motel, bed and breakfast, restaurant, bar or 16 other commercial purposes. In no instance shall a home occupation be visible externally, nor shall any home occupation employ any person other than the Owner. Section 7.2 Design Approval Required/Architectural Review Committee . Improvements to the Lot must first be approved by the Architectural Review Committee, except for any real property added to this Community by Declarant, as allowed for in this Declaration. Property added to the Community by Declarant may be exempt from this Article, initially, and for subsequent Improvements. Specifically, no structure,temporary building, trailer attachment, improvements, landscaping change shall be commenced, constructed, erected, placed or installed, including, but not limited to, a change in painting and/or staining of exterior siding, unless first submitted to and approved in writing by the Architectural Review Committee. No shed or other outbuilding shall be used or permitted to be kept or stored on any portion of a Lot, either temporarily or permanently, unless approved by the Architectural Review Committee. All additions to the Improvements on a Lot shall be of new construction. Section 7.3 Landscaping Covenants and Restrictions . All portions of a Lot not improved with a residence, driveway, walkways, patios or decks (referred to as the unimproved area of a Lot) shall be landscaped by and maintained, repaired, replaced and improved by the Owner. No Owner may make any changes to the landscaping without the prior written approval of the Association. Section 7.4 Plat Restrictions . The restrictions, if any, included on the plat for the Property are incorporated in this Declaration by this reference. Section 7.5 Lot Maintenance . (a) Owners are responsible for the maintenance,repair and replacement of the Improvements and properties located within their Lot boundaries which are not specifically the obligation of the Association to maintain, replace and keep in good repair, as set forth in other sections of this Declaration. (b) Each Lot, at all times, shall be kept well maintained, in good repair, and replacement, and in a clean, sightly and wholesome condition. (c) Trash, litter,junk, boxes, containers, bottles, cans implements, machinery, lumber or other building materials shall not be permitted to remain exposed upon or within any Lot so that the same are visible from any neighboring Lot, or any street, except as necessary during a period of construction. (d) During construction of or remodeling of Improvements on a Lot,the Owner and their contractors, if any, shall keep the Owner's Lot in a neat and maintained order, without construction debris on the Lot, and without debris blown or otherwise deposited or left elsewhere in the Community. (e) The Association and its agents, after 30 days notice to the Owner, shall have the authority to enter, replace, maintain, repair and clean up Lots which do not • conform to the provisions of this Section, and to charge and collect from the Lot . Owners thereof all reasonable costs related thereto as an Assessment hereunder. Section 7.6 Fences and Privacy Walls. Fences, and/or privacy walls must have prior written approval of the Architectural Review Committee. Section 7.7 Restrictions on Vehicles, Vehicular Parking Storage and Repairs . (a) Parking upon any Common Elements is prohibited. (b) The following may not be parked or stored within the Community, unless such parking or storage is only within a garage on a Lot or authorized in writing by the Association: (I.) List of precluded vehicles, trailers, etc: (1) oversized vehicles; (2) trucks or pickup trucks over 3/4 ton; (3) commercial delivery vans or delivery vehicles; (4) commercial vehicles; (5) vehicles with commercial writing on their exteriors; (6) trailers; (7) camping trailers; (8) boat trailers; • (9) hauling trailers; (10) boats or accessories thereto; (11) self-contained motorized recreational vehicles; or (12) other oversized types of vehicles or equipment as prohibited by rule or regulation. (ii.) Any of the foregoing may be parked temporarily, for not longer than 48 hours within any given month for loading, delivery of goods or services, or emergencies. (iii.) Overnight parking of the foregoing is prohibited. This restriction shall not apply to trucks or other commercial vehicles temporarily located within the Community which are necessary for construction or for the maintenance of any Common Elements, Lots, or any improvement located thereon. (c) No abandoned, unlicensed or inoperable automobiles or vehicles of any kind shall be stored or parked on a Lot or within the Community unless parked or stored within a garage. An "abandoned or inoperable vehicle" shall be defined by Montana statutes governing inoperable or abandoned vehicles on public streets, or as defined by rule or regulation adopted by the Association. In the event that the Association shall determine that a vehicle is an abandoned or inoperable vehicle, • then a written notice describing said vehicle shall be personally delivered mailed to �a 0 0 the Owner thereof or shall be conspicuously placed upon the vehicle. If the abandoned or inoperable vehicle is not removed within 72 hours after providing • such notice,the Association shall have the right to remove the vehicle, and the owner thereof shall be solely responsible for all towing, fines and storage charges. (d) No parked vehicle may impede the safe and efficient use of the streets by residents, obstruct emergency access to/from the Community, or interfere with the reasonable needs of other residents to use their driveway, including driveways that are shared by two, three or four Lots or Community streets. (e) No activity such as, but not limited to, maintenance, repair, rebuilding, dismantling, repainting, or servicing of any kind of vehicle, trailer or boat, may be performed or conducted outside of garages. (f) Parking in fire lanes (as designated by the Association or as designated by local government or a local fire protection authority) shall not be permitted. (g) If any vehicle is parked on any portion of the Community in violation of this Section or in violation of the Association's Rules and Regulations, the Board may place a notice on the vehicle specifying the nature of the violation and stating that after 72 hours the vehicle may be towed or booted. The notice shall include the name and telephone number of a person to contact regarding the alleged violation. A notice also shall be conspicuously placed at the Community stating the name and telephone number of the person or entity which will do the towing and/or booting hereunder. If 72 hours after such notice is placed on the vehicle the violation • continues or thereafter occurs again within six months of such notice, the vehicle may be towed or booted in accordance with the notice, without further notice to the vehicle owner or user. (h) If a vehicle is parked in a fire lane, is blocking another vehicle or access to another Owner's or occupant's Lot, is obstructing the flow of traffic, is parked on any grassy area, or otherwise creates a hazardous condition, no notice shall be required and the vehicle may be towed immediately. If a vehicle is towed in accordance with this subparagraph, neither the Association nor any officer or agent of the Association shall be liable to any person for towing and storage costs or for any claim of damage as a result of the towing activity. The Association's right to tow is in addition to, and not in limitation of all other rights of the Association, including the right to assess fines. Notwithstanding anything to the contrary in this Section, the Board may elect to impose fines or use other available sanctions, rather than exercise its authority to tow. Section 7.8 No Temporary Structures/Sheds . Except during construction of Improvements on a Lot, no trailer, mobile home, tent or shack or other temporary building or similar structure shall be placed upon any Lot. Sheds or storage areas may be allowed subject to application to the DRB and the Association. • 19 0 0 Section 7.9 Roof A1212aratus . No types of refrigerating, cooling or heating • apparatus shall be permitted on a roof or in a window, and no such apparatus shall be permitted elsewhere on a Lot, except when appropriately screened and approved by the DRB and Association. Section 7.10 No Wind Generators . No wind generators of any kind shall be constructed, installed, erected, or maintained on the Lots. Section 7.11 Clotheslines and Storage . No clotheslines, equipment or storage areas shall be so located on any Lot as to be visible from a street and/or public view. Section 7.12 Restrictions on Animals and Pets . (a) Pets may be kept in a home or on a Lot, if no more then two (2) Pets are kept if and the Pet is not a nuisance to other Owners or occupants. (b) No Owner or resident shall maintain or keep any Pet which, in the sole discretion of the Board, is considered to be a danger to the Owners, management staff or occupants in the Community or is otherwise considered to be a dangerous breed, as may be further defined in the Rules and Regulations. (c) If a Pet is deemed a nuisance by the Association,the Owner or person having control of the Pet shall be given a written notice to correct the problem and • if not corrected, that Owner will be required to remove the Pet from the Community, pursuant to, and in accordance with, any dispute resolution procedures as may be set forth in this Declaration or the Rules and Regulations, if any. (d) Pets may not be kept for any commercial purposes. (e) When on the Common Elements or outside of a home or off a Lot, Pets must be on a leash and under the control of the Owner of the Pet. (f) Feces left by Pets any where in the Community must be removed promptly by the owner of the Pet or the person responsible for the Pet. Owners in violation will be fined. t (g) Pets shall not be allowed to defecate or urinate on any patio or balcony in the Community. (h) Owners shall hold the Association harmless from any claim resulting from any action of their Pets. Section 7.13 Restriction on Further Subdivision of Lots . Lots in the Community may not be further subdivided into smaller or a larger tracts or Lots, without the written approval of the Board. • 0 0 Section 7.14 Nuisances . No nuisance shall be permitted within the Community, nor any use, activity or practice which is the source of unreasonable annoyance or • embarrassment to, or which unreasonably offends or disturbs, any Owner or which may unreasonably interfere with the peaceful enjoyment or possession of the proper use of a Lot or Common Elements, or any portion of the Community by Owners. Further, no improper, offensive or unlawful use shall be permitted within the Community or any portion thereof. As used in this Declaration, the term"nuisance" shall not include activities of Declarant or its assignees which are reasonably necessary to the development and construction of Improvements within this Community;provided, however, that such activities shall not reasonably interfere with any Owner's use and enjoyment of their Lot, or any Owner's ingress and egress to or from their Lot or a public way. Section 7.15 Use of Common Elements . There shall be no obstruction of the Common Elements, nor shall anything be kept or stored on any part of the Common Elements without the prior written approval of the Association. Nothing shall be altered on, constructed in, or removed from the Common Elements without the prior written approval of the Association. Section 7.16 Antenna . "Permitted Antennas" are defined as (a) an antenna which is less than one meter in diameter and is used to receive direct broadcast satellite service, including direct-to-home satellite services, or is used to receive or transmit fixed wireless signals via satellite; (b) an antenna which is less than one meter in diameter and is used to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instruction television fixed services, and • local multipoint distribution services or is used to receive or transmit fixed wireless signals other than via satellite; (c) an antenna which is designed to receive broadcast television broadcast signals; or(d) other antennas which are expressly permitted under applicable federal statutes or regulations. In the event a Permitted Antenna is no longer expressly permitted under applicable federal statutes or regulations, such antenna will no longer be a Permitted Antenna for purposes of this Section. Permitted Antennas shall be installed in the least conspicuous location available on a Lot which permits acceptable signals, without unreasonable delay or increase in the cost of installation, maintenance or use of the Permitted Antenna. The Association may adopt rules regarding location and installation of Permitted Antennas, subject to limitations of applicable federal law. Except as allowed by federal statutes and regulation, no exterior television or any other antennae, microwave dish, satellite dish, satellite antenna, satellite earth station or similar device of any type shall be erected, installed or maintained on a Lot. Section 7.17 No Unsightliness . All unsightly conditions, structures, facilities, equipment, objects and conditions shall be enclosed within an approved structure. Section 7.18 Restriction on Signs and Advertising Devices . No sign, poster, billboard, advertising device or display of any kind shall be erected or maintained anywhere within the Community except such one "for sale" or"for rent" signs and such other sign or signs as may be approved in writing by the Executive Board. • 21 Owner to sell, transfer Section 7.19 Restriction on Sale of a Lot . The right of an • or otherwise convey their Lot shall not be further restricted or subject to any right of first refusal or similar restriction. Section 7.20 No Restrictions on Mortgaging of a Lot . There are no restrictions, ,., on the right of the Owners to mortgage or otherwise encumber their Lot. There is no ; requirement for the use of a specific lending institution or particular type of lender. Section 7.21 Rules and Regulations . In furtherance of the provisions of this Declaration, and the general plan, Rules and Regulations concerning and governing the Community or any portion thereof may be adopted, amended, or repealed from time to time by the Executive Board, or its successors and assigns. The Executive Board may establish and enforce penalties for the infraction thereof. Section 7.22 Declarant's Use . Notwithstanding anything to the contrary contained in this Declaration, it shall be expressly permissible for Declarant, its assigns, employees and agents, and any others with reserved Development Rights (as and if allowed for under this Declaration)to perform such reasonable activities, and to maintain upon portions of the Community such facilities as deemed reasonably necessary or incidental to the construction and sale of Lots in the development of the Community, specifically including, without limiting the generality of the foregoing, the maintenance of temporary business offices, storage areas, trash bins, construction yards and equipment, signs, models, temporary sales offices,parking areas and lighting facilities. • Section 7.23 Use of the Words Baxter Meadows Central and Baxter Meadows Central Property Owners Association, Inc. No resident shall use the words Baxter Meadows Central or Baxter Meadows Central Property Owners Association, Inc. or the logo of the Community or Association, if any, or any derivative thereof, in connection with any goods, materials or services, the use of which is likely to cause confusion, mistake or fr ' deception as to the source or origin of such goods, materials or services, without the prior written consent of the Association. ARCMEE-T, REVIEW f F''Ix Fil a7 k Section 8 f 1+ Re uiredwAppro "a14 No,«str ctures qu:ing;;but not limited<<to; i .�, _ Ni �I ryi-ai.i�l rl'P. MMN. + b�' � .....uC�.iyw:aln S� rC�1r1'aiyr }vk'd {+,1 1 .a +�i primary residence; accessory-buildings,sheds,kaswmvnmgpoolsntennas, flagpoles; fences,'walls�`exter orl hgl tirig ;l'andscapm`g yard or'd`.11,iYgro'r'riament'gorny other Improvement"shallibe`corvnstructed erected oriiist`alledbn a Lot `nor sl`all any alteration or cliariYe to th' ekter'or of; h'e°I n flrouen ents the�extenor of a}residence t'o'a Lot or to an structure`or any,attagchrnerit'''to Jtl eGexter'ors oaf a�resldence�1`4heluC In r l"aillt'`awniri s y�/`.atlos 'S{ - ?'-h.'!i'• ylx'� 4��2 t4`y�i kl'kr� 'i',+ri�M' C �Y:if' Ykl4i'} �"�'�i( 4PII,fg 1p.�' I2 �1.Nos:: decks, or shutters) be commiencedlw�nthin,theYCommunity�unlesis{cornplete'plans and spec fications<shall-have'beeri�first�submitted to'arid�approye'd`°i`nirwnti`ng`by the Design Review,Bo.ardry`.`DRB"� EOnIY�liouse lhum,be s aiid�rria�l�lioxe�s;whi"ch��lave'been, ppa roped {a kV by the DRB'Shall bed usedFand maintaineornanyot,witlunythe Commumty The DRB rriayregwre that apphcatronsof° wrersiandtheirplans�andspecifications show exterior design;lies htA"m'aterial�s��color�`locati'on�'of the;sytruct'ure'ormad�dition toftlie structure„or • r•�s y+ � �' ���a h rl,Ie j.�'^-�'� A3f gym?� 'ti} �Sa,��+y A� �Kn ° s 8'h �S. w iy r �� .. . proposed Improyernent^(plotted honzontallyrand vertically)„location and�size of ...a....rn....m.. wn. .. 22 dn�eways; walls;{and�gradm' lan 'as welliasrsuch'other rnatenals and`,mformation as may' g p be re uired by the Committee Ali � � - • Section 8 2 Architeo. ctural, rrteria The DRB"'sha111'exer"cise rt`s reasonable judgment�to,tho�end;that allPyattac°hrr%ent§'ll nprovements,;construction,'landscapmig and alterations o�Irnpro�ernentst*�ortland�scap rigfof"a l ot?shall,comply'.111.1 the requirernentsrset;forth m thisDeclaration IITIhe approval or consent of the DRB on matters properly,,comingZ,efore;it ksliall;n�ot be,,'nreaso ably rwithheld and'actions taken shall not be arbitr"aryl REP priciWous ,,Irovlal;�sliall,leb�aseduK ion;but'riot Iliinited to,�conform , -:.�,dl',+!''fi Y,r , F Try �,rar 1 pt�,�,N !ha;'!a„"hF�u:v+he �r r'I—:j„ �i�t'�q {"4u r ``I�I��,:4!e 1,'yLL'� ) rz�:�E 4 dr and harmony of exten'orappearance;.ofsstruet�ureshuv�th°"neighbonng'stnuctures,,effectl�ye . ` location and`use'of,Improuementa'ori'nea'rly�LdoWts"Lpreservationtof aesthetic beauty and conformity withfhe:specifie�ations andpurposes�generallyf set�out;�m'tlus Declaration :, ,, , 4C y�!-a a ...:, to �t'rfr y.!I�: , .,,; Sections8"3f Establrshment ofthe Design°Review Boardt; The DRB shall consist s of a rnimmum;of three'members Uri til;hl'0;0%o'of a11Lots in;tlie''community have,been A corieyed by the�Declarant Declarant`shall appoint allmembers'of,therDRB and may remouean ,afa k'ointee�atklari time a'�'ori"writ�t`ewh6flce to'"such a r�yoir t'ee' .After;ex irafion Y::.pp,..:., Yr.. .:.. P. _ pP. p.. } �'vct::P.c�,,;; ,.:, It dl d•ir sfii�� + itil�ad '� Il�di� ��3, �M r 4 � i 'i 4' i t of Declarant s appomtmenUrights-A eli R may then�be,! ogrnpnsed,cornpletely of Lot Owners withoutregard� ogspecial qualifications sand lhe;membersH11 shall,then be appointed b tithe BMCP`°'A''Boardr'of�D°RE torsre�anrivall �sU�ritil fhatydate;Declarant 'm its''sole, Y� Y ° q ,........7� a d� tiF"•v ,p �. !,a,y�,� fr.Pst F+�,�' ii, discretion; may at anyut mewgxant the power�of°appomtment'lof theymernbers of the DRB; and�the chairman,thereof;!toaanother;,or5�to"the'A�'ssoci'ation�}�Notwrtlistandmg - a ?ointments�shall be for sta `'"erect terms of'a eardiffererit in termination s'o as to rourde Pp p... .. reasori'alle�contiriuityyy�`to tlie�arclutectural�re�iew�process .._air:._ �d dt 1 L • :. Section+8'4�,-��Archrtectural�VGwdelmes���ThehCommil,tteemay,,prop4ose' archrtecturalrguidehnes fromatlme',to,time,�which�guidelmes,may�be'approued,by the' d 4 Board,and,mcludedrm oriwrthanyiRulesand�Regulations,of,4the Assgciaton,, , 1 r ,: f ry x ? C Section 8 5 Reply and Communication The Committee shall reply to all l 4',?rt P din. w it{ ,^li��,4! I,,n ' I, , y submittals�yof plans made,m accordancei{herewithm writing wt1un430,daysafter receipt Ir the event"the4AArcliiteetur'alwwReuiew C'o'mmirft zfallslto taWe 'n'"acPtion on submitted) laris ?. h:...+::..x ., .. a... ... d... .f•'p,�,..r. r1vu,:l,'r h,U„!'_ .:n A. w,,.,,;•:;: +.-,u,.y;r,z:•;tjl:;l Tt,, ,;;,;,;;,,,;;;n,,av,e;,`;!;�,:E2:::::;y;:a,. "rvh t�w { �a .}@:�, ° � °r 1 P d`��Jp�f W,u al� t�d 4�5 7:'W,a Nf°��Cy,d 34�J-t;d �i a r , �, , R f ! I „ � •.,: .•....-. _lie andlsp°eefications witlun3�0days after;they{foram�tteehasNrecei�ledrthe°plansf and specifications, approualLsh"all b`e deeme'data,be deriied,'prouided,,,howeyer,even if the ° F! du {�i !I # W� t° I .��; u , w , requirements of this,Section"Hare satis16,d nothing in rtlus�Seeton,shall,authonze anyone to construct or mamtaui6any4structure oraImprokuemeritNEa"'pis?'otherwiserm'�iolation of the ! i a i 4 , ° ,h u rr f, h.� . I!H G y �R r; Ig 'C' t Ili tUP d h, i dir, f, a y Declaration, architectural��guidehnesror Ruleskan �hZeguationsltthen n�effect } Y.All commur ieations'an`d sub"jltl�`"sli'allhlbe"°addr'esse"d to 5the D„RB such�address'as the 4, rMs�4�wry41F^N,!IiS a u:PIgilk` ,.:{.::. �. chairmanXof the4Committee�Islallhereafter;desgnate,m wrimg�addressed and mailed to the. _Y. _....._.... Owners t ,iP �� .ti r qti� I .L C,� �r j y,,, tipN;f {,� ,, u , r Section!8'i'6 , Variances, °�The-ORM��may rgrantareasonable variances or ad�ustrrientsdfrorii�any�condi'tionsand rest%ictignsriiripo�sed�by tliis;�Declaration�m order to oyercome�practicandifficulties"�aridaa'unnecuN. ss`aryl'ar�dsliips.'aismg'by reas�o'n'of°the application of th'etcond'itionsVand�resrtnct ons;containe i� ri these coyenarits,'or m archrtecturral:guidelines�;Sueli,��ariaricesor adjustinents�shallll;be grantedorily when the Iit Iid grantmg,thereof hall not,be materially detnmentalor in�unqus to the other Lots or 23 ;II Common Elements nor deviate substantially from the general intent and purpose'of this • Declaration. Section 8.7 Right to Appeal .. An Owner may appeal any decision of the DRB to the Board. The Board shall.review the decision of the DRB pursuant to the.criteria set forth in this Declaration and the architectural guidelines. ,Any decision of the DRB may.be overruled and reversed.by,a,majority:of the,Directors by a written decision'setting forth the reasons for.the reversal.when the.Directors conclude that the DRB's 1 decision'was inconsistent with,the criteria set forth in this'Article and the:guidelines. Section 8 8 Waivers : The approval or,consent of the DRB- or appointed representative thereof, to any application,for architectural;approval shall not be deemed to constitute a waiver of any right to hold or deny approval or consent by the DRB.as to any application or other matters. subsequently or additionally submitted for approval,or consent. Section 8:9. Liabili The DRB and'the members thereof,as well as any representative Hof the Board designated to act on its behalf, shall not be liable in damages to any person submitting requests for approval or to approval, or failure to approve or disapprove in.regard to any matter within its jurisdiction under these covenants. Section 8.10 Records . The DRB shall maintain written records:'of.all applications submitted to it and of all actions taken by it,with respect thereto: Such:records shall be open,and available for.inspect ion by.any interested party during reasonable hours • of the,business day; Section 8 11: ` Enforcement Enforcement of these covenants, restrictions,charges and other provisions, as amended, may:be by,any proceeding at law or,in equity against any person or,persons violating or attempting to violate any such.provision .The Association shall have the'right butnot,the,obligation to institute, mainiam and prosecute any such proceedings 'in:"'any action instituted-or maintained under this Section;the Association shall'be entitled to recover its costs and_reasonable attorney fees incurred pursuant thereto,as.well as any,and all other sums awarded by the court. Failure of.the Association to enforce any:eovenant;or restriction contained in this'Sectioft shall'in no pvent be deemed a waiver.'of the fight to. thereafter: ARTICLE 9. DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS Section 9.1 Development Rights and Special Declarant Rights . The Declarant reserves, through seven years after the recording of this Declaration, the following Development Rights and Special Declarant Rights: (a) the right to relocate boundaries between adjoining Lots owned by the Declarant, subdivide Lots owned by Declarant or complete or make improvements, as the same may be indicated on Maps or Plats filed of record; • (b) the right to enlarge or reduce the Common Elements and to create additional Lots, subject to the limitations set forth in Section 4.1 of this Declaration; 24 0 0 (c) the right to add Lots and to subject all or any part of the property described in Exhibit B attached hereto and hereby incorporated by reference and additional • unspecified real estate to the provisions of this Declaration subject to the limitations set forth in this Declaration; (d) the right to exercise any additional reserve right created by any other provision of this Declaration; (e) the right to withdraw Lots owned by Declarant from the Community and the terms of this Declaration, except for lots with dwellings once a dwelling on that Lot has been conveyed, and with the withdrawal rights of the Declarant. Such withdrawal may be accomplished by the execution, acknowledgment and recordation of a notice of withdrawal. The notice of withdrawal (I) shall be executed and acknowledged by the Owner or Owners of the property to be withdrawn; (ii) shall, if not then owned by Declarant, contain the executed and acknowledged written consent of Declarant for so long as Declarant owns any property in the Community and has the power to annex additional property to the Community; (iii) shall contain an adequate legal description of the property to be withdrawn; (iv) shall contain a reference to the Supplemental Declaration for the portion of the Real Property to be withdrawn, which reference shall state the date thereof and the date of recordation thereof, and (v) shall contain a statement and declaration that the property sought to be withdrawn is withdrawn from the Community and from the effect of this Declaration; (f) the right to amend the use restrictions included in this Declaration, together • with the right to add new use restrictions; (g) the right to amend the Declaration in connection with the exercise of any development right; (h) the right to amend the Maps or Plats in connection with the exercise of any development right; (I) the right to make amendments to the Declaration, Bylaws or Articles of Incorporation to meet or comply with any requirement of FHA or VA; and 0) the rights reserved to Declarant, for itself, its successors and assigns, shall expire as set forth above, unless (I)reinstated or extended by the Association, subject to whatever terms, conditions, and limitations the Board may impose on the subsequent exercise of the expansion rights by Declarant, (ii) extended as allowed by law, or (iii)terminated by written instrument executed by the Declarant, recorded in the real property records of the Gallatin County. Section 9.2 Additional Reserved Ri hg_ts . In addition to the rights set forth above, Declarant also reserves the following additional rights: (a) Sales. The right to maintain mobile and other sales offices,parking lots, management offices and models on Lots of the Declarant. • 25 (b) Construction Easement. Declarant and its assignees expressly reserve to itself the right to perform warranty work, and repairs and construction work, and to store materials in secure areas, in Lots and in Common Elements, and the future right to control such work and repairs and the right of access thereto, until completion. All work may be performed without the consent or approval of any Owner or holder of a security interest. Declarant and its assignees have such an easement through the Common Elements as may be reasonably necessary for exercising reserved rights in this Declaration. Such easement includes the right to construct underground utility lines, pipes, wires, ducts, conduits, and other facilities across the Property. Section 9.3 Rights Transferrable/Rights Transferred . Any rights created or reserved under this Article or the Act for the benefit of Declarant may be transferred to any person by an instrument describing the rights transferred recorded in the real property records of the Gallatin County. Such instrument shall be executed by the transferor Declarant and the transferee. Any rights created or reserved under this Article or the Act for the benefit of Declarant may also be transferred to the Association by an instrument describing the rights transferred recorded in the real property records of the Gallatin County. Such instrument shall be executed by the transferor Declarant and the Association as transferee. Section 9.4 No Further Authorizations Needed : Except as set forth in this Declaration, the consent of Owners or holders of security interests shall not be required for • exercise of any reserved rights, and Declarant or its assignees may proceed without limitation at its sole option. Declarant or its assignees may exercise any reserved rights on all or any portion of the property in whatever order determined. Declarant or its assignees shall not be obligated to exercise any reserved rights or to expand the Community beyond the number of Lots initially submitted. Section 9.5 'Amendment of the Declaration or Plat . If Declarant or its assignees elect to exercise any reserved rights, including amendment or supplement of this Declaration or the Plat,that party shall comply with applicable provisions of the Act. Section 9.6 Interpretation . Recording of amendments to the Declaration and the plat or plats pursuant to reserved rights in this Declaration shall automatically effectuate the terms and provisions of that amendment. Further, such amendment shall automatically (a) vest in each existing Owner the reallocated Allocated Interests appurtenant to their Lot, and (b)vest in each existing security interest a perfected security interest in the reallocated Allocated Interests appurtenant to the encumbered Lot. Further, upon the recording of an amendment to the Declaration, the definitions used in this Declaration shall automatically be extended to encompass and to refer to the Community as expanded and to any Additional Improvements, and the same shall be added to and become a part of the Community for all purposes. All conveyances of Lots after such amendment is recorded shall be effective to transfer rights in all Common Elements, whether or not reference is made to any Amendment of the Declaration or Plat. Reference to the Declaration and Plat in any instrument shall be deemed to include all Amendments to the Declaration, and the • Plat without specific reference thereto. 26 0 0 Section 9.7 Construction . Subsequent to the initial Property and improvements made subject to this Declaration, any additional buildings, structures and types of improvements to be placed on the Property or any part thereof may be of such quality and type as the persons developing the same may determine, and those improvements need not be of the same quality or type as the Improvements previously constructed on the Property, nor of the same size, style or configuration. The improvements may be located anywhere in the Common Elements of the Community,the same being reserved for future development, or on the additional Property as may be added or as shown on the Plat. Section 9.8 Termination of Reserved Rights . The rights reserved to Declarant, for itself, its successors and assigns, shall expire as set forth above, unless (I) reinstated or extended by the Association, subject to whatever terms, conditions, and limitations the Executive Board may impose on the subsequent exercise of the expansion rights by Declarant, (ii) extended as allowed by law or, (iii) terminated by written instrument executed by the Declarant, recorded in the records of the Clerk and Recorder of the Gallatin County, State of Montana. ARTICLE 10. INSURANCE/CONDEMNATION Section 10.1 Insurance to be Carried by the Association . The Association shall obtain and maintain in full force and effect to the extent reasonably available, and at all times, the insurance coverage set forth in this Declaration, which insurance coverage shall be provided by financially responsible and able companies duly authorized to do business • in the State of Montana. All insurance purchased by the Association shall be purchased from companies with ratings of"A" or better, to the extent that insurance is available at reasonable cost to the Association through such companies. Section 10.2 Real Prope!V Insurance of Owners on their Homes . Each Owner is advised to obtain insurance providing all risk coverage or the nearest equivalent available for the full replacement cost, without deduction for depreciation, for all insurable improvements located on their Lot. Such insurance should include furnishings and personal or other property in the home and liability insurance for injury, death or damage in the home or upon the Lot. Section 10.3 Liability Insurance of the Association . The Association shall obtain a comprehensive policy of public liability and property damage liability insurance covering all of the Common Elements, in such limits as the Board may from time to time determine, but not in any amount less than$1,000,000.00 per injury,per person, and per occurrence, and in all cases covering all claims for bodily injury or property damage. Coverage shall include, without limitation, liability.for personal injuries, operation of automobiles on behalf of the Association, and activities in connection with the ownership, operation, maintenance and other uses of the Lots and the Common Elements. The foregoing liability insurance shall name the Association and the management company as the insureds. Section 10.4 Fidelity Insurance of the Association . The Association shall obtain fidelity coverage or fidelity bonds to protect against dishonest acts on the parts of its • 27 • 0 officers, directors, trustees, volunteers and employees and on the part of all others who • handle or are responsible for handling the funds of the Association, including persons who serve the Association with or without compensation. The clause "officers, directors, trustees and employees" shall not include any officer, director, agent or employee of any independent, professional manager or managing agent heretofore or hereafter employed by the Association. The fidelity coverage or bonds should be in an amount sufficient to cover the maximum funds that will be in the control of the Association, its officers, directors, trustees and employees. If the Association retains a Managing Agent,the Managing Agent shall be required to provide such fidelity insurance covering itself and its employees and naming the Association as the loss payee. Section 10.5 Workers Compensation of the Association . The Association shall obtain and maintain workers' compensation and employer's liability insurance and all other similar insurance with respect to employees of the Association in the amounts and in forms now or hereafter required by law. Section 10.6 Director and Officer Liability Insurance of the Association . The Association shall purchase directors' and officers' insurance in an amount reasonably necessary to protect the directors and officers and include management company. Section 10.7 Other Insurance of the Association . The Association may obtain insurance against such other risks, of similar or dissimilar nature as it shall deem appropriate with respect to the Association's responsibilities and duties. Section 10.8 Miscellaneous Terms Governing,Insurance Carried by the • Association. The Association shall maintain,to the extent reasonably available and necessary, policies with the following terms or provisions: (a) All policies of insurance shall contain waivers of subrogation and waivers of any defense based on invalidity arising from any acts of an Owner and shall provide that such policies may not be canceled or modified without at least 45 days prior written notice to all of the Owners, holders of First Mortgages and the Association. (b) If requested, certificates of insurance and renewals thereof, together with proof of payments of premiums, shall be delivered to all First Mortgagees at least 10 days prior to expiration of the then current policies. (c) All liability insurance shall be carried in blanket form naming the Association, the Board, the manager or managing agent, if any, and the officers of the Association, as insureds. (d) Prior to renewing casualty insurance and not less than every three years, pursuant to the provisions hereof,the Board may obtain an appraisal from a duly qualified real estate or insurance appraiser, which appraiser shall reasonably estimate the full replacement cost of the Townhouses and the Common Elements, without deduction for depreciation,review any increases in the cost of living, and/or consider other factors, for the purpose of determining the amount of the • insurance to be effected pursuant to the provisions hereof. In no event shall any casualty insurance policy contain a co-insurance clause. 20 0 . (e) All policies of insurance shall provide that the insurance thereunder shall be invalidated or suspended only in respect to the interest of any particular Owner guilty of a breach of warranty, act, omission, negligence or non-compliance of any provision of such policy, including payment of the insurance premium applicable to the Owner's interest, or who permits or fails to prevent the happening of any event, whether occurring before or after a loss, which under the provisions of such policy would otherwise invalidate or suspend the entire policy, but the insurance under any such policy, as to the interests of all other insured Owners not guilty of any such act or omission, shall not be invalidated or suspended and shall remain in full force and effect. Section 10.9 Insurance Premium . Except as assessed in proportion to risk, insurance premiums for the above provided insurance shall be a Common Expense to be included as a part of the annual Assessments levied by the Association. Section 10.10 Managing Agent Insurance . The manager or managing agent, if any, shall be insured for the benefit of the Association, and shall maintain and submit evidence of such coverage to the Association, including workers' compensation, unemployment and fidelity coverage. Section 10.11 Waiver of Claims Against Association. As to all policies of insurance maintained by or for the benefit of the Association and Owners,the Association and the Owners hereby waive and release all claims against one another and the Board, to • the extent of the insurance proceeds available, whether or not the insurance damage or injury is caused by the negligence of or breach of any agreement by these persons. Section 10.12 Adjustments by the Association . Any loss covered by an insurance policy described above shall be adjusted by the Association, and the insurance proceeds for that loss shall be payable to the Association, and not to any first mortgagee. The Association shall hold any insurance proceeds in trust for the Association, Owners and first mortgagees as their interests may appear. The proceeds must be distributed first for the repair or restoration of the damaged property, and the Association, Owners and first mortgagees are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the damaged property has been completely repaired or restored. If the insurance proceeds are insufficient to cover the cost of repair or reconstruction, the Association may levy a Special Assessment to cover the short fall (or deductible)pursuant to this Declaration. Section 10.13 Claims . The Board may, in its discretion, choose to submit a claim under the Association's insurance policy. If a claim is submitted,the payment of the deductible amount for claims which the Association is responsible for insuring shall be as follows: (a) The Association shall pay or absorb said deductible for any work, repairs or reconstruction for damage incurred to Common Elements or an area for which the Association has a maintenance responsibility, or for damage to Common Elements • 29 0 0 or any area which the Association maintains that originates in the Common Elements or an area that the Association maintains, or for damages to the Common Elements or an area which the Association maintains which originates from natural causes, unless said damage is caused by the negligent or willful act or omission of an Owner, his family, guests, or invitees; provided, however, the Association may levy a Special Assessment against all Owners to cover the deductible as provided in this Declaration. (b) The Owner shall pay or absorb said deductible for any work, repairs, reconstruction or replacement for damage incurred to his or her Lot, to the Common Elements, or to any area that the Association maintains, as the Association shall, in its sole discretion, determine to be the responsibility of the Owner. (c) If a Lot or Party Wall is damaged,then the Owner of that Lot or the Owners sharing the Party Wall shall have primary responsibility, either directly or through his insurance company, for handling and paying for, any work, repairs, reconstruction or replacement. Section 10.14 Insurance Assessments . If the proceeds of insurance are not sufficient to defray the costs of reconstruction and repair due to deductibles allocated to the Association or failure of the Association to maintain coverage to defray costs of repair and reconstruction which in the absence of insurance would be the maintenance responsibility of the Association, the deductible or additional cost shall be a Common Expense. This • Assessment shall not be considered an Assessment as discussed in this Declaration and shall not require any vote or ratification of the Owners. Notwithstanding the Special Assessment procedure set forth this Declaration,the insurance Assessment shall be ratified unless vetoed by 90% of the Members and as set forth in the Bylaws, as the Bylaws may be amended from time to time. Section 10.15 Association as Attorney-in-Fact . Each Owner hereby irrevocably appoints the Association as the Owner's true and lawful attorney-in-fact for the purposes of dealing with any improvements covered by insurance written in the name of the Association pursuant to this Article upon their damage or destruction as provided in this Declaration, or a complete or partial taking or condemnation as provided in this Declaration. Acceptance by a grantee of a deed or other instrument of conveyance conveying any portion of the Property shall constitute appointment of the Association as the grantee's attorney-in-fact, and the Association shall have full authorization, right, and power to make, execute, and deliver any contract, assignment, deed, waiver, or other instrument with respect to the interest of any Owner which may be necessary to exercise the powers granted to the Association as attorney-in-fact. Furthermore, if so requested, an Owner shall execute a separate instrument specifically setting forth this appointment. 30 ARTICLE 11. GENERAL PROVISIONS • Section 11.1 Compliance and Enforcement . (a) Every Owner and occupant of a Lot shall comply with the Governing Documents, and each Owner shall have the right to enforce the covenants and restrictions, as set forth in this Declaration. (b) The Association, acting through the Board, may enforce all applicable provisions of this Declaration, and may impose sanctions for violation of the Governing Documents. Such sanctions may include, without limitation: (i) imposing reasonable monetary fines, after notice and opportunity for a hearing, which fine shall constitute a lien upon the violator's Lot. (In the event that any occupant, guest, or invitee of a Lot violates the Governing Documents and a fine is imposed, at the Board's discretion,the fine may first be assessed against the violator; provided, however, if the fine is assessed against the violator and is not paid by the violator within the time period set by the Board,the Owner shall pay the fine upon notice from the Board and the opportunity for a hearing have been provided); (ii) suspending the right to vote; (iii) exercising self-help (including, but not limited to, performing such maintenance responsibilities which are the Owner's responsibility under this • Declaration and assessing all costs incurred by the Association against the Lot and the Owner as an Assessment) or taking action to abate any violation of the Governing Documents; (iv) requiring an Owner, at the Owner's expense,to remove any structure or Improvement on such Owner's Lot in violation of the Governing Documents and to restore the Lot to its previous condition and, upon failure of the Owner to do so, the Board or its designee shall have the right to enter the property, remove the violation and restore the property to substantially the same condition as previously existed, at the Owner's expense, and any such action shall not be deemed a trespass; (v) without liability to any person, the Association precluding any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to comply with the terms and provisions of this Declaration from continuing or performing any further activities in the Community; (vi) levying specific Assessments to cover costs incurred by the Association to bring a Lot into compliance with the Governing Documents; and (vii) bringing suit at law or in equity to enjoin any violation or to recover monetary damages or both. , 31 (c) In addition to any other enforcement rights, if an Owner fails to properly perform his or her maintenance responsibility, or otherwise fails to comply with the • Governing Documents,the Association may record a notice of violation against the Owner and the Lot. (d) All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the Governing Documents, the prevailing party shall be entitled to recover all costs, including, without limitation, attorney fees and court costs, reasonably incurred in such action. (e) The decision of the Association to pursue enforcement action in any particular case shall be left to the Board's discretion, subject to the duty to exercise judgment and be reasonable, as provided for in this Declaration, and further restricted in that the Board shall not be arbitrary or capricious in taking enforcement action. A decision of the Association to pursue enforcement action shall not be construed as a waiver of the Association's right to enforce such provisions at a later time under other circumstances or preclude the Association from enforcing any other covenant, restriction or rule. Without limiting the generality of the foregoing, the Board may determine that, under the circumstances of a particular case: (i) the Association's legal position is not strong enough to justify taking any or further action; (ii) the covenant, restriction or rule being enforced is, or is likely to be • construed as, inconsistent with applicable law; or (iii) that it is not in the Association's best interests, based upon hardship, expense or other reasonable criteria,to pursue enforcement action. Section 11.2 Severability . Each of the provisions of this Declaration shall be deemed independent and severable. If any provision of this Declaration or the application thereof to any person or circumstances is held invalid,the invalidity shall not affect other provisions or applications of this Declaration which can be given effect without the invalid provisions or applications. Section 11.3 Term of Declaration . The covenants and restrictions of this Declaration shall run with and bind the land in perpetuity. Section 11.4 Amendment of Declaration, Map or Plat by Declarant . If Declarant shall determine that any amendments to this Declaration or the Plat shall be necessary in order to make non-material changes, such as for the correction of a technical, clerical or typographical error or clarification of a statement or for any changes to property not yet part of the Community, then, subject to the following sentence of this Section, Declarant shall have the right and power to make and execute any such amendments without obtaining the approval of any Owners. Each such amendment of this Declaration shall be made, if at all, by Declarant prior to the expiration of seven years from the date this Declaration is recorded. In furtherance of the foregoing, a power coupled with an interest • is hereby reserved and granted to Declarant to make or consent to an amendment under this section on behalf of each Owner and holder of a security interest. Each deed, security 32 interest, other evidence of obligation or other instrument affecting a Lot and the acceptance thereof shall be deemed to be a grant and acknowledgment of, and a consent to the reservation of,the power of Declarant to make, execute and record an amendment under this Section. • Section 11.5 Amendment of Declaration by Owners . Except as otherwise provided in this Declaration, and subject to provisions elsewhere contained in this Declaration requiring the consent of Declarant or others, any provision, covenant, condition, restriction or equitable servitude contained in this Declaration may be amended, revised,removed or repealed, and new provisions, covenants, conditions, restrictions or equitable servitudes may be added, at any time and from time to time upon approval of Owners holding at least 67% of the votes in the Association and with the written consent of the Association. Notice of any meeting at which a proposed amendment will be considered shall state the fact of consideration and the subject matter of the proposed amendment. The amendment or repeal shall be effective upon the recordation in the office of the Clerk and Recorder of the Gallatin County, State of Montana of a certificate setting forth the amendment in full and certifying that the amendment has been approved as set forth above, and containing the written consent and approval of the Association. Section 11.6 Amendment Required by Mortgage Agencies . Prior to seven years after recording of this Declaration, any provision, covenant, condition, restriction or equitable servitude contained in this Declaration which a holder of a first lien security interest, or FHA, VA, FHLMC, GNMA,FNMA or any similar entity authorized to insure, guarantee, make or purchase mortgage loans requires to be amended or repealed may be amended or repealed by Declarant or the Association. Any such amendment or repeal shall be effective upon the recordation in the office of the Clerk and Recorder of the Gallatin • County, State of Montana of a certificate setting forth the amendment or repeal in full. Section 11.7 FHA/VA Approval . As long as the Declarant has the right to appoint and remove officers and directors of the Association, the following actions shall require the prior approval of the VA(so long as the VA is guaranteeing any Mortgage in the Community), and FHA(so long as FHA is insuring any Mortgage in the Community): annexation of additional property to the Community; mergers and consolidations; dedication of Common Property to any public entity; dissolution; mortgaging of Common Property, and material amendment of the Declaration, Bylaws or Articles of Incorporation. Section 11.8 Captions . All captions and titles used in this Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise affect that which is set forth in any paragraph, section or article hereof. Section 11.9 Interpretation . The provisions of this Declaration shall be construed to effectuate their purposes of creating a uniform plan for promoting and effectuating the fundamental concepts as set forth in this Declaration. The Executive Board shall have the authority to interpret the meaning of any provision contained in this Declaration. Section 11.10 Singular Includes the Plural . Unless the context otherwise requires, the singular shall include the plural, and the plural shall include the singular, and each gender referral shall be deemed to include the masculine, feminine and neuter. • 33 s 0 IN WITNESS WHEREOF, the Declarant'has caused this Declaration to be executed by its duly authorized agent this day of , 20_ BAXTER MEADOWS WEST LLC, a Montana limited liability company, By: Authorized Agent STATE OF MONTANA ) ss. COUNTY OF ) The foregoing Declaration was acknowledged before me by , as Authorized Agent, of Baxter Meadows West LLC, this day of , 20_ Notary Public Resides in My commission expires: • 34 EXHIBIT A DESCRIPTION OF PROPERTY Lots and , BAXTER MEADOWS WEST FILING NO. , County of Gallatin, State of Montana Property may be added by exercise of reserved development rights, as set forth in this Declaration. Property added to the Community may be subject to the following easements and interests of record: 1. Plat of Baxter Meadows West Filing No. ; as amended and supplemented of record; 2. The Master or Community Declaration for the Baxter Meadows Master Community. 3. 4. Other instruments of record. • • EXHIBIT D • INITIAL COMMON ELEMENTS TRACT BAXTER MEADOWS WEST FILING 140. , County of Gallatin, State of Montana • • 36 y EXHIBIT E Y INITIAL LIMITED COMMON ELEMENTS • ,r None. f • 37 0 • AFTER RECORDING PLEASE RETURN TO: ORTEN&HINDMAN, P.C. • 11901 W. 48`h Avenue Wheat Ridge, Colorado 80033-2166 Attn: JCMO • 30 BYLA WS OF BARTER MEADOWS CENTRAL PROPERTY OWNERS ASSOCIATION, INC. BYLAWS . OF BAXTER MEADOWS CENTRAL PROPERTY OWNERS ASSOCIATION, INC. ARTICLE 1 INTRODUCTION,PURPOSES AND DEFINITIONS Section 1.1 Introduction . These are the Bylaws of Baxter Meadows Central Property Owners Association, Inc. (the"Association"), which Association operates under the Montana nonprofit corporate law, as amended, and applicable portions of the Montana state statutes as apply to planned communities (the "Act"). Section 1.2 Purposes . The purposes for which the Association was formed are to preserve and enhance the value of the properties of Members and to operate, govern, manage, supervise and care for the Common Interest Community and the Common Area of"Baxter Meadows Central" (the "Community"), situated in Gallatin County, State of Montana, as the Community was created pursuant to the Declaration and Map. Section 1.3 Definitions . Terms used herein shall have the meanings set forth in the Declaration, unless expressly defined herein. • ARTICLE 2 MEMBERSHIP Section 2.1 Membership . Every person or entity who is a record owner of a Lot which is subject to the Declaration shall be a Member of the Association. Members shall be of such classes, if any, established by the Declarant, or established in the Declaration, as the Declaration is amended from time to time. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership of a Lot shall be the sole qualification for membership. Each Member shall be allocated votes pursuant to the Declaration. Section 2.2 Suspension of Member Rights . During any period in which a Member shall be in default in the payment of any Common Expense Assessment levied by the Association,the voting rights of such Member shall be deemed suspended by the Executive Board, without notice or hearing,until such Assessment has been paid. Voting rights and use rights of an Owner may also be suspended, after notice and the opportunity for a hearing, for a period not to exceed 60 days or during any period of violation of any other provision of the Governing Documents, whichever is greater. • i • ARTICLE 3 MEETINGS OF MEMBERS Section 3.1 Annual Meetings . An annual meeting of the Members shall be held during each of the Association's fiscal years, at such time of the year and date as determined by the Executive Board and set forth in the notice. At these meetings,the Directors shall be elected by ballot of the Members, in accordance with the provisions of these Bylaws, the Declaration and Articles. The Members may transact other business as may properly come before them at these meetings. Failure to hold an annual meeting shall not work a forfeiture or dissolution of the Association. Section 3.2 Special Meetings . Special meetings of the Association may be called by the President, by a majority of the members of the Executive Board or by the Secretary upon receipt of a petition signed by Owners comprising at least 20% of the votes in the Association. The form of notice, date, time and place of the meeting shall be determined by the Board. If a notice for a special meeting demanded pursuant to petition is not given by the Secretary within 30 days after the date the written demand or demands are delivered to the Secretary, the person signing the demand or demands may set the time and place of the meeting and give notice,pursuant to the terms of these Bylaws. Any meeting called under this Section shall be conducted by the President of the Board, or in his/her absence, a person chosen by a majority of the Board. • Section 3.3 Budget Meeting . Meetings to consider proposed budgets shall be called in accordance with the Declaration. The budget process allows for a veto by a percentage of the membership of a proposed budget adopted by the Executive Board. The budget process to be followed is as follows: (a) Effective the first full fiscal year after these Bylaws are adopted and become effective, and for each year thereafter,the Executive Board of the Association is to prepare and approve a proposed budget at least annually. Each such proposed budget is first prepared and approved by the Executive Board as a proposed budget. (b) Then, within 90 days after the Board of Director's adoption of the proposed budget,the Executive Board must mail or deliver a summary of the proposed budget to those entitled to vote and set a date for a special or annual meeting to consider ratification of the proposed budget. (c) Notice for the meeting at which the budget will be considered must be mailed not less than 10 days nor more than 50 days before the meeting. (d) At the meeting, unless Owners holding a majority of the total Association vote to reject the proposed budget,the proposed budget is ratified and becomes the approved budget of the Association. • 2 (e) A quorum is not required at the meeting if the meeting is just a budget • meeting. If the meeting is also an annual meeting at which other business is to be conducted, a quorum is required for other business to be conducted at the annual meeting, but not for ratification of the budget. (f) In the event the proposed budget is rejected by a majority vote,the budget last ratified is continued until such time as a subsequent budget proposed by the Executive Board is ratified. Section 3A Notice of Meetings . Written notice of each meeting of Members shall be given by or at the direction of the Secretary or person authorized to call the meeting, by mailing a copy of such notice,postage prepaid, or by personal delivery, at least 10 days before, but not more than 50 days before such meeting, to each Member entitled to vote, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting and, in the case of a special meeting,the purpose of the meeting. No matters shall be heard nor action adopted at a special meeting except as stated or allowed in the notice. Section 3.5 Owner Addresses for Notices . Unless an Owner shall have notified the Association by registered or certified mail of a different address, any notice required to be given, or otherwise given by the Association under these Bylaws to any Owner or any other written instrument to be given to any Owner, may be mailed to such • Owner in a postage prepaid envelope and mailed by first-class, registered or certified mail to the address of the Lot shown upon the Association's records as being owned by such Owner. If more than one (1) Owner owns a particular Lot,then any notice or other written instrument may be addressed to all of such Owners and may be mailed in one envelope in accordance with the foregoing. Any notice or other written instrument given by the Association in accordance with the foregoing will be deemed to have been given on the date that it is mailed. Section 3.6 Place of Meetings . Meetings of the Members shall be held in the Community, or in the Gallatin County area, and may be adjourned to a suitable place convenient to the Members, as may be designated by the Executive Board or the President. Section 3.7 Quorum of Members . The presence at a meeting of Members, in person or by proxy, of Members entitled to cast 25% of all the votes shall constitute a quorum for any action except as otherwise provided in the Articles, Declaration and these Bylaws. If the required quorum is not present at a meeting, the Members who are present shall have power to adjourn the meeting from time to time (to a later date) without notice other than announcement at the meeting until a quorum shall be present or represented. Next meeting the quorum requirement should be reduced by half. • 3 • Section 3.8 Adjournment of the Meeting . By majority vote (as provided herein), any meeting of the Owners may be adjourned to another time and place or to a time and place to be designated by notice. Section 3.9 Member Voting . At all meetings of Members, each Member may vote in person or by proxy. If only one of several Owners of a Lot is present at a meeting of the Association, the Owner present is entitled to cast the vote allocated to the Lot. If more than one of the Owners is present, the vote allocated to the Lot may be cast only in accordance with the agreement of a majority of those Owners. Majority agreement exists if any one of the Owners casts the vote allocated to the Lot without protest being made promptly to the person presiding over the meeting by another Owner of the Lot. In the event of disagreement between or among co-Owners and an attempt by two or more of them to cast such vote or votes, such vote or votes shall not be counted. The vote of a corporation or business trust may be cast by any officer of that corporation or business trust in the absence of express notice of the designation of a specific person by the Executive Board or Bylaws of the owning corporation or business trust. The vote of a partnership may be cast by any general partner of the owning partnership in the absence of express notice of the designation of a specific person by the owning partnership. The moderator of the meeting may require reasonable evidence that a person voting on behalf of a corporation, partnership or business trust Lot Owner is qualified to vote. Votes allocated to Units owned by the Association may not be cast. • Section 3.10 Proxies . The vote allocated to a Lot may be cast under a proxy duly executed by a Lot Owner. All proxies shall be in writing and filed with the Secretary or designee of the Association. If a Lot is owned by more than one person, each Lot Owner of the Lot may vote or register protest to the casting of the vote by the other Owners of the Lot through a duly executed proxy. In the event of disagreement between or among co-Owners and an attempt by two (2) or more of them to cast such vote or votes, such vote or votes shall not be counted. A Lot Owner may revoke a proxy given under this section only by actual notice of revocation to the person presiding over a meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates 11 months after its date, unless it specifies a shorter term or a specific purpose. Section 3.11 Majority Vote . The vote of a majority of the votes present, in person or by proxy at a meeting at which a quorum is present, shall be binding upon all Lot Owners for all purposes except where a higher percentage vote is required in the Declaration, Articles, these Bylaws or by law. Section 3.12 Voting Procedures . Voting may be by voice, by show of hands, by consent, by mail, by electronic means, by directed proxy, by written ballot, or as otherwise determined by the Executive Board or the Members present at a meeting. (a) In case of a vote by mail or electronic means,the Secretary shall . mail or deliver written notice to all Members at each Member's address 4 as it appears in the records of the Association given for notice purposes. . The notice shall include: (i) a proposed written resolution setting forth a description of the proposed action, (ii) a statement that Members are entitled to vote by mail or electronic means for or against such proposal, (iii) a date at least 10 days after the date such notice shall have been given on or before which all votes must be received at the office of the Association at the address designated in the notice, and (iv)the number of votes which must be received to meet the quorum requirement and the percentage of votes received needed to carry the vote. Voting by mail shall be acceptable in all instances in the Declaration, Articles or these Bylaws requiring the vote of Members at a meeting. (b) The Executive Board may conduct elections of Directors by mail or electronic means, in its sole discretion, and pursuant to procedures adopted by it; provided however, that any procedures adopted shall provide for notice to Members of the opportunity to run for a vacant position and/or nominate any Member of the Association for a vacant position, subject to the nominated Member's consent. (c) In an election of Directors, the Members receiving the largest number of votes shall be elected. Section 3.13 Order of Business and Rules at Meeting . The Executive Board may establish the order of business and prescribe reasonable rules for the conduct of all • meetings of the Executive Board and Lot Owners. At meetings of the Members, the Executive Board may order the business of the meeting as follows: (a) Roll call (or check-in procedure); Add Verify Quorum (b) Proof of notice of meeting; (c) Reading of Minutes of preceding meeting; (d) Reports; (e) Established number and form of memberships of the Executive Board (if required and noticed); (f) Selection of inspectors/tellers to count ballots; (g) Election of Directors of the Executive Board (when required); (h) Consideration of budget and possible veto by the Owners (if required and noticed); (i) Unfinished business; and (j) New business. • 5 • Failure to strictly follow Robert's Rules of Order shall not invalidate any action taken at a meeting of the Board or Members. Section 3.14 Waiver of Notice . Any Member may, at any time, waive notice of any meeting of the Members in writing, and the waiver shall be deemed equivalent to the receipt of notice. Attendance at the meeting shall constitute a waiver of notice unless attendance is for the express purpose of objecting to the sufficiency of the notice, in which case, such objection must be raised before the business of which proper notice as not given is put to a vote. ARTICLE 4 EXECUTIVE BOARD OF DIRECTORS Section 4.1 Number and Term of Office . The affairs of the Community and the Association shall be governed by an Executive Board which shall consist of three Members, elected or appointed as provided below(the "Executive Board"). The terms of office of Directors shall be 3 years or until such time as a successor is elected, and the terms of at least 1/3 of the Directors shall expire annually. At any meeting at which Directors are to be elected, the Lot Owners may, by resolution, adopt specific procedures which are not inconsistent with these Bylaws or the Montana nonprofit corporate law for conducting the elections. • Section 4.2 Qualification. (a) Only Owners, eligible to vote, current in the payment of Assessments, and otherwise in good standing, may be elected to, or appointed to fill a vacancy on the Board. (b) If any Lot is owned by a partnership or corporation, any officer, partner or employee of that Member shall be eligible to serve as a Director and shall be deemed to be a Member for the purposes of these Bylaws. (c) Once elected, a Director may not be more than 30 days delinquent in payment of any Assessment. (d) Any Director who has un-excused absences from three consecutive Board meetings shall not be qualified to serve on the Board. (e) Once elected or appointed, each Director shall attend at least one educational program per year related to the management, operation or law of community associations. The Director shall be entitled to reimbursement of any expenses incurred in attending such educational program(s), as long as approved, in advance, by the Board of Directors. Any Director who has failed to attend an educational program as set forth in this provision shall not be qualified to serve on the Board. • 6 (f) If a Director is not qualified, the Director's position shall be deemed • vacant. Section 4.3 Election . The Executive Board shall be elected by the Members at the Annual Meeting. The Members may adopt specific procedures which are not inconsistent with these Bylaws or the Act for conducting the elections by written ballot. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. The Declaration shall govern appointment of Directors of the Executive Board during the Period of Declarant Control, as allowed under the Declaration. Section 4.4 Resignation of Directors . Any Director may resign at any time by giving written notice to the President, to the Secretary or to the Executive Board stating the effective date of such resignation. Acceptance of such resignation shall not be necessary to make the resignation effective. Section 4.5 Removal of Directors . (a) One or more Directors or the entire Executive Board may be removed at any meeting of the Members called pursuant to these Bylaws, with or without cause, by a vote of 67% of all Members present and entitled to vote. Notice of a meeting of the Members to remove Directors shall set forth that the meeting is being conducted for that purpose and shall be provided to every Member of the Association, including the Directors sought to be removed, as provided in these • Bylaws. Directors appointed by the Declarant may not be removed by the Members under this section of the Bylaws. Directors sought to be removed shall have the right to be present at this meeting and shall be given the opportunity to speak to the Members prior to a vote to remove being taken. (b) In the event of removal of one or more Directors, a successor shall be elected by the Members at the meeting to serve for the unexpired term of his or her predecessor. Section 4.6 Vacancies . Vacancies in the Executive Board caused by any reason(other than removal)may be filled by the Executive Board at any time after the occurrence of the vacancy, even though the Directors present at that meeting may constitute less than a quorum. These appointments shall be subject to the reserved rights of Declarant to appoint Directors, unless those rights have expired, in which event, appointments shall be made by a majority of the remaining elected Directors constituting the Executive Board. Each person so appointed shall be a Director who shall serve for the remainder of the unexpired term until the next annual meeting. Section 4.7 Compensation . No Director shall receive any compensation from the Association for any service they may render as a Director, or for acting as such, unless approved by a majority of the votes in the Association at a regular or special meeting of the Association. However, any Director may be reimbursed for actual • 7 • • • expenses incurred in the performance of Association duties on behalf of the Association upon approval of a majority of the other Directors. Nothing herein shall prohibit the Association from compensating a Director, or any entity with which a Director is affiliated, for services or supplies furnished to the Association in a capacity other than as a Director pursuant to a contract or agreement with the Association, provided that such Director's interest was made known to the Board prior to entering into such contract and such contract was approved by a majority of the Executive Board, excluding the interested Director. ARTICLE 5 MEETINGS OF THE EXECUTIVE BOARD Section 5.1 Regular Meetings . Regular meetings of the Executive Board shall be held at least twice per year at such place and hour as may be fixed by the Board, without notice. The Board may set a schedule of additional regular meetings by resolution and no further notice is necessary to constitute regular meetings, except as may be required by law. Section 5.2 Special Meetings . Special meetings of the Executive Board shall be held when called by the President of the Association or by any two Directors after not less than one day notice to each Director. The notice shall be delivered in a manner whereby confirmation of receipt of the notice is received and shall state the time, place and purpose of the meeting. • Section 5.3 Notice of Board Meetings . Except as set forth in Section 5.1 above, written notice of each meeting of the Board shall be given by, or at the direction of, the Secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least three days before such meeting, or by any other means permitted by the Montana nonprofit corporate law, including, but not limited to, personal delivery, facsimile, and e-mail delivery,to each Board member entitled to vote, addressed to the Board member's address last appearing on the books of the Association, or supplied by such Board member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting. Section 5.4 Location of Meetingspen Meetings . All meetings of the Executive Board shall be open to attendance by Members, as provided by applicable Montana law. All meetings of the Executive Board shall be held in the Community, by conference call, electronic means or within the Gallatin County area, unless all Directors consent in writing to another location. Section 5.5 Waiver of Notice . Any Director may waive notice of any meeting in writing. Attendance by a Director at any meeting of the Board shall constitute a waiver of notice. If all the Directors are present at any meeting, no notice shall be required and any business may be transacted at such meeting. • a • • Section 5.6 Quorum . At all meetings of the Executive Board, a majority of . the Directors shall constitute a quorum for the transaction of business, unless there are less than three Directors, in which case, all Directors must be present to constitute a quorum. The votes of a majority of the Directors present at a meeting at which a quorum is present shall constitute a decision of the Board unless there are less than three Directors, in which case, unanimity of the Directors is required to constitute a decision of the Board. If, at any meeting, there shall be less than a quorum present, a majority of those present may adjourn the meeting. Section 5.7 Proxies for Board Meetings . For the purposes of determining a quorum with respect to a particular proposal and for the purposes of casting a vote for or against that particular proposal, a Director may execute, in writing, a proxy,to be held by another Director. The proxy shall specify either a yes, no or abstain vote on each particular issue for which the proxy was executed. Proxies which do not specify a yes, no or abstain vote shall not be counted for the purpose of having a quorum present or as a vote on the particular proposal before the Board. Section 5.8 Consent to Corporate Action . The Directors shall have the right to take any action in the absence of a meeting,which they could otherwise have taken at a meeting, by: (a) Obtaining the unanimous verbal vote of all Directors which vote shall be noted in the minutes of the next meeting of the Board and ratified at such • time; (b) Obtaining the written vote of all of the Directors, with at least a majority of the Directors approving the action, provided that those Directors who vote "no" or abstain from voting have waived notice of a meeting in writing. The Secretary shall file the written votes with the minutes of the meetings of the Executive Board; (c) Any action taken under subsections (a) and (b) shall have the same effect as though taken at a meeting of the Directors. Section 5.9 Telephone Communication in Lieu of Attendance . A Director may attend a meeting of the Executive Board by using an electronic or telephonic communication method whereby the Director may be heard by the other members and may hear the deliberations of the other members on any matter properly brought before the Executive Board. The Director's vote shall be counted and his or her presence noted as if that Director were present in person on that particular matter. 9 • ARTICLE 6 POWERS AND DUTIES OF THE EXECUTIVE BOARD Section 6.1 Powers and Duties . The Executive Board may act in all instances on behalf of the Association, except as provided in the Declaration, Articles, these Bylaws or the Act. The Executive Board shall have, subject to the limitations contained in the Declaration, Articles and the Act, the powers and duties necessary for the administration of the affairs of the Association and of the Community, and for the operation and maintenance of the Community as a first class residential property, including the following powers and duties: (a) Exercise any other powers conferred by the Declaration, Bylaws or Articles of Incorporation; (b) Adopt and amend Bylaws and Rules and Regulations, including penalties for infraction thereof; (c) To keep and maintain full and accurate books and records showing all of the receipts, expenses, or disbursements of the Association; (d) Adopt and amend budgets for revenues, expenditures and reserves (subject to the budget being distributed to the Owners and not vetoed by the Owners at a meeting of the Owners, as that procedure is set forth in the Declaration and in • these Bylaws); (e) As a part of the adoption of the regular budget the Executive Board shall include an amount which, in its reasonable business judgment, will establish and maintain a reserve fund for the replacement of those Improvements that it is obligated to maintain, based upon age, remaining life, quantity and replacement cost; (f) Allocate, assess and collect from each Owner its'proportionate share of the Assessments imposed by the Association and pay those Assessments to the Association. (g) Hire and discharge managing agents,provided that any agreement for professional management of the Community may not exceed one two years. Any such agreement must provide for the termination by either party without cause and without payment of a termination fee or penalty upon 60 days written notice; (h) Hire and discharge employees, independent contractors and agents other than managing agents, and prescribe their duties; (i) Institute, defend or intervene in litigation or administrative proceedings or seek injunctive relief for violations of the Governing Documents in the Association's name, on behalf of the Association or two or more Owners on matters affecting the Community; 10 (j) Make contracts, administer financial accounts and incur liabilities in the • name of the Association; (k) Regulate the use, maintenance, repair, replacement and modifications of Common Area; (1) Cause additional improvements to be made as a part of the Common Area; (m) Acquire, hold, encumber and convey,in the Association's name and in the ordinary course of business, any right, title or interest to real estate or personal property; (n) Borrow funds and secure loans with an interest in future Assessments in order to pay for any expenditure or outlay required pursuant to the authority granted by the provisions of the recorded Declaration and these Bylaws, and to execute all such instruments evidencing such indebtedness as the Board of Directors may deem necessary and give security therefore subject to the requirements set forth in the Declaration; (o) Grant easements for any period of time, including permanent easements, and grant leases, licenses and concessions for no more than one year, through or over the Common Area; (p) Impose and receive a payment, fee or charge for services provided to Lot Owners and for the use, rental or operation of the Common Area; (q) Impose a reasonable charge for late payment of Assessments and after • notice and hearing, levy reasonable fines or Assessments provided for or allowed in the Declaration, Bylaws, Rules and Regulations of the Association; (r) Impose a reasonable charge for the preparation and recording of amendments to the Declaration, liens or statements of unpaid Assessments; (s) Provide for the indemnification of the Association's Officers and the Executive Board and the management company and maintain Directors' and Officers' liability insurance; (t) Procure and maintain adequate liability and hazard insurance on property owned by the Association and as further set forth in the Declaration; (u) Cause all Directors, Officers, employees or agents having fiscal responsibilities to be bonded or insured, as it may deem appropriate and in such amounts as it may deem appropriate; (v) Exercise for the Association all powers, duties,rights and obligations in or delegated to the Association and not reserved to the membership by other provisions of the Declaration, Articles, these Bylaws or the Act; and (w) Exercise any other powers conferred by the Declaration or Bylaws. Section 6.2 Manager . The Executive Board may employ a manager, at a compensation established by the Board, to perform duties and services authorized by the 11 • • • Board. Licenses, concessions and contracts may be executed by the manager pursuant to specific resolutions of the Board and to fulfill the requirements of the budget. The Board shall have the authority to delegate any of the powers and duties set forth in this Article to a manager or managing agent. Regardless of any delegation to a manager or managing agent, the members of the Board shall not be relieved of responsibilities under the Declaration, Articles, these Bylaws or Montana law. ARTICLE 7 OFFICERS AND THEIR DUTIES Section 7.1 Enumeration of Offices . The Officers of this Association shall be a President, Vice President, Secretary and Treasurer, who shall at all times be members of the Executive Board, and such other officers as the Executive Board may from time to time create by resolution. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to authority in these Bylaws, and that the offices of the Secretary and Treasurer may be held by the same person. The President and the Secretary offices cannot be held simultaneously by the same person. Section 7.2 Appointment of Officers . The Officers shall be appointed by the Executive Board at the organizational meeting of each new Executive Board. The Officers shall hold office at the pleasure of the Executive Board. Thereafter, the Officers • shall be elected for a one year term at the first meeting of the Executive Board following each annual meeting of the Members. Section 7.3 Special Appointments . The Executive Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Executive Board may, from time to time, determine. Section 7.4 Resignation and Removal . Any Officer may resign at any time by giving written notice to the Executive Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein. Acceptance of such resignation shall not be necessary to make it effective. Any Officer may be removed from office with or without cause by a majority of the Executive Board. Section 7.5 Vacancies . A vacancy in any office may be filled by appointment by the Executive Board by majority vote of the Board. The Officer appointed to such vacancy shall serve for the remainder of the term of the Officer he replaces. Section 7.6 Duties . The Duties of the Officers are as follows: 7.6.1 President. The President shall have all of the general powers and duties which are incident to the office of president of a Montana nonprofit corporation • including, but not limited to, the following: preside at all meetings of the Executive 12 i 0 Board, appoint committees, and see that orders and resolutions of the Executive Board • are carried out; sign all contracts, leases and other written instruments; direct, supervise, coordinate and have general control over the day to day affairs. The President may cause to be prepared and may execute amendments, attested by the Secretary, to the Declaration and these Bylaws on behalf of the Association, following authorization or approval of the particular amendment, as applicable. 7.6.2 Vice President. The Vice President shall take the place of the President and perform the President's duties whenever the President is absent or unable to act. If neither the President nor the Vice President is able to act, the Executive Board shall appoint some other Director to act in the place of the President on an interim basis. The Vice President shall also perform other duties imposed by the Executive Board or by the President. 7.6.3 Secretary. The Secretary shall have charge or shall keep the Minutes of all meetings of the Owners and proceedings of the Executive Board and the Members; serve notice of meetings of the Board and of the Members; keep appropriate current records showing the Member's names and addresses. The Secretary shall have charge of the Association's books and papers and shall perform all the duties incident to the office of secretary of a nonprofit corporation organized under the laws of the State of Montana. The Secretary may cause to be prepared and may attest to execution by the President of amendments to the Declaration and the Bylaws on behalf of the Association, following authorization or approval of the particular amendment, as applicable. • 7.6.4 Treasurer. The Treasurer shall be responsible for Association funds and for keeping full and accurate financial records and books of account showing all receipts and disbursements and for the preparation of all required financial data. This Officer shall be responsible for the deposit of all monies and other valuable effects in depositories designated by the Executive Board and shall perform all the duties incident to the office of treasurer of a nonprofit corporation organized under the laws of the State of Montana. The Treasurer may endorse on behalf of the Association, for collection only, checks, notes and other obligations and shall deposit the same and all monies in the name of and to the credit of the Association in banks designated by the Association. Section 7.7 Delegation� . The duties of any Officer may be delegated to the manager or another Executive Board member;provided, however, the Officer shall not be relieved of any responsibility under these Bylaws or under Montana law. Section 7.8 Agreements, Contracts, Deeds, Checks, Etc . Except as provided in these Bylaws, all agreements, contracts, deeds, leases, checks and other instruments of the Association shall be executed by any Officer of the Association or by any other person or persons designated by the Executive Board. Section 7.9 Statements of Unpaid Assessments . The Treasurer, assistant treasurer, a manager employed by the Association, if any, or, in their absence, any • 13 • Officer having access to the books and records of the Association may prepare, certify, and execute statements of unpaid Assessments. The Association may charge a reasonable fee for preparing statements of unpaid Assessments. The amount of this fee and the time of payment shall be established by resolution of the Executive Board. Any unpaid fees may be assessed as a Common Expense against the Lot for which the certificate or statement is furnished. Section 7.10 Compensation . Compensation of Officers shall be subject to the same limitations as imposed in these Bylaws on compensation of Directors. ARTICLE 8 COMMITTEES Section 8.1 Designated Committees . The Association may appoint committees, as deemed appropriate, in carrying out its purposes. Committees shall have authority to act only to the extent designated in the Governing Documents or delegated by the Executive Board. ARTICLE 9 ENFORCEMENT Section 9.1 Abatement and Enjoinment of Violations by Lot Owners . The • violation of any of the Rules and Regulations adopted by the Executive Board or the breach of any provision of the Governing Documents shall give the Executive Board the right, after notice and hearing, except in case of an emergency, in addition to any other rights set forth in these Bylaws: (a) To enter the Lot in which, or as to which,the violation or breach exists and to summarily abate and remove, at the expense of the defaulting Lot Owner, any structure, thing or condition(except for additions or alterations of a permanent nature that may exist in that Lot)that is existing and creating a danger to the Common Area contrary to the intent and meaning of the provisions of the Governing Documents. The Executive Board shall not be deemed liable for any manner of trespass by this action; or (b) To enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any breach. Section 9.2 Fines for Violation . By action of the Executive Board, following notice and hearing, the Executive Board may levy reasonable fines for a violation of the Governing Documents or rules. • 14 ARTICLE 10 • BOOKS AND RECORDS Section 10.1 Records . The Association or its manager or managing agent, if any, shall keep the following records: (a) An account for each Lot, which shall designate the name and address of each Lot Owner, the name and address of each mortgagee who has given notice to the Association that it holds a mortgage on the Lot, the amount of each Common Expense Assessment, the dates on which each Assessment comes due, any other fees payable by the Lot Owner,the amounts paid on the account and the balance due; (b) An account for each Lot Owner showing any other fees payable by the Lot Owner; (c) The most recent regularly prepared balance sheet and income and expense statement, if any, of the Association; (d) The current operating budget; (e) A record of any unsatisfied judgments against the Association and the existence of any pending suits in which the Association is a defendant; (f) A record of insurance coverage provided for the benefit of Lot Owners and the Association; • (g) Tax returns for state and federal income taxation; (h) Minutes of proceedings of meetings of the Lot Owners, Directors, committees of Directors and waivers of notice; (i) Copies of at least the three most recent years' correspondence between the Association and Owners; and 0) A copy of the most current versions of the Declaration, Articles, Bylaws, Rules and Regulations, and Resolutions of the Executive Board, along with their exhibits and schedules. Section 10.2 Examination . The books,records and papers of the Association shall at all times, during normal business hours and after reasonable notice, be subject to inspection and copying by any Member, at their expense, for any proper purpose, except documents determined by the Board to be confidential pursuant to a written policy or applicable law. The Executive Board or the manager shall determine reasonable fees for copying. • is • ARTICLE 11 • INDEMNIFICATION Section i l.1 Obligation to Indemnify . (a) The Association shall indemnify any person: (i) Who was or is a party, or is threatened to be made a party, to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative(other than an action by or in the right of the Association); (ii) By reason of the fact that person is or was a Director, Officeror committee member of the Association; (iii) Provided that the person is or was serving at the request of the Association in such capacity; (iv) But no indemnification shall be made where: (1) The person has been adjudged to be liable for negligence or misconduct in the performance of his or her duties to the Association, unless a court determines that, despite the adjudication of liability,but in view of all circumstances of the case,the person is fairly and reasonably entitled to indemnification • for the expenses if the court deems proper. (b) The Association's obligation for indemnification shall include: (1) Actual and reasonable expenses(including expert witness fees, attorney fees and costs); (ii) Judgments and fines; and(iii) Reasonable amounts paid in settlement. (c) The Association shall indemnify when the person identified in subsection (a) of this Section: (i) Acted in good faith, and; t (ii) In a manner which the person reasonably believed to be in the best interests of the Association, and; (iii) With respect to any criminal action or proceeding,had no reasonable cause to believe the conduct was unlawful; (iv) To the extent that the person has been wholly successful on the merits in defense of any action, suit or proceeding as described above, the person shall be indemnified against actual and reasonable expenses (including expert witness fees, attorney fees and costs) incurred in connection with the action, suit or proceeding. i . 16 Section 11.2 Detonation Required . • (a) The Executive Board shall determine whether the person requesting indemnification has met the applicable standard of conduct set forth above. The • determination shall be made by the Executive Board: (i) By majority vote of a quorum consisting of those members of the Executive Board who were not parties to the action, suit or proceeding, or; (ii) By independent legal counsel in a written opinion if a majority of those members of the Executive Board who were not parties to the action, suit or proceeding so directs, or; (b) Additionally,the determination may be made by: (i) By a vote of the Members if a majority of those members of the Executive Board who were not parties to the action, suit or proceeding so directs. (c) Determination of any action, suit or proceeding by judgment, order, settlement or conviction, or upon a plea of nolo contenders or its equivalent, shall not of itself create a presumption that the person did not act in good faith and in a manner reasonably believed to be in the best interests of the Association and, with respect to any criminal action or proceeding, had reasonable cause to believe the conduct was unlawful. Section 11.3 Payment in Advance of Final Disposition . The Association shall • pay for or reimburse the reasonable expenses as described above in advance of final disposition of the action, suit or proceeding if the person requesting indemnification provides the Executive Board with: (a) A written affirmation of that person's good faith belief that he or she has met the standard of conduct described above and; (b) A written statement that such person shall repay the advance if it is ultimately determined that he or she did not meet the standard of conduct described above. Section 11.4 No Limitation of Rights . The indemnification provided in this Article shall not be deemed exclusive of nor a limitation upon any other rights to which those indemnified may be entitled under any bylaw, agreement, vote of the Members or disinterested members of the Executive Board, or otherwise, nor by any rights which are granted pursuant to C.R.S. § 38-33.3-101, et seq., and the Montana nonprofit corporate law, as those statutes may be amended from time to time. • 17 Section 11.5 Sectors and Officers Insurance . The Aciation may shall purchase and maintain insurance on behalf of any person who is or was a member of the Executive Board,the manager, committee members, or anyone acting at the direction of the Board, covering defense and liability expenses arising out of any action, suit or proceeding asserted against such person by virtue of such person's actions on behalf of the Association or at the direction of the Board, whether or not the Association would have the power to indemnify such person against such liability under provisions of this Article. ARTICLE 12 MISCELLANEOUS Section 12.1 Notices to the Association . All notices to the Association or the Executive Board shall be delivered to the office of the manager, or if there is no manager, to the office of the Association, or to such other address as the Executive Board may designate by written notice to all Owners. Except as otherwise provided, all notices to any Owner shall be mailed to the Owner's address as it appears in the records of the Association. All notices shall be deemed to have been given when mailed or transmitted, except notices of changes of address, which shall be deemed to have been given when received. Section 12.2 Waiver . No restriction, condition, obligation or provision contained in these Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. • Section 12.3 Office . The principal office of the Association shall be within the Community or at such other place as the Executive Board may from time to time designate. Section 12.4 Working Capital . A working capital fund is established pursuant to the Declaration. Any Amounts paid into this fund shall not be considered as advance payment of Assessments. Each Unit's share of the working capital fund may will be collected and then contributed to the Association by the Declarant at the time the sale or resale of the Unit or Lot is closed or at the termination of Declarant control. Until paid to the Association, the contribution to the working capital shall be considered an unpaid Common Expense Assessment. ARTICLE 13 AMENDMENTS Section 13.1 Bylaw AmendmentsNote of the Members . These Bylaws may be amended only by the affirmative vote of at least 67% of the total Association vote present or represented by proxy at any regular or special meeting,provided that a quorum is present at any such meeting, provided that notice has been sent to the Members pursuant to these Bylaws, and such notice sets forth that the meeting is being conducted for the purpose of amendment. No amendment shall be made to the quorum requirement set forth in these Bylaws without the affirmative vote of a majority of the Members present, • �u in person or by proxy, at a'pular or special meeting of the Membero which a quorum, as set forth in these Bylaws, is present. Section 13.2 Restrictions on Amendments . No amendment of the Bylaws of this Association shall be adopted which would affect or impair the validity or priority of any security interest covering any Lot, or which would materially change the provisions of the Bylaws with respect to a first lien security interest or the interest of an institutional mortgagees of record. CERTIFICATION I,the undersigned, do hereby certify that I am the Secretary of Baxter Meadows Central Property Owners Association, Inc., a Montana nonprofit corporation, and that the foregoing Bylaws constitute the Bylaws of said Association, as duly adopted by the Executive Board. Secretary • - 19 �� • i 7 ' • • i� 1r � 1� 1 i I} it �r i f � • 0 0 ARTICLES OF INCORPORATION • FOR BARTER MEADOWS CENTRAL CONDOMINIUM ASSOCIATION, INC. (A Nonprofit Corporation) The undersigned hereby signs and acknowledges, for delivery to the Secretary of State of Montana, these Articles of Incorporation for the purpose of forming a nonprofit corporation under the Montana nonprofit corporate law. ARTICLE 1. NAME The name of this corporation is Baxter Meadows Central Condominium Association, Inc. (the "Association"). ARTICLE 2. DURATION The duration of the Association shall be perpetual. ARTICLE 3. • DEFINITIONS The definitions set forth in the Declaration for Baxter Meadows Central Condominiums shall apply to all capitalized terms set forth herein, unless otherwise defined herein. ARTICLE 4. NONPROFIT The Association shall be a nonprofit corporation, without shares of stock. ARTICLE 5. PURPOSES AND POWERS OF ASSOCIATION The purposes for which the Association is formed are as follows: (a) To operate and manage the Common Interest Community known as "Baxter Meadows Central Condominiums" and to operate and manage the Property and Common Elements included within the Community, situated in Gallatin County, State of Montana, subject to the Declaration, Bylaws and such Rules and Regulations as the Board of Directors may from time to time adopt, for the purposes of enhancing and preserving the value of the Unit and the Common • Elements in the Community for the benefit of the Members; f'age l of 5 0 i (b) To perform all acts and services and exercise all powers and duties in accordance with the requirements for an Association of owners charged with the • administration of the Property and Common Elements as set forth in the Declaration; (c) To act for and on behalf of the Members of the Association in all matters deemed necessary and proper for the protection, maintenance and improvement of the lands and Improvements owned by the Members and this Association and to act for and on behalf of the Property and Common Elements, including, without limitation, representing the Association before any city council or other governmental body having jurisdiction over the Association or services proved to the Association; and (d) To do any and all permitted acts suitable or incidental to any of the foregoing purposes and objects to the fullest extent permitted by law, and do any and all acts that, in the opinion of the Board, will promote the common benefit and enjoyment of the occupants, residents and Unit Owners of the Community, and to have and to exercise any and all powers, rights and privileges, the Declaration, Bylaws and the laws applicable to a nonprofit corporation of the State of Montana. The foregoing statements of purpose shall be construed as a statement of both purposes and powers. The purposes and powers stated in each clause shall not be limited or restricted by reference to or inference from the terms or provisions of any other clause, • but shall be broadly construed as independent purposes and powers. The Association shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the primary purposes of the Association. ARTICLE 6. MEMBERSHIP RIGHTS AND QUALIFICATIONS The Association will have voting Members as Units are created and made subject to the Declaration. Any person who holds title to a Unit in the Community shall be a "Member" of the Association. There shall be one membership for each Unit owned within the Community. This membership shall be automatically transferred upon the conveyance of that Unit. The authorized number and qualifications of Members of the Association, the voting and other rights and privileges of Members, Members' liability for dues and assessments, and the method of collection of dues and assessments shall be as set forth in the Declaration and Bylaws of the Association. The Members may be of such classes of membership as established by the Declaration or in the Declaration, as the Declaration may be amended or supplemented. • 11a9C 2 of 5 0 ARTICLE 7. • PRINCIPAL OFFICE AND REGISTERED AGENT The current principal office of the Association is The initial registered agent of the Association is_ , at the registered address of The principal office and the registered agent and office of the Association may change from time to time, by action of the Board of Directors. ARTICLE 8. EXECUTIVE BOARD/BOARD OF DIRECTORS The business and affairs of the Association shall be conducted, managed and controlled by a Board of Directors (Executive Board). The initial Executive Board shall consist of three persons, and this number may be changed by a duly adopted amendment to the Bylaws. The Declarant of the Community shall have additional rights and qualifications as provided under the Act and the Declaration, including the right to appoint members of the Executive Board during the Period of Declarant Control. • ARTICLE 9. AMENDMENT Amendment of these Articles shall require the assent of at least 2/3 of the votes which Members of the Association present, in person or by proxy, at a meeting of the Members at which a quorum is obtained, are entitled to cast;provided, however, that no amendment to these Articles of Incorporation shall be contrary to or inconsistent with the provisions of the Declaration. Further, an amendment may also be made pursuant to the assent of at least 2/3 of a quorum of the Members voting by mail. ARTICLE 10. DISSOLUTION In the event of the dissolution of the Association as a corporation, either voluntarily or involuntarily by the Members hereof, by operation of law or otherwise, then the assets of the Association shall be deemed to be owned by the Members at the date of dissolution, as a part of their Unit, in proportion to their allocated interests, unless otherwise agreed or provided by law. • 1';1Ye 3 of 5 ARTICLE 11. INTERPRETATION • Express reference is hereby made to the terms and provisions of the Declaration, which shall be referred to when necessary to interpret, construe or clarify the provisions of these Articles. In the event of conflict, the terms of the Declaration shall control over these Articles of Incorporation. ARTICLE 12. INCORPORATOR The name and address of the incorporator is as follows: Jerry C.M. Orten, Orten &Hindman, P.C., 11901 W. 48th Ave., Wheat Ridge, CO 80033. The name and mailing address of the individual who causes this document to be delivered for filing, and to whom the Secretary of State may deliver notice if filing of this document is refused is: Jerry C.M. Orten, Orten & Hindman, P.C., 11901 W. 48th Ave., Wheat Ridge, CO 80033. • • Palje 4 of 5 0 0 IN WITNESS WHEREOF, the undersigned has signed these Articles of • Incorporation on this day of , 20_ Jerry C.M. Orten CONSENT OF REGISTERED AGENT The undersigned hereby consents to the appointment as registered agent for the Association. ORTEN & HINDMAN, P.C. Jerry C.M. Orten, Authorized Agent STATE OF MONTANA ) • )ss: COUNTY OF GALLATIN ) The foregoing was acknowledged before me this_day of , 20_. Witness my hand and official seal. Notary Public Residing at My commission expires: • • DECLARATION OF THE BAXTER MEADOWS CENTRAL CONDOMINIUMS a M DECLARATION • OF THE BAXTER MEADOWS CENTRAL CONDOMINIUMS THIS DECLARATION is made on the date hereinafter set forth by Baxter Meadows Development LP, a Montana , whose address is 3985 Valley Commons Drive, Suite A, Bozeman, MT 59718 ("Declarant"). RECITALS A. Declarant is the owner of certain real estate in Gallatin County, State of Montana, which is more particularly described as set forth in Exhibit A and/or Exhibit C attached hereto and by reference made a part hereof. B. Declarant desires to create a Condominium Community on the real estate described in Exhibit A under the name of"Baxter Meadows Central Condominiums," in which portions of the real estate described in Exhibit A, as amended and supplemented from time to time, will be designated for separate ownership and uses of a residential nature, and in which portions of the real estate described in Exhibit A are to become co- owned by the Unit Owners. C. Declarant has caused the "Baxter Meadows Central Condominium • Association, Inc.," a Montana nonprofit corporation, to be incorporated under the laws of the State of Montana, as an owners' association, for the purpose of exercising the functions as herein set forth. ARTICLE 1. SUBMISSION/NAMES/DEFINED TERMS Section 1.1 Submission of Property . The Declarant hereby submits the real estate described in Exhibit A, and such additional real property as may be subsequently added,pursuant to the expansion rights reserved in this Declaration, together with and subject to all easements, rights, and appurtenances thereto and the buildings and improvements erected or to be erected thereon(collectively, the"Property"), to the provisions of the Unit Ownership Act, § 70-23-101, et seq., as it may be amended from time to time (the "Act") and to the terms and conditions of this Declaration. In the event the Act is repealed, the Act on the effective date of this Declaration shall remain applicable. Declarant hereby declares that all of the Property described in Exhibit A, and as added by expansion, shall be held or sold, and conveyed subject to the following easements, restrictions, covenants, and conditions. Declarant further declares that this Declaration is made for the purpose of protecting the value and desirability of the Property, that this Declaration shall run with the Property and shall be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, legal representatives, successors, and assigns and shall inure to the benefit of each Unit Owner thereof. • Section 1.2 Name and Tyne. The type of common interest community is a Condominium Community. The name of the Association is the "Baxter Meadows Central Condominium Association, Inc." Section 1.3 Pro e . The Community is located in Gallatin County, State of Montana. The initial Property of the Community is described in Exhibit A. All easements and licenses to which the Community is presently subject are recited in Exhibit A. Additional easements may be as allowed for under the Act. The Community may be subject to other easements or licenses granted pursuant to this Declaration, or granted by authority reserved in any recorded document or established in the Act. Section 1.4 Defined Terms. Each capitalized term in this Declaration or in the Map shall have the meaning specified or as used in the Act, unless otherwise defined in this Declaration or the context requires otherwise: (a) "Allocated Interests" shall mean the undivided interest in the Common Elements, the Common Expense liability and the votes in the Association.Add ARC Committee definition (b) "Assessment" shall include all Common Expense Assessments, insurance Assessments, utility Assessments, and any other expense levied to a Unit pursuant to this Declaration or the Act. • (c) "Association" shall mean Baxter Meadows Central Condominium Association, Inc., a Montana nonprofit corporation, and its successors. (d) "Common Elements" shall mean the Property within this Community other than the Units, which portion of the Property shall be co-owned by the Owners and shall be as designated in a recorded Map and in this Declaration. (e) "Common Expenses" shall mean any expenditure made or a liability received by or on behalf of the Association, together with any allocations to reserves. (f) "Community" shall mean and refer to the Condominium Community of Baxter Meadows Central Condominiums,which Community is a Condominium Community as defined in the Act and which Condominium Community is also a common interest community. (g) "Declarant" shall mean the Declarant named in this Declaration, and any successor and/or assignee designated by written notice or assignment executed by the Declarant designated in this Declaration and executed by the transferee and recorded, to the extent any rights or powers reserved to Declarant are transferred or assigned to that party. (h) "Development Rights"or"Special Declarant Rights" shall mean those rights set forth in this Declaration and those rights, if any, set forth in the Act. (i) "Eligible Holder" shall mean a holder, insurer or guarantor of a first lien • 2 0 0 security interest who has delivered a written request to the Association containing • its name, address, the legal description and the address of the Unit upon which it holds a security interest. 0) "Executive Board," "Board" or"Board of Directors" shall mean the body, regardless of name, designated in this Declaration to act on behalf of the Association. (k) "Garage Unit" shall mean any Unit designated as a garage space or to be used as a garage space, as shown on the Map. (1) "Governing Documents" shall mean this Declaration,the plat and Map, the Articles of Incorporation, the Bylaws, and any Rules and Regulations of the Association, as all of the foregoing may be amended from time to time. (m) "Improvement(s)" shall mean structures installed within or upon a Unit. (n) "Limited Common Elements" shall mean those portions of the Common Elements, if any, designated by Declarant or the Association for the exclusive use of one or more but fewer than all of the Units. (o) "Map" shall mean the Condominium Map of Baxter Meadows Central Condominiums, which is an engineering survey (and any supplements and amendments thereto) of the Community depicting and locating thereon the location of the buildings, the Units,the Common Elements, the floors and elevations, and all of the land and improvements thereon, which Map is • incorporated herein and made a part of this Declaration by reference. (p) "Member" shall mean and refer to those persons entitled to membership as provided in the Bylaws and as set forth herein. (q) "Owner" or"Unit Owner" shall mean the Declarant, or any other person or entity that owns a Unit. (r) "Period of Declarant Control' shall mean the period of time commencing on the date of recordation of this Declaration and expiring on the earlier of seven years thereafter, 60 days after conveyance of 75% of the Units that may be created or made subject to this Declaration, after conveyance of those Units to Owners other than Declarant, or a builder,two years after the last conveyance of a Unit by the Declarant or a builder in the ordinary course of business or two years after any right to annex property was last exercised; provided, however, that if the Period of Declarant Control has not terminated pursuant to the foregoing provisions,the Period of Declarant Control shall in any case terminate on the date upon which all property subject to annexation to the Community has become a part of the Community and the last Unit within the Community has been conveyed by the Declarant. (s) "Property" shall mean the property described in Exhibit A, and such additional property as may be subsequently added, pursuant to the expansion rights reserved in this Declaration,together with all easements, rights, and • 3 0 0 • appurtenances thereto and the buildings and improvements erected or to be erected thereon. All easements and licenses which the Community is subject to as of the date of this Declaration are recited in Exhibit A. (t) "Rules and Regulations" shall mean any instruments, however identified, which are adopted by the Association for the regulation and management of the Community or for clarification of the Governing Documents, including any amendment to those instruments. (u) "Unit" shall mean a physical portion of the Community, designated for separate ownership, shown as a Unit on the recorded Map for the Community, the boundaries of which are defined in the Map and in this Declaration. ARTICLE 2. EASEMENTS Section 2.1 Utility, Map and Plat Easements. Easements for utilities and other purposes over and across the Units and Common Elements may be as shown upon a recorded plat and on the recorded Map of the Community, and as may be established pursuant to the provisions of this Declaration, or granted by or under the authority reserved in any recorded document. • Section 2.2 Easements for the Association and Unit Owners. Each Unit shall be subject to an easement in favor of the Association, acting through the Executive Board (including its agents, employees and contractors) and to each Unit Owner to allow for their performance of obligations in this Declaration. On exercising this easement right, the party exercising the right shall be responsible for any resulting damages, and a lien therefore is authorized and established against that party's property,pursuant to this Declaration. The Association shall have an easement to enter a Unit to inspect for events which may be causing waste of water, heat or any other utility provided by the Association or paid as a part of the Common Expenses. If the inspection reveals that the Owner has failed to maintain the Unit so as to prevent waste of common utility services provided for as a Common Expense, the Board shall follow the procedures provided for in this Section. Section 2.3 Emergency Easements. A nonexclusive easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons, now or hereafter servicing the Community, to enter upon any part of the Community in the performance of their duties. Section 2.4 Utility Reservations . Declarant hereby creates and reserves to itself, until Declarant or any builder has sold the last Unit that may be created to an Owner other than Declarant, and, thereafter, to the Association, a blanket easement upon, across, over and under the Property,the Community and the Units for access, utilities, drainage and the installation, replacement, repair and maintenance of utilities, including • but not limited to water, sewer, waste water treatment, effluent irrigation systems, gas, 4 0 0 telephone, electricity and master television antenna or cable systems or subsequent utility as may be desired or provided. By virtue of this blanket easement, it shall be expressly permissible for Declarant or the Association to erect and maintain the necessary facilities, equipment and appurtenances on the Property and to affix, repair, and maintain landscaping, fencing, water,treated waste water, effluent irrigation and sewer pipes, gas, electric, telephone and television wires, circuits, conduits and meters, and such other improvements or facilities. If any utility or quasi-utility company furnishing a service covered by the general easement created herein requests a specific easement, a separate right and authority to grant such easement upon, across, over or under any part or all of the Property is reserved, provided the easement granted does not conflict with the terms hereof. The easement provided for in this Section shall in no way affect, avoid, extinguish or modify any other recorded easement on the Property. Any damage to any improvement caused by Declarant or the Association in exercising its rights under this Section will be repaired promptly by the entity causing the damage. The foregoing, however, shall not be deemed to render the Association or Declarant liable for any damage caused by any third party, including, without limitation, any utility company. Section 2.5 Unit Owners'Easements of Enjoyment . Every Unit Owner shall have a right and easement access to their Unit and of enjoyment in and to any Common Elements and Limited Common Elements appurtenant to such Owner's Unit, and such easement shall be appurtenant to and shall pass with the title to every Unit, subject to the following provisions: (a) The right of the Association to promulgate and publish Rules and • Regulations with which each Unit Owner and their tenants, invitees, licensees and guests shall strictly comply. (b) The right of the Association to suspend the voting rights and rights to use the Common Elements, including any recreational facilities, by a Unit Owner, after notice and the opportunity for a hearing, for a period not to exceed 60 days until cured or during any period of violation of any other provision of the Governing Documents, whichever is greater. (c) The right, power and authority of the Association to grant any easement, right-of-way, license, lease, dedication, transfer or conveyance or grant of any similar interest affecting the Common Elements. (d) The right of the Association to close or limit the use of the Common Elements while maintaining, repairing and making replacements in the Common Elements. (e) the right of the Board to impose reasonable membership requirements and charge reasonable membership admission or other fees for the use of any recreational facility situated upon the Common Elements and the right of the Board to permit use of any recreational facilities situated on the Common Elements by persons other than Owners, their families, lessees and guests upon payment of use fees established by the Board; (f) The Development and Special Declarant Rights of the Declarant reserved • in this Declaration. 5 0 0 • Section 2.6 Delegation of Use . Any Unit Owner may delegate their right of enjoyment to the Common Elements and facilities to the members of their family, their tenants, guests, or contract purchasers who reside at their Unit. ARTICLE 3. THE ASSOCIATION Section 3.1 Membership. Every person who is a record Unit Owner of a fee interest in any Unit which is subject to this Declaration shall be a"Member" of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Unit. Ownership of such Unit shall be the sole qualification for such membership. Where more than one person holds an interest in any Unit, all such persons shall be Members. Section 3.2 General Purposes and Powers of the Association. The Association, through its Executive Board, shall perform functions and manage the Community as provided in this Declaration so as to: (a) protect the value and desirability of the Community and the Units; (b) further the interests of the residents, occupants,tenants and guests of the Community and members of the Association; . (c) foster a vibrant, responsive and competent Association; and (d) to promote a harmonious community and responsible leadership. Any purchaser of a Unit shall be deemed to have assented to, ratified and approved such designations and management. The Association shall have all power necessary or desirable to effectuate such purposes. Section 3.3 Authority of the Association., The business affairs of the Community shall be managed by the Association. The Association shall be governed by the Act,this Declaration, the Map, its Articles of Incorporation and Bylaws, and any Rules and Regulations adopted by the Board of Directors. All corporate powers of the Association shall be exercised by or under the authority of the Executive Board, and the business and affairs of the Association shall be managed under the direction of the Executive Board. The Executive Board may, by written resolution, delegate authority to a manager or managing agent for the Association, provided no such delegation shall relieve the Executive Board of final responsibility. Section 3.4 Allocated Interests. (a) The ownership interest, Common Expense liability and votes in the Association allocated to Units are as follows: (i) the percentage of ownership interest of the Common Elements, • based on the square footage of each Unit in the Community, including Garage Units; 6 0 0 (ii) the percentage of liability for Common Expenses, based on the square footage of each Unit in the Community, including Garage Units; • (iii) the number of votes in the Association, on an equal basis for each Unit in the Community. Garage Unit Owners shall be entitled to '/z vote for each Garage Unit owned (b) If any Unit is increased in size or reduced in size, the basis for allocating the above interests may be changed to the square footage of each Unit, at the discretion of the Declarant, within the time frame allowed in this Declaration for exercise of Reserved Development Rights. (c) If Units of the same size are added to or withdrawn from the Community, pursuant to the provisions of this Declaration,the formulas set forth above, or then in use, shall be used to reallocate the Allocated Interests. Section 3.5 Association Agreements. Any agreement for professional (30 days with or without cause) management of the Community must provide for termination by either party without cause and without payment of a termination fee or penalty upon 30 days' written notice. The Association shall not be bound either directly or indirectly to contracts or leases (including management contracts) entered into during the Declarant control period unless the Association is provided with a right of termination of any such contract or lease without cause, which is exercisable without penalty at any time after the turnover date upon not more than 30 days' notice to the other party thereto. • Section 3.6 Indemnification. To the full extent permitted by law, each officer, director, committee member or volunteer of the Association shall be indemnified by the Owners and the Association against all expenses and liabilities including attorney fees, reasonably incurred by or imposed upon them in any proceeding to which they may be a party, or in which they may become involved, by reason of being or having been an officer, director, committee member or volunteer of the Association, or any settlements thereof, whether or not they are an officer, director, committee member or volunteer at the time such expenses are incurred; except in such cases wherein such officer, director, committee member or volunteer is adjudged guilty of breaching his or her duty of care in the performance of his or her duties. Section 3.7 Declarant Control. The Declarant shall have the reserved power, during the Period of Declarant Control, as defined in this Declaration,to appoint and remove officers and members of the Executive Board. Section 3.8 Optional Audited Financial Statements. The Association may determine, or an agency may request, that the Association prepare and furnish within a reasonable time an audited financial statement or financial review of the Association for the immediately preceding fiscal year. • 7 Section 3.9 Designated Association Agent for Service of Process . The • Association's designated agent for service of process shall be its registered agent and registered officer, as maintained, from time to time, with the office of the Montana Secretary of State. ARTICLE 4. Units, Common Elements and Limited Common Elements Section 4.1 Number of Units . The number of Units initially included in the Community is zero (0). Declarant reserves the right to create and add additional Units up to four hundred and sixty-three (463) Units or to the maximum number of Units for the properties subject to this Declaration as allowed by any governmental entity having jurisdiction. Section 4.2 Identification of Units/Unit Descriptions . The identification of each Unit is shown on the Map. Every contract for sale, deed, lease, security interest, will or other legal instrument shall legally describe a Unit by its identifying Unit number, followed by the name of the Community, with reference to the Map and the Declaration. An illustrative description is as follows: Condominium Unit , Baxter Meadows Central Condominiums, according to the Declaration recorded 20_, at Reception No. and the • Condominium Map recorded in Book , Page of the records of the Clerk and Recorder, Gallatin County State of Montana, with use of the Unit restricted as provided for in the Declaration, and with the allocated interests as provided for in the Declaration(as amended of record). Reference to the Declaration and Map in any instrument shall be deemed to include any supplement(s) or amendment(s)to the Declaration and Map, without specific references thereto. Section 4.3 Unit Maintenance Covenant . (a) Unit Owners are responsible for the maintenance, repair and replacement of the Improvements and properties located within their Unit boundaries which are not specifically the obligation of the Association to maintain, replace and keep in good repair, including exteriors of windows and doors of their Unit. (b) Each Unit, at all times, shall be kept well maintained, in good repair and condition, and in a clean, sightly, and wholesome condition. (c) No bicycles, boats of any kind, sport or recreational equipment,trash, litter,junk, boxes, containers, bottles, cans, implements, machinery, lumber, • building materials or any item or personal property or other items found by the Association to be objectionable to the Association shall be permitted to remain exposed upon or within any Unit, or, upon or within the Limited Common e 0 0 Elements, balcony, patio or deck of a Unit, or otherwise, so that the same are • visible from any neighboring Unit, or any street. (d) The Association, and its agents, after 30 days notice to the Unit Owner, shall have the authority to enter, replace, maintain, repair and clean up Units which do not conform to the provisions of this Section, and to charge and collect from the Unit Owners thereof all reasonable costs related thereto as an Assessment hereunder. (e) The Board, upon written resolution, shall have the authority to require all Owners to do any act or perform any work involving portions of the Community which are the Owner's maintenance responsibility, which will, in the Board's sole discretion, conserve common utilities. Section 4.4 Unit Boundaries . (a) The following are designated as boundaries of each Unit, as defined below and as depicted on the Map: (i) Upper Boundaries. The horizontal plane of the unfinished lower surface of the ceilings, extended to an intersection with the vertical perimeter boundaries. Space above ceilings to which access is needed for repair and maintenance of the Unit and Common Elements above the Unit are Limited Common Elements to the Unit. • (ii) Lower Boundaries. The horizontal plane of the undecorated or unfinished upper surfaces of the floors, extended to an intersection with the vertical perimeter boundaries. (iii) Vertical Perimeter Boundaries. The planes defined by the interior unfinished surface of all perimeter walls, the exterior unfinished surface of doors to the Common Elements,the exterior surface of closed exterior windows and doors, areas depicted on the Map as a deck or patio area of a Unit, and the vertical planes indicated by boundary lines as shown on the plat or Map. (b) Garage Unit Boundaries. The following are designated as the boundaries of each Garage Unit, as defined below and depicted on the Map: (i) Upper Boundaries. The horizontal plane of the unfinished lower surface of the ceilings, extended to an intersection with the vertical perimeter boundaries. (ii) Lower Boundaries. The horizontal plane of the undecorated finished upper surfaces of the garage floor extended to an intersection with the vertical perimeter boundaries. (iii) Vertical Perimeter Boundaries. The places defined by the • boundary lines shown on the Map between or as a part of each garage space, including perimeter walls of areas depicted on the Map as finished 9 0 0 • inner surfaces of poured concrete or other exterior walls or an outside unfinished surface of a wall. (c) Inclusions. Each Unit includes the spaces and improvements lying within the boundaries described above, as depicted on the Map. Each Unit may also include a garage, the spaces and improvements containing utility meters water heating facilities, all electrical switches, wiring, pipes, ducts, conduits, smoke detector or security systems and communications, television, telephone and electrical receptacles and boxes serving that Unit exclusively, the surface of these items being the boundaries of that Unit, whether or not the spaces are contiguous. (d) Exclusions. Except when specifically included by other provisions of this Declaration or by the Map, the following are excluded from each Unit: the spaces and improvements lying outside the boundaries described above, support walls, the exterior finished surface of the building in which Units are located, exterior street or common lighting, and any chutes,pipes, flues, ducts, wires, conduits, skylights and other facilities running through or within any interior wall or partition for the purpose of furnishing utility and other service to other Units and the Common Elements. (e) Noncontiguous Portions. Certain Units may include special portions or pieces of equipment, such as air conditioning compressors, utility meters, meter boxes, utility connection structures, air or gas pump and storage facilities and • storage portions, which are situated in buildings or structures that are detached from the Unit. Such special equipment or storage portions are a part of the Unit, notwithstanding their non-contiguity with the principal portions. Each Unit includes the spaces and improvements lying within the boundaries described above, and also includes the utilities and utility meters and communications, television, telephone and electrical receptacles and boxes serving that Unit exclusively, whether or not in the boundaries or contiguous to the Unit, unless the same are maintained by a governmental agency or entity. The Common Elements are excluded from each Unit and any utilities or other facilities running through or within any Unit for the purpose of furnishing utility and other service to other Units and/or the Common Elements are also excluded. Section 4.5 Mold . Each Owner shall be required to take necessary measures to retard and prevent mold from accumulating in the Unit, and the Common Elements, including but not limited to appropriate climate control, removal of visible moisture accumulation on windows, window sills, walls, floors, ceilings and other surfaces and cleaning of the same. No Owner shall block or cover any heating, ventilation or air conditioning ducts. Owners shall immediately notify the Board in writing of the following: (a) any evidence of water leaks, water infiltration or excessive moisture in a Unit; (b) any evidence of mold that cannot be removed by the Owner with a common household cleaner; (c) any failure or malfunction in heating, ventilation or air conditioning; (d) any inoperable doors, windows, heating, ventilation or air conditioning • ducts. The receipt of notice by the Association shall not create any additional Association maintenance responsibility other than those set forth in this Declaration. Owners shall be responsible for any damage to his or her Unit and personal property,to �o 0 . any other Unit or the Common Elements, as well as any injury to the Owner or occupants • resulting from the Owner's failure to comply with this section. Owners shall be responsible for all costs and expenses incurred by the Board to remove mold and/or damage within his or her Unit,to any other Unit or to the Common Elements if the Owner fails to meet the requirements of this Section. Section 4.6 Inspection, Repair and Replacement of Designated Owner Maintenance Components . The Board of Directors may, from time to time and after providing the Owners notice and the opportunity for comment, determine that certain portions of Units required to be maintained by Owners, or certain objects or appliances within the Units, pose a particular risk of damage to other Units and to the Common Elements if they are not properly inspected, maintained, repaired or replaced. Section 4.7 Maintenance and Insurance Chart . As a Common Expense,the Association may periodically cause to be prepared a chart summarizing the repair, replacement, maintenance and insurance obligations of Owners and the Association, as outlined in this Declaration. Such repair,replacement, maintenance and insurance chart shall be provided to all Owners. Section 4.8 Association Maintenance . (a) The Executive Board of the Association shall determine the specifications, scope, extent, nature and parameters of the Association's maintenance responsibilities. • (b) The Association shall be responsible for: (i)the improvement, maintenance,repair, upkeep and reconstruction, and replacement of the Common Elements; (ii) the improvement, maintenance, repair, upkeep, reconstruction, replacement and operation of the main water and sewer lines which serve more than one Unit; (iii) the provisions of common water and common sewer; (iv) trash removal; (v) snow clearing; (vi) the maintenance, repair, and replacement of certain designated perimeter fences and perimeter landscaping; (vii) the maintenance, repairs,upkeep,reconstruction and replacement of the storm drainage channels,water quality measures and storm sewers constructed as part of the Community, unless an agreement with a governmental authority provides otherwise; • (viii) for the payment of expenses which may be incurred by virtue of 0 0 • maintenance, repair or replacement as set forth on the recorded plat and final development plan, agreement with or requirement of any local governmental authority, Gallatin County or other government authorities; and (viii) for operational expenses of the Association. (c) The Association shall have right, but not the obligation,to install water, electricity or other commonly provided utility conservation devices (including, but not limited to, toilets and shower heads) as a Common Expense of the Association and to require Owners to maintain such devices. If the Association installs such equipment as a Common Expense and the utility provider has a rebate program, the Association shall be entitled to the rebate. Section 4.9 Common Elements . The real estate described in the initial Map are the initial Common Elements. Section 4.10 Limited Common Elements . (a) In the event a Common Expense is associated with the maintenance, repair or replacement of a Limited Common Element, those Common Expenses may be assessed equally against the Units to which the Limited Common Element is assigned. • (b) The following portions of the Common Elements are Limited Common Elements assigned to the Units as stated: (i) If a chute, flue, pipe, duct,wire, conduit,-bearing wall, bearing column or other fixture lies partially within and partially outside the designated boundaries of a Unit,the portion serving only the Unit is a Limited Common Element, allocated solely to the Unit, the use of which is limited to that Unit and any portion serving more than one Unit is a Limited Common Element to those Units and any portion serving only the Common Elements is a part of the Common Elements; (ii) Any shutters, awnings, window boxes, doorsteps, stoops,porches, decks, balconies, patios, entry foyers and exterior doors and windows or other fixtures designed to serve less than all Units, located outside the boundaries of the Unit, are Limited Common Elements allocated exclusively to the Unit and their use is limited to that Unit; (iii) Stoops, steps and walls above door openings at the entrances, which provide access to less than all Units, the use of which is limited to the Units to which they provide access; (iv) Walks, fences, walls and hedges which jointly serve or lie within the boundary plane of more than one Unit or within the boundary plane of • a'Unit and the Common Elements shall be considered Limited Common Elements appurtenant to the Units enclosed or served; and (v) Utility areas, the use of which is limited to a Unit or Units. 12 0 0 (c) The Association may modify Limited Common Elements without a membership vote, but only with consent of the Owner(s)to whose Unit(s) the • Limited Common Element is appurtenant. ARTICLE 5. COVENANT FOR COMMON EXPENSE ASSESSMENTS Section 5.1 Creation of Association Lien and Personal Obligation to PaX Common Expense Assessments . Declarant, for each Unit, shall be deemed to covenant and agree, and each Unit Owner, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association annual Common Expense Assessments, insurance Assessments (assessed in proportion to risk); utility Assessments (assessed in proportion to usage), and such other Assessments as imposed by the Association. Such Assessments, including fees, charges, late charges, attorney fees, fines and interest charged by the Association shall be the personal obligation of the Unit Owner of such Unit at the time when the Assessment or other charges became or fell due. The Association annual Common Expense Assessments and such other Assessments as imposed by the Association, including fees, charges, late charges, attorney fees, fines and interest charged by the Association, shall be a charge on each Unit and shall be a continuing lien upon the Unit against which each such Assessment or charge is made. If any Assessment is payable in installments,the full amount of the Assessment is a lien from the time the first installment becomes due. The personal obligation to pay any past due sums due the Association shall not pass to a successor in title unless expressly assumed by them. No Unit Owner may become exempt from liability for payment of Assessments by waiver of the use or enjoyment of the Common Elements or by abandonment of the Unit against which Assessments are made. All Assessments shall be payable in the amounts specified in the levy thereof, and no offsets or reduction thereof shall be permitted by any reason including, without limitation, any claim that the Association or the Executive.Board is not properly exercising its duties and powers under this Declaration. Section 5.2 Apportionment of Common Expenses . Except as provided in this Declaration, all Common Expense Assessments shall be assessed against all Units in accordance with formulas for liability for the Common Expenses as set forth in this Declaration. Section 5.3 Annual Assessment/Commencement of Common Expense Assessments . The Common Expense Assessment maybe made on an annual basis against all Units and shall be based upon the Association's advance budget of the cash requirements needed by it to provide for the administration and performance of its duties during such Assessment year. The budget may be submitted to the Unit Owners for ratification pursuant to the Bylaws, as the Bylaws may be amended from time to time. If submitted, the budget may be vetoed by votes of Owners representing a majority of the votes in the Association. Common Expense Assessments shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the • Executive Board. Common Expense Assessments shall be prorated from the date of closing in which conveyance of the first Unit to a Unit Owner other than the Declarant 13 • 9 occurs. The omission or failure of the Executive Board to levy the Assessment for any period shall not be deemed a waiver, modification or a release of the Unit Owners from their obligation to pay. Section 5.4 Special Assessments . In addition to other authorized Assessments, the Association may levy Special Assessments from time to time to cover previously unbudgeted expenses or expenses in excess of those budgeted, including, without limitation,the costs of any construction, restoration, or unbudgeted repairs or replacements of capital improvements that are not covered by the general reserve fund. Except as provided for in this Section, no Special Assessment proposed by the Association shall be levied until a budget including such Special Assessment is be submitted to the Unit Owners for ratification pursuant to the Bylaws, as the Bylaws may be amended from time to time. The budget may be vetoed by votes of Owners representing a majority of the votes in the Association. During the Period of Declarant Control, any proposed Special Assessment shall also require Declarant's consent. Special Assessments may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. The Board shall have the right to require that Special Assessments be paid in advance of the provision of the subject services or materials. Section 5.5 Effect of Non-Payment of Assessments . Any Assessment, charge or fee provided for in this Declaration, or any monthly or other installment thereof, which • is not fully paid within 10 days after the due date thereof, as established by the Executive Board, shall bear interest at the rate established by the Executive Board, on a per annum basis from the due date, and the Association may assess a reasonable late charge thereon as determined by the Executive Board. Failure to make payment within 60 days of the due date thereof shall cause the total amount of such Unit Owner's Common Expense Assessment for the remainder of that fiscal year to become immediately due and payable at the option of the Board. The Board may, in its discretion, unilaterally reverse its prior action under this Section,thereby returning to the original payment schedule, at which point,the Member's annual Assessment for that fiscal year shall no longer be immediately due and payable. Further, the Association may bring an action at law or in equity, or both, against any Unit Owner personally obligated to pay such overdue Assessments, charges or fees, or monthly or other installments thereof, and may also proceed to foreclose its lien against such Unit Owner's Unit. An action at law or in equity by the Association against a Unit Owner to recover a money judgment for unpaid Assessments, charges or fees, or monthly or other installments thereof, may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Association's lien therefor. Foreclosure or attempted foreclosure by the Association of its lien shall not be deemed to estop or otherwise preclude the Association from thereafter again foreclosing or attempting to foreclose its lien for any subsequent Assessment, charges or fees, or monthly or other installments thereof, which are not fully paid when due. The Association shall have the power and right to bid on or purchase any Unit at foreclosure or other legal sale, and to acquire and hold, lease, mortgage, vote the Association votes appurtenant to ownership thereof, convey or otherwise deal with the • same. If a foreclosure action is filed to foreclose any Assessment lien, and a Unit Owner abandons or leaves vacant his or her Unit,the Board may take possession and rent said Unit or apply for the appointment of a receiver for the Unit without prior notice to the 14 Unit Owner. The rights of the Association shall be expressly subordinate to the rights of any holder of a first lien security interest as set forth in its deed of trust or mortgage (including any assignment of rents),to the extent permitted under the Act. Section 5.6 Assignment of Rents . If a Unit is rented by its Owner,the rent is hereby pledged and assigned to the Association as security for the payment of all Assessments due by that Owner to the Association. If the Assessments owed by the Owner of a rented Unit are more than 30 days delinquent, the Board may collect, and the occupant or lessee shall pay to the Board, the rent for any Unit owned by the delinquent Owner, or that portion of the rent equal to the amount due to the Association; provided, however, the lessee need not make such payments to the Association in excess of or prior to the due date for monthly rental payments unpaid at the time of the Board's request. The Association shall send notice to the Owner by any reasonable means at least 10 days prior to initiating the collection of rent from the Owner's occupant or lessee. The occupant and/or lessee shall not have the right to question the Board's demand for payment. Payment by the occupant or lessee to the Association will satisfy and discharge the occupant or lessee's duty of payment to the Owner for rent, to the extent of the amount paid to the Association. No demand or acceptance of rent under this Section shall be deemed to be a consent or approval of the Unit rental or a waiver of the Owner's obligations as provided in the Declaration. The Board shall not exercise this power where a receiver has been appointed with respect to a Unit or Owner; nor in derogation of the exercise of any rights to rents by a the holder of a first lien security interest of a Unit. If an occupant or lessee fails or refuses to pay rent to the Association as provided for in this Section, the Association shall have the right to bring an action for unlawful detainer • for non-payment of rent under Montana statutes, and the costs and attorney's fees incurred by the Association in connection with that action shall be collectable from the occupant or lessee in that action, and from the Owner of the Unit in the same manner as any other Assessment under this Declaration. Section 5.7 Lien Priority . The lien of the Association under this Section is prior to all other liens and encumbrances on a Unit except: (1) liens and encumbrances recorded before the recordation of the Declaration; (2) a first lien security interest on the Unit(if allowed by the Act with regard to the limited lien priority allowed to the Association); and (3) liens for real estate taxes and other governmental assessments or charges against the Unit. This Section does not affect the priority of mechanics' or materialmen's liens. The lien of the Association under this Article is not subject to the provision of any homestead exemption as allowed under state or federal law. Sale or transfer of any Unit shall not affect the lien for said Assessments or charges except that sale or transfer of any Unit pursuant to foreclosure of any first lien security interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the lien of Assessment charges as provided by applicable state law. No such sale,transfer, foreclosure, or any proceeding in lieu thereof, including deed in lieu of foreclosure, nor cancellation or forfeiture shall relieve any Unit from continuing liability for any Assessment charges thereafter becoming due, nor from the lien thereof. Section 5.8 Working_Fund . The Association or Declarant shall require every • Unit Owner of a Unit (other than Declarant)to make a non-refundable payment to the 15 Association in an amount equal to one-fourth(1/4) of the annual Common Expense • Assessment against that Unit in effect at the closing thereof, which sum shall be held, without interest, by the Association as a working fund. Said working fund shall be collected and transferred to the Association at the time of closing and shall be for the use and benefit of the Association, of the initial sale by Declarant of each Unit, as aforesaid, and shall be for the use and benefit of the Association. Such payment shall not relieve a Unit Owner from making regular payments of Assessments as the same become due. Section 5.9 Owner's Negligence or Misconduct . In the event that the need for maintenance, repair, or replacement of the Common Elements, or any portion thereof, is caused through or by the negligent or willful act or omission or misconduct of an Owner, or the Owner's agents, employees, guests, customers, or invitees, including, but not limited to, damage from water overflowing from a tub, hot water heater leaks, or water damage from a washing machine, dishwasher or hose, then the expenses, costs, and fees incurred by the Association for such maintenance, repair, or replacement shall be a personal obligation of such Owner. If such expenses costs and fees incurred by the Association are not repaid to the Association within seven days after the Association shall have given notice to the Owner of such expenses, costs, and fees, then the failure to so repay shall be a default by the Owner under the provisions of this Declaration. Such expenses, costs, and fees shall automatically become a default Assessment determined and levied against such Unit, and the Association may proceed in accordance with the applicable provisions of Article 5 hereof. Section 5.10 Assignment of Assessments . The Association shall have the • power to assign its right to future income, including the right to assign its right to receive Common Expense Assessments, but only upon the affirmative vote of a majority of the Unit Owners present and voting, in person or by proxy, at a duly meeting called for that purpose. ARTICLE 6. COVENANTS AND RESTRICTIONS ON USE,ALIENATION AND OCCUPANCY Section 6.1 Restrictions and Covenants of this Declaration . The Units shall also be subject to the following restrictions and covenants. The strict application of the following limitations and restrictions in any specific case may be modified or waived, in whole or in part, by the Executive Board or by an appropriate committee (subject to review by the Executive Board) if such strict application would be unreasonable or unduly harsh under the circumstances. Any such modification or waiver must be in writing or must be contained in written guidelines or rules. The following use restrictions are also subject to the Development Rights and Special Declarant Rights reserved by the Declarant. Section 6.2 Leasing and Occupancy Restrictions and Covenants . Any Unit Owner shall have the right to lease or allow occupancy of a Unit upon such terms and conditions as the Unit Owner may deem advisable, subject to restrictions of record and the terms of this Declaration. All Any leases or rental agreements shall be for a minimum period of six months, shall be in writing and shall include contact information • for both the owner and tenant, a copy of which shall be delivered to the Executive Board or the Association's managing agent prior to the effective date of the lease, and shall provide that the lease or rental agreement is subject to, and that the tenant agrees to, the ]G 9 • terms of this Declaration, the Bylaws of the Association,the Articles of Incorporation and the Rules and Regulations of the Association. All leases and rental agreements of Units shall state that the failure of the tenant, renter or guest to comply with the terms of the Declaration or Bylaws of the Association, Articles of Incorporation or the Rules and Regulations of the Association shall constitute a default of the lease or rental agreement and of this Declaration and such default shall be enforceable by either the Association or the landlord, or by both of them. All occupants of a Unit shall be subject to the right of the Association to remove and/or evict the occupant for failure of the occupant to comply with the terms of the Declaration, Bylaws, Articles of Incorporation or the Rules and Regulations of the Association. If the Association requests that the Owner evict the Owner's tenant based on the terms of this Declaration, and the Owner fails to commence such action within 30 days of the date of the Association's request and notice, the Association may commence eviction proceedings. Upon failure by the Owner to comply with the Association's request to evict,the Owner has delegated and assigned to the Association, acting through the Board,the power and authority to evict the lessee as attorney-in-fact on behalf of and for the benefit of the Owner. If the Association evicts the lessee, any costs, including, but not limited to, reasonable attorney fees actually incurred and court costs associated with the eviction shall be an Assessment and lien against the Unit. Except as restricted in this Declaration, and such Rules and Regulations as the Association may promulgate, the right to lease or allow occupancy of a Unit shall not be restricted. Section 6.3 Units to be Maintained . Unit Owners are responsible for the maintenance, repair and replacement of the properties located within their Unit • boundaries as more fully provided for in other sections of this Declaration. Section 6.4 Restrictions on Animals and Pets . Pets, including cats, dogs, birds, reptiles, or other household animals, hereinafter for brevity termed"animal,"may be kept, maintained or harbored in a Unit, if the number of pets is limited to two (2), and if the animal is not a nuisance to other Owners or occupants. No Owner or resident shall maintain any animal which, in the sole discretion of the Board, is considered to be a danger to the Owners, management staff or occupants in the Community or is otherwise considered to be a dangerous breed, as may be further defined in the Rules and Regulations. If an animal is deemed a nuisance, the Owner or person having control of the animal shall be given a written notice to correct the problem. If not corrected,that Owner, upon a second written notice, will be required to remove the animal from the Community pursuant to, and in accordance with, any dispute resolution procedures as may be set forth in this Declaration or the Rules and Regulations, if any. The written notices provided for in this Section shall be issued by the authorized representative of the Association or, if there is no authorized representative then by one or more of the members of the Board of Directors of the Association. Animals may not be kept for any commercial purposes. Animals are not permitted in the recreational areas. When on the Common Elements, animals must be on a leash and under the control of the Owner of the animal. Feces left by animals upon the Common Elements, or in any Unit, must be removed promptly by the owner of the animal or the person responsible for the animal. Animals shall not be allowed to defecate or urinate on any patio or balcony in the • Community. Owners shall hold the Association harmless from any claim resulting from any action of their animals. 17 • Section 6.5 Antennae Restrictions and Covenants . Exterior television, satellite or other antenna are allowed only to the extent expressly permitted under applicable federal statutes or regulations ("Permitted Antennas"). Permitted Antennas shall be installed in the least conspicuous location available on the Unit which permits acceptable signals, without unreasonable delay or increase in the cost of installation, maintenance or use of the Permitted Antenna. The Association may adopt rules regarding location and installation of Permitted Antennas, subject to limitations of applicable federal law. Except as allowed by federal statutes and regulation, no exterior television or any other antennae, microwave dish, satellite dish, satellite antenna, satellite earth station or similar device of any type shall be erected, installed or maintained on a Unit. Section 6.6 Nuisances . No nuisance shall be permitted within the Community, nor any use, activity or practice which is the source of unreasonable annoyance or embarrassment to, or which unreasonably offends or disturbs, any Unit Owner or which may unreasonably interfere with the peaceful enjoyment or possession of the proper use of a Unit or Common Element, or any portion of the Community by Unit Owners. Further, no immoral, improper, offensive or unlawful use shall be permitted within the Community or any portion thereof. All valid laws, ordinances and regulations of all governmental bodies having jurisdiction over the Community or a portion thereof shall be observed. As used herein, the term"nuisance" shall not include any activities of Declarant or its assignees which are reasonably necessary to the development and construction of Improvements within this Community;provided, however, that such activities shall not reasonably interfere with any Unit Owner's use and • enjoyment of their Unit, or any Unit Owner's ingress and egress to or from their Unit or a public way. (a) Articles of clothing and fizrnishing shall not be air-dried using exterior clothes lines nor hung over balconies, such that such articles are visible to residents within the Association. (b) Holiday decoration must be removed or made invisible no later than 30 days after the date of the respective holiday. Section 6.7 Vehicular Parking,Storage, and Repair Restrictions and Covenants (a) Vehicular parking upon the Common Elements and Limited Common Elements shall be regulated by the Board of Directors. (b) Each parking area may be subject to designation of individual spaces as a Limited Common Element appurtenant to certain designated Units. Parking designated as visitor or guest parking shall not be used by Owners or their family members residing with them. All other parking spaces shall be used by the Owners for self-service parking purposes on a"first come, first served"basis; provided, however, that no Owner shall park more than one (1) vehicle (owned or leased by such Owner, a member of his or her family or occupant of his or her Unit) on the Common Element parking spaces without the prior written consent • of the Board of Directors. While any buildings under construction or completed are owned by Declarant, use of the parking spaces adjacent to that building may be restricted to Declarant's use for construction and sales purposes. 18 0 • (c) The following vehicles may not be parked or stored within the • Community, unless such parking or storage is parked in a garage or Garage Unit or is authorized in writing by the Executive Board of the Association: oversized vehicles, trailers, camping trailers, boat trailers, hauling trailers, boats or accessories thereto, self-contained motorized recreational vehicles, or other oversized types of vehicles or equipment as prohibited by rule or regulation. Any such oversized vehicle may be parked as a temporary expedience (for up to four hours) for loading, delivery of goods or services, or emergency. Overnight parking of these vehicles is prohibited. This restriction shall not apply to trucks or other commercial vehicles temporarily located within the Community which are necessary for construction or for the maintenance of the Common Elements, Units, Limited Common Elements or any Improvement located thereon. (d) No abandoned or inoperable automobiles or vehicles of any kind shall be stored or parked within the Community. An"abandoned or inoperable vehicle" shall be defined by Montana statutes governing inoperable or abandoned vehicles on public streets, or as defined by rule or regulation adopted by the Executive Board of the Association. In the event that the Association shall determine that a vehicle is an abandoned or inoperable vehicle,then a written notice describing said vehicle shall be personally mailed to the Unit Owner thereof or shall be conspicuously placed upon the vehicle. If the abandoned or inoperable vehicle is not removed within 72 hours after providing such notice, the Association shall have the right to remove the vehicle, and the owner thereof shall be solely responsible for all towing and storage charges. • (e) No activity such as, but not limited to repair, rebuilding, dismantling, repainting, or servicing of any kind of vehicle, trailer or boat, may be performed or conducted in the Community, unless if conducted inside of a garage and out of site of the community. (0 Garages, Garage Units and designated parking spaces (designated as a part of a Unit, a Limited Common Element or as a part of Common Elements) are restricted to use for access or as a parking space for vehicles. (g) The conversion or alteration of garages or Garage Units into living areas, storage areas, work shop areas, or any other modification or alteration of the garages or Garage Units which would hinder, preclude or prevent the parking of the number of vehicles for which the garage or Garage Unit was originally designed is prohibited, without the written consent of the DRB and the Association. (h) Parking in fire lanes (as designated by the Association or as designated by local government or a local fire protection authority) shall not be permitted. Section 6.8 Use of Common Elements . There shall be no obstruction of the Common Elements, nor shall anything be kept or stored on any part of the Common Elements without the prior written approval of the Association. Nothing shall be altered on, constructed in, or removed from the Common Elements without the prior written approval of the Association. • 19 • Section 6.9 No Annoying Lights, Sounds or Odors . No light shall be emitted from any portion of the Community which is unreasonably bright or causes unreasonable glare, and no sound or odor shall be emitted from any portion of the Community which would reasonably be found by others to be noxious or offensive. Without limiting the generality of the foregoing, no exterior spot lights, searchlights, speakers, horns, whistles, bells or other light or sound devices shall be located or used on any portion of the Community except with the prior written approval of the Executive Board. Add time limits on holiday decorations Section 6.10 No Hazardous Activities . No activity shall be conducted on any portion of the Community which is or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon any portion of the Community and no open fires shall be lighted or permitted on any portion of the Community. Section 6.11 Compliance with Insurance Requirements . Except as may be approved in writing by the Executive Board, nothing shall be done or kept on the Community which may result in a material increase in the rates of insurance or would result in the cancellation of any insurance maintained by the Association. Section 6.12 No Unsi htlg iness . All unsightly conditions, structures, facilities, equipment, objects and conditions shall be enclosed within an approved structure. • Section 6.13 Restriction on Signs and Advertising Devices . No sign,poster, billboard, advertising device or display of any kind shall be erected or maintained anywhere within the Community except such sign or signs as may be approved in writing by the Executive Board. Section 6.14 No Restrictions on Sale of a Unit . The right of a Unit Owner to sell, transfer or otherwise convey their Unit shall not be subject to any right of first refusal or similar restriction and such Unit may be sold free of any such restrictions. Section 6.15 No Restrictions on Mortgaging of a Unit . There are no restrictions on the right of the Unit Owners to mortgage or otherwise encumber their Unit. There is no requirement for the use of a specific lending institution or particular type of lender. Section 6.16 Restrictions on Structural Alterations and Exterior Improvements . No structural alterations to any Unit or any Common or Limited Common Elements shall be done by any Owner, without the prior written approval of the DRB and Association. No Improvement to the exterior of a building which includes a Unit or to the Common Elements or to any landscaping shall be constructed, erected, placed or installed within the Community unless complete plans and specifications thereto shall have been first submitted to and approved in writing by the DRB and Association. • Section 6.17 Plat Restrictions . The restrictions, if any, included on the plat for the Property are incorporated herein by this reference. 20 0 0 Section 6.18 Rules and Regulations . In furtherance of the provisions of this • Declaration, and the general plan, Rules and Regulations concerning and governing the Community or any portion thereof may be adopted, amended, or repealed from time-to- time by the Executive Board, or its successors and assigns. The Executive Board may establish and enforce penalties for the infraction thereof. Section 6.19 Declarant's Use . Notwithstanding anything to the contrary contained in this Declaration, it shall be expressly permissible for Declarant, its assigns, employees and agents, to perform such reasonable activities, and to maintain upon portions of the Community such facilities as deemed reasonably necessary or incidental to the construction and sale of Units in the development of the Community, specifically including, without limiting the generality of the foregoing, the maintenance of temporary business offices, storage areas, trash bins, construction yards and equipment, signs, model units, temporary sales offices, parking areas and lighting facilities. Section 6.20 Use of the Words Baxter Meadows Central Condominiums and Baxter Meadows Central Condominium Association, Inc . No resident shall use the words Baxter Meadows Central Condominiums or Baxter Meadows Central Condominium Association, Inc. or the logo of the Community or Association, if any, or any derivative thereof, in connection with any goods, materials or services,the use of which is likely to cause confusion, mistake or deception as to the source or origin of such goods, materials or services, without the prior written consent of the Association. ARTICLE 7. • DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS Section 7.1 Development Rights and Special Declarant Rights . (a) The Declarant reserves, through seven years after the recording of this Declaration, the following Development Rights and Special Declarant Rights: (i) the right to redesignate uses, to relocate boundaries between adjoining Units, enlarge Units, enlarge the Common Elements, reduce or diminish the size of Units, reduce or diminish the size of areas of the Common Elements subdivide Units or complete or make improvements, as the same may be indicated on Maps or plats filed of record or filed with the Declaration; (ii) the right to create or construct additional Units, Common Elements and Limited Common Elements,to subdivide Units and to convert Units into Common Elements or to convert Common Elements into Units; (iii) the right to add Units and to subject all or any part of the property described in Exhibit C and Exhibit D attached hereto and hereby incorporated by reference upon the substantial completion of improvements on any portion of that property; 0 (iv) the right to amend the use restrictions included in this Declaration, together with the right to add new use restrictions; (v) the right to withdraw all or any part of the Property from the 21 Community, provided portions of the Property included within a building • cannot be withdrawn once a Unit in that building has been conveyed; (vi) the right to make amendments to the Declaration or other Governing Documents to meet or comply with any requirements of FHA or VA; (vii) the right to exercise any development rights reserved or allowed in the Act; (viii) the right to use, and to permit others to use, easements through the Common Elements, as may be reasonably necessary; (ix) the right to merge or consolidate the Community with another Community; (x) the right to appoint or remove any officer of the Association or any Director during the Declarant Control period; (xi) the right to exercise any additional reserve right created by any other provision of this Declaration; (xii) the right to amend the Declaration in connection with the exercise of any development right; and (b) The right to amend the Maps or plat in connection with the exercise of any development right. • (c) As to the properties described in Exhibit C and Exhibit D, Declarant makes no assurances concerning the construction, building types, architectural style and/or size of Units as may be created;provided, however, that the quality of construction will be consistent with the improvements constructed on the property described in Exhibit A. (d) Subsequent to the initial Property and Improvements made subject to this Declaration, any additional buildings, structures and types of Improvements to be placed on the Property or any part thereof may be of such quality and type as the persons developing the same may determine, and those Improvements need not be of the same quality or type as the Improvements previously constructed on the Property, nor of the same size, style or configuration. The Improvements may be located anywhere in the Common Elements of the Community, the same being reserved for future development, or on the additional Property as may be added or as shown on the Map. Section 7.2 Additional Reserved Rights . In addition to the rights set forth above, Declarant also reserves the following additional rights: (a) Sales. The right to maintain mobile and other sales offices, parking lots, management offices and models in Units or on the Common Elements. (b) Signs. The right to maintain signs and advertising on the Community,to • advertise the Community or other communities developed or managed by or affiliated with the Declarant. (c) Dedications. The right to establish, from time-to-time, by dedication or otherwise, public streets, utility and other easements for purposes including, but 22 9 0 not limited to, public access, access paths, walkways, drainage, recreation areas, parking areas, ducts, shafts, flues, conduit installation areas, and to create other • reservations, exceptions and exclusions. (d) Use Agreements. The right to enter into, establish, execute, amend, and otherwise deal with contracts and agreements for the use, lease, repair, maintenance or regulations of parking and/or recreational facilities and/or Common Elements, which may or may not be a part of the Community. (e) Construction Easement. Declarant and its assignees expressly reserve the right to perform warranty work, and repairs and construction work, and to store materials in secure areas, in Units and in Common Elements, and the future right to control such work and repairs and the right of access thereto, until completion. All work may be performed without the consent or approval of any Unit Owner or holder of a security interest. Declarant and its assignees have such an easement through the Common Elements as may be reasonably necessary for exercising reserved rights in this Declaration. Such easement includes the right to construct underground utility lines, pipes, wires, ducts, conduits, and other facilities across the Property. (f) Access Easement. Declarant and its successors and assigns shall have an access easement to and from and real property accessible through the Community. (g) Other Rights. The right to exercise any additional reserved right created by any other provision of this Declaration. • Section 7.3 Rights Transferrable/Rights Transferred . Any rights created or reserved under this Article or the Act for the benefit of Declarant may be transferred to any person by an instrument describing the rights transferred recorded in the real property records of Gallatin County. Such instrument shall be executed by the transferor Declarant and the transferee. Any rights created or reserved under this Article or the Act for the benefit of Declarant may also be transferred to the Association by an instrument describing the rights transferred recorded in the real property records of Gallatin County. Such instrument shall be executed by the transferor Declarant and the Association as transferee. Section 7.4 No Further Authorizations Needed . The consent of Unit Owners or holders of security interests shall not be required for exercise of any reserved rights, and Declarant or its assignees may proceed without limitation at its sole option. Declarant or its assignees may exercise any reserved rights on all or any portion of the property in whatever order determined. Declarant or its assignees shall not be obligated to exercise any reserved rights or to expand the Community beyond the number of Units initially submitted. Section 7.5 Amendment of the Declaration or Map . If Declarant or its assignees elect to exercise any reserved rights,that parry shall comply with applicable provisions of the Act. Section 7.6 Interpretation . Recording of amendments to the Declaration and the Map or plat pursuant to reserved rights in this Declaration shall automatically effectuate the terms and provisions of that amendment. Further, such amendment shall 23 automatically (a) vest in each existing Unit Owner the reallocated Allocated Interests appurtenant to their Unit, and (b)vest in each existing security interest a perfected security interest in the reallocated Allocated Interests appurtenant to the encumbered Unit. Further, upon the recording of an amendment to the Declaration,the definitions used in this Declaration shall automatically be extended to encompass and to refer to the Community as expanded and to any additional Improvements, and the same shall be added to and become a part of the Community for all purposes. All conveyances of Units after such amendment is recorded shall be effective to transfer rights in all Common Elements, whether or not reference is made to any Amendment of the Declaration Map. Reference to the Declaration and Map in any instrument shall be deemed to include all Amendments to the Declaration, and the Map without specific reference thereto. Section 7.7 Construction . Subsequent to the initial Property and improvements made subject to this Declaration, any additional buildings, structures and types of improvements to be placed on the Property or any part thereof may be of such quality and type as the persons developing the same may determine, and those improvements need not be of the same quality or type as the Improvements previously constructed on the Property, nor of the same size, style or configuration. The improvements may be located anywhere in the Common Elements of the Community, the same being reserved for future development, or on the additional Property as may be added or as shown on the Map. Section 7.8 Termination of Reserved Ri hg_ts . The rights reserved to Declarant, for itself, its successors and assigns, shall expire as set forth above or in the Act, unless (i) reinstated or extended by the Association, subject to whatever terms, conditions, and limitations the Executive Board may impose on the subsequent exercise of the expansion rights by Declarant, (ii) extended as allowed by law or, (iii)terminated by written instrument executed by the Declarant, recorded in the records of the Clerk and Recorder of Gallatin County, State of Montana. Section 7.9 Additions by Others . Additions of Units to the Community may be made by others than the Declarant, upon approval of the Association pursuant to a vote of a majority of a quorum of its members and upon approval of 2/3 of the Eligible Holders of first lien security interests. Such approval by the members and Eligible Holders of first lien security interests shall be evidenced by a certified copy of such resolution of approval and a supplement or amendment to this Declaration, both recorded in records of the Clerk and Recorder of Gallatin County, State of Montana. ARTICLE 8. MODIFICATIONS TO UNITS Section 8.1 Alterations of Units or Limited Common Elements Without a Change in Allocated Interests or Boundaries of a Unit . Owners shall have the right, with written approval from the Board, and subject to the provisions of this Article,to make the following alterations to their Units or Limited Common Elements: (a) Interiors. Owners have the right to make any improvements or alterations to the interior of his or her Unit as provided for in this Article. 24 (i) Decoration of Unit . The rights and restrictions in this Article shall not be construed to restrict a Member's right to decorate his or her Unit as he or she should so determine; provided, however,that to the extent such decoration is visible from the exterior of any Unit and detracts, in the reasonable judgment of the Board, from the aesthetic or architectural integrity of the Community, the Member may be required to undertake such reasonable measures as the Board may determine to eliminate such detraction. (ii) Nonstructural and Structural Interior Alterations . The rights and restrictions in this Article shall not be construed to restrict a Member's right to move, remove, alter or change any interior, nonstructural wall or partition, or change the use and/or designation of any room within his or her Unit; provided, however, that such change shall not affect the structural integrity of the Community or mechanical or utility systems of the Community. No structural alterations to any Unit or any Common or Limited Common Elements shall be done by any Owner, without the prior written approval of the Association. (iii) Adjoining Units. Owners have the right, after acquiring an adjoining Unit or an adjoining part of an adjoining Unit, to remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a Common Element, all as provided for in this Article. (b) Exteriors. Owners have the right to make improvements or alterations to the exterior Limited Common Element balcony,patio or deck area, as provided for in this Article and with approval of at least 67% of the votes in the Association, and approval by the DRB. (c) Limitations. Rights of Owners under the prior provisions are limited by the following restrictions: (i) General Restriction. The alterations and modifications can not impair the structural integrity, electrical systems, mechanical systems, utilities, lessen the support of any portion of the Community, enclose a Limited Common Element as improved interior space or as a part of a Unit or violate any of the provisions of this Article. (ii) Exterior Changes. No balcony,porch, garden or yard enclosure, awning, screen, sign, banner or other device, and no exterior change, addition, structure,projection, decoration or other feature shall be erected, applied to,placed upon or attached to any Unit, or any part thereof or upon any Common or Limited Common Elements without, in each instance, written approval of the Association. (iii) Painting and Decals. No painting, attaching of decals or other decoration shall be done on any exterior part or surface of any Unit, or on the interior surface of any window without written approval of the 25 Association, except for holiday decorations, displays, flags and/or signs, Swhich shall be expressly allowed, subject to the Board's discretion. (d) Application and Approval Requirements. All changes allowed for under the above authority may only be made by the Owners of those Units, as applicant, after application to and approval by the DRB and Association. The application and approval process shall include at least the following: (i) Signatures. The signatures of all of the Owners of the Units that are proposed to have changes must be on the application; (ii) Representations. The Owners must represent and warrant that the proposed modifications do not affect the structural integrity, electrical systems, mechanical systems, utilities, lessen the support of any portion of the Community or violate any of the provisions of this Article; (iii) Contents of the Application. The application must contain at least the following: (1) evidence sufficient to the Board that the applicant has complied with and/or will comply with all local rules and ordinances and that the proposed changes do not violate the terms of any document evidencing a security interest of a lender in any of the applicant's Units; (2) all necessary and proper permits and approvals from the appropriate governmental authorities have been or will be obtained; (3) proof that the contractor(s) of the Owner is/are licensed and adequately insured; and (4) such other information as may be reasonably requested by the Association. (iv) Agreement Ma, B� e Required. The Board may require the Owner's written agreement(in the form required by the Association) providing for the following: (1) for the Owner to be responsible, now and/or in the future, for any structural deficiencies or problems, electrical deficiencies or problems, mechanical structural integrity, electrical systems, utility or mechanical deficiencies or problems or problems associated with a lessening of support of any portion of the • Community, or for violations of any of the provisions of this Article, all as may reasonably be determined by the Association; (2) for the Owner's agreement to be responsible for ongoing 26 0 • maintenance, repair, replacement and improvement of any or all of the proposed additions/modifications of the Owner. The Association may require Owners to be responsible for all or some of the maintenance, repair, replacement and improvement of the proposed modifications; (3) for the Owner's payment of the fees and costs of the Association, together with a deposit against fees and costs which the Association will incur in reviewing and effectuating the application, in an amount reasonably estimated by the Board, in advance of any billing for costs and expenses of the Association; (4) for reasonable advance notice by the Owner for the work to be performed, from the Owner or from the Owner's contractor; and (5) satisfaction of all conditions as may be reasonably imposed by the Board. Section 8.2 Alterations of Units or Limited Common Element Balconies With a Requested Change in Allocated Interests or the Boundaries of a Unit . Subject to the • provisions of this Article, the following changes may be made, after application to the Association by the Owners of those Units and written approval by the Association: (a) Boundary Change. Boundaries between adjoining Units may be changed. as provided for in this Article. (b) Conversion of Limited Common Element to Unit. Boundaries of a Unit, to include a former Limited Common Element balcony or deck on which an Owner has been approved to make alterations (as provided for in this Section of this Article), may be changed, as provided for in this Article and with approval of at least 67% of the votes in the Association. (c) Limitations. No relocation of boundaries between adjoining Units shall be effected without the necessary amendments to the Declaration and Map, as provided for in this Article with those amendments, executed and recorded by the Association. (d) Application and Approval Requirements. The Owners of the Units, as the applicant, must submit an application to the Association, which must be approved by the Association before the Owner proceeds, including all of the criteria set forth above and the following additional items set forth below and must also enter into an agreement with the Association, including the items set forth above: (i) Re-allocations. The proposed reallocation of interests, if any, which may include a re-allocation of Common Expense liability,to 27 account for an increase in size to the Unit or Units of the Owner, if sought by the applicant or required by the Association; and (ii) Forms of Amendments. The proposed form for amendments to this Declaration, including the Map, as may be necessary to show the altered boundaries, and their dimensions and identification. Section 8.3 Reply and Communication. The Association shall reply to all submittals of plans made in accordance with this Article in writing within 60 days after receipt. In the event the Association fails to take any action on submitted plans and specifications within 60 days after the Association has received the plans and specifications, approval shall be deemed denied. Yet, the Owner shall have a right of appeal to the Association. All communications and submittals shall be addressed to the Association at such address as is the registered address for the Association as maintained with the office of the Montana Secretary of State. Section 8.4 Maintenance Responsibilities . For all modifications made to a Unit by an Owner, whether made under the authority and with the approvals under this Article, or whether made previously or without approvals required under this Article, the Owner shall be responsible for maintenance, repair and replacement of all modifications unless the Association expressly assumes any of those responsibilities in writing. Section 8.5 Fees and Costs . Owners shall be obligated to pay all fees and • costs incurred by the Association in reviewing and effectuating an Owners's application, whether by deposit,-or subsequent invoice from the Association. ' ARTICLE 9. INSURANCE/CONDEMNATION Section 9.1 Insurance to be Carried by the Association . The Association shall obtain and maintain in full force and effect,to the extent reasonably available and at all times,the insurance coverage set forth herein and as may be set forth in the Act, which insurance coverage shall be provided by financially responsible and able companies duly authorized to do business in the State of Montana commencing not later than the time of the first conveyance of a Unit to a person other than Declarant, or the first occupancy of a Unit. Section 9.2 Hazard Insurance on the Units and Common Elements . The Association shall obtain adequate hazard insurance covering loss, damage or destruction by fire or other casualty to the improvements, installed or made to Units and to the Common Elements and the other property of the Association. Insurance obtained on the Units is not required to include improvements and betterments installed by Unit Owners. If coverage purchased by the Association includes improvements and betterments installed by Unit Owners, the cost thereof shall be assessed to each Unit in proportion to risk. All blanket hazard insurance policies shall contain a standard non-contributory mortgage clause in favor of each holder of first lien security interests, and their successors and assigns, which shall provide that the loss, if any thereunder, shall be payable to the Association for the use and benefit of such holders of first lien security interests, and their successors and assigns, as their interests may appear of record in the records of the office of the Clerk and Recorder of Gallatin County, State of Montana. If 28 obtainable, the Association shall also obtain the following and any additional Is deemed advisable by the Executive Board: (a) an Inflation guard endorsement, (b) a Construction Code endorsement, (c) a demolition cost endorsement, (d) a contingent liability from operation of building laws endorsement, (e) an increased cost of construction endorsement, and/or (f) any special PUD endorsements. Section 9.3 Liability Insurance . The Association shall obtain adequate comprehensive policy of public liability and property damage liability insurance covering the Common Elements in such limits as the Board may determine from time-to-time, but not in any amount less than $1,000,000 per injury, per person, and per occurrence, and in all cases covering all claims for bodily injury or property damage. Coverage shall include, without limitation, liability for personal injuries, operation of automobiles on behalf of the Association, and activities in connection with the ownership, operation, maintenance and other uses of the Community. All liability insurance shall name the Association as the insured. If there are steam boilers in operation on the Community, or if the Community has central heating or cooling,there must be in force boiler explosion and machinery coverage insurance providing for not less than $1,000,000 per accident, per location. Additionally, for such times, if any, as the Declarant has the reserved development right to expand the Community by adding additional Units, the Declarant shall purchase, at Declarant's expense, an additional general liability insurance policy for the benefit of the Association, existing Unit Owners and existing holders of first lien security interests. Section 9.4 Fidelity Insurance . The Association shall obtain adequate fidelity coverage or fidelity bonds to protect against dishonest acts on the parts of its officers, • directors, trustees and employees and on the part of all others who handle or are responsible for handling the funds of the Association, including persons who serve the Association with or without compensation. The fidelity coverage or bonds should be in an amount sufficient to cover the maximum funds that will be in the control of the Association, its officers, directors, trustees and employees. Section 9.5 Worker's Compensation and Employer's Liability Insurance . The Association shall obtain worker's compensation and employer's liability insurance and all other similar insurance with respect to its employees in the amounts and forms as may now or hereafter be required by law. Section 9.6 Officers' and Directors' Personal Liability Insurance . The Association shall obtain officers' and directors'personal liability insurance to protect the officers and directors from personal liability in relation to their duties and responsibilities in acting as officers and directors on behalf of the Association. Section 9.7 Other Insurance . The Association may obtain insurance against such other risks, of similar or dissimilar nature, including flood insurance, as it shall deem appropriate with respect to the Association responsibilities and duties. Section 9.8 Miscellaneous Terms Governing Insurance Carried by the Association. The Association shall maintain, to the extent reasonably available, insurance policies with the following terms or provisions: (a) All policies of insurance shall contain waivers of subrogation and waivers 29 of any defense based on invalidity arising from any acts of a Unit Owner and • shall provide that such policies may not be canceled or modified without at least 30 days' prior written notice to all of the Unit Owners, holders of first lien security interests and the Association. (b) If requested, duplicate originals of all policies and renewals thereof, together with proof of payments of premiums, shall be delivered to all holders of first lien security interests at least 10 days prior to the expiration of the then- current policies. (c) All liability insurance shall be carried in blanket form, naming the Association, the Board, the manager or managing agent, if any, the officers of the Association, the Declarant, holders of first lien security interests, their successors and assigns and Unit Owners as insureds. (d) Prior to obtaining any policy of casualty insurance or renewal thereof, pursuant to the provisions hereof,the Board may obtain an appraisal from a duly qualified real estate or insurance appraiser, which appraiser shall reasonably estimate the full replacement value of the Units and the Common Elements, without deduction for depreciation, review any increases in the cost of living, and/or consider other factors, for the purpose of determining the amount of the insurance to be effected pursuant to the provisions hereof. In no event shall any casualty insurance policy contain a co-insurance clause for less than 100% of the full insurable replacement cost. • (e) - Unit Owners may carry and are advised to carry other insurance on the Improvements and personal property in their Unit for their benefit and at their expenses, provided that the liability of the carriers issuing insurance obtained by the Association shall not be affected or diminished by reason of any such insurance carried by Unit Owners and provided, further, that the policies of insurance carried by the Association shall be primary, even if a Unit Owner has other insurance that covers the same loss or losses as covered by policies of the Association. In this regard, Declarant discloses that the Association's insurance coverage, as specified hereunder and under the Act, does not obviate the need for Unit Owners to obtain insurance for their own benefit. (f) All policies of insurance shall provide that the insurance thereunder shall be invalidated or suspended only in respect to the interest of any particular Unit Owner guilty of a breach of warranty, act, omission, negligence or non- compliance of any provision of such policy, including payment of the insurance premium applicable to the Unit Owner's interest, or who permits or fails to prevent the happening of any event, whether occurring before or after a loss, which under the provisions of such policy would otherwise invalidate or suspend the entire policy, but the insurance under any such policy, as to the interests of all other insured Unit Owners not guilty of any such act or omission, shall not be invalidated or suspended and shall remain in full force and effect. Section 9.9 Insurance Premium . Except as assessed in proportion to risk, insurance premiums for the above provided insurance shall be a Common Expense to be included as a part of the annual Assessments levied by the Association. Section 9.10 Managing Agent Insurance . The manager or managing agent, if any, shall be adequately insured for the benefit of the Association and shall maintain and 30 submit evidence of such coverage to the Association. The Association may indemnify its managing agent, except for that agent's intentional acts or omissions or negligence outside the scope of their duties and obligations to the Association, or outside of direction • from or of the Association. Section 9.11 Waiver of Claims Against Association . As to all policies of insurance maintained by or for the benefit of the Association and Unit Owners, the Association and the Unit Owners hereby waive and release all claims against one another,the Board and Declarant, to the extent of the insurance proceeds available, whether or not the insurance damage or injury is caused by the negligence of or breach of any agreement by and of said persons. Section 9.12 Annual Insurance Review . The Board shall review the insurance carried by and on behalf of the Association at least annually, for the purpose of determining the amount of insurance required. Section 9.13 Adjustments by the Association . Any loss covered by an insurance policy described above shall be adjusted by the Association, and the insurance proceeds for that loss shall be payable to the Association and not to any holder of a first lien security interest. The Association shall hold any insurance proceeds in trust for the Association,Unit Owners and holders of first lien security interests as their interests may appear. The proceeds must be distributed first for the repair or restoration of the damaged property, and the Association, Unit Owners and holders of first lien security interest are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the damaged property has been completely repaired or • restored. Section 9.14 Claims . The Board may, in its discretion, choose to submit a claim under the Association's insurance policy. If a claim is submitted,the payment of the deductible amount for claims which the Association is responsible for insuring shall be as follows: (a) The Association shall pay or absorb said deductible for any work, repairs or reconstruction for damage incurred to Common Elements or an area for which the Association has a maintenance responsibility, or for damage to Common Elements or any area which the Association maintains that originates in the Common Elements or an area that the Association maintains, or for damages to the Common Elements or an area which the Association maintains which originates from natural causes, unless said damage is caused by the negligent or willful act or omission of an Owner, his family, guests, or invitees. (b) The Owner shall pay or absorb said deductible for any loss that would be the responsibility of the Owner in the absence of insurance and any deductible assessed against the Owner pursuant to subsection(a) above. (c) If a Unit is damaged, then the Owner of that Unit or the Owners sharing the Party Wall shall have primary responsibility, either directly or through his insurance company, for handling and paying for, any work, repairs, reconstruction or replacement. Section 9.15 Duty to Repair . Any portion of the Community for which 31 0 • insurance is required under this Article which is damaged or destroyed must be repaired . or replaced promptly by the Association or Unit Owner, at the Unit Owner's option as to whether the repair is done by the Association or the Unit Owner, except as provided or allowed for in the Act. Section 9.16 Condemnation and Hazard Insurance Allocations and Distributions In the event of a distribution of condemnation proceeds or hazard insurance proceeds to the Unit Owners,the distribution shall be as the parties with interests and rights are determined or allocated by record and also by any applicable provisions of the Act. Section 9.17 Insurance Assessments . If the proceeds of insurance are not sufficient to defray the costs of reconstruction and repair due to deductibles allocated to the Association or failure of the Association to maintain coverage to defray costs of repair and reconstruction which in the absence of insurance would be the maintenance responsibility of the Association, the deductible or additional cost shall be a Common Expense. This Assessment shall not be considered a special Assessment as discussed in this Declaration and shall not require any vote of the Owners. Section 9.18 Payment of Claims to Delinquent Owners . Notwithstanding anything to the contrary herein, in the event of an insured loss under the Association's master hazard insurance policy for which the Association receives from the insurer payment for a loss sustained by an Owner who is delinquent in the payment of Assessments owed to the Association under this Declaration,then the Association may retain and apply such proceeds to the delinquency. Any surplus remaining after • application of the proceeds to any delinquency shall be paid by the Association to the affected Owner. ARTICLE 10. SPECIAL RIGHTS OF HOLDERS OF FIRST LIEN SECURITY INTERESTS Section 10.1 General Provisions . The provisions of this Article are for the benefit of holders, insurers, or guarantors of holders of first lien security interests recorded within the Community. To the extent applicable,necessary or proper,the provisions of this Article apply to both this Declaration and to the Articles and Bylaws of the Association. A holder, insurer or guarantor of a first lien security interest who has delivered a written request to the Association containing its name, address, the legal description and the address of the Unit upon which it holds a security interest shall be considered an"Eligible Holder." Eligible insurers and guarantors of a first lien security interest shall have the same rights as Eligible Holder. Section 10.2 Special Rights . Eligible Holders shall be entitled to: (a)timely written notice from the Association of any default by a mortgagor of a Unit in the performance of the mortgagor's obligations under this Declaration, the Articles of Incorporation, the Bylaws or the Rules and Regulations, which default is not cured within 60 days after the Association learns of such default; (b) examine the books and records of the Association during normal business hours; (c) receive a copy of financial statements of the Association, including any annual audited financial statement; (d) receive written notice of all meetings of the Executive Board or Members of the Association; (e) designate a representative to attend any such meetings; (f) written notice of any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association; (g) written notice of abandonment or termination of the Association 32 • • of the plan contemplated under this Declaration; (h)thirty (30) days' written notice prior to the effective date of any proposed, material amendment to this Declaration, the Articles of Incorporation, or the Bylaws; (i)thirty(30) days' written notice prior to the . effective date of termination of any agreement for professional management of the Association or the Common Elements, when professional management had been required previously under the legal documents for the Community or by an Eligible Holder; and 0) immediate written notice as soon as the Association receives notice or otherwise learns of any damage to the Common Elements or to the Unit on which the Eligible Holder holds a security interest, if the cost of reconstruction exceeds $20,000 and as soon as the Association receives notice or otherwise learns of any condemnation or eminent domain proceedings or other proposed acquisition with respect to any portion of the Common Elements or any Units. Section 10.3 Special Approvals . Unless at least 67% of the Eligible Holders of first lien security interests (based on one(1) vote for each mortgage owned) of Units in the Association and requisite Unit Owners have given their written approval, neither the Association nor any Member shall(a) by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Elements or any improvements thereon which are owned, directly or indirectly,by the Association(except that the granting of access easements, utility easements, drainage easements and water facilities easements or easements for other public purposes consistent with the intended use of such Property by the Association shall not be deemed within the meaning of this provision); (b) change the method of determining the obligations, Assessments or other charges which may be levied against Members or the method of allocating distributions of hazard insurance policy proceeds or condemnation awards; (c) by act or omission • change, waive or abandon any scheme or regulation, or enforcement thereof, pertaining to architectural approval of improvement of Units, including the architectural design of the exterior appearance of Units, or the upkeep of the Common Elements; (d) fail to maintain the casualty, fire and extended coverage insurance as elsewhere provided in this Declaration; (e) use hazard insurance proceeds for losses other than the repair, replacement or reconstruction of the improvements which were damaged or destroyed; (f)take action to terminate the legal status of the Community after substantial destruction or condemnation occurs; (g) amend any material provision of this Declaration; and(h) establish self-management by the Association when professional management has previously been required by the legal documents for the Community or by an Eligible Holder. An amendment shall not be deemed material if it is for the purpose of correcting technical errors, or for clarification only. If an Eligible Holder of a first lien security interest receives written request for approval of the proposed act, omission, change or amendment by certified or registered mail, with a return receipt requested, and does not deliver or post to the requesting party a negative response within thirty (30) days, it shall be deemed to have approved such request. Section 10.4 Ri htg to Pay Taxes and Insurance Premiums . Any holder of a first lien security interest shall be entitled to pay any taxes or other charges which are in default and which may or have become a lien against a Unit or any of the Common Elements and may pay any overdue premiums on hazard insurance policies or secure new hazard insurance coverage for the Common Elements or Units, and the holder of a first lien security interest making such payments shall be entitled to immediate reimbursement therefor from the Association. 33 ARTICLE 11. • GENERAL PROVISIONS Section 11.1 Compliance and Enforcement . (a) Every Owner and occupant of a Unit shall comply with the Governing Documents, and each Owner shall have the right to enforce the covenants and restrictions, as set forth in this Declaration. (b) The Association, acting through the Board, may enforce all applicable provisions of this Declaration, and may impose sanctions for violation of the Governing Documents. Such sanctions may include, without limitation: (i) imposing reasonable monetary fines, after notice and opportunity for a hearing, which fine shall constitute a lien upon the violator's Unit. (In the event that any occupant, guest, or invitee of a Unit violates the Governing Documents and a fine is imposed, at the Board's discretion, the fine may first be assessed against the violator; provided, however, if the fine is assessed against the violator and is not paid by the violator within the time period set by the Board, the Owner shall pay the fine upon notice from the Board and the opportunity for a hearing have been provided); (ii) suspending the right to vote; • (iii) exercising self-help (including, but not limited to, performing such maintenance responsibilities which are the Owner's responsibility under this Declaration and assessing all costs incurred by the Association against the Unit and the Owner as an Assessment) or taking action to abate any violation of the Governing Documents; (iv) requiring an Owner, at the Owner's expense, to remove any structure or Improvement on such Owner's Unit in violation of the Governing Documents and to restore the Unit to its previous condition and, upon failure of the Owner to do so,the Board or its designee shall have the right to enter the property, remove the violation and restore the property to substantially the same condition as previously existed, at the Owner's expense, and any such action shall not be deemed a trespass; (v) without liability to any person, the Association precluding any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to comply with the terms and provisions of this Declaration from continuing or performing any further activities in the Community; (vi) levying specific Assessments to cover costs incurred by the Association to bring a Unit into compliance with the Governing Documents; and • (vii) bringing suit at law or in equity to enjoin any violation or to recover monetary damages or both. (c) In addition to any other enforcement rights, if an Owner fails to properly 34 perform his or her maintenance responsibility, or otherwise fails to comply with the Governing Documents, the Association may record a notice of violation against the Owner and the Unit. • (d) All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the Governing Documents, the prevailing party shall be entitled to recover all costs, including, without limitation, attorney fees and court costs, reasonably incurred in such action. (e) The decision of the Association to pursue enforcement action in any particular case shall be left to the Board's discretion, subject to the duty to exercise judgment and be reasonable, as provided for in this Declaration, and further restricted in that the Board shall not be arbitrary or capricious in taking enforcement action. A decision of the Association to pursue enforcement action shall not be construed as a waiver of the Association's right to enforce such provisions at a later time under other circumstances or preclude the Association from enforcing any other covenant, restriction or rule. Without limiting the generality of the foregoing, the Board may determine that, under the circumstances of a particular case: (i) the Association's legal position is not strong enough to justify taking any or further action; (ii) the covenant, restriction or rule being enforced is, or is likely to be • construed as, inconsistent with applicable law; or (iii) that it is not in the Association's best interests, based upon hardship, expense or other reasonable criteria, to pursue enforcement action. Section 11.2 Severability . Each of the provisions of this Declaration shall be deemed independent and severable. If any provision of this Declaration or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Declaration which can be given effect without the invalid provisions or applications. Section 11.3 Term of Declaration . The covenants and restrictions of this Declaration shall run with and bind the land in perpetuity. Section 11.4 Amendment of Declaration, Map or Plat by Declarant . If Declarant shall determine that any amendments to this Declaration or the Map shall be necessary in order to make non-material changes, such as for the correction of a technical, clerical or typographical error or clarification of a statement or for any changes to property not yet part of the Community, then, subject to the following sentence of this Section, Declarant shall have the right and power to make and execute any such amendments without obtaining the approval of any Unit Owners. Each such amendment of this Declaration shall be made, if at all, by Declarant prior to the expiration of seven • years from the date this Declaration is recorded. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to Declarant to make or consent to an amendment under this section on behalf of each Unit Owner and holder of a security interest. Each deed, security interest, other evidence of obligation or other 35 instrument affecting a Unit and the acceptance thereof shall be deemed to be a grant and • acknowledgment of, and a consent to the reservation of, the power of Declarant to make, execute and record an amendment under this Section. Section 11.5 Amendment of Declaration by Unit Owners . Except as otherwise provided in this Declaration, and subject to provisions elsewhere contained in this Declaration requiring the consent of Declarant or others, any provision, covenant, condition, restriction or equitable servitude contained in this Declaration may be amended, revised, removed or repealed, and new provisions, covenants, conditions, restrictions or equitable servitudes may be added, at any time and from time to time upon approval of at least 67% of the votes in the Association and with the written consent of the Association. Notice of any meeting at which a proposed amendment will be considered shall state the fact of consideration and the subject matter of the proposed amendment. The amendment or repeal shall be effective upon the recordation in the office of the Clerk and Recorder of Gallatin County, State of Montana of a certificate setting forth the amendment in full and certifying that the amendment has been approved as set forth above, and containing the written consent and approval of the Association. Section 11.6 Amendment Required by Mortgage_Agencies . Prior to seven years after recording of this Declaration, any provision, covenant, condition,restriction or equitable servitude contained in this Declaration which a holder of a first lien security interest, or FHA, VA, FHLMC, GNMA, FNMA or any similar entity authorized to insure, guarantee, make or purchase mortgage loans requires to be amended or repealed may be amended or repealed by Declarant or the Association. Any such amendment or • repeal shall be effective upon the recordation in the office of the Clerk and Recorder of Gallatin County, State of Montana of a certificate setting forth the amendment or repeal in full. Section 11.7 Required Consent of Declarant to Amendment . Notwithstanding any other provision in this Declaration to the contrary, any proposed amendment or repeal of any provision of this Declaration reserving development rights or for the benefit of the Declarant, or the assignees, shall not be effective unless Declarant, and its assignees, if any, have given written consent to such amendment or repeal, which consent may be evidenced by the execution by Declarant or its assignees of any certificate of amendment or repeal. The foregoing requirement for consent to any amendment or repeal shall terminate seven years after the recording of this Declaration, or upon conveyance of 100% of the Units to Unit Owners, whichever occurs first. Section 11.8 Required Consent of VA/FHA to Certain Amendments . While the Declarant is in control of the Association(i.e.,Unit Owners other than Declarant have not yet elected a majority of the Executive Board), amendments to the Declaration, Articles of Incorporation or Bylaws of the Association must first be approved by the VA or FHA if either VA or FHA has approved the Community for VA guaranteed or FHA insured loans. Further,the Association may not be merged or consolidated with another association without the prior written consent of the VA or FHA if either VA or FHA has approved the Community for VA guaranteed or FHA insured loans. • Section 11.9 Security Disclaimer . The Association may, but shall not be required to, from time to time, provide measures or take actions which directly or indirectly improve security in the Community; however, each Owner, for himself or herself and his or her tenants, guests, licensees and invitees, acknowledges and agrees 36 that the Association is not a provider of security and shall have no duty to provide security in the Community. Furthermore,the Association does not guarantee that non- Owners and non-occupants will not gain access to the Community and commit criminal • acts in the Community, nor does the Association guarantee that criminal acts in the Community will not be committed by other Owners or occupants. It shall be the responsibility of each Owner to protect his or her person and property and all responsibility to provide such security shall lie solely with each Owner. The Association shall not be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of measures taken. Section 11.10 Captions . All captions and titles used in this Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise affect that which is set forth in any paragraph, section or article hereof. Section 11.11 Interpretation . The provisions of this Declaration shall be construed to effectuate their purposes of creating a uniform plan for promoting and effectuating the fundamental concepts as set forth in this Declaration. The Board of Directors shall have the authority to interpret the meaning of any provision contained in this Declaration. Section 11.12 Singular Includes the Plural . Unless the context otherwise requires, the singular shall include the plural, and the plural shall include the singular, and each gender referral shall be deemed to include the masculine, feminine and neuter. Section 11.13 Education and Training . As a Common Expense,the Association • may provide education and training opportunities for Owners, residents and occupants, including providing funding and permitting facilities use for such purposes. The Association may provide education and training activities as a tool for fostering Owner, resident and occupant awareness of governance, operations and concerns of the Community and of the Association. Appropriate educational topics include dispute or conflict resolution, issues involving the Governing Documents, and education or topics benefitting or contributing to operation or governance of the Community. The Association may also fund and support education and training for officers and Directors. Section 11.14 Validity of Amendments . Any action to challenge the validity of an amendment of this Declaration must be brought within one year after the amendment is recorded in the real property records of Gallatin County, Montana. • 37 • IN WITNESS WHEREOF, the Declarant has caused this Declaration of the Baxter Meadows Central Condominiums to be executed by its duly authorized agents this day of , 2005. Baxter Meadows Development LP, a Montana By: Manager and Authorized Agent STATE OF MONTANA ) ss. COUNTY OF ) The foregoing Declaration was acknowledged before me on this day of , 20_, by as Manager and Authorized Agent of Baxter Meadows Development LP, a Montana Witness my hand and official seal. • Notary Public Resides at My commission expires • F EXHIBIT A DESCRIPTION OF PROPERTY There is no initial "Property" in the Community. Property may be added by exercise of reserved development rights, as set forth in this Declaration. Property added to the Community may be subject to the following easements and interests of record: 1. Plat of Baxter Meadows West Filing No. ; as amended and supplemented of record; 2. The Master or Community Declaration for the Baxter Meadows Master Community. 3. Other instruments of record. • • 39 • i EXHIBIT B INITIAL UNITS There are no initial Units in the Community. Units may be added or created by exercise of reserved development rights, which rights are set forth in this Declaration. • • 40 EXHIBIT C PROPERTIES OWNED BY DECLARANT WHICH MAY BE ADDED • TO THE DECLARATION Lots and , BAXTER MEADOWS, FILING NO. , County of Gallatin, State of Montana. { 41 EXHIBIT D OTHER PROPERTIES WHICH MAYBE ADDED TO THE DECLARATION All or part of any real estate located adjacent to the Community, or across a public street or alley from the Community, provided the owner of that real estate consent. • 42 F AFTER RECORDING PLEASE RETURN TO: ORTEN&HINDMAN,P.C. 11901 W. 48t'Avenue Wheat Ridge, Colorado 80033-2166 Attn: JCMO • 43 1 I � �� • • • • i BYLAWS OF BAXTER MEADOWS CENTRAL CONDOMINIUMASSOCIATION, INC. 0 • 1 BYLAWS • OF BAXTER MEADOWS CENTRAL CONDOMINIUMASSOCIATION, INC. ARTICLE 1 INTRODUCTION,PURPOSES AND DEFINITIONS Section 1.1 Introduction . These are the Bylaws of Baxter Meadows Central Condominium Association, Inc. (the"Association'), which Association operates under the Montana nonprofit corporate law, as amended, and applicable portions of the Unit Ownership Act, as amended(the "Act"). Section 1.2 P oses . The purposes for which the Association was formed are to preserve and enhance the value of the properties of Members and to operate, govern, manage, supervise and care for the Common Interest Community and the Common Elements of"Baxter Meadows Central Condominiums" (the"Community"), situated in Gallatin County, State of Montana, as the Community was created pursuant to the Declaration and Map. Section 1.3 Definitions . Terms used herein shall have the meanings set forth in the Declaration, unless expressly defined herein. ARTICLE 2 • MEMBERSHIP Section 2.1 Membership . Every person or entity who is a record owner of a Unit which is subject to the Declaration shall be a Member of the Association. Members shall be of such classes, if any, established by the Declarant, or established in the Declaration, as the Declaration is amended from time to time. Membership shall be appurtenant to and may not be separated from ownership of any Unit. Ownership of a Unit shall be the sole qualification for membership. Each Member shall be allocated votes pursuant to the Declaration. Section 2.2 Suspension of Member Rights . During any period in which a Member shall be in default in the payment of any Common Expense Assessment levied by the Association,the voting rights of and right to use any recreational facilities of the Community by such Member shall be deemed suspended by the Executive Board, without notice or hearing, until such Assessment has been paid. Voting rights and use rights of an Owner may also be suspended, after notice and the opportunity for a hearing, during any period of violation of any other provision of the Governing Documents, whichever is greater. • 2 • ARTICLE 3 MEETINGS OF MEMBERS Section 3.1 Annual Meetings . An annual meeting of the Members shall be held during each of the Association's fiscal years, at such time of the year and date as determined by the Executive Board and set forth in the notice. At these meetings,the Directors shall be elected by ballot of the Members, in accordance with the provisions of these Bylaws,the Declaration and Articles. The Members may transact other business as may properly come before them at these meetings. Failure to hold an annual meeting shall not work a forfeiture or dissolution of the Association. Section 3.2 Special Meetings . Special meetings of the Association may be called by the President,by a majority of the members of the Executive Board or by the Secretary upon receipt of a petition signed by Owners comprising at least 20% of the votes in the Association. The form of notice, date, time and place of the meeting shall be determined by the Board. If a notice for a special meeting demanded pursuant to petition is not given by the Secretary within 30 days after the date the written demand or demands are delivered to the Secretary,the person signing the demand or demands may set the time and place of the meeting and give notice, pursuant to the terms of these Bylaws. Any meeting called under this Section shall be conducted by the President of the Board, or in his/her absence, a person chosen by a majority of the Board. Section 3.3 Budget Meeting . Meetings to consider proposed budgets may be called • in accordance with the Declaration. If a budget meeting is called, the budget process allows for a veto by a percentage of the membership of a proposed budget adopted by the Executive Board. Section 3.4 Notice of Meetings . Written notice of each meeting of Members shall be given by or at the direction of the Secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, or by personal delivery, at least 10 days before, but not more than 60 days before such meeting, to each Member entitled to vote, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting and, in the case of a special meeting, the purpose of the meeting. No matters shall be heard nor action adopted at a special meeting except as stated or allowed in the notice. Section 3.5 Owner Addresses for Notices . Unless an Owner shall have notified the Association by registered or certified mail of a different address, any notice required to be given, or otherwise given by the Association under these Bylaws to any Owner or any other written instrument to be given to any Owner, may be mailed to such Owner in a postage prepaid envelope and mailed by first-class, registered or certified mail to the address of the Unit shown upon the Association's records as being owned by such Owner. If more than one Owner owns a particular Unit,then any notice or other written instrument may be addressed to all of such Owners and may be mailed in one envelope in accordance with the foregoing. Any notice or other written instrument given by the Association in accordance with the foregoing will be deemed to have been given on the date that it is mailed. • 3 0 • Section 3.6 Place of Meetings . Meetings of the Members shall be held in the • Community, or in the Gallatin County area, and may be adjourned to a suitable place convenient to the Members, as may be designated by the Executive Board or the President. Section 3.7 Quorum of Members . The presence at a meeting of Members, in person or by proxy, of Members entitled to cast 25% of all the votes shall constitute a quorum for any action except as otherwise provided in the Articles, Declaration and these Bylaws. If the required quorum is not present at a meeting,the Members who are present shall have power to adjourn the meeting from time to time (to a later date) without notice other than announcement at the meeting until a quorum of 12% of the Members, in person or by proxy shall be present or represented. Section 3.8 Adjournment of the Meeting . By majority vote (as provided herein), any meeting of the Owners may be adjourned to another time and place or to a time and place to be designated by notice. Section 3.9 Member Votiniz . At all meetings of Members, each Member may vote in person or by proxy. If only one of several Owners of a Unit is present at a meeting of the Association, the Owner present is entitled to cast the vote allocated to the Unit. If more than one of the Owners is present, the vote allocated to the Unit may be cast only in accordance with the agreement of a majority of those Owners. Majority agreement exists if any one of the Owners casts the vote allocated to the Unit without protest being made promptly to the person presiding over the meeting by another Owner of the Unit. In the event of disagreement between or among • co-Owners and an attempt by two or more of them to cast such vote or votes, such vote or votes shall not be counted. The vote of a corporation or business trust may be cast by any officer of that corporation or business trust in the absence of express notice of the designation of a specific person by the Executive Board or Bylaws of the owning corporation or business trust. The vote of a partnership may be cast by any general partner of the owning partnership in the absence of express notice of the designation of a specific person by the owning partnership. The moderator of the meeting may require reasonable evidence that a person voting on behalf of a corporation, partnership or business trust Unit Owner is qualified to vote. Votes allocated to Units owned by the Association may not be cast. Section 3.10 Proxies . The vote allocated to a Unit may be cast under a proxy duly executed by a Unit Owner. All proxies shall be in writing and filed with the Secretary or designee of the Association. If a Unit is owned by more than one person, each Unit Owner of the Unit may vote or register protest to the casting of the vote by the other Owners of the Unit through a duly executed proxy. In the event of disagreement between or among co-Owners and an attempt by two or more of them to cast such vote or votes, such vote or votes shall not be counted. A Unit Owner may revoke a proxy given under this section only by actual notice of revocation to the person presiding over a meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates 11 months after its date, unless it specifies a shorter term or a specific purpose. • 4 • Section 3.11 Majority Vote . The vote of a majority of the votes present, in person or by proxy at a meeting at which a quorum is present, shall be binding upon all Unit Owners for all purposes except where a higher percentage vote is required in the Declaration, Articles, these Bylaws or by law. Section 3.12 Voting Procedures . Voting may be by voice, by show of hands,by consent, by mail, by electronic means, by directed proxy,by written ballot, or as otherwise determined by the Executive Board or the Members present at a meeting. (a) In case of a vote by mail or electronic means,the Secretary shall mail or deliver written notice to all Members at each Member's address as it appears in the records of the Association given for notice purposes. The notice shall include: (i) a proposed written resolution setting forth a description of the proposed action, (ii) a statement that Members are entitled to vote by mail or electronic means for or against such proposal, (iii) a date at least 10 days after the date such notice shall have been given on or before which all votes must be received at the office of the Association at the address designated in the notice, and(iv)the number of votes which must be received to meet the quorum requirement and the percentage of votes received needed to carry the vote. Voting by mail shall be acceptable in all instances in the Declaration, Articles or these Bylaws requiring the vote of Members at a meeting. (b) The Executive Board may conduct elections of Directors by mail or electronic means, in its sole discretion, and pursuant to procedures adopted by it; • provided however, that any procedures adopted shall provide for notice to Members of the opportunity to run for a vacant position and/or nominate any Member of the Association for a vacant position, subject to the nominated Member's consent. (c) In an election of Directors,the Members receiving the largest number of votes shall be elected. Section 3.13 Order of Business and Rules at Meeting . The Executive Board may establish the order of business and prescribe reasonable rules for the conduct of all meetings of the Executive Board and Unit Owners. At meetings of the Members, the Executive Board may order the business of the meeting as follows: (a) Roll call (or check-in procedure); (b) Proof of notice of meeting; (c) Reading of Minutes of preceding meeting; (d) Reports; (e) Establish number and term of memberships of the Executive Board(if required and noticed); (f) Selection of inspectors/tellers to count ballots; • (g) Election of Directors of the Executive Board(when required); (h) Consideration of budget and possible veto by the Owners (if required and noticed); 5 (i) Unfinished business; and • i (j) New business. Failure to strictly follow Robert's Rules of Order shall not invalidate any action taken at a meeting of the Board or Members. Section 3.14 Waiver of Notice . Any Member may, at any time, waive notice of any meeting of the Members in writing, and the waiver shall be deemed equivalent to the receipt of notice. Attendance at the meeting shall constitute a waiver of notice unless attendance is for the express purpose of objecting to the sufficiency of the notice, in which case, such objection must be raised before the business of which proper notice as not given is put to a vote. ARTICLE 4 EXECUTIVE BOARD Section 4.1 Number and Term of Office . The affairs of the Community and the Association shall be governed by an Executive Board which shall consist of three Members, elected or appointed as provided below(the"Executive Board"). The terms of office of Directors shall be three years or until such time as a successor is elected, and the terms of at least 1/3 of the Directors shall expire annually. At any meeting at which Directors are to be elected, the Unit Owners may, by resolution, adopt specific procedures which are not inconsistent with these Bylaws or the Montana nonprofit corporate law for conducting the elections. . Section 4.2 Qualification . (a) Only Owners, eligible to vote, current in the payment of Assessments, and otherwise in good standing, may be elected to, or appointed to fill a vacancy on the Board. (b) If any Unit is owned by a partnership or corporation, any officer,partner or employee of that Member shall be eligible to serve as a Director and shall be deemed to be a Member for the purposes of these Bylaws. (c) Once elected, a Director may not be more than 60 days delinquent in payment of any Assessment. (d) Any Director who has un-excused absences from three consecutive Board meetings shall not be qualified to serve on the Board. (e) Once elected or appointed, each Director shall attend at least one educational program per year related to the management, operation or law of community associations. The Director shall be entitled to reimbursement of any expenses incurred in attending such educational program(s), as long as approved, in advance, by the Board of Directors. Any Director who has failed to attend an educational program as set forth in . this provision shall not be qualified to serve on the Board. 6 • • (f) If a Director is not qualified, the Director's position shall be deemed vacant. • Section 4.3 Election . The Executive Board shall be elected by the Members at the Annual Meeting. The Members may adopt specific procedures which are not inconsistent with these Bylaws or the Act for conducting the elections by written ballot. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. The Declaration shall govern appointment of Directors of the Executive Board during the Period of Declarant Control, as allowed under the Declaration. Section 4.4 Resignation of Directors . Any Director may resign at any time by giving written notice to the President, to the Secretary or to the Executive Board stating the effective date of such resignation. Acceptance of such resignation shall not be necessary to make the resignation effective. Section 4.5 Removal of Directors . (a) One or more Directors or the entire Executive Board may be removed at any meeting of the Members called pursuant to these Bylaws, with or without cause, by a vote of 67% of all Members present and entitled to vote. Notice of a meeting of the Members to remove Directors shall set forth that the meeting is being conducted for that purpose and shall be provided to every Member of the Association, including the Directors sought to be removed, as provided in these Bylaws. Directors appointed by the Declarant may not be removed by the Members under this section of the Bylaws. • Directors sought to be removed shall have the right to be present at this meeting and shall be given the opportunity to speak to the Members prior to a vote to remove being taken. (b) In the event of removal of one or more Directors, a successor shall be elected by the Members at the meeting to serve for the unexpired term of his or her predecessor. Section 4.6 Vacancies . Vacancies in the Executive Board caused by any reason (other than removal) may be filled by the Executive Board at any time after the occurrence of the vacancy, even though the Directors present at that meeting may constitute less than a quorum. These appointments shall be subject to the reserved rights of Declarant to appoint Directors, unless those rights have expired, in which event, appointments shall be made by a majority of the remaining elected Directors constituting the Executive Board. Each person so appointed shall be a Director who shall serve for the remainder of the unexpired term. Section 4.7 Compensation . No Director shall receive any compensation from the Association for any service they may render as a Director, or for acting as such, unless approved by a majority of the votes in the Association at a regular or special meeting of the Association. However, any Director may be reimbursed for actual expenses incurred in the performance of Association duties on behalf of the Association upon approval of a majority of the other Directors. Nothing herein shall prohibit the Association from compensating a Director, or any entity with which a Director is affiliated, for services or supplies furnished to the Association in a capacity other than as a Director pursuant to a contract or agreement with the Association, • provided that such Director's interest was made known to the Board prior to entering into such contract and such contract was approved by a majority of the Executive Board, excluding the interested Director. 7 ARTICLE 5 MEETINGS OF THE EXECUTIVE BOARD • Section 5.1 Regular Meetings . Regular meetings of the Executive Board shall be held at least twice per year at such place and hour as may be fixed by the Board, without notice. The Board may set a schedule of additional regular meetings by resolution and no further notice is necessary to constitute regular meetings, except as may be required by law. Section 5.2 Special Meetings . Special meetings of the Executive Board shall be held when called by the President of the Association or by any two Directors after not less than one day notice to each Director. The notice shall be delivered in a manner whereby confirmation of receipt of the notice is received and shall state the time, place and purpose of the meeting. Section 5.3 Notice of Board Meetings . Except as set forth in Section 5.1 above, written notice of each meeting of the Board shall be given by, or at the direction of, the Secretary or person authorized to call the meeting, by mailing a copy of such notice,postage prepaid, at least three days before such meeting, or by any other means permitted by the Montana nonprofit corporate law, including, but not limited to, personal delivery, facsimile, and e-mail delivery,to each Board member entitled to vote, addressed to the Board member's address last appearing on the books of the Association, or supplied by such Board member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting. Section 5.4 Location of Meetings_and Open Meetings . All meetings of the Executive Board shall be open to attendance by Members, as provided by applicable Montana law. All meetings of the Executive Board shall be held in the Community, by conference call, electronic • means or within the Gallatin County area, unless all Directors consent in writing to another location. Section 5.5 Waiver of Notice . Any Director may waive notice of any meeting in writing. Attendance by a Director at any meeting of the Board shall constitute a waiver of notice. If all the Directors are present at any meeting, no notice shall be required and any business may be transacted at such meeting. Section 5.6 Quorum . At all meetings of the Executive Board, a majority of the Directors shall constitute a quorum for the transaction of business, unless there are less than three Directors, in which case, all Directors must be present to constitute a quorum. The votes of a majority of the Directors present at a meeting at which a quorum is present shall constitute a decision of the Board unless there are less than three Directors, in which case, unanimity of the Directors is required to constitute a decision of the Board. If, at any meeting, there shall be less than a quorum present, a majority of those present may adjourn the meeting. Section 5.7 Proxies for Board Meetings . For the purposes of determining a quorum with respect to a particular proposal and for the purposes of casting a vote for or against that particular proposal, a Director may execute, in writing, a proxy,to be held by another Director. The proxy shall specify either a yes, no or abstain vote on each particular issue for which the proxy was executed. Proxies which do not specify a yes, no or abstain vote shall not be counted for the purpose of having a quorum present or as a vote on the particular proposal before the • Board. 9 • Section 5.8 Consent to Corporate Action . The Directors shall have the right to take any action in the absence of a meeting, which they could otherwise have taken at a meeting, by: (a) Obtaining the unanimous verbal vote of all Directors which vote shall be noted in the minutes of the next meeting of the Board and ratified at such time; (b) Obtaining the written vote of all of the Directors, with at least a majority of the Directors approving the action, provided that those Directors who vote"no" or abstain from voting have waived notice of a meeting in writing. The Secretary shall file the written votes with the minutes of the meetings of the Executive Board; (c) Any action taken under subsections (a) and (b) shall have the same effect as though taken at a meeting of the Directors. Section 5.9 Telephone Communication in Lieu of Attendance . A Director may attend a meeting of the Executive Board by using an electronic or telephonic communication method whereby the Director may be heard by the other members and may hear the deliberations of the other members on any matter properly brought before the Executive Board. The Director's vote shall be counted and his or her presence noted as if that Director were present in person on that particular matter. ARTICLE 6 POWERS AND DUTIES OF THE EXECUTIVE BOARD Section 6.1 Powers and Duties . The Executive Board may act in all instances on behalf of the Association, except as provided in the Declaration, Articles, these Bylaws or the Act. The Executive Board shall have, subject to the limitations contained in the Declaration, Articles and the Act,the powers and duties necessary for the administration of the affairs of the Association and of the Community, and for the operation and maintenance of the Community as a first class residential property, including the following powers and duties: (a) Exercise any other powers conferred by the Declaration, Bylaws or Articles of Incorporation; (b) Adopt and amend Bylaws and Rules and Regulations, including penalties for infraction thereof, (c) To keep and maintain full and accurate books and records showing all of the receipts, expenses, or disbursements of the Association; -(d) Adopt and amend budgets for revenues, expenditures and reserves (subject to the budget being distributed to the Owners and not vetoed by the Owners at a meeting of the Owners, as that procedure is set forth in the Declaration and in these Bylaws); (e) As a part of the adoption of the regular.budget the Executive Board shall include an amount which, in its reasonable business judgment, will establish and maintain a • reserve fund for the replacement of those Improvements that it is obligated to maintain, based upon age, remaining life, quantity and replacement cost; 9 (f) Allocate, assess and collect from each Owner its proportionate share of the Assessments imposed by the Association and pay those Assessments to the Association. • (g) Hire and discharge managing agents,provided that any agreement for professional management of the Community may not exceed one year. Any such agreement must provide for the termination by either party without cause and without payment of a termination fee or penalty upon 30 days written notice; (h) Hire and discharge employees, independent contractors and agents other than managing agents, and prescribe their duties; (i) Institute, defend or intervene in litigation or administrative proceedings or seek injunctive relief for violations of the Governing Documents in the Association's name, on behalf of the Association or two or more Owners on matters affecting the Community; 0) Make contracts, administer financial accounts and incur liabilities in the name of the Association; (k) Regulate the use, maintenance, repair, replacement and modifications of Common Elements; (1) Cause additional improvements to be made as a part of the Common Elements; (m) Acquire, hold, encumber and convey, in the Association's name and in the ordinary course of business, any right, title or interest to real estate or personal property; (n) Borrow funds and secure loans with an interest in future Assessments in order to pay for any expenditure or outlay required pursuant to the authority granted by the provisions of the recorded Declaration and these Bylaws, and to execute all such • instruments evidencing such indebtedness as the Board of Directors may deem necessary and give security therefore subject to the requirements set forth in the Declaration; (o) Grant easements for any period of time, including permanent easements, and grant leases, licenses and concessions for no more than one year, through or over the Common Elements; (p) Impose and receive a payment, fee or charge for services provided to Unit Owners and for the use, rental or operation of the Common Elements; (q) Impose a reasonable charge for late payment of Assessments and after notice and hearing, levy reasonable fines or Assessments provided for or allowed in the Declaration, Bylaws, Rules and Regulations of the Association; (r) Keep and maintain full and accurate books and records showing all of the receipts, expenses or disbursements of the Association; (s) Impose a reasonable charge for the preparation and recording of amendments to the Declaration, liens or statements of unpaid Assessments; (t) Provide for the indemnification of the Association's Officers and the Executive Board and maintain Directors' and Officers' liability insurance; (u) Procure and maintain adequate liability and hazard insurance on property owned by the Association and as further set forth in the Declaration; • 10 • 0 (v) Cause all Directors, Officers, employees or agents having fiscal responsibilities to is be bonded or insured, as it may deem appropriate and in such amounts as it may deem appropriate; (w) Exercise for the Association all powers, duties, rights and obligations in or delegated to the Association and not reserved to the membership by other provisions of the Declaration, Articles,these Bylaws or the Act; and (x) Exercise any other powers conferred by the Declaration or Bylaws. Section 6.2 Manager . The Executive Board may employ a manager, at a compensation established by the Board,to perform duties and services authorized by the Board. Licenses, concessions and contracts may be executed by the manager pursuant to specific resolutions of the Board and to fulfill the requirements of the budget. The Board shall have the authority to delegate any of the powers and duties set forth in this Article to a manager or managing agent. Regardless of any delegation to a manager or managing agent, the members of the Board shall not be relieved of responsibilities under the Declaration, Articles, these Bylaws or Montana law. ARTICLE 7 -- OFFICERS AND THEIR DUTIES Section 7.1 Enumeration of Offices . The Officers of this Association shall be a President, Vice President, Secretary and Treasurer, who shall at all times be members of the Executive Board, and such other officers as the Executive Board may from time to time create • by resolution. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to authority in these Bylaws, and that the offices of the Secretary and Treasurer may be held by the same person. Section 7.2 Appointment of Officers . The Officers shall be appointed by the Executive Board at the organizational meeting of each new Executive Board. The Officers shall hold office at the pleasure of the Executive Board. Thereafter,the Officers shall be elected for a one year term at the first meeting of the Executive Board following each annual meeting of the Members. Section 7.3 Special Appointments . The Executive Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Executive Board may, from time to time, determine. Section 7.4 Resignation and Removal . Any Officer may resign at any time by giving written notice to the Executive Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein. Acceptance of such resignation shall not be necessary to make it effective. Any Officer may be removed from office with or without cause by a majority of the Executive Board. Section 7.5 Vacancies . A vacancy in any office may be filled by appointment by the • Executive Board by majority vote of the Board. The Officer appointed to such vacancy shall serve for the remainder of the term of the Officer he replaces. Section 7.6 Duties . The Duties of the Officers are as follows: 7.6.1 President. The President shall have all of the general powers and duties • which are incident to the office of president of a Montana nonprofit corporation including, but not limited to, the following: preside at all meetings of the Executive Board, appoint committees, and see that orders and resolutions of the Executive Board are carried out; sign all contracts, leases and other written instruments; direct, supervise, coordinate and have general control over the day to day affairs. The President may cause to be prepared and may execute amendments, attested by the Secretary, to the Declaration and these Bylaws on behalf of the Association, following authorization or approval of the particular amendment, as applicable. 7.6.2 Vice President. The Vice President shall take the place of the President and perform the President's duties whenever the President is absent or unable to act. If neither the President nor the Vice President is able to act, the Executive Board shall appoint some other Director to act in the place of the President on an interim basis. The Vice President shall also perform other duties imposed by the Executive Board or by the President. 7.6.3 Secretary. The Secretary shall have charge or shall keep the Minutes of all meetings of the Owners and proceedings of the Executive Board and the Members; serve notice of meetings of the Board and of the Members; keep appropriate current records showing the Member's names and addresses. The Secretary shall have charge of the Association's books and papers and shall perform all the duties incident to the office of secretary of a nonprofit corporation organized under the laws of the State of Montana. The Secretary may cause to be prepared and may attest to execution by the President of amendments to the Declaration and the • Bylaws on behalf of the Association, following authorization or approval of the particular amendment, as applicable. 7.6.4 Treasurer. The Treasurer shall be responsible for Association funds and for keeping full and accurate financial records and books of account showing all receipts and disbursements and for the preparation of all required financial data. This Officer shall be responsible for the deposit of all monies and other valuable effects in depositories designated by the Executive Board and shall perform all the duties incident to the office of treasurer of a nonprofit corporation organized under the laws of the State of Montana. The Treasurer may endorse on behalf of the Association, for collection only, checks, notes and other obligations and shall deposit the same and all monies in the name of and to the credit of the Association in banks designated by the Association. Section 7.7 Delegation . The duties of any Officer may be delegated to the manager or another Executive Board member;provided, however, the Officer shall not be relieved of any responsibility under these Bylaws or under Montana law. Section 7.8 Agreements, Contracts, Deeds, Checks, Etc . Except as provided in these Bylaws, all agreements, contracts, deeds, leases, checks and other instruments of the Association shall be executed by any Officer of the Association or by any other person or persons designated by the Executive Board. Section 7.9 Statements of Unsaid Assessments The Treasurer, assistant treasurer, a • manager employed by the Association, if any, or, in their absence, any Officer having access to 12 0 0 the books and records of the Association may prepare, certify, and execute statements of unpaid • Assessments. The Association may charge a reasonable fee for preparing statements of unpaid Assessments. The amount of this fee and the time of payment shall be established by resolution of the Executive Board. Any unpaid fees may be assessed as a Common Expense against the Unit for which the certificate or statement is furnished. Section 7.10 Compensation . Compensation of Officers shall be subject to the same limitations as imposed in these Bylaws on compensation of Directors. ARTICLE 8 -- COMMITTEES Section 8.1 Designated Committees . The Association may appoint committees, as deemed appropriate, in carrying out its purposes. Committees shall have authority to act only to the extent designated in the Governing Documents or delegated by the Executive Board. ARTICLE 9 --ENFORCEMENT Section 9.1 Abatement and Enjoinment of Violations by Unit Owners . The violation of any of the Rules and Regulations adopted by the Executive Board or the breach of any provision of the Governing Documents shall give the Executive Board the right, after notice and hearing, except in case of an emergency, in addition to any other rights set forth in these Bylaws: (a) To enter the Unit or Limited Common Element in which, or as to which,the • violation or breach exists and to summarily abate and remove, at the expense of the defaulting Unit Owner, any structure, thing or condition(except for additions or alterations of a permanent nature that may exist in that Unit)that is existing and creating a danger to the Common Elements contrary to the intent and meaning of the provisions of the Governing Documents. The Executive Board shall not be deemed liable for any manner of trespass by this action; or (b) To enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity,the continuance of any breach. Section 9.2 Fines for Violation . By action of the Executive Board, following notice and hearing,the Executive Board may levy reasonable fines for a violation of the Governing Documents or rules. ARTICLE 10 -- BOOKS AND RECORDS Section 10.1 Records . The Association or its manager or managing agent, if any, shall keep the following records: (a) An account for each Unit, which shall designate the name and address of each Unit Owner,the name and address of each mortgagee who has given notice to the Association that it holds a mortgage on the Unit, the amount of each Common Expense • Assessment, the dates on which each Assessment comes due, any other fees payable by the Unit Owner, the amounts paid on the account and the balance due; 13 0 0 (b) An account for each Unit Owner showing any other fees payable by the Unit Owner; • (c) The most recent regularly prepared balance sheet and income and expense statement, if any, of the Association; (d) The current operating budget; (e) A record of any unsatisfied judgments against the Association and the existence of any pending suits in which the Association is a defendant; (f) A record of insurance coverage provided for the benefit of Unit Owners and the Association; (g) Tax returns for state and federal income taxation; (h) Minutes of proceedings of meetings of the Unit Owners, Directors, committees of Directors and waivers of notice; (i) Copies of at least the three most recent years' correspondence between the Association and Owners; and 0) A copy of the most current versions of the Declaration, Articles, Bylaws, Rules and Regulations, and Resolutions of the Executive Board, along with their exhibits and schedules. Section 10.2 Examination . The books, records and papers of the Association shall at all times, during normal business hours and after reasonable notice, be subject to inspection and copying by any Member, at their expense, for any proper purpose, except documents determined by the Board to be confidential pursuant to a written policy or applicable law. The Executive Board or the manager shall determine reasonable fees for copying. ARTICLE 11 --INDEMNIFICATION Section 11.1 Obligation to Indemnify . (a) The Association shall indemnify any person: (i) Who was or is a party, or is threatened to be made a party, to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Association); (ii) By reason of the fact that,that person is or was a Director, Officer or committee member of the Association; (iii) Provided that the person is or was serving at the request of the Association in such capacity; (iv) But no indemnification shall be made where: (1) The person has been adjudged to be liable for negligence or • 14 misconduct in the performance of his or her duties to the 0 . Association, unless a court determines that, despite the adjudication of liability, but in view of all circumstances of the case,the person is fairly and reasonably entitled to indemnification for the expenses if the court deems proper. (b) The Association's obligation for indemnification shall include: (i) Actual and reasonable expenses (including expert witness fees, attorney fees and costs); (ii) Judgments and fines; and (iii) Reasonable amounts paid in settlement. (c) The Association shall indemnify when the person identified in subsection(a) of this Section: (i) Acted in good faith, and; (ii) In a manner which the person reasonably believed to be in the best interests of the Association, and; (iii) With respect to any criminal action or proceeding,had no reasonable cause to believe the conduct was unlawful; (iv) To the extent that the person has been wholly successful on the merits in defense of any action, suit or proceeding as described above, the • person shall be indemnified against actual and reasonable expenses (including expert witness fees, attorney fees and costs) incurred in connection with the action, suit or proceeding. Section 11.2 Determination Required . (a) The Executive Board shall determine whether the person requesting indemnification has met the applicable standard of conduct set forth above. The determination shall be made by the Executive Board: (i) By majority vote of a quorum consisting of those members of the Executive Board who were not parties to the action, suit or proceeding, or; (ii) By independent legal counsel in a written opinion if a majority of those members of the Executive Board who were not parties to the action, suit or proceeding so directs, or; (b) Additionally, the determination may be made by: (i) By a vote of the Members if a majority of those members of the Executive Board who were not parties to the action, suit or proceeding so directs. (c) Determination of any action, suit or proceeding by judgment, order, • settlement or conviction, or upon a plea of nolo contendere or its equivalent, shall not of itself create a presumption that the person did not act in good faith and in a manner reasonably believed to be in the best interests of the Association and, with respect to any 15 • • criminal action or proceeding, had reasonable cause to believe the conduct was unlawful. Section 11.3 Payment in Advance of Final Disposition . The Association shall pay for • or reimburse the reasonable expenses as described above in advance of final disposition of the action, suit or proceeding if the person requesting indemnification provides the Executive Board with: (a) A written affirmation of that person's good faith belief that he or she has met the standard of conduct described above and; (b) A written statement that such person shall repay the advance if it is ultimately determined that he or she did not meet the standard of conduct described above. Section 11.4 No Limitation of Rights . The indemnification provided in this Article shall not be deemed exclusive of nor a limitation upon any other rights to which those indemnified may be entitled under any bylaw, agreement, vote of the Members or disinterested members of the Executive Board, or otherwise, nor by any rights which are granted pursuant to C.R.S. § 38-33.3-101, et seq., and the Montana nonprofit corporate law, as those statutes may be amended from time to time. Section 11.5 Directors and Officers Insurance . The Association may purchase and maintain insurance on behalf of any person who is or was a member of the Executive Board, the manager, committee members, or anyone acting at the direction of the Board, covering defense and liability expenses arising out of any action, suit or proceeding asserted against such person by virtue of such person's actions on behalf of the Association or at the direction of the Board, whether or not the Association would have the power to indemnify such person against such liability under provisions of this Article. ARTICLE 12 --MISCELLANEOUS Section 12.1 Notices to the Association . All notices to the Association or the Executive Board shall be delivered to the office of the manager, or if there is no manager, to the office of the Association, or to such other address as the Executive Board may designate by written notice to all Owners. Except as otherwise provided, all notices to any Owner shall be mailed to the Owner's address as it appears in the records of the Association. All notices shall be deemed to have been given when mailed or transmitted, except notices of changes of address, which shall be deemed to have been given when received. Section 12.2 Waiver . No restriction, condition, obligation or provision contained in these Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. Section 12.3 Office . The principal office of the Association shall be within the Community or at such other place as the Executive Board may from time to time designate. Section 12.4 Working Capital . A working capital fund is established pursuant to the • Declaration. Any amounts paid into this fund shall not be considered as advance payment of Assessments. Each Unit's share of the working capital fund may be collected and then 16 contributed to the Association by the Declarant at the time the sale of the Unit is closed or at the • termination of Declarant control. Until paid to the Association, the contribution to the working capital shall be considered an unpaid Common Expense Assessment. ARTICLE 13 --AMENDMENTS Section 13.1 Bylaw AmendmentsNote of the Members . These Bylaws may be amended only by the affirmative vote of Owners representing at least 75% of all votes in the Association, and by recording of the amendment, if required under the Act. Section 13.2 Restrictions on Amendments . No amendment of the Bylaws of this Association shall be adopted which would affect or impair the validity or priority of any security interest covering any Unit, or which would materially change the provisions of the Bylaws with respect to a first lien security interest or the interest of an institutional mortgagees of record. • • 17 r CERTIFICATION I, the undersigned, do hereby certi that I am the Secret of Baxter Meadows Central • g Y f3' �' Condominium Association, Inc., a Montana nonprofit corporation, and that the foregoing Bylaws constitute the Bylaws of said Association, as duly adopted by the Executive Board. „1 , Secretary STATE OF MONTANA ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 200_, by I , as Authorized Agent of Baxter Meadows Central Condominium Association, Inc. Witness my hand and official seal. Notary Public • My commission expires: • • . • AFTER RECORDING RETURN TO: Orten&Hindman, P.C. 11901 W. 48" Avenue Wheat Ridge, CO 80033-2166 Attu: JCMO • • 19 �8� • • • !� • t ��� �` i r �. I t`i N,l {.{ i� . � 8 r 44I 1 f 4 � , I i j� I i �i ffib f� ;� '��V tk r,�. �� �. • AFFIDAVIT CONCERNING REMAINDER TRACTS This statement is made by Gerald R. Williams, on behalf of Baxter Meadows Development, L.P., a Montana Limited Partnership, of P.O. Box 81487, Billings, MT 59108. 1. Baxter Meadows Development, L.P. is the developer of Sub-Phases 2C & 2D of the Baxter Meadows Development. 2. Gerald R. Williams is president of Baxter Meadows Construction Inc., the general partner of Baxter Meadows Development, L.P. 3. None of the original tracts of record of property owned by Baxter Meadows • Development, L.P. that have or will become remainder tracts of less than 160 acres as a consequence of recognition of the Baxter Meadows Sub-Phases 2C & 2D Subdivision were created for the purposes of transfer. Your Affiant further states that any subsequent transfer of said tracts will not occur prior to filing of a subdivision plat or certificate of survey reviewed and approved by the City of Bozeman. FURTHER, AFFIANT SAYETH NAUGHT. GERALD R. WILLIAMS STATE OF MONTANA ) ss. COUNTY OF GALLATIN ) SUBSCRIBED AND SWORN to before me this AS""—day of A-IAAVL.4- , 20945 Notary Publl for the State of Montana Print Name: 7.e-p-,-% 2:-K 1lo Residing at: 140A-kA L--c- (SEAL) My Commission Expires: (y 3/, P-� s SURVEY PURPOSE: TO CREATE 76 LOTS AND 5 PARK PARCELS. PLAT OF BAXTER MEADOWS SUBDIVISION, PHASES 2C & 2D THE COMMISSIONER OF THIS SURVEY IS PC DEVELOPMENT. TWO PARCELS OF LAND, BEING PORTIONS OF TRACT 2A OF CERTIFICATE OF SURVEY NO. 2202A, LOCATED IN THE SOUTHEAST QUARTER AND IN THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA, • - TOTAL AREA: 22.27 ACRES € I I EXISTING PHASES IN SECTION 34 I I sn x-.c.P.:�o.oR• x: N89'41'STE 213.08' �1 l� OF TRACT 2A g S� I < E.r / r-------------- � s.An ' REMPINOEP.NO.2202P 9oA0' I PUBLIC STREET k UTRITY tt ^ I C.O.S. —] j EASEMENT DOC.12103143 N89'41'57E 433.30' (EXHIB.G e B) $ q� /r------------ --------------- c SEWER a WATER PIPEUNE et •~ n ' P1TASe zc ACCESS EASEMENT DOC./2103142-- v��' $ --- KIMBERWICKE STREET $ OF TRACT 2A -—-—-—-—-—-— > m 82.49' —_ PEI/MNOER 5z49' - to zi 9 L tot 6]• 90 ,..Dc,NO.22021 I IJI—1 r___________` ______________'I _______________ I1p0 11111f1Y I , / '8r TACL`rNr $ I 8 stole ss "8$e ax7e ss $ i H ram.,a,•"] u• >: m d Z 1 2��� $I 6800 SF 9 ilY lye 21T'*IRIYV y au> uAs'a')'0j° I EXISTING WETLAND�� a v�o.Inv / / 589'4I'Sri I se311'sri n 1 LOCATION / 0 Be.JO' I to092' v Se9'41'S]Y I .l0'i—(AMMEDd I w i FROM OTHERS f LEGEND g / ' O 1000' \ o / = i - SQL DESCRIPTION I I 1 I I I, —lHICATED WETLAND o L' 6559 SF S 9062 Y B2J6]Sr S CAL E j�pZill]] UNE AS SURVEYED / R I 24•oRNEw4Y ' 24'ORMwAY I • ro 2•ACM(12219 LS)•EXCEPT AS NOTED / C 24'(RwMY FISOgxT_, to FAYypO ap I -�ses.rsr.L ser.rsT�v _ I A SET s/B•fte w/vPc.EXCEPT AS NOTED ' 1 SURVEYOR NOTES 'LF SIS'41.5ri = 9a3o• I , ��, 0° 5/8•Re MO RPC(12251 S]TO BE SET AS 12.00-WC EXISTING WETLAND �e25P _ i --—--�--I --—-- I 0 5/8•Re AND YPC(12251 S]TO BE SET 1 ntairts lesso'than 160 1--'2A oAccardinlgoto t. of Survey an affidavit o. 2z recorded on LOCATION FROM OTHERS � A \n _ MITIGATED wEfIAND ••I / Doc. 2156024. subsequent transfer of the remainder or Tract 2A LINE AS SURVEYED ^� W O 1/2•RB ANTI RPC[12251 S]TO BE SET AT POINTS OF B T 2A sly / CURVATURE AND POINTS OF TANGENCY will not occur prior to filing of o subdivision plot or certi6cote of OF TRACT / \ 12 AI 3 $ W733 7 �g�� e1.o ss Z s approved by the City of Bozeman. ,".DER eslb sr Z survey reviewed and a 2202A � W EXISTING EASEMENT ^ �I Z "I¢ ---- ��,EASEMENT 2. A Stomt Drainage Easement recorded on Doc. 52141236 is C.O.S.N0. r,56A.1O�•// ;�/ ♦ o+ / / ' se9.41'sTY a W se3o' i i 9691. „ _______ located on Tract 2A of Certificate of Survey No. 2202A The exhibit > EXCEPT AS NOTED showing the 1. t;an of this easement was not recorded with the WWII, Q Ne9'1t'S72 197A1' Z N S PARK 2475 sF 8 I $ may �' I - - - DRAINAGE EASEMENT I \ document. The location of this easement is unknown. / �'4,P e,\ sue,•, /m 509.11'Sri '4 0 SB911'S)Y I 197Ay 51 7 ---- oRNEWAY ACCESS EASEMENT + .•�' / N 3. A R/W easement for electric old telephone systems as now W BiSx' U) 9Dm' sB!iy f:) y / LOT 11 I Q I K surveyed"'s recorded on Book 92,Page 178. This easement is N J W ACAP ALUMINUM CAP within lhe'S1/2 51/2 Of Section 34. The precise location o/ this b'Y'•� / ,`'x/\ '�2A� 1 4 $ $ 4 �8 8i 10 - ' LL h YPC YELLOW PLASTIC CAP easement is unknown. •rV // // 50'WAIERCOlIRSE/ JA! _ l NOER OF TRACT 2A 71Je sr I 2 W7J SF '�',jl w...Sr 2 I -4pY Re REBAR / WETLANDS SETBACK RENAL 24'01NLWAY 21'...&AY N•I:ASEMD0 b WC WITNESS CORNER OWNER NOTES / /./A"~ / C 0,5.N0.2207A CASINDIT FD FOUND p public and PHASE x�TL PARK ! i�N 1. All streets within this lal ore dedicated to the 1 ,h\ OEK B _ 2- se9.41'Sri = , r—509'115)Y [ ] p privately I v _ Inam' 9T.61' _ 12251 5 SURVEYOR LICENSE NUMBER ON CAP y] m DRAINAGE EASEMENT L PubGcy maintained.All alleys and Parks within this lot are / RPC RED PLASTIC CAP maintained. _ I • i) ;— I G—__ _ I T-, -n PATIO EASEMENT 2. Applicant hall provide evidence that all original tracts of record o/this property that are, or through this subdivision will became, _ o R; 5 $ $ x 5 ;g Y; 11 — DITCH 0 60' 120' 180' remainder tracts of less that 160 acres were not created for the I € r 10 C 7t]9 ST -2 SF U32 Si p any subsequent transfer of said tracts LOT U I I I I I I purpose ar lran3rer, and that O may not occur prior to filing f o subdivision plat or certi/icote of = I 3 I S CAL E NGO survey reviewed and approved by the City of Bozeman. C Se91''S7'w SB9'11'S7Y '10 tW se9.41'Sri TRACT 2A I I CENTERUNE OF SPRING DITCH •' I /3'�• / 9030' 985y I R OF BEARING BASIS:NORM UNE OF EQUESTRIAN LANE AS SM)WN.ON THE FINAL _ _ __ �_,I-- —.— _..___ 9 �Y tY' N'OW'EwAY pE NDE 02A PUT OF BAXTER MEADOWS SUB.P.U.D.PHASE 1 PER RECORD I�—� PUBl1C SEWER r I _I_{----_ f C.O.S.NO. 22 —�30A0' EASEMENT NWSW18� 'ii 8 "�8�' 12 g I I r DOC.#2103149 5D.35' 6 8 R $ of ss 'i�31' x65 sF EL PHAS 2D l u ' I I I z'ORNEwAr 9RSN ' ' ssAs• aalaa. N89{1'S7� 749.6S __._ • es.t. 19436 .-.__ war t15.00' se9 a'3aw z{o.u' B PHAs zc 8 e I \-•s14.3o'13w TE OPEN SPACE o a2s1, _ N89'4V57Y; R GALLOWAY STREET R UTILITY _�Ia I 16.15' PFNP -�_____ EASEMENT I S `— S GALLOWAY STREET S— j POINT OF BEGINNING GALLOWAY STREET 1 _ _ 1 3 193,68. I _ �t 71u SF d 60 9530' 1 _ - - , n ItAp i r____�g_____� sSm• _________________ yAp• _ ITN58 S C I lo'PC.F31Rl4N I ila lo'�' LOT 6 '�CS 911'AY- Q ��I R� 5 d 94Q1 SF Iv o' .616 s _ se9'4t'syYr X'� e23Y I 1 145W ! I BLOCK 16•� ' o I I $ i I 21'ORNFNAY 21'pRNEWAY P I I .: to I ' Z I CASMDIT _— 1 ' 9 - I ; r —_ _ __ I 8 1 ( ry5 SUO SON PNASE 2P i 114 SSF Se9.11.57V ' , 5841t'S7Y _ - 1nn \` I _ MEADO 24'QM Y 9550' * ' 9)Ay _ KI `, vim•, 9j 2 �$I x I FINAL PLAT Of BAXTER LOT 1 LOT 2 LOT 3 Cu5E1¢1rT I _____� !—__�__ I I I W Y - I j ,�,] 16'Im SF "K ( II SB94t'S7Y _ i LU - O BLOCK 8 T S 33' - 2 'A 6 %1 Z I V W I m ' I LINEAR PaxQ $� I-21'501 LOT i - I W 940)Y �$mi 950e 4 I I I Q ! - I W d'„ 11 !28) 7 I Z Q I I W„ Se9'41's)Y I STORM DRAINAGE EASEMENT •Roth U 7>•9 SF aI> Z I I GO _y I I m 14SW' 1 Js.l)'y �\ /Iy1C./21031]9 04 I a $ Q S sev41.5ri^ Sesa's7w O ; o BLOCK 13 r -- z $ v j 1 \: \-- ¢ ALLEY Fy 0 9537 x i 9595' 7 t I y I II II_ C 2_yI II C~ _ -3 MOL) BLOCK; 12 pa 1I�' dP1-IKV e23' J LOT , 3OQ U 9 10 ' W 7142 SF 24ONl N t\3\ \\\ \\ aQ 21'ORASWAY C�' I •J 1 ! I \% \ / VV 1 21'DRIVEWAY FAffYU2T , ! i fAYtIEM ' i I ¢ W41.57V 1 I \? \ •_�" _____ _ ..___ ___- 1 e' ' ,i F,,sA6 ses1s7v r. 9aS ____ 35 wA1FRC0URSE—-_-__ Y WETLANDS SETBACK LOT 5 LOT E LOT] 12 r— U 1 LYgj ______ti 25'DITCH LOT 2 L07 T223 Y 4 B - I5150 sF .•_44 EASEMENT $� SEE oLrAA e $ 9101 ss S d, 92a9 sr Tw En I I - I I I v IL • ^ _ 1-- - ---------------- ------- ----•-- ------ ------ ------- ----' -- ------ ----- - ----- of KsrtET 2) Q ELOCK IF. ,`C1ATY J I 1 1 I I I t I I ' I n , I t ICI 9�_____I II 91)1' 12A0' ba J' i I 43.00' SG00' 82.58' � - 18911' 210.67' -' TEMPORARY STREET EQUESTRIAN WAY 589.41'S7W 1265.26' EASEMENT DOC.J2103111 SFINAL PLAT OF B-TER]SEACOtvS SUUI'1510/1 P.U.C.?N,'E I EQUESTRIAN LANE IS WITHIN DEDICATED STREET 8 Ne9'11'S)Y 972.08' Fx:AL PLAT OF SA,TER VEACOIYS SUDIVISIGII P.U.O. 'N._E I SHEET I OF 2 516-Ph2c2d-PLAT.dw g -'--'-- DRAWN BY: ebjn,sa DATE: 8/18105 QUALITY CHECK: I�n;,Pasl _ �� SURVEYED BY: SA JOB NO. BOS-016 FIELDBOOK130/14,45,66 ELDG]' S I BLOCK E I ' _I JT _ BLUCK i 1 SLOCF ° 1 Ln1 5 'r•T t TD8cI��. THOMAS,DEAN & HOSKINS, INC. LOT 1_n _ LOT ti I LOT pU6Ll`PARN_' LDt 7c LOT] LOT 6 PUc-Vl PffiY• I & ENGINEERING CONSULTANTS GREAT FALLS-SOZEMAN-KALISPELL MONTANA SPOKANE WASHINGTON LEWISTON I941IHO PLAT OF BAXTER MEADOWS SUBDIVISION, PHASES 2C & 2D CERTIFICATE OF DEDICATION CONS NT OF MORT.A- (S) TWO PARCELS OF LAND,,BEING PORTIONS OF TRACT 2A OF CERTIFICATE OF SURVEY NO. 2202A, I(we), the undersigned mortgagaa(s) or encumbrancer, do hereby join in and undersigned properly owner(a), do hereby certily that I (we) LOCATED IN THE SOUTHEAST QUARTER AND IN THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., consent to the described plat, releasing ) respective have caused la be surveyed, subdivided and platted into lots. blacks, g my(our) es e<live liens, claims or • streets, and alleys, and other divisions and dedications, as shown by the CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA encumbrances as to any portion of said lands now being platted into streets, plat hereunto included, the following described Irocl Of land, to-wit: avenues, parks, or other public areas which era dedicated to the City of Bozeman for the public use and enjoyment. Dated this_ day of , 200 DESCRIPTIONS GALLOWAY STREET Two parcels of land, said parcels being portions of Tract 2A of Certificate of Survey No. 2202A, said parcels being located in the Southeast Ouarter and in the Southwest Quarter of Section 34,Township 1 589'41'S7V N89'41'57'E FIRST INTERSTATE BANK Signature � South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montan°, and being more particularly / I 8 1 described as follows: �- ---____--_-_-___-___R-� Ante Name an e , Phase 2C Linear Park: t7 231, 248.1' Ir I 45.00' a :-A3 - 20 105A0' 80D0' 4).ar 42JI° 42.ar 42.ar 7i14' ]JAG' Beginning of the northwest corner of Linear Park of the Final Plat of Baxter Meatlows, Phase RA. said I ----------- ------------1 ' III STATE OF corner being a point On the centerline of an existing irrigation ditch; thence northerly along the us(u(m.IrP. Count of centerline o! said ditch, said centerline being approximately dimensioned by the following 8 courses: $ $ 8 8 $ B Y$ S 8 szx sc A 1 1, 2 `/ 3 $ 4 pp v'i 5 On this coy Of_ 200 before me the undersigned North 03'57'17"West, a distance of 100.31 feet; North Ol'31'51" East, a distance of 80.56 feet; North , 31a2 6F 27n sF Y2»2 v n 2758 s< p Sae sr ry personally appmred 27'52'13" East, o distance of 87.85 feel; North 39'29'45" East, a distance of 106.74 feel; North I J 2 8 Nalo Public far the Slate ofS 'S7Y �' n�-_ se6'41's7Y „y/o N2C1622t known to me to be the of FIRST INTERSTATE 6VJK 1T55'J7" East, a distance of 51.87 feet; North 01'19'34"West, o distance of 100.29 feet; North I /p e/ 19.OY m6.74' 1m.ar I .l•X I and the person whose name is subscribed to the within instrument and 04'31'49"East, a distance of 41.93 feel; North 14'04'05" East, ° distance o/ 108.70 feet; I �� , fs' / to 14• sa1•o7azY acknowledged to ma that he executed the within instrument for and on behalf°f 47ar '�' re 4240' 42.W ^( a c1. 27'72' FIRST INTERSTATE BANK. thence North 89'41'57' East, o distance of 213.08 feet; thence along a non-tangent curve to the I E ' 14]14' - ,' W 4V57V right with on arc length of 152.38 feet, a radius of 270.00 feet, a delta angle of 32*20'09 o chord $ 2 8 12 8 _�-_ N89'4 f57'E-______' 4s92' I IN WITH WHEREOF,I have hereunto set my hand and affixed my Notarial Seat the bearing of South 01'46'10"East, and a chard length °/ 150.36 feet; thence South 14'23'54"West, a I SS �51¢ rg 8 5u0 5E �� o�' day and year first above written. 1 � distance of 487.11 feel to the northwest Corner of the right of way at the intersection of Calloway , I ♦201C Roo_ tY 4 ` 6` I7 Street and Vaquero Parkway as dedicated p g --- -- - --- 8 8 0 n said Phase ILA tat; thence South 14'30'13'West. elan -�•?T 1 the weste.y fine of said Vaquero Parkway, ° distance.,of 16.15 feet; thence South 89'47'34"west, 58Y4157Y ses4i57Y ..'`m , t2�, 2690¢ Q' Notary Public or l e ate ° 107]1 IaS.ar $ env VSEaCrrt.M.i Q (SEAL) Printed Name °tong the north line of saitl Linear Park, o distance o/ 240.12 feet to the Point of Beginning. The , W 5 's' Resid'm of described parcel contains 3.677 acres, more or less. I ++ 19 :. Phase 2D&O Portion e! Phase 2C: I 8 3 8 I 8 13 g W 2i]p sr^ 24 S V 4 A 7 I W My Commission expires M R ses.is, asar S2so s J , B 7 8 CERTIFICATE OF SURVEYOR Beginning 58441'S7Y 6]JIO'Be at the northwest corner of Linear Park of the Fnal Plot o/ Baxter Meadows, Phase IU1; W i3 urzm E.s(unrt.1vP. I Z I � im s< I Q thence South OS'07'47'East,along the westerly line of said pork, a distance of 455.42 feet to the SeYai57Y �r $ 6 /` SeY41's7Y , W 42.ar 42°°• m 1, the undersigned. Steven C.Anderson, Professional Land Surveyor,do north line of Equestrian Lone as dedicated on the Fnol Plat of Baxter Mead Subdivision P.U.D. I _ xec•is]T e4aC hereb Z ms7 I _ oy� 20 8ti 6 „ y cert0y that between October 13. 2004&July 12. 2005, 1 'Phase I; thence South 89'41'57'West, along said north line, a distance of 1265.26 feet;thence North (L S, s'' Q $ ie14 ss �. _m _ Z surveyed the PLAT OF BAXTER MEADOWS SUBDIVISION, PHASES 2C& 20. _ yerv4l's]Y as.°o' W andaccompanying Plal and as 00'17'46"West, along the easterly line of Private Open Space B o/ said Phase 1 plat and along the Y I 'Y e�lnam GSCYEIrt.1vP. ^ I Llf descnbede0 lhecorda cesw lh°the on o/ the Montana Subdivision northerly extension of said easterty line, a distance of 1022.00 feet; thence North 89'41'57" East, a in to distance of 433.30 feet to the east line of a Public Street and Utility Easement for Fergusonf�y guson Avenue Q I� 8 4 3 14 cl LLI I B 8 �' �' and Platting Act, §76-3-101 through 76-3-625. M.CA, and the 51 54as s A six S, A WT., Vey" 4 $ 2 os recorded on Document '2103143; thence South 00'20'56'West, along said cost line,O distance of Z o rA ¢ ml CJ) - 2ms ml Ur Bozeman Unified Development Ordinance. 568.04 feet; thence North 89'41'S7'East, ° distance of 749.63 feet; thence North 89'55'18"East. a 0 � �-, bi § PARK , I further certify that all monuments will be set upon or prior to distance of 50.35 feet to the Point of Beginning. The described parcel contains 18.595 acres, more CO I� I 8 "CI o$ 8 21 $I 81 Z r di leas. = Se9'41'S7Y SeY41'S7Y O IoaJe Y 2814 Sf r ' Ompleli0. Of construction O when r¢OSOnabIC w¢Olhef-I<Inled site loe.44' , 105.00' I = - ses41'sri aeon' I conditions exist, but no later than June 30, 2006. The described parcels are along with and subject to any existing easements. The described parcels I p I Y BLOCK 13 -/ Q are as shown on the accompanying plat. �T , W $ OCT 5 LJ $ 15 S ^ 3 sas41'nY 67m'/ I 8 2779 sr 8 J Doted this_day al .200_ SE s.as s $# sE WIG s 5# Q The above described treat W lane D to be known and designated as o ^ L.L J I 8 22 g Q' /. I even Anderson the PLAT OF BARTER MEADOWS SUBDIVISION,the PHASES 2C & 2D, ll s of I J S9S41'S7Y M,00• 2e14 IF n I 1. Monona licenses No. 12251 LS Bozeman, Gallatin County, or pubic and the fonds included in OII streets, sas41's7Y ._� Q P„ ms41'sri 42m' 42A7 , �. n' •�Ws41*57 V MOST alleys, and parks or public squares shown on soil plat are 1m.oi 1m.ar ses41'sn :Y W hereby agranted and donated to the City of Bozeman for the public use ir' I $ and enjoyment. The lands in<Iuded in all streets, avenues alleys, end N I I �5 Y a].00• _y J ! 2M IT 8 C RTIFlCAT OF O 1NTY TR AS R R parks or public squares dedicated ^° the public are accepted for public 1 I g 25 F' 24 3 Q I I, Kimbe Buchanan,Treasurer of Gallatin Count Montana,do hereby use, but the city accepts o responsibility for meinleimng the some. The 8 n 18 247e r 24]e SC �, 23 M Y• Y owners agree that the City has no obfgotion to maintain the lands I 9 s4ls Sir s412 SI' _$ 2967 5F -41.57V certify that the accompanying plot has been duty examined and that all c \ cal property taxes I included in all streets,avenues,alleys and parks Or public avenues hereby ~ I wlw f prop y °vi and specie assessments assessed and levied on the dedicated to public use. The lands included in all streets, avenues, ' s`, -' `N001e'OlY land to be subdivided have been paid.f° , Heys. and parks or public squares dedicated to the public, which the 59941's7Y •---------- _ `� 2 6 .9Q,�_________„ __�i.x._ .,l+s_4L�___ 1i _ __3S.W,_ sar �11� n I baled this_ day of 200 City accepts responsibilityfor maintaining include: Lasso Avenue, r I 9a.n �1`v ` 147.14 a• A • s n 589'4157'N _ - 589'41'5711' - Kmberwicke Street. Fergusonrgu Avenue,Callow0 Street. M;Ikhouse Avenue , sl4�S.ar 4 / "• �js�s s2Y ne and Gallatin Green Boulevard. I r -- --��- -_A 1o.1♦-- _-coax _riZ is7Y 1, DeputyTreasurer .1300: a iG� s N•�. The undersigned hereby grants unto each and every person, firm, or S '' , , '� �1a.14' �• y- ` corporation, whether public or private, providing or offering to provide 0 40' 80' 120' _ `'` E mmswrr i 11A1,n, ;t 12 N FROM MONTANA E�SEIM telephone, electric power, gas,Intemel or cable television service to the I I 1 I I I I I 7 W Y Dec./21e3t4a' I ' Y ErSE.E.. $ $ is �91 Y •'•y 'O I OF FNVIRONMFNTAI DUALITY REVIEW public, the right to the joint use of an easement for the construction, s6s1 Sr a a' a maintenance, repair one removal of their lines and other facilities, in, S C A L E Y B 9 8 30 jav $ o$ ,. 13 Y DETAIL A The PLAT OF BARTER MEADOWS SUBDIVISION, PHASES 2C& 2D,Gallatin Gaunt Over, u der antl across each area designated ;;- jsox sr g Jzm sr RW M' I / I ? 18 15 Yd 14 3 x, $ u Y Y. an this Dlot as "UTILITY EASEMENT" to hove and to hold forever. I }1m, Jla4 ss 3024 s< ]024 s s' 2s34 s1' �- I Montano. 1s within the City of Bozeman, Montana,a first-gloss municipality. and 0 9 4 SS 1 = - p8 5ovlsaT•E within Ue planning area of the Bozeman growth policy which was adopted IX -_- , - ---------- --------d-- --_------ s`tl.ar pursuant to tl76-1-601 at Seq., MCA, and can be provided with adequate -- It-' storm water 6-1- and adequate k end c facilities.pr. Therefore, under the Doted this day of 200 4iar - sans. x.ar - .anon w - - 47.ar 42.a0' 42A0' .2.ar - sat.' 1 56.a0• Provisions of§76-4-125(2)(d) MCA, this subdivision is excluded from the Owner. BAXTER MEADOWS DEVELOPMENT, L.P. 589'al'S7Y 235.W' S89'11'S7Y 225.1C __ requirement for Montano Department of Environmental Quality review. Formerly known as W.B.L., L.P. EQUESTRIAN LANE Dated this_ ear of , zoo . By: BAXTER MEADOWS CONSTRUCTION, INC., __---- General Partner 12 Di t° r o < emice xes.I s>t osE Gyof Bozeman. Montano ar. Gerold R.Williams. President i rmc N oaAN1 a COMPUTED PHASE AREAS Sec.1 BY BLOCK 1 M LE ON OF IMPROVEMENTS ', noon 2103140 CERTIFlCAT OF D R TOR OF P B I 9 RVI PRASE/BLOCK LOTS STREETS&ALLEYS PARK TOTAL(SO.FT.) 1,Gerald R.Williams,and I, Keith Waring, t registered professional en ------------------ I 1, Director of Public Service, City of Bozeman. Montana, do hereby certify pro engineer licensed -- Z Q to Practice in the Stole of Montana, do hereby certify that the following �IY.o J W PH 2D/BL 9 76924 - 2475 79399 that the accompanying plat has been tluty examined one have found the improvements, required to meet the requirements of this title or as o coneition s DETAIL A I e r soma to conform to lha IOW, approve it, and hereby oceept the dedication () _ ) PH 20/BL 10 94283 - 5917 100200 to the Ci of Bozeman far Me public u of of approval of the PLAT OF BAXTER MEADOWS SUBDIVISION. PHASES 2C & 2D, have No SCALE - 18- 1O , CURVE TABLE tr any and all lands shown on G O i PM 2D the lot as bein se been installed in conformance with the approved plans and specifications: I (D m r /SL 11 75431 - - 7543t D g dedicated to such use. CURVE RADIUS DELTA ANGLE ARC.66* CHORD BEARING CHORD LENGTH STREETS 141062 WATER SYSTEM IMPROVEMENTS. SEWER SYTEM IMPROVEMENTS. STORM GRAIN, UTILITY C1 17.50' 2622'09' t4t062 CULVERTS, FILTER FABRIC. SUBBASE GRAVEL.AND 75% OF THE SITE GRADING ao' 8.66' RIS53'01'E 8.58' Dated this_day of 200 C2 68.00' 28r22'09' 32.68' SITS3'D11v 32.35' PHASE 2D TOTAL 246638 141062 B392 396092 Completion of the following items is financially guaranteed and is covered by the C3 66.00' 28'22'09" 32.68' 141429'08'W 32.35' PH 2C/8L 12 83636 - 83fi3g ,roc Oro em-ce improvements agreement accompanying this plot: -- C4 1750' 28'22'09' 8 66' SI4 29'08-E 8.58' PH 2C/BL 13 74846 - City of Bozeman.Montana C5 2704000 3720'09' 152.]8' SOV46'10"E 150.36' 31552 96275 PARK IMPROVEMENTS, POND OUTLET BINAI POND OUTLET STRUCTURE, 1.5"MINUS C6 PR 2C/8L 14 64723 - 31552 96275 ' CRUSHED BASE, HOT PLANT MI%, COMBINATION CURB&GUTTER, HANDICAP RAMPS, 35.00' 9000'00' 54.98' S45'18'03'E 49.50' CONCRETE ALLEY APRONS, CONCRETE VALLEY GUTTER AND FILLETS. CONCRETE C7 15.00' 90,00'00' 23.55' S45'18'03'E 21.2V LINEAR PARK - - 160184 160184 C RTIFI AT OF FRK ND R ORD R SIDEWALKS. REMAINING SITE GRADING, STREET SIGNS, CURB BULB DELINEATORS,AND CB 35.00, 90, 50'00'00" 54,98' N44.41'57'E 49. STREETS&ALLEYS 148521 148521 I, Shelley Vance, Clerk and Recorder of Gallatin County, Montana, do CURB BULB PAINTING. ,���DETAIL B ��. C9 35.00, g0'O0'00' 54.98' N45'18'03YY 49,50' PHASE 2C TOTAL 223205 148521 202374 hereby certify that the foregoing instrument was filed in my office at The subdivider hereby warrants against defects in these improvements for a period 11 NO SCALE CIO ISMOW 90'00'00' 2356' N45'18'03'W 21.21' 574100 oclock, .M., this _ day of , 200_, of on from this date. The subdivider is possession of Oil public W TOTAL 469843 289583 210766 and reearead in Book_ of Plats, to Page as e year gran po pu � Cil 15.00' go,00'00" 23.56' N44'41'57E 21.21' 970192 Document Nt. Records of the Clerk and infrastructure improvements to the City of Bozeman, and the City hereby accepts ,a7.i srT,as' Z Cl2 Recorder, Gallatin Count possession of all public infrastructure improvements, subject to the above indicated W 35.00' IS'Oa'1]" 931' $0T50'10'E 9.18' y. Montana. warranty. 1,. ,c,,,.per > C13 35.00' 3512'11" 20.28' S31.58'22E 20.00' Mrra a PARK DEDICATION AREA CALCULATIONS (SQUARE FEET) By: Subdivider Date- Wc.121.311. - C14 35.00' 41'43'36' 25.49: 569'26'15"E 2{.93' Clerk an r 1 ' i Deputy Recorder ` i C15 35.00' 28'34'25' 17.45' N76'00'51'W 17.27' a1 w By: Montano Uc.No. 15161 PE Date: `---------------Sit- Q i C16 ]5.00' 3751'10' 20.07' N{5'18'03^N 19.79' PARK WITHIN WATERCOURSE & WETLANDS r>• 68953 C17 35.00' 28'34'25' 17AW NIC35'16'W =,4.86' + PARK OUTSIDE OF WATERCOURSE &WETLANDS 141813 By: Director of Public Service Date: gl J CIS 17,50' 1725'19' ]::9' NOS'S4']6'E .. 210766 I TOTAL PARK PARCELS C19 35.00' 32'38'12" 19.94' Nl6'01'03'E PARK WITHIN WATERCOURSE/WETLANDS SETBACKS 57984 STATE Oof MONTtin C20 17.50' 15'56'50' 4.87' - Counly f Gallatin - N20'OS'41'EC21 35000' 3751'10' 20,07' N4B'45'43"EDEDICATED PARK �y1527B2 a 3.51 ACRES Oa this day Of 2C , before me the undersigned C22 35.00, 24'30'38' 14.97' N77-26.38"E r, Notary Pu01ic for lho State of Montana, personally appeared Gerald R.Williams, known to me lc be the President Of BAXTER MEADOWS CONSTRUCTION, INC., the General Partner of BAXTER MEADOWS DEVELOPMENT. L.P., and the person whose name e executed to the within instrument and DUE TO A RELATIVELY HIGH GROUND WATER TABLE WITHIN THE AREA OF THE SUBDIVISION, IT IS NOT acknowledged to me that he execulee the within instrument for and on behalf of BAXTER MEADOWS DEVELOPMENT. L.P. RECOMMENDED THAT RESIDENTIAL DWELLINGS WITH FULL BASEMENTS BE CONSTRUCTED WITHOUT FIRST SHEET 2 OF 2 516-Ph2c2d-PLAT.dwg IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal CONSULTING A PROFESSIONAL ENGINEER. IF DAYLIGHT BASEMENTS ARE INCORPORATED IN THE CONSTRUCTION DRAWN BY: eb,sa DATE: 8/18/OS QUALITY CHECK: the day and Year first abate written. OF RESIDENTIAL DWELLINGS, THEY SHOULD NOT HAVE A DEPTH GREATER THAN THREE (3) FEET BELOW THE SURVEYED BY: SA JOB NO. 805_016 FIELOBOOK130/14,45,66 (SEAL) Printe Nome for < ae ° A TOP OF THE CURB OR CROWN OF THE STREET FROM WHICH IT IS SERVED. TD& THOMAS,DEAN & HOSKINS, INC. Residing at ENGINEERING CONSULTANTS My Commission expires I GREAT E LS-BOZEMAN-KALISPELL WASHINGTON TANA LEWISTON Ineun • ,. ��9 y �i / �1�� • `'I� IF I �. 1 6 � . �� �� i �� ,� 7 �, • j� !1 0 1 u u u L' MI r 1; 7- � �� lid M"'m I r par! t I� Ill R amp11 '11 i II�!1�'�•�-1-!'�_ --Lr-*ii1_� I� 11 call t OR � I I� �I ................ Wu !i :. 11. :1 i h r ✓ i- �.:. :: ::: ................ .... .......................... N IN OWL. I IN f I€ i 1: I ! II N r� rI �• _ . y.�. -�. COLLABORATIVE :.f� ►� _ DESIGN . - F i LUMEC PH8 PHOTO CELL POLE BASE LUMEC OM1A BRACKET ANCHOR BOLTS - SIZE AND PATERN BY MANUF, CONCRETE SIDEWALK LUMEC MH-DMS50 N 1' CHAMFER IF BASE LIGHT FIXTURE NOT CONSTRAINED LUMEC SG CUT-OFF REFLECTOR ' 1/2' PVC CONDUIT FOR GROUND CONDUCTOR o J 1 1/4' PVC SCH 40 LONG N `D •�'°• SWEEP CONDUIT RISERS LUMEC SM6F POLE TEXTURED 4-#5'S VERTICAL SPACED EVENLY 'H' - 4'-6' IF TOP IS C❑NSTRAINED BY CONCRETE OR ASPHALT M LUMEC DEC❑RATIVE 'H' - 6'-0' IF TOP IS NOT CONSTRAINE BASE - TEXTURED DIA, 24' DIA, BASE - 'H' - 3'-8' IF TOP IS C❑NSTRAINED BY CONCRETE OR ASPHALT 'H' - 5'-0' IF TOP IS NOT C❑NSTRAINE SITE LIGHTING - POLE AND BASE 1/4"- 1,_o„ 1/2 1,_0„ COPYRIGHT o20131-2SLCOLLABORATIVESITE LIGHTING THESE DOCUMENTS SI PARE YR IN 22 J A N 04 WHOSE,AND THE,IN P THEY REPRESENT ARE THE SOLE PROPERTY OF COLLABORATIVETS.THEE DESIGN DESIGN BAXTER MEADOWS ARCHRECTS.THESE DOCUMENTS ARE INTENOEO FOR THE PROJECT ON THE SITE INDICATED.ANY USE, B O Z E M A N M T REPRODUCTION,MODIFICATION.THE OR ARCHITECTS ' OR ADAPTATION WITHOUT THE EX PRESS WRITTEN CONSENT OF COU.A80RATIVE DESIGN ARCHITECTS 2 2 8 0 ' GRANT ROAD S U IPT E C P O BCM I.FR 's, M T, 5 910 8- cc' 2 O 1 IS STIOCRT PRp1191TED. �- © 2003 C406) 248-3449AX C406> 248-�765MAIL- CONCEP�dS WTP, . Domus S'eries ; I DMS50TM / { i DMS5€M'"=SHB !Y I DMS6r SCB' TO^' • DMS5014—3C6 z'sa 1 r t LfCS ,y iry '`'71 {d,g ... �, The DMS50luminaire consists of a }� 2 3/8'(60 mm) 2 3/8'(60 mm) sealed optical chamber made of a hydro- outside diameter Insertion outside diameter • formed reflector permanently sealed on tube adaptor r I of tenon lobe adaptor r t Insertion Cti7 U$Se 1es D)IUI�r�TM a an injected refractor,with internal prisms 2'15t min) zf(51 mm) it L JEAS6Q""t IN 1 Ive, nco+ or', �q only(SHA/SSA optics).SCB/SHB optics tl�{Ap��y 4•h V E"1"SF'` 4+ 'Ftr 45g.:s,� 7 v'rtt z. it Se8 Sar8t°°'S.@ Ufa LIMP {rtbe use atempered-glass lens. {ii^ 'r�},r ' ••�4Hi�� a�i E �.' m E w i • max, r ",,.>F i�kc Atoolfree lamp access shutter and E E �„��s$eIsafet"�OI1QCaI �ey a sleeve,with self adjusting injection- sleeve, E Ia1S heF�C ly S 311 d tt molded silicone gasket,keep the rfa' e u C• R E +1 'L{� E �ti t �n�>feCtf1 0 tlCa L m a ; f optical chamber hermetically sealed. x* ; s lower lta;'' a �,. F �� a� b : The optical system isplaced in acast- + aluminum technical ring,which is 1En�t ion co� nbonal.i ttg- v mod": "�� assembled in a spun and cast-aluminum E 271/2' I E Kefs;whtleilla n nrn thee, I ` housing suspended under a cast-alu- —E �t*�ttlnljafres ,}o a boa'° y _N 1698mm) �,' minum finer. f t "�..r sst •s.d d N.t t — s3� perform Ce: i. A large,bell shaped spun-aluminum e .(; '. I 211/2' t pFiotOMIM skirt is mechanically assembled to the (698mm) fhe t x a S trans dte +i technical ring. " ; The DMS50lummaire is UL and CSA EPA:1.35 sq.ft. EPA:1.00 sq.fL Y13f�In dlElia p•w I e,redUc � WeigM-421bs(19.1 kg) '� Weiglrt:421bs(19.1 kg) ¢k�x xrxtis approved. rigrf, a elf ctF1'da , b°r>° pP "w � jluin�nal� 7h close e'af V. e�cter�lal pI s makes Mull tenss $ac ,t el �ttepm g DMS50-SHA/SSA DMS50-SHB/SCB IVsm`A�`a`.'��,•('.I�b�o�T`r'S'.�1+ uir 1A_ a e #� h �M G Bo ", M1,OFF SA eatsa o £al x DMS50/60 SHA&SSA optics IF A 1801 beret section of epbo a Wattage SHA/SSA SCB/SHB � Sealed optical chamber extruded aluminum 23/8" =§r p to Y ern°pafflAmanC� 7o RAH;medium = -- consistin of a reflector (60 mm)O.D.,mechani- ys.• 't' g fix'+ f' " tFlt�telreo Eifpa o � s�w U < too�MH,medium permanently assembled on r cally assembled to the l� yi vy �.n S- %sV7731. F� — es" �e estar�r��efra tcii r' 175.MH,mogul — -- top of a prismatic refractor. side of a pole. m! mI21 la e 250 MH;mo ul — SHAM Asymmetrical erextensive(IIQ g Asymm hVP �M A 180°bent section of $+ rSEi li:` — ,• ,,.t:.gI�C0�D10a ni �, 400 MH,mogul N/A o SHA4L• Asymmetrical hyperextensive(M extruded aluminum 2 3/8" of-ilte a feflector a t tern erelf 7o HIPS,mogul — -- on (60 min)O.D.,welded g SSA3M: Asymmetrical semi cut-off ss le SHHa`r�d'SGB S IaIQ 16 — __ to a cast-aluminum pole , c: ;,; �; f „K 100 HPS,mogul In the above o tics,the sleeve and shtmer • ealhamtrs*a �y pfi0ha L P s- adaptor and a flat rolled 150 HIPS,mogul — permit exact positioning of the lamp. aluminum spiral. �etn616t:! rm e asw � rr�r•c•$�i'.t�'�`�it}i°,21� •t,• +,�rW ,k;> 250 HPS;'mogul —' --_ SHA&SSA refractors available in: ti • 400 HIPS,mogul N/A _ e CAM A 2 3/8"(60 mm)round 7Y�f t 5 v 9 A- ttte aces tqe Ca Yt o — ACDR: Acrylic(175 W max.) aluminum arm welded r~ ,m a n r Remote toa41/2"1114mm10.D. : a ale ztnrYsh ra! a 6att PC: Polycarbonate e Requires a reduced jacket lamp. pole adaptor.The moun- ," ►dg 'tq&I � .h. Requiresa Polycarbonate refractor. Add suffix to optical system code. ling is complete with � �e;#a �o flta DMS507 and DMS6OTm Domus Series _ two bent decorative rods, inV,C8T roc" OFrEl, US F luminaires accommodate H.I.D.or SCB&SHB optics spheres and a cast alu s, incandescent lamps as shown in Sealed optical chamber minum luminaire adaptor. the above table. consisting of a reflector per- o k la��q ^2 = manently assembled on top NM A 180 bent section of 1Ale�hdest on HPS ballasts feature a aoF (40C') extruded aluminum 2 3/8" ut s; �i � of a tempered glass sag lens. f, tf`r�dt=.11iak13srD[1?OS[ mtaal dt�h`' lamp starting capacity with a high (60 mm)O.D.,with cast- *ew+•Itcr+z: °+ �aze .> o SCB3M: Asymmetrical cut-off(III► 0 4`OAtf °�a rj�yg �.�„w power factor of 90%and operate within y aluminum decorative ti '" =' � "' ANSI trapezoidal limits.MH ballasts SHB3M: Asymmetrical erextensive(111) spirals,and a pole ada •,r•,;tegti�Ei Ili ' hyP P P P- b feature a-20F°(-30C°)lamp starting tor.The mounting slip fits +t er capacity'with a high power factor of the above optics,the sleeve and shutter g pis r't .r �ffi.r�nt?.�"' �•�� �p , 4 P � g permit exact positioning of the lamp. into a 4"(102 min)pole. l� II �1nalKesrtQu�lttngs4a ��� 1h g0%.All ballasts are UL recognized P 9 P (� '(Lamps OM 'Twostraight15/8" pofar�e�pr1 � �t � and CSA certified. For further information,refer to the �+ sutfeC tie'�[tftirt whtGngo�es �� _ 141 min)O.D.aluminum fi, � , d The ballast is integrated in the hood Outdoor Li htin Application Guide. side arms welded to ?� Idnernica�p,p4epa alto Ofalt, >` or the luminaire while the unitized Lighting PP . br —® a 4"(102 mm)round tsorfacest',no totheap Icabo, : r ballast tray slides into a ballast box ?�q '1 wti-4 A y aluminum pole adaptor„ e a eoanngo!polyester base ,•r) q that is mechanically assembled onto r and to a'cast-aluminum ¢XtUred= OWI forsue the optical support plate: - r�cej_�s1y rt t tta afi'� luminaire adaptor. '.rTf� SF�h�r �41x� "sa^t+r RM A 2 3/8"(60 min)O.D. aluminum arm welded to a 4"(102 mm)round pole � A�fi" v�1tt '' adaptor and acast-alu- minum luminaire adaptor, with decorative half- sphere.N}�s •- ° sphere.A structural 1/2" (13 mm)rod is welded to ^ Mo vb � the arm and pole adaptor. i OrderingSample .J Y `,•, h1'A" %j}.pIS'r'$.jlpf. e{rl.. �j{ '�yp�y��y:Y�r"y.�.i�� f�t'h"�, r I = I I •1 �ONTXFS-LR PS DMS50 SHAK-ACDR 120 IF-lA R80-15 M Lumec reserves the right to substitute materials or change the manufacturing process of its products without prior notification. Psi ed In Conada:• ��F����,4.'{;,f-�'�'� ,� ,. . ka. UMS60 _. 1 The OMS60luminaire consists of a 271/2' • 2 3/8•(60 mm) (698 mm) outside diameter sealed optical chamber made of a hydro- tube adaptor r 1 Insertion formed reflector permanently sealed on 2'(51 mm) an injected refractor,with internal prisms only(SHA/SSA optics).SCB/SHB optics use a tempered-glass lens. o E E A toolfree lamp access shutter and m c rc;'• E sleeve,with self-adjusting injection- E molded silicone gasket,keep the E optical chamber hermetically sealed. $ The optical system is surrounded by _ a one-piece,two-arm,cast-aluminum E i 271/Y iN i cradle welded to the bottom piece (698 mm) ^E of a cast-aluminum technical ring. A large aluminum hood and a deflector are mechanically assembled on the top part of the technical ring. u Insertion depth A large,bell-shaped spun-aluminum 41/8.0 I.D. of tenon EPA:1.00sq.ft skirt is mechanically assembled to the (105mm) 4'(102mm) Weight.421bs(19.1 kg) bottom section of the technical ring. The DMS60luminaire is UL and CSA Weight 401.82 s IB. DMS50-SCB/SHB-FB Weight401bs118.1 kg) DMS50 with SHAMA optics approved. and aflat base spinning(FB) DMS60-SHA Configurations ' rFinishes Luminaire Options 16 Standard Colors Available FS Fusing(consult Lumec) 1A 0 2 2 2A 3.66 The specially-formulated textured(TX) HS House shield Lumital powder coat is available in a FB Flat base spinning range of 16 standard colors.This unique p o�o to coating of thermosetting polyester resins d`o 03-0 0 3.05 provides a highly-durable UV-resistant Pole Options 3 3B 4 exterior finish as per ASTM 67. HB Hinged base Lumital coatings are specially formulated (APR4&APS4 poles only) • z 8 for outstanding salt-spray resistance DR* Duplex receptacle M according to ASTM B117 standards. All surfaces are chemically treated using - Dupleft receptacle 6 a four-step)aluminum)or six-step(steel) GFl Duplex receptacle with Typical wall mounting detail I.a3 process prior to painting.Consult Lumec ground fault interrupter (120 volts Doty) forpomus luminaire mountings for complete specifications. PH Photoelectric cell 3 SC Special Color LS• Provision for loudspeaker outlet Provide a 4"(102 mm)square color chi I;•p horizontal mm) I.22 q P• » horizantarjuncoon box BA Banner arm Ac ` y° (by other) It is possible to order smaller minimal Wall Ip Interior paint(pole only, bracket quantities of powder paint at a consuft factory for applicable poles) ±U2 premium.Your representative will be LBC Optional base cover able to tell you if a powder coating can Consult factory for feasibility with be developed for your project. cast-aluminum shafts. Lumiseal,a biofriendly reactive organic conversion coating,is applied Base cover for APR4&SPR4 poles only APR4 APR4 r SM6 R80 in ` on all aluminum parts that are subject (replace standard base cover). r &LBC2. 8 TBC1 •� • •� to salt-spray corrosion.Consult Lumec G 7B'(22 mml o v•' o v (PDT" Max.hoh tO' for complete specifications. projection o,_4 Please note that where quantities Access door r BC:63/4' BC:63/4' BC:101/7 BC:121/T do not warrant it,Lumec reserves A �R, 4% 1171 mm) 1171 mm) (267mm) 1318mm) the right to use an oven-cured liquid LM ' LBC3 11 polyurethane finish. LBC1MA Consult the Pole Guide for details Consult the Pole Guide for details and the complete line of mountings. and the complete line of poles. eQ64D LBC4C/S LBC9 6104 • Registered Lumec inc. MINIM . J y — s 1 I I I 1 1 :;w The DMS50luminaire can accomodate SG and SE,segmented optical systems. z3/8'Isomm) 23/8'Isomm) • 7j{ t� { outside diameter Insertion outside diameter Insertion I= � Toolfree access to the interior of tube adaptor 11 of tenon tube adaptor n of tenon tsThC,Lummous;Dome(LtT}pnt the luminaire permits'easyaccess 2'(51 mm) 2'(51 mm) 04 EF4minous LueQ ll (LR`g i nly ns �= to the lamp;; ] ' $ avallahlo rued i g"A The optical system is placed in a G TICKS f cast aluminum technical ring,which E E ritb�`� rljt t Y; c is assembled in housing housing. E e r10111rf34 �� DMS5Q"'an h ` ' + A flat tem Bred glass lens is standard ;DAi1S5Q (irml a e a irnc��@6 -, with SG optics,while the SE optical y3ti — �fafe SGp'an( S %opftC� m;x as systems require a sag tempered �S qp-alE glass lens. E. �iTtei�K9e§SGtt> ' alsterl 1 271/z' I ;E a •`¢.'r Y1 Sk...� e,rfenr'optic _^ (698 mm) I 271/2' .I �w � gfJ.Rgf31. Fu:B + (698 mm) "offo,�;''rFt 3F sma[IefSE cut �b s EPA:1.00 sq.ft. EPA:1.20 sq.ft av�O d $fjlffBfBDL(ftSbIE7J0 e Weight 42lbs(19.1 k ) Weight 42lbs(19.1 k ) t�Tt $ � t� 9 9 9 9 - IwtiC a3M S u • �'fooi"free.access�ta ��g b. ��, ,,;i � DMS50-SE DflflS50-SG-DL (,,, ? U DMS50 with SE optics and DMS50 with SG optics and a drop lens(DU re",j Til, 1, �1�C�,Ib Sys P P P t �,p� , pi a sag'lens(standard) ct L.Nma sSSele tr '�L,tmlyttNxallrJ`O�t0gn n�^ DiWS50/60 FS Fusin (consultLumec) es�e, lu .1tv � - 1 Wattage„ SG SE_ � S 9 optics g #� o es4are c e � y ; -� .�,�' 3 Segmented cut-off reflector HS House shield �S�IffBCelff�a>Irl1 3 f 70 MH,medium .. k n • — system set in faceted arc DL Polycarbonate drop lens mage duplicating patterns tft tcbmfCarepar o al' a too MH,medium — — i dupli ta,. n vw z 8a ^�, 9�t�,u'J s — (SG and SE optics only) surfs esprioY�to 1 a00 eac,q 175 MH,mogul �q , } — SG1: Asymmetrical(() SL Tempered glass sag lens '1p co , ro ,+ 250 MH,mogul — — (SG optics only) texulred,po`wr3e forrfu�or { — SG2: Asymmetrical(II) �yc r J aP da 400 MH,mogul e ® LD Luminous dome '" ' ��t�`_ 'i { 70 HPS,mogul — _— SG3: Asymmetrical(111) Maximum 175W 100 HIPS,Mogul'>R-' °,1� � •�1 SGD: Symmetrical(V) (available with SG optics only) h _ _ 150 HPS,mogul SGFM: Forward-throw LR Luminous ring — —— • Maximum 175W 250 HPS,mogul — —— SE Optics (available with SG optics only) 400 HPS,mogul • • Small hydroformed cut-off (ballast must be remote reflectors stem set in in the mounting or pole) � Remote ballast in mounting or pole base y o Requires a reduced jacket lamp. faceted arc-image FB Flat base spinning rig r� r ar�rA�_ duplicating patterns. DMS50T^^and DMS60TM'Domus Series SE3: Asymmetrical(1) k� luminaires.accommodate HID:or Ym incandescent lamps as shown in SE5: Symmetrical(V) x r , the above table. Please consultfactory for details. HPS ballasts feature a-40F(-40C') (Clear lamps not included) lamp starifng capacity nVwith a high For further information,refertothe power factor of 90%and operate within Outdoor Lighting ApplicadonGuide. ANSI trapezoidal limits.MH ballasts ro feature a-20F I-30C°)lamp starting capacity with a high power factor of M y 90%.All ballasts are UL recognized and CSA certified: 1 I 1 11 1 N&tx'19 }dew The balla 's integrated in the hood h ballast eg of the luminaire. 23/8'(60 mm) 2 3/8'(60 mm) outside diameter outside diameter Insertion Insertion l SfRl71QCl1� a tube adaptor M of tenon' tube ado torn of tenon I r zex a,�F � P 2'51 mm) P, 2'(51 mm) ' E E f „ Thell!r!; g v Y s e N E H E e z u s�ystemoLuroacrsrrste�er ` , E ^ e `gX {g y low Gure, BOist)hantl Quebcr'1 � E 27 1/2' 1 I CCan da 17G 2A m v x a (698 mm) 1 e07Dk4f1' 271/2' , z (450)'_g30i1.4,5 �1E2a'r�S vy C (698 mm) >:Lx�l."zs,`S°�r.%` dumec:com ;�� = N EPA:1.20 s ft EPA: sq.ft. um 4 q. Weight 421bs 119.1 kg) Weight 421bs(19.1 kg) � � DMS50-SG-LR-DL DMS50-SG-LD , rIMAN, � , � DMS50 with SG optics, DMS50 with SG optics, rrGentyfe� lmGroup,L[E�fi�t°`hg�> a luminous ring ILR)and a drop lens(DL) and a luminous dome(LD) ���� • 1 Y,' �10 04 Galatin Count Weed Control district MEMO TO: Michael McGullam Baxter Meadows Development FROM: Dennis Hengel, Coordinator Gallatin County Weed Dist • DATE: May 18, 2004 RE: Baxter Meadows Development Enclosed is a copy of the approved Memoranda of Understanding for the Baxter Meadows Subdivision (Phase H) If you have any questions please contact me at 582-3265. DH/rp Enc. MOU • 901 N. Black Bozeman, MT 59715 (406)582-3265 JRN.21-2004 04:04 FROM: 406-03273 �0:95879137 P:2/2 • MEMORANDA OF UNDERSTANDING Galatincount FOR SUBDIVISION PLANNING `1X/eedColnfrof (FINAL PLAT APPROVAL) Distda . Projected date for Final Plat application 15 Apr 2004 Date MOU received This Memoranda of Understanding exists between the Gallatin County Weed Control District, hereafter referred to as "District" end Rax Pr Meadows DeyeloppMent, LP Jerry Williams ) (Please Print Full Name) of P.O. Box 11 060 Bozeman MT 59719 ( 406.)- 582-7523 / 896-491 0 (Address) (City) (State) (Zip) (Telephone) hereinafter referred to as "Cooperator", for the purpose of addressing the issues of noxious weeds and the revegetation of disturbed areas on land(s) within . Baxter Meadows .- Phase II (Name of Subdivision) Legal Description SEA, SW' , Sec. 3 4 , T. 1 N/S, R. 5 .. E/W NE4 Sec. 3 , T 2 S, R 5 E Under this Memoranda, the Cooperator has been informed of, and has agreed to comply with, the Noxious Weed Management and'Revegetation Requirements of-the Gallatin County Weed Control District, the Montana County Weed Gbntrol Act, and the Gallatin:County Weed Control District's Noxious Weed Management.Plan as it relates to the above named property: While as a landowner, the Cooperator will comply with the Noxious Weed Management and Revegetation Requirements on a yearly basis as needed, The Cooperator has also submitted to the Gallatin County Weed Control Office a copy of the Subdivision Covenants that complies with the Noxious Weed Management Plan of the District and the Montana County Noxious Weed Control Act. •Weed Board Chairman or Cooperator Date ate MOU-1 981 N. Black Bozeman, MT 59715 (406)552-3265 Michael• GuUgm - RRECEIVE� S �MAY _ 8 SOU 40�582.7523., (40�$70 9973 (40�58791374 b F J ';r FFICE ! CELLULAR- .;' FACSII�.E • r 7 ,3. - :CALL Fob `: ..- • enni. tinge —...'1_. ". Yesterday,Today 8i bmorrow Weed Coordinator' Gallatin County Weed District 901 N. Black Bozeman,MT 59715 Re: Compliance with Management Plan—recorded April 11,2002 Dear Mr.Hengel: This letter shall server to document that Baxter Meadows Development has reviewed the Noxious Weed Management Plan currently in place for Phase I and will abide by the recommendations set forth continuing in Phase R. .The plan describes weeds present on Baxter Meadows subdivision site which include bull thistle, canadian thistle and hounds tounge. As described in the plan, control shall include chemical application prior to plant flowering, per Gallatin iCounty recommendations. Chemicals described were Escort at a rate of 1.0 g/Acr. and redeem at 1.5 pts/ Acr. Additionally,we will be conducting mowing as described in the plan,again prior to plant flowering. We have been performing ongoing mitigation procedures for 2004 prior to plant flowering with mowing activities and spot herbicide applications. These activities. will continue through June and July. Baxter Meadows Development employs a full time landscaping crew to undertake these responsibilities;as well as other Homeowners Association maintenance and development activities. Attached please also find the sections which reference weed control in the proposed covenants for Phase II.If you Finally,with your approval please execute the original of the Memorandum of Understanding(MOU)that was provided to you previously by Danny Abbott.Thank you for your time. Sincerely, Michael McGullam Baxter Meadows Development,L.P. cc: Jerry Williams,Baxter Meadows • Greg Allen, Superior:Northwest (406) 6>�4*0 96::4.9.iF:_`:::P:::;O.:;;B•oX 81,:4.8? Brfii:n s. .:MT �.9.i.0:8:;::%:;w'•w.w baxt;ermeadows corn 8 , .:....,, :.::. .:.::.:... ..: . g...:.:.,.. ....;..,...:... ... - - ,r — • -- � 1�1: �� ,�� �� i ,��� i ,I 1 ,� �t l4;, ':r ��� ;P' [�I �9� �� �� �; ,tWi ;6� {�1 �y ij I• `�r '�� its F� „• ��� r` 's' h�� 1� • �r �! i J-383 ��., � 5®21 ��111 I Pape. � of 2 IIIIII III ili i 0 _.II ili 7/09/200 Illi 4 .2 ..�:12 1P Shelley Vance-Gallatin Cc MT MISC 12.00 • . EXHIBIT A WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS BAXTER MEADOWS PHASE II PUD MAJOR SUBDIVISION #P-03042 The undersigned owners of the real property situated in the City of Bozeman,County of Gallatin, State of Montana, and more particularly described as follows: A portion of S %of Section 34, TIS, RSE, PMM and the NE `/ of Section 3,T2S,RSE, PMM, City of Bozeman, Gallatin County, Montana. IN CONSIDERATION of receiving approval for subdivision for the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration,the receipt of which is hereby acknowledged,and in recognition of the • impacts which will be caused by the development of the above-described property,has waived ` and do hereby waive for itself, its successors and assigns, the right to protest the creation of one or more special improvement districts for: a) Baxter Lane and North 19"Avenue signal improvements; b) Baxter:Lane and Baxter Parkway signal improvements; and c) North 19`h Avenue improvements; or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event Special Improvement Districts are not utilized for the completion of these projects, we agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof. • This waiver shall be a covenant running with the land and shall not expire. The terms,covenants and provisions of the Waiver shall extend to,be binding upon the successors-in-interest and assigns of the parties hereto. DATED this.day of�>✓�, 2004. PROPERTY OWNER Baxt ows Development, by Je illiams, Managing Partner P.O. Box 11060, Bozeman, MT 59719 STATE OF MONTANA ) ss. County of Gallatin ) On this `1 day of_�l,�h , 2004, before me, the undersigned, a Notary Public for the State of Montana,personally appeared Je�Williams,known to me to be the Managing PartnerPartner, of Baxter Meadows Development, the corporation that executed the within instrument,and acknowledged to me that he executed the same for and on behalf of said corporation. • IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ,i ted me ere) C- by N ary Public for the State of Montana esiding at �o���n/ , Montana My Commission Expires <I--12 Zoo 10 (Use four digits for expiration year) 2156021 Page: 2 or 2 • 07/09/2004 12:21P Shelley Vanoe-Gallatin Co MT MISC 12.00 Waiver of Right to Protest Creation of SID for Specific Improvements: Baxter Meadows Phase II#P- 2 03042 J—J83 1111111 lip 2156022 _ Page: I of 2 111111111111111111111 II 07/09/2004 11 2:21P 1'i:� 4 Shelley Vanoe-Gallatin Co MT MISC 12.00 .�• EXII:IBIT B WAIVER OF RIGHT TO PROTEST CREATION OF PARK MAINTENANCE DISTRICT BAXTER MEADOWS PRASE It YUD MAJOR SUBDIVISION #P-03042 The undersigned owners of the real property situated in the City of Bozeman,County of Gallatin, State of Montana,and more particularly described as follows: A portion of S '/2 of Section 34, TIS, R.SE, PMM and the NE '/4 of Section 3,T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. IN CONSIDERATION of receiving approval for subdivision of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration,the receipt of which is hereby acknowledged,and in recognition of the impacts which will be caused by the development of the above-described property,has waived and do hereby waive for itself, its successors and assigns,the right to protest the creation of a city-wide park maintenance district which will provide a mechanism forthe fair and equitable assessment of maintenance costs for city parks; or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above- described property. In the event Special Improvement Districts are not utilized for the completion of these projects, we agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the • property, linear front footage of the property, taxable valuation of the property, or a combination thereof I I�'III��III II'III III II��II II��I III lIIII IIII I��I P/ 9�� �2 Shelley Vence-Ga. .in Cc MT MISC 12.00 This waiver shall be a covenant running wlin uue inim shall not expire. • The terms,covenants and provisions of the Waiver shall extend to,be binding upon the i successors-in-interest and assigns of the parties hereto. DATED this day of 12004. PROPERTY OWNER 06, tff Baxte M ows Development, by Jer illiams, Managing Partner P.O. ox 11060,Bozeman, MT 59719 STATE OF MONTANA ) ss. County of Gallatin ) On this 14 ti., day of �t1w�+¢. , 2004, before me, the undersigned, a Notary Public for the State of Montana,personally appeared Jerry Williams,known to me to be the Managing Partner, of Baxter Meadows Development, the corporation that executed the within instrument,and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Aelo eka.L Gj, -a m s K. w��' (Printed Name Here) �;1 . ''��q�''•.��y' Notary Public for the State of Montana � 0 � Residing at i S Montana r..•. My Commission Expires ✓, Is , 006 u •t (Use four digits for expiration year) 0i, 1A ,,,• REBEKAH K.WILLIAMS NOTARY PUBLIC forthe State of Montana Residing in Billings, Montana • My Cbnlmission Expires Nov, 18, 2007 Waiver of Right to Protest Creation of SID for Park District: Baxter Meadows Phase 11#P-03042 2 J-383 • 2156023 Page: 1 or 2- IIIII 07/09/2004 12:21P Shelley Vanoe-Gallatin Co MT MISC 12.00 o EXHIBIT C =~- s ... , tip WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR NON-STANDARD CITY STREETS BAXTER MEADOWS PHASE II PUD MAJOR SUBDIVISION#P-03042 The undersigned owners of the real property situated in the City of Bozeman,County of Gallatin, State of Montana, and more particularly described as follows: A portion of S '/2 of Section 34, T1 S, R5E, PMM and the NE '/ of Section 3, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. IN CONSIDERATION of receiving approval for subdivision for the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and • valuable consideration,the receipt of which is hereby acknowledged,and in recognition of the t impacts which will be caused by the development of the above-described property,has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of one or more special improvement districts acknowledging that the City will not assume dedication and/or maintenance of the local private streets that vary from City standards unless the street(s)are brought up to City standards, or the property owners agree to an assessment to fund improvements required to bring the street(s) up to City standards; or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property. In the event Special Improvement Districts are not utilized for the completion of these projects, we agree to participate in an alternate financing method for completion of said • improvements on a fair share, proportionate basis as determined by square footage of the • 0 : ;' . property, linear front footage of the property, taxable valuation of the property, or a combination thereof. This waiver shall be a covenant running with the land and shall not expire. The terms,covenants and provisions of the Waiver shall extend to,be binding upon the successors-in-interest and assigns of the parties hereto. DATED this A day of 5 L"" 2004. PROPERTY OWNER — ( � V Baxt o s Development, by Jerry Iliams, Managing Partner P.O. Box 11060, Bozeman, MT 59719 STATE OF MONTANA ) ss. County of Gallatin ) On this day of , 2004, before me, the undersigned, a Notary Public for the State of Mo t a,personally appeared Jerry Williams,known to me to be the Managing Partner, of Baxter dows Development, the corporation that executed the within instrument,and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF,I.have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL)'. (P nte a re) Jup y L. otary ublic for the State of Montana Residing at moo,r.a, � , Montana My Commission Expires It_j0_Z0Cp b (Use four digits for expiration year) 2156023 Page: 2 of 2 . 07/09/2004 12:21P Shelley Vanoe-Gallatin Co MT MISC 12.00 1 Waiver of Right to Protest Creation of SID for Non-Standard City Streets: Baxter Meadows Phase II 2 #P-03042 • • F • #12i: �: C �` ; ! �j • v.J` �� Z� { • f4' 5 �. �� �k; (I4 'eE !►I il'� M 14� 1�i, ipl 16', IQi '.y l • �I �� R `�' � � �, _ ;�� . CITY OF BOZEMAN Bozeman, Montana co.M0 Date: August 19, 2005 CASH IN LIEU OF WATER RIGHTS For a Residential Property Project Name: Baxter Meadows Phase 2C Applicant Name: Baxter Meadows Development LP Applicant Address: P.O. Box 81487 Billings, Montana 59108 Area: 9.500 acres Zoning: R-3, B-2 *13-2 limited through P.U.D. to residential Water diversion requirements based on zoning (some rounding in the following figures is indicated,but not used in the calculation of the final dollar amount) 9.500 acres X 6.4210 units per acre = 61.000 dwelling units 61.000 units X 2.5 per/unit = 152.50 persons 152.50 persons X 135 gpcd X 365 day/year = 7,514,437.500 gallons per year = 23.061 acre feet per year Cash-in-lieu amount 23.061 ac-ft X $30.55/ac-ft X 11.7668 = TOTAL CASH-IN-LIEU AMOUNT: $8,289.86 NOTE: The value calculated for the cash-in-lieu amount is equal to the City's expenses for an equivalent amount of water, on an annual basis, drawn from Hyalite Reservoir. This expense is calculated on the City's annual payments to the Middle Creek Water Users' Association of$30.55 per acre-foot, at present-worth, based on the 40-year rehabilitation loan @ 8.125%. Street address:411 E.Main St. Phone: (406) 582-2300 Mailing address:P.O. Box 1230 Fax:(406) 582-2344 Bozeman,Montana 59771-1230 TDD: (406) 582-2301 �04 so CITY CITY OF BOZEMAN V9x Bozeman, Montana Date: August 19, 2005 CASH IN LIEU OF WATER RIGHTS For a Residential Property Project Name: Baxter Meadows Phase 2D Applicant Name: Baxter Meadows Development LP Applicant Address: P.O. Box 81487 Billings, Montana 59108 Area: 9.093 acres Zoning: R-3 • Water diversion requirements based on zoning (some rounding in the following figures is indicated,but not used in the calculation of the final dollar amount) 9.093 acres X 3.4092 units per acre = 31.000 dwelling units 31.000 units X 2.5 per/unit = 77.50 persons 77.50 persons X 135 gpcd X 365 day/year = 3,818,812.500 gallons per year 11.7195 acre feet per year Cash-in-lieu amount 11.7195 ac-ft X $30.55/ac-ft X 11.7668 = TOTAL CASH-IN-LIEU AMOUNT: $4,212.88 NOTE: The value calculated for the cash-in-lieu amount is equal to the City's expenses for an equivalent amount of water, on an annual basis, drawn from Hyalite Reservoir. This expense is calculated on the City's annual payments to the Middle Creek Water Users' Association of$30.55 per acre-foot, at present-worth, based on the 40-year rehabilitation loan @ 8.125%. • Street address:411 E. Main St. Phone: (406) 582-2300 Mailing address: P.O. Box 1230 Fax: (406) 582-2344 Bozeman,Montana 59771-1230 TDD: (406) 582-2301 • • 13 I� tj • �' �! i r �R V) . LL E r I • �,c. {� �`` � A I'� �'�i i�� i�R Icy 'r ,y ��� ;�f �� ;} i'�I ` • �n ids 1 i 08/10/2005 17:19 666666 66666 NEW CONST • PAGE 02 Bozeman Division Daniel Kuchtyn 121 East Griffin Drive • System.EngineerN- 1-0 A �steffi Telephone:(406)582-4646 Bozeman, MT 59715 �". F Telephone:406-587,-4637 Fax:(406)585-9634 Energ daniel.kuchtyn@northwestern.com wvm.northwes•ternenergycom August 10, 2005 Jetty Williams Baxter Meadows Development,LLC P.O. Box 81478 Billings, .MT 59719 Dear Mr. Williams, Northwestern Energy has reviewed the latest plat of Phase HC/D (revised 8-3-2005) of the Baxter Meadows Subdivision and agrees to the utility easements as shown. Sincerely, KL Daniel Kuclttyn • NorthWestem Energy System Engineer 8-11-05; 9:06AM;OWEST BOZEMAN ENG ;406 585 2368 # 1/ env ride the light fl Qwest. MEMORANDUM TO: Mr. Harley Huestis PC Development FROM: Josh Homer Qwest Communications DATE: August 11,2005 RE: Baxter Meadows Phases 2C&D Dear Mr. Huestis: • As you have noted in your letter to Qwest that there have been difficulties, you have outlined some of the issues. In regards to the easements,the pockets dictated to hold the pedestals for the utilities on one side or the other are very tight once you get all parties involved placed. Qwest may have to place there primary pedestals on the opposite side of the alley from the other utilities to offer better access to our equipment. As for the rest of the easements mentioned on the plat they are sufficient to place cable throughout the phases mentioned as 2C and 2D. However, there is also the grading issue of the prospective lots. There have been sufficient problems with grading in previous phases and if at any time Qwest has facilities in the subdivision and the grade will change after placement then the developer or respective parties will be liable to pay for the costs of lowering or raising of the affected facilities. With this said it is in Qwest's best interest to provide phone service to this development in a"joint effort" with "all"participating utilities. Thank You. 08/09/2005 10:01 140G8 911 COTTONWOOD CUTER PAGE 02 COI11rTiunic8t1Of1S Bresnan Communications 511 West Mendenhall Drive Bozeman,MT 59715 Tel:800,823.6766 Fax:406.586.6381 wm.bresnan.com 8-8-05 Baxter Meadows Development,LLC PO Box 81487 Billings,.MT.59719 RE: Baxter Meadows Subdivision Phase 2C and 2D Bresnan Communications has reviewed the latest plat received in our office on 8-5-05 for Phases 2 C and 2 D of Baxter Meadows Subdivision.The easements shown on the plat will work for Bresnan Communications as long as we get in the trenches that Northwestem,Energy digs;at the same time they place their facilities.This is also assuming that the broken casement lines in the rear lots between Ferguson,Lasso Streets,and Gallatin Greens are continuous easement lines.Also that there will be a 5 foot easement along the rear of lots 3,4,and 5 in block 13. Scott Riis aechnicalons Supervisor your link to TOMORROW 8-15-05; 11 ;54AM;P. C. Dev opment Inc ; t 406 586 9921 # 2/ 2 08/15/2005 10;34 140E8 1 COTTONWOOD COMP PAGE 02 ET F"INIS, •.i.',�,'�� VmM,vidw 4 Geee August 15, 2005 Baxter Meadows Development, L.P. P.O. Box 81487 Billings, Mt. 59108 To Whom It May Concern: T- • -" <: ti We have reviewed the latest plat of Baxter Meadows Phases 2 CBD, and agree to the utility easements as shown. ?'^ Sincerely, \ �`,;A•,.1•• ,..•may':,^ � , Thomas Miller Vivid Networks, Inc. PO Box 80606 Billings, MT 59108 406.294.9693 Fax: 406.896.4911 www.vividne two rks.corn • • 14 � �,, ,N 4 �� �� �, •;� f i� I i i �J 11 �� i� tr { �� �4 I! i 1, � � t I '� �.� { �_ i � • .. 1 �� r� i { F f� i a i 's ,� t C f4 • if �I • • i SUB -PHASES 2C & 2D - PUD PLAN BARTER MEADOWS BOZEMAN , MONTANA • c INDEX OF DRAWINGS UTILITY LAYOUT EXISTING ZONING LANDSCAPE PLANS (SEE TAB 3) STREET LIGHTING PLAN (SEE TAB 7) PHASING PLAN (SEE TAB 13) s s IJ -V W KIMBERWICKE'STREET SD-- OF TRACT 2A , REMAINDER , [Ia Ls] r______________ 1_________-________ , N0. 22o2A C.O.S. • I 1 7 I ZZ- I LEGEND I h 41 r �O 8 o I 2 �, 2 ? NEW EXISTING DESCRIPTION ------ 3 © CABLE TV RISER .zw I __—__ I • CLEANOUT O ' I o ELECTRICAL BOX , 3 ; 9 17 FIRE HYDRANT z a LOT 12 ; 3 LU ' w > �4 � i � • O MANHOLE W W x Z W © TELEPHONE RISER Z A Q ^^— —— ' Q —cTv——— UNDERGROUND CABLE TV NLD > i Z zo UNDERGROUND ELECTRIC ' Q J I • .— G GAS SO SD of U)(A . i W O �wZ LOT i t Ic i ; S S SANITARY SEWER C1 O I•I•I W N o h+1 I 10 U- SD iD STORM DRAIN N F"I uNw 4 4 ; —a ———T ——— UNDERGROUND TELEPHONE / m i v v WATERLINE W Ww I—--—-- > ►� oa VALVE Q Q Q BLOCK CI CI ' I REMAINDER OF TRACT 2A a wm : 5 5 11 , C.O.S. NO. 22o2A LOT 10 zi ; i t r�Q a G E 0 0 O 0 50' 100' 150' 1 N ? ' ' REMAINDER OF TRACT 2A I I I I I S C A L E I I DES GNED BY:WN BY: EWB B y i 22D2A PARK QUALITY CHECK: LOTi ; ' C.O.S. N0. I DATE: 8/15105 Q , 6 6 ; „ 12 I JOB NO. 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PHASE 1 Q [ SHEET OF 1 I I I .�f �Il ---J -------------------------------------------------------------� - (!N ----1 r--- ---------------------------------------- ------------- -- I I - 1 1 i � I I ' I , 1 1 I 1 I I , '/�111p O I I O I 1 I I ' I • I I D I XI Z I , 7 1 m , 11 I U) 1 , I Z I 1 m 1 I lAS AVE. , 1 FERGUSON ROAD ------ ----- --- i FERG ON AVE , -_-----_-_ I 1 II 1 �1 MIL OUSE AV I 1 1 ' I I II ' I m1 I � II I VAO RO PAR AY ' I, 1 1 m I 1 I _ � I _• ' , ,a � 1 I 1 1 A C ALLO A CASPIA VE. - _ 1 ` 1 I I I I I I I 1 II I 11 I 1 1 1 �--------- --------------- -------------------- -------------- ----- DAVIS ROAD -I I I I y R D ,,,E,, a COLLABORATIVE N m g � q . ��° DESIGN m a ' Ems„r o ZONM 11. ARCHITECTS N I I I ,,, 2280 GRANT ROAD.SURE C.PO BOX 80467•BILLNOH,MT.'5QM 04e7 (406) 246-3443 0 FAX (406)248-3766 E-MAIL,CONCEPTSUWTP,NET • ,5 to 5� • Page 1 of 2 Michael McGullam • From: Debbie Arkell [darkell@BOZEMAN.NET] Sent: Monday, August 15, 2005 9:30 AM To: Michael McGullam; gregallen@bridgeband.com Cc: Bob Murray; Lanette Windemaker Subject: RE: Baxter Meadows Phasing Sorry for the delay in getting back to you on this (thanks for the phone call reminding me, Greg). Bob Murray has advised me this phasing is acceptable. If Lanette needs more than this email for my approval, she can contact me and I'll write a formal letter, but I'm hoping this is enough. In order to complete the water rights calcuation for phases 2C and 2D, I need more information. Phase 2C, appears to be zoned R-3. However, the April 9, 2004 letter to the planning office says Phase 2C is Block 15, Lot 1, and it doesn't match up with the Phase 2C shown on the PDF. Are these all Single Family lots? I can't read the lot area#s on the PDF, but it appears that the lots west of Milkhouse Ave and east of Gallatin Green could be M-F. I need the total area of each phase (sq.ft.) as well as the net area (less roads and parks), total number of lots and what can be constructed on each lot. If the density of the M-F lots is not know, I will calculate the rights based on zoning. Phase 2D appears to be zoned R-3. Are they M-F or SF, and if M-F, what is their size (is duplex, triplex, 4-plex or more?) Again, I need the gross and net area of this phase. Debbie Arkell • Director of Public Service l City of Bozeman (406) 582-2315 darkell@bozeman.net From: Michael McGullam [mailto:michaelandjo@vividnetworks.net] Sent: Wednesday, July 27, 2005 8:11 AM To: Debbie Arkell Subject: FW: Baxter Meadows Phasing Debbie, Here is the info again on sub-phasing and the letter Lanette is requesting. Thanks, Michael MICHAEL MCGULLAM CADIUS PARTNERS, LIMITED (❑) 406.556-441 1 (C) 406.579.7944 ----Original Message----- 1 From: Gregory J. Allen [mailto:gregallen@bridgeband.com] Sent: Wednesday, July 06, 2005 1:52 PM 8/15/2005 II � ... ....... ................................... KIMBERWICKE �T. •° W 'ONE • i • KIMB WICKE ST. / ° > c LOT 1 ° LEL9TADe O6F PHASE QW � • F SpF LOT LOT Z LOT 2 .O TM 2 B O !FW aims OF IM Lora LOT LOT BLOCK 15 a RAWHIDE STREET QZR)■/U� • 1Are OF °OF r LOT 1 ° J V Y: F b BLOCK 10 f. 2WA3 °� J�Q LOT 4 LET LOT 10 f • F a)d U Q e LOT 5 LOT 5 LOAM 0 • lATO F F LOT 12 I I rF ................................ LOT 6 O SOT cAxv q •x• 141a F F •L F Y s ° i GALLOWA'-N. G kOW/,�Y ST I I I • e LOT CO) LOT — 3 Y 0 $ LOT 1 lOT 11 10� O LOT 5 J S LOT 1 LOT 5 55M F •µ0 F • C t'C �' LOT 1 m O)•4 gad• ° OJ�•o^i F LOT 6 LOT 7 F F a s' W!• F' F BLOC 11 i 5-3i"SF 51 aF W W LOT i LOT 2 LOT 3 it Z LOT D r m LOT 20 a 1Afl0 J F W LOT 2 : tL•a! qsm C� LOT 4 Z F LOT i ~_ '-" O N IsAn ` F - F F R.]7• ri LOT2 S LOT6 Y D`JNF F o"s a•�• �°4 BLOCK 14 , F a LOTS F F Y •A1reF LOT L N -, Z a ► LOT3 s M•S • Ml we x'm'9.m ..t zow F L T 5 LOT 15 Q LW 1 LOT 23 Q LOT 3 rft ] F • B K Nt LOT 3 p LOT 7 s 5,W F 5)f0 F 2TQ F P I-� S E h1Y1 LOT 2 lir Z LOT 10 •OF a �g Lor za Q F u]O I OFO LOT 6 LOT 16 �'+ y 1712 F !r1 F F • [LOTdm m m LOT 25 LOT d LOT 5 LOT 7 LOT 6L) �!' �' 2Las 10T4 C9. �8 LOT LOT 11 Q46!OT 4 SSW 9 COT 7 Dy4 5. - ipa r+ LOr 2 �'� 2 i. F F F yF F o o ofi o� D.a °' • �! �. • p p F ......................... IAN LANE I II I• EQUEST N LANE I jLOT -OT2 LOT LOTS LOT6 10T7 LOTi L0T2 10T3 LOT LOT5 LOT �! OA01 DA01 o"o !a45 D)]a 5)]O /P]O DA]• Dp• N'•1 IPO. 4. Y F F F F F F OF F F F F F $ W F1 W � .-1" Z 8 Q 0 a W -1 ° Q LOT a LOT 9 LOT 2 Q O7 7 T LO7 9 LOT 11 F °y �o °�2 m •• SPaa OT iC DPOO F F y F Q o 1 ° TRAKKIfR TRAIL STRE - I BOSAL ST. .. ° ui LOT 1 LOT 2 LOT 3 LOT d LOTS LOT 6 LOT 1 l0T 2 LOT 3 LOT 4 LOT 5 LOT 6 D,HI D)N a,]71 DjL• !)N D,HI 4N1 4al• 1,10 D�4 4ar• 4A•1 F F F F F F F F F F F OF % .2- LOCK 0 O _ l0T 7 LOT D LOT 9 LOT 11 LOT 12 LOT 13 OT 7 LOT 8 LOT 9 LOT 1 OT 11 LOT 1 M0. ��' I• Da0° Da•O •)N a)K DADT DDDr !A3 Dp-' 5•T DPYd Dp4]Dpd• . F F F F F F F F F F F F ryt NE m T -71 �1 }I p GATES Z PHASE >- MdVA ewes • \ \ • Ale SHEET= PHASE TWO SITE PLAN - PHASING PLAN /\ W NOO / / � PH2 • 16 r 9� First Interstate Bank 401 N.31st St. First P.O.Box 30918 �1 .Interstate Billings,MT 59116-0918 Bank 406-255-5000 wwwArstinterstatebank.com IRREVOCABLE STANDBY LETTER OF CREDIT August 22,2005 Letter of Credit No. 1109600313 FOR THE ACCOUNT OF APPLICANT: IN FAVOR OF BENEFICIARY: Baxter Meadows Development,LP City of Bozeman 6780 Trade Center Ave P.O. Box 1230 Billings, MT 59102 Bozeman,MT 59771-1230 EXPIRATION DATE: On or before the close of business on August 22,2006 at our Counters in Billings,Montana. Gentlemen: We hereby issue in favor of Beneficiary our Irrevocable Standby Letter of,Credit in the amount of EIGHT HUNDRED THIRTY-FOUR THOUSAND,NINE HUNDRED FIFTEEN DOLLARS AND 80/100 �--� ($834,915.80),which is available by your draft drawn on us at sight,accompanied by the following document: Statement duly executed by a representative of the Mayor and City Council of the City of Bozeman stating""The Applicant has a lien placed on the subdivision known as Tracts 2A and 4A of Certificate of Survey No.2202A,located in the S%z of Section 34, Township 1 South, Range 5 East, and the NE ''A of Section 3, Township 2 South, Range 5 East, P.M.M. Gallatin County, Montana and with this Letter of Credit will provide infrastructure costs such as road paving,landscaping and lighting for street development known as Phase 2C&21)in Baxter Meadows Subdivision in Bozeman,Montana.." The original of this Letter of Credit along with your draft must be presented to us by certified mail or in person and addressed to FIRST INTERSTATE BANK,P.O.Box 30918,Billings,Montana 59116, Attention Jeremiah Rouane. We hereby engage that drafts drawn under and in compliance with the terms of this credit will be duly honored/accepted on presentation on or before the expiration date of this credit. It is understood that the Beneficiary,upon acceptance of this Letter of Credit,agrees that all partial payments for improvements completed in the development and approved by the City may reduce this letter of credit by the amount of the payment. Sincerely, FIRST INTERSTATE BANK uthorized colt W. Sanders Authorized Signer: Bruce Parker i 17 t�F{ f t r R i C 3 t Y Jj f i a • F k x q r i k ti i� t r t �Fff i 1. IMPROVEMENTS AGREEMENT FOR BAXTER MEADOWS PHASE HC & D PUD MAJOR SUBDIVISION FINAL PLAT #P-05040 (PRELIMINARY PLAT#P-03042) LOCATED NORTH OF EQUESTRIAN LANE AND WEST OF VAQUERO PARKWAY,BOZEMAN,MONTANA THIS AGREEMENT is made and entered into thi4 day of. 1 , 2005, by and 1) between, Baxter Meadows Development, L.P., Baxter Meadows Construction, Inc., its General Partner, Gerald R. Williams, President, P.O. Box 81487, Billings, MT 59108-1487, hereinafter called the "Developer", and the City of Bozeman, a Municipal Corporation of the State of Montana,hereinafter called the "City". WHEREAS, it is the intent and purpose of the Developer to meet the conditions of approval of a Major Subdivision Application to divide the 22.72 acres into 72 lots, streets,alleys,parks and open space on property located north of Equestrian Lane and west of Vaquero Parkway. WHEREAS, it is the intent of the Developer to obtain Final Plat approval; and WHEREAS, it is the intent and purpose of both the Developer and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements on the • property hereinafter described; and it is the intent of this Agreement, and of the parties hereto,to satisfy the improvements and guarantee requirements for the conditional approval of said Major Subdivision Application. NOW,THEREFORE,in consideration of the mutual covenants and conditions contained herein,it is hereby agreed as follows: 1. Property Description This Agreement pertains to and includes those properties which are designated as"R-3"(Residential Medium Density District) and `B-2" (Community Business District) on the City of Bozeman Zoning Map, and is legally described as a portion of S '/Z of Section 34, TI S, R5E,PMM and the NE '/4 of Section 3, T2S,R5E, PMM, City of Bozeman, Gallatin County, Montana, and more commonly located north of Equestrian Lane and west of Vaquero Parkway, Bozeman, Montana. 2. Improvements This Agreement specifically includes any water, sewer, street and drainage improvements, park improvements, sidewalk installation and other improvements as illustrated on the plans and specifications provided in the approved Major Subdivision Preliminary Plat Application#P-03042. The estimated cost of these improvements is attached as Exhibit A. 3. Financial Guarantee,Time for Completion of Improvements If construction associated, with a required building permit, is to occur prior to completion of all Baxter,Meadow"ss'Ptiase IIC&D PUD`Ma'or:Satdivis"ion Im`rovements AY reement`#P=05040Pa a l' 0 0 • required on-site improvements, this Improvements Agreement must be secured by a financial guarantee, as may be deemed acceptable by the City,payable to the City of Bozeman,in an amount equal to one and one-half times the estimated cost of the installation of any required improvements not completed at the time building permit(s)is requested. Said method of security shall be valid for a period of not less than twelve (12) months. In any event, all required improvements shall be completed within nine(9)months of occupancy in order to avoid default on the method of security. 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Developer is in compliance with this Agreement, and the Developer shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. 5. Default Time is of the essence for this Agreement. If the Developer shall default in or fail to fully perform any of its obligations in conformance with the time schedule under this Agreement,and such default • or failure shall continue for a period of thirty(30)days after written notice specifying the default is deposited in the United States mail addressed to the developer at Baxter Meadows Development, L.P., Baxter Meadows Construction, Inc., its General Partner, Gerald R. Williams,President,P.O. Box 81487, Billings, MT 59108-1487, or such other address as the Developer shall provide to the City from time to time,without being completely remedied,satisfied,and discharged,the City may elect to enforce any of the following specified remedies: 1) The City may,at its option,declare the financial guarantee to be forfeited and secure the complete construction and inspection of the improvements described herein. The City's representative,contractors,and engineers shall have the right to enter upon the property and perform such work and inspection,and the Developers shall permit and secure any additional permission required to enable them to do so. 2) The City may enforce any other remedy provided by law. 6. Warranty The Developer shall warrant against defects in these improvements for a period of one year from the date of their written acceptance by the Governing Body. 7. Governing Law and Venue • This Agreement shall be construed under and governed by the laws of the State of Montana. In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. BagterlVleadows Plia§e;IIC&D'PUD�1VTa or�Sutidivision Improvements A��re menu`#P,05040' :` i�FP.a a 2 �; 0 • 8. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City Attorney. 9. Modifications or Alterations No modifications or amendment of this Agreement shall be valid,unless agreed to in writing by the parties hereto. 10. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 11. No Assignment It is expressly agreed that the Developer shall not assign this Agreement in whole,or in part,without • prior written consent of the City. 12. Successors Except as provided in paragraph 10,this Agreement shall be binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. PROPERTY O R Baxter Meadows Development, L.P., Baxter Meadows Construction, Inc., its General Partner, Gerald R. Williams, President STATE OF :ss County of 9G_I 4;A_ ) On this =� day of , 2005, before me, the undersigned, a Notary Public for the State of Montana, ersonally appeared Gerald R. Williams, known to me to be the President, of Baxter Meadows Construction, Inc., the General Partner of Baxter Meadows • Development, L.P., the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. �'9WPuF reement"�� BazterMeadows Pha tIIC&DEPUDf1VIa'or�SubdivisioniIm rovements A #P,0504QPa a 3` 0 0 • IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (Si gnature,ab v / rrl (v (Seal) (Printed Name above) Notary Public r State of Montana Residing at: F Commission Expires: .l�y (Use 4 digits f xeor digits year) THE CITY OF BOZEMAN Andrew C. Epple, AICP Planning Director STATE OF MONTANA ) • :ss County of Gallatin . ) On this day of , 2005, before me, a Notary Public for the State of Montana,personally appeared Andrew C. Epple,AICP,known to me to be the person described in and who executed the foregoing instrument as Planning Director of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that she executed the same for and on behalf of said City. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first written above. (Signature above) (Seal) (Printed Name above) Notary Public for State of Montana Residing at: Commission Expires: (Use 4 digits for expiration year) • Baxter�lVIead'owsTPha'SciWC&D;P,iJD,i1VIa or Sub°divist'644 ovemen"tsQreemedfgk!05040�- :Vi a 4,-- 8-19-05; 2:38PM;P. C. Development Inc ; t 406 586 9921 # t/ 4 r r 3985 Valley Commons Drive Bozeman,MT 59718 Fax#(406)586-9921 Phone#(406) 586-9922 FACSIMILE TRANSMISSION COVER SHEET DA',f E: -� - PLEASE DELIVER THE FOLLOWING PAGES TO: COMPANY:—�,U� � FAX: � 7 FROM: �e-- NIJM EIt OF PAGES (INCLUDING COVER SHEET): The information contained in this fax message is privileged and confidential information intended only for the use of the individual or entity names above. If the reader of this fax message is not the - intended recipient or the employee or agent responsib!e to deliver it to the intended recipient,you are hereby on notice that you are in possession of confidential and privileged information, Any dissemination, distribution or copying of this communication is strictly prohibited. You will immediately notify the sender by telephone of your inadvertent receipt. Return the original fax message to the sender at the address above via the United States Postal Service. MESSAGE: �� a.��=g wr l (-•� .� .� -t`� t Rl 11 ul V-4 rk7l M" 6illu. tL&-7,-_ r 1'. '&t 'IF THERE ARE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CONTACT CONNIE OR TRACY AT (406) 586-9922. • 8-19-05; 2:38PM;P. C. Development Inc \ ; 1 406 586 9921 # 2/ 4 08/18/05 THU 10:43 FAX 14*64951 T D & H � 0002 • FOMEIT A ENGINPR'S CERTIFICATE REGARDING Incomplete Subdivision Infrastructure Baxter Meadows Subdivision,Phases ZC and 2D August 18,2005 This document relates to the above rGfexenced two tracts of land being a poxtion of the remainder of Tract 2A,of. Certificate of Survey No.2202A,Located in the SW'/4 and the SE'/a of Section 34 in TI S,RSE,P.M.M.City of Bozeman Gallatin County,Montana. The incomplete work as of the above date includes roadwork.,sidewalks,signage and striping for the Baxter Meadows Subdivision,Phases 2C and 2D Infrastructure. Also attached is the schedule of values,based on bid schedules for this project.Unit prices show that the total improvements amount totals$303,863.20. I certify that based on existing conditions at this time in Bozeman the attached cost estimate totaling $303,863.20 is a realistic cost for the improvements outlined above. Respectfully Submitted Keith Waring,P.E. o • I(EITH E. WARING ;w y� No.15161 PE •w - •�CEH5�c Co�� • 8-19-05; 2:38PM;P. C. Development Inc ; t 406 586 992, 4 4/ 4 BAXTER MEADOWS PHASE 2C 20 • PAY 2 Itom A Description Est.City Unit Unit Price Amount 1 POND OUTLET RIPRAP 61.00 SY $20.00 $1,020.00 2 POND OUTLET STRUCTURE 2.00 EA $800.00 $100.00 3 1.5'MINUS CRUSHED BASE,IN PLACE 6"TH 18,428.00 SY $2.40 $44.227.20 4 HOT PLANT MIX,3"THK 15,919,00 SY $6.60 $103,473.50 5 COMB CURB&GUTTER,24'WIDE 8,334.00 LF $9.60 $79,173.00 6 TYPE A HC PED RAMP,8.5'X8.5' 12.00 EA $750.00 $9,000.00 TYPE B HC PED RAMP,8.5'X14.5" 8.00 EA $3,200.00 $25,600.00 TYPE C SINGLE 8.5' 2.00 EA $550.00 $1,100.00 TYPE D 8.5'X11.5'BLVD 2.00 EA $3.000.00 $6,000.00 TYPE E SINGLE 11.S' 2.00 EA $650.00 $1,300.00 TYPE F,REPLACE ONLY RAMP 2.00 EA $650.00 $1.300.00 7 CONC ALLEY APRON 31.00 SY $58.50 $1,813.50 8 CONC VALLEY GUTTER AND FILLET IN PLACE 26.00 SY $58.50 $1,521.00 9 ICONG SIDEWALK, IN PLACE 745.00 SF $3.00 $2,235.00 10 ISITE GRADING AND EXC 0.25 L$ $50,000.00 $12,500.00 11 SIGNS IN PLACE,NEW STOP/STREET SIGN 4.00 EA $350.00 $1,400.00 NEW STREET SIGN 6.00 EA $350.00 $2.100.00 INSTALL W14-1,DEAD END SIGNS 6.00 EA $350.00 $2,100.00 12 CURB BULB DELINEATORS 80.00 EA $60.00 $4.800.00 • 13 CURB BULB PAINTING 800.00 LF $2.00 $1,600.00 GRAND TOTAL $303,863.20 REMAINING WORK IN CONTRACT j $303,863.20 REQUIRED IMPROVEMENT AGREEMENT AMOUNT $ 455,794.80 I i I • Pagel remaining quantities8.18.05.xis 8/19/2005 8-19-05; 2;38PM;P. C. Development Inc • ; t 406 586 992t 4 3/ 4 • • FINAL COST ESTIMATE-SUMMARY Project: Baxter Meadows Subdivision. Phase: Phase 2B, C, D & Future Date: August 9, 2005 Prepared By: Peaks to Plains Design,P.C. ITEM DESCRIPTION TOTAL Asphalt Trails 10'wide $ 9,592 Concrete Sidewalk 5'wide; for cut-through $ 17,800 Gravel Trails 8'wide; City of Bozeman stds. $ 2,625 Shade trees 2" cal. B&B $ 47.690 Ornamental trees 7 gal, cont. OR 1-1/2"cal. B &B $ 4,550 Coniferous trees 5'-6' height $ 1,660 Shrubs 2 gallon container $ 1,155 Seed Mix#1 Turf Lawn Seed/H dromulch $ 3.226 Seed Mix#2 Native Seed/H dromulch $ 488 Rotor Irrigation 6"pop-up seed mix 41 $ 36.296 Drip Irrigation to trees in native lawns only $ 1,080 Swings GameTime P1238 & P1239 $ 1,445 Swing Seats-Regular GameTime #8699 $ 400 Swing Seats-Tot GameTime #8695 $ 540 Playiround equipment GameTime Walker Three $ 11,000 Playground Mount Pkg. GameTime #23029 $ 1,025 • Playoround surfacing Fibar Mulch;#312 $ 9,978 McKened a ge concre e around playground Assume 12"wide walk $ 1,392 Pedestrian Bride 8'wide x 30' length $ 18,000 Basketball Court 50'x 84'court-asphalt surface $ 10,000 _ Basketball Posts GameTime#459 $ 810 Basketball Backboard GameTime#854 $ 1,190 Basketball Net GameTime#454 $ 290 Picnic Table between basketball et. and swings $ 780 Benches 6' length, with back $ 8,764 Seats 6'len th; without back $ 7,160 Trash Rece tacle GameTime; UL9300 $ 1,400 Pet Waste Disposal JJB Solutions JJB006 $ 850 SUBTOTAL $ 201086 - MOBILIZATION& INSURANCE 10% $ 20,109 CONTINGENCY 10% $ 22,119 - TOTAL $ 243,314 Page 1 z • 18 b � . 9 • 8� • u Baxter Meadows PUD— ase II June 2004 Baxter Meadows Phase II- 100-year Flood Plain Analysis Spring Ditch Prepared for: City of Bozeman Engineering Department 20 E. Olive P.O. Box 1230 Bozeman, MT 59771-1230 582-2280 Prepared by: Robert Peccia & Associates P.O. Box 5653 Helena, MT 59604-5653 447-5000 Baxter Meadows PUD—Phase 11 • June 2004 Baxter Meadows Phase II • Spring Ditch HEGRAS Model In response to Condition#52—Final Plat Submittal x Baxter Meadows PUD 4se 11 June 2004 • A flood analysis of the section of Spring Ditch that flows through Baxter Meadows Subdivision —Phase H was conducted using the BEC-RAS computer program. The hydrology parameters used in the model were taken from the Baxter Meadows Storm Water Master Plan, prepared by Allied Engineering, when the first phase of the subdivision was developed in 2002 (see Appendix). According to the model, Spring Ditch can easily accommodate 100-year flood flows (Qloo= 51 cfs). The modeling results are included in the following pages. ,o r r• % t!.f fr Spring Ditc - Phase HEC-RAS Model \I 1V \ t d ..._........................... ...__...... it .. 2 Phase Two Spring Ditch River=Spring Ditch Reach=Phase Two RS=200 035 .035 .035 4690 Legend 4689 EG Phase2 WS Phase2 = 4688 Crit Phase2 C t 4687 ------------------- Ground > • a) Bank Sta w 4686 4685 4684 0 20 40 60 80 100 Station(ft) Phase Two Spring Ditch River=Spring Ditch Reach=Phase Two RS=190 035 .035 .035 4690 Legend 4689 EG Phase2 WS Phase2 4688 CritPhase2 • o .- 4687 Ground a) Bank Sta w 4686 -— -- 4685 4684 0 20 40 60 80 100 Station(ft) Phase Two Spring Ditch River=Spring Ditch Reach=Phase Two RS=180 035 .035 .035 4688 Legend --•------------------ 4687 EG Phase2 WS Phase2 4686 ' Ground C • 0 4685 ------------- Bank Sta a� w 4684 4683 • 4682 0 20 40 60 80 160 Station(ft) Phase Two Spring Ditch River=Spring Ditch Reach=Phase Two RS=170 035 1. .035—T.035—� 4688 Legend ---------- 4687 EG Phase2 4686 WS Phase2 Ground c 4685 • • Bank Sta 5 a� 4684 •----------------- w 4683 4682 4681 0 20 40 60 80 100 Station(ft) Phase Two Spring Ditch River=Spring Ditch Reach=Phase Two RS= 160 .035 .035 .035 4687 Legend 4686 EG Phase2 4685 WS Phase2 Crit Phase2 • c 4684 —.— ° Ground 4683 • ................... Bank Sta w 4682 4681 4680 0 20 40 60 80 100 Station.(ft) Phase Two Spring Ditch River=Spring Ditch Reach=Phase Two RS=150 .035 .035�� .035 4686 Legend 4685 EG Phase2 4684 WS Phase2 CritPhase2 0 4683 —.— Ground a'� 4682 • Bank Sta w -- 4681 4680 4679 • 0 20 40 60 80 100 Station(ft) . Phase Two Spring Ditch River=Spring Ditch Reach=Phase Two RS=140 1 035 .035 .035 4685 Legend -------------------- 4684 EG Phase2 4683 WS Phase2 Ground c 4682 • ° Bank Sta m aa> 4681 w ........... -- 4680 4679 4678 0 20 40 60 80 100 Station(ft) Phase Two Spring Ditch River=Spring Ditch Reach=Phase Two RS=130 035 .035 �� .035 4686 Legend EG Phase2 4684 WS Phase2 • 4682 Crit Phase2 0 � Ground > • 4680 Bank Sta W ..................... 4678 4676 0 20 40 60 80 100 Station(ft) Phase Two Spring Ditch River=Spring Ditch Reach=Phase Two RS=120 035 .035 .035 4684 Legend --------------------- EG Phase2 4682 WS Phase2 Crit Phase2 4680 Ground > • Bank Sta W 4678 -------------- 4676 0 20 40 60 80 100 Station(ft) Phase Two Spring Ditch • River=Spring Ditch Reach=Phase Two RS=110 .035 .035 .035 4682 Legend -------------------- 4681 EG Phase2 4680 WS Phase2 Grit Phase2 0 4679 .2 Ground w 4678 Bank Sta 4677 ...-----.........------------------ 4676 4675 0 20 40 60 80 100 Station(ft) Phase Two Spring Ditch River=Spring Ditch Reach=Phase Two RS=100 035 �.035 �� .035 4681 Legend 4680 EG Phase2 4679 WS Phase2 Grit Phase2 • c 4678 g Gro nd > 4677 • w Bank Sta 4676 ----- 4675 4674 0 20 40 60 80 100 Station(ft) Phase Two Spring Ditch River=Spring Ditch Reach=Phase Two RS=90 035 .035 .035 4680 Legend 4679 EG Phase2 4678 WS Phase2 Ground 0 4677 • Bank Sta > 4676 — -------------------------------4-- .... w 4675 4674 4673 20 40 • 0 60 80 100 Station(ft) • Phase Two Spring Ditch River=Spring Ditch Reach=Phase Two RS=80 4681 035 .035 .035 Legend 4680 ..........-.......... EG Phase2 4679 WS Phase2 4678 Crit Phase2 c 4677 Ground w 4676 Bank Sta ---------------------------- 4675 4674 4673 0 20 40 60 80 160 Station(ft) Phase Two Spring Ditch River=Spring Ditch Reach=Phase Two RS=60 035 .035 .035 4674.4 Legend 4674.2 --- - EG Phase2 4674.0 WS Phase2 4673.8 + S Crit Phase2 0 4673.6 -- —------ ---- --- —__ -— - - �— - Ground m 4673.4 ` Bank Sta w 4673.2 4673.0 4672.8 4672.E 0 20 40 60 80 160 Station(ft) Phase Two Spring Ditch River=Spring Ditch Reach=Phase Two RS=40 fE 035 =T 035 .035 4673 Legend -----------•------- 4672 EG Phase2 WS Phase2 S 4671 Crit Phase2 o ' Ground > • a4670 .......... ............................................................. Bank Sta w 4669 . 4668 0 20 40 60 80 100 Station(ft) Phase Two Spring Ditch • River=Spring Ditch Reach=Phase Two RS=30 �--.035—�� .035 .035 4673 Legend 4672 EG Phase2 WS Phase2 ., 4671 —�— Ground o • 4670 Bank Sta m w 4669 X 4668 4667 20 40 60 80 100 Station(ft) Phase Two Spring Ditch River=Spring Ditch Reach=Phase Two RS=20 IE 035 '�—.035�� .035 4672 Legend 4671 EG Phase2 WS Phase2 4670 Crit Phase2 o — 4669 Ground > • °' Bank Sta w 4668 4667 4666 0 20 40 60 80 100 Station(ft) Phase Two Spring Ditch River=Spring Ditch Reach=Phase Two RS=10 035 '� .035 .035 4669.5 Legend 4669.0 EG Phase2 4668.5 WS Phase2 4668.0 Crit Phase2 m 4667.5 Ground > ------------------------------------------ • w 4667.0 Bank Sta 4666.5 + 4666.0 4665.5 0 20 40 60 80 100 �. Station(ft) Phase Two Spring Ditch Plan:spring2 6/21/2004 4690 Spring Ditch Phase Two Legend EG Phase2 WS Phase2 / Crit Phase2 Ground 4685 / • / / 4680 r / cc c / o / w 4675 / / / 4670 / i 4665 0 500 1000 1500 2000 Main Channel Distance(ft) HEC-RAS Plan:spring2 River.Spring Ditch Reach:Phase Two Profile:Phase2 Ria&i RiGir.Sta .':Profile:'• !.atotal,'j �MiriChEI.' SW.S.Elex :-.CdtW.S;' .'E.G.EIev "E,G.Slope ' vel:CHnl; :-:Floiv'Area,;:. ;Top.:WidM-- ':Fronde#CHI . ... _ .. ... - .. '(fUH) (Ws).• �'.`'..(Sq flj!`..: .`: Phase Two 200 Phase2;,• •' 51.00 4684.701 4686.86 4686.24 4687.03 0.004617 3.31 15.41 11.59 0.51 Ph6s'e`Twv' 190. Pha'se2'.' 51.00 4684.30 46a5.79 4685.74 4686.20 0.017544 5.14 9.91 10.83 0.95 P„hase,Tv+o 180 ::.'P.Ha3e2, ':, 51.00 4682.80 4684.72 4684.98 0.008430 4.08 12.49 10.88 0.67 Fhase`Tw6. 170 i:':Phase2. 51.00 4681.70 4683.60 4683.96 0.012301 4.81 10.61 9.47 0.80 Pali se'Tivo 160 :: P.hase2:: . : 51.00 4680.50 4682.35 4682.17 4682.72 0.012527 4.85 10.51 9.37 0.81 ase:Two: .150' -`'� Phase2 ..: 1 51.00 4679.50 4680.96 4680.86 4681.34 0.015100 4.97 10.27 10.461 0.88 Ptia'se.Two`- 140 � ';'..Phase2;..'•: 51.00 4678.00 4680.16 4680.38 0.006113 3.72 13.73 10.45 0.57 Pliese Two.':..:130 P.6ese2 51.00 4677.60 4679.32 4679.07 4679.60 0.0o9a38 4.27 11.94 10.97 0.72 Phase Two 140 .:.Phase2 51.00 4576.50 4677.80 4677.80 4678.23 0.019954 5.29 9.64 11.17 1.00 Ph seTvrro ' 110 Phase2': 51.00 4675.40 4676.80 4676.41 4676.90 0.004630 2.60 19.64 22.79 0.49 F.hase'Two. 100 PHase2 ...;:: 51.00 4674.50 4675.75 4675.67 4676.09 0.015856 4.73 10.79 12.53 0.90 PhaseiTwo...>.90.:. Phase2''.'.. 51.00 4673.70 4675.56 4675.62 0.001718 2.04 25.00 20.92 0.32 Phase Two:'. 80`. �' .:�';:' Phase2 51.00 4673.70 4675.19 4674.75 4675.34 0.005003 3.08 16.56 15.38 0.52 PliaseTwa 60 :.'.Phase2*- 51.00 4672.70 4673.39 4673.39 4673.60 0.018462 3.84 14.81 37.301 0.92 Phase'Two 40 �", � ��Phase2: 51.00 4668.60 4669.75 4669.55 4669.87 0.008537 2.80 18.26 32.30 0.63 Phase:Tw'o `30 .: Pliese2 51.001 4667.50 4661.15 4669.03 0.008274 3.38 15.10 18.21 0.65 Phase:Two 20.': P.Has'e2 51.1 4666.90 4668.13 4667.82 4668.28 0.006652 3.13 16.29 18.67 0.59 Plia's'e Tv+o 10 Phase2: 51.001 4665.801 4666.85 4666.85 4667.16 0.022128 4.47 11.41 18.91 1.01 C • SPRING2. rep. HEC-RAS Version 3.1.1 May 2003 U.S. Army Corp of Engineers Hydrologic Engineering Center 609 second Street, Suite D Davis, California 95616-4687 (916) 756-1104 X X XXXXXX XXXX XXXX XX XXXX X X X X X X X X X X X X X X X X X X X XXXXXXX XXXX X XXX XXXX XXXXXX XXXX X X X X X X X X X X X X X X X X X X X X X XXXXXX Xxxx X X X X XX1Xx PROJECT DATA Project Title: Phase Two spring Ditch Project File : SPRING2.prj Run Date and Time: 6/21/2004 10:01:06 AM Project in English units PLAN DATA • Plan Title: spring2 Plan File f:\SITEDEV\BAXTER2\BAXTER2-PROJ\dwg\DESIGN\SPRING2.p01 Geometry Title: spring2 Geometry File f:\SITEDEV\BAXTER2\BAXTER2-PROJ\dwg\DESIGN\SPRING2.g01 Flow Title spring2 Flow File f:\SITEDEV\BAXTER2\BAXTER2-PROJ\dwg\DESIGN\SPRING2.f01 Plan Summary Information: <. Number of: Cross Sections = 18 "t Mulitple Openings = 0 . Culverts = 0 Inline structures = 0 Bridges = 0 j�,kLateral Structures = 0 Computational Information water surface calculation tolerance = 0.01 Critical depth calculaton tolerance = 0.01 Maximum number of interations = 20 Maximum difference tolerance = 0.3 Flow tolerance factor = 0.001 Computation options Critical depth computed only where necessary conveyance Calculation Method: At breaks in n values only Friction slope Method: Average Conveyance Computational Flow Regime: Mixed Flow • FLOW DATA Page 1 SPRING2.rep Flow Title: spring2 Flow File : f:\SITEDEV\BAXTER2\BAXTER2-PR03\dwg\DESIGN\SPRING2.f01 Flow Data (cfs) River Reach RS Phase2 Spring Ditch Phase Two 200 51 Boundary Conditions River Reach Profile Upstream Downstream Spring Ditch Phase Two Phase2 Critical Critical GEOMETRY DATA Geometry Title: spring2 Geometry File : f:\SITEDEV\BAXTER2\BAXTER2-PR03\dwg\DESIGN\SPRING2.g01 CROSS SECTION C RIVER: Spring Ditch • REACH: Phase Two RS: 200 INPUT Description: Station Elevation Data num= 7 Sta Elev Sta Elev sta Elev Sta Elev Sta Elev 0 4689.8 39.8 4689 48. 5 4685 50.1 4684.7 52.8 .4685 ,• 59.8 4689 100 4689.2 Manning's n Values num= 3 Sta n val Sta n Val Sta n Val 0 .035 39.8 .035 59.8 .035 Bank Sta: Left Right Lengths: Left channel Right coeff contr. Expan. 39.8 59.8 100 100 100 .1 .3 CROSS SECTION RIVER: Spring Ditch REACH: Phase Two RS: 190 INPUT Description: Station Elevation Data num= 9 Sta Elev Sta Elev Sta Elev Sta Elev Sta Elev 0 4689.2 27.2 4689 40.6 4688 47.8 4685 51.8 4684.3 55.4 4685 60.5 4688 86.6 4688 100 4686.4 Manning's n values num= 3 • Sta n Val Sta n Val Sta n Val Page 2 • SPRING2.rep 0 .035 40.6 .035 60.5 .035 ` 1 Bank Sta: Left. f Right Lengths: Left Channel Right Coeff Contr. Expan. 40.6 1- 60.5 100 100 100 .1 .3 CROSS SECTION RIVER: Spring Ditch REACH: Phase Two RS: 180 INPUT Description: Station Elevation Data num= 9 Sta Elev Sta Elev Sta Elev Sta Elev Sta Elev 0 4687.4 20.5 4688 40.1 4688 46.1 4684 50.8 4682.8 52.4 4683 62.6 4688 79.3 4688 100 4686.5 manning's n values num= 3 Sta n Val Sta n Val Sta n Val 0 .035 40.1 .035 62.6 .035 Bank sta: Left Right Lengths: Left channel Right Coeff contr. Expan. 40.1 62.6 100 100 100 .1 .3 CROSS SECTION RIVER: Spring Ditch REACH: Phase Two RS: 170 4 ♦ '. .INPUT Description: Station Elevation Data num= 10 Sta Elev Sta Elev Sta Elev Sta Elev Sta Elev 0 4686.7 12.4 4687 23.2 4688 32.8 4688 38.8 4687 48.5 4682 50 4681.7 51.7 4682 61.6 4687 100 . 4686. 5 Manning's n values -,num= 3 Sta n Val . , Sta • n Val Sta n Val 0 - .035 38.8 .035 61.6 .035 Bank Sta: Left. ' Right Lengths: Left channel Right Coeff contr. Expan. 38.8� 61.6 100 100 100 .1 .3 CROSS SECTION RIVER: Spring Ditch REACH: Phase Two RS: 160 INPUT Description: Station Elevation Data num= 10 Sta Elev Sta Elev Sta Elev Sta Elev Sta Elev 0 4686.2 23 4687 38 4687 47.2 4681 49.4 4680.5 51.7 4681 62 4686 66.6 4686.4 71.7 4686 100 4685. 5 Manning's n values num= 3 Sta n Val Sta n Val Sta n Val • 0 .035 38 .035 62 .035 Bank Sta: Left Right Lengths: Left channel Right Coeff contr. Expan. Page 3 • SPRING2. • 38 62 100 10000 100 .1 .3 CROSS SECTION RIVER: Spring Ditch REACH: Phase Two RS: 150 INPUT Description: Station Elevation Data num= 8 Sta Elev Sta Elev Sta' _ Elev Sta Elev Sta Elev 0 4685.3 19 4686 37.8 4686 47.4 4680 51 4679. 5 54.6 4680 61.8 4684 100 4685 manning's n values num= 3 Sta n Val Sta n Val Sta n Val 0 .035 37.8 .035 61.8 .035 Bank sta: Left Right Lengths: Left channel Right Coeff Contr. Expan. 37.8 61.8 100 100 100 .1 .3 CROSS SECTION RIVER: Spring Ditch REACH: Phase Two RS: 140 INPUT Description: Station Elevation Data num= 7 • Sta Elev Sta Elev Sta Elev Sta Elev Sta Elev 0 4684 37. 5 4684 46.4 4679 48.8 4678.5 52 4678 61 4685 100 .4685 Manning's n values num= 3 Sta n Val Sta n Val Sta n Val 0 .035 37. 5 .035 61 .035 Bank sta: Left Right Lengths: Left Channel Right Coeff Contr. Expan. 37.5 61 100 100 100 .1 .3 CROSS SECTION RIVER: Spring Ditch REACH: Phase Two RS: 130 INPUT Description: � Station Elevation Data num= 8 Sta Elev Sta Elev Sta Elev Sta Elev Sta Elev 0 4682.5 42.4 4682 48 4679 52.6 4677.E 56. 5 4678 65 4684 76.5 4685 100 4685.5 Manning's n values num= ' 3 Sta n Val Sta n Val Sta n Val 0 .035 42.4 .035 65 .035 Bank Sta: Left Right Lengths: Left Channel Right Coeff Contr. Expan. 42.4 65 100 100 100 .1 .3 CROSS SECTION • Page 4 • SPRING2.rep RIVER: Spring Ditch REACH: Phase Two RS: 120 INPUT Description: station Elevation Data num= 8 , Sta Elev Sta Elev Sta Elev Sta Elev Sta Elev 0 4681.7 38 4681 48 4677 52.3 4676.5 56 4677 64.9 4683 68 4684 100 4681.5 , Manning's n values num= 3 Sta n Val Sta n Val Sta n Val 0 .035 38 .035 64.9 .035 Bank sta: Left Right Lengths: Left Channel Right Coeff Contr. Expan. 38 64.9 100 100 100 .1 .3 CROSS SECTION RIVER: Spring Ditch REACH: Phase Two RS: 110 INPUT Description: s Station Elevation Data num= 7 Sta Elev Sta Elev Sta Elev Sta Elev Sta Elev' 0 4681.2 33.8 4680 44.8 4676 . 51.1 4675.4 59.9 . . 4676 87.5 4680 100 4679.5 Manning's n values s -num= 3 Sta n Val Sta n Val Sta n Val 0 .035 33.8 • .035 87.5 .035 Bank Sta: Left- Right Lengths: Left Channel Right Coeff Contr. . Expan. 33.8 87.5 100 100 100 .1 .3 CROSS SECTION RIVER: Spring Ditch REACH: Phase Two RS: 100 INPUT Description: Station Elevation Data num= 10 Sta Elev Sta Elev Sta Elev Sta Elev Sta Elev 0 4679.7 35 4680.2 39. 5 4680 49.5 4675 55.1 4674.5 59.3 4675 67.6 4680 71.7 4680.3 83.3 4677 100 4676.8 Manning's n values num= 3 Sta n Val Sta n Val Sta n Val 0 .035 39.5 .035 67.6 .035 Bank Sta: Left Right Lengths: Left channel Right Coeff Contr. Expan. 39.5 67.6 100 100 100 .1 .3 CROSS SECTION • RIVER: Spring Ditch Page 5 SPRING2. rep REACH: Phase Two RS: 90 • INPUT Description: Station Elevation Data num= 11 Sta Elev Sta Elev Sta Elev Sta Elev Sta Elev 0 4678.6 39 4678 44.8 4675 48.5 4674 53.7 4673.7 57.7 4674 62.3 4675 68.1 4679 72.4 4679.8 85.9 4676 100 4675.5 manning's n values num= 3 Sta n Val Sta n Val Sta n Val 0 .035 39 .035 68.1 .035 Bank Sta: Left Right Lengths: Left Channel Right coeff Contr. Expan. 39 68.1 100 100 100 .1 .3 CROSS SECTION RIVER: Spring Ditch REACH: Phase Two RS: 80 INPUT Description: Station Elevation Data num= 14 Sta Elev Sta Elev Sta Elev Sta Elev Sta Elev 0 4678.7 39.3 4678 41.1 4677 42.7 4676 44.8 4675 48.2 4674 54 4673.7 58 4674 59.5 4675 61 4676 67.8 4680 72.7 4680.3 87.8 4676 100 4675.3 manning's n values num= 3 • Sta n Val Sta n Val Sta n Val 0 .035 39.3 .035 67.8 .035 Bank sta: Left Right Lengths: Left channel Right coeff Contr. Expan. 39.3 67.8 200 200 200 .1 .3 CROSS SECTION RIVER: Spring Ditch -REACH: Phase Two RS: 60 -INPUT ;'�Descri pti on: Station Elevation Data num= 6 Sta Elev Sta Elev Sta Elev Sta Elev Sta Elev 0 4674.3 38.4 4674 40.4 4673. 50.8 4672.7 61.9 , ' 4673 ' 100 4674 ' manning's n values num= 3 Sta n Val Sta n Val Sta n Val 0 .035 40.4 .035 61.9 .035 Bank sta: Left Right Lengths: Left channel Right coeff Contr. Expan. 40.4 61.9 200 200 200 .1 .3 CROSS SECTION RIVER: Spring Ditch • f REACH: Phase Two RS: 40 Page 6 • SPRING2.rep i INPUT Description: a _ Station Elevation Data num= 11 Sta Elev Sta Elev Sta Elev Sta Elev Sta Elev 0 4669.7 13 4670 20.8 4670.2 28.8 4670 42.9 4669 49.6 4668.6 54.9 4669 64.9 4670 70.6 . 4671 75.7 4672 100 4672.7 �� Manning's n values num= 3 Sta n Val Sta n Val Sta n Val 0 .035 28.8 .035 64.9 .035 Bank Sta: Left Right Lengths: Left Channel Right Coeff Contr. Expan. 28.8 64.9 100 100 100 .1 .3 CROSS SECTION RIVER: Spring Ditch REACH: Phase Two RS: 30 INPUT Description: Station Elevation Data num= 11 Sta Elev Sta Elev Sta Elev Sta Elev Sta Elev 24.4 4669 34.3 4669.3 42.8 4669 47.1 4668 50.7 4667. 5 58 4668 62.3 4669 65.8 4670 70.7 4671 80.7 4672 100 4672.3 manning's n values num= 3 Sta n Val Sta n Val Sta n Val 24.4 .035 42.8 .035 62:3 .035 Bank Sta: Left Right Lengths: Left Channel Right Coeff Contr. Expan. 42.8 62.3 100 100 100 .1 .3 CROSS SECTION RIVER: Spring Ditch REACH: Phase Two RS: 20 INPUT Description: station Elevation Data num= 12 Sta Elev Sta Elev Sta Elev Sta Elev Sta Elev 0 4669.1 18.3 4669.3 37 4669 42.1 4668 47.9 4667 51.1 4666.8 56.5 4667 59.7 4668 62.9 4669 65.7' 4670 86.4 4671 100 4671.7 Manning's n values num= 3 Sta n Val Sta n Val Sta n Val 0 .035 37 .035 62.9 .035 Bank Sta: Left Right Lengths: Left channel Right Coeff Contr. Expan. 37 62.9 100 100 100 .1 .3 CROSS SECTION • RIVER: Spring Ditch REACH: Phase Two RS: 10 Page 7 INPUT SPRING2.rep • Description: station Elevation Data num= 12 Sta Elev Sta Elev Sta Elev Sta Elev Sta Elev 0 4667.3 22 4668 35.8 4668.25 48.4 4668 50.9 4667 52.8 4666 55 4665.8 59.2 4666 72 4667 83.8 4668 95.1 4669 100 4669.2 Manning's n values num= 3 Sta n Val sta n Val sta n Val 0 .035 ' 48.4 .035 83.8 .035 Bank Sta: Left Right Lengths: Left channel Right Coeff Contr. Expan. 48.4 83.8 0 0 0 .1 .3 l • Page 8 Baxter Meadows PUD—P•II June 2004 Appendix: Spring Ditch Hydrology Reprinted from: "Storm Water Master Plan and Baxter Meadows Phase I Storm Water Facilities Design Report" Hydrology Design Report Project: 01-246der Meadows Subdivision June 12,2002 Culvert sizing is also verified in our floodplain analysis. Please note that culverts within HEC- • RAS are analyzed in accordance with Federal Highway Administration standard equations (FHWA). Therefore, the results will be slightly different than this methodology, but both methodologies will yield similar results. FLOODPLAIN ANALYSIS METHODOLOGY HEC-RAS, another program developed by the USACE, was chosen to perform the floodplain analyses for this project. In order to obtain data for the analysis, cross sections of the stream were taken at approximately 100 foot intervals along the channel in the area of the analysis. Additional sections were taken at culvert locations. Please note that the floodplain analysis will be somewhat of a living document until all phases of the project are complete. It is not known at this point where all of the roads will be constructed in the future phases. SPRING DITCH The Spring Ditch is classified as a ditch-stream by the City of Bozeman. The spring-ditch was historically sourced by a natural spring approximately 3.5 miles south of the project site and flowed in a natural channel through the project area. The original drainage channel has • undergone significant alterations in recent years. The channel now originates in the southeast corner of the project where it is sourced by two pipes. The first pipe is a ten-inch diameter CMP pipe that appears to be a french drain. The second pipe is a 14-inch PVC culvert that is oriented to the south and daylights in a low area on the south side of the subdivision boundary. The purpose of the culvert is to drain this low area that is now bound by a mound of fill that was placed when a sewer line in this area was constructed. Together, we estimate that both pipes have a capacity of approximately 10 cfs. In the future, a portion of the Baxter-Border Ditch will also be reconfigured so that it can discharge approximately 10 cfs into the Spring Ditch. We therefore estimate the baseflow within the spring ditch to be (10 + 10) 20 cfs. Perhaps the most significant modifications to the drainage are a result of the construction of the Farmers Canal and the Section-Line Ditch. The Farmers Canal crosses the original channel and intercepts the upper portion of the natural drainage basin and all of the spring flow. The Section- Line Ditch also intercepts a portion of the runoff that once contributed flow into the natural drainage. Hydrologic Analysis. The spring ditch has a natural contributing drainage area of approximately 163 acres (see Figure 2). The channel flow time in the spring ditch drainage was estimated using an assumed average velocity in the channel of 6 feet/sec over a distance of approximately 2600 feet, resulting in a time of about 7 minutes. The overland flow travel time was estimated using the SCS method, assuming an average slope of 1.4%percent, a curve number of 74, an overland travel distance of • Allied Engineering Services, Inc. Page 5 Hydrology Design Report • Project: 01-2Wer Meadows Subdivision June 12,2002 1800 feet, which resulted in a time of 51 minutes. The total time of concentration is estimated to be 58 (51 + 7) minutes. Based on these parameters, we estimate the 100-year runoff event on the Spring Ditch to be 31 cfs. The total flow that will be used for the floodplain study will also include the base flow contribution of 20 cfs, for a total of(31+20) 51 cfs. A HEC-HMS summary table is provided in Appendix A. Culvert Hydraulics. We recommend that all culverts in the spring ditch be 3.67-inch diameter. At the maximum headwater depth of 4.5 feet, we estimate the culverts have a capacity of 69 cfs, which exceeds the estimated 100-year event (51 cfs). The culverts will be entrance controlled (Case V) as shown in our calculations in Appendix B. Floodplain Analysis. A HEC-RAS floodplain analysis was performed on a 1260 foot reach of the Spring Ditch adjacent to Phase I, beginning approximately 140 feet downstream of the centerline intersection of Equestrian Lane, and ending approximately 300 feet upstream of the centerline intersection of Baxter Lane. This section was modeled since it is assumed that this reach of the Spring-Ditch would most likely impact Phase I. In addition, the future phases of the development will likely alter the configuration of the existing channel, however, the extent of the modifications to the channel resulting from future development is not yet.known. ( Assumptions for the analysis include the following: • 1) A portion of the Spring-Ditch south of Baxter Lane will be realigned. The typical section of the realigned channel will have a bottom width of approximately 4 feet and side slopes of approximately 2H:IV. 2) Mannings `n' = 0.035. This value was selected because we anticipate that the vegetation within the channel and surrounding areas could be fairly dense in the final state. 3) Q100 = 51 cfs. For the purpose of this analysis, this flow rate was assumed for the entire reach of the stream. In reality, the flows would likely range significantly from around 10 cfs on the southern part of the channel up to 51 cfs at the north end of the subdivision. The flooding area is shown in Figure 3, and HEC-RAS generated water surface profiles are provided in Appendix C. The floodplain analysis for the Spring Ditch indicates a minimal impact to the subdivision lots as shown in Figure 3. Please note that a small 24" CMP culvert exists approximately 500 feet downstream of Equestrian Lane on the Spring Ditch that appears to be unnecessary for the final buildout of the subdivision. We recommend that this culvert be removed prior to development in this area and the natural stream channel restored to eliminate the possible impact of this culvert on the adjacent areas in a peak event. Allied Engineering services,Inc. Page 7 Afisk A7 ....... DEAD MANS GULCH../.'.1 ........... ............! j ............ /i __=_......_--. \ .... ...... ...... ., EXTERIOR SUBDIVISION BOUNOARYA. .......... WA-MRAL.SPRIf�G ....... .. .... ......,z ..j 14670.11-' .............- 4 7'.07,.' ........... P �T�IN I- TO C PROPOSED 48" RCP % -.I I. . . ./ -PLACE FILL 0 THROUGH FUTURE RIATA ROAD EXPANSION-- PONDING WATER Ul`�,IKEAM'­ j _.pF CULVERT ..... .VN� 4675.75 75 z 1:0 % v > 4 .45 76 z 10.`1 �';1,1 .1 1"\...%I..... _ _ _, 0 1 �4678.9.: 0 ,�' _ CULVERT IS 4679-91 EXi�iIN'G 42 UNDERSIZED CULVERT SHOULD'* p '4684.22" BE REMOVED OR UPGRADED 0 ............. TO 48" RCP ------ �46 .. .... 6B6.18 f /APPROXIMATE VERT PHASE I BOUNDARY.-. PROPOSED 36' RCP CUL THROUGH EQUESTRIAN 468425 bi LANE 4687. E 46B4.39 IAN LAN --'PROPOSE D 48" RCP ,468a!t5q.CULVERT THROUGH FUTURE RIATA ROAD EXPANSION 68B.7 J 2 4 '\46,• //' /-'' ...-.-- ---- ,' 89. ...... 14688 y 6s;B.Bi V4 685 46924 !- i ti....; / ...`-`` `t i',y1S$9.34 ,l•.,,` `•�''/._ _1+t /._ z 1 '469 % 4 Q PROPOSED 36- RCP CULVERT z THROUGH BAXTER LANE R LANE U 72t I\3 in CAUSES OVERTOPPING OF BARTER LANE DURING THE 100—YEAR EVENT ,d ui ,o ABANDON EXISTING SPRING DITCH UPSTREAM--CULVERT SHOULD BE UPGRADED < � � 4?, BETWEEN THESE LOCATIONS TO 48" RCP TO ELIMINATE OVERTOPPING 69 77 r77), LEGEND PROPOSED RELOCATION 6F lot' * I T SPRING DITCH SUBDIVISION EXTERIOR BOUNDARY PHASE BOUNDARY ''.:,RIGHT OF WAY A, 0 0 'i�\, \ J I 100-YEAR FLOODING LIMITS 4600.00 WITH SPOT WATER SURFACE ELEVATION STREAM FLOWLINE ............. CULVERT ......... X. i v 5 10.it REVISIONS DRAWN BY DATE 0 100 20D 300 T SHEET FIGURE 3 PROJECT #: 01-241 Civil Engineering 32 DISCOVERY DRIVE DATE: 03/15/02 OF it I I j. BOZEMAN,MT 59718 OVERALL FLOOD SCALE: I INCH 200 FEET Land Surveying ­rRo PHASE I 100-YEAR FLOODPLAIN EXHIBIT PHONE(406)582-0221 OVERALL SHEET 1 OF I ­7 PE ALLIED Geotec-anical Engineering IFAX(4136)582-5770 PROJECT ENGINEER: SRS DRAWN By. 7JPAsp BARTER MEADOWS SUBDIVISION, BOZEMAN,MONTANA ENGINEERING BAXTER MEADOWS DESIGNED BY: TJP REVIEWED BY: PJS FLOODPLAIN � . • � , , 19 I� }li fly M � f t f� i f� +ff �F f S �I • Y' I�{f i } • 0 8 ro ;o {o R�� lr 4{� iS :o o R'•o a ° o (1 y� m LOCK 9 4e- p Roo Roe Rdsae� N mLAS�O AVE. 0 RL° ado B 4C0 u O4io U 4poDO aso �Rt° e ° eL° cn S On /� �,• Y7' '� b' I u• u s e6m a�° eYq a ° y I ae o' R�° o j Fe ' aao �o I • m � � ^F�I��.lIS07�CAVE`�,,.: I -._ --- ---.,.:. I • - = y °a Lo• m• io• io• m• — e0 O .-0O �O 1O R"' a� IL V �. ,7.TT9 x° x° F x° 0Ell z _ nRto g 11 1 M VE. — • ,7' ii' 77 N 1 ) N 7.'L4 M �074 L T II. R' 7 ))fi 71°l7 My (n iF1117 7 T i] • �7 Ji 77-1E ,)-1 I baN 7L0eP LOT 4 C'• ° El JR�o;po dofoYJo'Jo. jRoc'4 8 zj: i GALLATIN GREEN Btl D. O � 0 o aa •r I • T a� ° R� ° a �4E s a�° IU' I� • • �� , IuIVAQUERO PARKWA I `� Rg° t r 4y° R6° Y Y q o m O %jo-� III R8a Rho R�N y Y R�° m m • L Yr (n ( v 1 R�o 1�..�` N NR�� ado e o R8° rco r z 'n� "' m a0 ajo 1 -D ♦ — 07 m AVE. I[]I I��I p = m a o [v D age ° R�� - co1` F V o R:o �0 7: m aum i iti / r• R R"8° Rss� Rdo RJN rnw (�9 R•�o 0° ate° e�� O R a y . 1 1 1 eD o Toe' fom• o R7k�o S fvn•a s vu' 0 'o RPM b t RdN aR� C R$° U Y Roo b R$o ali°07 0o•Rm — Rio (n o- - . C�AS�PIAN A�/E—� L I I IRS I_ �rn�tlDD i > HIM 1 m PRELIMINARY — NOT FOR CONSTRUCTION —� _ p R co PHASE TWO COLLABORATIVE I m s BARTER , MONW3 DESIGN BOZBv1AN MO+•lTATA bP Li m rmn a �aa���� ARCHITECTS f-HAR4 1 I L M �,d ��k 22D0 Oft Mr ROAD. Surre O•r0 BOX no4Q7•YL Lr4om.MT.00100-0407 40e)249-34 0 I•AX(40e)949- Tee . e-MAJL-o *4COmM.wrn!'Er BOZ 0 THE CITY OF BOZEMAN V 9x 20 E. OLIVE • P.O. BOX 1230 * * BOZEMAN, MONTANA 5977 1-1 230 9�l 1883 �Q ENGINEERING DEPARTMENT 9AjN CO.boa PHONE: (406) 582-2280 • FAX: (406) 582-2263 June 16, 2004 Superior Northwest P.O. Box 11.427 Bozeman, MT 59719 Attn: Greg Allen Re: Street Names, Baxter Meadows Phase 2 The street names proposed for Baxter Meadows Phase 2 are approved. A copy of the approved preliminary plan is enclosed for your records. Sincerely, 44- Andy Kerr Engineering Assistant Enc. Cc: Debbie Arkell, Director of Public Service Laura Wilson, GIS/CAD Specialist Lanette Windemaker HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK F 4 Gallatin County Department ®f Geographic Information Systems Official Road Name Designation Date •� Z( D Atlas Page �S • Township Range Section Cross Street(s) �C-IX 0— OffleWRoadNa ,0 �aowCk- �ree ��reel M i OUST V 2 0•. y e)-O T—' TrLcer Try s�-r ee-f , �s�1`a e,: Cc,�� l eve BUORTANT NOTE Gallatin County is in the process.of evaluating existing road names and address numbers throughout the County. There may be re-naming of roads where necessary, and re-addressing non- compliant structures to State of Montana Standards and Enhanced 911 National Emergency Numbering'Association(NENA) guidelines. The major purpose of this change will be to facilitate the easy and rapid location of properties bylaw enforcement, fire protection services; search-and--- rescue and emergency medical services to protect public health and safety of all persons living, working or visiting in Gallatin County. A GALLATIN COUNTY,MONTANA Geographic Information Systems Department 46edAgent 20 • �� ,� i� k -� '� �� `� � �� '' �t :� i ;� � �� �� �� ) Z ¢ 't+^ I' k �: ,� • ,. �f I I II EXHIBIT A WATERLINE AND STORM DRAINAGE EASEMENT ACROSS THE REMAINDER OF TRACT 2A OF CERTIFICATE OF SURVEY NO. 2202A, LOCATED IN THE SOUTHWEST 1/4 OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA EASEMENT AREA = 0.73 ACRES PUBLIC STREET AND UTILITY EASEMENT DOC.# 2103143 TRACT 1A , 45 C.O N0. 2202A S N89'52'08"E 263..67' xi�� dr�li��h' �`NlptfDy` i 41< Iq I Y' �• I�'1' '��I I• 3�s�r-� � 'I A PUBLIC STREET TRACT 2 :, ,'ar tF't.;iI: �t ya' atb,1'c 1 # ,u R >,IE~ Z ! t '' �':,,. ' ° AND UTILITY EASEMENT INDER OF . i�ti'� rda�,a +,I ` EM C.O.S. N0. 2202 �I S89'41'57"W 202.78' J DOC.# 2103143 Lo I, t .....�t'M m Np`p 'q Z h I pw.n i 0 90' 00 wiL E CC) o 0 o 4 � NEW EASEMENT I F TRACT 2 A AREA (SHADED) REMAINDER PUBLIC UTILITY EASEMENT C 0 S NO 2202A cn 77 DOC.# 2103142co In — 0 0 30' S89'41'57"W-/ Q _ — — KIMBERWICKE STREET 60.00' W Q B LOT 1 Z LOT 1 LOT 7 z Q m PRIVATE OPEN SPACE W Q CI BARTER MEADOWS > U D. PHASE BLOCK 9 Q z 3 SUBDIVISION p' � BLOCK 10 0 N v 2 0o J LOT LOT 8 0 LOT 2 SUBDIVISION w W In BAXTER LL XTER PHASES 2C BA & 2D C 03 E a 0 a3 0 0 50' 100' 150' ° IIIIII I I c S C A L E m BEARING BASIS: BAXTER MEADOWS SUBDIVISION, PHASES 2C & 2D u BAXTER MEADOWS SUBDIVISION, PHASES 2C & 2D THOMAS,DEAN &HOSKINS,INC. 0 ENGINEERING CONSULTANTS N BOZEMAN,MONTANA TD� a GREAT FALLS-13OZEMAN—KALISPELL—HELENA MONTANA SPOKANE WASHINGTON LEWISTON IDAHO EXHIBIT A DRAWN BY: EWB DATE: 711310S WATERLINE AND STORM DRAINAGE EASEMENT DESIGNED BY: KEW CADNO. 80.DW SHEET QUALITY CHECK: CAD NO. 516EaseA.DWG EXHIBIT B STORM DRAINAGE EASEMENT ACROSS THE REMAINDER OF TRACT 2A OF CERTIFICATE OF SURVEY NO. 2202A, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA EASEMENT AREA = 0.05 ACRES I I PUBLIC STREET AND UTILITY EASEMENT DOC.# 2103143 45' TRACT to C.O.S. NO. 22p2A I m DER OF TRACT 2A I PUBLIC STREET REMAIN 22p2A AND UTILITY EASEMENT Np C.O.S. I DOC.# 2103143 TRACT zA _ REMAINDER OF o C.O.S. N0. 2202A v 90 N89'41'57"E v, N 35.00' N N00'20'59"E S00'20'59"W 04 KIMBERWICKE STREET 60.00'� f 60.00' ti 3 LOT 1 LOT 7 NEW EASEMENT w W > AREA (SHADED) co Q Q 9 S89'41'57"W cm O BLOCK 10 ZO 35.00' LOT T8 o Q LOT (� o J SUBDIVISION BAXTER MEADOWS 2C & 20 LLLL pHASES m E c 0_ 0 d 0 50' 100' 150' � IIIIII I I S C A L E BEARING BASIS: BAXTER MEADOWS SUBDIVISION, PHASES 2C.& 2D u m BAXTER MEADOWS SUBDIVISION, PHASES 2C & 2D THOMAS,DEAN&HOSKINS,INC. 0o TD& ENGINEERING CONSULTANTS O BOZEMAN,MONTANA 8 GREAT FALLS—BOZEMAN—KALISPELL—HELENA MONTANA N SPOKANE WASHINGTON L.; -..... ! LEWISTON IDAHO EXHIBIT B DRAWN BY: EWB DATE: Ilislo5 DESIGNED STORM DRAINAGE EASEMENT QUALITY KEW JOB NO. 80.DW SHEET QUALITY CHECK: CAD N0. 516EaseB.OWG EXHIBIT C WATERLINE EASEMENT ACROSS THE REMAINDER OF TRACT 2A OF CERTIFICATE OF SURVEY NO. 2202A, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA EASEMENT AREA = 0.04 ACRES REMAINDER OF TRACT 2A C D 5. No. 2202A NEW EASEMENT AREA (SHADED) N89'41'S7"E � � �4 N00'18'03"W ",.6:p.,b(� ,.,�� ,' S00'18'03"E 30.00'�� 4A, + � f 30.00' Ihl •; 4La5k�� ?i�G t!i1 m - w 60.00, c GALLOWAY STREET 0 a LD W v Z N W o LOT 11 Q LOT 1 LOT 2 O 3 'q 12 J BLOCK 13 BLOCK m �_ LOT 12 ivislDN ALLEY 9 MEADOWS SUED BARTER PHASES 2C & 2D N LOT 17 LOT 18 0 Leo LOT 13 BLOCK 13 ul c 0 E a 0 a� Q) 0 25' 50' 75' 0 11II11 1 1 c S C A L E m BEARING BASIS: BAXTER MEADOWS SUBDIVISION, PHASES 2C & 20 J Lo m BAXTER MEADOWS SUBDIVISION PHASES 2C &2D THOMAS,DEAN &HOSKINS,INC. TD& ENGINEERING CONSULTANTS N BOZEMAN,MONTANA E GREAT FALLS-BOZEMAN-KALISPELL-HELENA MONTANA SPOKANE WASHINGTON LEWISTON IDAHO EXHIBIT C DRAWN BY: EWS DATE: 7115105 WATERLINE EASEMENT DESIGNED BY: KEW JOB NO. BOS-016 SHEET QUALITY CHECK: CADNO. S16E—C.DWG EXHIBIT D WATERLINE AND STORM DRAINAGE EASEMENT ACROSS THE REMAINDER OF TRACT 2A OF CERTIFICATE OF SURVEY NO. 2202A, LOCATED IN THE SOUTHEAST 1/4 • OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA EASEMENT AREA = 0.51 ACRES N I S89'24'01"E 61.52' `F yv\\\\\\',r _-,f�, ' 06'p4 f SO1'19'34"E .lj 5' /y„.�„ �31.94' TRACT 2A 00 EMA ;t. R INDER OF Sf� a" :., S87'34'12"W 2�02A dr'r.'.1'r �'r+:i` h`b 25.81' 0 50' 100' 150' C.O S' Np. y,SF' ti;� ;" cps t l l l l I I I I z SCALE +1 Sir. (o BEARING BASIS: BAXTER MEADOWS SUBDIVISION, t PHASES 2C & 2D h) A) .1 ' 30' I �A° REMAINDER F TRACT 2A _ _N89'41'5�7"E 176.21 7,47�7, f �}:'r �� PARK S NO' 2202A w PUBLIC S89'41'57"W 185.17' STREET AND UTILITY EASEMENT " NEW EASEMENT DOC.# 2103145 AREA (SHADED) Lo 00 o N 1 O UBDIVISION 04 N REMAINDER OF TRACT 2A BAXTER MEADOWS S S 20 a.rn o w REM C.O.S. NO. 2202A PHASES w r7 o0 0 N co L N89'41'57"E o o N 18.15'� ( Z o i N00'18'03 W�\\ S89'41'57"W 32.00' 6.60' o, 3 v GALLOWAY STREET s89'41'57"w� m 18.15 Z tn \.SOO'l8 03 E cwo W 32.00' LINEAR PARK ul T 1 Q LO S SUBDIVISION rn L 2 LOT 3 LOT 4 LOT 5 Z Q PARK LOT 1OT F- pHASE BAXTER MEADOWS N J J � J � to Q O LOT 2 & 2D E FBAXTER m PHASES 2C a SUBDIVISION ° MEADOWS > B7 m o BAXTER MEADOWS SUBDIVISION, PHASES 2C &2D THOMAS,DEAN&HOSKINS,INC. O BOZEMAN, T ENGINEERING CONSULTANTS MONTANA TD� e GREAT FALLS—BOZEMAN—KALISPELL—HELENA MONTANA T� SPOKANE WASHINCTON 7 LEWISTON IDAHO EXHIBIT D DRAWN BY: EWB DATE: 7116106 WATERLINE AND STORM DRAINAGE EASEMENT DESIGNED BY: KEW JOB NO. BB.DW SHEET QUALITY CHECK: CAD NO. 616EaseD.DWG I EQUESTRIAN WAY I I_ — — — — — — — — — — — — — — — — — - I I W OURSOE - TBACK — — — — — — — — — — — — — — — — — — - - II 35.0" - T RCOUR E I �_ S TBACK I _ 3 IIN906'00"W a go mv, - - — — — — — — w ( : L Vt— — — — — — — — — ^ M;1 . 1b { � II N9Q ,OE - TRAKKEh 5 .1 TRA / L STREET POIN I — — — — — — — — — — — — — — - 4 _ T OF 1052.2� I BEGITING N1�2619 I I I II II I - SOUTH 1/4 CORNER SECTION 34 FND 5/e' REBAR, MANHOLE RIM EXHIBIT A STORM WATER DETENTION BASIN EASEMENT BEING ON A PORTION OF TRACT 4 OF CERTIFICATE OF SURVEY 50 0 50 NO. 2202A, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA. (SCALE IN FEET) SHEET TITLE PROJECT TITLE ''��� • DETENTION BASIN #1 BAXTER MEADOWS EXHIBIT EASEMENT SUBDIVISION DATE: JUNE 2004 PHASE 11 BM04pondt.dwg • Legal Description—Detention Basin#1 Easement Associated with Baxter Meadows Subdivision, Phase II, In the City of Bozeman, Montana See attached Exhibit A Situated in the Southeast '/4 of Section 34, Township 1 South, Range 5 East, Principal Meridian, Montana, Gallatin County, Montana, and being more particularly described as follows: Commencing at the South '/4 corner of Section 34; thence North 71'26'19" East, 1052.22 feet to the Point of Beginning; thence North 00'16'29" West, 125.75 feet; thence North 90°00'00" West, 54.90 feet; thence South 01'01'33"East, 90.03 feet; thence South 01°10'04"East, 3 5.75 feet; thence North 90°00'00" East, 53.16 feet to the Point of Beginning; containing 0.156 acre of land. • � I I r i I i I I I II ALLEY A II S8851 57 W11. • % a,. oJy ye ,./X O r-.�fL` i �vZ',.��Md i/ I lu I Oy'S{,{ Ly�a j y. is j� \y ��r,t Z` t.'j►.i.. 2 I I—__.—....._.._ 2 fsro: Lai qN ra co \ I ' cdII POINT OF I L — BEGINNING i N\V- / 1544 g3 � I SOUTH 1/4 CORNIER SECTION 34 _ _ TRA_KKER TRAIL STREET _ FND %" REBAR, MANHOLE RIM I I I 1 14 1 1 1 1 1 EXHIBIT A STORM WATER DETENTION BASIN EASEMENT BEING ON A PORTION OF TRACT 4 OF CERTIFICATE OF SURVEY 30 0 3C NO. 2202A, LOCATED IN THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA. (SCALE IN FEET) SHEET TITLE PROJECT TITLE DETENTION BASIN #2 BAXTER MEADOWS EXHIBIT• EASEMENT SUBDIVISION PHASE 11 DATE: JUNE 2004 + BM04pond2.dwg • Legal Description—Detention Basin#2 Easement Associated with Baxter Meadows Subdivision, Phase If, In the City of Bozeman, Montana See attached Exhibit A Situated in the Southeast '/4 of Section 34, Township 1 South, Range 5 East, Principal Meridian, Montana, Gallatin County, Montana, and being more particularly described as follows: Commencing at the South '/4 corner of Section 34; thence North 75°3 5'11"East, 1544.93 feet; thence North 60°33'54"East, 52.75 feet to the Point of Beginning ; thence South 63°49'48" East, 25.32 feet; thence North 62°37'57" East, 18.71 feet; thence North 07°43'32"East, 18.83 feet; thence North 19°05'39" West, 57.76 feet; thence North 54°25'57" West, 43.98 feet; thence South 89°41'57" West, 11.85 feet; thence South 29°10'07" West, 31.36 feet; thence South 00°00'00" West, 18.86 feet; Sthence South 56°40'54" East, 23.63 feet; thence South 28°38'21" East, 42.11 feet to the Point of Beginning; containing 0.119 acre of land. • i t • 21 �} • ��. '" • I� �� �� � �` c R ri �►. f' �r � � • S 1, ��f ��I � � `X �. iRl x� n i i J 1 � .1 i �� 1 'tl f+i ;�� '� �� q1 �� � ' �.t • •� '� •yi. 1, �� -� ` . 4 May-20-2004 12:17pm From-ROBERT PO AND ASSOC +4064475036 T-708 P.001/002 F-929 To From �E}ttr TUF-1-•1 I �.� co.oep:. co. (�PA ♦'hnne n Phone 11 1- 000 Montana Department Fax� `135- 0 y3 `i 1V�( V 1:21 �tR0NMJl N�l AL `z u.l.Cb.iUL A IL Juay m=4Governor P.O_ tiva 200901 Heleatlp., MT 59630-0901 (406) 444-2544 www.deq.Rtato.mt.us April 30, 2004. RECEIVED 1.'., 7004 Phil Porrini,P.E. Robert Peccia and Associates, Inc. Ptk'`',H P. O. Box 3653 & ASSOCIATES Helena,tilontana 59604 Re: EQ=04-2363, City of Bozeman,Baxter Meadows Subdivision, Phase 2—Water and Sewer Main Extensions Dear Mr.Pomni: The plans and specifications for the above referenced project have been reviewed with reference to the Department desigt standards DEQ-I and DEQ-2 by the Permitting and Compliance Division of the NIT Department of Environmental Quality and found to be satisfactory. Project plans, design report and specifications were submitted along with Certified Water & Sewer Main Cheeldists on March 22,2004, under the stamp and seal of Philip J. Porrini, P-E. 94371E. Approval of the plans and specifications for the water and sewer improvements is hereby given. One set of plans and specificarions bearing the approval stamp of the Department of Environmental Quality is enclosed for your files. The project consists of a sewer main extension with approximately 7,235 lineal feet of 8"diameter SDR 35 PVC sewer pipe, a water main extension of about 9,538 feet of 8" class 51 ductile iron pipe, approximately 42 feet of 6" diameter class 51 ductile iron pipe, fifteen fire hydrants, twelve blow-off hydrants and other appurtenances. Approval is also given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. Within 90 days after the project has been completed, an engineer registered in the State of Montana shall certify to the Department that the project was inspected and found to be installed in accordance with the plans and specifications approved by the Department. This certification shall be accompanied by a set of "as-built"record drawings signed by the project engineer. It is also understood that construction will be.completed within three years of this date. If more than three years pass before construction is complete, plans and specifications must be resubmitted and approved before consmnction may continue. A storm water discharge permit may be required for this project. The applicant is encouraged to contact the Department of Environmental Quality, Water Protection Bureau, at 444-3080 for more information. Ccninliud�rnices Viruivn . F.alUrccmenl Ditisivn - 1'ermi11ing&Cvm1)hjoec Divuion ttemediation Divi ion May-20-2004 12:17pm From ROBERT PECC•D ASSOC +4064475036 T-708 P-002/O02 F-929 { if you should have any questions or need other information, please contact me in the Helena office • at(406)44 -5313. Sincerely, Sam J. Martinez Environmental Engineer Specialist DEQ,Public Water and Subdivisions Bureau Public Water Supply Section (406)444-5313; samrn@state.mt.us Enclosures: Plans and specifications-stamped by UEQ cc: Tim Roark,City County Health Department,311 West Main.Room 206,Bozeman,MT 59715 File EQ 04-236- File FWSM MT0000161 SA EXOSS9A06 2) A,>f 1 Aa • • { �22 • az -- PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE Policy No. 7208926- 19 9 19 DATED: August 12, 2005 ORDER NO. : 1-81387 TO: Thomas, Dean & Hoskins, Inc. ATTN: Keith Waring 215 West Mendenhall, Suite C-1 Bozeman, MT 59715 CHICAGO TITLE INSURANCE COMPANY To the County of Gallatin and the City of Bozeman in Montana CHICAGO TITLE INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Missouri, with its principal office in the City of Chicago, Illinois, and duly authorized to insure titles in Montana hereby certifies that from its examination of these public records which impart constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of the 9th day of August 1 2005 at 5 o'clock P.M.,the title to the described real estate was indefeasibly vested in fee simple of record in: Baxter Meadows Development, L.P. , who acquired title as W.B.C. , L.P. , a Montana limited partnership subject only to the objections,liens charges,encumbrances and other matters shown under Schedule B hereof. e The maximum liability of the undersigned under this certificate is limited to the sum of$ 200.00 9' This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and for the use of the County and City above named. 9 CHICAGO TITLE INSURANCE COMPANY u BY ro" ATTEST President Aut ed Sig ato %� Secretary - Reorder Form No. 9113 (Reprinted 12/00) Preliminary Subdivision Certificate of Title For Use In Montana • Schedule A Page 2 Certificate No.: 7208926-1998 Order No.: 1-81387 Being the legal description of the real estate covered by this certificate. The following described parcel of real estate: Two parcels of land, said parcel being portions of Tract 2A of Certificate of Survey No. 2202A, said parcels being located in the Southeast Quarter and in the Southwest Quarter of Section 34, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, and being more particularly described as follows: PHASE 2B: Beginning at the Northwest corner of Linear Park of the Final Plat of Baxter Meadows, Phase IIA, csaid corner being a point on the centerline of an existing irrigation ditch; thence Northerly along the enterline of said ditch, said centerline being approximately dimensioned by the following.8 courses: North 03°57'17"West, a distance of 100.31 feet;North 01°31'51"East, a distance of 80.56 feet; North 27°52'13"East, a distance of 87.85 feet; North 39°29'45" East, a distance of 106.74 feet; North 17°55'37" East, a distance of 51.87 feet;North 01°19'34" West, a distance of 100.29 feet; North 04°31'49"East, a distance of 41.93 feet;North 14°04'05" East, a distance of 108.70 feet; Thence North 89°41'57" East, a distance of 213.08 feet; thence along a non-tangent curve to the right with an arc length of 152.38 feet, a radius of 270.00 feet, a delta angle of 32°20'09", a chord bearing of South 01°46'10"East, and a chord length of 150.36 feet; thence South 14°23'54" West, a distance of 487.11 feet to the Northwest comer.of the right of way at the intersection of Galloway Street and Vaquero Parkway as dedicated in said Phase IIA plat; thence South 14°30'13" West, along the Westerly line of said Vaquero Parkway, a distance of 16.15 feet; thence South 89°47'34" West, along the North line of said Linear Park, a distance of 240.12 feet to the Point of Beginning. Phase 2B contains 3.677 acres, more or less. PHASES 2C & 2D: Beginning at the Northwest corner of Linear Park of the Final Plat of Baxter Meadows, Phase IIA; thence South 05°07'47" East, along the Easterly line of said park, a distance of 455.42 feet to the •(continued) Schedule A Preliminary Subdivision Certificate of Title(Montana) Schedule A Page 3 Certificate No.: 7208926-1998 Order No.: 1-81387 North line of Equestrian Lane as dedicated on the Final Plat of Baxter Meadows Subdivision P.U.D. Phase I; thence South 89°41'57" West, along said North line a distance of 1265.26 feet; thence North 00°17'46" West, along the Easterly line of Private Open Space B of said Phase I plat and along the Northerly extension of said Easterly line, a distance of 1022.00 feet; thence North 89°41'57" East, a distance of 433.30 feet to the East line of a Public Street and Utility Easement for Ferguson Avenue a recorded on Document No. 2103143; thence South 00°20'56" West, along said East line, a distance of 568.04 feet; thence North 89°41'57"East, a distance of 749.63 feet; thence North 89°55'18"East, a distance of 50.35 feet to the Point of Beginning. Phases 2C & 2D, as a single parcel, contains 18.595 acres,more or less. The described parcels are along with and subject to any existing easements. The described parcels will be as shown on a forthcoming final plat. • AMERICAN LAND TITLE COMPANY 1`or4 ' Si ' atu>ie) • Schedule A Preliminary Subdivision Certificate of Title(Montana) Schedule B Page 4 Certificate No.: 7208926-1998 Order No.: 1-813 87 Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, right, title or interest of the record owners, which now do exist of record. 1. Except all minerals in or under said land including, but not limited to, metals, oil, gas, coal, stone and mineral rights, mining rights and easement rights or other matters relating thereto, whether expressed or implied. 2. Easements, covenants, conditions and restrictions, and other servitudes that are not subject to the Montana Subdivision and Platting Act are not shown herein. 3. Taxes for the year 2005 and subsequent years. Taxes for the year 2004 are paid. Taxes for the year 2005 are a lien not yet due or payable. Included within the General Taxes are • Gallatin Conservation District and Planning District. (Parcel No. RFG44601) 4. Special assessments levied by the City of Bozeman for 2004-2005 under No. First Half: District No. 8000 Street Maintenance. District No. 8001 Tree Maintenance. Second Half: District No. 8000 Street Maintenance. District No. 8001 Tree Maintenance. First and Second Half Installments are paid. No liability is assumed for any special assessments, snow removal, sewer assessment or garbage assessment not set forth in the Assessment Books of the City of Bozeman. 5. UCC No. 2071241, filed June 5, 2002 at 3:42 P.M., as Document No. 2071241. Debtor: Baxter Meadows Development, L.P. Secured Party: First Interstate Bank. [Includes this and other property] continued) Schedule B Preliminary Subdivision Certificate of Title(Montana) • Schedule B Page 5 Certificate No.: 7208926-1998 Order No.: 1-81387 6. UCC No. 2190816, filed June 14, 2005 at 10:05 A.M., as Document No. 2190816. Debtor: Baxter Meadows Development, LP. Secured Party: First Interstate Bank. [Includes this and other property] 7. Mortgage from W.B.C., L.P. to First Interstate Bank in the amount of$2,000,000.00, dated July 14, 2000 and recorded July 17, 2000 at 11:11 A.M., as Document No. 2016542. [Includes this and other property] 8. Construction Mortgage from Baxter Meadows Development, L.P., Gerald R. Williams, Catherine A. Williams and C/J Land & Livestock L.P., to First Interstate Bank, as Lender, in the amount of$6,879,744.00, dated February 5, 2003 and recorded February 6, 2003 at 10:48AM, as Document No. 2096894. Modification dated September 23, 2003 and recorded October 24, 2003 at 4:00 P.M., as Document No. 2129125. Modification dated December 31, 2003 and recorded January 12, 2004 at 11:23 A.M., as Document No. 2137539. Modification dated December 1, 2004 and recorded December 22, 2004 at 3:16 • P.M., as Document No. 2173843. [Includes this and other property] 9. Construction Mortgage from Baxter Meadows Development, L.P., who acquired title as W.B.C., L.P., a Montana limited partnership, as Grantor, to First Interstate Bank, as Lender, in the amount of$2,304,027.00, dated June 9, 2005 and recorded June 14, 2005 at 10:05 A.M., as Document No. 2190815. [Includes this and other property] 10. No Search has been made for water rights and unpatented mining claims, and liability thereon is excluded from coverage of this certificate. END OF SCHEDULE B Please Note: As of July 1, 2005 all documents must be formatted to comply with the new recording standards. Recording fees are $7.00 per page for conforming documents and$11.00 per page for non-conforming documents. If non-conforming documents are submitted for recording you will be billed any additional recording fees. • Schedule B Preliminary Subdivision Certificate of Title(Montana) r • • AMERICAN LAND TITLE COMPANY -PRIVACY POLICY We collect nonpublic personal information about you from the following sources:. • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us,our affiliates,or others. We receive this information from your lender, attorney,real estate broker, etc; and • Information from public records. We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information,to provide the products and services requested by you or • your lender. We maintain physical, electronic, and procedural safeguards that comply with appropriate federal and state regulations. If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. • FIDELITY NATI010FINANCIAL GROUP OF COMPANIES'PR10Y STATEMENT July 1,2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and • state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"),and to whom it is disclosed,will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation.We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business,we may collect Personal Information about you from the following sources: ■ From applications or other forms we receive from you or your authorized representative; ■ From your transactions with,or from the services being performed by,us,our affiliates,or others; ■ From our internet web sites; ■ From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others;and ■ From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical,electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion.We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information • We may share your Personal Information with our affiliates,such as insurance companies,agents, and other real estate settlement service providers.We also may disclose your Personal Information: ■ to agents,brokers or representatives to provide you with services you have requested; o to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and s to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities.We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement,transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain.Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability To Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and,under certain circumstances,to find out to whom your Personal Information has been disclosed.Also,certain states afford you the right to request correction,amendment or deletion of your Personal Information.We reserve the right,where permitted by law,to charge a reasonable fee to cover the costs incurred in responding to such requests.All requests must be made in writing to the following address: • Privacy Compliance Officer Fidelity National Financial,Inc. 4050 Calle Real,Suite 220 Santa Barbara,CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us.We apologize for any inconvenience this may cause you. Order No.: 1-81387 (Baxter Meadows Development, L.P., who acquired title as W.B.C., L.P., a Montana limited partnership) Premium: N/C ENDORSEMENT Attached to Guarantee No. 7208926-1998 Issued by CHICAGO TITLE INSURANCE COMPANY Effective Date: August 9, 2005 at 8:00 A.M. The Company hereby assures the Assured that there are no matters shown by the public records which affect the estate or interest described in Schedule A, other than those shown in Schedule B, except: None The effective date of the Guarantee is hereby extended to the date shown herein; subject • however, to any additional matters shown above. Schedule A is amended to read as follows: Two parcels of land,said parcel being portions of Tract 2A of Certificate of Survey No. 2202A, said parcels being located in the Southeast Quarter and in the Southwest Quarter of Section 34, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, and being more particularly described as follows: Phase 2C Linear Park: Beginning at the Norhwest corner of Linear Park of the Final Plat of Baxter Meadows,Phase IIA, said corner being a point on the centerline of an existing irrigation ditch; thence Northerly along the centerline of said ditch, said centerline being approximately dimensioned by the following 8 courses: North 03'57'17"West, a distance of 100.31 feet; North 019l'51"East, a distance of 80.56 feet; North 27'52'13"East, a distance of 87.85 feet;North 39°29'45"East, a distance of 106.74 feet; North 17°55'37" East, a distance of 51.87 feet;North 01°19'34" West, a distance of 100.29 feet; North 0491'49"East, a distance of 41.93 feet;North 14°04'05" East, a distance of 108.70 feet; • (continued) Date Down Endorsement (Modified Form No.9805) Thence North 89°41'57" East a distance of 213.08 feet; thence along a non-tangent curve to the right with an arc length of 152.38 feet, a radius of 270.00 feet, a delta angle of 32°20'09", a chord bearing of South 01'46'10"East, and a chord length of 150.36 feet; thence South 14°23'54" West, a distance of 487.11 feet to the Northwest corner of the right of way at the intersection of Galloway Street and Vaquero Parkway as dedicated in said Phase IIA plat; thence South 14°30'13" West, along the Westerly line of said Vaquero Parkway, a distance of 16.15 feet; thence South 89°47'34" West, along the North line of said Linear Park, a distance of 240.12 feet to the Point of Beginning. Phase 2D & a Portion of Phase 2C: Beginning at the Northwest corner of Linear Park of the Final Plat of Baxter Meadows, Phase IIA; thence South 05°07'47"East, along the westerly line of said park, a distance of 455.42 feet to the North line of Equestrian Lane as dedicated on the Final Plat of Baxter Meadows Subdivision P.U.D. Phase I; thence South 89°4l'57" West, along said North line a distance of 1265.26 feet; thence North 0097'46" West, along the Easterly line of Private Open Space B of said Phase I plat and along the Northerly extension of said Easterly line, a distance of 1022.00 feet; thence North 89°41'57" East, a distance of 433.30 feet to the East line of a Public Street and Utility Easement for Ferguson Avenue as recorded on Document No. 2103143; thence South 00°20'56" West, along said East line, a distance of 568.04 feet; thence North 89°41'57"East, a • distance of 749.63 feet; thence North 89'55'18" East, a distance of 50.35 feet to the Point of Beginning. The total liability of the Company under said Guarantee and under this endorsement thereto shall not exceed, in the aggregate, the amount stated in said Guarantee. This endorsement is made a part of said Guarantee and is subject to the exclusions from coverage, the limits of liability, and the other provisions of the Conditions and Stipulations therein, except as modified by the provisions hereof. CHICAGO TITLE INSURANCE COMPANY By: Authorized Signatory • Date Down Endorsement (Modified Form No. 9805) 23,;` "r' n {� I �� j � . . � � � +, II �a �, { i ,� ',�I 'i �,� �, � �� r EZ � l J • J--383 • 2156025 II��IPage: 1 of 3 07/09/2004 112:21P Shelley Vanoe-Gallatin Co MT MISC 18.00 • LIFT STATION AGREEMENT` This Agreement is entered into this 1.41day of lug , 2004, by and between BAXTER MEADOWS DEVELOPMENT, L.P., who acquired title as W.B.C., L.P., a Montana Limited Partnership, of P.O. Box 11060, Bozeman, MT 59719, hereinafter referred to as "Baxter Meadows" and the CITY OF BOZEMAN, a municipal corporation of the State of Montana, of P.O. Box 1230, Bozeman, MT 59771, hereinafter referred to as "the City". WHEREAS Baxter Meadows is the owner of real property annexed into the City of Bozeman more particularly known as Baxter Meadows Subdivision Phase II; WHEREAS as part of the Preliminary Plat Review for Phase II of the Baxter Meadows Subdivision, Findings of Facts and Conclusions of Law dated F� 5 O 2004 • .2004, condition no. , page // provides for the following. The property owners dependent on the sewage lift station shall be responsible for the financing the costs of its operation and maintenance, which will be the responsibility of the City. The applicant shall agree in writing to a surcharge.to cover the cost of operating and maintaining the lift station. The agreement shall be tiled with the final plat and shall apply to all heirs, successors and assigns. The agreement shall be subject to approval by the city engineer and the city attorney. WHEREAS, Baxter Meadows has simultaneously herewith submitted to the City its final plat for approval of Phase II of Baxter Meadows Development. NOW, THEREFORE, Baxter Meadows hereby agrees as follows: 1. That it and all its successors and assigns shall pay any surcharges Lift Station Agreement PHASE II -page I H:\96037\001\CEY1216.WPD I ` � 21545 IIIIII�lII�_ Page: 2 of I IIII II II� I II II I I�I I��I 0 7/ Shelley Vanoe-Gallatin Co MT MISC 18.00 09/2004 12.21P • assessed by the City necessary to cover the costs of operating and maintaining the lift station on property currently owned by Baxter Meadows located approximately 1,100 feet west of Davis Lane on the south side of Deadman's Gulch (also known as Cattail Drive) . Baxter Meadows hereby agrees that the City may apply a surcharge to any owners of property within the entirety of Baxter Meadows Subdivision and any other owners not within Baxter Meadows which utilize the above-described sewer lift station. 2. This agreement shall apply to the heirs, successors, and assigns of Baxter Meadows Development, L.P. 3. In the event it is necessary for any of the parties hereto to bring any action to enforce the terms and covenants of this agreement, it is agreed that the prevailing party shall be entitled to reasonable attorney fees to be set by the Court, including the • salary of the City Attorney or that of a staff attorney. WHEREAS, Baxter Meadows Development, L.P. has set its hand and seal this /IC( day of 12004. BAXTER MEADOWS DEVELOPMENT, L.P. formerly known as W.B.C., L.P., a Montana Limited Partnership, By: Baxter Meadows Construction, Inc., a Montana Corporation formerly known as J.G.W., Inc., Its: General Partner BY: (r �- Gerald . i, Williams, President STATE OF MONTANA ) : ss. COUNTY OF GALLATIN ) On this R!�7 day of ju—w, , 2004, before me, a Notary Public for the State of Montana, personally appeared Gerald R. Williams known to me to be Lift Station Agreement PHASE 11 -page 2 H:\96037\001\CEY 1216.WPD II `�Ifl!II �W125 III 07l09izd04 12:21P Shelley Vance-Gallatin Co MT MISC 18.00 • the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same as President of Baxter Meadows Construction, Inc., a Montana Corporation, the general partner of Baxter Meadows Development, L.P., formerly known as W.B.C., L.P, for the purpose herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sQa11'q, /,,.,pnd year first above written. �``',' O�AA/4�•;'��' Notary Public for the State of Montana Printed Name: /?e kak 1J171iaMs Residing at: 601,'h63, NiT My Commission Expires: Nov. !$�j 40o7 CITY OF ZZEMAW By: Its- 2 �. ATT • D �, u CLE OF THE CITY COMMISSION • STATE OF MONTANA ) :ss. COUNTY OF GALLATIN ) On this jiv\day of , 2004, before me, a Notary Public for the State of Montana, person II geared RON GREY and ROBIN L. SULLIVAN, known to me to be th�e �itygManager and Clerk of the City Commission for the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public fo .State ofIVIontana Print Name POMP 60VI i0 V11- Residing at Bozeman, Montana -�— My Commission Expires: ,3 Zs -'Iv 1 • Lift Station Agreement PHASE 11 -page 3 H:\96037\001\CEY1216.WPD • • • • -b�� �'24 . � 1`� t-' .� I � •r �' +i�. j ��� I � • 4 �, i i� �, �. �� �l �� a ,; d u ^ f I1 ��' { �( • 1 � �,�. � �k :� 8-18-05; 3:05PM;P. C. Development Inc ; 1 406 586 9921 # 2/ 2 08/18/05 TRf 15:09 FAX 1406586,�51 T D & H • 9001 • ENGl.1VEER'S CERTIFICATE REGARDWID ADA Sidewalks Baxter Meadows Subdivision,Phases 2C and 2D August 18,2005 This document relates to the above referenced two tracts of land being a portion of the remainder of Tract 2A of Certificam of Survey No.2202A,Located in the SW V4 and the SE 1/of Section 34 in US,R5F,P.M.M.City of$ozemem Gallatin County,Montana. Handicap ramps have been provided at all intersections and pedestrian crossings. These ramps are designed with a maximum slope of 1/12 in accordance with ADA standards. Respectfully Submitted Keith Waring,P.E. • NT A •: •KEITH E •'•� WARING ;cc SIP No.15161 PE .u, .w -- 4 O 10 AL • • • • 25 f�k rl �1 s ' r If 1 I}}tt 'r1 ff 'r+ �I UIY iFF . 'kl i t 1 SETBACK NOTES PHASES 2C & 2D (BLOCKS 9 - 14) ZONING R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 R-3 B-2 TYPE SFR SFR SFR SFR SFR SFR SFR SFR SFR SFR SFR SFR SFR SFR SFR SFR SFR 5-PLEX LOT(S)/ BLK 9- BLK 9- BILK 9- BLK 14 BLOCK(S) LOT 1 &8 LOT 7&11 LOTS 2-6,9,10 LOTS 1-4 BLK 10- BLK 10- BLK 10-LOTS LOTS 1 &7 LOTS 6&12 2-5&8- 11 BLK 11 -LOTS BLK 11 - BLK 11 - 2,3,6,&7 LOTS 1 &5 LOTS 4&8 BLK 12- BLK 12- BLK 12- BLK 12- BLK 12- BLK 12- BLK 12- LOT 1 LOTS 2-6 LOT 7 LOTS 8-9 LOT 10 LOT 11 LOTS 12-16 BLK 13- BLK 13-LOTS BLK 13-LOT BLK 13 LOTS BLK 13- BLK 13- LOT 5 13, 14,2155& 17 1 2-4&6-11 LOT 12 LOT 16 FRONT YARDS 10, 10, 10, 14' 14' 14' 10, 10, 14' 10, 10, 10, 10, 10, 10, 10, 10, 10, 18.16.050 REAR YARDS 10, 10, 10, 10, 10, 10, 5' 5' 5' 5' 5' 2' 2' 2' 2' 5' 5' 6' 18.16.050 !DE YARDS North= 10' North=5' North= 14' North=5' North= 10' North=5' East=10' North = 10' East=5' East= 10' East=5' 18.16.050 South=5' South= 10' S 5 South=5' South = 14' South=5' S South= 14' S West=5' South=5' S West=10' S West=5' West=10' 0'-10' Approved Deviations-Residential MAX.LOT MIN.FRONT COVERAGE 55% YARDS 10, 18.16.030 18.16.050 MIN.LOT MIN.REAR AREA(S.F.) 2,432 S.F. YARDS 2' 18.16.040 18.16.050 MIN.LOT MIN.SIDE 1. For Multi Family Lots 1 -4 on Block 14, orientation of the buildings will dictate which setback will be required. WIDTH 25' YARDS 0'-14' NOTES: Nevertheless, the 10'setback will be required adjacent to streets or the Linear Park. 18.16.040 18.16.060 2. Corner Side Yards for SFR's shall be equal the deviations set forth for Front Yards ADDITIONAL NOTES: All Site Plan submittals shall be accompanied by a Certificate of Compliance by the Baxter Meadows Design Review Board. i 1 ` AOF BOZEMAN "Ilk ' DEPARTMENT OF PLANNING AND COIF AUNITY DEVELOPMENT i Alfred M.Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net December 14, 2005 Potter Clinton Development, Inc. 3985 Valley Commons Drive Bozeman, MT 59718 Re: Baxter Meadows Subdivision Phases 2C/D - Letter of Credit No. 1109600313 Dear Harley; We have reviewed the, December 12, 2005, revised cost estimates and request for financial guarantee reduction. The City of Bozeman approves the reduction to Letter cf Credit No. 1109600313. from $834,915.80 to $549,033.00. If you have any questions, please give me a call at 586-5266. Sincerely, Lanette Windemaker, AICP Contract Planner File: cc: Baxter Meadows Development, LP, P.O. Box 81487, Billings, l-T 59,108. planning • zoning . subdivision review 9 annexation 9 historic preservation . housing • grant ad-niiistrotion . neighborhood coordination LJ MEMORANDUM �� ��a>� „�'�rCFP��IVOtit� TO: Lanette Windemaker Bozerr_an City P as r-ilg FROM: Harley Hues-A.: Project Manager DATE: Decsn_ber t2,2005 RE: Baxtef•Meadows Pbuyse 2C/D Improvements Agreement Lanette - Pleas-End enclosed Lie revised schedule of remaining quantities on our improvements agreement for Baxter Meadows Phase 2CiD. The quantities have been revised to include sidewalk. I beseve. the total amount due on the letter of credit should now be $641,064.00 (@150% of actual cost estimate). Please confirm and-ie will resubmit a revised letter of credit. Thank you. 3985 Valley Commons Drive Bozeman,MT 59718 1'406)586-9922 9 FAX(406)586-9921 12-12-05; 8:53AM,P. C. Development Inc ; 1 406 586 9921 # 1/ 5 gwAyNo 3985 Valley Commons Drive Bozeman, MT 59718 Fax#(406) 586-9921 Phone#(406) 586-9922 FACSIMILE 'TRANSMISSION COVER SHEET DATE: �.0 PLEASE DELIVER THE FOLLOWING PAGES TO: c COMPANY: Dft�i l FAX: `J$2-,�_z co I ,.___ FROM: Howl eg -- - - - NUMBER OF PAGES (INCLUDING COVER SHEET): 5 The information contained in this fax message is privileged and confidential information intended only for the use of the individual or entity names above. If the reader of this fax message is not the intended recipient or the employee or agent responsib!e to deliver it to the intended recipient,you are hereby on notice that you are in possession of confidential and privileged information. Any dissemination, distribution or copying of this communication is strictly prohibited. You will immediately notify the sender by telephone of your inadvertent receipt. Retum the original fax message to the sender at the address above via the United States Postal Scrvice. MESSAGE: iF THERE ARE Y PROBLEMS WITH THIS TRANSMISSION, PLEASE CONTACT CONNIE OI AC AT (406) 586-9922. 12-12-05; 8:53AM;P. C. D—Plopment Inc ; 1 406 586 9921 # 2/ 5 MEMORANDUM TO: Laneae Windemaker Bozeman City Planning FROM: Harley Huestis Project Manage]- DATE; December 12, 2005 RE: Baxter Meadows Phase 2C/D Improvements Agreement Lanette- Please find enclosed the revised schedule of.remaining quantities on our improvements agreement for. Baxter Meadows Phase 201). The quantities have been revised to z iclude sidewalk. I believe the total amount due on the letter of credit should now be$641,064.00 (@150% of actual cost estimate). Please confirm and we will resubmit a revised letter of credit. Thank you. :398.5 VAILry C ontmo LS Drive &-neuran,MT 59718 (406)586.9922 • FAX(406)586.9921 12-12-05; 8:53AM;P. C. Development Inc ; t 406 586 9921 # 3/ 5 12/09/05 FRI 14:30 FAX 14060951 T D & A Ia 002 EXMIT.A ENGINEER'S CERTIFICATE REGARDING Incomplete Subdivision Infrastructure Baxter Meadows Subdivision,Phases 2C and 2.D December 5,2005 This document relates to the above referenced two tracts of land being a portion of the remainder of Tract 2A of Certificate of Survey No. 2202A,Located in the SW %4 and the SE 1/a of Sectaon 34 in TIS,ME,F.M.M. City of Bozeman Gallatin County,Montana_ The incomplete work as of the above date includes alley improvements for the Baxter Meadows Subdivision,Phases 2C and 2D Infrastructure. .Also attached is the schedule of values,based on bid schedules for this project.Unit prices show that the total improvements amount totals$.122,708.00_ I certify that based on existing conditions at this time in Bozeman the attached cost estimate totaling$184,062.00 is a realistic cost for the improvements outlined above. Respectfully Submitted Keith Waring,PS. i • KEITH F. -v: WAKING :v- No. 15161PE:w . +v 12-12-05; 8;53AM;P. C. Development Inc 11 406 586 9921 # 5/ 5 12/09/05 FRI 14:30 FAX 140 4951 T D & H Tbnnav,IIoIU M IliulunY,IvL �� Itnya..airioq Gnoulaal�r ;t'7�.�{� �� FACSIMILE Date: 12/9/05 From: Keith.Waring To: Harley Heustis No. of pages: 3 (includes thipaIu) Fax No.: 586-9921 Subject: Baxter Meadows TD&H'J'ob No.: B05-016-002&003 Urgent Q For Review 0 For Your Use 0 Please Reply Hard Copyto follow Harley, Here is the revised Engineer's Certificate Regarding Incomplete Subdivision Infrastructure for Baxter Meadows Phases 2C&2D_ The previous Certificate did not include sidewalks. 215 Were Mendenhall,Suite C-1 +Bowmari.MT 5,9715 Tel:(406)566-0277 Fax(406)58$4957 12/09/05 FRI 14:30 FAX 14065864951 T D & H 0 002 0 w EXMIT A ENGINEER'S CERTIFICATE REGARDING Incomplete Subdivision Infrastructure Baxter Meadows Subdivision,Phases 2C and 2D December 5, 2005 This document relates to the above referenced two tracts of land being a portion of the remainder of Tract 2A of Certificate of Survey No. 2202A,Located in the S'W 1/4 and the SE 1/4 of Section 34 in T1S, R5E,P.M.M. City of Bozeman Gallatin County,Montana. The incomplete work as of the above date includes alley improvements for the Baxter Meadows Subdivision,Phases 2C and 2D Infrastructure. Also attached is the schedule of values,based on bid schedules for this project.Unit prices show that the total improvements amount totals $.122,708.00_ I certify that based on existing conditions at this time in Bozeman the attached cost estimate totaling $184,062.00 is a realistic cost for the improvements outlined above. Respectfully Submitted Keith Waring,P.E. •NT NN ++. tea • KEITH E. 'O\ WAKING v• No. 15161 PE o• NA •�u; 12/09/05 FRI 14:30 FAX 14065864951 �T D & H 2003 BAXTER MEADOWS PHASE 2C/D REMAINING QUANTITIES ON IMPROVEMENTS AGREEMENT UPDATED 12/05/05 CURRENT QUANTITIES IItem# Description Unit Price Est.Qty Amount 1 1.5"MINUS CRUSHED BASE,IN PLACE(6"THK) $2.40 1,220.00 S 2,925.00 2 HOT PLANT MIX,3°THK $0,50 -2,140.00 $ 13,910.00 19 CONC SIDEWALK, IN PLACE $3,001 35,290.00 S 105,870.00 GRAND TOTAL $122,708.00 REMAINING WORK IN CONTRACT $122,708.00 REQUIRED IMPROVEMENT AGREEMENT AMOUN-ri 1$ 184,062.00 0 CC I D WIC � • DEC• • 0 8 2005 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 5 December 2005 Lanette Winder_-iaker Bozeman City Pianning 20 E. Olive St. Bozeman, Mt 597i5 Re: Baxter Meadows Improi.ements Agreements Credit Dear Ms. Windemaker: A:s you are aware, Baxter Meadows Development has letters of credit with the city associated with improvements agreements for Phases I and 2C/D. Phase I is now finished,and we would like the City to release the letter of credit for that phase. I have enclosed a copy of the cur_ent letter of credit, as well as an itemization of the work it covers, which is now all complete. The one item that would seem to be outstanding is the streetlights. However, the SILD is in place for that, and we have paid the portion that we are responsible for to NWE. They have the poles here hi town and will install them as soon as their schedule permits. Phase 2C/D is substantially complete, and we would like to reduce the letter o-.credit for that phase. I have enclosed a revised iterrszation of work to be completed, which merely consists of paving the alleys and landscaping. Upon your approval, I will have the bank resubmit a revised letter of credit for the current amount, which should equal: Estirrialed 150% Infrastructure: 16,838,00 25,257.00 Landscaping:: 243,314.00 364,971.00 Total: 260,152:00 $390,228.00 Thank you fo- your attention to this matter and please call if you have any questions. Sincerely, Harley Hues is Project Manager 3985 Valley Common;Drive Bozeman,MT 59718 (406)586.9922 • FAX(4C6)586-9921 11/21/2005 10:23 14068964911 COTTONWOOD COMPUTER PAGE 02 First Irtknt{ate Bank _ •�� 401 N.31st St. v First P.O.Box 30918 l Billings,MT59116-0918 .Interstate •�"`A�='°�` 406-255.5000 Bank wwwArstintersWebank.com IRREVOCABLE STANDBY LETTER OF CREDIT . 0,tober 15,2004 Le tter of Credit No. 1109600282 FS R THE ACCOUNT QI:APPLICANT: IN FAVOR OF BENF11Cr^RY: Ba rter Meadows Development,LP City of Bozeman 6710 Trade Center Ave P.O. Box 1230 Bil lings, MT 59102 Bozeman,MT 59771-1230 Eh PIRATION DATE: On or before the close of business on December 1,2005 at our Counters in Billings,Montana. Gel itlemen: We hereby issue in favor of Beneficiary our Irrevocable Standby Letter of Credit in the amount of TWO HU NDRED NINE THOUSAND AND SEVEN HUNDRED THIRTY-SIX DOLLARS&NO/100's U.S. DQ LLARS($209,736.00),which is available by your draft drawn on us at sight,accompanied by the foll>win Ij document: State n,cnt duly executed by a representative of the Mayor and City Council of thr City of Bozeman stating that""The Applicant has- a lie.1plaJcd on the subdivision known as Tracts 1,2, 3 and 4 of Certificate of Survey No. 2202, located in Section 34, Tow lAip 11 South,Range 5 East,and Section 13,Township 2 South,Range 5 East.P.M.M. Gallatin County,Montana and with this Letter of Crcdit.will provide final street Improvements on Davis Lane In Bozcman,Montana-- ' The origi I hal of this Litter of Credit along with your draft must be presented to us by certified mail or in pers,)n alld addressed to FIRST INTERSTATE BANK,P.O. Box 30918,Billings,Montana`59116, Atte itionileremiah Rouane. We i tereb�engage that drafts drawn under and in compliance with the tertbs of this credit will be duly hone red/accepted on presentation on or before the expiration date of this credit. It is indet'stood that the Beneficiary,upon acceptance of this Letter of Credit,agrees that all partial pays tents Ifor improvements completed to the development and approved by the City may reduce this letter of er!dit y the amount of the payment. Sinct rely, FIRS]"IN I ERSTATE BANK I . Autht•rizcd Signer: Scott W. Sanders Authorized Signer: Bruce Parker I i i I 4 Baxter Meadows Development, L.P. Phase 1 Letter of Credit Disbursement Tracking Lift Station $2,500 $200 $2,300 Sidewalks $12,855 $12,855 Punch List $22,750 $22,750 Landscaping $60,363 $25,178 $35,185 Baxter Lane $10,000 $10,000 Lighting $18,000 $18,000 Thermoplastic Tape $27,711 $27,711 Site Cleanup $10,000 $10,000 Pocket Park Access Drive $8,190 $6,864 $1,326 Alley Gravel / Paving $38,500 $20,097 $18,403 Discrepancy -$1,133 -$1,133 Total $209,736 $52,339 $157,397 Letter of Credit $209,736 12/05/05 MON 16:23 FAX 14065864951 T D & H U 002 EXMIT A ENGINEER'S CERTIFICATE REGARDING Incomplete Subdivision Infrastructure Baxter Meadows Subdivision,Phases 2C and 2D December 5, 2005 This document relates to the above referenced two tracts of land being a portion of the remainder of Tract 2A of Certificate of Survey No. 2202A,Located in the SW 1/4 and the SE i/a of Section 34 in TIS,RSE,P.M.M. City of Bozeman Gallatin County, Montana. The incomplete work as of the above date includes alley improvements for the Baxter Meadows Subdivision, Phases 2C and 2D Infrastructure. Also attached is the schedule of values,based on bid schedules for. this project. Unit prices show that the total improvements amount totals$16,838. I certify that based on existing conditions at this time in Bozeman the attached cost estimate totaling$25,257.00 is a realistic cost for the improvements outlined above. Respectfully Submitted Keith Waring, P.E. ON 'N TA V KEITH E. • WARING ; 9•, N0. 15161 PE ;w o • C S��•.�_� •,���53;/0lVAL 12/05/05 0N 16:23 FAX 14065864951 T D & H 0 003 BAXTER MEADOWS PHASE 2C/D REMAINING QUANTITIES ON IMPROVEMENTS AGREEMENT UPDATED 12/05/05 CURRENT QUANTITIES Item# Description Unit Price Est.Oty 7 1 1.5"MINUS CRUSHED BASE,IN PLACE(6"THK) $2.40 1,220.00 $ 2,928.00 2 HOT PLANT MIX,3"THK $6.50 2,140.00 S 13,910.00 GRAND TOTAL $16,838_00 REMAINING WORK IN CONTRACT $16.M.00 REQUIRED IMPROVEMENT AGREEMENT AMOUNT $ 25.257.00 8-i9-05; 2:38PM;P. C. Dev ilment Inc " . 1 406 586 9921 # 3/ 4 FINAL COST ESTIMATE-SUMMARY Project; Baxter Meadows Suhdivision Phase: Phase 2B, C, D & Futurc Date: August 9, 2005 Prepared By: Peaks to Plains Design,P.C. ITEM DESCRIPTION TOTAL. Asphalt Trails 10'wide $ 9,592 Concrete Sidewalk 5'wide;for cut-through $ 17,800 Gravel Trails 8'wide; City of Bozeman stds. $ 2,625 Shade trees 2"cal. B&B $ 47,690 Ornamental trees 7 gal, cost.OR 1-1/2"cal. B & B $ 4,550 Coniferous trees 5'-6' height $ 1,560 Shrubs 2 gallon container $ 1,155 Seed Mix#1 Turf Lawn Seed/H dromulch $ 3.226 Seed Mix#2 Native Seed/H dromulch $ 488 Rotor I rrigation 6"pop-up seed mix 41 $ 36,296 Udp Irrigation to trees in native lawns only $ 1,080 Swings GameTime P1238& P1239 1,445 Swing Seats-Re ular GameTime #8699 $ 400 Swing Seats-Tot GameTime #8695 $ 540 Playground equipment GameTime Walker Three $ 11,000 Playground Mount Pkg. GameTime #23029 $ 1,025 Playground surfacing Fibar Mulch;#312 $ 9,978 ( I MCKeneae ge concrete around playground Assume 12"wide walk $ 1.392 Pedestrian Bride 8'wide x 30' length $ 18,000 Basketball Court 50'x 84'court-asphalt surface $ 10,000 _ Basketball Posts GameTime#459 $ 810 Basketball Backboard GameTime#854 $ 1,190 Basketball Net GameTime#454 $ 290 Picnic Table between basketball et. and swin s $ 780 Benches 6'len th;with back $ 8,764 Seats 6'len th; without back $ 7,160 Trash Rece tacle GameTime; UL9300 $ 1,400 Pet Waste Disposal JJB Solutions JJB006 $ 850 SUBTOTAL $ 201086 MOBILIZATION & INSURANCE 10% $ 20,109 CONTINGENCY 10%1 Is 22,119 TOTAL $ 243,314 Page 1 First Interstate Bank First 401 N.31 st St. I�teP.O.Box '/ Billings,MT T 59 59116-0918 Bank 406-255-5000 www.firstintemtatebank.com IRREVOCABLE STANDBY LETTER OF CREDIT August 22,2005 Letter of Credit No. 1109600313 FOR THE ACCOUNT OF APPLICANT: IN FAVOR OF BENEFICIARY: Baxter Meadows Development,LP City of Bozeman 6780 Trade Center Ave P.O. Box 1230 Billings, MT 59102 Bozeman, MT 59771-1230 EXPIRATION DATE: On or before the close of business on August 22,2006 at our Counters in Billings,Montana. Gentlemen: We hereby issue in favor of Beneficiary our Irrevocable Standby Letter of Credit in the amount of EIGHT HUNDRED THIRTY-FOUR THOUSAND,NINE HUNDRED FIFTEEN DOLLARS AND 80/100 ($834,915.80),which is available by your draft drawn on us at sight,accompanied by the following document: Statement duly executed by a representative of the Mayor and City Council of the City of Bozeman stating""The Applicant has a lien placed on the subdivision known as Tracts 2A and 4A of Certificate of Survey No.2202A,located in the S'h of Section 34, Township 1 South, Range 5 East, and the NE '/< of Section 3,Township 2 South, Range 5 East, P.M.M. Gallatin County, Montana and with this Letter of Credit will provide infrastructure costs such as road paving, landscaping and lighting for street development known as Phase 2C&2D in Baxter Meadows Subdivision in Bozeman,Montana.." The original of this Letter of Credit along with your draft must be presented to us by certified mail or in person and addressed to FIRST INTERSTATE BANK,P.O.Box 30918,Billings, Montana 59116, Attention Jeremiah Rouane. We hereby engage that drafts drawn under and in compliance with the terms of this credit will be duly honored/accepted on presentation on or before the expiration date of this credit. It is understood that the Beneficiary,upon acceptance of this Letter of Credit,agrees that all partial payments for improvements completed in the development and approved by the City may reduce this letter of credit by the amount of the,payment. Sincerely, FIRST INTERSTATE BANK uthorized ott W. Sanders Authorized Signer: Bruce Parker r CIF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 tannin bozeman.net P.O. Box 1230 P g�° Bozeman,Montana.59771-1230 www.bozeman.net MEMORANDUM TO: Laurae Clark, Treasurer FROM: Carol L. Schott, Administrative Assistant DATE: September 1, 2005 RE: #P-05040 and#Z-05223 Baxter Meadows, Phases 2C & 2D Attached is the original Letter of Credit#11.09600313 dated August 22, 2005, for the account of Baxter Meadows Development, LP, in favor of the City of Bozeman in the amount of$834,915.80 from First Interstate Bank to guarantee the remaining site improvements related to the Baxter Meadows, Phases 2C & 2D. Please hold the LOC until you are either directed to either issue drafts against it due to default, or to return the funds to First Interstate Bank when the improvements are completed. Also, included is $100.00 in cash for the remainder of the financial guarantee. The original LOC was short that amount. Please deposit the $100.00 in the Demand Account. Please call me if you have any questions. Thank you! planning zoning subdivision review • annexation historic preservation housing • grant administration neighborhood coordination Th.....Onnv&Iivahiw.Inc, f. ±\�— TDBcH, = Enginx,ivq(:uvsulavta I MEMORANDUM Date: 9/1/05 PDEPARTMENT vTo: Lanette Windemaker,AICP P 0 6 2005 OF PLANNINGFrom: Keith Waring MUNITY DEVELOPMENT Subject: Baxter Meadows Phases 2C and 2D TDH Job No.: B05-016-002 Lanette, I have adjusted the following table to reflect the items that are to be financially guaranteed. I have corrected the sidewalk quantity and cost to include the sidewalk that is to be located between lots 7 and 8. The developer is aware that this portion of the sidewalk is required and is planning on having it installed. I have matched the same financial amount that I had provided previously. Since the original submittal, the curb and gutter has been completed and most of the finished gravel has been placed, therefore, the amount is conservative. Thank you for your help in this manner. Keith C: Harley Huestis, PC Development Michael McGullam 215 West Mendenhall,Suite C-1 •Bozeman,MT 59715 •Tel:(406)586-0277•Fax(406)586-4951 BAXTER MEADOWS PHASE 2C 2D Item Description Est.Oty Unit Unit Price Amount 1 POND OUTLET RIPRAP 51.00 SY $20.00 $1,020.00 2 POND OUTLET STRUCTURE 2.00 EA $800.00 $1,600.00 3 1.5" MINUS CRUSHED BASE, IN 8,235.50 SY $2.40 $19,765.20 4 IHOT PLANT MIX,3"THK 15,919.00 SY $6.50 $103,473.50 6 TYPE A HC PED RAMP 8.5'X8.5' 12.00 EA $750.00 $9,000.00 TYPE B HC PED RAMP, 8.5'X14. 8.00 EA $3,200.00 $25,600.00 TYPE C SINGLE 8.5' 2.00 EA $550.00 $1,100.00 TYPE D 8.5'X11.5'BLVD 2.00 EA $3,000.001 6,000.00 TYPE E SINGLE 11.5' 2.00 EA $650.001 $1,300.00 TYPE F, REPLACE ONLY RAMP 2.00 EA $650.00 $1,300.00 7 CONC ALLEY APRON 31.00 SY $58.50 $1,813.50 8 CONC VALLEY GUTTER AND FIL 26.00 SY $58.50 $1,521.00 9 CONC SIDEWALK, IN PLACE 35,290.00 SF $3.00 $105,870.00 10 SITE GRADING AND EXC 0.25 LS $50,000.00 $12,500.00 11 SIGNS IN PLACE, NEW STOP/ST 4.00 EA $350.00 $1,400.00 _NEW STREET SIGN 6.00 EA $350.00 _ $2,100.00 INSTALL W14-1, DEAD END SIG 6.00 EA $350.00 $2,100.00 12 CURB BULB DELINEATORS 80.00 EA $60.00 $4,800.00 13 CURB BULB PAINTING 800.00 LF $2.00 $1,600.00 GRAND TOTAL $303,863.20 REMAINING WORK IN CONTRACT $303,863.20 PROVEMENT AGREEMENT AMOUNT $ 455,794.80 Page 1 remaining quantities8.18.05.xis 9/1/2005 Thomas,Dean & Hoskins, Inc. TD& - Engineering Consultants I\ I TJ September 1, 2005 RE: Baxter Meadows Phase H Improvements Agreement City of Bozeman Planning Department P.O. Box 1230 Bozeman, MT 59771-1230 Attention Lanette windemaker We anticipate submitting the final plat application for the subject project on or about August 1, 2005. I am providing the cost estimates for you so that you will be able to draft the improvements agreement. The improvements that must be covered in the agreement include construction of sidewalks, signage, streets, and detention pond. The summary below itemizes these costs. 215 West Mendenhall, Suite C-1 Bozeman, MT 59715 (406)586-0277 FAX(406)586-4951 Item# Description Est.Oty Unit Unit Price Amount 1 POND OUTLET RIPRAP 51.00 SY $20.00 $1,020.00 2 POND OUTLET STRUCTURE 2.00 EA $800.00 $1,600.00 3 1.5"MINUS CRUSHED BASE,IN PLACE 6"THK 8235.50 SY $2.40 $19,765.20 4 HOT PLANT MIX,3"THK 15,919.00 SY $6.50 $103,473.50 5 TYPE A HC PED RAMP,8.5'X8.5' 12.00 EA $750.00 $9,000.00 TYPE B HC PED RAMP,8.5'X14.5" 8.00 EA $3,200.00 $25,600.00 TYPE C SINGLE 8.5' 2.00 EA $550.00 $1,100.00 TYPE D 8.5'X1 1.5'BLVD 2.00 EA $3,000.00 $6,000.00 TYPE E SINGLE 11.5' 2.00 EA $650.00 $1,300.00 TYPE F,REPLACE ONLY RAMP 2A0 EA ,$650.00 $1,300.00 6 CONC ALLEY APRON 31.00 SY $58.50 $1,813.50 7 CONG VALLEY GUTTER AND FILLET IN PLACE 26.00 SY $58.50 $1,521.00 8 CONC SIDEWALK,IN PLACE 745.00 SF $3.00 $105,870.00 9 SITE GRADING AND EXC 0.25 LS $50,000.00 $12,500.00 10 SIGNS IN PLACE, NEW STOP/STREET SIGN 4.00 EA $350.00 $1,400.00 NEW STREET SIGN 6.00 EA $350.00 $2,100.00 INSTALL W14-1,DEAD END SIGNS 6.00 EA $350.00 $2,100.00 11 CURB BULB DELINEATORS 80.00 EA $60.00 $4,800.00 12 CURB BULB PAINTING 800.00 LF $2.00 $1,600.00 GRAND TOTAL $303,863.20 REMAINING WORK IN CONTRACT $303,863.20 REQUIRED IMPROVEMENT AGREEMENT AMOUNT $ 455,794.80 Please review this information and let me know if you have any questions. Also, please forward to us the draft improvements agreement so that I can have the owner review it as soon as possible. Thank you for your assistance. Sincerely, Thomas, Dean &Hoskins, Inc. Keith Waring, P.E. - 8 - Approval of final plat for Cattail Creek Subdivision, Phase III - subdivide approximately 51 acres lying along east side of Davis Lane and south side of Catamount Street into 66 residential lots Approval of final plat for Country Inn and Suites Minor Subdivision -subdivide 7.661 acres lying east of Valley Center Road adjacent to North 19th Avenue 1-90 off ramp into two lots Commission Resolution No. 3868-authorize City Manager to sign Change Order No. 1 for 2003 WWTP Modifications - Williams Plumbing and Heating, Bozeman, Montana - add $46,322.00 and 27 calendar days COMMISSION RESOLUTION NO. 3868 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH WILLIAMS PLUMBING AND HEATING, INC., BOZEMAN, MONTANA. Commission Resolution No. 3869 - intent to vacate portions of East Harrison Street and Highland Avenue lying within Sunset Hills Cemetery; set public hearing for November 7, 2005 COMMISSION RESOLUTION NO. 3869 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO DISCONTINUE, ABANDON AND VACATE THAT PORTION OF THE RIGHT-OF-WAY FOR EAST HARRISON STREET LYING BETWEEN OLD HIGHLAND BOULEVARD AND SOUTH IDA AVENUE AND THAT PORTION OF THE RIGHT-OF-WAY FOR HIGHLAND AVENUE EXTENDING NORTHWARD FROM EAST HARRISON STREET WITHIN THE SUNSET HILLS CEMETERY, IN THE CITY OF BOZEMAN, MONTANA. Commission Resolution No. 3871 - intent to create Special-Improvement Lighting District No..685 (Baxter Meadows Subdivision PUD, Phases 2A, 2B, 2C and 2D); set public hearing for November 7, 2005 COMMISSION RESOLUTION NO. 3871 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 685 (BAXTER MEADOWS SUBDIVISION PUD, PHASES 2A,213, 2C AND 2D) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, OWNERSHIP, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. Request for extension of approval of annexation of Tract 1, COS No. 1895, located at the southeast corner of the intersection of Story Mill Road and Bridger Drive to November 15, 2005 (A-04012) Approval of request for sewer service outside city limits - Harry and Ora McNeal, 27655 Frontage Road, subject to five conditions in memo dated October 17 Request for modification of conditions for loan from CDBG Economic Development Revolving Loan Fund for Rocky Mountain Furniture, LLC,to allow for change in personal guarantors Approval of request for$3 000 in funding for Pet Care/Spay/Neuter III events-Gallatin Valley Spay/Neuter Task Force 10-17-05 CITOF BOZEMAN • y DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT q1D 1 Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozemon.net Bozeman, Montana 59771-1230 www.bozeman.net MEMORANDUM To: Bob Murray, Project Engineer Neil Poulsen, Chief Building Official (2 copies) John Alston, Water/Sewer Greg Megaard, Fire Marshal John VanDeLinder, Streets Superintendent From: Lanette Windemaker, AICP; Contract Planner Date: September 15, 2005 Re: Baxter Meadows Phases 2 C and D #Z-05223—Approved Final PUD Plan Attached, please find the approved Final PUD Plan for the above referenced project. If you do not wish to keep a copy,please return it to me. Two (2) signed originals of the Final Site Plan have been forwarded to the City of Bozeman Building Department. One (1) copy of the Final Site Plan is for the Building Department files and if you don't want the second one or know what to do with it,please return it to me. If you have any questions,please give me a call at 586-5266. planning - zoning - subdivision review - annexation - historic preservation - housing - grant administration - neighborhood coordination • Bozeman Division 121 East Griffin Drive 'Wlestern Bozeman, MT 59715 "8111% u,A A-by Telephone:406-582-4637 Energy www.northwesternenergy.com D (� The City of Bozeman October 6, 2005 City Clerk of Commission OCT 11 2005 P.O. Box 1230 Bozeman, MT 59771-1230 DEPARTMENT OF PLANNING Attn: Robin Sullivan AND COMMUNITY DEVELOPMENT Dear Robin: As you are probably aware, NorthWestern Energy has been asked by the developers of Baxter Meadows Subdivision to work with the City of Bozeman to create a Special Improvement Lighting District (SILD) for Baxter Meadows,Phase 2 for the purpose of installing streetlights. This is a request to create the District. Enclosed, please find the information on the type and number of poles and fixtures, a lighting layout, as well as preliminary costs. The design for the lighting layout will most likely continue through any future phases. This layout calls for thirty seven (37) streetlights. Five lights will be 175 watt MH fixtures mounted on 20' poles, thirty one will be 100 watt MH fixtures mounted on 17.5' poles and one will be a 70 watt MH fixture mounted on a 17.5' pole. Installation of the lights in blocks 9 through 14 should happen this year with the remaining lights being installed as the subdivision builds out. At this time, the approximate cost per light is $38.13 per month for the 70 watt light, $39.05 per light per month for the 100 watt units and $41.58 per light per month for the 175 watt lights. The cost per month may change from these preliminary figures pending any manufacturer price increase or increase in our PSC Electric Tariff. I have not included our Street Lighting Agreement for signature at this time pending final SILD approval. If the City needs any additional information from NorthWestern Energy at this time, please let me know at your earliest convenience. I'll also send copies of this information to those listed below. If you have any questions,please give me a call at 582-4637. I'll be glad to help in any way that I can. Sincerely, Mel Kotur NorthWestern Energy CC: Lanette Windemaker, City Planning Dept. Harley Huestis, PC Development I • ••�° KIMBERWICKE ST. n. IUMER&IME STREET KIMBERWICKE ST. ,1 a, 1 M RAWHIDE STI cp 'o r i cP u .. r1w ec "� •�� �� \\\\\\\\\\\\� \\\\\\\\\\ \\\\\\\\\\\\\\ \\ `AU`C�"STREET \cp GALLOWAY ST* 3 EQUESTRIAN LANE • • �� •.� i •EQUEST&N LANE • \cp \\\\\\\\\\\\\ \\\\\\\\\\\\\\ \\ 0 Y LLI M WFT d Q Z C Q O O a Q U U i i SYMBOL TOTAL TYPE CATALOG ARM HEADS HEIGHT CONFIG. TRAKKE RAIL STRE� \ ,cA cA LAMP FIXT. LENSE ARM POLE/HT. FIN. • � j 5 Pi 175—MH—DMS50—SG3—V—OM1A—SM6F-20—BKTX 2' 1 20' STAGGERED 31 Pi 100—MH—OMS50—SG3—V—OMIA—SM6F-18—BKTX 2' 1 17.5' STAGGERED • 1 P1 70—MH—DMS50—SG1—V—OMIA—SM6F-18—BKTX 2' 1 17.5' STAGGERED G • ExST. PH. 1 PI 100—MH—OMS50—SG3—V—OMIA—SM6F-18—BKTX 2' 1 17.5' STAGGERED j BAXTER MEADOWS PHASE 2A, 2B, 2C, & 2D ob ,15 STREET LIGHT SITE PLAN '1h BAXTER LHNE ' 10/3/05 ORIGINALLY PREPARED BY COLLABORATIVE DESIGN ARCHITECTS — MODIFIED BY PC DEVELOPMENT (PHASE 2C/D) SCALE: 1'=200' u, too. l 1 NORTH "TERN ENERGY LEASE LIGHT ORKSHEET Customer axter Meadows, Phase 2 Address Blocks 9-14 Bozeman, MT Account# 0 Light Project Description Streetlights- 175 Watt MH on 20' oles INSTALLATION COSTS Per Item Amount Type Material Code Cost Total Cost MATERIALS 2 MH Lumec DMS50 fixtures an 0.00000 3727.09 $7,454.18 Subtotal $7,454.18 Stores Charge $0.00 Total Materials $7,454.18 LABOR & EQUIPMENT Hours Cost/Hour Serviceman $50.00 Two Man Crew $107.00 Three Man Crew $190.00 Four Man Crew $210.00 Light Design/Layout $50.00 INSTALL COST PER UNIT (Material+Labor) $7,454.18 Number of Units 2 TOTAL INSTALL COSTS (Install cost+number of units) $3,727.09 CUSTOMER CHARGE PER UNIT I Rate Code L020 OWNERSHIP CHARGE $34.84 ENERGY $5.67 OPERATIONS CHARGE $0.54 MAINTENANCE CHARGE $0.53 BILLING CHARGE $0.00 MONTHLY CHARGE PER UNIT $41.58 #OF UNITS 2 TOTAL MONTHLY CHARGE R AL $83.15 NORTH TERN ENERGY LEASE LIGHTAKORKSHEET Customer7axter Meadows, Phase 2 Addresscks 9-14 Bozeman, MT Account# 0 Light Project Description Streetlights- 100 Watt MH on 17.5'poles INSTALLATION COSTS Per Item Amount Type Material Code Cost Total Cost MATERIALS 8 1H Lumec DMS50 Fixtures and 0.00000 3727.09 $29,816.72 Subtotal $29,816.72 Stores Charge $0.00 Total Materials $29,816.72 LABOR & EQUIPMENT Hours Cost/Hour Serviceman $50.00 Two Man Crew $107.00 Three Man Crew $190.00 Four Man Crew $210.00 Light Design/Layout $50.00 INSTALL COST PER UNIT (Material+Labor) $29,816.72 Number of Units 8 TOTAL INSTALL COSTS (Install cost+number of units) $3,727.09 CUSTOMER CHARGE PER UNIT Rate Code L020 OWNERSHIP CHARGE $34.84 ENERGY $3.14 OPERATIONS CHARGE $0.54 MAINTENANCE CHARGE $0.53 BILLING CHARGE $0.00 MONTHLY CHARGE PER UNIT $39.05 #OF UNITS 8 TOTAL $312.39 NORTH TERN ENERGY LEASE LIGHTANDRKSHEET Customer Baxter Meadows, Phase 2 Address Blocks 9-14 Bozeman, MT Account# 0 Light Project Description Streetlights-70 Watt MH on 17.5'poles INSTALLATION COSTS Per Item Amount Type Material Code Cost Total Cost MATERIALS 1 ift MH Lumec Fixtures an 17.5' 0.00000 3727.09 $3,727.09 Subtotal $3,727.09 Stores Charge $0.00 Total Materials $3,727.09 LABOR & EQUIPMENT Hours Cost/Hour Serviceman $50.00 Two Man Crew $107.00 Three Man Crew $190.00 Four Man Crew $210.00 Light Design/Layout $50.00 INSTALL COST PER UNIT (Material+Labor) $3,727.09 Number of Units 1 TOTAL INSTALL COSTS (Install cost+number of units) $3,727.09 CUSTOMER CHARGE PER UNIT I Rate Code L020 OWNERSHIP CHARGE $34.84 ENERGY $2.22 OPERATIONS CHARGE $0.54 MAINTENANCE CHARGE $0.53 BILLING CHARGE $0.00 MONTHLY CHARGE PER UNIT $38.13 #OF UNITS 1 TOTAL $38.13 Bozeman Baxter Meadows (41257) Order No 88960 640,Cur&Boivin Boisbriand(QuBbec) Canada,RG 2A7 C C E � 00 d- 27 1/2" 698mmO �Rga�sii� 74 C �s9'9p0 : Q Lumenaire DMS50-70MH-SG3-VOLT-BKTX e1gr Description of Components: Hood: Spun aluminum 1100-0 dome, mechanically assembled on the luminaire. Reflector: Spun 1100-0 aluminum, mechanically assembled on the luminaire. Lens: Clear tempered glass lens, mechanically assembled on the lower part of the technical ring with brackets. Lamp:(not included), a use Start Metala i e Code WES orbulb, medium base. Optical System: (SG3), I.E.S. type III (asymmetrical). Reflector composed of a chemically brightened multi-faceted anodized aluminum, mounted on a white frame. This assembly permits for a-full rotation of the optical system in 90 degree increments. Ballast: High power factor of 90%. Primary voltage to be determined . Pulse Start Type. Lamp starting capacity -20°F(-300C)degrees. Assembled on a unitized removable tray with quick disconnect plug. Access-Mechanism: A die cast A380 aluminum technical ring with latch and hinge. The mechanism shall offer toolfree access to the inside of the luminaire.An embedded memory-retentive gasket shall ensure weatherproofing. Housing: In a round shape, this housing is made of cast 356 aluminum, c/w a watertight grommet, mechanically assembled to the bracket with four bolts 3/8-16 UNC. This suspension system permits for a full rotation of the luminaire in 90 degree increments. SPEC20050822_091021_41257_6.DOC 08-22-2005 Page 1 /4 • • j Bozeman Baxter Meadows (41257) Order No 88960 24» 640,Cur&Boivin 61 Ornrn Boisbdand(Quebec) i Canada,RG 2A7 Configuration i I I � E I M � t E E O 9�° y N U Q DD 1G� G�g�R 270° Type C Qty Bracket OM-IA-PH8NOLT-BKTX 2 .. Description of Components: Arm: Shall be made from two 6061-T6 aluminum tubes, 1 5/8"(41mm)outside diameter, welded. Central Tubing: Made of aluminum 6063-T6, 4"(102mm) outside diameter, complete with a tenon penetrating 12"(305mm) inside the nnle The tenon shall he mechanically fastened to the pole by two sets of three set-screws at 120 degrees around the pole. Bracket Options: (PH8NOLT),PH8 twist lock type photocell,_volts.Voltage to be determined. SPEC20050822_091021_41257_6.DOC 08-22-2005 Page 2 /4 • P� Bozeman Baxter Meadows (41257) Order No 88960 Base&Bolts Information Anchor Plate Free opening 6 -B.C.: 156mm 640,Cures-Boivin 10 1/2"(267mm) Boisbriand(Qu6bec) Canada,RG 2A7 3"(76mm) -Thickness:TM r~ 1 3/4"(19mm) e I. ,. NOTE: e Comes with 4 steel anchor bolts,3/4' Bolts Circle Allowed: X 24"+3",8 nuts and 8 washers. 8 3/4"@ 11 1/8" Important:Do not obstruct space 222mm @ 283mm between anchor plate and concrete 279mm base. �N�GtfiSR� oo� Type C tsa'gioo Qty Pole SM6F-17.5-BKTX �.9 Description of Components: Pole Shaft: Shall be made from a 4" (102mm) round high tensile carbon steel tubing, having a 0.125"(3.2mm)wall thickness,welded to the pole base. Joint Cover: Two-piece round joint cover made from cast 356 aluminum, mechanically E fastened with stainless steel screws. M u; v Pole Base: Shall be made from a 6 5/8" (168mm) round high tensile carbon steel 0 tubing base having a 0.180" (4.6mm) wall thickness, welded to both the bottom and top of the anchor plate. Maintenance Opening:The pole shall have a 4"x 9" (102mm x 229mm) maintenance opening centered 21" (533mm) from the bottom of the anchor plate, complete with a weatherproof cast 356 aluminum cover and a copper ground lug. Base Cover: Two pieces round base cover made from cast 356 aluminum, mechanically fastened with stainless steel screws. O E E N f7 r7 N 16"0 406mm SPEC20050822_091021 41257_6.DOC 08-22-2005 Page 3 /4 • P � i Bozeman Baxter Meadows (41257) Order No 88960 640,Cur&Boivin Boisbriand(Quebec) Canada,RG 2A7 Miscellaneous Description of Components: Wiring: Gauge(#14)TEW wires, 6"(152mm) minimum exceeding top of the bracket. Hardware: All exposed screws will be in stainless steel. All seals and sealing devices are made and/or lined with EPDM and/or silicone. Finish: Color to be black textured(BKTX).Application of a polyester powder coat paint. (4 mils/100 microns). The chemical composition provide a highly durable UV and salt spray resistant finish in accordance to the ASTM-6117-73 standard and humidity proof in accordance to the ASTM-D2247-68 standard. Note: IMPORTANT.All missing details must be clearly specified on the return of these approval drawings. VOLTAGE: Thank you for your cooperation. SPEC20050822_091021_41257_6.DOC 08-22-2005 Page 4 /4 Bozeman Baxter Meadows (41257) Order No 88960 640,Cure-Boivin Boisbriand(Quebec) Canada,J7G 2A7 \ E rn E � CC) (.0 � r- 27 1/2" 698mmO ENR��'�gtR� 0 9op Type B � .oo Qty 8 Luminaire DMS50-100MH-SG3-VOLT-BKTX �sstE�► Description of Components: Hood:Spun aluminum 1100-0 dome, mechanically assembled on the luminaire. Reflector: Spun 1100-0 aluminum, mechanically assembled on the luminaire. Lens: Clear tempered glass lens, mechanically assembled-on the lower part of the-technical ring.with brackets.. Lamp:(not'ineluded), 100 Watt Pulse-Start-Met-al"htarcte-(ANSI-Code M90 or MT40)—, ED­T7-bulb, medium base. Optical System: (SG3), I.E.S. type III (asymmetrical). Reflector composed of a chemically brightened multi-faceted anodized aluminum, mounted on a white frame. This assembly permits for a full rotation of the optical system in 90 degree increments. Ballast: High power factor of 90%. Primary voltage to be determined Pulse Start Type. Lamp starting capacity -20'F(--WCjdegrees. Assemble o3 n a unifized removable rayt wi gu—ic_k disconnect ug. Access-Mechanism: A die cast A380 aluminum technical ring with latch and hinge. The mechanism shall offer toolfree access to the inside of the luminaire.An embedded memory-retentive gasket shall ensure weatherproofing. Housing: In a round shape, this housing is made of cast 356 aluminum, c/w a watertight grommet, mechanically assembled to the bracket with four bolts 3/8-16 UNC. This suspension system permits for a full rotation of the luminaire in 90 degree increments. SPEC20050822_090957_41257_5.DOC 08-22-2005 Page 1 /4 Bozeman Baxter Meadows (41257) Order N° 88960 640,Curb-eoivin 610Mm Boisbriand(Qu6bec) i Canada,RG 2A7 Configuration i i (0 � i 0) i i 90° y U U ° ago 4° ENG�g�R 270° aot Type B �gpQOd. Qtv 8 Bracket OM-IA-PH8NOLT-BKTX 6�sT Description of Components: Arm: Shall be made from two 6061-T6 aluminum tubes, 1 5/8"(41mm)outside diameter, welded. Central Tubing:Made of-aluminum 6063-T6, 4"(102mm)outside diameter,-complete with a tenon penetrating 12"(305mm) inside-the-pole.She_tenon-shalLbemechanically fastened to the pole two sets of three set-screws at 120 degrees around the pole. Bracket Options: (PH8NOLT),PH8 twist lock type photocell,_volts.Voltage to be determined. SPEC20050822_090957_41257_5.DOC 08-22-2005 Page 2 /4 b Bozeman Baxter Meadows (41257) Order No 88960 Base&Bolts Information Anchor Plate Free opening 6 1/8"0 -B.C.: 156mm 640,Cur&-Boivin 10 1/2"(267mm) Boisbriand(Qu6bec) Canada,RG 2A7 3"(76mm) '~ -Thickness: 3/4"(19mm) NOTE: �--' Comes with 4 steel anchor bolts,3/4' Bolts Circle Allowed: 8 3/4"Q 11 1/8" X 24"+3",8 nuts and 8 washers. 8 3/4' 283mm Important:Do not obstruct space @ t t'Rf between anchor plate and concrete 279rnm base. �N Type B t$000v Qty 8 Pole SM6F-17.5-BKTX a�sz ° Description of Components: Pole Shaft: Shall be made from a 4" (102mm) round high tensile carbon steel tubing, having a 0.125"(3.2mm)wall thickness,welded to the pole base. Joint Cover:Two-piece round joint cover made from cast 356 aluminum, mechanically E fastened with stainless steel screws. M v Pole Base: Shall be made from a 6 5/8" (168mm) round high tensile carbon steel tubing base having a 0.180" (4.6mm) wall thickness, welded to both the bottom and top of the anchor plate. Maintenance Opening:The pole shall have a 4"x 9"(102mm x 229mm) maintenance opening centered 21" (533mm) from the bottom of the anchor plate, complete with a weatherproof cast 356 aluminum cover and a copper ground lug. Base Cover: Two pieces round base cover made from cast 356 aluminum, mechanically fastened with stainless steel screws. E E N M M • N 16"0 406mm SPEC20050822_090957_41257_5.DOC 08-22-2005 Page 3 /4 Bozeman Baxter Meadows (41257) Order No 88960 e 640,Cur&Bohn Boisbdand(Qudbec) Canada,RG 2A7 Miscellaneous Description of Components: Wiring:Gauge(#14)TEW wires,6"(152mm) minimum exceeding top of the bracket. Hardware: All exposed screws will be in stainless steel. All seals and sealing devices are made and/or lined with EPDM and/or silicone. Finish: Color to be black textured (BKTX).Application of a polyester powder coat paint. (4 mils/100 microns). The chemical composition provide a highly durable UV and salt spray resistant finish in accordance to the ASTM-13117-73 standard and humidity proof in accordance to the ASTM-132247-68 standard. Note: IMPORTANT:All missing details must be clearly specified on the return of these approval drawings. VOLTAGE: Thank you for your cooperation. SPEC20050822_090957_41257_5.DOC 08-22-2005 Page 4 /4 Bozeman Baxter Meadows (41257) Order No 88960 640,Cur&Boivin Boisbriand(Quebec) Canada,RG 2A7 rn E � 00 Q0 27 112" 698mmb on Qty_ -¢a Lumenaire DMS50-175MH-SG3-VOLT-BKTX - 00 Description of Components: food: Spun aluminum 1100-0 dome, mechanically assembled on the luminaire. Reflector:Spun 1100-0 aluminum, mechanically assembled on the luminaire. Lens:Clear tempered glass lens, mechanically assembled on the lower part of the technical ring with brackets. Lamp:(not included), 175 Watt Metal halide(ANSI Code M57), ED 28 bulb,mogul base. Optical System: (SG3), I.E.S. type III (asymmetrical). Reflector composed of a chemically brightened multi-faceted anodized aluminum, mounted on a white frame. This assembly permits for a full rotation of the optical system in 90 degree increments. _Raltast:-High-power--factor-of-900/a-.-Primary vol age to be determined Lamp starting capacity -20°F(-300C) degrees. Assembled on a unitized removable tray with quick disconnect plug: Access-Mechanism: A die cast A380 aluminum technical ring with latch and hinge.. The mechanism shall offer toolfree access to the inside of the luminaire.An embedded memory-retentive gasket shall ensure weatherproofing. Housing: In a round shape, this housing is made of cast 356 aluminum, c/w a watertight grommet, mechanically assembled to the bracket with four bolts 3/8-16 UNC. This suspension system permits for a full rotation of the luminaire in 90 degree increments. SPEC20050822_090942_41257_4.DOC 08-22-2005 Page 1 /4 Bozeman Baxter Meadows (41257) Order No 88960 24" 640,Cur&Boivin 610M M Boisbdand(Quebec) Canada,RG 2A7 Configuration M � E rn i i 90° � a U ec 00 ° eKG�gt4et 270° Type A C %s�fl9oa' .. Qty Bracket OM-IA-PH8NOLT-BKTX ;o Description of Components: Arm: Shall be made from two 6061-T6 aluminum tubes, 1 5/8"(41 mm)outside diameter, welded. Central Tubing: Made of aluminum 6063-T6,4" (102mm)outside diameter, complete with a tenon penetrating 12" (305mm) inside the pole. The tenon shall be mechanically fastened to the pole by two sets of three set-screws at 120 degrees around the pole. Bracket Options: PH8NOL PH8 twist lock( T), type photocell,_volts. Voltage to be determined. SPEC20050822 090942 41257 4.DOC 08-22-2005 Page 2 /4 Bozeman Baxter Meadows (41257) Order No 88960 Base&Bolts Information Anchor Plate Free opening 6 (3.C.. 156mm Bois Cure BQu6 101/2"(267mm) Boisbriand(Quebec) Canada,RG 2A7 73 6mm) -Thickness: [* 1 3/4"(19mm)il . '; -.] r .' NOTE: Comes with 4 steel anchor bolts,3/4 Bolts Circle Allowed: -__ X 24"+3",8 nuts and 8 washers. 8 3/4"@ 11 1/8" Important:Do not obstruct space 222mm @ 283mm i •� between anchor plate and concrete 279mm base. EM Type A t$o-,n o.. Qty Pole SMSF-20-BKTX a �g� RP Description'of Components: Pole Shaft: Shall be made from a 4" (102mm) round high tensile carbon steel tubing, having a 0.125"(3.2mm)wall thickness,welded to the pole base. Joint Cover:Two-piece round joint cover made from cast 356 aluminum, mechanically o fastened with stainless steel screws. v Pole Base: Shall be made from a 6 5/8" (168mm) round high tensile carbon steel tubing base having a 0.180" (4.6mm) wall thickness, welded to both the bottom and N top of the anchor plate. Maintenance Opening:The pole shall have a 4"x 9" (102mm x 229mm) maintenance opening centered 21" (533mm) from the bottom of the anchor plate, complete with a weatherproof cast 356 aluminum cover and a copper ground lug. Base Cover: Two pieces round base cover' made from cast 356 aluminum, mechanically fastened with stainless steel screws. 0 . E E M N 16"m 406mm SPEC20050822_090942_41257_4.DOC 08-22-2005 Page 3/4 � 5 Bozeman Baxter Meadows (41257) Order No 88960 640,Cur&Boivin Boisbriand(Quebec) Canada,RG 2A7 Miscellaneous Description of Components: Wiring: Gauge(#14)TEW wires, 6"(152mm) minimum exceeding top of the bracket. Hardware: All exposed screws will be in stainless steel. All seals and sealing devices are made and/or lined with EPDM and/or silicone. Finish: Color to be black textured (BKTX).Application of a polyester powder coat paint. (4 mils/100 microns).The chemical composition provide a highly durable UV and salt spray resistant finish in accordance to the ASTM-6117-73 standard and humidity proof in accordance to the ASTM-D2247-68 standard. Note: IMPORTANT.All missing details must be clearly specified on the return of these approval drawings.. VOLTAGE: Thank you for your cooperation. 5 SPEC20050822_090942_41257_4.DOC -. 08-22-2005 Page 4 /4 i Bozeman Baxter Meadows Order No 88960 2.4" 640,Cure-Boivin 610MM Boisbriand(Quebec) i Canada,RG 2A7 Configuration so° y U U O Q OD 400o SRC RNREG15 •:2 0' C �yoo°°o Q 1 Bracket OM-IA-PH8/240 tEREO RRGfS Description of Components: Arm: Shall be made from two 6061-T6 aluminum tubes, 1 5/8" (41 mm)outside diameter, welded. Central Tubing: Made of aluminum 6063-T6, 4" (102mm) outside diameter, complete with a tenon penetrating 12" (305mm) inside the pole. The tenon shall be mechanically fastened to the pole by two sets of three set--screws at 120 degrees around the pole. Bracket Options: (PH8/240),PH8 twist lock type photocell, 240 volts. SPEC20050901 133740 10361 1 09-01-2005 Page 1 / 2 Am Bozeman Baxter Mdows Order N° 88960 r 640,Curb-Boivin Boisbdand(Quebec) Canada,RG 2A7 Miscellaneous Description of Components: Wiring: Gauge (#14)TEW wires, 6" (152mm) minimum exceeding the bracket. Hardware: All exposed screws will be in stainless steel. All seals and sealing devices are made and/or lined with EPDM and/or silicone. SPEC20050901 133740 10361 1 09-01-2005 Page 2 / 2 DEVELOPMENT October 3, 2005 Robin Sullivan Clerk of the Commission City of Bozeman P.O. Box 1230 Bozeman, Mt 59771-1230 RE. Baxter Meadows Sub-Phases 2A, 2B, 2C& 2D SILD Dear Ms. Sullivan: Please review the attached SILD request submitted by PC Development on behalf of Baxter Meadows Development, L.P. The undersigned being one hundred percent (100%) of the owners of the real property as shown on Exhibit A, Baxter Meadows Planned Unit Development Phase 2 Special Improvement Lighting District, located in the City of Bozeman, County of Gallatin, State of Montana, petition this Commission, pursuant to its Special Improvement Lighting District Policy, and pursuant to applicable provisions of state law, to create a Special Improvement Lighting District for the purpose of making lighting improvements herein. The following information is provided: 1. Number/Type of lighting fixtures: Number: Type: 5 175-MH-DMS50-SG3-V-OM1A (175 watt Metal Halide) 31 1 00-MH-DMS50-SG3-V-OM1 A (100 watt Metal Halide) 1 70-MH-DMS50-SG3-V-OM1A ( 70 watt Metal Halide) 2. Number/Type/ Height of poles: Number: Type: Height: Finish: 5 SM6F • 20' BKTX 32 SM6F 18' BKTX 3985 Valley Commons Drive Bozeman,MT 59718 (406)586-9922 0 FAX(406)586-9921 0 • 3. Electrical/ Maintenance cost per fixture per month: 175-MH-DMS50-SG3-V-OMIA-SM6F-20-BKTX $41.58 per light x 5 = $ 207.90 100-MH-DMS50-SG3-V-OMIA-SM6F-18-BKTX $39.05 per light x 31 = $1,210.55 70-MH-DMS50-SG1-V-OMIA-SM6F-18-BKTX $38.13 per light x 10 = $ 38.13 4. Total Square Footage of area to be assessed (to be prepared by applicant's engineer): 47.37 Acres 5. Exhibit "A", a map showing the boundaries of the district and the location of lights. Include street names (i.e. Lot 1 Block 1) and the lot boundaries and lot numbers. Do not show the square footage of lots. See Exhibit A attached. 6. Exhibit"B", legal description of the boundary of the district. See Exhibit B attached. 7. Exhibit "C" a list of the property owners and their addresses of all properties within the district. Includes contracts for deeds and anyone with interest in the property. See Exhibit C attached. Please place the Petition on the City Commission agenda as soon as possible. If you have any questions, please contact us. Sincerely, Harley Huesti PC Development Document Exhibit B - Legal Descriptions Exhibit C -Property Owners List Site Lighting & Pole Base Detail Lighting Vendor-Cut Sheets Phase 2 -Sub-Phasing Plan Phase 2-Lighting Plan Sub-Phase 2A-Final Plat Sub-Phases 2C & 2D - Final Plat EXHIBIT B - Legal Descriptions Sub-Phase 2A - Plat Situated in the South 1/2 of Section 34, Township 1 South, Range 5 East, P.M.,M. and the Northwest '/a of Section 3, Township 2 South, Range 5 East, P.M.,M., Gallatin County, Montana and being part of Tracts 2A, 3A and 4A of COS 2202A conveyed to Baxter Meadows Development, L.P., being more particularly described as follows: Commencing at the Southeast corner of section 34; thence South 89041'57" West 1150.00 Feet; Thence South 00018'03" East 50.00 Feet to the point of Beginning of Phase IIA; Thence South 89041'57" West 499.31 Feet along Tract 4A and 3A (COS 2202A); Thence the following two (2) courses along the easterly line of Baxter Meadows Subdivision P.U.D. Phase 1; 1. North 00°18'03" West, 760.00 Feet; 2. South 89042'47" West, 107.50 Feet; Thence the following four (4) courses through Tract 2A (COS 2202A); 1. North 05008'28" West, 455.35 Feet 2. North 89047'25" East, 240.23 Feet 3. North 14023'54" East, 16.16 Feet 4. North 89041'57" East, 400.90 Feet Thence South 00018'03" East, 1229.00 Feet Through Tract 2A and 4A (COS 2202A) to the point of beginning containing 15.372 Acres of land, more or less, all as shown on the attached drawing (Attachment A) and made part of this legal description and is subject to all easements and right of way of record. Sub-Phases 2B, C & D - Plat Two parcels of land, said parcels being portions of Tract 2A of Certificate of Survey No. 2202A, said parcels being located in the Southeast Quarter and in the Southwest Quarter of Section 34, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, and being more particularly described as follows: SUB-PHASE 2B: Beginning at the northwest corner of Linear Park of the Final Plat of Baxter Meadows, Phase IIA, said corner being a point on the centerline of an existing irrigation ditch; thence northerly along the centerline of said ditch, said centerline being approximately dimensioned by the following 8 courses: North 03057'17" West, a distance of 100.31 feet; North 01131'51" East, a distance of 80.56 feet; North 27052'13" East, a distance of 87.85 feet; North 39029'45" East, a distance of 106.74 feet; North 17055'37" East, a distance of 51.87 feet; North 01019'34" West, a distance of 100.29 feet; North 04031'49" East, a distance of 41.93 feet; North 14004'05" East, a distance of 108.70 feet; thence North 89041'57" East, a distance of 213.08 feet; thence along a non- tangent curve to the right with an arc length of 152.38 feet, a radius of 270.00 feet, a delta angle of 32020'09", a chord bearing of South 01046'10" East, and a chord length of 150.36 feet; thence South 14023'54" West, a distance of 487.11 feet to the northwest corner of the right of way at the intersection of Galloway Street and Vaquero Parkway as dedicated in said Phase IIA plat; thence South 14030'13" West, along the westerly line of said Vaquero Parkway, a distance of 16.15 feet; thence South 89047'34" West, along the north line of said Linear Park, a distance of 240.12 feet to the Point of Beginning. Phase 2B contains 3.677 acres, more or less. SUB-PHASES 2C & 2D: Beginning at the northwest corner of Linear Park of the Final Plat of Baxter Meadows, Phase IIA; thence South 05007'47" East, along the easterly line of said park, a distance of 455.42 feet to the north line of Equestrian Lane as dedicated on the Final Plat of Baxter Meadows Subdivision P.U.D. Phase I; thence South 89041'57" West, along said north line, a distance of 1265.26 feet; thence North 00017'46" West, along the easterly line of Private Open Space B of said Phase I plat and along the northerly extension of said easterly line, a distance of 1022.00 feet; thence North 89041'57" East, a distance of 433.30 feet to the east line of a Public Street and Utility Easement for Ferguson Avenue as recorded on Document #2103143; thence South 00020'56" West, along said east line, a distance of 568.04 feet; thence North 89041'57" East, a distance of 749.63 feet; thence North 89055'18" East, a distance of 50.35 feet to the Point of Beginning. Phases 2C & 2D, as a single parcel, contains 18.595 acres, more or less. The described parcels are along with and subject to any existing easements. The described parcels will be as shown on a forthcoming final plat. EXHIBIT C LISTING OF PROPERTY WITHIN DISTRICT WITH ESTIMATED ASSESSMENTS BAXTER MEADOWS SUBDIVISION - SUB-PHASE 2A Name Address Legal Description S . Ft . Estimated Assess Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 1, Block 16 18,366.52 $0.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 2, Block 16 10,757.84 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 3, Block 16 15,403.53 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 4, Block 16 12,390.40 • Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 5, Block 16 13,391.40 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 6, Block 16 14,092.28 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 7, Block 16 13,076.42 Subtotal 16 97,478.39 Darrell Swanson 3701 Trakker Trail Unit 1 C Bozeman, MT Lot 1, Block 18 5,056.33 59718 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 2, Block 18 5,406.77 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 3, Block 18 6,023.54 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 4, Block 18 5,907.40 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 5, Block 18 5,289.62 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 6, Block 18 5,288.15 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 7, Block 18 6,505.83 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 8, Block 18 6,505.83 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 9, Block 18 8,051.97 Sven Allberg-Trakker Building 3701 Trakker Trail Bozeman, MT 59718 Lot 10, Block 18 19,111.49 Subtotal 18 73,146.93 Owners Assoc Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 1, Block 20 5,135.15 . Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 2, Block 20 5,734.85 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 3, Block 20 6,711.14 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 4, Block 20 4,956.40 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 5, Block 20 5,474.16 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 6, Block 20 5,474.16 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 7, Block 20 5,311.85 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 8, Block 20 5,679.95 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 9, Block 20 6,327.55 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 10, Block 20 6,204.58 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 11, Block 20 5,557.06 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 12, Block 20 5,557.06 Subtotal 20 68,123.91 238,749.23 $0.00 238,749.23 EXHIBIT C BAXTER MEADOWS SUBDIVISION - SUB-PHASE 2B Name Address Legal Description S . Ft . Estimated Assess Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 1, Block 15 293,933.00 $0.00 293,933.00 $0.00 BAXTER MEADOWS SUBDIVISION -SUB-PHASE 2C • Name Address Legal Description S . Ft . Estimated Assess Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 1, Block 9 6,599.84 $0.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 2, Block 9 6,559.13 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 3, Block 9 6,559.66 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 4, Block 9 7,138.07 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 5, Block 9 7,138.70 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 6, Block 9 7,139.34 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 7, Block 9 7,139.97 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 8, Block 9 7,140.61 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 9, Block 9 7,141.24 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 10, Block 9 7,141.87 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 11, Block 9 7,225.03 Subtotal 9 76,923.46 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 1, Block 10 6,107.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 2, Block 10 9,062.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 3, Block 10 8,372.50 0 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 4, Block 10 8,372.50 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 5, Block 10 9,062.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 6, Block 10 6,107.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 7, Block 10 6,270.43 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 8, Block 10 9,224.04 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 9, Block 10 8,436.77 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 10, Block 10 8,325.74 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 11, Block 10 8,918.92 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 12, Block 10 5,956.35 Subtotal 10 94,215.24 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 1, Block 11 9,406.72 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 2, Block 11 9,406.75 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 3, Block 11 9,406.75 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 4, Block 11 9,406.73 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 5, Block 11 9,601.48 EXHIBIT C Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 6, Block 11 9,491.30 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 7, Block 11 9,381.10 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 8, Block 11 9,270.88 Subtotal 11 75,371.71 246,510.41 $0.00 246,510.41 BAXTER MEADOWS SUBDIVISION - SUB-PHASE 2D Name Address Legal Description S . Ft . Estimated Assess Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 1, Block 12 5,330.09 $0.00 • Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 2, Block 12 5,358.49 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 3, Block 12 5,386.88 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 4, Block 12 5,415.28 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 5, Block 12 5,443.67 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 6, Block 12 5,452.14 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 7, Block 12 9,664.86 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 8, Block 12 3,502.28 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 9, Block 12 3,240.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 10, Block 12 3,240.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 11, Block 12 5,250.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 12, Block 12 5,250.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 13, Block 12 5,250.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 14, Block 12 5,250.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 15, Block 12 5,250.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 16, Block 12 5,411.69 Subtotal 12 83,695.3 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 1, Block 13 3,102.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 2, Block 13 2,772.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 3, Block 13 2,772.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 4, Block 13 2,757.69 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 5, Block 13 5,648.16 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 6, Block 13 2,690.28 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 7, Block 13 2,772.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 8, Block 13 2,772.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 9, Block 13 2,772.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 10, Block 13 2,772.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 11, Block 13 2,670.77 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 12, Block 13 4,691.42 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 13, Block 13 2,933.74 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 14, Block 13 3,024.01 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 1 Lot 15, Block 13 3,024.01 EXHIBIT C Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 16, Block 13 3,384.01 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 17, Block 13 2,478.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 18, Block 13 2,478.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 19, Block 13 2,966.70 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 20, Block 13 2,814.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 21, Block 13 2,814.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 22, Block 13 2,814.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 23, Block 13 2,966.71 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 24, Block 13 2,478.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 25, Block 13 2,478.00 Subtotal 13 74,845.49 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 1, Block 14 16,457.53 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 2, Block 14 16,457.50 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 3, Block 14 16,457.50 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 4, Block 14 15,350.43 Subtotal 14 64,722.96 223,263.84 $0.00 223,263.84 EXHIBIT C LISTING OF PROPERTY WITHIN DISTRICT WITH ESTIMATED ASSESSMENTS BAXTER MEADOWS SUBDIVISION - SUB-PHASE 2A Name Address Legal Description S . Ft . Estimated Assess Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 1, Block 16 18,366.52 $0.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 2, Block 16 10,757.84 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 3, Block 16 15,403.53 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 4, Block 16 12,390.40 • Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 5, Block 16 13,391.40 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 6, Block 16 14,092.28 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 7, Block 16 13,076.42 Darrell Swanson 3701 Trakker Trail Unit 1C Bozeman, MT Lot 1, Block 18 5,056.33 59718 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 2, Block 18 5,406.77 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 3, Block 18 6,023.54 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 4, Block 18 5,907.40 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 5, Block 18 5,289.62 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 6, Block 18 5,288.15 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 7, Block 18 6,505.83 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 8, Block 18 6,505.83 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 9, Block 18 8,051.97 Sven Allberg-Trakker Building 3701 Trakker Trail Bozeman, MT 59718 Lot 10, Block 18 19,111.49 Owners Assoc Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 1, Block 20 5,135.15 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 2, Block 20 5,734.85 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 3, Block 20 6,711.14 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 4, Block 20 4,956.40 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 5, Block 20 5,474.16 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 6, Block 20 5,474.16 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 7, Block 20 5,311.85 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 8, Block 20 5,679.95 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 9, Block 20 6,327.55 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 10, Block 20 6,204.58 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 11, Block 20 5,557.06 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 12, Block 20 5,557.06 238,749.23 $0.00 EXHIBIT C BAXTER MEADOWS SUBDIVISION - SUB-PHASE 2B Name Address Legal Description S . Ft . Estimated Assess Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 1, Block 15 293,933 $0.00 293,933 $0.00 BAXTER MEADOWS SUBDIVISION - SUB-PHASE 2C Name Address Legal Description S . Ft . Estimated Assess • Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 1, Block 9 6,600 $0.00 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 2, Block 9 6,559 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 3, Block 9 6,560 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 4, Block 9 7,138 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 5, Block 9 7,139 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 6, Block 9 7,139 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 7, Block 9 7,140 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 8, Block 9 7,141 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 9, Block 9 7,141 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 10, Block 9 7,142 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 11, Block 9 7,225 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 1, Block 10 6,107 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 2, Block 10 9,062 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 3, Block 10 8,373 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 4, Block 10 8,373 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 5, Block 10 9,062 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 6, Block 10 6,107 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 7, Block 10 6,279 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 8, Block 10 9,237 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 9, Block 10 8,449 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 10, Block 10 8,338 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 11, Block 10 8,932 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 12, Block 10 5,965 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 1, Block 11 9,407 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 2, Block 11 9,407 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 3, Block 11 9,407 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 4, Block 11 9,407 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 5, Block 11 9,616 EXHIBIT C Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 6, Block 11 9,506 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 7, Block 11 9,396 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 8, Block 11 9,286 246,638 $0.00 BAXTER MEADOWS SUBDIVISION - SUB-PHASE 2D Name Address Legal Description S . Ft . Estimated Assess Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 1, Block 12 5,323 $0.00 • Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 2, Block 12 5,351 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 3, Block 12 5,379 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 4, Block 12 5,408 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 5, Block 12 5,436 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 6, Block 12 5,445 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 7, Block 12 9,651 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 8, Block 12 3,502 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 9, Block 12 3,240 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 10, Block 12 3,240 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 11, Block 12 5,250 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 12, Block 12 5,250 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 13, Block 12 5,250 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 14, Block 12 5,250 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 15, Block 12 5,250 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 16, Block 12 5,412 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 1, Block 13 3,102 • Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 2, Block 13 2,772 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 3, Block 13 2,772 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 4, Block 13 2,758 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 5, Block 13 5,648 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 6, Block 13 2,690 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 7, Block 13 2,772 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 8, Block 13 2,772 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 9, Block 13 2,772 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 10, Block 13 2,772 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 11, Block 13 2,671 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 12, Block 13 4,691 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 13, Block 13 2,934 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 14, Block 13 3,024 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 15, Block 13 3,024 EXHIBIT C Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 16, Block 13 3,384 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 17, Block 13 2,478 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 18, Block 13 2,478 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 19, Block 13 2,967 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 20, Block 13 2,814 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 21, Block 13 2,814 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 22, Block 13 2,814 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 23, Block 13 2,967 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 24, Block 13 2,478 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 25, Block 13 2,478 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 1, Block 14 16,458 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 2, Block 14 16,458 •; Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 3, Block 14 16,458 Baxter Meadows Development, L.P. P.O. Box 81487, Billings, MT 59108-1487 Lot 4, Block 14 15,350 223,205 $0.00 S.F. 1,002,524.68 Acres 23.01 • LUMEC PH8 PHOTO CELL POLE BASE LUMEC OM1A BRACKET ANCHOR B - SIZE AND PA N BY MANUF. CO ETE SIDEWALK I LUMEC MH-DMS50 1" CHAMFER IF BASE LIGHT FIXTURE NOT CONSTRAINED I :LUMEC SG CUT-OFF 1� REFLECTOR r 2 ; ... 2" PVC CONDUIT FOR o p Q G UND CONDUCTOR H 0 .�' • . SWEE CONDUIT LONG 0 RISERS r\ LUMEC SM6F POLE i J TEXTURED o IJ 4-#5'S ERTICAL SPACED VENLY mj W v H - 4 -6" IF TOP IS ONSTRAINED BY CONCRETE OR A PHALT LUMEC DECORATIVE 18 'H' - 6'-0" IF TOP IS N T CONSTRAINED BASE - TEXTURED ! DIA. 24" DIA. BASE - 'H' - S-8" IF TOP IS CON TRAINED BY CONCRETE OR ASPH LT 'H' - 5-0" IF TOP IS NOT C NSTRAINED SITE LIGHTING - POLE AND BASE /4 1 "= 1 '-0" 1 /2"_ 1 '-0" CNCI 0201S1-2SL COLLABORATIVE SITE LIGHTING 22 JAN 04 THESE DoeuY[NTS.IN vARt OR a OF AND"THE DL90N THEY BARTER MEADOWS ARCHITECTS. ARE THE SOUS PROPERLY DESIGN Oi COLL/16C RE T DES"LE INTENDED F THE PROJECT O ARE BOZEMAN SITE FOR THE PROJECT ON THE ORE INDICATED ANY USE, ARCHITECTS Z REPRESS WRITTEN N CONSENT O OR SL1 OR AOAPanoN wm+ouT THE PRESS wRRTnI coNSENr of COLLABORATIVE DESIGN ARCHITECTS 2280 GRANT ROAD o SUITE C o PO BOX 80467 o BILLINGS, MT.99108-0467 IS STRICTLY PRONIBREO. © 2003 (400) 248-3443 u FAX (406) 248-3765 0 E—MAIL, CONCEPTS*WTP.NET 0 2 01 5 DIA. LIGHT P ECT #6 GROUND TO LUG (BASE COVER N SHOWN) ME PLATE BY OTHERS WITH 14" DIA. FOR AAL FIXTURE GALV. NUTS AND WASHERS 12" DIA. FOR GREENLEE FIXTURE T.O.CONCRETE_ ELEV. PER SITE PLAN n '� :A�;yi\•" Chi ii�::—t',iY,.•�.�j;l,,,-\1,j BUSHING END �`' FINISHED GRADE (may be concrete or landscaped are rtr;;l—NATURAL UNDISTURBED 1 1 4 PVC SHD 40 SOIL OR COMPACTED LONG SWEEP CONDUIT RISERS : i>; r:;, BACKFILL (2'-0" BURY) #6 COPPER GROUND S ���- 1/2u PVC CONDUIT FOR GROUND CONDUCTOR (4) 3/4" DIA. ANCHOR BOLTS n j777 EMBEDDED 2 —6 MIN. INTO 3/4" DIA. X 10' CONCRETE (SEE ANCHOR PATTERN) :. 3" CL. LONG COPPER CLAD -0 , GROUND ROD #3 HOOPS @ SONOTUBE OR 12" O.C. MAX. : CAST—IN—DRILLED HOLE CONCRETE PIER (6)#4 BARS EVENLY SPACED LIGHT POLE FOUNDATION_ (FOR AAL FIXTURE OR GREENLEE FIXTURE) (4) 3/4" DIA. 1 '-6" DIA. ANCHOR BOLTS C� a CONCRETE PIER j �10" DIA. FOR AAL FIXTURE (6)#4 BARS 8" DIA. FOR GREENLEE FIXTURE ' 4�'°' EVENLY SPACED (USE MANUFACTURERS •:`~ y.. BASEPLATE TEMPLATE TO SET) #3 HOOPS 12" O.C. MAX. ANCHOR PATTERN. PIER SECTION. 0 2' 4' I I I S C A L E TDBc 1 z'HOMAs,DEAN&HOSIENS,INC. ENGINEERING CONSULTANTS GREAT FALLS—SOZEMAN—KAUSPELL—HELENA MONTANA SPOKANE WASHINGTON LEWISfON IDAHO BIG SKY TOWN CENTER DRAWN BY: WAa DATE „-%" LIGHT POLE FOUNDATION DMGNEDBY' NEC JOB NM � �" " SHEET 1 OF 1 QUALr Y CHECK CAD NO. .DWO •\o° KIMBERWICKE ST. KIMBERWICKE ST. \�JJ asssawtace steer �1 v.w -T I RAWHIDE STI a a .• a C = = 7 G a.. - U. _ ee • a a a ° w i• a PHAZLRD cruL y 5,EC �. \d� `�' GALLOWAY ST• cnu Y sir 15 • -o: "s n DI DCIt 33 3 t ° a a b pfwr.b� \\\ EQUESTRIAN LAME • • •\oo \� •EQUESTSN LANE •\�000 \\\\\\\\\\\\\ \\\\\\\\\\\\\\ \\\ ui i i Y i i ° < Q Z C ° LJL O OJ J U) LL1 Q Q i i _ Ll Q U U i i SYMBOL TOTAL TYPE CATALOG ARM HEADS HEIGHT CONFIG. TRAKKE&TRAIL STRE� • LAMP FIXT. LENSE ARM POLE/HT. FIN. • `� _ = j j 5 P1 175—MH—OMS50—SG3—V—OMIA—SM6F-20—BKTX 2' 1 20' STAGGERED LAW- 0 lol� P _ 31 Pt 100—MH—DMS50—SG3—V—OMIA—SM6F-18—BKTX 2' 1 17.5' STAGGERED rnJQ� �� • 1 P1 70—MH—OMS50—SG1—V—OMIA—SM6F-18—BKTX 2' 1 17.5' STAGGERED v rj • EXST. PH. 1 P1 100—MH—OMS50—SG3—V—OMIA—SM6F-18—BKTX 2' 1 17.5' STAGGERED BAXTER MEADOWS PHASE 2A, 2B , 2C, & 2D � �\15 • \1 STREET LIGHT SITE PLAN 6AXTER LANE10/3/05 ORIGINALLY PREPARED BY COLLABORATIVE DESIGN ARCHITECTS — MODIFIED BY PC DEVELOPMENT (PHASE 2C/D) SCALE: 1"=200' + o + too' I I 5 i PLAT OF BAXTER MEADOWS SUBDIVISION, PHASES 2C & 2D cr annua Or rxoc.rlOx co,deNr or NOIeTc.cz crsl TWO PARCELS OF LAND, BEING PORTIONS OF TRACE 2A OF CERTIFICATE OF SURVEY NO. 2202A, q.e), fate ulId10ghGd mprr4o4rt(B)oranwNbra rlteq do nere0y Teat " and I(we). the Wda'agnod /roflorly evror(e).de hereby ea fly that I(W) LOCATED IN rHE SOUTHEAST QUARTER AND IN THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 1 SDUTH, RANGE 5 EAST. P•M.M,. careen le the deecrbed de,,ro_.ira n'I,(a-)r. 16. 1« .lame or rove ;-zed to OC aal.eyea.5000460 MO Plotted WO lot%obCke. OroYTDrtYlet. 00 to oar portlao of nq land.nor,amng I4atled"te blr t% ctrwtq ono dloys,and n110I 6US;0 :oar dldeardht,dP'no- by fro CITY OF BOZEMAN. GALLATIN COUNTY, MONrANA MveA laOr4s,M oTh-w�area..h;ch or.d.dcol.d to Th.CH,At Clot hereunto lhauaea. The foloNlp alecr000 tract of tend to-.a: I f3ozem Dn IOC late P1AYC We an,MTOynlenL Doled tn;._ de, ./ 200 DESCRIPTIONS GALLOWAY STREET rro parted at two. sold pore W3 berg portgeb of TrIKt 2A D1 Certificate of $Wey No.2202A,Seed �----•-------- - ,lap•,v["---•-_--- I FI TtST INTERSTATE BANG ppoO •.uIII n.1ee M tat•So,eroal 0111- ro,n u.e so,tri-ea C,1111, or 3-rM 31. ro.rcavp t SBRIt'STY gnoilve SOUK,17enge 5 Ca N.P,N..„OILY o1 B°zernan.°OW.d;n C.UMY. WOMWII,and be'np more parrs Dory It -�------ 9 1 dw a..a w IDe P..a: I 1 ,� iMetl _and Title Prose 7r IMeer Pnr.: II ell tY I 218 ` .l. +AD I .). ' Ii,r I.0 .m10' f ' a Bepnnng d the norTrueat cwftr of U1ear Par" Of tn*final Rat 01 Baxter Wadava.Pha.e a•. Ooltl -"""'�'�-�-�-"'--------""' I 1 STATE D( cear b m A pant a.The ceele,E,w, 1 on•,adore:lrporon loch;tn-,.n.dhwly dOro tn. GCIK1v�hp r•' I I a g COlnly DI Ntllaa of said alien.ona Certterin•Do"approgmolerr orrglCbrlW by Inc foloWing a tout.te: B 1 Y Il 8 '>Q Q ^ A ua3 v of Sell)Y S I 1� D 2 3 y 2)Sf tr pp 5 9 I O.ins_soy n 200_.node ro the uroers4 ra 03'9717o Well.a ole-le d 100.]l feet: Nayh 01'31'31'[oY.O drat 1t.of m.36 fart;Nash I I I lam n 4>; 2))2 s .' inf s R 51HOW .ri ! B NAI ,PJdt far n$lab c, .P ac ally 4Wa'.d 7T52'13'E051.a datonee of 87M fat: North 39'2W W Cast.0 distance of 100.74 fact:North � �r 19 well, zf[ . a rro . n rRST ea*cRswe pA"1 t V65'37-Can,o dttahre of 51,87 NN;Nance O7't 0'34-woes,a d'etane•of t00,79 feet;North a.••1'SN T••. 98P.1Yrl. I s a n°Tl\ I one 1ro pe ...nee ro,ro'e e„eea,fae ,e the VI.;;lrev.h.n+one 04.31.40'Ecef. P d:ela.c.01 41.93 (eel: Ne,lh 14v34'05'Cod•1 ddorc..! 108.70 far; I '�)• •k ('" 1O'im -�• x a 'I. \ Td11T32V oc4 fledged 1°m.d.d he--.led the.:/14.;r,.trrrr.ra for Orel on M,dl./ )),�' N.lo a ..,m � 41,Od "' � C,a FIRST IN7[RSLAfE Ihsnt0 North 8841'SP E.W. d;SIMC/al 213.OB felt MWO abrq a can-IGrOMl e,rvo to the ' ` ,.),,i aer•'•v'v 1N 2 S 32 �- I ,!Y•1'S7'E ! �L,T I m)N[LS r,KRC�.I.oe hen. °.•t rat,roro arcs dn.ee m,Nnend L°I M .:�.f on O,,le,91h o1 152,32 f.el.a rod,,.of 270.00 l.N,o dlrlo aNl,d 3220'OW',o chard I � !3L S I� S27D s a( rp�- a " St R -' I.T.I.'---' .• oy site Yost Ilral°Dove vrllI- bea'r,p of 50oln Ol`49'10�Eoal.oar o anoro length o1 M-36 feet v-ee South 1423'34"WCSL o dLLorc•o! 48ZII reel 1.Th.north-1 .-- ./the r;q%4 Or-.l the iHar•.c/'o.ef Celoeoy I 'CLAOC_ _ACOi___ }2,ppC____--�o fill) E S"..l Oro facp_oa"..oy a°bkat-,n ulo Prose A! Plo,: an•rce Smth 1••]O',]"e.ar,OWN ,•p.f,y„ se•f,.ry I �__ scats tl I Natory O.e Or the tale of nap P,;Ned MN+,,.,e the rgtdry 1'"e of S9d VO4 tkf0 Pa4.roy.°ceatOhCe ol 1a13/eel:tlanx South D947J1'WCJL .) 1' sold 9 .nee 14IIK.T,rp'I / [) (SEAL) AIMS!1e-,In Iro d u;d L; P.,k,O ,,J,m °/24D,12 feet fo Th.Pont d B.4-;nq. The I ' '] I � a 18 /} � de.0111ed pdrml eantOro 3.677 awe;more O•1L ' I 8 a.17 IB &RB �' !W)1T C SOYII'w am I j .ty CbmmlaObn orClr<e 21n ar " f•,O 1I C PNMc 20 a a PO'T1M of Prose ZC 3 yp, $ y1p y S b .� W >t»x 51 7 b J rc Rnnfl rE or SURVEYOR BegnnrO of Inc ntnlM to cwmr 01 Uncor Pont of the rirol Rot Of Baute• NOodo".Prime Iq I Y rim Htt.C..h1. I LU aer•'Yf'1 N-0O I s,l.c L' lh ea..Se Jh 0507'!7'Eoaf,dMp U. ..LL.dr I4,•of eoE pO,4, da/arc.d 455�2 feet to tar , �` a•9d ,Laic, \Inc unaengtk4 Steven C Mdefsory PrnCS. IWO$Urveyd.Oo W I 51..Y1ri .� I» Yp•i5ri Z K>•+TTC N.00 Cl h.1 4f Ihd p.,-.cat QIWer 13,20D4! 2005,1 ncrUt roe d EOYeatnan Lone oa Oeacotes an the rlrlol Rot d Batter 11Iwo Subd N.lan P.VA � B 20 a ( �� . � m 'd1••'', y +no I Now LU B S sot.y I crrveyed tK RAT Of All NCAODNS SUBDIVISION.RASES 2C dt 70. P,aSe 1:lheKe South 89'41'57•West, dan0 Sold north,Ihe,a d4tance d 1265.26 feet Mc-North Z �): T'� I > it Qp r,\LIO•n>e 44m d Z Ord ptd led la ea,n•ee 'ho.n.a to xc ,, y..9 pb/o,d Pe =11*46'Weal,III .,eeLL.dy Lro d R:.ole Open Space B d edd Phae. I plat arc Obr.R the LTJ Q r q n LTJ denYbed "eocdOorae,Mtn Inc prOd.lone of the Mort no SIOdIeCon ,trier,,e.twalvl d uM eea..,,".,a Oatorc• d 1W2.Ea 1ee1; t rce teen. 6V.1.57 eat,o I A " }}11 9 4 B 14 I 8 (I �' W and R.//rq Ad,D76_,3r,01 fh,.r h 76_3_62S,NC.A„Ord the dManeb of L33,30 red to tn•odd I210 of a PUN:e SIIPat and UtIRY Eae°mont for F.I utdn dents Q yt so•Is,w "AT" 13 9 51 S.w4 g at5os >; P W BD2cmpn VnfkO Oeveldpmant a'Broned. reaorbel on Dae: ent D2103143; theist SmAh 0020'S6'Weal.I" .old calf fro,o VM,m1 a/ � p � � 'FI Is 360.04 IeeU that" KDM 99'4157o Ea e.a detailed of 749.63 feet thence Norm 8R55'tff Edet. ° O I4 a N ilf I 8 g PARK 21 B I 1 twiner rsfufy thee Be monvnenu vll be Bat upon or Dny a dtlon[•of 50.35 feel to too Pdht of Bapitriro, the d6%C4bsd P CAI tohldhc 18.OgS t]efe•,mere 'I _ heel". I aeeiy37r @ Inn o - ^ �' Z com(del:o.d cMLLr,c1'w, .hM ,ewe M•e.aUer-.doW.L or kes. fat ,soli ,mat I = •1 ANY a yp..yT,II lam I condition,ems but he later than aloe 30.2004 The deBarbed (COB ore slang van an°aw)tol b any eabUM eat r+Cllta. The 04SWIl ed Pareect (:) I I Y r� BLOCK 13 a 9 B Delta tee_day of .20D ore :Barbed an 11..wco+poy..9 PI.I. W I li - 6 B 1S 13 e J •' I 2nzY to J _ MP.rlTv ".m The above decerbed poet d Iand:R to be knd,m and dC.:p,wcd e. lL I ••b•r J 9 t21e n S) I a a e I ! e I Cry 4lor io,°Uory N4 12251 Ls tti RAT"Or G,OCR NCAOPvS SUBO,w50N,P SCS]C C 2D,❑ty.1 J aw•1'N'r d1AY M d 2fh•y Try •S6t•i Yr Mod Ba2aron,Go101'A Coul y.M-10r+o;°rid the ladle:h4l d6d;n of pO0N8, f�•1'Sri .� Q rry ._.•+Sr• I •.,aa •Ltl r1 } Tv wena5.aleY%Oro Parka Or pup[ aquore5 anovn an sob Pat are Y w NrsDY OlaN/a oar aerated to IN LAY d eozemel}or ttw Wnr us/ I ,.col' .y I Dry 1w.c J a ]O Q CERTIFICATE OF COUNTY TREASURER One enloyrtanL sate ands inClo dCa In all .,reeU.avblYt.. nky0.and po1La or wMi saWare•ded:coled 1°the p.M:e M.Oec.at.d for p.,eie 8 25 �„ 21 Q I 1.ICMbOdy Buchman,Trad u-d Colat:n Cauhly. NOnlano, ore nanaby Yore. wt the dry OCCtpc, ro fCNpo MffWbt,fa,molmalnng the .Byte. Thp "w Y ? 4 yUDu I g tlnY /f 1•,a u y 8 23 $1 Y•Ww C%,tily tat°,tot gown pWyrlg plot ro5 Dean Wry GlrvhVtq and lnot ol1 wro,e old..{bk the Cat hoc ,e,ob L,.i-to,n AIn/dn U.lard. I , I � G 'j �a elm ran Mbo0rb tozaa Arm stereW devtemMIS ossntOd Ord WV4d on IMe InOudDa n all 91fCe1S wench.elm On, parks a Dutlk 9quQm nereb, {I y1l` ,p+L'LTV lard to be alOWldeo rgv0 Dab, Palo. de.6.0wel 1. pvel;c - Th.fond.t-6d.d:n.I atreel..o— ' • •N> jl I �'« `"-"'- "'T$Jxr - I '-'Tel '� RTA^-'- YACe - nor S Doled tnb_day of 20q_ O kYi an0 pork!Of Oublt SeuOfp dedeatm to the PUn1C. Mkn the I 7 u CY accept.,.yar.b2:lY for ,ronfo:h:.g:rc4r6;taco A.era,e ,�`({ ` Srl•1']7Y _ SBRIt'S7Y x7.M �• •T rN W67�r N"1DCrN We Sweet fagucon Avenue.Q]broy Sfree% NIkelC l;a AvanuC sn4r m vv �_--_-__' "---_-' . �N,.n• e1• Ord Cdbfi. Lreen B>Jward, ' • N).,! am•l�r. Deputy rtedwrw The uMry5gnad hrreby 414AU an10 Coen and every PC,San.firM W `.B 9 •• a'Y, U.ry ''.M• v'r'? lE Q r� I C[Rr1riCATr 6 EXCLUSION FROM MDNTANA OEPMTMENr orparam".narhe,p„bc a Pnh,ole, P-GI M Cf1I..R to Pro.r> 0 LO' 80• 120' 'u"jLCM ) w" OF t'MllarxVUFNTN anAlm trcvcY tWnhan0.tloCV;e parer. Sea, hlOtnOt of mNO ILO W'Cian sorV,CO to Ind 7 ppG i:tY,.s 1 nK„OrT, $ If 6 ,= son s Punic. sate flp+t to Mc JOIN use of on adoenlane Iw Cne cfX,svuctan L I I t I I I I Y our 0 B 1:� B §� !n > m. � K SCE marian°nee, spar ore rerT,Ovp1 of trier Ln1t aria atMr fm'iGK „. S C A L E e # lace u.o p aY 16 Q B 1S u 14 Y 13 OoxL• The RAT OF BAXTER MEADOWS SUBUMSION,PHASES 2C A M Gal O.'n Couray. wer.urlasr and Care"each vat O"IgMtca $yj lams $ n I I2M¢ U^ talc.I 1 tat.s P d•!•s � I kbnlonq:a eplin the C;6•d Boyar- "Ohba O fid-doe. -1 e;mil,. Md 0h tn,ow a. 'vMT`f EASEMENT•to Nave and to and tdr, W. Mtn'n the plorinng are°of Me BDZa7tan lyavtn policy%Nett vac adopted oureuaN to 676-1-SDI atWa..MCA Mtl eel be CleYOod Win"talleta --------------------------------- J ________._ _ _ _ _ _________�!__ /`111 .Lam rater av__________ ________ ________ rop va adeR,ne m,aiapol IOOlT10a TrRrefne. and.,we DOttld Itr6_ day Dt .20Q_ Sec 9!,✓ 1aaV •Am w = lam •;Dr •ipf •k9p - s;u 1 1 Aar p•D iSOM d f7fi-4-1 7X0) NCFk Ul..upplvLTkM U QCMOtd front 111e 0.n.r,dIa2R.T.•OOwf OehrCLOPKNT, L,P, Sao li'Jri 2$N' Sb41,!.r 115.,E req.ieW.w,l!>Lb,lano rh�ark of E,r.imrro Nol D Cgly Fonrwry kno..n ea W.B.C..Lp. EQUESTRIAN LANE 0o.. '"'-°°T°r 2O°-• BAXTER MEADOWS CONSfRUCnON.INC.. _ --- ear...a1 POrener - 32 reLterPubl. e1MOI CYY of BOztnlan,NWOro ElY. G­dd Rawliemx. ,G]dent aK..aaR,T ,jZjl,` COMPUTED PHASE AREAS BY BLOCK "/IiD3W-�� rrRh M.rr[Y al)rr`i6T 6 P,1A1C vprC. CERrFC'ATE 0r COMPLETION OF NmFROVEMENTS ' ,• (0C, -sc/alQ. LOTS STRLOS a w M IMAK 'a'. (So rrj a Norloro, de l,e,eb,c.W,___ 1 1, t the r 1 PJanc 9wVice. Ca, a Bolcrnpn, L CCold R rilpina.Ota I.KCAh Worirq. P re9l.tCllw pr01•aYOrol anp,der KanaeO I_____________ z P41 ,692• _ T•T] nlpg that mG OCCO(TIthe la WWt;ee;n the State of M-tan e,do horaby COrl7y that the I.1-M i ;I.r. I 20/BL 8 .� por1. t pat»Da Olen dMyaca2rk`d 0¢0 T round .I; DETAIL A ~> a r to rorof D e D.ol, ep pro.•g, M lanyb, epl the dedcd:n '+.p,wemw,f� .p.:+.d to",eel The .egJr•mer1.d lF:a CIb a dl:a.(.) ; MI g5 gee Rl 2D/BL 10 9a2B5 - Bell 1DD700 f0 tK airy 0/ Bozeman for Inc 1Xrd'C um d AIM Oro dl loom 9roRn on DI Opprevol d the PLAT"OF BAXTER NEADOw$ SUBDMSOf4 PHASES 2C 9 20,rave w buLe • EI p 0 % CURVE TABLE eed I.a_ <ro pa v.g tale. a War w. bear, :mtdl.d:.-I-,.tfh the appro.ed pi- AM .pl;rc A1. : 'h R (9O RI ST /TS 11 7l431 - 76131 CONE RIDNS IXlW al14E ARC 1EIICM CH ORO BFAROY OtORO LCNCfH mj s)accrs 141062 141062 vMT[R SKTC.•1LPRWC,,ENT;SCh'[R LY)CN upROve L1CRrS,STDR.•OrtRev,UT­Tr I Cl ,),Sa' aa'73'o0' RRe' N+2Aro,-c A5R' DObd 4`•-m„d 2(D CULVERTS. FILTER rABBC, SUBEI•a GRAVEL AND 757.OF ME SITE GRAD94 an, C2 moo, MI)rog• Ace sl>'5a'o1". 323s• ,"AU 50 mtRL s.ee3e 141082 8302 3RBws CbrolaGon Of the IEIbv%ng :tomt G,rnane;dry,Yuan Naod and;t COverod by the C) BB.W' M'22'00' 1;6IT N1179'OB`N 32.SS' rat K/6L 12 e3e]6 - _ 6]b3b ", a r.,e1 Yrprwemento ogrcerfant moorhpnlyelg we Clot; ----._-.- C. 17.50' 7&2rOr BRP 5n2ROB•C db8' PH 2C/BL 13 74046 _ e0638 �{ er1,of Be:.,.on,No,ton° CS -ooe =-War 1sz3r S -.WIo•C 134-W R1 2C/BL 14 6a72.5 S1532 99275 PARK aD BASF_ HairITTS.POND No.OUT 0 ENNIATIp.POND Dtrl[r T R.HANDICAP 1,S">IIVL75 ce xLCo` goo0'oD• D.,9er Saytrw'C •9?7 LINEAR PARK - - 160184 180161 CERT"FIGTE Df CLERK AND RCCC1T70ER CRUSHED BLL.0 //OT PLANT Xn,epC6 TqN CURB h ODriLLL HANDICAP RAkP$,OWTIE C, 1S00' 9Dab00• 2356' 54btB4T•E 21.21'S CEW94 R ALLOY Ap RO STS.CGRACING. SIRE T SIGNS.rrTec ANO II ULri, UN ATOR SDEWALNS,RE NaIN MG 9rC GRApNC, STREET SKRNS, CURB BULB OCUNFATOR$,AND '"•- - CS 35.00M wovor NAB N4Y41'57'E 050' SrRips O.LINT +aBNI ,•tn2, r S ..Y VOnc.,Da'.°ate a-- d 0e.1b.a Y.NMtoro,ap CURB BULB Pw Nr..r:, '•DETNL B _ hereby celkly Mot the 1WC4Nng httruro Ml Wm/led h MY O/1;Ce dt C9 ]].m' 9bOCm• 3•,9B NeY Ip D]"L1 .9,]O' P1,AL[ore rout p235as ,•657+ 3a,3T• b SCNC 970,22 _d dac,L .N..Th;.__ - do,d .2GO INC au Dahi061 nbeDr volranta Ot7oat]I ONe Lt.in Lt+ed•YhpfwOment3 for 0 c+0 13,00' t10a0a0 Tl,Sd NC ID'OY. 2,,]1' _ pCfloO 11 rOr4 lfi9Ba3 289riN 21078p g70t92 aro re-1 N.In BOW __at Pql; an Pope-------m of M•yearot,I from the;cat•, Tate suCIV fl faz PDCCOaR;nc e1 CII p,btC i W ` CIl IS00' 90Utr00' i35B N4F'at•57T 21.71' got✓n M1 N. _ _.R.carde d la Car\a,d NroaYYatule imprevCR,anl.to tat♦Clb d Ba iemtn and Inc QTY hereby.eat pit ,eel,v.ls' 7 `hh Reeon,C,Ocelot" CDunry,1 WIa m.eea.on d of yyi i,l,O LLr,cl.,re;..orwe,T.c,./r, n.bjecl!o to b-;M;..W � Z C12 ]].00' +9w'tY a2,' S 5,0 O,1C Tor and• w t� ell y,°o• at•,rIt :ale vloern'c fo.0o PARK DEDICATION AREA CALCULATIONS (SQUARE FEET) pllt, ,k aIa .conTav rq Y•Oo•Ir > q: s,ea.lo.. pot ' Got.l2,03'eB G c1• 35.00' 4t•43.76• :S�p 50Y2R 15'E 2a e.J cis 35.DW 26'34'25' 17.4D' N7S0061-N 17.27' L1P+,ero uc.Na IOlel PC 00.. ) w ' C16 33ADMr _ Y PARR w1TNN y47E RCO URSE B w[rInINDs• - 68903 4 -------Sa `a t wa Ne,e'pr. 1g.,g• -----"" - a' g e 7 33.00• %,..v M436 a". 1,.z7' A"r,Ou7io[or wAr[RCRA.SC fe.CT-05, - 1.1513 a: D'cKtar of PYDK SwKC Pall: C+e 17.50' 1)437T TOTAL PAM(PARCCL5 - 710700 [19 33.m' +p a' 'C 1g.6)' PARR WIMN WATERCDLRSE/WETLANOS SETBACKS - 57984 SLATE 0r MONTANn C70 ' (e)' ' ' _Caantr of Gaitetr, 35.00, »OT ' -E t078' DEDICAFED PAR( - 152782 - 3,51 ACRES Do the_day of 20 6cfO me the ,elde,co"r; -^ C22 35.DO' _149T x7T28'SBY 11.66' Nat°ry P+bl'C for the Stale of MMtaa.pereanary opp"red Uaroo R.vylond. kno- t0 me to Oe the Prn'Cent Of BMTER YFADOYS CONSTRICTION.INS.. X ri.Ge-0 A— W B,LKTCR MCACOWS OCVCL[PICM,L.P- cna `ate pefaot "Mal'°ante a aloe.-Me f `"`inn""l fW M Ah. DUE TO A RELATIVELY HIGH GROUND WATER TABLE WITHIN THE AREA OF THE SUBDIVISION, IT IS NOT aWnOwY.dOCd b me ton ate CxeeltCtl the vilni+igtnlnenl fa• m0 an betel at BAXTER MEADONS DEVELOPWNr. L.P. RECOMMENDED THAT RESIDENTIAL DWELLINGS WITH FULL BASEMENTS BE CONSTRUCTED WITHOUT FIRST SHEET 2 OF 2 516-R12C2o-PLA7,oWq ..WThesf_t:Weor., ror..ta eel-Y roro ao efll.ee ,Npa,-Seel CONSULTING A PROFESSIONAL ENGINEER. IF DAYLIGHT BASEMENTS ARE INCORPORATED IN THE CONSTRUCTION DRAWN BY: eb,ia DATE: 8/18/05 QUALITY CHECK: ,ate day aria Year Cif.,maul,Knob+ OF RESIDENTIAL DWELLINGS, THEY SHOULD NOT HAVE A DEPTH GREATER THAN THREE (3) FEET BELOW THE I SURVEYED BY: SA JOBNO. B05.016 RELDBOOK 130/144566 (VAL) Malt"' '�" °' "` °"° "A"" TOP OF THE CURB DR CROWN OF THE STREET FROM WHICH IT IS SERVED. TD& � THOMAS,DEAN& HOSKINS, INC. Printed :d�4"d�"• B ENGINEERING CONSULTANTS _ My CemrhSs:on elp ices SPOKANE LS NAN-RAL LL IYAeSHPN(G OJ LE WISTO N 1D4H0 t SLRVEV PLSIPOSE TO CREATE 76 LOTS AND 5 PARK PARCELS. PLAT OF BAXTER MEADOWS SUBDIVISION, PHASES 2C & 2D THE COMlISSIONER OF THIS SURVEY IS PC DEVELOPMENT. TWO PARCELS OF LAND, BEING PORTIONS OF TRACT 2A OF CERTIFICATE OF SURVEY NO. 2202A, LOCATED IN THE SOUTHEAST QUARTER AND IN THE SOUTHWEST OUARTER OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., OrY OF BOZEMAN. GALLATIN COUNFV, MONFANA, TOTAL''AREA: 22.27 ACRES rl►1 I I R 1 EXISTING PHASES IN SECTION 34 rr Y A•AP Aa qAf N8741b7'E 213.0er ♦ I F Il i cN1�.a .'�;A r,N. N•�r A„1,a I . P OF TI04T 7A g I I t•� / R6.W M� a l tlb I PLQBC STREET k UTILITY •` A / I c.x.cNT ODC_t2103143 A A p o Sp I r-----_- ___ 2i OO^" N8741'57-E f33.30 0048.O A 8) i - 1 n I I SCwCR 4 .TER r,KtK k rea•I•YC R.e< yMQ K 1 / 1 ACCESS E rASEMENT DOC.I21D3142 - -- —' � s .__---___---____iO Q KIMBERWICKE STREET S afw,p0ROr rPAn 2• t/',A R�Aw i I 1 ez.K •1 72a2• tMp•r„d. _ ♦�' / 1..,,•'W r___!s_•Y____C t 4 LA.1o' _"-_�1L.w__ sue' C.QS r4 tet Ir $ MTun 7 :•~r lexm Tar r / g 1 ">i$� anar e N �Nd,m r = L�-as[m+ �� I av,v ':�,. .y,, ta+o 8 '�� r MOP+ I >. ,r.as 3 I Dau[wr cNsroc tmIANO /� I tre«+yr Sea•Yeri iZ.•N Iry I A IRMO1.' I rRON 71(Rg isef.rsrR I p►w c aR-1 Tt I L GEN D 'p g gg AYE D6 DESCRIPTIO I 1 1 1 TOOK, Z 1 w�i iu�u� / ,r I Rao r' ;G 7 f777Y S a n SCALE s -zc cR. -CA,IIe,LMn I g = coo rn p(,ir.a Ms),cKc[pr As wr90 7�Ile+l,re 4CLKra lJ , IA341[T ai / \ I / Lr 'A SC" s/e•Re w/.oc.CrCCor ws Norco .c 1ef«, ,x' I w.Yarr ? 1_eB•I'MYV X I 0 S/8-RB aMD 1tPO[1225t 5]ro BE SEr A5 t2.Olr vG " SURVEYOR i >q>•'_ ' �� b / the.w,.d.dw d r,Ql 2A d Ci.6f o1R of S.. Mm 2MIA �� 2 'b..of / .ey toovoN rRo,o►tERi I i ° s/e'we Awo roc 11m1 to at zc \ UK wcmo 4 -� CU,te Y,R kCC Ilan 160 t1Clp. ACOOrA I'4 [0 On olfi tla Nt IC ardM an A / $ 3 T~g H 8 w 1/7-RB AND RPC[[1725t TO SET 4i POa1T5 Or I 0. F2156024, .,b..y.nt f.o,ofer d the.-drd-d Trod 2A gyOr tI• ,'„ ,/ ` uRC a slw+Oro 'r ! elmv X 1 mrDr :�i a«.v Z ° CI(TJIITIRC AMlD PGiJrs OF(AL3�NC'r .,woy,w! .datcur prior 1Dppr d b7 kMeCy d Boiw,�, cemtlrac a PC�R�A �w ', /^ \ � I 1/ ` w I,U _-_- ErISTN7 CASEMENT o o _ O0S•Na 7d , / ♦ I 1 fI z I > rrrl •ux.Crrr 2. A Stem, Oro' / / •4�'t 1 ¢ Imatea on TrMt�orEOstincote oe 1'5we No..2702r.12The•eariarl � ' '>•yb�\ i I 1 III e0.acr ! ! .kir _'_---- caccrr As Norco r w.n). m'> _ Z 1 thaaAlD the Ia00fen d ihi IeCameH vee het IOcerHtd MU fY1a y..rNL' .....l OAO,fne,L Trb rooatron a Nb Oaaemenl is urWV.4 \ /'B i• •- \ \ ; I $ >i PARlE ORar.ACE EASEMENT R:P ffi »v R ZI N X �anvw 71 D -___ ORI&Y1r ACCESS EASEMENT 3. A R/w.--1 for .1-14e o,d IW.Fi-n.yae.m.-o•.w �• � /'/•�8 4•a�'7-, � I 11 ,•, I sweyee'ra reoaraed an Boot 4L Page 17A. Tnb easement la MRt ( I ; LL AH,p AM,NU.Tip w=N the 51/2 SI/2 a Settan 34• ThC preC:te grptAn a INa 1 / w,.,l a I I TRAOi ql 1 lf>[ KM,Ou RALTc CM �oewmwm h.rwnan, try / vQ1lw.x WRNOr/ •ems Y I / ft""ER AI >L1ev 7t 'I a on�a ,Q .11v 8 I Re REBA" 1 / - :fig 4'•'•st �! x nxeA C fr[.NOR'. i.•1LKwo Ri wr: wnreSi COR.LR ➢WNFR NDTFecoS- UWK.r Ga'°'r uu,cv f� •'� ? PHASE 2C LAXPAR PARR i ' _ To LOL NO e I Li►•,•A>Y - I W.Yari > I (122a1 5 SURVEYOR LICENSE NUNSER ON CAP ,, Al RMIM41 +ea. lnte pb/o.e drm elvA.d to Ibw lot and I `PRIDWC EASEMENT prbrOy marltel,etl,N dkYa VItl PltrkR MOin 1Ha poA Ore pMetf>y _ °� � e+sY __b Rrc Rea n..sre rr ..on n.e. n I � I,-T•,. 1� PATH EA+ENENr 2. Appecont Y.e,P,o•bA eNaR rcw tact OM orgtne «,>rH r..cos o I Ilk 1 1♦" / I 01 m's PT.Po,y that a,. or 1-%O n 1Ne elbd�ctbn vl tl0earne. Z .�« /s 1 K S T! I 0 S. 'b 11 1 — Oriel 0 60' 120•y TBD' rerrNIMw tracts a Tess trot 160 act" ere not[rwtea)or w• I b I LOT ID >ua tV Y I $ O.pLs a ;g , Arn v I I I I I I I wince d trtnvor, old V41 My Cuevyr,t traru>or of Cad trxtP I I 1 A• I �'�/ 3 d ! S C A L E _or no1 xev"1 to",IQ a at 11°Oivl*1* PNt or cerottcote of Q,. / Rl wq,..;.-.d pro pi _d by nw Gee d Ebremr.- su'vr• I I CENTERLIE m SPRNG OrKN e;y WY1rr d s®•rari I CCR raacr 7r` tlCVa C SASS:NORTH L"OF EDI.CSTRum LANE As%ONN ON N(TN0. I I Res✓ xMa• p41Mef RAT Or BAITER ME40OVS SM PALO.RIASE 1 PER RECORD a g�• ! I ,r car p0,r207A I D1.e0 I CASEvE s v[R NwwI B•E A! 6 S; fd ewbsr r�Ne se12v ti 1 [O-r" I I^ orr.plm,.s 5C W Y� >ia'a"OM, 7 I etso' THAT PEASE 2D - Ne7a,•sl-E 740.67' I I __ \ I.M,,.• / P MA 2C •8 AOAASS87 aYai w 2so.t2 �S/aa3D'13'w �YrE�Eal ue•• b _ __—__?v.l•ar[-—_— _ —_—_R G.4Lt.OWAY STREET a C�� �-, 1 ; 16.T5' 8 6gLLOWAY 9YRE@f GALLOWAY STREET § I 1 POPIT OF GEOWN04 T c 1 sr y t6F�; n• a7 w» , aav e,tv ------------------ I vm _ = j I Itav i Ir KKaO..I v ' C�DrI 1f N,!.CIeA cdClpr l " � 1 TOT d ---WAs•- I g t>•oi v !6 e�i v a' I r I I s y R 1 II 4 0pI ,e 1 B I O-v. --_------ PHA A 1 ; IbCIDtt I— ® >,9 U I uV•rvr P ' taDu•s>r r _____ ___ __ - BAy c a�'ac"'s LOr LOT 2 LOT.� Io RiII : I I e T a , T s f.•oMeRr mAd •• ' OIA� C I 1 e �«-vr To r w I rE BMOOt LOT a _te_ A :51j >- 1 ' I I z °m f I LWr�rAItK OI I I w >aa N C wI ti < __ 12 - > > w F w.,5ry w ¢' I \ s . orL.wl.cC c.x.cRT Bi Y )M,Y 9i mI Q I w I Tr 2 l t y�T �\/ /21oa1ie n BLACK - 13 I r, 44 -1 6 ` Sf xru•arn ms.,•vv N I p ALLEY 1s7 Z p NASD atrs R I J F_ Qd 1 O zn.nrf I h s; ¢I BLACK! 12 I_ - - I g R a4 EA pI$41 If a \� LOT a �• g m LL, Lwioc a S I ti I , g I J L<~i I II +\ao \\ , x! ra)OMmovro ' >ism � , CASC r ¢ sv.1'1r 1 E \\� \\ l ' GS1K1T __ _ L.-_____ I I 14&w L-- ' rn«s>ti'F ` tatiu'vr y - - t----- suer-. '• asw ; : a•AT > ' -- A I • 13S vNCROOVILC/ 1 - - _ `t ` --- - .Yv1TR 7 1 I vOum scre.wt Ear• Lora tpT a Lot 7 — ! � --- ---- - nso' 1 I I LOT 2 ter na IT jl ♦ 8 w v- I ,raw v ' -+-II I C SE ENT # src ooA1 e 2 ew> !9 i§ )zot y m g � I I 1 I I BLOCK to I .Ko,rern I 1 I rasa I ' a w ' ---------• ------ ----- ----- 1 ,y;ef 4 01b 82-W ,aa2 v 210 L7- S89.41'57*W ,265.26' 1EAAP1) 5IRCQ EOU68TA1/W WAY B CASEEENT DOC.J2103141 B 6 rwAM an ty ar+cP u(Aa0 s sua,Rs,w D.Y,O,Or.NY r IE°IIE6'ITiAN LANE Is To—OCOC.ICO srocn 2 rUJAL RAT OF 66>rCP stEAoov$SUbtt96N P".PAIASE I SHEET 1 OF 2 516-Pn2e2a-FLAT-dNy .__.__ wIa«•vC att.w' DRAWNSY: ebjn,sa DATE: 8/18/OS OUALITYCHECK: I.„'•wal IADC•r SURVEYEDBV: SA JOB NO. 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DO m Z LO N u ! >zm L�z Co fc100 1 -ID2-` D -nTr =� '$yw9g�8;y$88$88 ��898F @' a I s s� $ F CD O < I fr1 C m mo�gt .� .16 av AN @p �? 3m 4 i qN & @ I n (sl ~C -,.Y -F ii�G:f t t i.o• ,• Isi S"f'b7 ` r '•'v' Ln D y C a ' R ice. -' �U I/1 C OJr = vv�YWGbu."'Y1,7fj° �yN° $°N•o (�- L•n R' B �4 R I� D �Am Vl > R R Q) D I O V1 pp Z �1 's - RM"""---'r •' saoa mm xm eaor v.�ar xiao' +aw aD(7 M M D m Dip 2 -0 K U) Z si,m I Cn 2 zKm Ng�go 4 r �€ a =�" 2 — — ZAN o tiM y kGv"8wao=° vv'ymnaaR °� Z woo�ay— -- - � m - �'c aW e` m MILKHOUSE AVENUE _ V1T7 � -ZiA ���� sss.i �i1z't �� sj� — ----- I 2�m L/) f'l fT1 -1 M m 0 rt; __. w xm mm M>m 1s -----e•o0.------' =P[TY z m � Zc)� - I a•yrnp -I 0O 4•R ��$q� ��'��$�Yr,ir,�i� ' ' ,8�' L' s! g r ' I� CO D ;a Z IT1 aovast rp rm.xm ' nm. �' X rA me amt x.m $ Ic z In 11 I s ax I L i•\mr rm'c nn' D p �(A a ' n5 a LA 'IN C7 O , W ' �amvon nm �earor�c saovorc O0 IA M M yy c x 8 n U LB ^ 1WUNt xm \ M O M z+wv 1c I mo+emt am yi N LW .ep 1m rips N O N (� Z O `• �v a° D v Z c a m ji-i"i _ z pz O p 'sn"WE xa' 9 a` �� �f*1 OE1 yg , K K Y e4caM fcl C � y �3L 2i -�'" O B - F : ••$ qm s r --_ 6 } w Y Gq ge " N N Z m acaismt Stu - aa�Y tt-s7m- ai ¢ -mm=- ° @ Z ?1 Z N e7✓R y O as ti"�z -ALLEY - --'�eod--spauurc—03 r N '�0 A� m " 'D .ri Y i m M A "17 i O � ti RSs D D w I °.t +'1�1e Car M ,h .cw a°r - w •uC " r- f*l Q y 1 Z -jo ' AM .Im Rm vm 401 not )\0a u.a n, to N r @ ' -—-—-—-—-— _ _!mb'osy_ _ _ _ _ _ M - GALLATIN GREEN BOULEVARD ^ m 3 N Q g$R�j � s d° R a4ES�� H�&F_' d� Y v� S °s. �; a KNd b^ Ro•� 8'gen- !R0 A7 ! aQ°o4 y �}k3z F 8 0g4< a�9 �" g 3`-� a S 5 m 'a� g3 '� yo 'Ilrep,� A $ egoaR¢om I a0.8 a's'3"aC� i6E',I Q - oB+�J.iZ -F § `m Bi Z a . S �1pi $--:a 0 38"� gza' �.R ap u .m� a t$ 3 ^g3o i'dR" a g�S� n^ Q Z RR° a9&gip w g va :v 4 ¢mop n 8z > .. SI i S, 4� y„ ft4e y R38 a a^• X 50. f ;gY gos n R Y i 7 v, yQ I oI .7R ��$ 3 § �m 9zaQ B }9 ao =&3 ; �a ae _g 3 ZZ am a q g1z R s 6 9 Zed o As,y¢a �•� �• �` ar3; a° dbo4g3- 0 1 s 9 g:Qsv x °mom o4QS6 • I� "c ^»�943aHa nab 7 8 5g� ;�i ;, �a. ^ 5 �Ss�G zom ; :" ' Qb0 RE�Q F • ' , I ?dR iaR= aaa d -iQ " �ryo°S .n S Q I '4 s 3Z34 A I 3ss5P s� _ s �° rs "a zz . 'r z x �� � QI I ,•. aR a ;.�;. rn m,v„ v :1 x Ind` II bR., L� m 8 s n�9 4 n S iQ l 4gLx�`4 Fn �� g a SzZ8ap �" o� iKnd y� 8: i g R23. Sp Q {9 Qa 3 a ; •' z $°o aS s�o° Q3a R 4 Z Vim -m oo4i�� sS B e°_ 4 R y Co-5ip �o� Yaa� SURVEY PURPOSE: TO CREATE 76 LOTS AND S PARK PARCELS. PLAT OF BAXTER MEADOWS SUBDIVISION, PHASES 2C & 2 D THE COMMISSIONER OF THIS SURVEY IS PC DNELOPHENT. TWO PARCELS OF LAND. BEING PORTIONS OF TRACT 2A OF CERTIFICATE OF SURVEY NO. 2202A, LOCATED IN THE SOUTHEAST QUARTER AND IN FHE SOUTHWEST OUARTER OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 5 EAST. P.M.M., CITY OF 9OZEMAN. GALLATTN COUNrY• MONrAN4 TOTAL AREA: 22.27 ACRES rid I 1 it R 5 I EXISTING PHASES IN SECTION 34 I I .1 Y ACrO Ae'gM NBtra1'STE 213.06 ♦ I 71 Il r• � c•A^•>' �.rA r.n• r.o.c•a t••P°` I R Op lNPcT 7A (R 1 c.r•" I / �HNIDC I I PUBUC STREET a UTLITY O / $Na 2107A rT Wb CASE.CN,OOC.J2103141 61 o n I r---- Ga -- N9941'57'E /J3.lo' (EXRA 0 d 8) Q �r 1 4 A U.CR 4.ATCR rtr[t'C a--- M ..'aYC @ ?RIQ k 1 ) I ACCESS EASCe[NT DOC.12105 H2 -—- y— .---------------n @ KIMBERWICKE STREET RpNPloc•Or tPAC 2A •r+w Z. I J I T_—__ _—_— I r / eL,7 •1I,, •r •L,,,��, 7207• P' AiO•d f,d• ) ___a ?_____°S'n !1L•A3_______ '�T�• C.0.¢ IRraR cf �w w., ,• r' uun q I ;- 19 ) 8e vnv 6 N ea.a"n a �1� it /r I yl ai . 8 I Dl e1a,r ': ' m.0wr I .y,, r• w+,m> P 3♦ I oosr.c row,o I a••1'eT,r ' SR Y iT ,Rv n ((,' I TRW OMRS �,� se•n•SYR I Miduu't I LEGEND eMso 1 IA1caNr o eoo Q - 1 "T"co gg syme EIESCMPTUN 2 g tt111]Y 'b 1+1ll Sr S C A L E Asia 1r k I S ,G 7 ----- I eo 2-„rev 22a Ls.e[ceot As a0em ` 'u a 2•'Ran- Gene a ] Cra-C,J I `A A SrT S/e•Ra/*oC.c[ecn,As nCr�o SURVEYOR NOTES 1 a•; ) i,m.�.,�, *,r I �M• > ' vs 0 5/8-RB AND RPC C17161 sl ro BE s[r As lx.oa vc z •y:.1, the r.n,u rdw d r.vcl 24 d fir6fcob or Sur Ma 2202/1 fp•Rp.rRG1 PfQRS R1 me-Re-a TPc I'm,sl t0 At Scr contains koC that ISO ames. AC<arA to an dU0000nl tecareee On A 1 Y,CAs WILAND PTC'e. 1 r s �R� B I w ♦ I/2-RB AND RPC[rt2x51 ST ro IZ SET AT POINTS Or ' E.G.rro2 accv pri.t.,b.o4•eM1t of o fuoa th. of,d C.1 1-1kvte 2 R 6 ya•Ci 2r. A- /� ''•` uNc.a vwvaeo .$•( I Iz �' a eY e I 3 Ana,' .QI e,•1 Y Z ---- CUiVATLR(AMD PCiJTS 6 Ysl•GExcr ,•,,,,•y.-.-.d crd uppro.R.d b7 The cy d R['•'ijOC ,"WA drP', / /•/^ \•+� i 1 w I w Ea ISTR•A EASEMENT I�r.md•. / �'b e > 2. A Slsrm Ors'neo•Co4rnaN recs,eed on Oee,�21A72J6:e C.aS �� / /• ��, ;. I / ^i S z . ' 9' unua CAIe.C- W , , Q _,_____ Iac0100 on tract 2A PI Ctnti Gale of SIIVey No.2202A The e[Nat 0aa .A•T k z C[GCT AS'OrCO 1 Cho"D 1N IWoYOn 01 NG POGamaN .ae not reeAldod Min a1P / . blpA 2•'M Y ZI Q yak 14 ta••1 dTc PARK .•t' Q rd IT IT 9 §fI O _..-..- ORA•LGC CAS EYENi f WOVnatL The roeotlon d etb 00%maM b unaloNM1 \ / /.1 ''•�\ ..•",. ) / sao•YsrR N Aoym T*t i tn•m -___ ORrVFVnY ACCESS EASEMENT 1 .1 A R/w•o.on.,tt 4., .I-t,;c and Id•pl--•)s/m,t. a.r.P.. ry free rn e.Ja ' fetar' t aweyeo"la rcaor*"on Boat 9Z Page IlA rnb eoacmcnl Ia •\ ) c0* 11 O I g I ILL Aruo u1a.�ar.n10 . :1t1a1 tat St/2 St/2 d Sect4n 3a, me pree'sa Ieut:en d tna n .� �O�„ a I I P or Art Ip 1 ,ate WL10.f1ACTC CAa ou wn, d / g1 ,v4Y I 6 on�lr •1Q a1LOv ¢ I tm RCIIAR r.r.,K•.ur.e, ~ 1// sOe.o'/ / 9q,•. ��1 � �� 27W 2uv1�[irp Pe'o'*r 7 i 2uu'�[ri� •c .*n[ss cdR.te _ OWWR?AOTFG / 3 YY PHAST 2C LINEAR PARK i 1 r0 FOUR f N s/-4..,71,:,ln:.plat Pr•dd'cd.d!o!M pbCc d �•,.�_ 1 r sg•Ysri > 122,11 S SIURVETOR L[ENSC MMKR ON CIP I ORAeLACl rA2EALMT ."sr. Tr'r I I ( ] G10prly mahtan Ca,N dICTa dlo Par11C NtOin INS pa me pMOtey 00'B `et.lz' > __ ve.1a _ - e,.•Y --> Arm .20 n.src 3� PATIO rA5E/4Ni 2. •PPo po a•..,a•rT:•eau b ar r ov A 1 Or^I d '!r` OraOa.y IV( Pro,Ar th,01 sn 11Ge.lf0TIAN Cr the rats th g rc 3T 4 Aati it 'b 11 - DitCN 0 fi0' 120'f 'I80' rlmla hoar vocro a roaa trot 7t1p area,•At0 rlot oeo1N rot the I I s I LOT t0 a �r ,la V g LA eat Y y� A, W I S �6'Ede I I 1 I I I I may not af^clpr. to lwl ony wesaarlt trantlar er ftw of rally not occv Prior to flllg d 4 aibaMAgn Plot or ttrUlroote o1 00 S C A L E .r.,,4 nn.6-W ad opP'wd by lI-C, d Bo.wn•n. swan• 1aP•Ylr• d S®.nri TR1Gr U I I CENTERLINE OF SPR1NC orrCH east L4,p. .tv I frfsd aCR tY A�&VT[WADOVS MRS.NORTH UNE OF TP UL PHASE ILANE AS IPER RECORD N TK rKAL 31i I CG S202A 740.63 1 aLlaII - CASEYCNYKR NWWIB•E CD.S °°r./210],•0 5D.5b . r I I / 6 ; eaY Sees Y ti 714% P(ASG 2DE: ° s _/ar aAA eat N8r/tS7E / W sa.,.• ` S89'A'Sa"w za0,12.' `1a,aa •`•-- 9 ra.f: $ +•iv I \..574.3013"w �.�f p m xe•t'fT+ y I PHA$ ' R G.4L'_OWAY STREET R ua'R I 16.15' g M1 'rtP•1']Y[ _ _ rAONtOPC rt 1+laAR7E -y----------- - 1 B LiALLOWAY 9991�T 1 ' GALLOWAV STREET 1 1 PONi OF BCO NNIMIG 1 _ �----��._'--- o.1a I ------------- I lm 1 1 rIIm i 1f'PEKQMIN 3 ;AGQA celCllp 1r1T A a ' A 1 �A 3C a R I • BLOC„10 i GK'p1 1'eC,Ort -\ �S 1- 1 ' i hBtl � I SAtY•ryY ' SeP•,'Y1r 1, I / ' TIT _______� O - RNAwit'?R Lar IA 7 y7f I— I � � I I1 �, d S ���2 , 1 a r r- 1i e7�T e I I I w t I I w'? 1.34 v i_ 1 1 f e s«war A I r B 10De LOT J Pena_ A iF 1 t. O' I I O ,'yI Low rARK Y -M I I X aa)Y LU Is I; 1rP.>. a w I I Q __ 1 W s ta..ty'y I V YGia.IyM.•AGC CAMNEN, S7�r1R 't fr w Q' w I K a ,.am 1 v'�T ^3 /Oa,./210J1J0 Q 7i mI¢ _. z I I j BLOCK 13 I z Lxi LI 6 1 Q xv.1's,-N-+ 1n.rAav 01 p 1 V ALLEY sn•1'lr. I i Go fAeO s pain >S 6I BLOCK! I 12 I I I g p at s �g 4,*tR� for♦ - 0 - 1NA1 v i�B i 11 i a IS — I hi 10 I N 0t 1 i 1 \e \ Vi zrra ' t('�m ; GY'O'r ' , I Q sIP•YfYR 1 \� _ I _ DIRK., -----i � 1- I 1t60a' _ �- __ eeruvN ` ' loo.•an y ' lll\ ------- I J 1 r' 1 -------------- eb.1>r•• > Pala ^ ' a.lA > --- II E 135E VNEKOLAnc/ I vsT y I -- 'r --—'- i ---—- —-— —- Nu•a1Tw vOutC1 she. LOr• LOT 0 LOT t LOT 7 t --- ---- --- - nse• 1 I w I 1 1 11 ' 1 N or --'--- -----• r �i I R --'�1 IA* ; i __ i lava v 'g �I I [t[NT tAr 2 slcrt.m.ye R y ea,Y g _ '- 1 1 I I Ot DC. 1e emu n I 1mi i I I I ,>AV , a �r------ -w t ------ -------- ------- -----'tr I I n to»• avt• -- ,aor scaa rn 6'" s rare• d7.56 t eP.2 Y 21017' 1?W.26' rewoR.Rr SI ecr EOUBSTRAN WAY $89'4t'S71V CASEMENT DOG 02103141 B n-AAT or if-Ca• AoaH SUm TGNON P.V•0•PNASC r EQUSMIPAN LAME 'S tnrw CCOCAtto STPCCT g B FINAL PLAT OF IB My NEAoor5 SUawSloN P.U.O.PHASE I SHEET 1 OF 2 516-PnZc2a-PLAr.a N9 DRAWNBY: bin . DATE: 8/18/OS OUALITYCHECK: I"•••+A1 0.DC•L SURVEYED BY: SA JOB NO. BOS•O76 FIELDBOOK 130114,45 66 S e 00f P. TT M 1 LOT i2 S LOT 11 IfjT a LOT 3 LO7' LOT P �Bt01wO"I�R1e 7 or 2A 1r1<33 Ofb p,gsF PAW �L �'{lViyeE)%yAa THOMAS,DEAN& HOSKINS,INC. ENGINEERING CONSULTANTS y I GREAT IM 'S Ls-BOZEN-NALISPELL TN n'/ LEGEND ►+ FOUND 1/4 CORNER 0 FINAL PLAT OF o + FOUND SECTION CORNER 8"TER MEADOWS PHASE ®®A N N N a d ® FOUND 5/8" REBAR WITH 2" ALUMINUM CAP a MARKED ALLIED ENGINEERING 13174 PLS" OR AS NOTED o_a Q SET 5/8" X 24" REBAR WITH 2" ALUMINUM CAP VZl N MARKED "STARK 12249 LS" LOCATED IN THE S 112 OF SEC. 34, T1 S R5E z z ED SET MAG NAIL IN SIDEWALK AND NE 114 OF SEC. 3 T2S R5E, P.M.^ 0 30 PHASE IIA BOUNDARY GALLATIN COUNTY, MONTANA LOT LINES FOUND BRASS CAP z ----------------- EASTMENT LINES }=+2 SEE CORNER RECORD O SPRING DITCH 34 A u, S 3 SURVEY REOUESTED BY BAXTER MEADOWS DEVELOPMENT TO CREATE A MAJOR SUBDIVISION WITHIN A PLANNED UNIT DEVELOPMENT. 3 LOTS (26) = 4.895 acres jl p PARKING LOTS (3) = 0.586 acres U't O PUBLIC PARK = 0.446 acres O DETENTION POND q3 EASEMENT = 0.630 acres WATERCOURSE SETBACK = 0.533 acres TRACT 2A TRACT 4A ro PUBLIC STREETS AND CERTIFICATE OF SURVEY 2202A CERTIFICATE OF SURVEY 2202A o N O m ALLEYS (R/W) = 8.182 acres TRACT LINE F! O 1 TOTAL AREA OF PHASE IIA = 15.372 acres >< 00 z Cl! 60'R/W-� S00'18'03"E 1229.00' }w oN w TV z KS' CA.BALLO AVENUE 90' R/■r) POINT OF BEGINNING (PRIVATELY MAINTAINED) MORTGAGE SURV�FY-L4NES (M-399) N00'18'03'W 90 R/W 223.00' 231.00' 166.13' 182.00' 161.69' 170.19' Y m r Z m BLOCK 16 KS' BLOCK 18 BLOCK 20 "m 0_ 1 FT. NO ACCESS N 0 >g a 2 N00'18'03"W NOO'18'03"W N00'18'O3"W No0.18'03"W NOO'18'03"W NOO'18'03"W STRIP (TYP) w - a 163.00' 165.00' 100.13' - 122.00' 701.69' 105.19' o o d u tot'R/w LOT 6 oN0 LOT 6 m LOT 12 im 90'R/W ^ ,i r in 5.288.15 SF <`+ '� ri 5,474.16 SF n H 5,557.06 SF _ - LOT 3 LOT 7 N 3 'rt 0.12 AC m 'r' 0.13 AC '^ XY ft '� 0.13 AC v 15.403.53 SF o< o of 13,076.42 SF ai ` -90'R o m 0.35 AC a m^ 0.3o Ac ^ K Noo ls'o3'w 10 R TRAKKER _ I oo R/W N00'18'03"W N00'18'03"W I om z z N 100.13' w !�,� 0 101.69' w , 105.19' O O R/w _ _ N00'18'03"W _ _ 00 LOT 5 !n !^,6 BUILDING 16 0 m m�nn !nn _ v -U> m LOT 5 LOT I1 1h =w 5.289.62 SF �'< a_ ri n- v N Im cc �)0 165.00' z �n mat b+ LOT 10 5.474.16 SF < 5,557.06 $F ri Z w N016t3.00' W w a 0.12 AC z in Z I O w m z 19,111.49 SF w Fw 0.13 AC m m 0.13 AC I,n W zw N00'la'03"W z f' i. w - w 0.44 AC i� W zw No0.18'03 w N00'18 Q3"W W Q W m- PARKING LOT - w Z a� 100.13' n ai._ - w W- tos.19' 1 W LOT 2 0 � o TT LOT 6 ,� Q n - •v^iz-'^ a o ^ I - !n 0 10.757.84 SF o a o m 14,092.28 SF m• >a ,n o LOT 4 o r w !n a �. m n a ,o o+ ..1-+• o o LOT 4 ^ r7 to. n }a0 n c+ 0.25 AC e m n 0.32 AC wm v o of 5.907.40 SF of o of m mm a' N avd 4 ed a o LOB 58 < 00 U) m }_ z - m Z az min I+ 0.14 AC m m e z NIm .9056.4.11 ACSF a m o Co SF 10� mO1 o W Z H� z _-_--- _- __ �- z QIr z L �_ ^ No0.18'03'W �w N00'18'03"W z - 'n 60014 AC 1�Z z � -------- N00'16'03"w _ _-______ _ - - - - N00't 8'03`w a --- NOO't803 w'-- _ - - - - - a - --- -+ Q of Q 163.00' ^ - - - - - c.`-' - - - 122.00' Q> z o 101.69' o �. NOO'1B'OJ"W J o, o. -----165-00'--------- H I-0Q`13.'---- \� ------------- �& o tos.t9' __ a N TRACT 2A 15.00' UTILITY o n ,a m o --------- 3" 3 w 15.00' UTILITY H 15.00' u LITY-T �z o PARKING LOT o F ecc CERTIFICATE OF SURVEY 2202A EASEMENT `z ¢ o �o PARKING LOT L15.00' UTILITY 15.00' UTILITY �? e W O a EASEMENT & W EASEMENT & LOT 3 U a 15.00' UTILITY LOT 3 a E S MENT & J - 1O PEDESTRIAN wglKwgv '� .=PEDESTRIAN WAL WAY OZ m EASEMENT m EASEMEN o LOT 9 A O Z 7 6,023.54 SF is CO)¢ LOT 9 W 6.711.14 SF 0 z m 6.327.55 SF P D STRIAN WALKWAY ;. 0.14 AC o 8.051.97 SF Y 0.15 AC �a 0.15 AC 1`e trl Q Q o, LOT 1 0 LOT $ W o m > 0.18 AC N00'18'03"W N00.18'03W N00'18'03"W 10 m - O 18.366.52 SF 13,391.40 SF N00'1803w - - J 122.00' 101.69' - } - W iA t� •s'y�--�s' 0.42 AC '4 us 0.31 AC 100.13' W. w 105.19' pt ,I�, W W a NOO.18'03"W o J> "'+ LOT 8 h W- I J> - - ' - - - o LOT 2 o J¢ '� '� �" ao LOT 2 e J 165.o0' v 5.406.77 SF o a ri 6,505.83 SF ,.� > LOT 8 to 5.7}4.85 SF J& J a 0.12 AC / ,n Q" 'n 0.15 AC - ,n ,n o- ,� 5,679.95 SF la N1g73'S4" Qv m St'-��-st' _N00.18_03"W 0.13 AC Q� 0.13 AC Im 10.00' UTILITY TRACT 4A 168.52 E s--t3' ,� LOT 4 o NOOOO.t33 W 122.00' NOO.18'03"W, N00't 8'03"w-1 EASEMENT CERTIFICATE OF 12,390.40 SF 'n 101.69' u•--ts- 105.19 1 SURVEY 2202A W W o LOT 1 o n LOT 7 I-oIL 0.28 AC m ,n b LOT 1 +,b w LOT 7 'w NT 5,056.3.3 SF 6.505.83 SF5,135.15I+n YI 230.55• 973'S4'f- 0.12 AC voi v�i 0.15 AC Uoi 12 C f ,n .n .5•a'112aAl F Im 2-38 N00'18'03"W 00'18'03"W T, N00'18'03"w N 00'18'03"W N00'1803"W N NI4 L = 27.00 a8.9a' 100.13' 122.00' 101.69' - 105.19' 23'Sa£ 96.08 R = 105.00I as. N14'23'54"E 16.16' 100.00' SO'R/w 166.13' 182.00' 161.69 j 170.19' n. N �L = 3a.4a' NOO*18'03"w VAQUERO PARKWAY (80' R/1N) 35* LINEAR PARK R = 150.00' 1 (PRIVATELY MAINTAINED) N NOO'18'03"W 424.00' � FOUND BENT 5/8" REBAP. NOO.18'03"W 760.00' w LO MORTGAGE SURVEY N - 't LINES (M-399) a Li - - - _ - - rO _ z n n 30•"TERCO SE SETBACK I IL Z - - - a 313'WATERCOURSE SETBACK - - rn- - - - - NOO.pq 51^yN 425.3a' CN 1 3 mi TRACT 3A Z N �/\/�-�� SPRING DITCH a CERTIFICATE OF Q a O SURVEY 2202A t6, • 00 o w 455.35' ,. N N05'O8'28"W TRACT 2A I� CERTIFICATE OF SURVEY 2202A �-60-R/w-� + w LOT 6 LOT 5 LOT 4 LOT 3 LOT 2 LOT I � 34�3 + CALCULATED POSITION SHEET BAXTER MEADOWS SUBDIVISION FALLS IN SEWER MANHOLE P.U.D. PHASE I SET REFERENCE POINTS SEE CORNER RECORD 1 OF 2 50 0 50 100 (SCALE IN FEET) ■ KIMBERWICKE ST. W �NI KIMBERWICKE ST. 6 6 90' CJm' 1p0' co LOT 1 LOT 1 m LOT 7 F— 1,9]D m DA]B B.61B P rI A SF 62 SF JJJ !a'� 90 2 ww m LOT L07 2 LOTS 0 1,4,0 BJ9a 5F SF m SF Or /W� BLOCK 15 ° RAWHIDE STREET J V� . i9 LOT 3 i0 BY9 m Lg y 9 LOT i V lm BLO K �10 _ 90 D° ]95,931 V/ 1 LOT 4 W m LOT 4 LOT 10 I� ` t.a,m e.ua ena ' Ow X1 UD m LOT 5 LOT 5 ° LOT 11 Wv 90 C mLOT WES y L 16 LOT 6 LOT 12 11 m 6p31 .,­2 5F SF SF •U. Y D GALLOW ° GA€LOW4Y ST 0 Q. m LOT 7 - 1,al0 9S' 99' 106' 105'_ +'LL 4]• 47' 42' lg' LOT, - 5F O LOT 1 LOT t 1 �m rv$ n$ v$p LOT 19 J LOT1 LOTS m s54 SF 5,46m SF sl-v 1-,. nr 5,+6a m 5F LOTS ° a O��D O��9 LOT 6 LOT 7 9)64 96+B D OJM1 D OJ SF R915 6 m,LOT 2 LOT 12 ' e' 6a' 169' 1m,31 10,,31 BLOC 11 LLI s36m SF 5)SO SF W M1 13. W LOT LOT LOT3 `� a LOT 8 m ` m m$ n'h m LOT 20 w e LOT 2 n.909 17.9)9 UAW a m a 1.45,Fa 6 LOT 1 s•' / ' Hp ^, !_� ~Om )pb]65F �y - 19A]3 = '.F SF SF IIe15 51 LOT 2 LOT 6 Q s3eD SF - LOT 21" LL '^ m `W 90' w 9399 5.636 m T ~~ W ]1T5F BLOCK 14 W SF Z ,. LOT 4 LOT 1 LO b Z ng• u69' LOT 9 O s.alb 5F 75m 66 LOT 22 'a 1 LOT 3 4 + l4,• „)5F ~ B y 4 m 5F 95 91 m5'LOT 5 O LOT 10 66• PMORIIAK D LOT 3 B]9' &A, 9'!18]SF n LOT 23• LOT 3 N LOT 7 S.4aS SF 5)90 5F 2,112 SF Fl,991 9J69 9333 66' J LOT 2 o LOT,O 5F sF of 6 LOT 241 Q I!69a 9a7 w LOT 6 LOT 16 r• F.m n$ 1-9 ]"-; 0:2 n)5F ( 9F 5F LL 5+93 5F 5.tgs c66 LOT 4 LOT 5 LOT 7 LOT 8 GLOT 25p 13' P9' ]p00 5FLOT 4 R.990 I 13p11 13p1LOT LOT 4 4 LOT 8 LOT °1O LOT i 1. y S,LOT 11 9.153 9.51m 1m000 2= 3,W4 OQ 3.16e L0T2 )]m 9F 9F 5F SF 5F 9159FDl'y9F 1635' 3e3' IAN LANE 1 E QUESTPIFRN LANE _ j LOT LOT 2 —LOT 3 LJTS L0T6 L0T7 L0T1 LOT L0T3 LOTd LOTS LOT6 5<ml 9,a01 .2— 5649 5)90 5)9a pSO 4Aw 5,490 5-15, +p06 ap06 Y SF 9F SF SF SF 9F SF 9F SF 5F SF SFLLi w Q BLOCK +$ O B Z O S' g D B CE J d J w LOT a ~..la 9 LOT 10 r Q OT 7 T LOT 9 M1 LOT 11 Q 6.610 6,, 1 BIDS] 'I � sF +ea sps6 oft spbe 3 U SF 5�B SF UQ O D b TRAKK R TF;AIL STRE O 3 w� Z W C' B O SA L ST. � LOT, LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 I` c�Q Sa91 5.2— 6,991 5;:9e SIBS 5.491 4p 4,616 6111 5pga 4A1D Opel U cn cL C SF SF SF 5F W 9F SF SF 9F 5F 5F 5F Q !� Sa• 5)' V 69' S' Sa' ag A. 66' 90' +B' � BLOCK cn m m d 54• 54' 59S' 5 39' 53 49' 55' S5p• 4g• 4g• _ Z 0 m A Q LOT 7 LOT 8 LOT 9 LOT 11 LOT 12 LOT 13 OT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 1 O SET= 5.6BO SAGO 6766 6�66 9.$5l 5591 9.131 5.13, 5169 5p39 SIDa9 Sp49 9F 9F SF EF SF SF _ SF SF SF 5F 5F 5F PROJECT NO. 0�m� A o O A O DRAWN BY: \\\\\\\\.... . ° LL CHECKED BY: - .\�\\\\\\•••. BAXTER-LANE \�\\\\�.•. p DATES rHASE } COS: 520,04 \ \ O � ` REV: - :>�d51 Gc PHASE TU10 SITE PLAN - PHASING FLAN _ SHEET=, cc PH 2 NO SCALE City of Bozeman, MT- City CommiIt Agenda 09/06/2005 • Page 1 of 1 City Commission Agenda o9/06/2005 THE CITY OF BOZEMAN, MONTANA COMMISSION MEETING AGENDA Tuesday, September 6, 2005 A. Call to Order-7:00 p.m. B. Pledge of Allegiance and Moment of Silence C. Minutes-March 21,June 6,July 5,July 11,July 18,August 1,August 8 special,August 8 work session,August 15, August 22 and August 29,2005 D. Consent Items- 1. Commission Resolution No.3840-creating the Impact Fee Advisory Committee and establishing its composition 2. Authorize City Manager to sign-Annexation Agreement with Snowload LLC- 37.743 acres lying along north side of Bridger Drive,immediately northeast of Headlands Subdivision (Creekwood Annexation) 3. Commission Resolution No.3841 -annexing 37.743 acres lying along north side of Bridger Drive,immediately northeast of Headlands Subdivision 4. Ordinance No. 1647-establishing initial municipal zoning designations of"R-1",Residential—Single-household,Low- density,on t4.8 acres and"R-S",Residential—Suburban,on±33 acres lying along north side of Bridger Drive,immediately northeast of Headlands Subdivision;provisionally adopt and bring back in two weeks for final adoption 5. Ordinance No. 1648-amending the zoning designation from"R-S",Residential—Suburban,to"R-O",Residential— Office,on 10 acres lying along west side of Haggerty Lane,south of its intersection with Ellis Street;provisionally adopt and bring back in two weeks for final adoption 6. Ordinance No. 1649-amending the zoning designation from"R-3",Residential—Medium-density,to"R4"Residential— High-density on 10.13 acres at the southeast corner of the intersection of West Oak Street and North 14th Avenue; provisionally adopt and bring back in two weeks for final adoption. 7. Commission Resolution No.3842-set public hearing on application from Venture Center, Inc.,dba TechRanch,for tax reduction for organization engaged in economic development and business assistance through business incubator for October 3,2005 8. Commission Resolution No.3843-adopting the IAFF(International Association of Firefighters)Nationwide Deferred Compensation Plan for voluntary participation of all eligible employees and elected officials 9. Commission Resolution No.3844-appropriation resolution for Fiscal Year 2005-2006 10. Commission Resolution No.3845-setting mill levies for Fiscal Year 2005-2006 11. Request for modification of conditions for loan from CDBG Economic Development Revolving Loan Fund for Apex Technologies,LLC,to allow interest only payments for the first eighteen months 12. Authorize Mayor to sign-Findings of Fact and Order for Creekwood Major Subdivision-subdivide 37.66 acres located at 2215 Bridger Drive into 53 single-household lots (P-05016) 13. Authorize Mayor to sign-Findings of Fact and Order for Gammack Minor Subdivision-subdivide 0.458 acres located at 328 North Church Avenue into two residential lots and relocate common boundary between 324 and 328 North Church Avenue (P-05033) 14. Authorize Mayor to sign-Findings of Fact and Order for Country Inn and Suites Minor Subdivision-subdivide 7.66 acres located along east side of Valley Center Road,west of its intersection with North 19th Avenue,into 2 commercial lots (P-05035) 15. Authorize Mayor to sign-Findings of Fact and Order for Sunfish Park Minor Subdivision-subdivide 1.84 acres located at 780 Manley Road into five residential lots and one open space common area (P-05027) 16. Approval of final plat for Story Mansion Minor Subdivision-aggregate Lots 1 through 26,Block 3,Butte Addition (811 South Willson Avenue) (P-05014) 17. Authorize City Manager to sign-Acceptance of Mutual Access Easement and Agreement between Nelson Investments,LLC,and Todd T.Steinmetz-for Lots 4 and 5,Block 1,Parkway Plaza Subdivision and Commercial PUD (extending south from Laramie Drive) 18. Authorize City Manager to sign-Acceptance of Water Pipeline and Access Easement and Agreement-Bozeman Country Hotel Group,LLC-20-foot-wide easement across Lot 2,Minor Subdivision No.358(lying along north and east side of Valley Center Road,west of North 19th Avenue) 19. Authorize City Manager to sign-Agricultural Lease with Steven G.Dayhuff for 18.5791 acres at Water Treatment Plant-for the period June 17,2005 through June 17,2008 /20. Acknowledge receipt of request for creation of special improvement lighting district for Baxter Meadows Subdivision, ) Phases 2A,2B,2C and 2D;refer to staff 21. Approval of park master plan for Baxter Meadows,Phases 2B,2C and 2D 22. Award bid-Bozeman Wastewater Treatment Plant maintenance building addition-Ingram-Clevenger, Inc.,Helena,Montana -in the bid amount of$398,000.00 23. Claims Motion and vote to approve,and authorize and direct the appropriate persons to complete the necessary actions http://bozemanmt.virtualtownhall.netBozemanMT_agendas/SO069F546-0069F547 9/23/2005 6 v L P C. �0 M ks v o IS SUBDIVISION, PHASES 2C & 2D NS OF TRACT 2A OF CERTIFICATE OF SURVEY NO. 2202A, NEST QUARTER OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., MAN, GALLATIN COUNTY, MONTANA, )TAL AREA: 22.27 ACRES EXISTING PHASES IN SECTION 34 SET r Wcv As,0.00� Nee'41'5n 21&0Ir U / q u+m•w aos � 'no. M I r-------------- / I I / AN mace � n.s or 1�Z I / +�wou a4 / r,eR � + I s,w)pIW anwN•••••• I / Noar"a,xx+ • a TIS �_25'DITCH a � I EASEMENT EXISTING WETLAND �T r I LOCATION / t.W Ma rr �9 I FROM OTHERS 0 1000' / I I I I I I LNEAS wERAND I ', UNE AS SURVEYED SCALE SURVEYOR NOTES l r \ : I p ExIS IND wEnAfro 1. The remainder of Tract 2A of Certi icate of Survey No. 2202A LOCATION FROM OTHERS / \ MR1GAlED WEIUND contains less than 160 acres. According to an affidavit recorded on A LINE AS SURVEYED / Doc, /2156024, subsequent transfer of the remainder of Tract 2A �y i i '� \ ' will not occur prior to filing of o subdivision plot or certificate of OF survey reviewed and approved by the City of Bozeman. REWJNDER ii ^ •` J C.O.S. NO. 220 � i �/• \ �\ •• / 2. A Storm Drainage Easement rocorded on Doc. 12141238 is � located on Tract 2A of Certificate of Survey No. 2202A. The exhibit I showing the location of this easement was not recorded with the / % i4,'� 0e. document. The location of this easement Is unknown. — •- 3. A R/W easement for electric and telephone systems "as now surveyed" is recorded on Book 92, Page 178. This easement is within the S1/2 S1/2 of Section 34. The precise location of thlo ; �7 easement Is unknown. / fi � �pg REMAINDER OF TqA �� �l kk C.O.S. 0 5 No. 22� OWNER NOTES !�'C�p 1 PHASE 2C LINEAR PARK i 1, Am All streets within this plot are dedicated to the public and }� I/� s� I l publicly maintained. All alleys and parks within this plat are privately `DRAIIHCE EASEMENT maintained. I f I�. 2, Applicant shall provide evidence that all original tracts of record of this proPPerryy that are, or through this subdivision will become, I 1 •/ 20 180 remainder trod. of less that 160 acres were not created for the ( purpose of transfer, and that any subsequent transfer of Bold tracts E may not occur prior to filing of a subdivision plot or certificate of survey reviewed and approved by the City of Bozeman. ANE AS SHOWN ON THE FINAL CENIERLME OF SPRING DRCM PHASE 1 PER RECORD 1 xi00' ,I� EPUBUC ASEMENT R DOC. #2103145 74e.e3' SBr47'341i 24012' ` \-314 30'131M GALLOWAY STREET - -,- TNr—.(+e j I 16.15, POIN1 OF BEtiINNINO OALLOWAY STREEr I ' leas sF I I I i I seo'4r'eTw I I 140.00' ` 1 i BLOCK tfi 5+1D ISION PHASE 2A ! ! I PLAT OF WER MEADOWSLOT i LOT 2 j L'0` 3 B' leas SF I i FINAL .. LINEAR PAO Q Z ND6•z�{'602: W ~ Se741'S71Y 1 +�� STORM DRAINWE EASEMENT . 14600 j r. \/DOC. #2103139 4 'K 13 , ! Z j I4 (\ ALLEY 1 I 1 1e16e SF V: I WEI ANDSS SSEf&Ck LOi 4 LOi S LOT B LOT 7 ----- ---- --- I 27.30' 4 I I 25 DrtCN 16360 S/ i 1 1 I EASEMENT I ELOCK 16 + �, \�N110`031e I 1 I I I 7e *, Itor 210.87 12ee 2e' TEMPORARY STREET EOMSTFM WAY EASEMENT DOC. f2l=41 OF BAJIrfR NFADOWS SUDMS70N P.U.D. PNAS£ 1 IS WITHIN DEDICATEDSTREET SHEET 1 OF 2 5.16—Ph2s2d—PLAT..dwg !AT ----•— � f,z,unsl DRAWN BY: eb,In,se I DATE: EMW05 QUALITY CHECK BLOCK 2 SURVEYED BY. SA JOB NO. Bq5(:18 FIELDBOOM30/14 45,68 LOT 2e LOT 33 LOTe PUBLIC PARK 3 TD&JO THOMAS, DEAN & HOSKINS, INC. ENGTNEERiNG CONSUZTANTS I GREAT FALLS—BOZEMAN—KALISPELL SPOKANEWASM CNN LEWISTON IDAHO SURVEY PURPOSE: TO CREATE 76 LOTS AND 5 PARK PARCELS. PLAT OF BAXTER MEADOWS SUBDIV THE COMMISSIONER OF THIS SURVEY IS PC DEVELOPMENT. TWO PARCELS OF LAND, BEING PORTIONS OF TRACT 2A OF LOCATED IN THE SOUTHEAST QUARTER AND IN THE SOUTHWEST QUARTER OF SI CITY OF BOZEMAN, GALLATIN COLIN TOTAL AREA: 22.27 ACRE° I � I � I 2AI REMAINDER OF TRACT . Na, 220� —, 80.00' I EASEMPUBLIENT STREET k UTILITY10314 C.O.S. � - EASEMENT DOC. 0210J14] NW41'57*1 433,30' (EXHIB. G a: 8) --------------- �wrn nPs wow SEWER h WATER PIPELINE h SO __ NB941'S7� ACCESS EASEMENT DOC. 02103142 F61 -—- -—— —————— KIMBERWICKE STREET TRACT 2A — TO------------ `7�I REMAINDER OF N0. 2202A $140' '3 80 it 99.60' ---- 101.03, of C.O.S. p3n4PLs] r---�---- I -------i-- lar~FASEM[1R ,1 I a172 SF q I 1 $ d e+m sr 24'DRNEMY g I aaoo 5/ $ I Il 12' EASEMENT I I SW41'57w I SW41'57w I 0 i 98.W I I 100.92' W sea4,'s7w I 1 1 anon I I F o� na,all-►•-•EASEIIEW G 1it l I .liim�lt. i4i�lalL.Yifa I I �j' I 0062 SF j ,� 92377 SF I S C A L � R 24'DWMAY i i 24'DRNEWAY 2S • FD 2'ACAP'122411 LS], EXCEPT AS NOTED e I 24'I)RNENAY I - mum EASEMDIT A SET 5/a' RB W/YPC, EXCEPT AS NOTED Se9'41'S7W b SeP41'S1w b 1 1 SW4VS7w b I 9e.50' b 1 1 __99.ee' -- ': 0 S/B' RB AND RPC [12251 S]TO BE SET AS 12.00' WC 1 T 82.51' *' --— ' -- • S/B' RB AND YPC [12251 S]TO BE SET COntt W 1/2' RB AND RPC (12251 Sj TO BE SET AT POINTS OF Da' 12 �i 3 ' 0373 SF i i 6449 SF CURVATURE AND POINTS OF TANGENCY sulrve �I 55609 j I 1 I ---- P EXISTING EASEMENT ' ;I W oo i i �1 Q ------- UTILITY EASEMENT Io00t1 SOV41'57w > gem 9e91' yQp� EXCEPT AS NOTED 9howl PARK 2475 SF I(n Ne741'e7�p+7 197.41' �� y ..-..- �: 69 r)3 0 DRAINAGE EASEMENT docul �I SN4Y57w I 0 ? S89'41'57w I 1 197.oT ! + —--�— DRIVEWAY ACCESS EASEMENT LOT 1+ i 82.52' 10 9a.50' 98A7' �- I 3. I g curve + 1 + w ACAP ALUMINUM CAP within 1 I LL eager \ gg I YPC YELLOW PLASTIC CAP 7138 S' 9 I ,� 9 10 37J SF 10�1 e113e 9F 6 R8 REBAR 21'DW-'Ww 24 DHNENAY 24 DRNEWAY WC WITNESS CORNER CAS=MCw+ I EASEMENT-�I I EASEMEN' I '"" 1 �----- ----- r------ FD FOUND 1. A sag•-•;-,1 I SSF41'S7w - I SW41'57w b I [12251 S] SURVEYOR LICENSE NUMBER ON CAP public �CK 8 82.52' 9850 * I 9zer "_ RPC RED P �_..__ -- --- ------ I. LASTIC CAP maint• O i I PATIO EASEMENT 2, A I i -4 — DrrCH 0 60' 120' 180' remo LOT 1� Q i 7139 Sf I U Ma52 SF i ; e93I]SF ' I I D rp u a S C A L E moy ' �n eurvel 2 I Se9.41'77w ' SW41'57w I+ ,a+ 98741171101 ' TRACT?A `�7 I NAL 52.53, 98.50' I I 98d7, I ZEMAINDER OF BEARINPU NORTHG BASIS:OF BAXTER MyEAD0OWS aSIUB.PUU D. PHASE 1 PER MN LANE AS N RECORD ON THE Fl 24'ORNMY 9 bq g 9 II IY+bqY l EASEM2 1 C.O.S. 00, 2202A 7176 si ry fo 0107 SF i gil 5065 SF 1� dd I PHASE 2D 1 24'WNEWAY 1 98.50, I 95.89' 9ob0' •-- 41-5n , usEMExr I 94]e PHAS 2C eo4e3 �sed41'67w -- PRNATE OPEN SPACE _ OALLOWAY STREET GALLOWAY STREET gam¢ 7 �--••------I------ 7140 5T eo 9sso' 9e.le__ 'l ,45.00\/ ' --- I - --------------, ' ri I I r---- - � I I I I IV PEDESTRIAN �1a IrL—EA nLff�rt ACCE59 EASEMENT , I I LCY 6 -S8r41'siw-. 1 { 1 5 I 1 + I 9407 SF i i M18 SF I 1 14OQRNEIIAY i I 24 DRAY I 1 Iwr a L -----EkSEmw --'' 7141 SF SW41-57V 19 1 I Se9'N'S7w ]3 I ----- ------ --------� EASEMENT ro I-74,'e7w w i LU1 BLOCK B LOTS I 92.Se' b ' i I I w 2 11 9SOe sr 11 I I I a w 9407 sr I I Z I + Q I i I LU 7141 SF $I 0 BLOCK 13 seva , I 8 's7w � 1 I Se9'41'a7w g 0 La =I 95.50' 95.95' j lra I se 's7w I U) IL) cc I BLOCK j } 12 + 82.5e' g I I w LOT 4 1 3 I 7 LL I 9407 SF � i 939E SF LU ' I 7142 SF I Fl.S�ID1T _2_4[— A Y j1 114'OR7W Y 24'ORNWAY ESMENT _LI1 Lam-_--- SW41'57w b SSV41-37-W 1 9e741'57w b I 95.50' b 1 94.93' --b I - 1 ♦ I LOT LOT 2 + i 7225 SF 4 i bg1 6� SEE DETAIL e 6 1 9407 SF i 51� 9296 9F �7 I (SHEET 2) la' + 1 1 ----------- ------- ------- ----- ------ ------- ------ ----- - L6------I--- + �---_---�--- L•------------- 1-- e0 9A60' 93.71' 43.00' 82.50' 189.21' see'41'6'''w EOUESTPoAN LAW FINAL FINAL PLAT of,BAXTER MEADOws SUDMSION P,U.D. PHASE 1 Ne9'41'S7� 972.0e' FlNAL PUT OF BATTIER!MEADOWS SUM BLOCK 5 l.� BLOCKS �V VV K 4 LOT T 1 LOT LOTS O LOT 1 LOT 9 BLOC 2 t2 LO � t 1 PUBLIC PARK LOT 26 7 1!•2 r (tf J} e r r x t y,.� 'v;i ,pry .t tit(.,�, ++-.. r �[ +}`•; t `t �FA1 ���� �- drlj r� :�, 1-r�i�ay��,. :fI�?•��' �li 1. �+��}`�j s �� � ►. ld r cis' `_�� --��- Y{r. �;y�'�f�,l �I jfh !1' �� I` 1►}A I �• �► a r' i �'�s i r ` l LUMEC � I UMSIN The OMS50luminaire consists of a 23/8'160 mm) outside diameter Insertion 2 3/8(60 mm) sealed optical chamber made of a hydra tube ado for r-1 of tenon outside diameter formed reflector permanently sealed on p 2'(51 mm) tube adaptor r� often Insertion Domus Series DMS50''-and an injected refractor,with internal prisms z'151 mm) OMS60TM'-luminaires incorporate a only(SHA/SSA optics).SCB/SHB optics Sealsafe''sealed optical chamber. use a tempered-glass lens. A toolfree lamp access shutter and y — — E E - ;E N Sealsafe optical system sleeve,with self-adjusting injection- __^ 1 d E This hermetically sealed cham- molded silicone gasket,keep the 3 € ber protects the optical system optical chamber hermetically sealed. and produces a higher Light Loss The optical system is placed in a cast Factor(LLF)than conventional aluminum technical ring,which is ;E optical systems,while maintain- assembled in a spun and cast-aluminum E i 27 1/2' E ing the Iuminaire's photometric housing suspended under a cast-alumi- _ (698 min) num fitter. performance. A large,bell-shaped spun-aluminum i n U2 Maintained photometric performance skirt is mechanically assembled to the (698 mm) The higher LLF also translates into technical ring. EPA:1.35 sq.ft. EPA:1.00 sq.ft The DMS501uminaire is UL and CSA Weight: (19.1 kg) lower initial lamp wattage,reducing Weight:42lbs(19.1 kg) the electrical consumption of the approved. luminaire.The absence of external OMS50-SHA/SSA DMS50-SHB/SCB prisms makes the refractor and lens surface self-cleaning,minimiz- ing the deterioration of Lamo,,Guide Optical Systems Mounti'ngs the optical system. DMS50/60 Both SHA and SSA Sealsafe opti- Wattage SHA/SSA SCB SHB SHA&SSA optics �F a tru bent section of cal chambers deliver exceptional 7o INH,medium — _ — Sealed optical chamber extruded aluminum 2 i- p consisting of a reflector (60 mm)O.D.,mechani- photometric performance thanks 100 MH,medium — — — permanently assembled on cally assembled to the to their combination of state-of-the- 175 MH,mogul — — — top of a prismatic refractor. side of a pole, art reflector and refractor,which , 250 MH,mogul — — — SHA3M: AsymmeUicalhyperextensve(Ilq LM A 180,bent section of minimizes glare. 70 HPS,mogul — — — SHAU: Asymmetrical hyperexteruive(M extruded aluminum 2 3/8" With their combination of state- 100 HPS,mogul — — — SSA3M: Asymmetrical semi cut-offplq a (60 mm)O.D.,welded of-the-art reflector and tempered 15o HPS,mogul - — — In the above optics, sleeve and shutter to a cast-aluminum pole glass lens,SHB and SCB Sealsafe p adaptor and a flat rolled opticalchambers offer exceptional 250HPS,mogul —' — N/A permit exact positioning of the lamp. aluminum spiral. photometric erformanceaswell. •Remote ballastinmounongorpolebase SHA&SSA refractors available in:'p p ' Requiresa polycarbonate refractor. MM A 2 3/8"(60 mm)round Ease-of-maintenance ACDR: Acrylic(175wmax.) aluminum arm welded Tool free access to the lam via PC: Polycarbonate to a 41/2"014 mm)O.D. p OMS50'�and WSW Domus Series oun- a sleeve and shutter,and a ballast luminaires accommodate H.I.D.or Add suffix to optical system code. pole adaptor.The ling is complete with tray that slides inside a ballast box, incandescent lamps as shown in , two bent decorative rods, contribute to the ease of mainte- the above table. SCB&SHB optics spheres and a cast-alumi- nanCe Characteristic of Domus HPS ballasts feature a-40F(-40C°)lamp Sealed optical chamber num luminaire adaptor. Series. starting capacity with a high power 4L consisting of a reflector All this performance is incorpo factor of 90%and operate within ANSI permanently assembled on NM A 180'bent section of rated ins stylish, sinorp units trapezoidal limits.MH ballasts feature a top of a tempered-glass sag extruded aluminum 23/8" well-designed -20F(-30C°)lamp starting capacity with lens. (60 mm)O.D.,with cast- that makes Domus luminaires ideal a high powerfactor of 90%.All ballasts SCUM: Asymmetrical cut-off(1ll) aluminum decorative for contemporary landscapes are UL recognized spirals,and a pole adap- and buildings. and CSA certified. SHB3M: Asymmetrical hyperextensive(111) tor.The mounting slip fits (not available with 25OW HPS( cco into a 4"(102 mm)pole. Lumital surface treatment The ballast is integrated in the hood In the above optics,the sleeve and shutter All luminaires,mountings and of the luminaire while the unitized UM Two straight 1 5/8"(41 poles are protected by the Lumital'"' ballast tray slides into a ballast box permit exactpositianing ofthe lamp. mm)O.D.aluminum side surface treatment,which involves that is mechanically assembled onto (Lamps notincluded) arms welded to a 4"(102 the chemical preparation of all the optical support plate. For further information,referto the mm)round aluminum pole surfaces prior to the application Outdoor Lighting Application Guide. adaptor and to a cast-alu- of a coating of polyester-based minum luminaire adaptor. textured powder for superior RM A 2 3/8"(60 mm)O.D. resistance. aluminum arm welded to a 4"(102 mm)round pole adaptor and a cast-alu- minum luminaire adaptor, with decorative half- sphere.A structural 1/2" (13 mm)rod is welded to the arm and pole adaptor. Ordering Sample Lamp Luminaire Optical System Voltage Mounting: Configuration Pole Finish Options 100 HPS I DMS50 SHA3M-ACDR 120 IF-1A R80-15 I GNTX FS Lumec reserves the right to substitute materials or change the manufacturing process of its products without prior notification. Pnete.t In Carai'fe. DMS50 Lumin aire V-111MIN-1110- 2 3/8'16o mm) The OMS60luminaire consists of a 271/2' outside diameter sealed optical chamber made of a hydro- (698 mm) tube adaptor n Insertion P Y of tenon formed reflector permanently sealed on 2'(51 mm) an injected refractor,with internal prisms only(SHA/SSA optics).SCB/SHB optics E use a tempered-glass lens. "; E Atoolfree lamp access shutter and E sleeve,with self-adjusting injection- E 3 �� E= ^'i a molded silicone gasket,keep the e optical chamber hermetically sealed. a The optical system is surrounded by / E a one-piece,two-arm,cast aluminum o E 1 271/2' i ;E cradle welded to the bottom piece I698mml =S of a cast-aluminum technical ring. — A large aluminum hood and a deflector are mechanically assembled on the top part of the technical ring. Insertion depth EPA:1.00 sq.ft. A large,bell-shaped spun-aluminum 41/8•-LD, of tenon Weight:42lbs(19.1 kg) skirt is mechanically assembled to the (105 mm) 4'(102 mm) bottom section of the technical ring. EPA:1.82 sq.ft. DMS50-SCB/SHB-FB The DMS60luminaire is UL and CSA Weight 40lbs 118.1 kgl OMS50 with SHA/SSA optics approved. and a flat base spinning(FB) DMS60-SHA Configurations ' 4Finishes Luminaire Options 16 Standard Colors Available FS Fusing(consult Lumec) The specially-formulated textured(TX) HS House shield IA 2 2A C 2A 3,66 Lumital powder coat is available in a FB Rat base spinning 2 range of 16 standard colors.This unique coating of thermosetting polyester resins Q q r 10 provides a highly-durable UV-resistant P' Options db o- , 3,os exteriorfinish as perASTM-G7. HB Hinged base 3 3B 4 Lumital coatings are specially formulated (APR4&APS4 poles only) for outstanding salt-spray resistance DR' Duplex receptacle �c 8 according to ASTM B117 standards. (120 volts only) 2'" All surfaces are chemical) treated using M y g GF1' Duplex receptacle with a four-step(aluminum)or six-step(steel) ground fault interrupter process prior to painting.Consult Lumec (120vohs only) Typical wall mounting detail — 1.83 for complete specifications. PH Photoelectric cell for Domus luminaire mountings SC Special Color LS• Provision for loudspeaker outlet 40.61 Provide a 4"(102 mm)square color chip. BA* Banner arm 2'z3'151x76mml A _Ibyolherj Junction box It is possible to order smaller minimal IP Interior paint(pole only, v wallquantities of powder paint at a consult factory for applicable poles) a� bracketpremium.Your representative will be LBC Optional base cover F able to tell you if a powder coating can i o be developed for your project. Consult factory for feasibility with Lumiseal,a biofriendly reactivecast-aluminum shafts. organic conversion coating,is applied Base coverforAPR4&SPR4 poles only m on all aluminum parts that are subject (replace standard base cover). ' -APR4 APR4 SM6 R80 m to salt-spray corrosion.Consult Lumec &LBC2 &TBC1 •� 7/8'122mm1 for complete specifications. G �^ Max.bolt +projection °Q° °O° O �Oe Please note that where quantities b tl b,..d do not warrant it,Lumec reserves t91 Access door C8:63/4po CB:63/4po CB:101/2po CBA21/2po the right to use an oven-cured liquid -'�- (171mml (171mm) 1267mm) 1318mml polyurethane finish. LBC2 LBC3 f) LBC1 Consult the Pole Guide for details Consult the Pole Guide for details and the complete line ofmountings. and the complete line of poles. B40 LBC4C/S LBC9 B104 Registered Lumec inc. • 1 I • r - r t I r ONSM The OMS50 luminaire can accomodate SG and SE segmented optical systems. 23/8'(60 mm) Insertion 2 3/8'(60 mm) Insertion outside diameter outside diameter Toolfree access to the interior of tube adaptor n of tenon tube adaptor of tenon The Luminous Dome(LD)and the luminaire permits easy access 2'(51 mm) 2151 mm) Luminous Ring(LR)options are to the lamp• only available with the SE and The optical system is placed in a d _ d _ SG optical systems. cast-aluminum technical ring,which m F E c� E E E E ,M is assembled in housing housing. _ Domus Series DMS50 and A SLG sag lens or OL drop lens iso DMS601-luminaires can incorpo required uvith SE optical systems. J - J rate SG and SE optical systems. L , , l� Segmented optical system E The large SG CLIt-off optical system 27 1/2' ;ii yields excellent optical performance (698 mm) ;with maximum light control while (698 mm) the smaller SE cut-off optical system provides different distributions. Weight 200 sq.9. EPA:42 lbs s 19.1 P Weight 42 lbs(19.1 kgl Weight:421bs 119.1 kg) Ease-of-maintenance Tool-free access to the interior of DMS50-SE-SLG DMS50-SG-DL the housing via a latch,contributes DMS50 with SE optics and a sag lens(SGL.) DMS50 with SG optics and a drop lens(DL) to the ease of maintenance charac- teristic of Domus Series. Lamp,Guide Optical Options Lumital surface treatment 60 DMSG50 SG optics FS Fusing(consult Lumec) All luminaires,mountings and Wattage SG SE l� Segmented cut-off reflector HS House shield ISG optics only) poles are protected by the Lumital'"' 70 IVIH,medium • — — system set in faceted arc- DL Polycarbonate drop lens surface treatment,which involves 100 MH,medium • — — image duplicating patterns _ (SG or SE optics only,250W max.) the chemical preparation of all 175 MH,mogul • — — SGt: Asymmetrical(1) 1250W remote ballast) surfaces prior to the application 250 MH,mogul • — — SG2: Asymmetrical(II) SLG Tempered glass sag lens of a coating of polyester-based 400 MH,mogul •r •r •r — (SG or SE optics only) 70 HPS,mogul • textured powder for superior SO: Asymmetrical(III) _ (Standard when used with SE optics) resistance. —100 HPS,mogul • — — SGQ: Symmetrical(V) LD Luminous dome - available with SG cs only) 150 HPS,mogul • — — SGFM: Forward-throw (Maximu 250W rem1ote ballast) (Not available in 200,250 and 250 HPS,mogul • — WA 400W,HPS) _ LR Luminous ring 400 HPS,mogul N/A • N/A (available with SG optics only) • Remote ballastinmoundngorpolebase SE Optics(DMS50only) (Maximum 25OW-remote ballast) ' Requires a reduced jacketlamp. 4 Small hydroformed cut-off FB Rat base spinning reflector system set in fac- DMS50Tm and DMS60TM'Domus Series eted arc-image duplicating luminaires accommodate H.I.D.or patterns. (Notavailablein2o0, incandescent lamps as shown in 250 and 409W,HPS) the above table. SE3: Asymmetrical(111) HPS ballasts feature a-40F(-40C')lamp SE5: Symmetrical(V) starting capacity with a high power factor of 90%and operate within ANSI Please consult factory for details. trapezoidal limits.MH ballasts feature a (Clearlamps not included) -20F(-30C`)lamp starting capacity with For further information,refer to the a high power factor of 90%.All ballasts Outdoor Lighting Application Guide. are UL recognized and CSA certified. DMS50 Luminaire with luminousoptions To achieve a high level of The ballast is integrated in the hood customer satisfaction,Lumec of the luminaire. designs and manufactures 2 3/8'(60 mm) 2 3/8-(60 mm) products accordin to Me outside diameter Insertion outside diameter Insertion g tube adaptor of tenon tube adaptor n of tenon most stringent standards 2'(51 mm) 1 2'(51 mm) !SO 9001 Registered _ E The quality management ^ E y E system of Lumec is registered E "E ^'Q a to ISO-90012000. "E J — 3 640 Cure-Boivin a e 27 t/z Boisbriand,Quebec a 1 (698 mm) Canada,J7G 2A7 I z71/2 i Tel: (450)430-7386 (698 mm) Fax.:(450)430-1453 www.lumec.conl EPA:1.20 sq.h. EPA:1.20 sq.ft Weight 42 lbs(19.1 kg) Weight 42 lbs If 9.1 kg) OMS50-SG-LR-DL OMS50-SG-LD A Genlyte company DMS50 with SG optics, OMS50 with SG optics, a luminous ring(LR)and a drop lens(DL) and a luminous dome(LD) Y � J-410 a a w- oo-. N ' N"a n ME ua e S r s s COMMUNITY DECLARATION FOR BAXTER MEADOWS MASTER COMMUNITY g a TABLE OF CONTENTS ARTICLE 1 Page SUBMISSION/DEFINED TERMS ........................................................................................... 2 Section 1.1 Submission of Real Property to the Community Declaration .................... 2 Section 1.2 Purpose and Intent ..................................................................................... 2 Section1.3 Binding Effect ............................................................................................ 2 Section1.4 Name and Type .......................................................................................... 3 Section 1.5 Governing Documents ................................................................ ........ ..... 3 Section 1.6 Defined Terms ............................................................. .............. 3 ARTICLE 2 THE COMMUNITY ASSOCIATION OPERATIONS ................................................ ........ ..... 8 Section 2.1 General Purposes and Powers of the Community Association .................. 8 Section 2.2 Deemed Assent, Ratification and Approval ............................... .............. 8 Section 2.3 Duty of the Board to Exercise Judgment and be Reasonable/Rights of Owners ........................................................................................ .............. 8 Section 2.4 Community Manager .................................................................. .............. 9 Section 2.5 Election of the Board of the Community Association ................ .............. 9 Section 2.6 Declarant's Right to Appoint During Period of Declarant Control ........... 9 Section 2.7 Duty to Provide Audit .............................................................................. 10 Section 2.8 Operating Fund ........................................................................................ 10 Section 2.9 Establishment of Other Funds .................................................................. 10 Section 2.10 Authority for Disbursements ................................................................... 10 Section 2.11 Power to Provide S ecial or Community Services .................................. 10 Section 2.12 Power to Operate and Charge for Facilities and Services ....................... 11 Section 2.13 Bulk Service Agreements ......................................................................... 11 Section 2.14 Right to Notice and Comment ..................:.............................................. I 1 Section 2.15 Indemnification ........................................................................................ 11 Section 2.16 Education and Training ............................................................................ 12 ARTICLE 3 MEMBERSHIP,DELEGATE DISTRICTS,VOTING AND ASSESSMENT ALLOCATIONS ............................................................................................................. 12 Section3.1 Membership ............................................................................................... 12 Section 3.2 Establishment of and Modification of Delegate Districts ........................ 12 Section 3.3 Voting Rights of Members ........................................................................ 13 Section 3.4 Voting Allocations .......................................................................:............ 13 Section 3.5 Proxies Of Members ................................................................................ 14 Section 3.6 Voting Rights of Delegates ....................................................................... 14 Section 3.7 Manner of Voting by Delegates ....................................................,............ 14 Section 3.8 Delegates as Advisory Committee. .......................................................... 15 Section 3.9 Assessment Allocations ............................................................................ 15 Section 3.10 Re-Allocations. ........................................................................................ 16 I II II II II I II `I�IIII I�I` �2028 3 11111111111111111 shalloy Vance-Gallatin Co MT MI6C 641.00 f ARTICLE 4 UNIT DESCRIPTIONS/COMMON ELEMENTS/EASEMENTS .................................................................................................. 16 Section 4.1 Identification of Unit Descriptions .......................................................... 16 Section 4.2 Common Elements ................................................................. ................. 17 Section 4.3 Duty to Accept Common Elements and Facilities Transferred by Declarant .................................................................................................. 17 Section 4.4 Utility, Map and Plat Easements .............................................................. 17 Section 4.5 Owners'Easements of Enjoyment ........................................................... 17 Section 4.6 Ri htg s Regarding Recreational Facilities ................................................ 18 Section4.7 Delegation of Use. ................................................................................... 18 Section 4.8 Liability of Owners for Damage ............................................................... 19 Section 4.9 Power to Grant Easements ....................................................................... 19 Section 4.10 Safety and Securitv ................................................................................... 19 ARTICLE 5 COMMUNITY ASSOCIATION MAINTENANCE RESPONSIBILITIES .................................. 19 Section 5.1 Duty to Manage and Care ........................................................................ 19 Section 5.2 Flexible Authority of the Board for Community Association Maintenance ............................................................................................20 Section 5.3 Generally Designated Areas of Maintenance ........................ .................20 Section 5.4 Additional Services .................................................................................. 22 Section 5.5 Responsibility .........................................................................................22 ARTICLE 6 COVENANT FOR ASSESSMENTS .......................................................................... ............ 23 Section 6.1 Creation of Community Association Lien and Personal Obligation to Pay ............................................................................................................ 23 Section6.2 Continuing_Lien ........................................................................................ 23 Section 6.3 No Exemptions, Offsets or Reductions ........................................ ............ 23 Section 6.4 Capitalization of the Association/Working Funds ................................... 23 Section6.5 Transfer Fees ........................................................................................... 24 Section 6.6 Assessment Allocations ........................................................................... 24 Section 6.7 Community Wide Services Assessments .................................................. 24 Section 6.8 Residential Services and/or Recreational Assessments ........................... 25 Section 6.9 Sub Association Assessments .................................................................. 25 Section 6.10 Special Residential Services Assessments ............................................... 26 Section 6.11 Commercial Services Assessments .......................................................... 27 Section 6.12 Sub Association Assessments of the Community Association ................ 27 Section 6.13 Other Assessments .................................................................................. 28 Section 6.14 Statements of Account ............................................................................ 28 Section 6.15 Effect of Non-Payment of Assessments ................................................... 28 Section6.16 Lien Priority............................................................................. .................28 Iillll IIIII IIIII IIIII IIIlI IIIII IIIIiII III Illl ill Ilil 220?$?5P Shelley Vanes-Gallatin Co MT MISC OWN 2202825 111111111111111111111111111111111111111111111 P Shelley Vance-Gallatin Cc MT MI6C 661.00 ARTICLE 7 GENERALRESTRICTIONS ............................................................................................... 29 Section 7.1 Purposes, Plan of Development; Applicabili , Effect ............................ 29 Section 7.2 Changes in Circumstances Anticipated ................................................... 30 Section 7.3 Owner Acknowledgment ......................................................................... 30 Section 7.4 Use Covenants and Restrictions Based on Zoning .................................. 30 Section 7.5 Units to be Maintained ........................................................... .... 30 Section 7.6 Architectural Review by the DRB/Required Approval.............................30 Section 7.7 Landscaping Requirements of Owners/Restrictions and Maintenance Covenants ................................................................................................. 30 Section 7.8 Subdivision of Units ................................................................................ 33 Section 7.9 Restrictions on Subordinate Covenants.Maps and Planned Unit Developments on Residential Units ......................................................... 34 Section 7.10 Use of Common Elements ....................................................................... 34 Section 7.11 Restriction on Timesharing,Vacation Clubs and Similar Programs ....... 34 Section 7.12 Right of Owners Re a rding Rules and Regulations ................................ 35 Section 7.13 Construction Use ...................................................................................... 35 Section 7.14 Reasonable Rights to Develop ................................................................. 35 ARTICLE 8 INSURANCE/CONDEMNATION ......................................................................................... 35 Section 8.1 Community Association Hazard Insurance on the Common Elements ... 35 Section 8.2 Community Association Premium Insurance .......................................... 37 Section 8.3 Community Manage Insurance ................................................................ 37 Section 8A Waiver of Claims Against Community Association ................................ 37 Section 8.5 Adjustments by the Community Association .......................................... 38 Section 8.6 Condemnation and Hazard Insurance Allocations and Distribution ....... 38 ARTICLE 9 DEVELOPMENT RIGHTS ................. . 38 ................................................................................ Section 9.1 Development Rights and Special Declarant Rights ................................. 38 Section 9.2 Development of the Community-Supplemental Declarations ............41 Section 9.3 No Annexation Required, Contraction of Project Area, Withdrawal of Annexed Property ................................... ................. ............ . ....... 42 Section 9.4 Declarant's Rights to Complete Development of Project Area ...............43 ARTICLE 10 GENERAL PROVISIONS .................................................................................................... 43 Section 10.1 Compliance and Enforcement .................................................................. 43 Section 10.2 Joint Right to Enforce Junior or Subordinate Covenants ........................ 44 Section 10.3 Violations Constitute a Nuisance ............................................................. 45 Section 10.4 Remedies Cumulative .............................................................................. 45 Section 10.5 Severability .............................................................................................. 45 Section 10.6 Term of Community Declaration ............................................................ 45 Section 10.7 Amendment of Community Declaration,Map or Plat by Declarant ....... 45 Section 10.8 Amendment of Community Declaration by Owners ............................... 46 Section 10.9 Amendment Required by Mortgage Agencies ......................................... 46 Section 10.10 Required Consent of Declarant to Amendment ....................................... 46 Section 10.11 Validity of Amendments .......................................................................... 47 Section 10.12 Internretation ............................................................................................ 47 Section 10.13 No Representations or Warranties ........................................................... 47 Section 10.14 Singular Includes the Plural ..................................................................... 47 Section10.15 Captions ................................................................................................... 47 Section 10.16 Liberal Interpretation ..................:.................... .................. ...................... 47 Section 10.17 Governing Law ........................................................................................ 47 EXHIBIT A PROPERTY WHICH ONCE OWNED BY DECLARANT MAY BE ADDED TO THE COMMUNITY DECLARATION ............................... ................................................... 49 EXHIBIT B INITIAL REAL PROPERTY .......................................................................................... 50 EXHIBIT C ADDITIONAL PROPERTIES THAT MAY BE ADDED ............................................. 51 1 Illli IIIIIII III IIIII 1111 IIII Z202f 3 2 fllllllllllllllllllifl Illl Sh*116V VAM04-04111tin Co MT M16C 601.00 COMMUNITY DECLARA TION FOR BARTER MEADOWS MASTER COMMUNITY THIS COMMUNITY DECLARATION FOR BAXTER MEADOWS MASTER COMMUNITY, ("Community Declaration") is made on the date hereinafter set forth by Baxter Meadows West, LLC, a Montana limited liability company, with an address of 3985 Valley Commons Drive, Bozeman, MT 59718 ("Declarant"). RECITALS A Declarant expects to and may become the owner of portions of certain real estate in Bozeman (the "City") and/or in the County of Gallatin, State of Montana, which is generally shown by the illustration contained in Exhibit A attached hereto and by reference made a part hereof(the"Project Area"). B. As Declarant becomes the owner of portions of the Project Area, or afterwards, Declarant anticipates that those portions may be made subject to this Community Declaration, and thereafter be part of the"Real Property"as that term is used in this Community Declaration and as described in Exhibit B of this Community Declaration,as Exhibit B may be amended and supplemented from time to time. C. Declarant may also add, with the consent of the owners or any applicable owner's association,the properties described in Exhibit C to this Community Declaration. D. Declarant desires to create a Master Planned Community on the Real Property under the initial name of`Baxter Meadows Master Planned Community,' in which portions of the Real Property will be designated for separate ownership, with allowed diverse mixed uses, including residential uses, office uses, retail uses, light industrial and related uses, commercial uses, employment uses, education uses and public and private open space uses. E. Declarant, by this Community Declaration,desires: (i) to allow for and encourage the purposes of the development, including residential uses, office uses,retail uses, light industrial and related uses, commercial uses, employment uses, education uses and public and private open space uses; (ii) to allow for and encourage diversity of residential housing and mixed uses within the Community; (ill) to further promote the welfare of the community and its residents, occupants, tenants and guests; Page I of 52 Master Declaration,RNAL.wpd IIIIIIIillllllilll1111111111llllllllllllllllllllllllill 2202825 P Shelley Vance-Gallatin Co MT MISC 601.00 (iv) to provide for the maintenance, repair, improvement and replacement of the Common Elements and to provide services as set forth in this Community Declaration and various budgets of the Community Association; (v) to provide for the implementation of the powers and duties of the Board as set forth in this Community Declaration and the other Governing Documents of the Community; and (vi) to implement the purposes of the Community Association as provided for in this Community Declaration and as provided for in any of the other Governing Documents of the Community. G. Declarant desires to provide for the development of the Project Area to achieve these stated general purposes, and to allow the Community to undertake and continue these stated purposes as integral and fundamental aspects of the Community. H. Declarant has caused the "Baxter Meadows Master Community Association," a Montana nonprofit corporation, to be incorporated under the laws of the State of Montana, as a master owners' association, for the purpose of exercising the functions set forth in this Community Declaration. Now, therefore, Declarant declares as follows: ARTICLE 1 SUB MISS[ONIDEFINED TERMS Section 1.1 Submission of Real Property to the Community Declaration The Declarant hereby submits the property described in Exhibit B, and such additional property as may be subsequently added(the" Real Property") to the terms and conditions of this Community Declaration. This Community is not subject to M.C.A. 70-23-101. Section 1.2 Purpose and Intent . Declarant declares that this Community Declaration is made for the purposes set forth in the recitals of this Community Declaration. Declarant intends that this Community Declaration establish a general plan for the development of the Community. This Community Declaration is intended to and provides a flexible and reasonable procedure for the future expansion of the Community and provides for its overall development, administration, maintenance and preservation. An integral part of the development plan is the creation and operation of the Community Association to own, operate and maintain various Common Elements and community improvements, and to administer and enforce this Community Declaration and the other Governing Documents referenced in this Community Declaration. Section 1.3 Binding_Effect. Declarant hereby declares that all of the Real Property shall be held, sold, and conveyed subject to the easements, restrictions, covenants and conditions of this Community Declaration except such portions of the Real Property as are a part of or are Page 2 of 52 Master Declaration,FINAL.wpd I I��III��f11 I�III IIII�I��I�IIIII(��If JJ ff Page: 7 of 03 2202825 I�IIII�I�IIIIII� 09122/2005 12;00P Shelly Vance-Gallatin Co MT MISC 601.00 subsequently dedicated as right-of-way, public street, road or highway or dedicated as and used as a public park. Portions of Real Property once subject to this Community Declaration that become exempt upon dedication as a right-of-way, public street, road or highway, or dedicated as and used as a public park, shall, upon vacation of all or any part of the dedication, then again be subject to this Community Declaration, to the extent of such vacation. Declarant declares that this Community Declaration shall run with the Real Property and shall be binding on all parties having any right, title or interest in the Real Property or any part thereof, their heirs, legal representatives, successors,and assigns and shall inure to the benefit of each Owner thereof. Section 1.4 Name and Type . The type of Community is a Master, Planned Community, The Community may be located both in the City and/or in Gallatin County, State of Montana. The name of the Community is `Baxter Meadows Master Community. Section 1.5 Governing Documents. The Community's Governing Documents consist of the following, as they may be amended: (a)Articles; (b)Bylaws; (c) Community Declaration; (d) plats, maps (as those terms are defined in this Community Declaration) and deeds, as appropriate; (e) Supplemental Declarations; (f) Rules and Regulations; and (g) Board Resolutions. Portions of the Real Property within the Community may be subject to additional covenants, restrictions and easements, which a Sub Association may administer. In such case, if there is a conflict between or among the Governing Documents and any such additional covenants or restrictions, or the governing documents or policies of any such Sub Association, the Governing Documents shall control. Nothing in this Section shall preclude any Supplemental Declaration or other recorded covenants applicable to any portion of the Community from containing additional restrictions or provisions which are more restrictive than the provisions of this Community Declaration and, in such case, the more restrictive shall control. Section 1.6 Defined Terms. Each capitalized term in this Community Declaration or in the plats or maps shall have the meaning specified unless otherwise defined in this Community Declaration or in a plat or map, or unless the context requires otherwise, all as set forth below: 1. "Allocated Interests" shall mean the applicable Assessment liability and also the votes in the Community Association allocated in this Community Declaration,as allowed for in the Act. 2. "Alternate Delegate " shall mean the person selected by the Owners in a Delegate District to represent the Delegate District and cast votes in the instance where the elected Delegate has resigned or has become ineligible to serve as the Delegate. 3. "Articles" shall mean the Articles of Incorporation for the Baxter Meadows Community Association,Inc., as may be amended from time to time. Page 3 of 52 Master Declaration,FINAL.wpd 1 22Oof 9311IIII Hill 11111111111111111111111111111 Hill 111111111 Shelley Vanoe-Qaiiatin Cc MT MISC 601.00 4. "Assessment(s)" shall mean a Community Wide Services Assessment, a Residential Services and/or Recreational Assessment, the Assessment, the Commercial Services Assessment, the Working Fund and any other assessment as allowed or provided for by this Community Declaration or the Act. 5. "Board" or" Executive Board" shall mean the body designated in this Community Declaration to act on behalf of the Community Association. 6. "Builder" shall mean a home builder, general contractor or other party, which may also be an Owner, other than the Declarant, who acquires one or more Units without Improvements of a home, office building or commercial building constructed thereon for the purpose of constructing the initial Improvements upon the Unit or for the purpose of reselling or renting to a third party or third parties, or who purchases one or more parcels of land in the Community for further subdivision, development, and/or resale in the ordinary course of its business. 7. "Bylaws" shall mean the Bylaws adopted by the Community Association, as may be amended from time to time. 8. "City"means City of Bozeman, Montana. 9. "Commercial Services Assessment(s) " shall mean an Assessment for expenditures made or liabilities incurred by or on behalf of the Community Association for any special or unique services offered to, requested by a Commercial Unit Owner or group of Commercial Unit Owners, or as otherwise made available by the Community Association, including operational expenses, maintenance, repair, replacement and improvement, together with an allocation for reserves, and including late charges, attorney fees, fines, collection costs, and interest charged by the Community Association. 10. "Commercial Units" shall mean and include each separately owned Unit that may be used for commercial purposes.. 11. "Common Land and Facilities " shall mean the Real Property within this Community owned by or ]eased by the Community Association, including easements, if any, other than a Unit,which Real Property may be designated in recorded plats,maps and/or deeds. 12. "Community" means the Master Planned Community created by this Community Declaration. 13. "Community Association"or" Association" shall mean the Baxter Meadows Master Community Association, Inc., a Montana nonprofit corporation. 14. "Community Declaration"shall mean this Community Declaration for Baxter Meadows Master Community, as amended and supplemented from time to time. 15. "Community Manager" shall mean any one (1) or more persons or companies engaged or employed by the Community Association to perform any of the duties, powers or functions of the Community Association. 16. "Community Wide Services Assessment(s) " shall mean an assessment for common expenses, incurred by or on behalf of the Community Association for the annual costs of Page 4 of 52 Master Declaration,F[NAL.wpd I IIIII IIII IIIII IIIII IIII IIII I�Il�il III IIIII IIII IIII 2202825P Shelley Vanee-Oallstln Co MT M[SC SO.00 operating the Community Association, together with an allocation for reserves, and including the late charges,attorney fees,fines, collection costs and interest charged by the Community Association. 17. "Declarant" shall mean the Declarant named in this Community Declaration, and any successor and/or assignee designated by written notice or assignment executed by the then Declarant and executed by the transferee and recorded to the extent any rights or powers reserved to Declarant are transferred or assigned to that party. 18. "Delegate" shall mean the natural persons selected by Members within a Delegate District to represent a Delegate District and to cast votes on behalf of Members within a Delegate District as provided in this Community Declaration. 19. "Delegate District" shall mean a geographical area which may constitute any portion or portions of the Real Property and from which all Members in that geographic area shall elect a single Delegate to represent their collective voting power. Parts of a Delegate District need not be contiguous. 20. "Design Review Board" (DRB) shall be the committee appointed by the Declarant, as allowed for in this Declation, subject to the terms of this Declaration. 21. "Development Rights" or "Special Declarant Rights" shall mean those rights set forth in this Community Declaration and those rights set forth in the Act. 22. "Dwelling Unit" shall mean and include any portion of the Improvements on a Unit improved to allow separate occupancy for primarily residential use. 23. "Governing Documents" shall mean those documents listed in the applicable section of this Community Declaration, as they may be amended from time to time. 24. "Improvement(s)" shall mean structures or improvements of any kind installed upon a Unit. 25. "Limited Common Elements" shall mean those portions of the Common Elements, if any, designated by Declarant for the exclusive use of one (1) or more but fewer than all of the Units. 26. "Member" shall mean the person, or if more than one, all persons collectively, who constitute the Owner of a Unit, as more fully provided for in the Articles and Bylaws. 27. "Membership" shall mean the rights and obligations associated with being a Member. 28. "Operating Fund" shall mean the account into which the Board shall deposit monies paid to the Community Association from the Working Fund and any portions of the Community Wide Services Assessment as determined by the Board. 29. "Sub Association" shall mean any unit owners' association organized and established or authorized pursuant to this Community Declaration and a Supplemental Declaration, the membership of which is composed of Owners of Units within that portion of the Real Property covered by a Supplemental Declaration Page 5 of 52 Master Declaration,FINAL."d IIIIIIIIIIIIII1111220eof 93 IIII ill IIIII IIIII IIIII IIIiI IIIII IIIII Shelley Vanoa-Oallat[n Co MT MISC 601.00 30. "Sub Association Assessments)"shall mean an Assessment for expenditures made or liabilities incurred by or on behalf of Sub Association, as provided for in this Community Declaration, and also as an option in lieu of a separate assessment by a Sub Association, including late charges, attorney fees, fines, collection fees and interest charged by the Community Association. 31. "Sub Association Service Assessment(s)" shall mean expenditures made or liabilities incurred by or on behalf of the Community Association for services only to a particular Sub Association of the Community, such as for a or a Limited Common Element, together with an allocation for reserves, and including late charges, attorney fees, fines , collection fees and interest charged by the Community Association. 32. "Period of Declarant Control" shall mean the period of time commencing on the date of recordation of this Community Declaration and expiring on the earlier of twenty (20) years thereafter, or sixty (60) days after conveyance or creation of seventy-five percent (75%) of the Units that may be created by Owners other than Declarant, or six (6) years after the last conveyance of a Unit by the Declarant in the ordinary course of business; provided, however, that if the Period of Declarant Control has not terminated pursuant to the foregoing provisions, the Period of Declarant Control shall in any case terminate on the date upon which all property in the Project Area has become a part of the Community and the last Unit within the Community has been conveyed by the Declarant. Should it choose to do so, Declarant may relinquish declarant control sooner than required under this provision and such relinquishment shall be in writing. 33. "Project Area"shall initially mean all of the real estate generally described, shown and depicted by the illustration contained in Exhibit A attached hereto. The Project Area shall also include any additional lands as may later become subject to Declarant's rights of annexation, as allowed for in this Community Declaration. 34. "Real Property" (or "real estate") shall mean the property described in Exhibit B, and such additional property as subsequently may be added, pursuant to the expansion rights reserved in this Community Declaration, together with all easements, rights, and appurtenances thereto and the buildings and Improvements erected or to be erected thereon. Easements and licenses to which the Common Interest Community is initially subject to are to be set forth, as applicable, in Exhibit B. 35. "Recreational Facilities" shall mean one (1) or more recreational improvements on a portion or portions of the Common Elements, which, if limited to use by less than all Members, shall be deemed a Limited Common Element. 36. "Residential Services and/or Recreational Assessment(s) " shall mean an Assessment for expenditures made or liabilities incurred by or on behalf of the Community Association for operating, maintaining, repairing, replacing and improving Recreational Facilities , together with an allocation for reserves, and including late charges, attorney fees, collection fees, fines and interest charged by the Community Association, Page 6 of 52 Master Declaration,FINAL.wpd IIIIiIIIIIIIIIIIIIIIIIIIIIIiIt 220?8z5P I IIIIII lllll Iliil IIIII III Shelley Vanes-Gallatin Co MT MSC 501.00 37. "Residential Units" shall mean and include any Unit or lot primarily intended or zoned for residential uses, including, Units where any residential condominium units have the right to be created or have been created; Units where apartments have the right to be created or have been created; and Units where a single family home or other property for individual occupancy has the right to be created or has been created. 38. "Rules and Regulations" means all rules, regulations, procedures and any Renovation and Remodeling Criteria, as the same may be adopted and amended from time to time by the Board, pursuant to this Community Declaration. 39. "Special Residential Services Assessment(s)" shall mean an Assessment for expenditures made or liabilities incurred by or on behalf of the Community Association for any special or unique services offered to, or requested by a Unit Owner or otherwise made available by the Community Association, including operational expenses, maintenance, repair, replacement and improvement, together with an allocation for reserves, and including late charges, attorney fees, collection fees, fines and interest charged by the Community Association. 40. "Supplemental Declaration" shall mean a written recorded instrument containing covenants, conditions,restrictions,reservations, easements or equitable servitudes, or any combination thereof, which affects any portion, but not all, of the Real Property, which has been approved, in writing, by the Declarant, or if this approval right is assigned by Declarant, then is approved by Declaratifs assignee. 41. "Unit" shall mean a physical portion of the Community, designated for separate ownership, shown as a condominium unit, or lot or described as a separate parcel or separately deeded; or assessment or voting equivalent, as appropriate and applicable in the context. The definition "Unit" is not the same as the definition of"Unit" in M.C.A. 70-23-102(14). 42. "Unit Owner"or"Owner"shall mean any person or entity that owns a Unit. 43. "Units That May Be Created" shall mean the grand total of eight thousand (8,000) Units, consisting of up to: (i) three thousand(3,000) individually owned Residential Units; (ii) one thousand(1,000) unit equivalents (for Residential Units used as a part of residential building or buildings devoted to apartments or multifamily rental use), on the basis of one (1) unit equivalent for every five (5) Dwelling Units, with the maximum number of rental Dwelling Units of five thousand(5,000) divided by 5 = 1,000; (iii) three thousand (3,000) unit equivalents, based on use for commercial, industrial, office or for public or private recreation use, on the basis of one (1)unit equivalent for every 2,000 square foot increment of the maximum allowed square footage of twelve million (6,000,000) divided by 2,000 square feet=3,000; Pap 7 of 52 Master Declaration,FINAL."d 1111111111111111111111111111111111111111111111111111111 202825P Shelley Vance—Gallatin Cc MT MISC 001.00 (iv) one thousand(1,000)for Units or unit equivalents, allocated to any one of the above uses or to other uses. The grand total, above provided, shall be the maximum number of Units that may be subject to this Community Declaration if all of the Project Area becomes a part of the Community. The aforesaid number of Units That May Be Created is not, however, a representation or guaranty by Declarant as to the actual number of Units that will ultimately be included in or constructed as part of the Community. 44. "Working Fund" shall mean an Assessment for the Association's operating capital, as allowed for in this Community Declaration. ARTICLE 2 THE COMMUNITY ASSOCIATION OPERATIONS Section 2.1 General Purposes and Powers of the Community Association. (a) The Community Association,acting through the Board,shall: (i) perform functions and manage the Community as provided for in the Governing Documents,to meet the purposes of this Community Declaration, and (ii) manage any other Sub Associations as may subsequently be created within the Community, as and if provided for in the Supplemental Declaration for that Sub Association,all as allowed for in this Community Declaration. (b) The Community Association shall also have all power necessary or desirable to effectuate its purposes as an owners' association as provided for in this Community Declaration. Section 2.2 Deemed Assent,Ratification and Approval . All Owners, occupants and residents in the Community shall be deemed to have assented to, ratified and approved the general purposes of this Community Declaration and the power, authority, management responsibility and designation of the Community Association, acting through the Board as allowed for in this Community Declaration. Section 2.3 Duty of the Board to Exercise Judgment and be Reasonable/Rights of Owners. In furtherance of the purposes of this Community Declaration, the Owners shall have the right and benefit of the administration of the Community by the Board, with the Board required to exercise judgment and reasonableness on behalf of the Community Association and Owners. Page 3 of 52 Master Declaration,FINAL.wpd (IIIII IIIII IIIII IIIII IIIII IIIII IIIIIII 111 illlll III(III 2201220068 z 5P Shelley Vanoo-Gallatin Co MT MISC M AO Section 2A Community Manager . The Board may, by written resolution, delegate authority to a Community Manager, provided no delegation shall relieve the Board of final responsibility. Section 2.5 Election of the Board of the Community Association . The Board shall be elected by Delegates representing Delegate Districts within the Community, provided, however, that the Declarant shall have the sole right to appoint all or certain of the members of the Board as allowed for in this Community Declaration. Delegates shall be elected by Owners within each Delegate District, acting in their capacity as Members of the Community Association. Section 2.6 Declarant's Right to Appoint During Period of Declarant Control. (a) During the Period of Declarant Control, the Declarant's appointment rights are subject to the following: (i) From and after the date of recordation of this Community Declaration until the date that is sixty (60) days after the date of conveyance by Declarant or creation by Declarant and others of twenty- five percent (25%) of the Units that May Be Created are conveyed to Owners other than Declarant, or are created, Declarant may appoint and remove all members of the Board. (ii) From and after the date which is sixty (60) days after the date of conveyance by Declarant or creation by Declarant and others of twenty- five percent (25%) of the Units That May Be Created are conveyed to Owners other than Declarant, or are created, until the date that is sixty (60) days after the date of conveyance by Declarant or creation by Declarant and others of fifty percent (50%) of the Units That May Be Created are conveyed to Owners other than Declarant, or are created, the Owners other than Declarant (acting through their Delegates) shall have the right to elect a number of the members of the Board equal to the greater of one (1) or twenty-five percent (25%) (rounded to the nearest whole number) of the total number of the members of the Board, and the Declarant may continue to appoint and remove all other members of the Board. (iii) From and after the date which is sixty (60) days after the date of conveyance by Declarant or creation by Declarant and others of fifty percent (50%) of the Units That May Be Created are conveyed to Owners other than Declarant until the date of termination of the Period of Declarant Control, the Owners other than the Declarant (acting through their Delegates) shall have the right to elect a number of the members of the Board equal to one (1) or thirty-three percent (33%) (rounded to the nearest whole number) of the total number of members of the Board, and Page 9 of 52 Master Declaration,FINAL.wpd 1111111111111111111111111111111111111111111111111111111 Z202825 Shelley Vance-Gallatin Cc MT MISC eet.0a the Declarant may continue to appoint and remove all other members of the Board. From and after termination of the Period of Declarant Control, the Owners (acting through their Delegates), including Declarant (if Declarant is then an Owner), shall elect a Board of at least three (3) members, at least a majority of whom must be Owners other than Declarant or designated representatives of Owners other than Declarant. (b) The Declarant may voluntarily surrender any or all of the foregoing rights to appoint and remove officers and members of the Board before termination of the Period of Declarant Control. In that event, the Declarant may require, for the duration of the Period of Declarant Control, that specified actions of the Board, as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective. Section 2.7 Duty to Provide Audit or Financial Review . The Community Association shall provide for an annual independent audit or financial review of the accounts of the Community Association. Copies of the audit or review shall be made available to any Owner, on request, for a reasonable fee for the cost of copying the audit. Section 2.8 Operating Fund. The Board shall establish a fund(the"Operating" Fund") into which shall be deposited monies for maintenance, repair, replacement and improvement of the Common Elements. Section 2.9 Establishment of Other Funds. The Community Association may establish other funds as and when needed and nothing herein shall limit, preclude or impair the authority of the Community Association to establish other funds for specified purposes authorized by this Community Declaration. If the Community Association establishes any additional funds, the Board shall designate an appropriate title for the fund to distinguish it from the other funds maintained by the Community Association. Section 2.10 Authority for Disbursements. The Board shall have the authority to make or to authorize an agent to make disbursements of any monies in the Operating Fund or other funds that may be established pursuant to this Community Declaration. Section 2.11 Power to Provide Special or Community Services The Community Association shall have the power to provide services or offer community events to one (1) or more, but less than all, Owners. Any such service or services may also be provided pursuant to an agreement in writing, or through one or more Supplemental Declarations. Any such Supplemental Declaration or agreement may provide for payment to the Community Association Page 10 of 52 Master Declaration,FINAL.wpd i Iliill IIIII IIIII Iill)IIIII IIIII IIIIIII III Ililll III IIII ? @2 o825 f 03 Shelley vane-Gallatin Co M? MISC e01.00 by such Owner or Owners of the costs and expenses that the Community Association incurs in providing such services, including a fair share of the overhead expenses of the Community Association. In addition, any such Supplemental Declaration or agreement shall contain provisions assuring that the obligation to pay for such services shall be binding upon any heirs, personal representatives, successors and assigns of the Owner , and that the payment for such services shall be secured by a lien on the Unit of such Owners and may be collected in the same manner as an Assessment, or, if the written agreement so provides, in installments as part of the Community Wide Services Assessment. Section 2.12 Power to Operate and Charge for Facilities and Services. The Community Association shall have the power to acquire, create, own and operate any and all such facilities and services as it deems appropriate, and to establish charges for the use of facilities and services. The charges may include admission, rental or other fees and charges for any use of property, facilities or services of the Community Association. Such charges or fees shall be as determined from time to time by the Board. Section 2.13 Bulk Service Agreements . The Community Association shall have the power and authority to enter into bulk service agreements for such terms and rates as it deems appropriate in order to provide the Owners with any of the following services: cable television, community satellite television, electronic entertainment, information or communication services, or any other service the Community Association believes to be in the best interests of the Owners. If such a bulk service agreement is executed, the costs shall be allocated as a part of the Community Wide Services Assessment, Section 2.14 Right to Notice and Comment . Under circumstances as set forth in this Community Declaration, where the Community Declaration require that an action be taken after `Notice and Comment,' and at any other time the Board determines, the Owners have the right to receive notice of the proposed action and the right to comment orally or in writing. Section 2.15 Indemnification. To the full extent permitted by law, each officer and director of the Community Association shall be and is hereby indemnified by the Community Association against all expenses and liabilities, including attorney fees, reasonably incurred by or imposed upon such officer or director in any proceeding to which he or she may be a party, or in which he or she may become involved, by reason of being or having been an officer or director of the Community Association, or any settlements thereof, whether or not he or she is an officer or director of the Community Association at the time such expenses are incurred. This indemnification shall not apply in cases where an officer or director is adjudged guilty of willful misfeasance or malfeasance in the performance of his or her duties. In the event of a settlement, the indemnification provided for in this Community Declaration shall apply only when the Board approves such settlement and reimbursement as being in the best interests of the Community Association, Page I I of 52 Master Declaration,FINAL.wpd I III III Ilfil IIII�IIIII IIIII IIIII IIIIIII III IIIIII III IIII 22028200P Shelley vane-Gallatin Cc MT MISC 601.00 Section 2.16 Education and Training. As a Common Expense, the Community Association may provide education and training opportunities, including providing funding and permitting facilities use for such purposes. The Community Association may provide education and training activities as a tool for fostering Owner, resident and occupant awareness of governance, operations and concerns of the Community and of the Community Association. Appropriate educational topics include dispute or conflict resolution, issues involving the Governing Documents, and education or topics benefitting or contributing to operation or governance of the Community. The Community Association shall also fund, as a Common Expense, and support the education and training required for officers and directors. ARTICLE 3 MEMBERSHIP, DELEGATE DISTRICTS, VOTING AND ASSESSMENT ALLOCATIONS Section 3.1 Membership. Every person who is a record Owner of a fee interest in any Unit which is subject to this Community Declaration shall be a Member of the Community Association. There shall be one (1) Membership in the Community Association for each Unit within the Community. The person or persons who constitute the Owner shall automatically be the holder of the Membership appurtenant to the Owner's Unit, and the Membership shall automatically pass with fee simple title to the Unit. Membership shall be appurtenant to and may not be separated from ownership of any Unit. Ownership of a Unit shall be the sole qualification for Membership. Where more than one (1) person holds an interest in any Unit, all those persons shall be Members. No Owner, whether one (1) or more persons, shall have more than one (1) Membership per Unit owned, but all persons owning each Unit shall be entitled to rights of Membership and use of enjoyment appurtenant to ownership. The Articles of Incorporation and Bylaws of the Community Association may set forth classifications of Membership. Section 3.2 Establishment of and Modification of Delegate Districts. The Community shall be divided into Delegate Districts based on Sub Associations created or as otherwise determined by Declarant, and each Delegate District shall elect one (1) Delegate to the Community Association to exercise voting power of all of the Members in a Delegate District. The initial Delegate District(s) is/are established in this Community Declaration, Subsequent Delegate Districts shall be established by Supplemental Declarations. So long as it has the right to subject additional property to this Community Declaration, Declarant may unilaterally amend this Community Declaration or any Supplemental Declaration to re-designate Delegate District boundaries. However, two (2) or more existing Districts shall not be combined without the consent of Owners of a majority of the Units in the affected Districts. Page 12 of 52 Master Declaration,FINAL.wpd I ll II iII II 1Page: 17 of 2202825 109/22/2006 12300P Shaltay Vance-Gallatin Cc MT MISC 901.00 Section 3.3 Voting Rights of Members. (a) Generally. Each Member shall: (i) have the right to cast votes for the election of the Delegate to the Community Association (to exercise the voting power of the Delegate District in which the Member's Unit is located); and (ii) have such other voting rights as provided for in this Community Declaration. Except as expressly provided in this Section and in this Community Declaration,no other voting rights are created by this Community Declaration. (b) Delegates. The Delegate from the Delegate District shall be elected by Members holding a majority of the voting power in a Delegate District present or in person or by proxy at a duly constituted meeting of a Delegate District. (c) Bylaws. Unless otherwise addressed in this Community Declaration or the Articles of Incorporation, the Bylaws shall provide the manner, time, place, conduct and voting procedures for Member meetings for the purpose of electing a Delegate or other purposes in any Delegate District. (d) No Fractionalized Voting. Vote(s) allocated to any Unit must be cast as a block and without dividing or fractionalizing such vote or votes. (e) Declarant Control. During the Period of Declarant Control, the Declarant shall have the right to appoint members of the Board as allowed by this Community Declaration and as allowed for by the Act. Section 3.4 Voting Allocations. (a) Residential Use - Individually owned Units. If a Unit is used for single family, duplex, triplex, townhouse, or other multifamily residential dwellings and the. Unit is individually owned, the vote attributable to a Unit shall be one(1)vote for each Dwelling Unit. (b) Residential Use-Apartments and Rentals. If a Unit is used as a part of residential building or buildings devoted to apartments or multifamily rental use, the vote attributable to such Unit shall be one(1)vote for every five(5)Dwelling Units. (c) Commercial, Office and Other Uses. If a Unit is used for commercial, retail, light industrial, office or for public or private recreation use,regardless of the size of the Unit, the vote attributable to such Unit shall be one (1) vote for each 2,000 square foot increment of floor area within the building(s) or Improvements on that Unit, The calculation of floor area of a building or of the Improvements shall be the gross floor area of all floor(s) of the building(s)measured from the exterior of the structure, including any basement area, but excluding floor areas not comprising a full 2,000 square feet increment, shall not receive a proration or fractional vote. The Board may require as built plans to be filed with the Community Association and may promulgate written standards for fairly and uniformly calculating the floor area for purposes of this Section. Page 13 of 52 Master Declaration,FFNAL.wpd i llllll IIIII Illil IIIII IIIII IIIII lilllll III llllll III IIII 22028200P Shelley Vance-Gallatin co NT mise 601.00 (d) Allocations Prior to Use and Other Units or Other Uses. For all Units not allocated votes above, based on use, including any Unit comprised entirely of vacant land, regardless of zoning classification or anticipated use, the vote attributable to such Unit shall be one(1) vote per Unit. Section 3.5 Proxies Of Members. Votes allocated to a Unit may be cast pursuant to a proxy duly executed by an Owner. If a Unit is owned by more than one (1)person, any one (1) co-Owner of the Unit may vote the vote of that Unit or register a protest to the casting of the vote of that Unit by the other co-Owners of the Unit through a duly executed proxy. An Owner may not revoke a proxy given pursuant to this Section except by actual notice of revocation to the person presiding over a meeting of the Community Association. Owners within Sub Associations or any designated subareas or parcels may, and are encouraged to, appoint a single Delegate or entity to hold and exercise proxies for all such Owners. Section 3.6 Voting Rights of Delegates. Each Delegate shall have one(1) vote for each vote that could be cast by Members voting to elect a Delegate for such Delegate District, A Delegate may cast votes with respect to a Unit within such Delegate District only during such periods as the Owner of such Unit is entitled to cast votes for the election of a Delegate as provided in this Community Declaration or in any Supplemental Declaration as applicable. Section 3.7 Manner of Voting by Delegates. Each Delegate may cast the votes that he or she represents in such manner as the Delegate, in his or her sole discretion, deems appropriate,acting on behalf of all the Members owning Units in the Delegate District; provided, however, that in the event that at least a majority in interest of the Owners in any Delegate District present in person or by proxy at a duly constituted meeting of such Delegate District shall determine at such meeting to instruct their Delegate as to the manner in which he or she is to vote on any issue, then the Delegate representing such Delegate District shall cast all of the voting power in such Delegate District in the same proportion, as nearly as possible without counting fractional votes, as the Owners of such Delegate District shall have cast their votes "for" or "against" such issue in person or by proxy. A Delegate shall have the authority, in his or her sole discretion, to call a special meeting of the Members of the Delegate's Delegate District in the manner provided in the Bylaws, for the purpose of obtaining instructions as to the manner in which to vote on any issue to be voted on by the Delegates. When a Delegate is voting without the instruction from the Members represented by such Delegate, then all of the votes may be cast as a block or unit, or the Delegate may apportion some of such votes in favor of a given proposition and some of such votes in opposition to such proposition. It will be presumed for all purposes of Community Association business that any Delegate casting votes will have acted with the authority and consent of all the Members of the Delegate District of such Delegate. All agreements and determinations lawfully made by the Community Page 14 of 52 Master Declaration,FINAL."d 11111111111111111111111111111111111111111111111111111111 2209 of 93 Shelley Vanoe-Gallatin Cc MT M1SC 801.00 Association in accordance with the voting procedures established herein, and in the Bylaws, shall be binding on all Members,and their successors and assigns. Section 3.8 Delegates as Advisory Committee . The Delegates may act as an advisory committee to the Board and may give the Board advice (which shall not be binding on the Board), as follows or on the following matters: (a) Special events and community programs; (b) Community Wide Services Assessments and the services funded through the Community Wide Services Assessment; (c) By Delegate Districts involved with any of the following; provided, however that as to each of the following, the Board may require that only those Delegates with Districts that are subject to any one of these Assessments may be involved in an advisory capacity to the Board: (i) Residential Services and/or Recreational Assessments; (ii) Sub Association Assessments; (iii) Special Residential Services Assessments; (iv) Commercial Services Assessments; (v) Sub Association Assessments of the Community Association; (d) Other operations or aspects of the Community as requested by the Board,and (e) Other operations or aspects of the Community as requested by a majority of Delegates and approved by the Board. Section 3.9 Assessment Allocations. Assessments are allocated as follows: (a) Community Wide Services Assessments. Community Wide Services Assessment allocations are based on the percentage number obtained by dividing the vote or votes allocated to a Unit by the total number of votes allocated to all Units within the Community, as votes are allocated as specified in this Community Declaration. (b) Residential Services and/or Recreational Assessments Residential Services and/or Recreational Expenses shall be allocated to all Residential Units, based on an equal assessment on each Dwelling Unit, except as may otherwise be provided for in this Community Declaration or in a Supplemental Declaration or an amendment to this Community Declaration. (c) Sub Associations Assessments. Sub Associations Assessments shall be allocated and assessed based on an equal assessment on each Dwelling Unit for Residential Units, Page 15 of 52 Master Declaration,FINAL.%vo 22020 of zaz5 IIII IIIIi IIfII IIiNII NI! 1 f 09/22/2006 12.00P Shelley vance-Gallatin Cc MT MISC 601.00 or voting allocation as to Commercial Units, as appropriate, if applicable, against only those Units that are subject to that Sub Association Assessment, whether by virtue of the terms of this Community Declaration, by virtue of a recorded Supplemental Declaration or by virtue of an amendment to this Community Declaration. (d) Special Residential Services Assessments Special Residential Services Assessments shall be allocated and assessed based on an equal assessment on each Dwelling Unit for either all Residential Units or those Residential Units to be assessed. (e) Commercial Services Assessments. Commercial Services Assessments shall be allocated and assessed based on an equal assessment on each Commercial Unit, by vote, or for a group of Commercial votes, as allowed for in the Section enabling this particular assessment. (0 Sub Associations . The liability for Community Wide Services Assessments and/or Residential Services and/or Recreational Assessments attributable to all Units in a Sub Association may be assessed against the Sub Association, if any; or in the absence of an operating Sub Association for Units included in the Community, then to the Owner. Sub Associations shall allocate the Community Wide Services Assessments and/or Residential Services and/or Recreational Assessments and assess the Units in the Sub Association pursuant to the allocations set forth in the Sub Association's Declaration, the Sub Association's Articles of Incorporation, the Sub Association's Bylaws or other governing documents. (g) Working Fund Assessments . Working Fund Assessments shall be allocated as provided in this Community Declaration. (h) Other Assessments . Other Assessments provided for in this Community Declaration shall be allocated as provided for in this Community Declaration. Section 3.10 Re-Allocations, When Units are added to or withdrawn from the Community,pursuant to the provisions of this Community Declaration and the Act, the formulas set forth above shall be used to reallocate the Allocated Interests. ARTICLE 4 UNIT DESCRIPTIONS/COMMON ELEMENTS/EASEMENTS Section 4.1 Identification of Unit Descriptions. The identification of each Unit is to be shown on an applicable plat, maps or deed for properties included in the Community. Every contract for sale, deed, lease, Security Interest, will or other legal instrument may legally describe a Unit by any identifying number established by a plat or map,with reference to the plat or map, and the Community Declaration, followed by the name of the Community. Reference to Page 16 or 52 Master Declaration,FINAL.wpd 11111111111 Illil i111!IIIII lllll 1111111111111111111111 2202825P Shelley 4ano"allatln Co MT MISC 601.00 the Community Declaration, plat or map in any instrument shall be deemed to include any supplement(s) or amendment(s) to the Community Declaration, map or plat, without specific references thereto. Section 4.2 Common Elements . The Declarant is not obligated to construct any particular type or kind or area of Common Elements. The Declarant may construct Common Elements for office or other use by the Community Association, for recreational use by all or some portion of the Owners (provided those with a right to use shall have an obligation to fund the ongoing maintenance, repair, replacement and improvement of any recreational facilities limited to use by less than all Owners and provided that if rights to use are limited to less than all Owners, that Common Element shall then be a Limited Common Element) and such other facilities as Declarant may determine. Section 4.3 Duty to Accept Common Elements and Facilities Transferred by Declarant. The Community Association shall accept any Common Elements or property, including any Improvements thereon, and personal property transferred to the Community Association by Declarant and equipment related thereto, together with the responsibility to perform any and all functions associated therewith, provided that such property and functions are not inconsistent with the terms of this Community Declaration. Any property or interest in property transferred to the Community Association by Declarant shall, except to the extent otherwise specifically approved by resolution of the Board, be transferred to the Community Association free and clear of all liens (other than the lien of property taxes and Assessments not then due and payable), but shall be subject to the terms of this Community Declaration and any Supplemental Declaration applicable thereto. The improvements on the Common Elements may be changed from time to time by the Board. Portions of the Common Elements may be designated by Declarant as a part of a Unit or as a Limited Common Element to a Unit. Portions of Units not yet conveyed by Declarant to a third party owner may become Common Elements or Limited Common Elements, pursuant to rights reserved elsewhere in this Community Declaration. Section 4.4 Utility.Map and Plat Easements Easements for utilities and other purposes over and across the Units and Common Elements may be as shown upon a recorded plat, map or separate document and as may be established pursuant to the provisions of this Community Declaration, or granted by authority reserved in any recorded document. Section 4.5 Owners'Easements of Enjoyment . Every Owner shall have a right and easement for access to his or her Unit and of enjoyment in and to any Common Elements and such easement shall be appurtenant to and shall pass with the title to every Unit, subject to the following provisions: Page 17 of 52 Master Declaration,FINAL.wpd Ililll lllll lllll(IIII!IIII 11111 fill 1111111111111111 2202f 63 Sheller Vance-Gallatin Cc Mr MISC 601,00 (a) this Community Declaration and the other Governing Documents; (b) any restriction contained in any deeds of Common Elements to the Community Association; (c) the right of the Community Association to regulate use and enjoyment; (d) the right of the Community Association to promulgate and publish Rules and Regulations, subject to limitations included in this Community Declaration, which Owners shall strictly comply with; (e) the right of the Community Association to suspend rights to use recreational facilities for any period during which any Residential Services and/or Recreational Assessment against such Owner's Unit remains unpaid; (f) the right of the Board to impose reasonable membership requirements and charge reasonable membership admission or other fees for the use of any recreational facility situated upon the Common Elements and the right of the Board to permit use of any recreational facilities situated on the Common Elements by persons other than Owners, their families, lessees and guests upon payment of use fees established by the Board; (g) the right of the Community Association to allow public use of Common Elements or recreational amenities,with or without a fee or charge; (h) the right, power and authority of the Community Association to grant any dedication, transfer or conveyance or grant of any similar interest affecting the Common Elements, to the extent permitted by the Act; (i) the right of the Community Association to close or limit the use of the Common Elements while maintaining, repairing and making replacements in the Common Elements or as determined by the Board; (j) the Development and Special Declarant Rights of the Declarant reserved in this Community Declaration; and (k) the rights of Builders reserved in this Community Declaration. Section 4.6 Rights Re arding Recreational Facilities. Regardless of any general rights to use and enjoyment(a) only Owners of a Residential Unit or the tenant, lessee or occupant of a Dwelling Unit in a Residential Unit used as an apartment or for multi-family rental use, shall have a right to use any Recreational Facilities, unless otherwise provided in a Supplemental Declaration; (b) these Owners, tenants, lessees and occupants of Residential Units shall only have a right to use Recreational Facilities after they have occupied their Units. Section 4.7 Delegation of Use. Any Owner may delegate their right of enjoyment to the Common Elements and facilities to the members of such Owner's family or their guests, or contract purchasers who reside at such Owner's Unit or at the Dwelling Units that are a part of that Unit and shall be deemed to have delegated that authority to the Owner's tenants. Page IS of 52 Master Declaration,FINAL.wpd I II II IIII`` IlII{(IIII���III 1Paw 2203 of 93 l IIII `` II���1�1N 1l�ll�I�I�It1l� I�Illll��ll�II Shriiev Vance-Gallatin Cc MT MSSC 501.00 Section 4.8 Liability of Owners for Damage Each Owner shall be liable to the Community Association for any damage to Common Elements or for any expense or liability incurred by the Community Association which may be sustained by reason of negligence or willful misconduct of such Owner or a guest of the Owner, and for any violation by such Owner or guest of this Community Declaration or any Rule or Regulation. The Community Association shall have the power to levy and collect an Assessment against a Member to cover the costs and expenses incurred by the Community Association on account of any such damage or any such violation of this Community Declaration or of the Rules and Regulations, including interest, additional management or administrative fees and attorneys' fees, or for any increase in insurance premiums directly attributable to any such damage or violation. Section 4.9 Power to Grant Easements . The Community Association shall have the power to grant access, utility, drainage, water facility and any other easements in, on, over or under the Common Elements for any lawful purpose, including without limitation, the provision of emergency services, utilities (including, without limitation, water, sanitary sewer, storm sewer, gas and other energy services), telephone, cable television, fiber optic and other telecommunication services, and other uses or services to some or all of the Members. Section 4.10 Safes and Security. Each Owner and occupant, and their respective guests and invitees, shall be responsible for their own personal safety and the security of their property in the Community. The Association may, but shall not be obligated to, maintain or support certain activities within the Community designed to enhance the level of safety or security which each person provides for himself or herself and his or her property. Neither the Community Association nor Declarant shall in any way be considered insurers or guarantors of safety or security within the Community,nor shall either be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. Each Owner acknowledges, understands and shall be responsible for informing its tenants and all occupants that the Community Association, its Board and committees, and Declarant are not insurers or guarantors of security or safety and that each person within the Community assumes all risks of personal injury and loss or damage to property, including Units and the contents of Dwelling Units, resulting from acts of third parties. ARTICLE 5 COMMUNITY ASSOCIATION MAINTENANCE RESPONSIBILITIES Section 5.1 Association Responsibility— The Association is responsible for permanent care and maintenance of all Common Land and Facilities, and subdivision streets within the Community. These responsibilities include maintenance of vegetation, playground areas, playground equipment, sidewalks, common open space, center areas, public parking facilities, paths and trails, boulevards and medians, alleys, all storm water facilities and recreational areas Page 19 of 52 Master Declaration,FINAL.wpd IIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIII 2204 of 83 III Shelley Vance-Gallatin Cc MT mist 601.00 and all liability insurance and applicable taxes. The Association is responsible for maintenance of the Common Land and Facilities listed above and the storm water detention basins, storm water facilities, the stream/ditch in the Public Linear Park as well as the sidewalks adjacent to each of these areas. The Association is also responsible for costs of irrigation including the cost of water and irrigation system maintenance. The Unit Owners dependent on the sewage lift station shall be responsible for financing the costs of its operation and maintenance, which will be the responsibility of the City of Bozeman. The Declarant shall agree in writing to a surcharge to cover the costs of operating and maintaining the lift station. At such time as the Association takes ownership and control of all Common Land and Facilities, it shall cover its proportionate share of the operation and maintenance costs of lift station. Section 5.2 Flexible Authority of the Board for Community Association Maintenance . The Board shall determine the specifications, scope, extent, nature and parameters of the Community Association's maintenance,repair,replacement and improvement responsibilities. Section 5.3 Generally Designated Areas of Maintenance The Community Association may be responsible for: (a) Designated landscaping and other flora, sign --age, structures, entry sign-age, and similar improvements situated upon the Common Elements or in public rights of way or public easement areas. (b) Designated recreational facilities, if any, which may include swimming pools and other facilities. (c) The improvement, upkeep and maintenance, repair and reconstruction of landscaped areas in designated parks,parkways, dedicated public right of ways,alleys, or public easements, or for the payment of expenses which may be incurred by virtue of agreement with or requirement of any local governmental authority. (d) Such portions of property included within the Real Property as may be dictated by local government, this Community Declaration or any Supplemental Declaration or in any contract or agreement for maintenance thereof entered into by the Community Association, or as expressly delegated by a Sub Association and accepted by the Community Association. (e) Real property within any portion of the Community, in addition to that designated by any Supplemental Declaration, either by agreement with the Sub Association or because, in the opinion of the Board, the level and quality of service then being provided is not adequate. All costs of maintenance pursuant to this paragraph may be assessed as a Sub Association Assessment of the Community Association or sub-Assessment only against the Units within the Sub Association, or if there is no Sub Association, then to that Unit, to which the services are provided. The provision of services in accordance with this Section shall not constitute discrimination within a class. Page 20 of 52 Master Declaration,FINAL.wpd I II�I�I I�III I���I IIIII I� �I IIII�IIIIIII lil Iilll�l�I I II 2202825p Shelley Vano"allatln Co MT MISC 601.00 (f) Any property and facilities owned by the Declarant and made available, on a temporary or permanent basis, for the primary use and enjoyment of the Community Association, such property and facilities to be identified by written notice from the Declarant to the Community Association and to be maintained by the Community Association until such time as Declarant revokes such privilege of use and enjoyment by written notice to the Community Association. (g) Other property which it does not own, including, without limitation, conservation easements held by nonprofit entities, and other property dedicated to public use, if the Board determines that such maintenance is necessary or desirable. (h) Such other maintenance and repair as set forth below or elsewhere in this Community Declaration. (i) Common Landand Facility Maintenance Guarantee. In the event the Association or any successor organization established to own and maintain commonly owned open spaces, recreational areas, facilities,private streets, and parking lots, shall at any time fail to maintain the Common Land and Facilities in reasonable order and condition in accordance with the approved plan,the City Commission may cause written notice to be served upon such organization or upon the owners of property in the development. The written notice shall set forth the manner in which the Common Land and Facilities have failed to be maintained in reasonable condition. In addition, the notice shall include the demand that the deficiencies noted be cured within thirty days thereafter and shall state the date and place of a hearing to be held within fourteen days of the notice. At the time of hearing, 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. 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 year, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use. Before the one year period expires, the Commission shall, upon its own initiative or upon written request of the organization theretofore responsible for maintenance, call a public hearing and give notice of such hearing to the organization responsible for maintenance or the property owners of the development. At the hearing, the organization responsible for maintenance and or the residents of the development 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 shall cease such maintenance at the time established by the City Commission. Otherwise, the City shall continue maintenance for the next succeeding year subject to a similar hearing and determination at the end of each year thereafter. 1. The cost of maintenance by the City shall be a lien against the common facilities of the development and the private properties within the development. The City Commission shall have the right to make Assessments against properties in the development on the same basis that the organization Page 21 of 52 Mastei Declaration,FINAL.%Td II llllIIIIIillllIIIIIIIIIIIIIIIIlillllIIIIII 2z06 of 03 IIIIIIIIIII Shelley Vance-Gallatin Co MT MISC 601.00 responsible for maintenance of the facilities could make such Assessments. Any unpaid Assessment shall be a lien against the property responsible for the same, enforceable the same as a mortgage against such property. They City may further foreclose its lien on the common facility by certifying the same to the County Treasurer for collection as in the case of collection of general property taxes. 2. Should the property owners association request that the City assume permanent responsibility for maintenance of facilities, all facilities shall 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 shall be the responsibility of the property owners association. They City may create special financing mechanisms so that those properties within the area affected by the property owners association continue to bear the costs of maintenance. Section 5.4 Additional Services Any group of Units, acting either through their Delegate or through a Sub Association, if any, may request that the Community Association provide a higher level of service than that which the Community Association generally provides, or may request that the Community Association provide special services. The cost of such services, which may include a reasonable administrative charge in such amount as the Board deems appropriate (provided, any such administrative charge shall apply at a uniform rate for all Units receiving the same service), shall be assessed against the Units as a part of one of the Assessments, as determined by the Community Association. Section 3.5 Sub Association's Responsibility. The Owners of Units within each Sub Association, if any, may be responsible for paying, through Sub Association Assessments to their Sub Association or through a separate Assessment to the Community Association, the costs of operating, costs of utilities, and costs of maintaining and insuring certain portions of the Real Property within their neighborhood. This may include, without limitation, the costs of maintaining any Sub Association sign-age, entry features, right-of-way and open space between the Sub Association and adjacent public roads and private streets within the Sub Association, regardless of ownership and regardless of the fact that such maintenance may be performed by the Community Association; provided, however, all Sub Associations which are similarly situated shall be treated the same. Any Sub Association having any responsibility for maintenance of property within such Sub Association shall perform such maintenance responsibility in a manner consistent with first class, community-wide standards. If it fails to do so,the Community Association may perform such responsibilities and assess the costs against all Units within such Sub Association; as a Sub Association Assessment of the Community Association. Page 22 of 52 Master Declaration,FINAL.wpd IIIlIIIIIIIllIII122�7of 03 1111111111N IIIII 11111 IIIII illll 111111 Sho11aY Vanoa-Gallltin Co MT M18C Sol-me ARTICLE 6 COVENANT FOR ASSESSMENTS Section 6.1 Creation of Community Association Lien and Personal Obligation to Pay . Each Unit shall be deemed to covenant and agree and each Owner shall be deemed to covenant and agree to pay all Assessments as imposed by the Community Association or as may be imposed by a Sub Association for payment to the Community Association. Any such Sub Association shall allocate the Assessments of the Community Association to the Units in the Sub Association as set forth in this Community Declaration. Assessments provided for in this Community Declaration, including fees, charges, late charges, attorney fees, collection fees, fines and interest charged by the Community Association shall be the personal obligation of the Owner of such Unit at the time when the Assessment or other charges becomes due; provided, however, that where a Sub Association has expressly assumed those obligations pursuant to the governing documents for that Sub Association (as allowed for with the approval of the Declarant, as provided for in this Community Declaration), and in that event, so long as the Sub Association has that obligation, only that Sub Association shall have the personal obligation to pay. Section 6.2 Continuing Lien. The personal obligation to pay any past due sums due the Community Association shall not pass to a buyer from an Owner, unless the sums due are expressly assumed by the buyer. All Assessments and such other Assessments as imposed by the Community Association, including fees, charges, late charges, attorney fees, collection fees, fines and interest charged by the Community Association, shall be a charge on each Unit and shall be a continuing lien upon the Unit against which each such Assessment or charge is made. Section 6.3 No Exemptions, Offsets or Reductions . No Owner may become exempt from liability for payment of any Assessment to the Community Association by waiver of the use or enjoyment of the Common Elements or by abandonment of the Unit against which the Assessment is made. All Assessments shall be payable in the amounts specified in the levy thereof, and no offsets or reduction thereof shall be permitted for any reason including, without limitation, any claim that the Community Association or the Board or any other entity is not properly exercising its duties and powers under this Community Declaration, Section 6.4 Capitalization of the Association/Working Funds The Association requires that every Owner of each Unit(other than Declarant or a Builder), upon close of escrow or transfer of title, make a non-refundable payment to the Association in an amount equal to two months' Assessments which sums shall comprise the Working Fund to be used by the Association as operating capital. The contribution by the Owners of each Unit (other than Declarant or a Builder) shall be collected and transferred to the Association at the time of closing of each sale and the sums collected shall be for the use and benefit of the Association, through Page 23 of 52 Master Declaration,FINAL."d II IIIII IIIII lilll IIIII II111 IIIII II�IIIIIIIII�IIIIIII 12200 of 83 Shelley Vance—Gallatin Cc MT M16C WAS the Association's Working Fund. Contribution and payment of each Owner's portion of the Working Fund to the Association shall not relieve an Owner from making regular payments of any other Assessments as the same become due. Upon the Transfer of a Unit, an Owner may be entitled to a credit from their Buyer collected at closing. Section 6.5 Transfer Fees. The Association may collect a transfer fee upon the close of escrow or transfer of title. Section 6.6 Assessment Allocations . Each of the Assessments provided for in this Article shall be allocated as provided for under Section 3.9 of this Community Declaration. Section 6.7 Community Wide Services Assessments . The Community Association may levy a Community Wide Services Assessment against Units, effective upon creation of such Unit, allocated as provided for above in this Community Declaration. Until the Community Association levies a Community Wide Services Assessment, the Declarant may, at its election and discretion, subsidize or assist in the payment of costs and expenses of the Community Association;provided that the Declarant shall not have any obligation whatsoever to subsidize or otherwise contribute to a Operating Fund or other contingency reserve to be used to cover future costs and expenses. After any Community Wide Services Assessment has been levied by the Community Association, Community Wide Services Assessments shall be levied no less frequently than annually by the Community Association. Where the obligation to pay a Community Wide Services Assessment first arises after the commencement of the year or other period for which the Community Wide Services Assessment was levied, the Community Wide Services Assessment shall be prorated, as of the date when said obligation first arose, in proportion to the amount of the Assessment year or other period remaining after said date. (a) The Budget Process . Once begun, the Community Wide Services Assessment may be levied on an annual basis and must be levied based upon the Community Association's advance budget of the cash requirements for this Assessment. The budget for the Community Wide Services Assessment may be submitted to the Delegates for ratification pursuant to the Act and as set forth in the Bylaws. If so submitted, the budget may be vetoed by votes of Delegates representing a majority of the votes in the Community Association. If not so vetoed, the budget proposed shall be deemed ratified. (b) Due Dates. Community Wide Services Assessments shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Board. Community Wide Services Assessments may begin on the first day of the month in which conveyance of the first Unit to a Unit Owner(other than Declarant or a Builder) occurs. The omission or failure of the Board to levy the Assessment for any period shall not be deemed a waiver, modification or release of the Unit Owners from their obligation to pay. Page 24 of 52 Master Declaration,FINAL.wpd 202825 091111111111ID1111it1111 P Shelley Vanes-Gallatin Cc MT RISC 801.00 Section 6.8 Residential Services and/or Recreational Assessments . The Community Association may levy a Residential Services and/or Recreational Assessment against Residential Units, effective upon creation of such Unit as provided by this Community Declaration, or upon the recreational facility initially opening for use allocated as provided for above in this Community Declaration. Until the Community Association levies a Residential Services and/or Recreational Assessment, the Declarant may, at its election and discretion, subsidize or assist in the payment of costs and expenses of the Community Association; provided that the Declarant shall not have any obligation whatsoever to subsidize or otherwise contribute to a Operating Fund or other contingency reserve to be used to cover future costs and expenses. After any Residential Services and/or Recreational Assessment has been levied by the Community Association, Residential Services and/or Recreational Assessments shall be levied no less frequently than annually by the Community Association. Where the obligation to pay a Residential Services and/or Recreational Assessment first arises after the commencement of the year or other period for which the Residential Services and/or Recreational Assessment was levied, that Assessment shall be prorated, as of the date when said obligation first arose, in proportion to the amount of the Assessment year or other period remaining after said date. (a) The Budget Process . Once begun, the Residential Services and/or Recreational Assessment may be levied on an annual basis upon the Community Association's advance budget of the cash requirements for this Assessment. The budget for the Residential Services and/or Recreational Assessments shall be submitted to only those Delegates representing Residential Unit Owners for ratification pursuant as set forth in the Bylaws. If so submitted, the budget may be vetoed by a majority of the votes of only those Delegates representing Residential Unit Owners. If not so vetoed, the budget proposed shall be deemed ratified. (b) Due Dates. Residential Services and/or Recreational Assessments shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Board. Residential Services and/or Recreational Assessments may begin on the first day of the month in which conveyance of the first Unit to a Unit Owner (other than Declarant or a Builder) occurs. The omission or failure of the Board to levy the Assessment for any period shall not be deemed a waiver, modification or release of the Unit Owners from their obligation to pay. Section 6.9 Sub Association Assessments . The Community Association may levy a Sub Association Assessment against Units subject to this Assessment, allocated as provided for above in this Community Declaration. After any Sub Association Assessment has been levied by the Community Association, Sub Association Assessments shall be levied no less frequently than annually by the Community Association. Where the obligation to pay a Sub Association Assessment first arises after the commencement of the year or other period for which the Sub Association Assessment was levied, that Assessment shall be prorated, as of the date when said obligation first arose, in proportion to the amount of the Assessment year or other period remaining after said date. Page 25 of 52 Master Declaration,FINAL.wpd I i IIIilllIIIIII�1I 2200 of 83 IIIIII IIII�Illfl INII II Shelley Vance-Gallatin cc MT MISC 501.00 (a) The Budget Process. Once begun, the Sub Association Assessment may be levied on an annual basis against Units subject to this Assessment, and must be levied based upon the Community Association's advance budget of the cash requirements for this Assessment. The budget for the Sub Association Assessment shall be submitted only to those Delegates representing Owners with rights to use a Limited Common Element, or with such other Sub Association allowed for in this Community Declaration or a Supplemental Declaration, for ratification pursuant as set forth in the Bylaws. If so submitted, the budget may be vetoed by a majority of the votes of only those Delegates representing Owners with rights to use a Limited Common Element, or with such other Sub Association as allowed for in this Community Declaration or a Supplemental Declaration. If not so vetoed,the budget proposed shall be deemed ratified. (b) Due Dates. Sub Association Service Assessments shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Board. Sub Association Service Assessments may begin on the first day of the month in which conveyance of the first Unit to a Unit Owner (other than Declarant or a Builder) occurs. The omission or failure of the Board to levy the Assessment for any period shall not be deemed a waiver, modification or release of the Unit Owners from their obligation to pay. Section 6.10 .Special Residential Services Assessments. The Community Association may levy a Special Residential Services Assessment against Residential Units, effective upon creation of such Unit as provided by this Community Declaration, for any special or unique services offered to or requested by a Unit Owner or otherwise made available by the Community Association, allocated as provided for above in this Community Declaration. Until the Community Association levies a Special Residential Services Assessment, the Declarant may, at its election and discretion, subsidize or assist in the payment of costs and expenses of the Community Association for any special or unique services offered to or requested by a Unit Owner or otherwise made available by the Community Association; provided that the Declarant shall not have any obligation whatsoever to subsidize or otherwise contribute to a Operating Fund or other contingency reserve to be used to cover future costs and expenses. After any Special Residential Services Assessment has been levied by the Community Association, Special Residential Services Assessments shall be levied as needed or determined by the Board. Special Residential Services Assessment may be levied on a selective basis by the Community Association, without a requirement for advance budgeting and budget approval,or may be levied as an annual Assessment with advanced budgeting as provided for below. In all events, Special Residential Services Assessments shall be levied as needed or determined by the Board. To the extent this Assessment is levied annually by the Community Association, then the budgeting provisions below shall apply. Where the obligation to pay a Special Residential Services Assessment first arises after the commencement of the year or other period for which the Assessment was levied, that Assessment shall be prorated, as of the date when said obligation first arose, in proportion to the amount of the Assessment year or other period remaining after said date. Page 26 of 52 Master Declaration,FINAL.wpd IIIIII illll hill II1111111111111111111111122.0?8z5 III IIIII IIIII 9 2 2005 12.0 P Shelley Vanoa-Gallatin Co MT MI6C 501.00 (a) The Budget Process . If to be imposed on an annual and recurring basis, the Special Residential Services Assessment may be levied annually based upon the Community Association's advance budget of the cash requirements for this Assessment. The budget may be submitted only to those Delegates representing Residential Unit Owners subject to an annual and recurring Special Residential Services Assessment for ratification pursuant as set forth in the Bylaws. If so submitted, the budget may be vetoed by a majority of the votes of only those Delegates representing those Residential Unit Owners. If not so vetoed, the budget proposed shall be deemed ratified. (b) Due Dates. Special Residential Services Assessments shall be due and payable in N g N monthly, quarterly, or annual installments, or in any other manner, as determined by the DO o- Board. NNB �AN nJ o N N d Section 6.11 Commercial Services Assessments . The Community Association may a levy a Commercial Services Assessment against Commercial Units or against Commercial Units by Delegate District, for any special or unique services offered to or requested by a Commercial Unit Owner or group of Commercial Unit Owners, or as otherwise made available by the Community Association, allocated as provided for above in this Community Declaration. After any Commercial Services Assessment has been levied by the Community Association, Commercial Services Assessments shall be levied as needed or determined by the Board, subject to the Delegates ratification, as provided for below. Commercial Services Assessment may be levied on a selective basis by the Community Association, without a requirement for advance budgeting and budget approval, or may be levied as an annual Assessment with advanced S budgeting as provided for below. In all events, Commercial Services Assessments shall be levied as needed or determined by the Board. To the extent this Assessment is levied annually by the Community Association, then the budgeting provisions below shall apply. Where the obligation to pay a Commercial Services Assessment first arises after the commencement of the year or other period for which the Assessment was levied, that Assessment shall be prorated, as of the date when said obligation first arose, in proportion to the amount of the Assessment year or other period remaining after said date. (a) The Budget Process . If to be imposed on an annual and recurring basis,the Commercial Services Assessment may be levied on an annual basis against all Commercial Units or to just those Commercial Units in any given Delegate District, and in compliance with the Community Association's advance budget of the cash requirements for this Assessment. The budget may be submitted only to those Delegates representing Commercial Unit Owners subject to an annual and recurring Commercial Services Assessment for ratification pursuant. If so submitted, the budget may be vetoed by a majority of the votes of only those Delegates representing those Unit Owners. If not so vetoed,the budget proposed shall be deemed ratified. (b) Due Dates . Commercial Services Assessments shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Board. Section 6.12 Sub Association Assessments of the Community Association The Community Association may levy a Sub Association Assessment of the Community Association against Units, effective upon creation of such Unit, as provided for in this Community Declaration and also as an option in lieu of a separate assessment by a Sub Association,allocated Page 27 of 52 Master Declaration,FINAL.wpd as provided for in this Community Declaration. After any Sub Association Assessment of the Community Association has been levied by the Community Association in lieu of an Assessment by a Sub Association, that Sub Association Assessment of the Community Association shall be levied on an annual basis with advanced budgeting as provided for below. Otherwise, any other Sub Association Assessment of the Community Association may be levied as needed or determined by the Board, as allowed for in this Community Declaration, without a requirement for advance budgeting and budget approval. (a) The Budget Process. If to be imposed on an annual and recurring basis, in lieu of an assessment by a Sub Association, a Sub Association Assessment of the Community Association may be levied based upon the Community Association's advance budget of the cash requirements for this Assessment. The budget may be submitted only to those Delegates representing Unit Owners subject to an annual and recurring Sub Association Assessment of the Community Association for ratification pursuant as set forth in the Bylaws. If so submitted, the budget may be vetoed by a majority of the votes of only those Delegates representing those Unit Owners. If not so vetoed, the budget proposed shall be deemed ratified. (b) Due Dates. Sub Association Assessments of the Community Association shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Board. Section 6.13 Other Assessments . The Community Association shall also have the authority to assess Units, pursuant to and as allocated, under other provisions of this Declaration or as allowed by Court Order or law. Section 6.14 Statements of Account . The Community Association shall furnish to an Owner or such Owner's designee(including, without limitation, a prospective purchaser from or lender of such Owner),upon written request, delivered personally or by certified mail, first class, postage prepaid, return receipt, to the Community Association's registered agent, a written statement setting forth the amount of unpaid Assessments currently levied against such Owner's Unit. The statement shall be furnished within fourteen (14) calendar days after receipt of the request and shall be binding on the Community Association, the Board and every Owner. The Community Association shall have the right to charge a reasonable fee for the issuance of such certificates. Section 6.15 Effect of Non-Payment of Assessments . Any Assessment, charge or fee provided for in this Community Declaration, or any monthly or other installment thereof, which is not fully paid within ten (10) days after the due date thereof, as established by the Board, shall bear interest at the rate of interest as may be determined, from time to time, by the Board, and the Community Association may assess a reasonable late charge thereon as determined by the Board. Further, the Community Association may bring an action at law or in equity, or both, Pugc 28 of 52 Master Declaration,FINAL.wpd 2202825 11111111111111111111111111111111111111111111111111111 II maizz/zmoe 12:00p Shelley Vance-Gallatin co M1 MISC 601.00 against the person(s) personally obligated to pay such overdue Assessments, charges or fees, or monthly or other installments thereof, and may also proceed to foreclose its lien. An action at law or in equity by the Community Association against an Owner to recover a money judgment for unpaid Assessments, charges or fees, or monthly or other installments thereof, may be commenced and pursued by the Community Association without foreclosing, or in any way waiving,the Community Association's lien therefor. Foreclosure or attempted foreclosure by the Community Association of its lien shall not be deemed to estop or otherwise preclude the Community Association from thereafter again foreclosing or attempting to foreclose its lien for any subsequent Assessment, charges or fees, or monthly or other installments thereof, which are not fully paid when due. The Community Association shall have the power and right to bid on or purchase any Unit at foreclosure or other legal sale, and to acquire and hold, lease, mortgage, vote the Community Association votes appurtenant to ownership thereof, convey or otherwise deal with the same. The rights of the Community Association shall be expressly subordinate to the rights of any holder of a first lien security interest as set forth in its deed of trust or mortgage (including any assignment of rents),to the extent permitted. Section 6.16 Lien Priority. The lien of the Community Association for all Assessments allowed for in this Community Declaration is prior to all other liens and encumbrances on a Unit except: (a) liens and encumbrances recorded before the recordation of the Community Declaration; (b) a first lien security interest on the Unit (except as otherwise expressly provided by state statute for any limited lien priority allowed to the Community Association); and(c) liens for real property taxes and other governmental assessments or charges against the Unit. This Section does not affect the priority of mechanics' or materialmen's liens. The lien of the Community Association under this Article is not subject to the provision of any homestead exemption as allowed under state or federal law. Transfer of any Unit shall not affect the lien for said Assessments or charges except that Transfer of any Unit pursuant to foreclosure of any first lien security interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the lien of Assessment charges as provided by applicable state law. No such sale, Transfer, foreclosure, or any proceeding in lieu thereof, including deed in lieu of foreclosure, nor cancellation or forfeiture shall relieve any Unit from continuing liability for any Assessment charges thereafter becoming due, nor from the lien thereof. ARTICLE 7 GENERAL RESTRICTIONS Section 7.1 Purposes,Plan of Development; Applicability; Effect Declarant has created the Community as a mixed use, Master Planned Community, in furtherance of its and every other Owner's collective interests. The Real Property is subject to land development constraints and requirements, Rules and Regulations and provisions of this Community Declaration governing land use, individual conduct, and uses of or actions upon the Real Property as provided in this Community Declaration. This Community Declaration establishes affirmative and negative covenants, easements,and restrictions. Page 29 of 52 Master Declaration,FINAL.wpd I III��I IIIII II���IIIII III�I IIII�EIIIIII II�IIII�IlII I��I 2202825p Sheller Vanoo-Gallatin Co MT MIeC 601.00 Section 7.2 Changes in Circumstances Anticipated . Declarant has promulgated a general plan of development for the purposes stated in the recitals of this Community Declaration; provided, however, that in all cases and events such general plan for development shall be subject to the Community Association's ability to respond to changes in circumstances, conditions, needs, and desires within the Community, except as expressly provided for in this Community Declaration. Section 7.3 Owner Acknowled ment . Each Owner is subject to this Community Declaration and the covenants and restrictions contained in this Community Declaration. By acceptance of a deed, or other instrument establishing title or ownership, each Owner acknowledges that such Owner has been given notice of this Community Declaration; that use of a Unit is limited by the provisions of the Governing Documents; that the Board may, from time to time, adopt and amend definitions of words, phrases and terms used in this Community Declaration and other Governing Documents; that the use, enjoyment and marketability of the Units can be affected by this Community Declaration; and that the restrictions and Rules and Regulations may change from time to time; provided, however, no action by the Board may invalidate a specific provision of this Community Declaration. Section 7.4 Use Covenants and Restrictions Based on Zoning . Units within the Community shall be used for purposes as allowed by zoning, planned unit development or other local governmental determination. Use of Residential Units for primary residential use shall not be unreasonably regulated or governed by the Community Association. Use of Commercial Units for primary commercial uses shall not be unreasonably regulated or governed by the Community Association. Section 7.5 Units to be Maintained Owners of a Unit are responsible for the maintenance, repair and replacement of the properties located within their Unit boundaries except as such maintenance, repair and replacement are expressly the obligation of any applicable Sub Association for that Unit. Each Unit and the Improvements on a Unit, shall, at all times,be kept in a clean,sightly,and wholesome condition. Section 7.6 Architectural Review by the DRB/Required Approval. 1. Requirements, No structures, including residences, outbuildings, accessory buildings, tennis courts, swimming pools, antennas (except as otherwise permitted in this Declaration), flag poles, fences, walls, exterior lighting, landscaping, or any other Improvements shall be constructed, erected, relocated, removed or installed on a Unit or on any lot, nor shall any painting, alteration or change to the exterior of the Improvements, the exterior of a residence, to a Unit or to any lot or to any structure or any attachment to the exterior of a residence (including paint, awnings, patios, decks, or shutters) be commenced unless: complete plans and specifications shall have been first submitted to and approved in writing by the Design Review Board("Committee") as may be outlined in the Rules and Regulations. Page 30 of 52 Master Declaration,F[NAL.wpd II I II!lllli IIIII lIIIIII III IIIII lilt IIII ?z 5 of 03 illlllllllllllll Shellev Unoa-Callatin Co M7 MISC 601.00 2. Applications. The DRB may require that applications of Owners and their plans and specifications show exterior design, height, materials, color, location of the structure or addition to the structure or proposed improvement (plotted horizontally and vertically), location and size of driveways, walls, windbreaks and grading plan, as well as such other materials and information as may be required by the DRB. 3. Acknowledgment of Owners. Owners acknowledge, accept and agree to the following: 4. Owners will not commence construction or installation of an improvement until they have submitted improvement plans and specifications and received written approval from the DRB; 5. Owners shall immediately comply with any request by the Association for additional information relating to an improvement prior to the DRB's approval of a request and/or prior to the completion of an improvement. Failure to comply with such a request by an Owner shall result in the withdrawal of DRB approval, if previously granted; 6. DRB approval does not constitute approval of the local building or zoning department, drainage design or structural soundness; 7. Owners shall notify the DRB of completion of the improvement's installation or construction within five days of such completion; 8. Upon completion of an improvement, Owners authorize the DRB or its representative(s)to enter onto the Lot for exterior inspection; 9. Failure of an Owner to notify the DRB of completion of an approved improvement, or refusal to allow inspection, shall result in the withdrawal of the DRB's approval; 10. If the improvement as built does not conform to the improvement as approved by the DRB, the DRB's approval will be deemed withdrawn, and upon written request of the DRB, Owners shall, at their own expense and cost, promptly bring the improvement into compliance with the submitted and approved plans and specifications; 1 1. In the event of withdrawal of DRB approval for any reason(s) cited in this Section, and upon written request from the DRB, the Owner, at his or her expense and cost, shall promptly restore the Lot to substantially the same condition as it existed prior to commencement of the improvement's installation or construction, and such withdrawal will be deemed to toll the statute of limitations as it pertains to the improvement until such time as the improvement is brought into compliance. 12. Architectural Criteria. The DRB shall exercise its reasonable judgment to the end that all attachments, improvements, construction, landscaping and alterations to improvements on a Lot or landscaping of a Lot shall comply with the requirements set forth in this Declaration. The approval or consent of the DRB on matters properly coming before it shall not be unreasonably withheld, and actions taken shall not be arbitrary or capricious. Approval shall be based upon, but not limited to, aesthetics, harmonious compliment to the Community and such other factors as the DRB may determine, including conformity with the specifications Page 31 of 52 Master Declaration,FINAL.wpd lllllll IIIIIIIIIIIIIIIIIIIIIIIIIlllllllIIIlll(1111111112206 of 83 $Z5p Shelley Vanoe-Gallatin Co MT MISC 601.00 and purposes generally set out in this Declaration. Upon its review of such plans, specifications and submittals, the DRB may require that the applicant(s) reimburse the Board for actual expense incurred by it in its review and approval process. 13. Establishment of the DRB. The DRB shall consist of a minimum of three members appointed by the Declarant,until Declarant no longer owns any Unit or until December 31, 2030, whichever occurs latest. Then, after the latest occurrence, the Board of Directors of the Association shall appoint the members of the DRB. In the event a DRB is not established, the Board shall perform all duties of the DRB as provided in this Article and the Governing Documents of the Association. Once appointments by the Board of the Association are made, the Board shall have the authority to remove any members of the DRB at their sole discretion. 14. Architectural Guidelines, The DRB may propose architectural guidelines, for the Community as a whole, or for any portions, from time to time,which guidelines may be approved by the Board of Directors (after the expiration of the Declarant's rights to appoint the members of the DRB)and included in or with any Rules and Regulations of the Association. 15. Reply and Communication. The DRB shall reply to all submittals of plans made in accordance herewith in writing within 60 days after receipt. In the event the DRB fails to take any action on submitted plans and specifications within 60 days after the DRB has received the plans and specifications, approval shall be deemed to be granted; provided, however, nothing in this Section shall authorize anyone to construct or maintain any structure or improvement that is otherwise in violation of this Declaration, the Rules and Regulations or any architectural guidelines adopted by the Board. All communications and submittals shall be addressed to the DRB in care of the Association. 16. Conditions of Approval. In the discretion of the Board or the DRB, an Owner may be required to enter into a written agreement establishing the approval of the application in recordable form acknowledged by such Owner on behalf of himself or herself and all successors-in-interest. As a condition of approval for a requested architectural change, modification, addition or alteration, an Owner, on behalf of himself or herself and his or her successors-in-interest, affirms and shall assume, unless otherwise agreed in writing, all responsibilities for maintenance, repair, replacement and insurance to and on such change, modification,addition or alteration. 17. Commencement and Completion of Construction . All improvements approved by the DRB must be commenced within two years from the date of approval. If not commenced within such time, then such approval shall be deemed revoked by the DRB, unless the DRB gives a written extension for commencing the work. Additionally, except with written DRB approval otherwise, and except for delays caused by strikes, fires, national emergencies, critical materials shortages or other intervening forces beyond the control of the Owner, all work approved by the DRB shall be completed within two years of commencement. 18. Variances. The DRB may grant reasonable variances or adjustments from any conditions and restrictions imposed by this Declaration in order to overcome practical difficulties and unnecessary hardships arising by reason of the application of the conditions and restrictions contained in this Declaration or in architectural guidelines. Page 32 of 52 Master Declaration,FINAL.wpd 11111111111111111111111111111111111111111111111111111111 2207of03 Shelley Vanoa-Gallatin Co MT MISC 601.00 19. Right to Appeal. Once the DRB is appointed by the Board of Directors of the Association, and if the Board of Directors is not acting as the DRB, an Owner whose plans have been disapproved or conditionally approved may appeal any decision of the DRB to the Board of Directors. The Board of Directors shall review the decision of the DRB pursuant to the criteria set forth in this Section above and/or the architectural guidelines. Any decision of the DRB may be overruled and reversed by a majority of the directors by a written decision setting forth the reasons for the reversal when the directors conclude that the DRB's decision was inconsistent with the criteria set forth in this Article and the guidelines. 20, Waivers. The approval or consent of the DRB, or appointed representative thereof, to any application for architectural approval shall not be deemed to constitute a waiver of any right to hold or deny approval or consent by the DRB as to any application or other matters subsequently or additionally submitted for approval or consent. 21. Liabilily. The DRB and the members thereof, as well as any representative of the Board designated to act on its behalf, shall not be liable in damages to any person submitting requests for approval or for any approval, or failure to approve or disapprove in regard to any matter within its jurisdiction under these covenants. Neither the Board nor the DRB shall bear any responsibility for ensuring the design, quality, structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes, zoning regulations and other governmental requirements. 22. Records. The Association shall maintain written records of all applications submitted to it and of all actions taken by it with respect thereto. Such records shall be open and available for inspection by any interested party during reasonable hours of the business day according to any policy adopted by the Board. 23. Enforcement. Enforcement of these covenants, restrictions, charges and other provisions, as amended, may be by any proceeding at law or in equity against any person or persons violating or attempting to violate any such provision. The Association shall have the right, but not the obligation, to institute, maintain and prosecute any such proceedings. In any action instituted or maintained under this Section, the Association may be entitled to recover its costs and reasonable attorney fees incurred pursuant thereto, as well as any and all other sums awarded by the court. Failure of the Association to enforce any covenant or restriction contained in this Section shall in no event be deemed a waiver of the right to do so thereafter. In addition, or in the alternative, the Association shall have all other enforcement rights as set forth in this Declaration. Section 7.7 Landscaping Requirements of Owners/Restrictions and Maintenance Covenants. All portions of a Unit not improved with a residence,building, driveway,walkways, patios or decks (referred to as the unimproved area or landscaped areas of a Unit) shall be landscaped by the Owner thereof or a Builder, other than the Declarant. Any portions of a Unit that are not landscaped by a Builder must be fully landscaped by the Unit Owner, no later than one (1) year after the date of close of escrow. Any landscape plan must be approved by the DRB. The landscaping of each Unit, having once been installed, shall be maintained by the Owner, or the applicable owner association or Sub Association, in a neat, attractive, sightly and Page 33 of 52 Master Declaration,FINAL.wpd �ze?of a 93 IIIIIII IIIII 1111111111111111111111111111111111111111111 Shelley Vance-Gallatin Co M? MISC 601.00 well-kept condition, which shall include lawns mowed, hedges, shrubs, and trees pruned and trimmed, adequate watering, replacement of dead, diseased or unsightly materials, and removal of weeds and debris. Section 7.8 Subdivision of Units. (a) The Owner of a Residential Unit shall have the right to subdivide his or her Unit (including, without limitation, by creating a condominium project upon such Unit or consolidating Units into one Unit) provided that the Owner: (i) obtains written approval from Declarant or the Board; (ii) complies with all applicable laws, regulations, ordinances, statutes and orders of all governmental authorities having jurisdiction. Following any subdivision of a Residential Unit, including the creation of such a condominium project or consolidation of Units, the Owner of each Unit resulting or remaining from such subdivision shall be a Member of the Community Association. (b) The right of the Owner of a Commercial Unit to subdivide is not restricted. Section 7.9 Restrictions on Subordinate Covenants. Maps and Planned Unit Developments on Residential Units. Until expiration of the Period of Declarant Control, the prior written consent of Declarant, or its assignee (if this restriction and approval right is assigned in writing), shall be required by any Owner or with regard to any Residential Unit: (a) before junior or subordinate covenants may be filed of record against all or any portion of a Unit, and (b) before any planned unit development, map, plat or re-subdivision may be filed of record against all or any portion of a Unit. In the event an Owner records covenants against all or any part of a Residential Unit without the written consent required by the provisions of this Section, or in the event an Owner records any planned unit development, map, plat or re-subdivision against all or any part of any Unit without the written consent required by the provisions of this Section, the instruments recorded shall be voidable and shall be deemed void by the Declarant (or its assignee) upon Declarant (or its assignee) recording a notice to that effect. Notwithstanding the foregoing, however, Builders, and any mortgagees of Builders acquiring title to any lots by foreclosure or deed in lieu of foreclosure, shall have the right to re-subdivide or otherwise modify any subdivision plat in order to make minor lot line modifications, provided such modifications do not increase or decrease the size of any lot by more than ten percent(10%). Section 7.10 Use of Common Elements. There shall be no obstruction of the Common Elements, nor shall anything be kept or stored on any part of the Common Elements without the prior written approval of the Community Association. Nothing shall be altered on, constructed in, or removed from the Common Elements without the prior written approval of the Community Association. Page 34 of 52 Master Declaration,FINAL.wpd 2202825 IIIIIIIIPage: 39 of IIINIIIII II"„�IIIIII 09122120M 12300P IIIIIIIII IIIIIII IIIIIIII Sheller vane*-Gallatin Co MT MISC 601.00 Section 7.11 Restriction on Timesharing,Vacation Clubs and Similar Programs Use or ownership of any Unit for operation of a timesharing, fraction-sharing, vacation club or similar program, where the right to exclusive use of a Dwelling Unit rotates among participants in the program on a fixed or floating time schedule over a period of years and all similar ownership or use programs, schemes or clubs is prohibited. Declarant and its assignees may operate any such program with respect to any Unit owned by the Declarant or its assignee. Section 7.12 Right of Owners Regarding Rules and Regulations . In furtherance of the purposes of this Community Declaration, and subject to the Board's duty to exercise judgment and reasonableness on behalf of the Community Association and Members, the Board may adopt, amend or repeal, Rules and Regulations concerning and governing the Community or any portion thereof. The Board may establish and enforce penalties for the infraction thereof. Section 7.13 Construction Use. It is expressly permissible for Declarant and Builders to perform construction and such other reasonable activities, and to maintain upon portions of the Community such facilities as deemed reasonably necessary or incidental to the construction and sale of Units in the development of the Community, specifically including, without limiting the generality of the foregoing, the maintenance of temporary business offices, storage areas, trash bins, construction yards and equipment, signs, model units, temporary sales offices, parking areas and lighting facilities. Section 7.14 Reasonable Rights to Develop. None of the covenants and restrictions in this Community Declaration may unreasonably impede Declarant's or a Builder's right to develop the Real Property. Additionally, the Board may not adopt any Rule or Regulation that unreasonably impedes Declarant's or a Participation Builder's right to develop the Real Property, the exercise of any Development Rights, Special Declarant Rights or Additional Reserved Rights in accordance with this Community Declaration and/or the development rights of any Builder. ARTICLE 8 # INSURANCE/CONDEMNATION Section 8.1 Community Association Hazard Insurance on the Common Elements The Community Association shall obtain adequate hazard insurance covering loss, damage or destruction by fire or other casualty to the Common Elements and the other property of the Community Association. If obtainable, the Community Association shall also obtain the following insurance and any additional endorsements deemed advisable by the Board , Page 35 of 52 Master Declaration,FINAL.wpd 11111111111111111111111111111111111111111111111111111111 2200 of 63 Shallay Vamo"allatln Cc MT MSSC 601.00 (a) Community Association Liability Insurance. The Community Association shall obtain an adequate comprehensive policy of public liability and property damage liability insurance covering all of the Common Elements, in such limits as the Board may from time to time determine, but not in any amount less than Two Million Dollars ($2,000,000) per injury, per person, and per occurrence, and in all cases covering all claims for bodily injury or property damage. Coverage shall include, without limitation, liability for personal injuries, operation of automobiles on behalf of the Community Association,and activities in connection with the ownership, operation, maintenance and other uses of the Community. All Iiability insurance shall name the Community Association as the insured. (b) Community Association Fidelity Insurance. The Community Association shall obtain adequate fidelity coverage or fidelity bonds to protect against dishonest acts on the parts of its officers, directors, trustees and employees and on the part of all others who handle or are responsible for handling the funds of the Community Association, including persons who serve the Community Association with or without compensation. The fidelity coverage or bonds should be in an amount sufficient to cover 3 months of budgeting operating expenses that will be in the control of the Community Association, its officers, directors, trustees and employees. (c) Community Association Worker's Compensation and Employer's Liability Insurance. The Community Association shall obtain worker's compensation and employer's liability insurance and all other similar insurance with respect to its employees in the amounts and forms as may now or hereafter be required by law. (d) Communi Association Officers' and Directors' Personal Liabili Insurance. The Community Association shall obtain a broad or expansive form of an officers' and directors' personal liability insurance to protect the officers and directors from personal liability in relation to their duties and responsibilities in acting as officers and directors on behalf of the Community Association. (e) Other Insurance of the Community Association The Community Association may obtain insurance against such other risks, of similar or dissimilar nature, as it shall deem appropriate with respect to the Community Association responsibilities and duties. (0 Community Association Insurance and General Terms. The Community Association shall obtain and maintain in full force and effect to the extent reasonably available, and at all times, the insurance coverage set forth herein, which insurance coverage shall be provided by financially responsible and able companies duly authorized to do business in the State of Montana. Commencing not later than the time of the first conveyance of a Unit to a person other than a Declarant or a Builder, the Community Association shall maintain, to the extent reasonably available,policies for the above insurance with the following terms or provisions: Page 36 of 52 Master Declaration,FINAL.wpd I IIIIO IIIII IIIII IIIII Illy Illll II IIIII III IIIII IIII llll 2202825P 6holltr Vane"allatln Co MT MIBC 801.00 (i) All policies of insurance shall contain waivers of subrogation and waivers of any defense based on invalidity arising from any acts of an Owner and shall provide that such policies may not be canceled or modified without at least twenty (20) days prior written notice to all of the Owners and the Community Association. (ii) All liability insurance shall be carried in blanket form naming the Community Association, the Board, the Community Manager, the officers of the Community Association, the Declarant, their successors and assigns and Owners as insureds. (iii) Prior to obtaining any policy of casualty insurance or renewal thereof, pursuant to the provisions hereof,the Board may obtain an appraisal from a duly qualified Real Property or insurance appraiser, which appraiser shall reasonably estimate the full replacement value of the Common Elements,without deduction for depreciation, review any increases in the cost of living, and/or consider other factors, for the purpose of determining the amount of the insurance to be affected pursuant to the provisions hereof. In no event shall any casualty insurance policy contain a co- insurance clause for less than one hundred percent (100%) of the full insurable replacement cost. Section 8.2 Community Association Insurance Premium Except as assessed in proportion to risk, if permitted under the terms of this Community Declaration, insurance premiums for the above provided insurance shall be a part of the Community Wide Services Assessment. Section 8.3 Community Manager Insurance . The Community Manager, if not an employee, shall be insured for the benefit of the Community Association, and shall maintain and submit evidence of such coverage to the Community Association. Section 8.4 Waiver of Claims Against Community Association . As to all policies of insurance maintained by or for the benefit of the Community Association and Owners, the Community Association and the Owners hereby waive and release all claims against one another, the Board and Declarant, to the extent of the insurance proceeds available, whether or not the insurance damage or injury is caused by the negligence of or breach of any agreement by and of said persons. Page 37 of 52 Master Declaration,HNAL."d Illilllllillllll I I lllillllll11111111111111lIIIIIIII 2202 of 93 III! Sheller Vanoa-Gallatin Cc MT MISC E01.00 Section 8.5 Adjustments by the Community Association . Any loss covered by an insurance policy described above shall be adjusted by the Community Association, and the insurance proceeds for that loss shall be payable to the Community Association. The Community Association shall hold any insurance proceeds in trust for the Community Association and Owners. Section 8.6 Condemnation and Hazard Insurance Allocations and Distributions In the event of a distribution of condemnation proceeds or hazard insurance proceeds to the Owners, the distribution shall be as the parties with interests and rights are determined or allocated by record. ARTICLE 9 DEVELOPMENT RIGHTS Section 9.1 Development Rights and Special Declarant Rights The Declarant reserves, for twenty(20) years after the recording of this Community Declaration, the following Development Rights and Special Declarant Rights: (a) The right to subject all or any portion of the Project Area to all or any portion of this Community Declaration; (b) The right to add Units and designate uses, designate Delegate Districts or re- designate Delegate Districts; (c) The right to subject portions of the Real Property owned by the Declarant to additional covenants, conditions,terms and restrictions,as Declarant may determine; (d) The right to relocate boundaries between adjoining Units owned by Declarant, enlarge Units owned by Declarant, enlarge or reduce the Common Elements, enlarge or reduce or diminish the size of Units owned by Declarant, reduce or diminish the size of areas of the Common Elements, subdivide Units or complete or make improvements on Units owned by Declarant, as the same may be indicated on maps or plats filed of record or filed with the Community Declaration; (e) The right, but not the obligation, to construct additional Improvements on Common Elements, at any time from time to time in accordance with this Community Declaration for the improvement and enhancement of the Common Elements and for the benefit of the Community Association and the Owners; (f) The right of the Declarant to add or annex to this Community Declaration, the properties described in Exhibit C; (g) The right to designate, create or construct additional Units, Common Elements and Limited Common Elements, and to convert Units into Common Elements; (h) The right to amend the use restrictions included in this Community Declaration, together with the right to add new use restrictions; Page 38 of 52 Master Declaration,FINAL.wpd IIIIIIIIII IilllIIIIIIIIIIIIIIIIIIIIIIIIIIlilllIIIIIII zz 3 of 93 Shelley Vane-Oallatln Cc MT MISC Sei.00 (i) The right to exercise any development rights reserved; 6) The right to appoint or remove any officer of the Community Association or any Director during the Declarant control period; (k) The right to withdraw Units owned by Declarant, or by a Builder (at the request of Declarant from such Builder), from the Community and the terms of this Community Declaration, except for Units within or a part of a building, once a Unit in that building has been conveyed. Such withdrawal may be accomplished by the execution, acknowledgment and recordation of a notice of withdrawal. The notice of withdrawal (i) shall be executed and acknowledged by the Owner or Owners of the property to be withdrawn; (ii) shall, if not then owned by Declarant, contain the executed and acknowledged written consent of Declarant for so long as Declarant owns any property in the Project Area and has the power to annex additional property to the Community; (iii) shall contain an adequate legal description of the property to be withdrawn; (iv) shall contain a reference to the Supplemental Declaration for the portion of the Real Property to be withdrawn, which reference shall state the date thereof and the date of recordation thereof; and (v) shall contain a statement and declaration that the property sought to be withdrawn is withdrawn from the Community and from the effect of this Community Declaration; (1) The right to amend the Community Declaration, maps or plats in connection with the exercise of any development right; (m) The right to make amendments to the Community Declaration, Bylaws or Articles of Incorporation to meet or comply with any requirement of FHA or VA; (n) The right, for itself and for the Builders, to maintain signs, sales offices, mobile offices, temporary buildings,parking lots, management offices and models in Units of the Declarant or of a Builder or on the Common Elements; (o) The right, for itself and for the Builders, to maintain signs and advertising on the Community to advertise the Community or other communities developed or managed by, or affiliated with the Declarant; (p) The right to establish, from time to time,by dedication or otherwise,public streets and utility and other easements for purposes including but not limited to public access, access, paths, walkways, drainage, recreation areas, parking areas, ducts, shafts, flues, conduit installation areas, and to create other reservations, exceptions and exclusions; (q) Declarant expressly reserves the right to itself, and to Builder's, to perform warranty work, repairs and construction work and to store materials in secure areas, in Units and in Common Elements, and the future right to control such work and repairs, and the right of access thereto, until completion. All work may be performed without the consent or approval of any Owner or holder of a security interest. Declarant expressly reserves such easement through the Real Property as may be reasonably necessary for exercising reserved rights in this Community Declaration; Page 39 of 52 Master Declaration,F[NAL.wpd it IIIIIII� �IIIIIIIIIIIIIII�I�1IIIIIII 222@42825 of 03 ilillllllllllllll Shelley Vance-Gallatin Cc MT MISC 501.00 (r) The right to exercise any additional reserved right created by any other provision of this Community Declaration; (s) Any rights created or reserved under this Article for the benefit of Declarant, for the express benefit of a Builder, may be transferred to any person by an instrument describing the rights transferred recorded in the real property records of the appropriate county. Such instrument shall be executed by the transferor and the transferee. (t) The consent of Owners or holders of security interests shall not be required for exercise of any reserved rights and Declarant or its assignees may proceed without limitation at its sole option. Declarant or its assignees may exercise any reserved rights on all or any portion of the property in whatever order determined. Declarant or its assignees shall not be obligated to exercise any reserved rights or to expand the Community beyond the number of Units initially submitted; (u) Recording of amendments to the Community Declaration and the map or plat pursuant to reserved rights in this Community Declaration shall automatically effectuate the terms and provisions of that amendment. Further, such amendment shall automatically: (i) vest in each existing Owner the reallocated Allocated Interests appurtenant to their Unit; and (ii) vest in each existing security interest a perfected security interest in the reallocated Allocated Interests appurtenant to the encumbered Unit. Further, upon the recording of an amendment to the Community Declaration, the definitions used in this Community Declaration shall automatically be extended to encompass and to refer to the Community as expanded and to any additional Improvements, and the same shall be added to and become a part of the Community for all purposes. All conveyances of Units after such amendment is recorded shall be effective to transfer rights in all Common Elements, whether or not reference is made to any Amendment of the Community Declaration plat or map. Reference to the Community Declaration plat or map in any instrument shall be deemed to include all Amendments to the Community Declaration, plat and map without specific reference thereto; (v) The rights reserved to Declarant, for itself, and for Builders, their successors and assigns, shall expire as set forth above, unless (i) reinstated or extended by the Community Association, subject to whatever terms,conditions, and limitations the Board may impose on the subsequent exercise of the expansion rights by Declarant, (ii) extended as allowed by law, or (iii) terminated by written instrument executed by the Declarant, recorded in the real property records of the appropriate county; and (w) Additions of Units to the Community may be made by persons other than the Declarant, or its successors and assigns or Owners, upon approval of the Community Association pursuant to a majority vote of the Board. Such approval shall be evidenced by a certified copy of such resolution of approval and a supplement or amendment to this Community Declaration,recorded in the real property records of the appropriate county. Page 40 of 52 Master Declaration,FINAL.wpd Illllllllllllllllllllllllllllllllllillllllllllll ? �2825 I II IIII Shelley Vanoe-4allatln Co MT MISC W.00 Section 9.2 Development of the Community Supplemental Declarations . Before or after portions of the Real Property are conveyed by Declarant or a Builder to Owners other than Declarant or a Builder, a Supplemental Declaration for such portions may be recorded which may supplement the covenants, conditions and restrictions contained in this Community Declaration, as provided for above. Upon recordation of a Supplemental Declaration, the property covered thereby shall be subject to all of the covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes and other provisions set forth in this Community Declaration, in addition to the Supplemental Declaration. Supplemental Declarations must meet or include the following criteria: (a) The Supplemental Declaration must be executed and acknowledged by Declarant, by a Builder or by the owner or owners of that portion of the Real Property covered by the Supplemental Declaration; (b) If the property described in the Supplemental Declaration is not then owned by Declarant and provided that the Period of Declarant Control has not expired, the Supplemental Declaration must contain the executed and acknowledged written consent of Declarant; (c) The Supplemental Declaration must include a reference to this Community Declaration, which reference shall state the date of recordation and the book and page numbers or reception number for this Community Declaration; (d) The Supplemental Declaration must contain an adequate legal description of the property subject thereto; (e) A statement that this Community Declaration shall apply to the added land as set forth therein; (f) Initial use designations, if any, of the Units; (g) Designation of any Local or Limited Common Elements,with allocated use rights and Sub Association Service Assessments, if applicable; (h) A designation of the Delegate District in which the added land is located or re- designation of any other Delegate Districts; and (i) If desired by the party executing the Supplemental Declaration, written approval of the VA or HUD, as determined and obtained by that party, for only the portion of the Real Property subject or to be subject to that party's Supplemental Declaration,but only to the extent VA or HUD regulations require such approval. No consent of the Community Association, the Board, other Owners or any other person shall be required. A deed by which Declarant conveys a parcel of property to another person may constitute a Supplemental Declaration if it meets the foregoing requirements. Supplemental Declarations may impose, on the portion of the Real Property affected thereby, covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes and other provisions in addition to those set forth in this Community Declaration, taking into account the unique and particular aspects of the proposed development of the property covered thereby. A Supplemental Page 41 of 52 Master Declaration,FINAL.wpd 2202825 pass: 45 of 83 09/22/2005 12a00P I� ShallaY Vanoo-Gallatin Co MT MISC WAG Declaration shall create a Common Interest Community; and, if so, shall provide for a Sub Association within the property described in the Supplemental Declaration and for the right of the Sub Association to assess such Owners. Section 9.3 No Annexation Required; Contraction of Project Area; Withdrawal of Annexed Property. Notwithstanding any other provision of this Community Declaration to the contrary, nothing in this Community Declaration shall be construed to obligate the Project Area, or any portion thereof, to be made subject to this Community Declaration. Declarant expressly reserves the right, in its sole discretion, to determine not to make the Project Area, or any portion thereof, subject to this Community Declaration. Further, as provided in this Community Declaration, Declarant also has certain withdrawal rights. Section 9.4 Declarant's Rights to Complete Development of Project Area No provision of this Community Declaration shall be construed to prevent or limit Declarant's rights, and Declarant expressly reserves the right to complete the development of property within the boundaries of the Project Area and to construct or alter Improvements on any property owned by Declarant within the Project Area. ARTICLE 10 GENERAL PROVISIONS Section 10.1 Compliance and Enforcement. (a) Every Owner and occupant of a Unit shall comply with the Governing Documents, and each Owner shall have the right to enforce applicable covenants in this Community Declaration. (b) The Association, acting through the Board, may enforce all applicable provisions of this Community Declaration and may impose sanctions for violation of the Governing Documents. Such sanctions may include, without limitation: (i) imposing reasonable monetary fines, after notice and opportunity for a hearing, which fine shall constitute a lien upon the violator's Unit. (ii) suspending the right to vote; (iii) suspending any person's right to use any recreational facilities; provided, however, nothing herein shall authorize the Board to limit ingress or egress from a Unit; (iv) suspending any services provided by the Association to an Owner or the Owner's Unit if the Owner is more than thirty (30) days delinquent in paying any Assessment or other charge owed to the Association; (v) exercising self-help or taking action to abate any violation of the Governing Documents in a non-emergency situation; Page 42 of 52 Master Declaration,FINAL.wpd 2202of 93 825 Shelley Vanoe-Gallatin Co MT MISC 601.00 (vi) requiring an owner, at its expense, to remove any structure or Improvement on such Owner's Unit in violation of the Governing Documents and to restore the Unit to its previous condition and, upon failure of the Owner to do so,the Board or its designee shall have the right to enter the property, remove the violation and restore the property to substantially the same condition as previously existed and any such action shall not be deemed a trespass; (vii) without liability to any person, precluding any contractor, subcontractor, agent, employee, or other invitee of an Owner who fails to comply with the terms and provisions of the Article entitled "Residential Renovation and Remodeling Design Review" and the Renovation and Remodeling Criteria from continuing or performing any further activities in the Community; and (viii) levying specific Assessments to cover costs incurred by the Association to bring a Unit into compliance with the Governing Documents. (c) In addition,the Association,acting through the Board,may take the following enforcement procedures to ensure compliance with the Governing Documents: (i) exercising self-help in any emergency situation(specifically including,but not limited to, the towing of vehicles that are in violation of any parking rules and regulations); or (ii) bringing suit at law or in equity to enjoin any violation or to recover monetary damages or both. (d) In addition to any other enforcement rights, if an Owner fails to properly perform his or her maintenance responsibility, or otherwise fails to comply with the Governing Documents, the Community Association may record a notice of violation or perform such maintenance responsibilities and assess all costs incurred by the Community Association against the Unit and the Owner as an Assessment. If a Sub Association fails to perform its maintenance responsibilities, the Community Association may perform such maintenance and assess the costs against all Units within such Sub Association. The Community Association shall provide the Owner or Sub Association reasonable notice and an opportunity to cure the problem prior to taking such enforcement action. (e) All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the Governing Documents, the prevailing party shall be entitled to recover all costs, including, without limitation, attorneys fees and court costs,reasonably incurred in such action. (f) The decision to pursue enforcement action in any particular case shall be left to the Board's discretion, except that the Board shall not be arbitrary or capricious in taking enforcement action. Without limiting the generality of the foregoing sentence, the Board may determine that, under the circumstances of a particular case: Page 43 of 52 Master Declaration,FINAL.wpd 1111111111111111111111111(IIIIIIIIlllllIIIilll 2208 of 83 11111II1 I ShalleY Vanoo-Gallatin Co MT MISC 601.00 (i) the Association's position is not strong enough to justify taking any or further action; (ii) the covenant, restriction or rule being enforced is, or is likely to be construed as,inconsistent with applicable law; (iii) although a technical violation may exist or may have occurred, it is not of such a material nature as to be objectionable to a reasonable person or to justify expending the Community Association's resources; or (iv) that it is not in the Community Association's best interests, based upon hardship, expense or other reasonable criteria,to pursue enforcement action. Such a decision shall not be construed as a waiver of the Community Association's right to enforce such provisions at a later time under other circumstances or preclude the Community Association from enforcing any other covenant,restriction or rule. Section 10.2 Joint Right to Enforce Junior or Subordinate Covenants The Community Association, after first giving written notice to any governing Sub Association or applicable or appropriate committee, if any, shall have the right to enforce, by any proceeding at law or in equity, all subordinate or junior restrictions, conditions, covenants, reservations, rules, regulations and architectural guidelines, now or hereafter imposed by the provisions of any subordinate or junior covenants, protective covenants, declaration, rules, regulations or guidelines on all or any portion of a Unit in this Community (including covenants for the payment of Assessments established in such subordinate or junior declaration if expressly permitted or delegated). Further, the Community Association shall be entitled to enjoin any violation thereof, to cause any such violation to be remedied, or to recover damages resulting from such violation. In addition, violation of any such condition, covenant, restriction, reservation, rule, regulation or guideline shall give to the Community Association the right to enter upon the portion of the Unit wherein said violation or breach exists and to summarily abate and remove, at the expense of the violator, any structure, thing or condition that may be or exist thereon contrary to the intent and meaning of the applicable provisions of such subordinate or junior governing documents. No such entry by the Community Association or its agents shall be deemed a trespass, and the Community Association and its agents shall not be subject to liability for such entry and any action taken to remedy or remove such a violation. The cost of any abatement, remedy or removal hereunder shall be a binding personal obligation on the violator. Further, the Community Association shall have the right, power and authority to establish and enforce penalties or monetary charges for violations of any subordinate or junior declaration, rules, regulations and architectural guidelines, and such penalties and/or monetary fines shall be a binding personal obligation of any violators. In any legal or equitable proceeding for the enforcement of such provisions, whether an action for damage, declaratory relief or injunctive relief, or any other action, the party prevailing in such action shall be entitled to recover from the losing party all of its costs, including court costs, administrative fees and reasonable attorneys' fees. The prevailing party shall be entitled to said attorneys' fees even though said proceeding may be settled prior to judgment. All remedies provided herein or at law or in equity shall be Page 44 of 52 Master Declaration,FINAL.wpd 12202825 IIIIIIIIIIIIIIIIIII IIII IIIII IIIIIII III IIIIII III III 09122/200E of 12a00P II II Ehalley Vanoa-Callatln Cc MT MISC 801.00 cumulative and are nonexclusive. Failure by the Community Association to enforce any covenant or restriction contained in any subordinate or junior governing documents shall in no event be deemed a waiver of the right to do so thereafter. Section 10.3 Violations Constitute a Nuisance. Any violation of any provision, covenant, condition, restriction or equitable servitude contained in this Community Declaration, whether by act or omission, is hereby declared to be a nuisance and may be enjoined or abated, whether or not the relief sought is for negative or affirmative action, by any person entitled to enforce the provisions of this Community Declaration. Section 10.4 Remedies Cumulative . Each remedy provided under this Community Declaration is cumulative and nonexclusive. Section 10.5 Severability. Each of the provisions of this Community Declaration shall be deemed independent and severable. If any provision of this Community Declaration or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Community Declaration which can be given effect without the invalid provisions or applications. Section 10.6 Term of Community Declaration. The covenants and restrictions of this Community Declaration shall run with and bind the land in perpetuity. Section 10.7 Amendment of Community Declaration, Map or Plat by Declarant . Until the first Unit has been conveyed by a Builder or by Declarant to a Unit Owner other than the Declarant or a Builder, by deed recorded in the real property records of the appropriate county, any of the provisions, covenants, conditions, restrictions and equitable servitudes contained in this Community Declaration, the Exhibits of this Community Declaration, or the map or the plat may be amended by Declarant by the recordation of a written instrument, executed by Declarant, setting forth such amendment. Thereafter, if Declarant shall determine that any amendments shall be necessary in order to make non-material changes, such as for the correction of a technical, clerical or typographical error or clarification of a statement or for any changes to property not yet part of the Community, then, subject to the following sentence of this Section, Declarant shall have the right and power to make and execute any such amendments without obtaining the approval of any Owners. Each such amendment of this Community Declaration shall be made, if at all, by Declarant prior to the expiration of forty(40)years from the date this Community Declaration is recorded. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to Declarant to make or consent to an amendment under this section on behalf of each Owner and holder of a security interest. Each deed, security interest, other evidence of obligation or other instrument affecting a Unit and the acceptance Page 45 of 52 Master Declaration,FINAL Iillllllillllll II Ilill IIIII IIIII Illl!Illilllllllll111ii wpd ?z a of 6 ShallaY Vanoo-Gallatin Co MT MIN a01.00 thereof shall be deemed to be a grant and acknowledgment of, and a consent to the reservation of,the power of Declarant to make, execute and record an amendment under this Section. Section 10.8 Amendment of Community Declaration by Owners . Except as otherwise expressly provided in this Community Declaration, and subject to provisions elsewhere contained in this Community Declaration requiring the consent of Declarant or others, any provision, covenant,'condition, restriction or equitable servitude contained in this Community Declaration may be amended, repealed, added to, and/or changed by the addition of new or different covenants, conditions or restrictions at any time and from time to time upon approval of: (a) at least fifty-one percent (51%) of the votes directly from the Residential Units; and (b) at least fifty-one percent (51%) of the votes directly from the Commercial Units; and (c) at least fifty-one percent (51%) of the votes directly from any other class of Unit, as such classes may subsequently be established by Declarant,and with the written consent of the Community Association. The Delegates shall not be empowered to vote on any such amendment, as the right to amend is exclusively reserved to the Owners, as above provided. An amendment or repeal shall be effective upon the recordation in the real property records of all counties of which the Community is a part, which may include the City and the County of Gallatin, State of Montana, of a certificate, setting forth the amendment in full and certifying that the amendment has been approved as set forth above, and containing the written consent and approval of the Community Association. Section 10.9 Amendment Required by Mortgage Agencies . Prior to forty (40)years after recording of this Community Declaration, any provision, covenant, condition, restriction or equitable servitude contained in this Community Declaration which FHA, VA, FHLMC, GNMA, FNMA or any similar entity authorized to insure, guarantee, make or purchase mortgage loans requires to be amended or repealed shall be amended or repealed by Declarant or the Community Association. Any such amendment or repeal shall be effective upon the recordation in the real property records of all counties of which the Community is a part, which may include the City and the County of Gallatin, State of Montana, of a certificate, setting forth the amendment or repeal in full. Section 10.10 Required Consent of Declarant to Amendment Notwithstanding any other provision in this Community Declaration to the contrary, any proposed amendment or repeal of any provision of this Community Declaration reserving development rights or for the benefit of the Declarant, or the assignees, shall not be effective unless Declarant, and its Page 46 of 52 Master Declaration,FINAL.wpd f III 2202825 l I I Pape: 61 of 63 IIIII III IIIII{I 09/2212005 12:00P III Illl{II{II IIIIIIIIIIIIII{II I1{ l Shelley Vance-Gallatin Co MT MISC eai.00 assignees, if any, have given written consent to such amendment or repeal, which consent may be evidenced by the execution by Declarant or its assignees of any certificate of amendment or repeal. The foregoing requirement for consent to any amendment or repeal shall terminate upon the expiration of the Period of Declarant Control. Section 10.11 Validity of Amendments . Any action to challenge the validity of an amendment of this Community Declaration must be brought within one year after the amendment is recorded in the real property records of all counties of which the Community is a part, which may include the County of Gallatin, State of Montana. Section 10.12 Interpretation. The provisions of this Community Declaration shall be liberally construed to effectuate their purposes of creating a uniform plan for the development of the Units and of promoting and effectuating the fundamental concepts as set forth in the recitals of this Community Declaration. This Community Declaration shall be construed and governed under the laws of the State of Montana. Section 10.13 No Representations or Warranties. No representations or warranties of any kind, express or implied, shall be deemed to have been given or made by Declarant or its agents or employees in connection with any portion of the Community, its or their physical condition, zoning, compliance with applicable laws, fitness for intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof,unless and except as shall be specifically set forth in writing. Section 10.14 Singular Includes the Plural . Unless the context otherwise requires, the singular shall include the plural, and the plural shall include the singular, and each gender referral shall be deemed to include the masculine, feminine and neuter. Section 10.15 Captions. All captions and titles used in this Community Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise affect that which is set forth in any paragraph, section or article hereof. Section 10.16 Liberal Interpretation . The provisions of this Community Declaration shall be liberally construed as a whole to effectuate the purposes of this Community Declaration. Section 10.17 Governing Law. This Community Declaration shall be construed and governed under the laws of the State of Montana. Master Declaration,FINAL.vqA I11181 IIIII IlIII 1i111 lllll IIII!IIIIIII II IIII 1 220?$z5 I I III IIII 20 12.@ P Challay Yana*-Gallatin Cc MT MISC 901.00 IN WITNESS WHEREOF, the Decl t has caused this Community Declaration to be executed by its duly authorized agent this day of September, 2005. Baxter Meadows West,LLC, a M ana limit li ility company u2— Thomas L.Clinton AA tm t wi , Gerald R. Williams STATE OF MONTANA ) ss. COUNTY OF } The foregoing Community Declaration was acknowledged before me this day of September, 2005, by THOMAS L. CLINTON AND GERALD R, WILLIAMS, as Managing Members of Baxter Meadows West,LLC, a Montana limited liability company. Witness my hand and official seal. JIN 'dtAlifq •.p Notary Public for the State of /u0n.64A-&-, /{['.,� 1 Residing at 80,7�,W� , �1: \./1:0.i.,.��t 1......,'•\fir ti•e`h ' My Commission expires:.1'm1ti QP Master Declaration,FINAL.wpd ee ZZ028ZJp Shelley Van0e4allatin Cc MT MIBC 6al.00 EXHIBIT A PROPERTY WHICH ONCE OWNED BY DECLARANT MAY BE ADDED TO THE COMMUNITY DECLARATION All of those lands situated in Tracts 2A and 4A of Certificate of Survey No. 2202A, located in the NE 1/4 of Section 3, Township 2 South, Range 5 East and the S % of Section 34, Township 1 South, Range 5 East,P.M.M., Gallatin County,Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. Page 49 of 52 Master Declaration,FINAL.wpd 110111111111111111111INIIIIIIIIIIII11111111111111111 Z20NS 25P Shelley Vance-Callatln Co MT MISC 601.ee EXHIBIT B INITIAL REAL PROPERTY 1. Legal description: All of those lands situated in Tracts 2A and 4A of Certificate of Survey No. 2202A, located in the NE 1/4 of Section 3,Township 2 South,Range 5 East and the S '/z of Section 34,Township 1 South,Range 5 East,P.M.M.,Gallatin County,Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County,Montana. 2. The above Real Property is also subject to the following documents of record: a. Notice Regarding Baxter Meadows Master Community b. Other documents and written instruments of record. Master Dec]aratim,FINAL.wpd Ili illl111111IIIII IIIiI IIIII11111111111111111111111 zzz8z5P IIII Sheller vanco4allatin co MT MISC M AO EXHIBIT C ADDITIONAL PROPERTIES THAT MAY BE ADDED Any lands adjacent to and contiguous with that land area described within Exhibit"A" above. Page 51 of 52 Master Declaration,FINAL.wpd l llllll illll IIIII I iliI IIIII IIIII IIIIIII III IIIIIII II IIII zze6 of03 SW ley Vance-Gallatin Cc MT MtSC E01.00 IL a NM�N W O 10 Nro ion N a' a 0 - - - c� - MI E - O _ V —"' BYLAWS OF THE to BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION s w Table of Contents ARTICLE 1 Page INTRODUCTION,PURPOSES AND DEFINITIONS ............................................................ 1 Section1.1 Introduction ................................................................................................ 1 Section1.2 Purposes ..................................................................................................... 1 Section1.3 Definitions ................................................................................................. 1 ARTICLE 2 MEMBERSHIP ................................................................................................................ 1 Section2.1 Membership ............................................................................................... 1 Section 2.2 Memberships Appurtenant ......................................................................... 1 Section 2.3 Voting Rights of Members ......................................................................... 2 Section 2.4 Voting by Joint Owners ............................................................................. 2 Section 2.5 Resolution of Voting Disputes ................................................................... 2 Section 2.6 Suspension of Voting and Owner Rights ................................................... 2 ARTICLE 3 MEETINGSOF OWNERS ............................................................................................. 3 Section 3.1 Place of Meetings of Owners by Delegate District .................................... 3 Section 3.2 Annual Meetings of Owners by Delegate District ..................................... 3 Section 3.3 Special Meetings of Owners by Delegate District ..................................... 3 Section 3.4 Record Date for Owner Meetings .............................................................. 3 Section 3.5 Notice of Meetings of Owners by Delegate District .................................. 3 Section 3.6 Proxies of Owners ...................................................................................... 4 Section 3.7 Quorum at Owners' Meetings .................................................................... 4 Section 3.8 Adjournments of Owners' Meetings .......................................................... 4 Section 3.9 Vote Required at Owners' Meetings .......................................................... 4 Section 3.10 Order of Business ....................................................................................... 5 Section 3.11 Certification of Election After Meeting ..................................................... 5 Section 3.12 Action by Written Ballot ............................................................................ 5 ARTICLE 4 DELEGATES .....................................................:..............................................I............... 5 Section4.1 Delegates .....................................................................:.............................. 5 Section 4.2 Voting Rights of Delegates ........................................................................ 5 Section 4.3 Qualifications of Delegates ........................................................................ 6 Section 4.4 Term of Office of Delegates ...................................................................... 6 Section 4.5 Removal of Delegates ................................................................................ 6 Section 4.6 Resignation of Delegates ........................................................................... 6 Section4.7 Vacancies. ..................................................,............................................... 6 IIIIIIIIIillllllllllllllllllillllllllllllllilllllllllll zz�zsz5 Shelley Vartoa-Gallatlm Co MT MISC 601.00 ARTICLE 5 MEETINGS OF DELEGATES ...................................................................................... 6 Section 5.1 Place of Delegate Meetings ....................................................................... 6 Section 5.2 Annual Meetings of Delegates ................................................................... 6 Section 5.3 Special Meetings of Delegates ................................................................... 6 Section 5.4 Budget Meetings of Delegates ............................................ ............. 7 Section 5.5 Notice of Meetings of Delegates ............................................................... 7 Section 5.6 Record Date for Meetings of Delegates ..................................................... 7 Section 5.7 Proxies of Delegates. ................................................................................. 7 Section 5.8 Ouorum at Delegates' Meetings ................................................................ 7 Section 5.9 Attendance of Delegates_ by Telecommunication ...................................... 8 Section 5.10 Adjournments of Delegates' Meetings ....................................................... 8 Section 5.11 Vote Required at Delegates' Meetings ...................................................... 8 Section 5.12 Cumulative Voting by Delegates Not Permitted ....................................... 8 Section 5.13 Order of Business ....................................................................................... 8 Section 5.14 Officers of Meetings of Delegates ............................................................. 8 Section 5.15 Waiver of Notice by Delegates .................................................................. 8 Section 5.16 Action of Delegates Without a Meeting .................................................... 9 Section 5.17 Action b Delegates eleg_ates Written Ballot ........................................................... 9 Section 5.18 Owners' Right to Attend Meetings of Delegates ....................................... 9 Section 5.19 Compensation of Delegates ....................................................................... 9 ARTICLE 6 EXECUTIVEBOARD .................................................................................................... 9 Section 6.1 Number and Potential Classes ................................................................... 9 Section 6.2 Qualifications of Members of the Executive Board ................................ 10 Section 6.3 Nominations for the Executive Board ..................................................... 1 I Section 6.4 Term of Office for Directors .................................................................... 11 Section 6.5 Removal of Directors ............................................................................... 11 Section 6.6 Vacancies on the Executive Board .......................................................... 11 Section6.7 Compensation .......................................................................................... 11 Section 6.8 Resignation of Board Members/Directors ............................................... 12 ARTICLE 7 MEETINGS OF THE EXECUTIVE BOARD ............................................................ 12 Section 7.1 Location of Meetings and Open Meetings of the Board .......................... 12 Section 7.2 Annual Meeting of the Executive Board ................................................. 12 Section 7.3 Regular Meetings of the Board ................................................................ 12 Section 7.4 Special Meetings of the Board ................................................................. 12 Section 7.5 Notice of Board Meetings ........................................................................ 12 Section 7.6 Waiver of Notice of Board Meetings ....................................................... 13 Section T7 Quorum for Board Meetings .................................................................... 13 Section 7.8 Proxies of the Board. ................................................................................ 13 Section 7.9 Adjournment of Board Meetings ............................................................. 13 Section 7.10 Vote Required at Board Meetings ........................................................... 13 Section 7.11 Consent to Corporate Action of the Board ............................................... 13 Section 7.12 Telephone Communication of Board Members in Lieu of Attendance ... 13 IIII Illll lllll IIIII IIIIII IIIIIIIIIIIIIIIII ?z0oof 83 IIIIIIIIIIIII Shallay vanoa-Gallatin Co MT MISC 601.00 II 2202825 ````IIII I�II1 II1 II 1III11IPaw 50 of 0 I I 109/22/2005 123 oil I 00P II I�I 1 Shelley Vane-Gallatin Co R7 RISC 601.00 ARTICLE 8 POWERS AND DUTIES OF THE EXECUTIVE BOARD ....................................... 15 Section 8.1 Powers and Duties ................................................................................... 15 ARTICLE 9 OFFICERS AND THEIR DUTIES .............................................................................. 16 Section 9.1 Enumeration of Offices ............................................................................ 16 Section 9.2 Appointment of Officers .......................................................................... 16 Section 9.3 Special Appointments .............................................................................. 16 Section 9.4 Resignation and Removal. ............................................................ ...... 16 Section9.5 Vacancies ................................................................................................. 16 Section9.6 Duties ....................................................................................................... 16 Section9.7 Dele ag tion ................................................................................................ 17 Section 9.8 Amreements, Contracts, Deeds,Checks, Etc ............................................ 17 Section 9.9 Statements of Unpaid Assessments ......................................................... 17 Section 9.10 Compensation .......................................................................................... 17 ARTICLE 10 COMMITTEES .............................................................................................................. 18 Section 10.1 Designated Committees ........................................................................... 18 ARTICLE 11 ENFORCEMENT .......................................................................................................... 18 Section 11.1 Abatement and Enjoinment of Violations ................................................ 18 Section 11.2 Fines for Violation ................................................................................... 18 ARTICLE 12 BOOKS AND RECORDS ............................................................................................. 18 Section12.1 Records. ................................................................................................... 18 Section12.2 Examination .......................... ................................................................. 19 ARTICLE 13 INDEMNIFICATION ................................................................................................... 19 Section 13.1 Obligation to Indemnify ........................................................................... 19 Section 13.2 Determination Required .......................................................................... 20 Section 13.3 Payment in Advance of Final Disposition ............................................... 20 Section 13A No Limitation of Rights .......................................................................... 21 Section 13.5 Directors and Officers Insurance ............................................................. 21 ARTICLE 14 MISCELLANEOUS ...................................................................................................... 21 Section 14.1 Notices to the Community Association ................................................... 21 Section14.2 Waiver ................................................................................................. ARTICLE 15 AMENDMENTS ............................................................................................................ 21 Section 15.1 Bylaw Amendments/Vote of the Delegates ............................................. 21 Section 15.2 Restrictions on Amendments ................................................................... 21 BYLA WS OF THE BAXTER MEADOWS MASTER COMMUNITY ASSOCIA TION ARTICLE 1 INTRODUCTION,PURPOSES AND DEFINITIONS Section 1.1 Introduction. These are the Bylaws of the Baxter Meadows Mastnr Community Association(the"Community Association"),which Community Association operates under Montana law. Section 1.2 Purposes. The purposes for which the Community Association-,vas formed are to preserve and enhance the value of the properties of Owners and to operate,govern,manage, supervise and care for the Master Planned Community and the Common Elements of the "Community," situated in Gallatin County,Montana,as the Community was created pursuant to tte Community Declaration for Baxter Meadows(the"Community Declaration"),plats and/or deeds. Section 1.3 Definitions. Terms used herein shall have the meanings set forth in the Community Declaration unless expressly defined herein. ARTICLE 2 MEMBERSHIP Section 2.1 Membership. Members of the Community Association include Delegates elected on behalf cf Owners subject to the Community Declaration. Each Owner shall be allocated votes pursuant to the Community Declaration. Voting rights and other rights of the Cwners are vested in Delegates, as provided for in the Community Declaration, these Bylaws and as allov:ed for under Montana law. Members, as that term is used in Montana nonprofit law, stall be the Delegates, as applicable, elected as provided in the Community Declaration and these Bylaws. Wherever in the Montana nonprofit law reference is made to Members(as,for example,in statutory provisions requiring an annual meeting of members, permitting removal of directors by members or relating to voting on amendments to these Articles of Incorporation) the Members Teferred t-:) shall be such Delegates. The Members may be of such classes of membership as-.stablis lec by the Community Declaration,as the Declaration may be amended or supplemented. :. Section 2.2 Memberships Appurtenant. Each membership shall be appurtenant to the fee simple title of an Owner. The person or persons who constitute the Owner of fee simple title shall automatically be the holder of the membership appurtenant and the membership shall automatically pass with fee simple title. No Owner shall be entitled to resign from the Community Association. Membership shall not be assignable separate and apart from fee simple title except that an Owner may assign some or all of their rights as an Owner to a tenant or bolder of a security ir_terest and may arrange for a tenant to perform some or all of such Owner's obligations,but no such(relegation or assignment shall relieve an Owner from the responsibility for fulfillment of the obligations of an Page I of 22 Maater Bylaw:.FINA.L.wpi 111111111111111111111111111111111111111111 111111 111111 F302825 , P Shelley Vance-Callatln Co MT MISC 601.co Owner under the Community Declaration. The rights acquired by any such tenant or holder of a Security Interest shall be extinguished automatically upon termination of the tenancy or interest. The assignment of rights by an Owner pursuant to this Section shall not be subject to any present or future statutory time limit for the duration of proxy rights. Section 2.3 Voting Rights of Members. The Real Property shall be divided into Delegate Districts,and each Delegate District shall elect one Delegate and one Alternate Delegate to exercise the voting power of all the Owners in such Delegate District as is more particularly provided in the Community Declaration. Supplemental Declarations may define the Delegate District for Owners. The boundaries of Delegate Districts may be redefined as provided in the Community Declaration, Each Owner shall have the right to cast votes for the election of the Delegate to exercise the voting power of the Delegate District in which the Owner's Unit is located. Each Owner and Delegate shall be entitled to votes as provided for in the Community Declaration,except that no votes allocated to a Unit owned by the Community Association or a Sub Association may be cast. The Delegate from a Delegate District shall be elected by Owners holding a majority of the voting power in such Delegate District present in person, or by proxy, at a duly constituted meeting of such Delegate District. During the Period of Declarant Control, the Declarant or persons appointed by the Declarant shall have the right to appoint members of the Executive Board. In the event a Unit is resubdivided into two or more Units in accordance with the terms and conditions contained in the Community Declaration, each Unit existing after such resubdivision shall be entitled to one membership. Section 2.4 Voting by Joint Owners. If there is more than one person who constitutes an Owner, each such person shall be entitled to attend any meeting of Owners but the voting power attributable shall not be increased. In all cases in which more than one person constitutes an Owner, including instances of husband and wife, then, unless written notice to the contrary, signed by any one of such persons,is given to the Board prior to the meeting,any one such person shall be entitled to cast, in person or by proxy, the vote attributable, and it shall be presumed that they are in agreement with respect to the manner that such vote is cast. If, however, more than one person constituting such Owner attends a meeting in person or by proxy, and seeks to cast the vote attributable,then the act of those persons owning a majority in interest shall be entitled to cast the vote attributable. Section 2.5 Resolution of Voting Disputes. In the event of any dispute as to the entitlement of any Owner to vote or as to the results of any vote of Owners at a meeting,the Board shall act as arbitrators and the decision of disinterested majority of the Board shall,when rendered in writing, be final and binding as an arbitration award and may be acted upon in accordance with Montana law;provided,however,that the Board shall have no authority or jurisdiction to determine matters relating to the entitlement of Declarant to vote or relating to the manner of exercise by Declarant of its voting rights. Section 2.6 Suspension of Voting and Owner Rights. During any period in which a Owner shall be in default in the payment of any Assessment levied by the Community Association, the voting rights and right to use any recreational facilities of the Community by such Owner shall Page 2 of 22 Master Bylaws,FINAL.wpd 2202 of93IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII SW ley Vanea-Oallatln Co M1 MISC 601.02 be deemed suspended by the Executive Board(as hereafter defined),without notice or hearing,until such Assessments have been paid. Such rights of a Owner may also be suspended, after notice or hearing, during any period of violation of any other provision of the Community Declaration, Articles of Incorporation("Articles")or Bylaws. ARTICLE 3 MEETINGS OF OWNERS Section 3.1 Place of Meetings of Owners by Delegate District. Meetings of the Owners in a Delegate District shall be held in the Community,or in the greater Bozeman,Montana area, as designated by the Executive Board or the President or an officer or agent, in the notice of the meeting. Section 3.2 Annual Meetings of Owners by Delegate District. The annual meetings in each Delegate District shall be held as the annual meeting of a Sub Association, if the Sub Association comprises all of a Delegate District. Otherwise, an annual meeting of the Owners within a Delegate District shall be held to elect a Delegate from the Delegate District and to transact such other business as may properly come before the meeting. At these meetings,a Delegate shall be elected by the Board of the Sub Association, or if the Delegate District includes property not within one Sub Association or outside of a Sub Association, then by ballot of those Owners, in accordance with the provisions of these bylaws,the Community Declaration and Articles. Section 3.3 Special Meetings of Owners by Delegate District. Special meetings of the Owners in any Delegate District may be called by the Delegate representing the Delegate District, the Board or by Owners holding not less than ten percent(10%)of the total votes of all Owners in the Delegate District. No business shall be transacted at any special meeting except as indicated in the notice thereof. Section 3.4 Record Date for Owner Meetings. For the purpose of determining Owners entitle to notice of,or to vote at any meeting of Owners in any Delegate District or in order to make a determination of such Owners for any other proper purpose,the Board may fix,in advance,a date as the record date for any such determination of Owners. The record date shall be not more than fifty(50) days prior to the meeting of Owners or the event requiring a determination of Owners. Section 3.5 Notice of Meetings of Owners by Delegate District. Written notice of each meeting of Owners, by Delegate District,shall be given by, or at the direction of, the Secretary or person authorized to call the meeting at least ten(10)days before,but not more than fifty(50)days before such meeting, to each Owner entitled to vote. Notice may be provided by telephone, facsimile, e-mail,or by first class mail,postage pre-paid. Such notice shall specify the place, day and hour of the meeting and, in the case of a special meeting, the purpose of the meeting. No matters shall be heard nor action adopted at a special meeting except as stated or allowed in the notice. Page 3 of 22 Master Bylaws,FINAL.wo I IIIIII IIIII IIIII IIIII IIIII IIIII EIIIIII III illl IIIII Illl �203 of SS Shelley Vans-Gallatin Co MT MISC 801.00 Section 3.6 Proxies of Owners. A Owner entitled to vote in any Delegate District may vote in person or by proxy in writing executed by the Owner or his duly authorized attorney-in-fact and filed with the Secretary of the meeting prior to the time the proxy is exercised. The filing of a proxy by a Owner may include, without limitation, the transmission of the same by telegram, teletype,facsimile,e-mail or other electronic transmission to the Secretary of the meeting provided that such transmitted proxy shall set forth or be transmitted with written evidence from which it can be determined that the Owner transmitted or authorized the transmission of the proxy. Any proxy may be revoked, prior to the time the proxy is exercised,by a Owner in person at a meeting or by revocation in writing filed with the Secretary. A proxy shall automatically cease upon the conveyance by an Owner of their Unit. No proxy shall be valid after eleven (11)months after the date of its execution unless otherwise provided in the proxy and no proxy shall be valid in any event for more than three years after its date of execution. Any form of proxy furnished or solicited by the Community Association and any form of written ballot furnished by the Community Association shall afford an opportunity theron for Owners to specify a choice between approval and disapproval of each matter or group of related matters which is known at the time and form of proxy or written ballot is prepared,may come before the meeting and shall provide, subject to reasonably specified conditions that if a Owner specifies a choice with respect to any such matter,the vote shall be cast in accordance therewith. Section 3.7 Quorum at Owners' Meetings. Except as may be otherwise provided in the Community Declaration, the Articles of Incorporation or these Bylaws, and except as hereinafter provided with respect to the calling of another meeting, the presence, in person or by proxy, of Owners entitled to cast at least ten percent(10%)of the votes of all Owners in any Delegate District shall constitute a quorum at any meeting of such Delegate District. Owners present in person or by proxy at a duly organized meeting may continue to transact business until adjournment, notwithstanding the withdrawal of Owners so as to leave less than a quorum. If the required quorum is not present in person or by proxy, then Owners entitled to cast at least five percent(5%) of the votes of all Owners within such Delegate District,shall,except as may be otherwise provided in the Community Declaration,the Articles of Incorporation or these Bylaws,constitute a quorum at such meeting. Section 3.8 Adioumments of Owners' Meetings. Owners present in person or by proxy at any meeting of a Delegate District may adjourn the meeting from time to time,whether or not a quorum shall be present in person or by proxy, without notice other than announcement at the meeting, for a total period or periods of not to exceed 30 days after the date set for the original meeting. At any adjourned meeting which is held without notice other than announcement at the meeting, the quorum requirement shall not be reduced or changed, but if the originally required quorum is present in person or by proxy, any business may be transacted which might have been transacted at the meeting as originally called. Section 3.9 Vote Required at Owners' Meetings. At any meeting of a Delegate District if a quorum is present, a majority of the votes present in person or by proxy and entitled to be cast on a matter shall be necessary for the adoption of the matter,unless a greater proportion is required by law, the Community Declaration,the Articles of Incorporation or these Bylaws. Page 4 of 22 Master Bylaws,FINAL."d I IIIIII IIIII MIII IIIII IIIII IIIII IIIIIII III IIIII IIII IIII ?��28200P Shelley Vanoe-Gallatin Co MT M16C 501.00 Section 3.10 Order of Business. The order of business at any meeting of Owners of a Delegate District shall be as follows: (a)roll call to determine the voting power represented at the meeting; (b) proof of notice of meeting or waiver of notice; (c) reading of minutes of preceding meeting; (d) report of the Delegate of the Delegate District; (e) election of a Delegate (at annual meetings or special meetings held for such purpose); and(f) other business if noticed, is provided for in these Bylaws. Section 3.11 Certification of Election After Meeting. Promptly after any meeting of Owners to elect a Delegate in a Delegate District,the Secretary or their agent shall certify in writing to the Board the name and address of the Delegate elected,the Delegate District which the Delegate represents and the time and place of the meeting at which the Delegate was elected. Section 3.12 Action by Written Ballot. Any action that may be taken at any annual, regular,or special meeting of the Owners of a Delegate District may be taken without a meeting by written ballot delivered to every Owner entitled to vote on the matter. The procedure for actions by written ballot shall be governed by Montana law. ARTICLE 4 DELEGATES Section 4.1 Delegates. A "Delegate" is defined in the Community Declaration as the natural person selected by Owners within a Delegate District to represent such Delegate District and to cast votes on behalf of Owners within such Delegate District. Section 4.2 Voting Rights of Delegates. Each Delegate shall have one vote for each vote which could be cast by Owners voting to elect a Delegate for such Delegate District as provided in the Community Declaration or in any Supplemental Declaration. Each Delegate may cast the votes which he or she represents in such manner as the Delegate, in his or her sole discretion, deems appropriate, acting on behalf of all the Owners in the Delegate District;provided, however,that in the event that at least a majority in interest of the Owners in any Delegate District present in person or by proxy at a duly constituted meeting of such Delegate District shall determine at such meeting to instruct their Delegate as to the manner in which he or she is to vote on any issue, then the Delegate representing such Delegate District shall cast all of the voting power in such Delegate District in the same proportion, as nearly as possible without counting fractional votes, as the Owners in such Delegate District shall have cast their votes"for"and"against"such issue in person or by proxy. A Delegate shall have the authority, in his or her sole discretion, to call a special meeting of the Owners of the Delegate's Delegate District in the manner provided for in these Bylaws,for the purpose of obtaining instructions as to the manner in which to vote on any issue to be voted on by the Delegates. When a Delegate is voting without the instruction from the Owners represented by such Delegate,then all of the votes may be cast as a unit or block, or the Delegate may apportion some of such votes in favor of a given proposition and some of such votes in opposition to such proposition. It will be presumed that any Delegate casting votes will have acted with the authority and consent of all the Owners of the Delegate District of such Delegate. Page 5 of 22 Master Bylaws,FINAL.wpd IIIIIIIIIllilIIIIIIIIIiIIIIIIIIIIIIIIIIII 2206of 62 Illiil IIIII I I Shelley Vane-Gallatin Co MT MISC 601.00 Section 4.3 Qualifications of Delegates. A Delegate must be a resident of a dwelling unit within the Delegate District,an occupant of a Commercial Unit,within the Delegate District,or an Owner, or, if any Owner is not a natural person, must be an authorized agent of the Owner. If a Delegate conveys or transfers title to his or her Unit or ceases to reside or occupy within the Delegate District, or if a Delegate who is an authorized agent of an Owner which is not a natural person ceases to be such authorized agent, or if the entity of which a Delegate is an agent transfers title, such Delegate's term shall immediately terminate and the Alternate Delegate shall take such Delegate's place. A Delegate may be reelected,and there shall be no limit on the number of terms a Delegate may serve. Section 4.4 Term of Office of Delegates. Each Delegate shall be elected to a two year term of office,and shall continue in office until a successor is elected,unless such Delegate resigns, is removed, or becomes disqualified to be a Delegate. Section 4.5 Removal of Delegates. At any duly called meeting of Owners of a Delegate District,the notice of which indicates such purpose,the Delegate representing that Delegate District may be removed, with or without cause,by a vote of a majority of the votes of Owners present at such meeting in person or by proxy, and a successor may then and there be elected to fill the vacancy thus created. Section 4.6 Resignation of Delegates. Any Delegate may resign at any time by giving written notice to the President, to the Secretary or to the Board stating the effective date of such resignation. Acceptance of such resignation shall not be necessary to make the resignation effective. Section 4.7 Vacancies. Any vacancy occurring in the office of a Delegate shall,unless filled after removal of a Delegate,be filled at a special meeting,called for such purpose,of Owners of the Delegate District represented by such Delegate. A Delegate elected to fill a vacancy shall be elected for the unexpired term of his or her predecessor in office. ARTICLE 5 MEETINGS OF DELEGATES Section 5.1 Place of Delegate Meetings. Meetings of Delegates shall be held at the principal office of the Community Association, if any,or at such other place,within or convenient to the Community as may be fixed by the Board and specified in the notice of the meeting. Section 5.2 Annual Meetings of Delegates. An annual meeting of the Delegates shall be held during each of the Community Association's fiscal years, at such time of the year and date as determined by the Executive Board and set forth in the notice sent to the Delegates. Section 5.3 Special Meetings of Delegates. Special meetings of the Delegates may be called by the President, by a majority of the members of the Board or by a petition signed by Delegates comprising twenty percent(20%) of the votes in the Community Association, Page 6 of 22 Master Bylaws,FINAL.wpd IIIII Page: 66 2202825 III IIIII IIIII IIIII 11 Ilill III IIIII III 09/22/2006 r 12a00P Illllfllllllll Shelley Vance-Gallatin Co MT MISC 601.00 Pass; 67 of 83 2202825 07l22/2006 12,00P Shgllav Vance-Gallatin Co MT ML6C 801.00 Section 5.4 Budget Meetings of Delegates. Meetings of Delegates to consider proposed budgets shall be called in accordance with the Community Declaration. The budget process allows for a veto,by certain delegates,of a proposed budget adopted by the Executive Board,as provided for in the Community Declaration. In the event any proposed budget is rejected, the budget last ratified is continued until such time as a subsequent budget proposed by the Executive Board is ratified. Section 5.5 Notice of Meetings of Delegates. Written notice of each meeting of Delegates shall be given by,or at the direction of,the Secretary or person authorized to call the meeting at least ten (10) days before, but not more than fifty (50) days before such meeting, to each Delegate entitled to vote. Notice may be provided by telephone, facsimile, e-mail, or by first class mail, postage pre-paid. Such notice shall specify the place,day and hour of the meeting and,in the case of a special meeting, the purpose of the meeting. No matters shall be heard nor action adopted at a special meeting except as stated or allowed in the notice. The notice of an annual meeting shall include the names of any known candidate for Delegate and shall identify any other matter which it is known may come before the meeting. The notice of a special meeting in any Delegate District shall state the purpose or purposes for which the meeting is called. The notice of any annual or special meeting in any Delegate District shall state any matter an Owner within such Delegate District intends to raise at the meeting if requested to do so by a person entitled to call a special meeting in such Delegate District at least ten(10)days before notice of the meeting is given. Section 5.6 Record Date for Meetings of Delegates. For the purpose of determining Delegates entitled to notice of, or to vote at, any meeting of Delegates, or in order to make a determination of such Delegates for any other purpose,the Board may fix,in advance,a date as the record date for any such determination of Delegates. The record date shall not be more than fifty (50) days prior to the meeting of Delegates or such other event requiring a determination of Delegates. Section 5.7 Proxies of Delegates. For the purposes of determining a quorum with respect to a particular proposal and for the purposes of casting a vote for or against that particular proposal, a Delegate may execute,in writing,a proxy to be held by another Delegate. The proxy shall specify either a yes,no or abstain vote on each particular issue for which the proxy was executed. Proxies which do not specify a yes, no or abstain vote shall not be counted for the purpose of having a quorum present or as a vote on the particular proposal before the Delegates. Section 5.8 Ouorum at Delegates'Meetings, Except as may be otherwise provided in the Community Declaration, the Articles of Incorporation, or these Bylaws,the presence in person or by proxy of Delegates entitled to cast at least forty percent(40%)of the votes of all Delegates shall constitute a quorum at any meeting of Delegates. Delegates present at a duly organized meeting of Delegates may continue to transact business until adjournment,notwithstanding the withdrawal of Delegates so as to leave less than a quorum. If the required quorum is not present at any meeting of Delegates, another meeting may be called, subject to the notice requirements set forth in this Article, and the presence of Delegates entitled to cast at least twenty percent(20%)of the votes of all Delegates shall,except as may be otherwise provided in the Community Declaration,the Articles of Incorporation or these Bylaws, constitute a quorum. Page 7 or 22 Master Bylaws,F1NAL.wpd zzO8of 03 1111111111111111111111111111111111111111111111111111111 Shelley Vano"allatln Co MT MISC 601.00 Section 5.9 Attendance of Delegates by Telecommunication. If a Delegate so requests in a written notice given to the Secretary of a meeting at least seven(7) days prior to the meeting and if the Board agrees,in its sole discretion,to permit the same, such Delegate may participate in such meeting,or such meeting may be conducted through the use of any means of communication by which such Delegate may hear each other person present during such meeting. A Delegate participating in a meeting by the foregoing means shall be deemed to be present in person at such meeting. Section 5.10 Adjournments of Delegates' Meetings. Delegates present at any meeting of Delegates may adjourn the meeting from time to time, whether or not a quorum shall be present, without notice other than an announcement at the meeting, for a total period or periods of not to exceed thirty(30)days after the date set for the original meeting. At any adjourned meeting which is held without notice other than announcement at the meeting, the quorum requirement shall not be reduced or changed, but if the originally required quorum is present, any business may be transacted which might have ben transacted at the meeting as originally called. Section 5.11 Vote Required at Delegates' Meetings. At any meeting of Delegates, if a quorum is present, a majority of the votes present in person and entitled to be cast on a matter shall be necessary for the adoption of the matter, unless a greater proportion is required by law the Community Declaration,the Articles of Incorporation or these Bylaws. Section 5.12 Cumulative Voting by Delegates Not Permitted. Cumulative voting by Delegates in the election of Board members shall not be permitted. Section 5.13 Order of Business. The order of business at all meetings of Delegates shall be as follows: (a)roll call to determine the voting power represented at the meeting; (b)proof of notice of meeting or waiver of notice; (c) reading of minutes of preceding meeting; (d)reports of officers; (e) reports of committees; (0 election of members of the Executive Board (at annual meetings or special meetings held for such purpose); (g) ratification of budgets (if required and noticed and as applicable under the Community Declaration);(h)unfinished business;and(i)new business. Section 5.14 Officers of Meetings of Delegates. The President shall act as chairman and the Secretary shall act as secretary of any meeting of Delegates. In the absence of the President, then Vice President, the Secretary or the Treasurer, in that order, shall act as chairman of the meeting. In the absence of the Secretary,then the Assistant Secretary,the Treasurer or any Assistant Treasurer, in that order, shall act as Secretary of the meeting. Section 5.15 Waiver of Notice by Delegates. A waiver of notice of any meeting of Delegates,signed by a Delegate,whether before or after the date or time stated in the notice as the date or time when the meeting will occur or has occurred,shall be equivalent to the giving of notice of the meeting to such Delegate. Attendance of a Delegate at a meeting shall constitute waiver of notice of such meeting unless the Delegate at the beginning of the meeting objects to holding the meeting or transacting business at the meeting because of lack of notice or defective notice. Additionally, attendance of a Delegate at the meeting shall constitute a waiver of objection to Page 8 of 22 Master Bylaws,F1NAL.wpd III IIlII Illll II! 2202825 I II Ifll II�I�II�I ff II 09/22/2005 12:00P I�I�li III III Sh*116y Vanon-Gallatin Co MT MISC a01.00 consideration of a particular matter at the meeting that is not within the purpose or purposes described in the meeting notice, unless the Delegate objects to considering the matter when it is presented. Section 5.16 Action of Delegates Without a Meeting. Any action required to be taken or which may be taken at a meeting of Delegates, may be taken without a meeting if a consent, in writing, setting forth the action so taken, shall be signed by all of the Delegates, and otherwise in accordance with the applicable requirements of Montana law. Section 5.17 Action by Delegates Written Ballot. Any action that may be taken at any annual, regular, or special meeting of the Delegates may be taken without a meeting by written ballot delivered to every Delegate entitled to vote on the matter. The procedure for actions by written ballot shall be governed by Montana law. Section 5.18 Owners'Right to Attend Meetings of f Delegates. Any Owner shall be entitled to attend any meeting of Delegates. Section 5.19 Compensation of Delegates. No Delegate shall receive any compensation from the Community Association for acting as such unless approved by a majority of the votes of the Delegates, regular or special meeting of the Delegates. Any Delegate may be reimbursed for expenses incurred on behalf of the Community Association. Nothing herein shall prohibit the Community Association from compensating a Delegate, or any entity with which a Delegate is affiliated,for services or supplies furnished to the Community Association in a capacity other than as a Delegate pursuant to a contract or agreement with the Community Association. ARTICLE 6 EXECUTIVE BOARD Section 6.1 Number and Potential Classes. (a) The affairs of the Community and the Community Association shall be governed by an Executive Board which shall initially consist of three(3)members,elected or appointed as provided in the Community Declaration and these Bylaws. (b) From and after the date of recordation of the Community Declaration until the date which is sixty(60) days after the date of conveyance of twenty-five percent (25%) of the Units That May Be Created to Owners other than the Declarant,the Declarant,or persons appointed by the Declarant,may appoint and remove all officers and members of the Board. (c) From and after the date which is sixty (60) days after the date of conveyance by Declarant of twenty-five percent(25%)of the Units That May Be Created to Owners other than Declarant until the date which is sixty (60) days after the date of conveyance by Declarant of fifty percent (50%) of the Units That May Be Created to Owners other than Declarant,the number of members of the Board shall be increased to four (4), and the Page 9 of 22 Master Bylaws,FINAL.wpd Owners other than Declarant(acting through their Delegates)shall have the right to elect one (1)of the members of the Board(equal to the greater of one or twenty-five percent (25%), rounded to the nearest whole number)of the total number of the members of the Board,and the Declarant, or persons appointed by Declarant, may appoint and remove all other members of the Board. (d) From and after the date which is sixty (60) days after the date of conveyance by Declarant of fifty percent (50%) of the Units That May Be Created to Owners other than Declarant until the date of termination of the Period of Declarant Control, the number of members of the Board shall be increased to five(5), and the Owners other than Declarant (acting through their Delegates) shall have the right to elect two (2)of the members of the Board(equal to the greater of one or thirty-three percent(33%),rounded to the nearest whole number) of the total number of the members of the Board, and the Declarant, or persons appointed by the Declarant,may appoint and remove all other members of the Board. (e) From and after the date of termination of the Period of Declarant control,the Board shall remain at five(5)members,and the Owners,including Declarant(if Declarant is then an Owner), shall elect at least three (3) members, at least a majority of whom must be Owners other than the Declarant. (0 However, if prior to the termination date of the Period of Declarant Control, the Community Association approves an extension of the Declarant's ability to appoint and remove no more than a majority of the Executive Board,by vote of a majority of the votes entitled to be cast by Delegates,in person or by proxy,other than by the Declarant,at a duly convened meeting of the Delegates, as allowed for in these Bylaws, then the Declarant's rights of appointment may be extended. Any such approval by the Community Association may contain conditions and limitations. Such extension of Declarant's appointment and removal power, together with any conditions and]imitations approved as provided in this paragraph, shall be included in an amendment to the Community Declaration. (g) The Declarant may voluntarily surrender any or all of the foregoing rights to appoint and remove officers and members of the Board before termination of the Period of Declarant Control, but in that event, the Declarant may require, for the duration of the Period of Declarant Control,that specified actions,as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective. (h) As Owners are elected to the Board by the Delegates, the Declarant or the Owners may establish such classes of membership of the Owners and of the Executive Board so as to reasonably allow for representation of the various neighborhoods included within the Community. In the event of those classifications, the Delegates may then elect only specified members of the Executive Board. Section 6.2 Qualifications of Members of the Executive Board. Members of the Executive Board shall be natural persons who are eighteen (18) years of age or older. Except as appointed by Declarant, they must be an Owner or, if the Owner is a partnership, corporation or other entity not a natural person, must be an authorized agent of such partnership, corporation or Page 10 of 22 Master Bylaws,FiNAL."d 111111111111111111111111111111111111111111111111111111 ?z0?8z5P Shallay Vance-GallalIM Cc M7 MIGC 601.00 other entity, If a member of the Executive Board conveys or transfers title to his Unit,or a member of the Executive Board who is an authorized agent or a partnership, corporation or other entity ceases to be such authorized agent, or if the partnership, corporation or other entity transfers title to its Unit, such member's term shall immediately terminate and a new member shall be selected as promptly as possible. There shall be no limit on the number of terms that may be served. Section 6.3 Nominations for the Executive Board. Except for appointees by Declarant, nomination for election to the Board shall be made by a nominating committee. Nominations may also be made from the floor at the annual meetings of Delegates. The nominating committee shall consist of a chairman, who shall be a member of the Board, and two or more Delegates. The nominating committee shall be appointed by the Board prior to each annual meeting of the Delegates to serve from the close of such annual meetings until the close of the next annual meetings and such appointment shall be announced at each annual meeting. The nominating committee shall make as many nominations for election to the Board as it shall in its discretion determine,but not less than the number of vacancies that are to be filled. Section 6.4 Term of Office for Directors. The terms of office of Directors shall be three (3)years or until such time as a successor is elected, and the terms of at least one-third(1/3) of the Directors shall expire annually. Section 6.5 Removal of Directors. The Delegates,by a vote of at least two-thirds(2/3) of the votes at any meeting of the Delegates at which a quorum is present, may remove a Director, other than a Director elected or appointed by class(if any classes are designated by the Declarant) and other than directors appointed by Declarant. Directors appointed by the Declarant may not be removed by the Delegates under this section of the Bylaws. Directors sought to be removed shall have the right to be present at such meeting and shall be given the opportunity to speak to the Delegates prior to a vote to remove being taken. Upon removal,the Delegates, by majority vote, shall then elect such new members of the Executive Board to replace those Directors which were removed. ,h Section 6.6 Vacancies on the Executive Board. Vacancies in the Executive Board,unless filled by Declarant pursuant to its appointment powers, that are caused by any other reason(other than removal) shall be filled by appointment. Each person so appointed shall be a Director who shall serve for the remainder of the unexpired term. Section 6.7 Compensation. No Director shall receive any compensation from the Community Association for acting as such unless approved by a majority of the votes in the Community Association at a regular or special meeting of the Community Association . Any Director may be reimbursed for expenses incurred on behalf of the Community Association upon approval of a majority of the other Directors. Nothing herein shall prohibit the Community Association from compensating a Director, or any entity with which a Director is affiliated, for services or supplies furnished to the Community Association in a capacity other than as a Director pursuant to a contract or agreement with the Community Association,provided that such Director's interest was made known to the Board prior to entering into such contract and such contract was approved by a majority of the Board of Directors,excluding the interested Director. Page I 1 of 22 Master Bylaws,FINAL.wpd I IIIIII IIIII IIIII IIIII IIIII IIIII IIIIIII III IIIII IIII IIII 22@2825p Shelley Vanea4allatln Cc MT M1SC 601.00 Section 6.8 Resignation of Board Members/Directors. Any member of the Executive Board may resign at any time by giving written notice to the President, to the Secretary or to the Board stating the effective date of such resignation. Acceptance of such resignation shall not be necessary to make the resignation effective. ARTICLE 7 MEETINGS OF THE EXECUTIVE BOARD Section 7.1 Location of Meetings and Open Meetings of the Board. All meetings of the Executive Board shall be at the principal office of the Community Association, if any, or at such other place, within or reasonably convenient to the Community. All meetings shall be open to attendance by Owners, as provided by applicable Montana law. Section 7.2 Annual Meeting of the Executive Board. Annual meetings of the Executive Board shall be held on the same date as, or within ten (10) days following, the annual meeting of Delegates. The business to be conducted at the annual meeting of the Executive Board shall consist of the appointment of officers and the transaction of such other business as may properly come before the meeting. No prior notice of the annual meeting of the Board shall be necessary if the meeting is held on the same day and at the same time and place of the annual meeting of the Board is announced at the annual meeting of Delegates. Section 7.3 Regular Meetings of the Board. Regular meetings of the Executive Board shall be held at least twice per year at such place and hour as may be fixed by the Board,without notice. The Board may set a schedule of additional regular meetings by resolution, and no further notice is necessary to constitute regular meetings,except as may be required by law. Section 7.4 Special Meetings ofthe Board. Special meetings of the Executive Board shall be held when called by the President of the Community Association,or by any two Directors,after not less than three (3) business days' notice to each Director. The notice shall be delivered in a manner whereby confirmation of receipt of the notice is received,and shall state the time,place and purpose of the meeting. Section 7.5 Notice of Board Meetings. In the case of all meetings of the Executive Board for which notice is required,notice stating the place,day and hour of the meeting shall be delivered not less than three (3) nor more than fifty (50) days before the date of the meeting, by mail, telegraph,telephone,e-mail or personally,by or at the direction of the persons calling the meeting, to each member of the Board. If mailed, such notice shall be deemed to be delivered at 5:00 p.m. on the second business day after it is deposited in the mail. If by facsimile, such notice shall be deemed delivered when received at the facsimile number for each member of the Executive Board as appears on the records of the Community Association. If by telephone, such notice shall be deemed to be delivered when given by telephone to the member of the Executive Board or to any person answering the phone who sounds competent and mature at his home or business phone number as either appears on the records of the Community Association. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board need be specified in the notice or waiver of such meeting. Page 12 of 22 Master Rvlswc RNAI.u—i z 02825 f93111 IN 11111111111111111111 II Shelley Vanes-Oallatln Co MT MIBC 601.00 1111111111111111111111111111111111111111111111111111111 ?z�3of3 05 4,00P Shelley Vanes-Gallatin Co MT MISC 601.00 Section 7.6 Waiver of Notice of Board Meetings. Any Director may waive notice of any meeting in writing. Attendance by a Director at any meeting of the Board shall constitute a waiver of notice, If all the Directors are present at any meeting, no notice shall be required, and any business may be transacted at such meeting. Section 7.7 Quorum for Board Meetings. At all meetings of the Executive Board, a majority of the Directors shall constitute a quorum for the transaction of business,unless there are less than three Directors,in which case,all Directors must be present to constitute a quorum. The votes of a majority of the Directors present at a meeting at which a quorum is present shall constitute a decision of the Board unless there are less than three(3)Directors,in which case,unanimity of the Directors is required to constitute a decision of the Board. If, at any meeting, there shall be less than a quorum present, a majority of those present may adjourn the meeting. Section 7.8 Proxies of the Board. For the purposes of determining a quorum with respect to a particular proposal and for the purposes of casting a vote for or against that particular proposal, a Director may execute,in writing a proxy,to be held by another Director. The proxy shall specify either a yes, no or abstain vote on each particular issue for which the proxy was executed. Section 7.9 Adjournment of Board Meetings. Members of the Board present at any meeting of the Board may adjourn the meeting from time to time,whether or not a quorum shall be present,without notice other than an announcement at the meeting,for a total period or periods not to exceed 30 days after the date set for the original meeting. At any adjourned meeting which is held without notice other than announcement at the meeting,the quorum requirement shall not be reduced or changed,but if the originally required quorum is present,any business may be transacted which may have been transacted at the meeting as originally called. Section 7.10 Vote Required at Board Meetings. At any meeting of the Board,if a quorum is present, a majority of the votes present in person and entitled to be cast on a matter shall be necessary for the adoption of the matter, unless a greater proportion is required by law, the Community Declaration, the Articles of Incorporation or these Bylaws. Section 7.11 Consent to Corporate Action of the Board. The Directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all of the Directors. Any action so approved shall have the same effect as though taken at a meeting of the Directors. The secretary shall file these consents with the minutes of the meetings of the Executive Board. Section 7.12 Telephone Communication of Board Members in Lieu of Attendance. A Director may attend a meeting of the Executive Board by using an electronic or telephonic communication method whereby the Director may be heard by the other members and may hear the deliberations of the other members on any matter properly brought before the Executive Board. The Director's vote shall be counted and his or her presence noted as if that Director were present in person on that particular matter. Page 13 of 22 Master Bylaws,FINAL.wpd l II IIII IIII lily Illll Illilll III Illlll III IIII 22O4 of 03 11111111111 Shelley vane-Gallatin Co MT MISC 601.00 ARTICLE 8 POWERS AND DUTIES OF THE EXECUTIVE BOARD Section 8.1 Powers and Duties. The Executive Board may act in all instances on behalf of the Community Association, except as provided in the Community Declaration, the Articles or these Bylaws. The Executive Board shall have, subject to the limitations contained in the Community Declaration and the Articles,the powers and duties necessary for the administration of the affairs of the Community Association and of the Community, and for the operation and maintenance of the Community as a first class Community, including the following powers and duties: (a) Adopt the initial Bylaws; (b) Adopt and amend budgets for revenues, expenditures and reserves (c) As a part of the adoption of the regular budget the Executive Board shall include an amount which, in its reasonable business judgment, will establish and maintain a reserve fund for the replacement of those improvements that it is obligated to maintain,based upon age,remaining life,quantity and replacement cost; (d) Collect Assessments to the extent expressly permitted by the Community Declaration or delegated; (e) Hire and discharge an independent managing agent, provided that any agreement for professional management of the Community must provide for the termination by either party with or without cause and without payment of a termination fee or penalty upon thirty(30) days written notice; (f) Hire and discharge employees,independent contractors and agents other than managing agents; (g) Institute, defend or intervene in litigation or administrative proceedings or seek injunctive relief for violations of the Community Declaration or Bylaws in the Community Association's name,on behalf ofthe Community Association or two(2) or more Owners on matters affecting the Community; (h) Enter into contracts on the Association's behalf and incur liabilities; (i) Regulate the use, maintenance, repair, replacement and modifications of Common Elements; 6) Cause additional improvements to be made as a part of the Common Elements; (k) Acquire,hold,encumber and convey,in the Community Association's name, any right,title or interest to real estate or personal property,but Common Elements may be conveyed or subjected to a security interest only pursuant to state law or the terms of the Community Declaration; Page 14 of 22 Master Bylaws,FWAL.wpd IIIIIfI Iff 2202825 IIIIIIIIilllllllllllll Pace:D, Illlllf III Ifllll III f Ilf2212006 12.00P bhallay Vance-Gallatin Co MT MIYC 601.00 (1) Grant easements for any period of time,including permanent easements,and grant leases, licenses and concessions, through or over the Common Elements; (m) Impose and receive a payment,fee or charge for services provided and/or for the use, rental or operation of the Common Elements; (n) Impose a reasonable charge for late payment of assessments and,after notice and hearing, Ievy reasonable fines or assessments provided for or allowed in the Community Declaration or Bylaws of the Community Association; (o) Keep and maintain full and accurate books and records showing all of the receipts, expenses,or disbursements of the Community Association; (p) Borrow funds in order to pay for any expenditure or outlay required pursuant to the authority granted by the provisions of the recorded Community Declaration and these Bylaws,and to execute all such instruments evidencing such indebtedness as the Executive Board may deem necessary and give security therefor; (q) Impose a reasonable charge for the preparation and recording of amendments to the Community Declaration, liens, or statements of unpaid assessments; (r) Provide for the indemnification of the Community Association's Officers and the Executive Board and maintain Directors'and Officers' liability insurance; (s) Procure and maintain adequate liability and hazard insurance on property owned by the Community Association and as further set forth in the Community Declaration; (t) Cause all Directors, Officers, employees or agents having fiscal responsibilities to be bonded or insured, as it may deem appropriate and in such amounts as it may deem appropriate. Such expense shall be a cost to the Association; (u) Declare the office of a member of the Executive Board to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Executive Board; (v) Exercise for the Community Association all powers, duties, rights and obligations in or delegated to the Community Association and not reserved to the membership by other provisions of these Bylaws, Articles or the Community Declaration; and (w) Exercise any other powers conferred by the Community Declaration or Bylaws. Page 15 of 22 Master Bylaws,FINAL.wpd 2202825 IIII lilt IIIII IIIII Iilllll III IIIIII III IIII 09/22/2005 12:UP I IIII i IIII I i Malloy Vanoe—Gallatin Co MT MISC 601.00 ARTICLE 9 OFFICERS AND THEIR DUTIES Section 9.1 Enumeration of Offices. The officers of this Community Association shall be a President, Vice-President, Secretary and Treasurer, and such other Officers as the Executive Board may from time to time create by resolution. The offices of Secretary and Treasurer may be held by the same person. Section 9.2 Appointment of Officers. The officers shall be appointed by the Executive Board at the Annual Meeting of each new Executive Board. The Officers shall hold office at the pleasure of the Executive Board. Section 9.3 SILecial Appointments. The Executive Board may appoint or elect such other officers as the affairs of the Community Association may require, each of whom shall hold office for such period,have such authority,and perform such duties as the Executive Board may,from time to time, determine. Section 9.4 Resignation and Removal. Any Officer may resign at any time by giving written notice to the Executive Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein. Acceptance of such resignation shall not be necessary to make it effective. Any Officer may be removed from office with cause by a majority of the Executive Board. Section 9.5 Vacancies. A vacancy in any office may be filled by appointment by the Executive Board by majority vote of the Board. The Officer appointed to such vacancy shall serve for the remainder of the term of the Officer he replaces. Section 9.6 Duties. The Duties of the Officers are as follows: (a) President. The president shall have all of the general powers and duties which are incident to the office ofpresident of a Montana nonprofit corporation. The president may cause to be prepared and may execute amendments, attested by the secretary, to the Community Declaration and these Bylaws on behalf of the Community Association, following authorization or approval of the particular amendment as applicable. (b) Vice President. The vice president shall take the place of the president and perform the president's duties whenever the president is absent or unable to act. If neither the president nor the vice president is able to act,the Executive Board shall appoint some other Director to act in the place of the president on an interim basis. The vice president shall also perform other duties imposed by the Executive Board or by the president. Page 16 of 22 Master Bylaws,FINAL.wpd Illlllllilllll III IIIII IIIII IIIII Illlif 11111111111111111 2207of 03 St1e11eV Vence-Gallatin Co MT MISC 801.00 (c) Secretary. The secretary, shall have charge to have kept or shall keep the minutes of all meetings of the Owners and proceedings of the Executive board. The secretary shall have charge of the Community Association's books and papers and shall perform all the duties incident to the office of secretary of a nonprofit corporation organized under the laws of the State of Montana. The secretary may cause to be prepared and may attest to execution by the president of amendments to the Community Declaration and the Bylaws on behalf of the Community Association, following authorization or approval of the particular amendment as applicable. (d) Treasurer. The treasurer shall be responsible for Community Association funds and for keeping full and accurate financial records and books of account showing all receipts and disbursements and for the preparation of all required financial data. This officer shall be responsible for the deposit of all monies and other valuable effects in depositories designated by the Executive Board and shall perform all the duties incident to the office of treasurer of a nonprofit corporation organized under the laws of the State of Montana. Section 9.7 Delegation. The duties of any officer may be delegated to the manager or another Executive Board member; provided, however, the officer shall not be relieved of any responsibility under these Bylaws or under Montana law. Section 9.8 Ageeements, Contracts, Deeds, Checks, Etc. Except as provided in these Bylaws, all agreements, contracts, deeds, leases, checks and other instruments of the Community Association shall be executed by any officer of the Community Association or by any other person or persons designated by the Executive Board, Section 9.9 Statements of Unpaid Assessments. The treasurer, assistant treasurer,a manager employed by the Community Association, if any, or, in their absence,any officer having access to the books and records of the Community Association may prepare, certify, and execute statements of unpaid assessments in accordance with applicable law. The Community Association may charge a reasonable fee for preparing statements of unpaid assessments and for collections. The amount of these fees and the time of payment shall be established by resolution of the Executive Board. Any unpaid fees may be assessed as a Common Expense against the Unit for which the certificate or statement is furnished. Section 9.10 Compensation. Compensation of officers shall be subject to the same limitations as imposed in these Bylaws on compensation of directors. Page 17 of 22 Master Bylaws,FINAL.wpd i2202825 IIIIII III 0Pave: 79 of 9//221200S 12300P 11111 III IIII 11111i1 111 111 illl IIIIIIII IIII I I Shelley Vence-Gallatin Co MT MISC "1.00 ARTICLE 10 COMMITTEES Section 10.1 Designated Committees. The Community Association may appoint committees as deemed appropriate in carrying out its purposes, subject to the Community Declaration. Committees shall have authority to act only to the extent designated in the Governing Documents or delegated by the Executive Board. ARTICLE 11 ENFORCEMENT Section l 1.1 Abatement and Enjoinment of Violations. The violation of any provision of the Governing Documents shall give the Executive Board the right,except in case of an emergency, in addition to any other rights set forth in these Bylaws to enjoin, abate or remedy by appropriate legal proceedings,either at law or in equity,the continuance of any breach. Section 11.2 Fines for Violation. By action of the Executive Board,following notice and hearing,the Executive Board may levy reasonable fines for a violation of the Governing Documents which persist after notice and hearing. ARTICLE 12 BOOKS AND RECORDS Section 12.1 Records. The Community Association or its manager or managing agent,if any, shall keep the following records: (a) An account for each Owner,which shall designate the name and address of each Owner, the amount of each common expense assessment, the dates on which each assessment comes due,any other fees payable by the Owner,the amounts paid on the account and the balance due; (b) An account for each Owner showing any other fees payable by the Owner; (c) The most recent regularly prepared balance sheet and income and expense statement, if any,of the Community Association ; (d) The current budgets; (e) A record of any unsatisfied judgments against the Community Association and the existence of any pending suits in which the Community Association is a defendant; (f) A record of insurance coverage provided for the benefit of Owners and the Community Association; (g) Tax returns for state and federal income taxation; Page 18 of 22 Master Bylaws,FINAL.wpd f f i 2202825 I IIIII)IIII�(III IIIII IIIII IIII(IIIIII I�I III I�II III Pass; 79 1 09122/2008 14a00P Shelley Vanoe-Oallatln Co MT MISC 801.00 (h) Minutes of proceedings of meetings of the Owners,Directors,committees of Directors and waivers of notice; and (i) A copy of the most current versions of the Community Declaration,Articles, Bylaws, and Resolutions of the Executive Board, along with their exhibits and schedules. Section 12.2 Examination. The books,records and papers of the Community Association (excepting any confidential and/or privileged book, records or papers) shall at all times, during normal business hours and after reasonable notice, be subject to inspection and copying by any Owner, at their expense, for any proper purpose, as set forth in a Records Policy duly adopted by the Executive Board of the Community Association and subject to applicable law on confidentiality and right to privacy. The Executive Board or the Manager shall determine reasonable fees for copying. ARTICLE 13 INDEMNIFICATION Section 13.1 Obligation to Indemnify. (a) The Association shall indemnify any person: (i) Who was or is a party, or is threatened to be made a party, to any threatened,pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Association); (ii) By reason of the fact that that person is or was a Director,Officer or committee member of the Association; (iii) Provided that the person is or was serving at the request of the Association in such capacity; (iv) But no indemnification shall be made with respect to any claim, issue or matter in any threatened,pending or completed action or suit where such person has been adjudged to be liable for gross negligence or gross misconduct in the performance of his or her duty to the Association, unless a court determines that,despite the adjudication of liability,but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnification for such expenses if such court deems proper. (b) The Association's obligation for indemnification shall include:(i)actual and reasonable expenses (including expert witness fees, attorneys' fees and costs); (ii) judgments and fines; and(iii)reasonable amounts paid in settlement. Page 19 of 22 Master Bylaws,FINAL.wpd 1111111111111111111111111111111111111111111111111111111 �z0?of sz5 69 22/2D 06 12.00P 9hallay Vanos-Gallatin Co MT MISC 601.00 (c) The Association shall indemnify when the person identified in subsection (a)of this Section: (i) acted in good faith; (ii) acted in a manner which such person reasonably believed to be in the best interests of the Association; (iii)with respect to any criminal action or proceeding,had no reasonable cause to believe the conduct was unlawful;and(iv)to the extent that such person has been wholly successful on the merits in defense of any action, suit or proceeding as described above, such person shall be indemnified against actual and reasonable expenses(including expert witness fees,attorneys' fees and costs)incurred in connection with such action,suit or proceeding. Section 13.2 Determination Required. The Board ofDirectors shall determine whether the person requesting indemnification has met the applicable standard of conduct set forth above. Such determination shall be made by the Board of Directors: (a) By majority vote of a quorum consisting of those members of the Board of Directors who were not parties to such action, suit or proceeding or; (b) By independent legal counsel in a written opinion if a majority of those members of the Board of Directors who were not parties to such action, suit or proceeding so directs, or; (c) By a vote of the members if a majority of those members of the Board of Directors who were not parties to such action, suit or proceeding so directs. (d) Determination of any action, suit or proceeding by judgment, order, settlement or conviction, or upon a plea of nolo conlendere or its equivalent, shall not of itself create a presumption that the person did not act in good faith and in a manner reasonably believed to be in the best interests of the Association and, with respect to any criminal action or proceeding, had reasonable cause to believe the conduct was unlawful. Section 13.3 Payment in Advance of Final Disposition. The Association shall pay for or reimburse the reasonable expenses as described above in advance of final disposition of the action, suit or proceeding if the person requesting indemnification provides the Board of Directors with: (a) A written affirmation of that person's good faith belief that he or she has met the standard of conduct described above and; (b) A written statement that such person shall repay the advance if it is ultimately determined that he or she did not meet the standard of conduct described above. Page 20 of 22 Master Bylaws,FINAL.wpd 1111111111111111111111111111111111111111111111111111111 2202825P Shelley Vanoo-Callatln Co MT MISC 801.00 Section 13.4 No Limitation of Rights. The indemnification provided in this Article shall not be deemed exclusive of nor a limitation upon any other rights to which those indemnified may be entitled under any bylaw,agreement,vote of the Owners or disinterested members of the Board of Directors, or otherwise,nor by any rights which are granted pursuant to Montana law, as those statutes may be amended from time to time. Section 13.5 Directors and Officers Insurance. The Association shall purchase and maintain insurance on behalf of any person who is or was a member of the Board of Directors, the manager,committee members,or anyone acting at the direction of the Board,covering defense and liability expenses arising out of any action,suit or proceeding asserted against such person by virtue of such person's actions on behalf of the Association or at the direction of the Board,whether or not the Association would have the power to indemnify such person against such liability under provisions of this Article. ARTICLE 14 MISCELLANEOUS Section 14.1 Notices to the Community Association. All notices to the Community Association or the Executive Board shall be delivered to the office of the manager,or,if there is no manager, to the office of the Community Association, or to such other address as the Executive Board may designate by written notice to all Owners. Section 14.2 Waiver. No restriction,condition,obligation or provision contained in these Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. ARTICLE 15 AMENDMENTS Section 15.1 Bylaw AmendmentsNote of the Delegates. These Bylaws may be amended only by the affirmative vote of at least a majority of Delegates at any regular or special meeting of Delegates, provided that a quorum is present at any such meeting. Notice of these Bylaws and any amendments may be recorded. Section 15.2 Restrictions on Amendments. No amendment of the Bylaws of this Community Association shall be adopted which would affect or impair the validity or priority of any Security Interest covering any Unit,or which would materially change the provisions of the Bylaws with respect to a first lien Security Interest or the interest of an institutional mortgagees of record. Additionally, these Bylaws may not be amended during the Period of Declarant Control without Declarant's prior written consent,which consent Declarant may withhold in its sole discretion. Page 21 of 22 Master Bylaws,F1NAL.wpd �IIIIIIlill(IIIIIIIII(IIIIIIlIIIIIIIIIIIIIIIIIIIIIIIII 22O2f W Sholley Vanoa•Callatln Co MT MISC 601,00 CERTIFICATION I,the undersigned, do hereby certify that I am the Secretary of the Baxter Meadows Master Community Association, Inc., a Montana nonprofit corporation, and that the foregoing Bylaws constitute the Bylaws of said Community Association as duly adopted by the Executive Board. Rebekah Williams, Secretary Page 22of 22 432FI067-1961-083A7D.wpd ..;� gloom . 19 ■`= �� ��. (will s ARMMimi' �/ F � -- - J,j'c<-C L �. S- .�I-uw- / k:r.'i::�i - ..1.:_" yf+.i.{.•'\K.. ol wig I! ON. � u - IS --------------------- milli QII . l im@' �aoreeievee i I 7 J-410 /I)!7-6/2 • OPr'C& Q2t E31AJAL. (f<<7 OF• F0ZEMAN 'p4.AtJ"iAl6-; 316�F lLT MEN'. 2a EA5%- OLr VE 6 7-4ZW7- Ix Na« DECLARATION co`_ NOR OF N-� NHS BAXTER MEADOWS CENTRAL A PLANNED COMMUNITY — o _ u C ■ �1 ■ u � Z g ■ f TABLE OF CONTENTS ARTICLE 1. Page SUBMISSION/DEFINED TERMS ..................................................... .................. .1- Section 1.1 Submission of Property .............................................................. -1- Section 1.2 Name and Tyne. .......................................................................... .2- Section1.3 Pro e ...................................................................................... .2- Section 1.4 Defined Terms ............................................................................ .2- ARTICLE 2. EASEMENTS ......................................................................................................... Section 2.1 Utility. Map and Plat Easements. ................................................ .4- Section 2.2 Owners'Easements of Enjoyment/AcknowIedgments ............... .4- Section 2.3 Drainage Easements .................................................................... .5- Section 2.4 Utilities ................................................................... . ................. .5- Section 2.5 Emergency Easements. ............................................................... .6- Section 2.6 Delegation of Use ....................................................................... .6- ARTICLE 3. THEASSOCIATION ......................................................................................................... .6- Section 3.1 Membership. ..................................... ............ ............. .6- Section 3.2 General Purposes and Powers of the Association. ...................... .6- Section 3.3 Authority of the Association. ...................................................... .7- Section 3.4 Association Agreements ............................................................. .7- Section 3.5 Bulk Service Agreements ........................................................... .7- Section 3.6 Allocated Interests ................................... ............. .7- Section 3.7 Duty to Accept Common Elements and Facilities Transferred byDeclarant ......................................................................... - Section 3.8 Power to Operate and Charge for Facilities and Services .......... .8- Section 3.9 Indemnification. .......................................................................... .8- Section 3.10 Security Disclaimer .................................................................... .8- Section 3.11 Education and Traininiz ............................................................... .9- Section 3.12 Declarant's Right to Appoint During Period of Declarant ControI9- ARTICLE 4. LOTS AND COMMON ELEMENTS .................................................................................... .9- Section 4.1 Number of Lots .......................................................................... .9- Section 4.2 Common Elements ...................................................................... .9- Section 4.3 Limited Common Elements ................... ....... .......... .10- Section 4.4 Initial Limited Common Element ............................................. .10- Section 4.5 Allocation of Expenses for Limited Common Elements .......... .10- � 7 I Illlll IIIII IIIII IIIII IIIII II III IIIII IIIIIIIIIIIIIIII Pass: of 70 12;00P Shallay vans-Gallatin Co MT MISC 490.00 } ARTICLE 5. MAINTENANCE ........................................................................................................ .10- Section 5.1 Association Responsibility ....................................................... .10- Section 5.2 Association Discretion. .............................................................. .10- Section5.3 Access ....................................................................................... .11- Section 5.4 Owner Maintenance ...................................................... .......... .11- Section5.5 Negligence ................................................................................ .12- ARTICLE 6. COVENANT FOR COMMON EXPENSE ASSESSMENTS .................................................. .12- Section 6.1 Creation of Association Lien and Personal Obligation to Pay Common Expense Assessments ................................................ .13- Section 6.2 Basis of Assessments ................................................................ .13- Section 6.3 Annual Assessment ................................................................... .13- Section 6.4 Special Assessments ................................................................. -13- Section 6.5 Commencement of Assessments ............................................... .14- Section 6.6 Effect of Non-Payment of Assessments ................................... .14- Section 6.7 Assignment of Rents ................................................................. .15- Section 6.8 Lien Priority .............................................................................. .15- Section 6.9 Working Fund .16- Section 6.10 Owner's Negligence or Misconduct .......................................... .16- Section 6.11 Supplemental Assessments .........................I....I........................ .16- Section6.12 Borrowing ................................................................................. .16- ARTICLE 7. RESTRICTIONS ON USE,ALIENATION AND OCCUPANCY ............................................ .17- Section 7.1 Use of Lots/Occupancy of Improvements on Lots ................... .17- Section 7.2 Design Approval Required/Architectural Review Committee . -17- Section 7.3 Landscaping Covenants and Restrictions ................................. .18- Section 7.4 Plat Restrictions ..............................:......................................... .18- Section 7.5 Lot Maintenance ................................:.....:................................ .18- Section 7.6 Fences and Privacy Walls. .............................................I...I...... .18- Section 7.7 Restrictions on Vehicles, Vehicular Parking. ................................. Storage and Repairs .................................................................. .18- Section 7.8 No Temporary Structures/Sheds ................................................ .20- Section 7.9 Roof Apparatus ......................................................................... .20- Section 7.10 No Wind Generators ................................................................. .20- Section 7.11 Clotheslines and Storm ........................................................... .20- Section 7.12 Restrictions on Animals and Pets ............................................. .20- Section 7.13 Restriction on Further Subdivision of Lots ............................... .21- Section7.14 Nuisances .................................................................................. .21- Section 7.15 Use of Common Elements ........................................................ .21- Section7.16 Antenna ............................... .................................................... .21- Section 7.17 No Unsightliness ....................................................................... .22- Section 7.18 Restriction on Sins s and Advertising Devices it I IIIII IIIII IIIII Illll IIIIII Iil.l.l..l.I.II..I.I..II..I..II.I.I.I.I.I..I... .22- 2202 ii 8 0 II II Shelley Vance-Oellatln Ca MT M1SC 490.00 Section 7.19 Restriction on Sale of a Lot ...................................................... .22- Section 7.20 No Restrictions on Mortaaginip,of a Lot ................................... .22- Section 7.21 Rules and Re ulag tions .............................................................. .22- Section 7.22 Declarant's Use ......................................................................... .22- Section 7.23 Use of the Words Baxter Meadows Central and Baxter Meadows Central Property Owners Association, Inc...................................23- ARTICLE 8. Architectural Review..........................................................................................23- Section 8.1 Required Approval ................................................................... .23- Section 8.2 Architectural Criteria ................................................................ .23- Section 8.3 Establishment of the Architectural Review Committee ........... .23- Section 8.4 Architectural Guidelines ........................................................... .24- Section 8.5 Reply and Communication ....................................................... .24- Section8.6 Variances .................................................................................. .24- Section 8.7 Right to Appeal ......................................................................... .24- Section8.8 Waivers ..................................................................................... .25- Section8.9 Liability ..................................................................................... .25- Section8.10 Records ..................................................................................... .25- Section8.11 Enforcement .............................................................................. .25- ARTICLE 9. DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS............................25- Section 9.1 Development Rights and Special Declarant Rights .................. .25- Section 9.2 Additional Reserved Rights ...................................................... .26- Section 9.3 Rights Transferrable/Rijzhts Transferred .................................. .27- Section 9.4 No Further Authorizations Needed ........................................... .27- Section 9.5 Amendment of the Declaration or Plat ..................................... .27- Section 9.6 Interpretation ............................................................................ .27- Section 9.7 Construction .............................................................................. .28- Section 9.8 Termination of Reserved Rights ............................................... .28- ARTICLE 10. INSURANCE/CONDEMNATION ............................................................... .28- Section 10.1 Insurance to be Carried by the Association .............................. .28- Section 10.2 Real Proper Insurance nsurance of Owners on their Homes ................ .28- Section 10.3 Liability Insurance of the Association ...................................... .28- Section 10.4 Fidelity Insurance of the Association ....................................... .28- Section 10.5 Workers Compensation of the Association ............................... .29- Section 10.6 Director and Officer Liability Insurance of the Association .... -29- Section 10.7 Other Insurance of the Association ........................................... .29- Section 10.8 Miscellaneous Terms Governing Insurance Carried by the Association...................................................................................29- Section 10.9 Insurance Premium .................................................................... .30- Section 10.10 Managing Agent Insurance ........................................................ .30- Section 10.11 Waiver of CIaims Against Association ...................................... .30- 2202827 1111111 Hill 111111111111111 hill 111111111 Hill 11111111 0page; 4 of 70 2112212005 11:00P Shelley Vanoa-Gallatin Cc MT MISC 490.00 Section 10.12 Adjustments by the Association ................................................ .30- Section10.13 Claims ........................................................................................ .31- Section 10.14 Insurance Assessments .............................................................. .31- Section 10.15 Association as Attorney-in-Fact ................................................ .31- ARTICLE 11. GENERAL PROVISIONS ..................................................................................... .32- Section 11.1 Compliance and Enforcement ................................................... .32- Section 11.2 Severability..... .......................................................................... .33- Section 11.3 Term of Declaration .................................................................. .34- Section 11.4 Amendment of Declaration,Map or Plat by Declarant ............ .34- Section 11.5 Amendment of Declaration by Owners .................................... .34- Section 11.6 Amendment Required by Mort as ee Agencies .......................... .34- Section 11.7 FHANA Approval .................................................................... .34- Section11.8 Captions .................................................................................... .35- Section 11.9 Interpretation ............................................................................. .35- Section 11.10 Singular Includes the Plural ...................................................... .35- EXHIBIT A DESCRIPTION OF PROPERTY ........................................................ . .37- EXHIBIT B PROPERTIES OWNED BY DECLARANT WHICH MAY BE ADDED TO THE DECLARATION ......................... ............... .38- EXHIBIT C OTHER PROPERTIES WHICH MAY BE ADDED TO THE DECLARATION ...................................................................... .39- EXHIBIT D INITIAL COMMON ELEMENTS ............................................................................... .40- EXHIBIT E INITIAL LIMITED COMMON ELEMENTS ............................................................. .41- iv IIIIII Illli IIIII Illli IIIII IIIIII IIIIII III IIIII Iill IIII 220 f 70 9ha11*Y Vanae—Gallatin Cc MT MISC 490.00 DECLARATION OF BAXTER MEADOWS CENTRAL (A PLANNED COMMUNITI9 THIS DECLARATION is made on the date hereinafter set forth by Baxter Meadows West LLC, a Montana limited liability company("Declarant"). RECITALS A. Declarant is the owner of certain real estate in the Gallatin County, State of Montana, which is more particularly described as set forth in Exhibit A attached hereto and by reference made a part hereof. B. Declarant desires to create a planned community on the real estate described in Exhibit A under the name of"Baxter Meadows Central," in which portions of the real estate described in Exhibit A will be designated for separate ownership and uses of a residential nature and in which portions of the real estate are to be owned by an owners' association. C. Declarant has caused the"Baxter Meadows Central Property Owners Association, Inc.," a Montana nonprofit corporation, to be incorporated under the laws of the State of Montana, as an owners'association,for the purpose of exercising the functions set forth in this Declaration. NOW, THEREFORE, Declarant declares and states as follows: ARTICLE 1. SUBMISSION/DEFINED TERMS Section 1.1 Submission of Property. The Declarant hereby submits the real estate described in Exhibit A and such additional real property as may be subsequently added,pursuant to the expansion rights reserved in this Declaration,together with and subject to all easements,rights, and appurtenances thereto and the buildings and improvements erected or to be erected thereon(collectively,the "Property"), and to the terms and conditions of this Declaration. This Community is not subject to M.C.A. 70-23- 101. Declarant hereby declares that all of the Property described in Exhibit A, and as added by expansion, shall be held or sold, and conveyed subject to the following easements, restrictions, covenants,and conditions. Declarant further declares that this Declaration is made for the purpose of protecting the value and desirability of the Property, that this Declaration shall run with the Property and shall be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, legal representatives, successors, and assigns and shall inure to the benefit of each Lot Owner thereof. Page 1 of 42 Central POA Declaration,FINAL.wpd �IIl�I II�I��I���IIIII II� I� Paw 6 of P 0 09/22/20 2•II ���li�I��I 06 1 .00P Shelley Vance-Gallatin Cc rrT MISC 400.00 Section 1.2 Name and Type, The type of common interest community is a Planned Community. The name of the Association is the"Baxter Meadows Central Property Owners Association, Inc." Section 1.3 Pro e . The Community is located in the Gallatin County, State of Montana. The initial Property of the Community is described in Exhibit A. The Community may be subject to easements or licenses granted pursuant to this Declaration, or granted by authority reserved in any recorded document or established or allowed for in the Act. Section 1.4 Defined Terms. Each capitalized term in this Declaration or in the Plat shall have the meaning specified or as used in the Act,unless otherwise defined in this Declaration: (a) "Architectural Review Committee" or"Committee"or"ARC"means the committee initially established by the Declarant for the purpose of implementing the architectural review provisions of this Declaration and architectural guidelines for the Community to insure proper use, appropriate improvement,and harmonious additions, alterations and improvements within the Community. (c) "Assessment"shall include all common expense assessments, insurance assessments, utility assessments,and any other expense levied to a Lot pursuant to this Declaration or the Act. (d) "Association" shall mean Baxter Meadows Central Property Owners Association, lnc., a Montana nonprofit corporation, and its successors. (e) "Common Elements" shall mean all real property owned by the Association for the common use and enjoyment of the Owners and such property as Declarant may convey to the Association. (fj "Common Expense"shall mean any expenditure made or a liability received by or on behalf of the Association, together with any allocations to reserves. (g) "Common Expense Assessment" shall mean the Assessment for allocation of Common Expenses among the Lots and Owners,as provided in this Declaration and'the Act. (h) "Community"shall mean the planned community known as "Baxter Meadows Central," and the real property subject to this Declaration and as further defined by the recorded plats and the legal descriptions contained therein, and the Members of the Association. (i) "Declarant" shall mean the Declarant named in this Declaration,and any successor and/or assignee designated by written notice or assignment executed by the Declarant designated in this Declaration and executed by the transferee and recorded, to the extent any rights or powers reserved to Declarant are transferred or assigned to that party. Page 2 of 42 Central POA Declaration,FINAL.wpd 12202827 111111111i 09;22/2M 12,00P 1111111111111111 11111111111 1111111111111111 Sh*118Y Venom-Gai latin Co M? MISC 490.00 1 (j) "Development"or"Special Declarant Rights" shall mean those rights set forth in this Declaration and those rights, if any, set forth in the Act. (k) "Executive Board,""Board" or"Board of Directors"shall mean the body, regardless of name,designated in this Declaration to act on behalf of the Association. (1) "Exhibit B" shall mean and refer to Exhibit B as attached to and incorporated in this Declaration, and as Exhibit B may be amended or supplemented, from time to time. (m) "Governing Documents" shall mean this Declaration, the Plat, any Map, the Articles of Incorporation, the Bylaws,and any Rules and Regulations of the Association, as all of the foregoing may be amended from time to time. (n) "Improvement(s)"shall mean structures installed within or upon a Lot. (o) "Limited Common Elements"shall mean those portions of the Common Elements, if any, designated by Declarant for the exclusive use of one or more but fewer than all of the Lots. (p) "Lot" or"Unit"shall be defined to enable these terms to be used interchangeably,as appropriate, and shall mean and refer to any plot of land shown upon any recorded subdivision Map or Plat of the Property with the exception of Common Elements, if any. (q) "Map" shall mean and refer a recorded map(s)of the Property and Improvements that are subject to this Declaration. More than one map or supplement thereto may be recorded,and, if so, then the term"Map"shall collectively mean and refer to all maps and supplements thereto. (r) "Master Declaration"shall mean the Community Declaration for Baxter Meadows Master Community. (s) "Member" shall mean and refer to those persons entitled to membership as provided in the Bylaws and as set forth in this Declaration. (t) "Owner"shall mean any person or entity that owns a Lot. (u) "Pet"shall mean and include cats, dogs,birds,reptiles or other household animals, as may be further defined in or supplemented by the Rules and Regulations. (v) "Period of Declarant Control'shall mean the period of time commencing on the date of recordation of this Declaration and expiring on the earlier of seven years thereafter, 60 days after conveyance of 75%of the Lots that may be made subject to this Declaration, after conveyance of those Lots to Owners other than Declarant, two years after the last conveyance of a Lot by the Declarant in the ordinary course of business or two years after any right to annex property was last exercised;provided, however,that if the Period of Declarant Control has not Page 3 of 42 Central POA Declaration,F1NAL.wpd I Illlli lull lull lilt!IIIII Illlll IIIIII III lull llll Illl 220 f 70 $halley Vence-Gallatin Co MT MISC 490.00 terminated pursuant to the foregoing provisions, the Period of Declarant Control shall in any case terminate on the date upon which all property subject to annexation to the Community has become a part of the Community and the last Lot within the Community has been conveyed by the Declarant. (w) "Plat"shall mean and refer to the plat(s)of the Property and Improvements that are subject to this Declaration. More than one Plat or supplement thereto may be recorded,and, if so,then the term"Plat'shall collectively mean and refer to all plats and supplements thereto. (x) "Property"or"Real Estate" shall mean the property described in this Declaration together with all easements, rights,and appurtenances thereto and the buildings and Improvements erected or to be erected thereon. (y) "Rules and Regulations" shall mean any instruments,however denominated, which are adopted by the Association for the regulation and management of the Community,including architectural guidelines, and including any amendment to those instruments. ARTICLE 2. EASEMENTS Section 2.1 Utility, Map and Plat Easements. Easements for utilities and other purposes over and across the Lots and Common Elements may be as shown upon the recorded Plats of the Community,and as may be established pursuant to the provisions of this Declaration, or granted by or under the authority reserved in any recorded document. Section 2.2 Owners'Easements of Enjoyment/Acknowledgments. (a) Every Owner shall have a right and easement access to their Lot and of enjoyment in and to any Common Elements and such easement shall be appurtenant to and shall pass with the title to every Lot,subject to the following provisions: (1) the Development and Special Declarant Rights of the Declarant reserved in this Declaration; (ii) the right of the Association to promulgate and publish Rules and Regulations with which each Owner and their tenants, invitees, licensees and guests shall strictly comply; (iii) the right of the Association to close or limit the use of the Common Elements while maintaining,repairing and making replacements in the Common Elements, and the right of the Association to close or limit the use of any Common Elements; Page 4 of 42 Central POA Declaration,FINAL.wpd IIIINilllllllllllllllIIIIIIIIIIIil I 2202827 III I i IIIII IIII IIII 09/22/2005 12:OOP Shelley Vince-Gallatin Cc MT RISC 490.00 (iv) the right of the Association to suspend the voting rights and, after notice and the opportunity for a hearing, the right to use of any Common Elements, for a period not to exceed 60 days or during any period of violation of any other provision of the Governing Documents,whichever is greater; (v) the right of the Association,upon approval of at least 67% of the total Association vote, to mortgage the Common Elements as security for that purpose,provided, that the rights of such mortgage shall be subordinate to the rights of the homeowners; (vi) the right,power and authority of the Association to grant any easement, right-of-way, license, lease, dedication or similar interest through, over or in the Common Elements; (vii) the right of the Association to transfer or convey ownership of the Common Elements, or any portion thereof, subject to the prior approval of 67% of the total Association vote; (viii) the right of the Association to change use of,add or remove improvements to the Common Elements. Section 2.3 Drainage Easements. An easement is hereby granted to the Association and Declarant and local government,their officers, agents,employees, successors and assigns to enter upon,across, over,in and under any portion of the Property subject to this Declaration for the purpose of changing, correcting or otherwise modifying the grade of the Property, the Lots or drainage channels so as to improve the drainage of water. Said easements shall be deemed to also include easements for the collection of storm water runoff. Every Lot and the Common Elements shall be burdened with easements for natural drainage of storm water runoff from other portions of the Property; provided, no Person shall alter the natural drainage on any Lot so as to materially increase the drainage of water onto adjacent portions of the Property or any Lot without the consent of the Owner of the affected property. Any damage to any Improvement caused by Declarant or the Association in exercising its rights under this Section will be repaired promptly by the entity causing the damage. The foregoing, however, shall not be deemed to render the Association or Declarant liable for any damage caused by any third party, including,without limitation,any utility company. Section 2.4 Utilities. Declarant hereby creates and reserves to the Association, a blanket easement upon, across, over and under the Association for access,utilities, drainage and the installation,replacement,repair and maintenance of utilities, including but not limited to water, sewer,waste water treatment,effluent irrigation systems, gas, telephone, electricity and master television antenna or cable systems, if any;provided, however, such easement shall not encumber or affect any portion of the Real Estate that is anticipated to be improved,or that has been improved,with a residence, improvement or any related structure, such as a patio or garage. By virtue of this blanket easement, it shall be expressly permissible for the Association to erect and maintain the necessary facilities, equipment and appurtenances on the Property and to affix, repair,and maintain Page 5 of 42 Central POA Declaration,FINAL.wpd IIII IIIIIIIIIIIIIIIIIIEIIIilllllllllllllllllllllllll ?x�2827p !I I Shelley Vanoe-Gallatin Co MT MISC 490.00 i landscaping, fencing, water,treated waste water, effluent irrigation and sewer pipes,gas, electric, telephone and television wires, circuits, conduits and meters, and such other improvements or facilities. If any utility or quasi-utility company furnishing a service covered by the general easement created in this Section requests a specific easement,a separate right and authority to grant such easement upon, across, over or under any part or all of the Property is reserved,provided the easement granted does not conflict with the terms hereof. The easement provided for in this Section shall in no way affect, avoid, extinguish or modify any other recorded easement on the Property. Any damage to any improvement caused by Declarant or the Association in exercising its rights under this Section will be repaired promptly by the entity causing the damage. The foregoing, however, shall not be deemed to render the Association or Declarant liable for any damage caused by any third party, including,without limitation, any utility company. Section 2.5 Emergency Easements. A nonexclusive easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons,now or hereafter servicing the Community,to enter upon any part of the Community in the performance of their duties. Section 2.6 Delegation of Use. Any Member may delegate, in accordance with the Bylaws and Rules and Regulations adopted by the Executive Board,his right of enjoyment to the Common Elements to the members of his family,his tenants,or contract purchasers who reside on the Property. If the Owner delegates rights to use the Common Elements and facilities to tenants or contract purchasers who reside on the Property, the Owner shall not be entitled to use the Common Elements and facilities. ARTICLE 3. THE ASSOCIATION Section 3.1 Membership. Every person who is a record Lot Owner of a fee interest in any Lot which is subject to this Declaration shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership of such Lot shall be the sole qualification for such membership. Where more than one person holds an interest in any Lot,all such persons shall be Members. Section 3.2 General Purposes and Powers of the Association. The Association, through its Executive Board, shall perform functions and manage the Community as provided in this Declaration so as to protect the value and desirability of the Community and the Lots and to further the interests of the residents, occupants,tenants and guests of the Community and members of the Association. Any purchaser of a Lot shall be deemed to have assented to,ratified and approved such designation and management. The Association shall have all power necessary or desirable to effectuate such purposes. Page 6 of 42 Central POA Declaration,FINAL.wpd 1�1IIII 220282' 111111111111 1111111111111111111i1 ,Illll,ll��I,II of 0912212009 TO 12000P 9h�llay vanes-Gallatin Cc MT M16C 490.00 Section 3.3 Authority of the Association. The business affairs of the Community shall be managed by the Association. The Association shall be governed by this Declaration, the Map, its Articles of Incorporation and Bylaws, and any Rules and Regulations adopted by the Executive Board. All corporate or other powers of the Association,unless otherwise specified or expressly reserved to the Members in the Governing Documents, shall be exercised by or under the authority of the Executive Board, and the business and affairs of the Association shall be managed under the direction of the Executive Board. The Executive Board may,by written resolution, delegate authority to a manager or managing agent for the Association,provided no such delegation shall relieve the Board of final responsibility. The Association may exercise any right or privilege expressly granted to the Association in the Governing Documents, and every other right or privilege reasonably implied from the existence of any right or privilege given to the Association under the Governing Documents or reasonably necessary to effect any such right or privilege. The Association shall perform all of the duties and obligations expressly imposed upon it by the Governing Documents, and every other duty or obligation implied by the express provisions of the Governing Documents or necessary to reasonably satisfy any such duty or obligation. Section 3.4 Association Agreements. Any agreement for professional management of the Community must provide for termination by either party with or without cause and without payment of a termination fee or penalty upon 30 days written notice. The Association shall not be bound either directly or indirectly to contracts or leases(including management contracts)entered into during the Declarant Control period unless the Association is provided with a right of termination of any such contract or lease without cause,which is exercisable without penalty at any time after the turnover date upon not more than 30 days'notice to the other party thereto. Section 3.5 Bulk Service Agreements. The Association shall have the power and authority to enter into bulk service agreements for such terms and rates as it deems appropriate in order to provide the Owners with any of the following services: cable television, community satellite television, electronic entertainment, information or communication services, trash removal or any other service the Association believes to be in the best interests of the Owners. If such a bulk service agreement is executed, the costs shall be allocated a Common Expense of the Association. Section 3.6 Allocated Interests. (a) Common Expense liability and votes in the Association allocated to Lots are as follows: (i) The percentage of liability for Common Expenses, on an equal basis between each Lot in the Community; (ii) The percentage of liability for expenses related to a Limited Common Element, shall be allocated on an equal basis to those to whom the Limited Common Element is assigned. Page 7 of 42 Central POA Declaration,FINAL.wpd 11111111111111111111111111111111111111111111111111111111 2202of 70 Shelley vanoa-Gallatin Co MT MISC 490.00 (b) If Lots are added to the Community,pursuant to the provisions of this Declaration, the formulas set forth above, or then in use, shall be used to reallocate the Allocated Interests. (c) Declarant reserves the right to change the above formulas for allocation of the Allocated Interests,based on possible future annexations to the property. Section 3.7 Duty to Accept Common Elements and Facilities Transferred by Declarant. The Association shall accept any Common Elements or property, including any Improvements thereon, and personal property transferred to the Association by Declarant and equipment related thereto, together with the responsibility to perform any and all functions associated therewith,provided that such property and functions are not inconsistent with the terms of this Declaration. Any property or interest in property transferred to the Association by Declarant shall, except to the extent otherwise specifically approved by resolution of the Executive Board,be transferred to the Association free and clear of all liens (other than the lien of property taxes and Assessments not then due and payable),but shall be subject to the terms of this Declaration and any Supplemental Declaration applicable thereto. Section 3.8 Power to Operate and Charge for Facilities and Services. The Association shall have the power to acquire, create, own and operate any and all such facilities and services as it deems appropriate, including,without limitation, landscape maintenance and refuse collection, or any other similar or dissimilar function, and to establish charges for the use of facilities and services. The charges may include admission, rental or other fees and charges for any use of property, facilities or services of the Association. Such charges or fees shall be as determined from time to time by the Executive Board. Section 3.9 Indemnification. To the full extent permitted by law, each officer, director, committee member or volunteer of the Association shall be and hereby are indemnified by the Owners and the Association against all expenses and liabilities including attorney fees,reasonably incurred by or imposed upon them in any proceeding to which they may be a party,or in which they may become involved,by reason of being or having been an officer, director, committee member or volunteer of the Association, or any settlements thereof,whether or not they are an officer, director,committee member or volunteer at the time such expenses are incurred; except in such cases wherein such officer, director, committee member or volunteer is adjudged guilty of breaching his or her duty of care in the performance of his or her duties. Section 3.10 Security Disclaimer. The Association may, but shall not be required to, from time to time,provide measures or take actions which directly or indirectly improve security in the Community; however,each Owner, for himself or herself and his or her tenants, guests, licensees and invitees, acknowledges and agrees that the Association is not a provider of security and shall have no duty to provide security in the Community. Furthermore, the Association does not guarantee that non-residents will not gain access to Page 8 of 42 Central POA Declaration,ll FINAL..wpd Z203 of 7 ? I P ll II `` II l I�I�IIII�I�IIII4II� �� 09122/2005 1 Shelley Vanoa-Gallatin Co MT MISC 490.00 the Community and commit criminal acts in the Community, nor does the Association guarantee that criminal acts in the Community will not be committed by residents. It shall be the responsibility of each Owner to protect his or her person and property and all responsibility to provide such security shall lie solely with each Owner. The Association shall not be held liable for any loss or damage by reason of failure to provide security or the ineffectiveness of measures taken. Section 3.11 Education and Training. As a Common Expense,the Association may provide education and training opportunities for Owners,residents and occupants, including providing funding and permitting facilities use for such purposes. The Association may provide education and training activities as a tool for fostering Owner, resident and occupant awareness of governance, operations and concerns of the Community and of the Association. Appropriate educational topics include dispute or conflict resolution, issues involving the Governing Documents, and education or topics benefitting or contributing to operation or governance of the Community. The Association may also fund and support education and training for officers and directors. Section 3.12 Declarant's Right to Appoint During Period of Declarant Control. The Declarant shall have the reserved power to appoint and remove officers and members of the Board as allowed under this Declaration and more particularly provided for in the Bylaws,based on the total number of Lots that may be created within the Community pursuant to this Declaration. The Declarant may voluntarily surrender any or all of the foregoing rights to appoint and remove officers and members of the Board before termination of the Period of Declarant Control. In that event, the Declarant may require, for the duration of the Period of Declarant Control,that specified actions of the Board, as described in a recorded instrument executed by the Declarant,be approved by the Declarant before they become effective. ARTICLE 4. LOTS AND COMMON ELEMENTS Section 4.1 Number of Lots. The number of Lots initially included in the Community is (172). Declarant has the reserved right to create and add additional Lots up to a total of two hundred and twenty(250)Lots or such larger number as allowed on the Real Estate by local government,whichever is greater. Section 4.2 Common Elements. The property described in Exhibit D and any improvements thereon are the initial Common Elements to be deeded by the Declarant to the Association. Portions of any Common Elements may be subsequently designated by Declarant as a part of a Lot. The improvements on the Common Elements may be changed from time to time by the Executive Board of the Association. Portions of the Common Elements may be designated by Declarant as a part of a Lot or as a Limited Common Page 9 of 42 Central POA Declaration,FTVAL.wpd (IIIII IIIII IIl��IIIII IIIII IIIII IIII� III III�I�III(III 2202�27 Shelley Vence-Geli*Un Co MT MJ9C 490.00 Element to a Lot or Lots. Portions of Lots not yet conveyed by Declarant to a third party Owner may become Common Elements or Limited Common Elements, pursuant to rights reserved elsewhere in this Declaration. Portions of Lots may become Common Elements, pursuant to rights reserved elsewhere in this Declaration. Section 4.3 Limited Common Elements. The Declarant reserves,for itself, through seven years after the recording of this Declaration,the right to allocate areas of the Community as Limited Common Elements,for the exclusive use of the owners of Lots to which those specified areas shall become appurtenant. The Declarant may allocate or assign Common Elements or Limited Common Element areas (1)by malting such an allocation in a recorded instrument, or(2) in the deed to the Lot to which such Limited Common Element shall be appurtenant, or(3)by recording an appropriate amendment or supplement to this Declaration, or(4)by recording a supplement to the Plat or by recording a map. Such allocations by the Declarant may be made as a matter of reserved right. Section 4.4 Initial Limited Common Elements. The property described in Exhibit E are the initial Limited Common Elements, the exclusive use of which is assigned to the Lots indicated on Exhibit F. The Declarant reserves the right to assign rights to use to any Limited Common Element to additional Lots and reserves the right to assign additional Limited Common Elements. Section 4.5 Allocation of Expenses for Limited Common Elements. In the event a Common Expense is associated with the maintenance,repair or replacement of a Limited Common Element, those Common Expenses shall be assessed equally against the Lots to which the Limited Common Element is assigned. , ARTICLE S. MAINTENANCE Section 5.1 Association Responsibility. The Association shall repair, replace, improve and maintain the Common Elements(including perimeter fencing and other fences designated as Common Elements on the Map)and all improvements located thereon including without limitation any common landscaping, common sprinkler system, common private roadways or common driveways(excluding driveways that serve two, three or four Lots, as shown on the Plat), any common light fixtures, common sidewalks and common pathways,unless any of the foregoing are maintained by the Baxter Meadows Community Association. Section 5.2 Association Discretion. The Association shall, in its sole discretion, assume the obligation for repair or maintenance of other exterior features not expressly included in this Declaration. The Association shall, in its sole discretion, ascertain whether the maintenance obligation is the duty of the Association and is necessary. The Association, in its sole discretion, shall determine the time and manner in which such maintenance shall be performed as well as the color or type of materials used. Page 10 of 42 Central POA Declaration,FINAL.wpd 2202827 IPage; 15 IIIIII Illll IIIII(IIII IIIII IIIIII IIIIII III IIIIII III IIII of 09122/2009 12000P Shg11aY Vance—"lletln Ca MT MISC 490.00 Section 5.3 Access. For the purpose of performing the maintenance referred to in this Article, and inspections related thereto,the Executive Board, through its duly authorized agents, contractors, employees or the Architectural Review Committee, shall have the right, after reasonable notice to the Owner or occupants thereof and during regular business hours, to enter upon any Lot and improvements thereon, and such entry shall not deemed a trespass. In emergency situations,the Executive Board or its agents, contractors or employees, may enter without notice at any time,but the Owner or other occupants thereof shall be notified as soon as reasonably possible thereafter. In performing repairs or maintenance authorized under this Article,the Association shall not be liable for any loss, cost or damage caused by its actions,except on account of its willful misconduct. Section 5.4 Owner Maintenance. (a) Each Owner shall have the obligation to maintain,repair and replace all portions of the Owner's Lot and the Limited Common Elements appurtenant thereto. Such maintenance shall include,but not be limited to the following: (i) all paint, repair, replace,maintain and care for roofs, gutters, downspouts, fences,patios, decks,balconies, railings and exterior building surfaces on each Lot. An Owner shall not paint or change the appearance of the exterior of his home without the prior written consent of the Architectural Review Committee and the DRB; (ii) Owners shall be responsible for maintaining water and electricity to any automatic sprinkler systems, timers,clocks or related equipment, as located in or on their Lot; (iii) all glass surfaces,windows,window frames, casings and locks (provided,however, no changes that affect the exterior appearance of the windows may be made unless prior written approval is obtained from the Architectural Review Committee and the DRB; (vi) any lights, exterior light fixtures and exterior light bulbs appurtenant to a Lot; (vii) any patio,balcony, yard or deck enclosure,and any fence or wall enclosing a patio,balcony,yard or deck; (viii) all utilities, fixtures and equipment servicing a Lot, commencing at a point where the utility lines,pipes, wires, conduits or systems serving such Lot connects with a main line shall be maintained and kept in repair by the Owner thereof; all utility meters or other apparatus serving only their home; and communications,television, telephone and electrical lines,receptacles and boxes serving their home; Page I 1 of 42 Central POA Declaration,FINAL.wpd Iillll IIIII IIIII IIIII IIIII illlll(IIIII III(IIIII III(III �ze2827 Shelley Vana"allatin Cc MT MiSC 490.00 111�111111111111111 I ? �2827 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 091221200D 0P III 12.0 Shelley Vince-Gallatin Cc MT RISC 480,00 (ix) any Association approved additions or alterations made by the Owner to the Lots or Limited Common Elements. (b) Owners that share a driveway(as shown on the Plat)shall jointly have the obligation to maintain, repair and replace all portions of that shared driveway in equal proportions. If a shared driveway requires maintenance,repair,replacement or improvement, as reasonably determined by any Owner with a right to use that shared driveway, then, that Owner may maintain,repair, replace and/or improve the shared driveway, and if the other Owners thereafter make use of the driveway,they shall contribute to the costs in equal proportions without prejudice,however, subject to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. An Owner who by his negligent or willful act causes a shared driveway to be exposed, or to be damaged or require repair, shall bear the whole cost of repair. In the event of any dispute arising concerning a shared driveway,or under the provisions of this section of the Declaration,the parties shall first submit the dispute to mediation before pursuing enforcement options as provided for in this Declaration. If the dispute cannot be resolved through mediation,the parties may pursue the dispute in arbitration or through a legal proceeding before a court as provided in other portions of this Declaration. (c) An Owner shall do no act nor any work that will impair any easement or utility service,nor do any act or allow any conditions to exist which will adversely affect the use and enjoyment of the other Lots or the provision of utility services to such Lots. (d) No Owner shall, in whole or in part, change the landscaping or drainage pattern adjacent to his Lot by the addition or removal of any items thereon without the prior written consent of the Architectural Review Committee. (e) If an Owner fails to fulfill his responsibilities under this Section,the Board may, at its option,take such action as it deems appropriate, including without limitation performing the Owner's obligations, after 10 days notice to such Owner, except in emergencies, and any costs resulting therefrom shall be an Assessment against such Owner and his Lot. Section 5.5 Negligence . In the event that the need for maintenance or repair of the Common Elements or any portion of the Property is caused through the willful or negligent act of the Owner, his family,guests, tenants, or invitees,then the cost of such maintenance or repairs shall be the personal obligation of such Owner, and if not repaid to the Association within 10 days after the Association shall have given notice to the Owner of such expenses, costs and fees,then failure to so repay shall be a default by the Owner under the provisions of this Declaration, and such expenses, costs and fees shall automatically become an Assessment determined and levied against such Lot, and the Association may proceed in accordance with the applicable provisions of this Declaration to collect the Assessment. Page 12 of 42 Central POA Declaration,FINAL.wpd i IIIIII III 2L�rJ2�27 IIIIIIIIIIIII III IIIII I llllll II 0970 Ili� III /2212006 1 IIIIIII 4.09P Shelley Vance—Gallatin Cc PIT RISC 490.00 ARTICLE 6. COVENANT FOR COMMON EXPENSE ASSESSMENTS Section 6.1 Creation of Association Lien and Personal Obligation to Pay Common Expense Assessments. Declarant, for each Lot, shall be deemed to covenant and agree, and each Owner,by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association annual Common Expense Assessments, insurance Assessments,and such other Assessments as imposed by the Association. Such Assessments, including fees, charges, late charges, attorney fees,fines and interest charged by the Association shall be the personal obligation of the Owner of such Lot at the time when the Assessment or other charges became or fell due. The Association annual Common Expense Assessments and such other Assessments as imposed by the Association, including fees, charges, late charges, attorney fees, fines and interest charged by the Association, shall be a charge on each Lot and shall be a continuing lien upon the Lot against which each such Assessment or charge is made. If any Assessment is payable in installments, the full amount of the Assessment is a lien from the time the first installment becomes due. The personal obligation to pay any past due sums owed to the Association shall not pass to a successor in title unless expressly assumed by them. No Owner may become exempt from liability for payment of the Common Expense Assessments by waiver of the use or enjoyment of the Common Elements or by abandonment of the Lot against which the Common Expense Assessments are made. All Assessments shall be payable in the amounts specified in the levy thereof, and no offsets or reduction thereof shall be permitted by any reason including, without limitation, any claim that the Association or the Executive Board is not properly exercising its duties and powers under this Declaration. Except as provided in this Declaration, all Common Expense Assessments shall be assessed against all Lots equally. Section 6.2 Basis of Assessments. The Common Expense Assessment may be made on an annual basis against all Lots and shall be based upon the Association's advance budget of the cash requirements needed by it to provide for the administration and performance of its duties during such Assessment year. Section 6.3 Annual Assessment. The budget for annual Assessments may be submitted to the Lot Owners for ratification and as set forth in the Bylaws,as the Bylaws may be amended from time to time. If submitted,the budget may be vetoed by votes of Owners representing a majority of the total Association vote. Assessments for Common Expenses shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Executive Board. The omission or failure of the Executive Board to levy the Assessment for any period shall not be deemed a waiver, modification or a release of the Lot Owners from their obligation to pay. Section 6.4 Special Assessments. In addition to other authorized Assessments, the Association may levy Special Assessments from time to time to cover previously unbudgeted expenses or expenses in excess of those budgeted, including,without limitation, the costs of any construction,restoration, or unbudgeted repairs or replacements of capital improvements that are not covered by the general reserve fund. The proposed Page 13 of 42 Central POA Declaration,FINAL.wpd I IIIIII III II II IIIII IIIII IIIIII IIIIII III IIIIiI III illl 2209 a 70 Shelley Vance-Gallatin Cc MT MISC 400.00 Special Assessment shall be submitted to the Lot Owners for ratification and as set forth in the Bylaws, as the Bylaws may be amended from time to time. The proposed Special Assessment may be vetoed by a majority of the total Association vote. A proposed Special Assessment will be ratified unless Owners representing more than a majority of the votes allocated to the Lots that will be subject to the special Assessment vote, either in person or by proxy, to reject the Special Assessment at a meeting called for such purpose. Special Assessments may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. The Board shall have the right to require that Special Assessments be paid in advance of the provision of the subject services or materials. Section 6.5 Commencement of Assessments. The obligation to pay Assessments against fewer than all of the Lots as provided for in this Declaration shall commence as to each Lot upon conveyance of Property to first Owner. on the first day of the month following the later of. (a)the month in which the Lot is made subject to this Declaration or (b) the month in which the Association first establishes and ratifies a budget and levies Assessments pursuant to this Declaration. The first annual Common Expense Assessment levied on each Lot, whether levied at partial or full rate as provided in this Declaration, shall be prorated according to the number of months remaining in the fiscal year at the time Assessments commence on the Lot. The omission or failure of the Executive Board to levy the Assessment for any period shall not be deemed a waiver,modification or a release of the Owners from their obligation to pay. Section 6.6 Effect of Non-Payment of Assessments. Any Assessment, charge or fee provided for in this Declaration,or any monthly or other installment thereof, which is not fully paid within 10 days after the due date thereof, as established by the Executive Board, shall bear interest at the rate established by the Executive Board,on a per annum basis from the due date, and the Association may assess a reasonable late charge thereon as determined by the Executive Board. Failure to make payment within 10 days of the due date thereof shall cause the total amount of such Owner's Common Expense Assessment for the remainder of that fiscal year to become immediately due and payable at the option of the Board. Further, the Association may bring an action at law or in equity,or both, against any Owner personally obligated to pay such overdue Assessments, charges or fees, or monthly or other installments thereof,and may also proceed to foreclose its lien against such Owner's Lot. An action at law or in equity by the Association against an Owner to recover a money judgment for unpaid Assessments, charges or fees,or monthly or other installments thereof, may be commenced and pursued by the Association without foreclosing, or in any way waiving,the Association's lien therefor. Foreclosure or attempted foreclosure by the Association of its lien shall not be deemed to estop or otherwise preclude the Association from thereafter again foreclosing or attempting to foreclose its lien for any subsequent Assessment, charges or fees,or monthly or other installments thereof, which are not fully paid when due. The Association shall have the power and right to bid on or purchase any Lot at foreclosure or other legal sale, and to acquire and hold, lease,mortgage,vote the Association votes appurtenant to ownership thereof, convey or otherwise deal with the same. If a foreclosure action is filed to foreclose any Assessment lien, and an Owner abandons or leaves vacant his or her Lot, the Board Page 14 of 42 Central POA Declaration,F1NAL.wpd 2202827 IIIIII llllill1111111 IIIIII IIIIIIIIII 091nrsm05 12 00a II IIIIII III Iilll 1 Shelley Vanoa-Gallatin Co M7 M1SC 400.00 may take possession and rent said Lot or apply for the appointment of a receiver for the Lot without prior notice to the Owner. The rights of the Association shall be expressly subordinate to the rights of any holder of a first lien security interest as set forth in its deed of trust or mortgage(including any assignment of rents),to the extent permitted under the Act. Section 6.7 AssiQmnent of Rents. If a Lot is rented by its Owner, the rent is hereby pledged and assigned to the Association as security for the payment of all Assessments due by that Owner to the Association. If the Assessments owed by the Owner of a rented Lot are more than 30 days delinquent,the Board may collect, and the occupant or lessee shall pay to the Board,the rent for any Lot owned by the delinquent Owner,or that portion of the rent equal to the amount due to the Association;provided, however, the lessee need not make such payments to the Association in excess of or prior to the due date for monthly rental payments unpaid at the time of the Board's request. The Association shall send notice to the Owner by any reasonable means at least 10 days prior to initiating the collection of rent from the Owner's occupant or lessee. The occupant and/or lessee shall not have the right to question the Board's demand for payment. Payment by the occupant or lessee to the Association will satisfy and discharge the occupant or lessee's duty of payment to the Owner for rent, to the extent of the amount paid to the Association. No demand or acceptance of rent under this Section shall be deemed to be a consent or approval of the Lot rental or a waiver of the Owner's obligations as provided in the Declaration. The Board shall not exercise this power where a receiver has been appointed with respect to a Lot or Owner; nor in derogation of the exercise of any rights to rents by a the holder of a first lien security interest of a Lot. If an occupant or lessee fails or refuses to pay rent to the Association as provided for in this Section,the Association shall have the right to bring an action for unlawful detainer for non-payment of rent under Montana statutes, and the costs and attorney's fees incurred by the Association in connection with that action shall be collectable from the occupant or lessee in that action, and from the Owner of the Lot in the same manner as any other Assessment under this Declaration. Section 6.8 Lien Priority. The lien of the Association under this Section is prior to all other liens and encumbrances on a Lot except: (1)liens and encumbrances recorded before the recordation of the Declaration; (2)a first lien security interest on the Lot(except as may be allowed by the Act with regard to a limited lien priority allowed to the Association); and(3) liens for real estate taxes and other governmental assessments or charges against the Lot. This Section does not affect the priority of mechanics'or materialmen's liens. The lien of the Association under this Article is not subject to the provision of any homestead exemption as allowed under state or federal law. Sale or transfer of any Lot shall not affect the Iien for said Assessments or charges except that sale or transfer of any Lot pursuant to foreclosure of any first lien security interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure,or cancellation or forfeiture shall only extinguish the lien of Assessment charges as provided by applicable state law. No such sale,transfer, foreclosure,or any proceeding in lieu thereof,including deed in lieu of foreclosure,nor cancellation or forfeiture shall relieve any Lot from continuing liability for any Assessment charges thereafter becoming due,nor from the lien thereof. Page 15 of 42 Central POA Declaration,FINAL.wpd IIIIIII I Paw 21 of 70 2202827 Ililllllfllll II II (I Ifif 11 IIIIII ili IIIIII II IIII 091 22/2009 12.00P Shelley Vance-Callatln Ca MT MISC 420.00 Section 6.9 Working Fes. The Association shall require every Owner of a Lot (other than Declarant)to make a non-refundable payment to the Association in an amount equal to three months of the annual Common Expense Assessment against that Lot in effect at the closing thereof,which sum shall be held,without interest, by the Association as a working fund. Said working fund shall be collected and transferred to the Association at the time of closing of the initial sale by Declarant of each Lot, as aforesaid,and shall be for the use and benefit of the Association. Such payment shall not relieve an Owner from making regular payments of Assessments as the same become due. Section 6.10 Owner's Negligence or Misconduct. In the event that the need for maintenance, repair, or replacement of the Common Elements, or any portion thereof, is caused through or by the negligent or willful act or omission or misconduct of an Owner, or the Owner's agents, employees, guests, customers, or invitees, then the expenses, costs, and fees incurred by the Association for such maintenance,repair,or replacement shall be a personal obligation of such Owner. If such expenses, costs and fees incurred by the Association are not repaid to the Association within seven days after the Association shall have given notice to the Owner of such expenses, costs,and fees, then the failure to so repay shall be a default by the Owner under the provisions of this Declaration. Such expenses, costs, and fees shall automatically become a default Assessment determined and levied against such Lot, and the Association may proceed in accordance with the applicable provisions of this Declaration. Section 6.11 Supplemental Assessments. The Association shall have the right to add to any Owner's Assessment as provided in this Article the following: (a) those amounts expended by the Association for the benefit of any individual Lot or any occupant thereof, including but not limited to: Lot insurance; improvement,repair, replacement and maintenance specific to a Lot; improvement, repair,replacement and maintenance caused by the negligent or willful acts of any Owner, his or her guest, employee,licensee, lessee or invitee as set forth in this Declaration; (b) any extraordinary maintenance,repair, improvement and replacement costs of any area which the Association maintains required on fewer than all the Lots; (c) all fines and costs assessed against an Owner pursuant to the Governing Documents; and (d) any other expenditures or charges which the Board, in its sole discretion, chooses to allocate to a Lot and are reasonably determined to be allocable to a particular Lot. Section 6.12 Borrowing. The Association shall have the power to assign its right to future income, including the right to assign its right to receive Common Expense Assessments,but only upon the affirmative vote of a majority of the Owners present and voting, in person or by proxy,at a duly constituted meeting called for that purpose. Page 16 of 42 Central POA Declaration,FINAL.wpd IIII Illlllll II it IIII 0912212003?z@2827P Il l i Ili Illl llllli IIII l ll l II II Shelley VonoaGall&tln Cc MT MISC 490.00 ARTICLE 7. RESTRICTIONS ON USE,ALIENATION AND OCCUPANCY All Property within the Community shall be held,used and enjoyed subject to the following limitations and restrictions. The strict application of the following limitations and restrictions in any specific case may be modified or waived, in whole or in part, by the Executive Board or by an appropriate committee(subject to review by the Executive Board)if such strict application would be unreasonable or unduly harsh under the circumstances. Any such modification or waiver must be in writing or must be contained in written guidelines or rules. The following use restrictions are also subject to the Development Rights and Special Declarant Rights reserved by the Declarant. Section 7.1 Use of Lots/Occupancy of Improvements on Lots. All Lots within the Community shall be used only for those uses and/or purposes as allowed by the local zoning, control and regulation. Occupancies may also be subject to any Rules and Regulations adopted by the Association. Lots shall not be used for any purpose other than a residential dwelling except as set forth in this Section. Home occupations shall be allowed so long as such use is incidental and secondary to the use of the Lot and does not change the residential character thereof and complies with local zoning ordinances and regulations. In no event shall external advertising, of any kind, be permitted. Uses which have one or more of the following characteristics are not permitted: (a)manufacturing or fabrication of any kind; (b) storage of hazardous materials; (c) increased traffic or parked vehicles beyond that reasonable and customary to a residential dwelling use; (d)permanent or long term parking of heavy equipment, including semi trailers; (e)the use or rental of any structure on a Lot for any transient, hotel,motel,bed and breakfast,restaurant, bar or other commercial purposes. In no instance shall a home occupation be visible externally, nor shall any home occupation employ any person other than the Owner. Section 7.2 Design Approval Required/Architectural Review Committee. Improvements to the Lot must first be approved by the Architectural Review Committee, except for any real property added to this Community by Declarant, as allowed for in this Declaration. Property added to the Community by Declarant may be exempt from this Article, initially, and for subsequent Improvements. Specifically, no structure, temporary building, trailer attachment,improvements, landscaping change shall be commenced, constructed, erected,placed or installed, including, but not limited to, a change in painting and/or staining of exterior siding,unless first submitted to and approved in writing by the Architectural Review Committee. No shed or other outbuilding shall be used or permitted to be kept or stored on any portion of a Lot,either temporarily or permanently, unless approved by the Architectural Review Committee. All additions to the Improvements on a Lot shall be of new construction. Section 7.3 Landscaping Covenants and Restrictions. All portions of a Lot not improved with a residence, driveway,walkways,patios or decks (referred to as the unimproved area of a Lot) shall be landscaped by and maintained, repaired, replaced and improved by the Owner. No Owner may make any changes to the landscaping without the prior written approval of the Association. Page 17 of 42 Central POA Declaration,FINAL.wpd I. IIIIIIIIIIIIIIIII IIIII IIIII Illlll III�II III I�III�I��II 12203 of 70 Shelley Vance-Oallatln Co MT MI4C 490.00 Section 7.4 Plat Restrictions. The restrictions, if any, included on the plat for the Property are incorporated in this Declaration by this reference. Section 7.5 Lot Maintenance. (a) Owners are responsible for the maintenance, repair and replacement of the Improvements and properties located within their Lot boundaries which are not specifically the obligation of the Association to maintain,replace and keep in good repair, as set forth in other sections of this Declaration. (b) Each Lot, at all times, shall be kept well maintained,in good repair, and replacement, and in a clean, sightly and wholesome condition. (c) Trash, litter,junk,boxes, containers, bottles, cans implements, machinery, lumber or other building materials shall not be permitted to remain exposed upon or within any Lot so that the same are visible from any neighboring Lot, or any street, except as necessary during a period of construction. (d) During construction of or remodeling of Improvements on a Lot, the Owner and their contractors, if any, shall keep the Owner's Lot in a neat and maintained order, without construction debris on the Lot, and without debris blown or otherwise deposited or left elsewhere in the Community. M1 (e) The Association and its agents, after 30 days notice to the Owner, shall have the authority to enter, replace,maintain, repair and clean up Lots which do not conform to the provisions of this Section, and to charge and collect from the Lot Owners thereof all reasonable costs related thereto as an Assessment hereunder. Section 7.6 Fences and Privacy Walls. Fences, and/or privacy walls must have prior written approval of the Architectural Review Committee. Section 7.7 Restrictions on Vehicles.Vehicular Parking, Storage and Repairs. (a) Parking upon any Common Elements is prohibited. (b) The following may not be parked or stored within the Community,unless such parking or storage is completely within a garage on a Lot or authorized in writing by the Association; (i) List of precluded vehicles,trailers,etc: (1) oversized vehicles; (2) trucks or pickup trucks over 3/4 ton; (3) commercial delivery vans or delivery vehicles; (4) commercial vehicles; (5) vehicles with commercial writing on their exteriors; Page 18 of 42 Central POA Declaration,FINAL.wpd a I f' 2202827 Papa; 24 of 70 22/2008 12.00 P Shelley Vance-6allatln Cc MT MISC 490.00 (6) trailers; (7) camping trailers; (8) boat trailers; (9) hauling trailers; (10) boats or accessories thereto; (11) self-contained motorized recreational vehicles; or (12) other oversized types of vehicles or equipment as prohibited by rule or regulation. (ii) Any of the foregoing may be parked temporarily, for not longer than 48 hours within any given month for loading,delivery of goods or services, or emergencies. (iii) Overnight parking of the foregoing is prohibited. This restriction shall not apply to trucks or other commercial vehicles temporarily located within the Community which are necessary for construction or for the maintenance of any Common Elements, Lots, or any improvement located thereon. (c) No abandoned,unlicensed or inoperable automobiles or vehicles of any kind shall be stored or parked on a Lot or within the Community unless parked or stored within a garage. An"abandoned or inoperable vehicle" shall be defined by Montana statutes governing inoperable or abandoned vehicles on public streets, or as defined by rule or regulation adopted by the Association. In the event that the Association shall determine that a vehicle is an abandoned or inoperable vehicle, then a written notice describing said vehicle shall be personally delivered mailed to the Owner thereof or shall be conspicuously placed upon the vehicle. If the abandoned or inoperable vehicle is not removed within 72 hours after providing such notice,the Association shall have the right to remove the vehicle, and the owner thereof shall be solely responsible for all towing, fines and storage charges. (d) No parked vehicle may impede the safe and efficient use of the streets by residents,obstruct emergency access to/from the Community, or interfere with the reasonable needs of other residents to use their driveway,including driveways that are shared by two,three or four Lots or Community streets. (e) No activity such as,but not limited to, maintenance,repair, rebuilding, dismantling,repainting, or servicing of any kind of vehicle,trailer or boat,may be performed or conducted outside of garages. (f) Parking in fire lanes(as designated by the Association or as designated by local government or a local fire protection authority)shall not be permitted. (g) If any vehicle is parked on any portion of the Community in violation of this Section or in violation of the Association's Rules and Regulations,the Board may place a notice on the vehicle specifying the nature of the violation and stating that Page 19 of 42 Central POA Declaration,F[NAL.wpd II I 2202827 I it I I Paget 20 of 10 1 till Illll Ili iillllliilll 09 IIIII l I I !22! P I li 111!li ll II tome t 2,00 I Shelley Vance-Gallatin Co MT MISC 490.00 after 72 hours the vehicle may be towed or booted. The notice shall include the name and telephone number of a person to contact regarding the alleged violation. A notice also shall be conspicuously placed at the Community stating the name and telephone number of the person or entity which will do the towing and/or booting hereunder. If 72 hours after such notice is placed on the vehicle the violation continues or thereafter occurs again within six months of such notice,the vehicle may be towed or booted in accordance with the notice,without further notice to the vehicle owner or user. (h) If a vehicle is parked in a fire lane, is blocking another vehicle or access to another Owner's or occupant's Lot,is obstructing the flow of traffic, is parked on any grassy area,or otherwise creates a hazardous condition,no notice shall be required and the vehicle may be towed immediately. If a vehicle is towed in accordance with this subparagraph,neither the Association nor any officer or agent of the Association shall be liable to any person for towing and storage costs or for any claim of damage as a result of the towing activity. The Association's right to tow is in addition to, and not in limitation of all other rights of the Association, including the right to assess fines. Notwithstanding anything to the contrary in this Section, the Board may elect to impose fines or use other available sanctions, rather than exercise its authority to tow. Section 7.8 No Temporary Structures/Sheds. Except during construction of Improvements on a Lot, no trailer,mobile home,tent or shack or other temporary building or similar structure shall be placed upon any Lot. Sheds or storage areas may be allowed subject to application to the Architectural Review Committee and the Association. Section 7.9 Roof Apparatus. No types of refrigerating, cooling or heating apparatus shall be permitted on a roof or in a window, and no such apparatus shall be permitted elsewhere on a Lot, except when appropriately screened and approved by the Architectural Review Committee and Association. Section 7.10 No Wind Generators. No wind generators of any kind shall be constructed,installed,erected,or maintained on the Lots. Section 7.11 Clotheslines and Storage. No clotheslines, equipment or storage areas shall be so located on any Lot as to be visible from a street and/or public view. Section 7.12 Restrictions on Animals and Pets. (a) Pets may be kept in a home or on a Lot, if no more then two(2)Pets are kept if and the Pet is not a nuisance to other Owners or occupants. (b) No Owner or resident shall maintain or keep any Pet which, in the sole discretion of the Board, is considered to be a danger to the Owners,management staff or occupants in the Community or is otherwise considered to be a dangerous breed, as may be further defined in the Rules and Regulations. Page 20 of 42 Central POA Declaration,FINAL.wpd 1l2202827 II II IIII�11,III Page: 26 of 0912212006 70 12 00P Sheller Vsnoe-dallrttln Cc MT MIBC 490.00 (c) If a Pet is deemed a nuisance by the Association, the Owner or person having control of the Pet shall be given a written notice to correct the problem and if not corrected,that Owner will be required to remove the Pet from the Community pursuant to,and in accordance with,any dispute resolution procedures as may be set forth in this Declaration or the Rules and Regulations, if any. (d) Pets may not be kept for any commercial purposes. (e) When on the Common Elements or outside of a home or off a Lot, Pets must be on a leash and under the control of the Owner of the Pet. (f) Feces left by Pets any where in the Community must be removed promptly by the owner of the Pet or the person responsible for the Pet. Owners in violation will be fined. (g) Pets shall not be allowed to defecate or urinate on any patio or balcony in the Community. (h) Owners shall hold the Association harmless from any claim resulting from any action of their Pets. Section 7.13 Restriction on Further Subdivision of Lots, Lots in the Community may not be further subdivided into smaller or a larger tracts or Lots,without the written approval of the Board. Section 7.14 Nuisances. No nuisance shall be permitted within the Community, nor any use, activity or practice which is the source of unreasonable annoyance or embarrassment to, or which unreasonably offends or disturbs, any Owner or which may unreasonably interfere with the peaceful enjoyment or possession of the proper use of a Lot or Common Elements, or any portion of the Community by Owners. Further,no improper, offensive or unlawful use shall be permitted within the Community or any portion thereof. As used in this Declaration, the term"nuisance"shall not include activities of Declarant or its assignees which are reasonably necessary to the development and construction of Improvements within this Community;provided, however,that such activities shall not reasonably interfere with any Owner's use and enjoyment of their Lot, or any Owner's ingress and egress to or from their Lot or a public way. Section 7.15 Use of Common Elements. There shall be no obstruction of the Common Elements,nor shall anything be kept or stored on any part of the Common Elements without the prior written approval of the Association. Nothing shall be altered on,constructed in, or removed from the Common Elements without the prior written approval of the Association. Section 7.16 Antenna. "Permitted Antennas"are defined as (a) an antenna which is less than one meter in diameter and is used to receive direct broadcast satellite service, including direct-to-home satellite services, or is used to receive or transmit fixed wireless Page 21 of 42 Central POA Declaration,F1NAL.wpd i A 12202827 IIIIII papa: 27 of 70 I I III 0912212006 12:00P I IIIIII IIIIII IIII IIIIIIIIIIIIIII IIII II Shelley Vance-Gallatin Cc M? MISC 490.00 signals via satellite; (b) an antenna which is less than one meter in diameter and is used to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services,instruction television fixed services, and local multipoint distribution services or is used to receive or transmit fixed wireless signals other than via satellite; (c) an antenna which is designed to receive broadcast television broadcast signals; or(d) other antennas which are expressly permitted under applicable federal statutes or regulations. In the event a Permitted Antenna is no longer expressly permitted under applicable federal statutes or regulations, such antenna will no longer be a Permitted Antenna for purposes of this Section. Permitted Antennas shall be installed in the least conspicuous location available on a Lot which permits acceptable signals, without unreasonable delay or increase in the cost of installation, maintenance or use of the Permitted Antenna. The Association may adopt rules regarding location and installation of Permitted Antennas, subject to limitations of applicable federal law. Except as allowed by federal statutes and regulation,no exterior television or any other antennae,microwave dish, satellite dish, satellite antenna,satellite earth station or similar device of any type shall be erected, installed or maintained on a Lot. Section 7.17 No Unsightliness. All unsightly conditions, structures, facilities, equipment, objects and conditions shall be enclosed within an approved structure. Section 7.18 Restriction on Signs and Advertising Devices. No sign,poster, billboard, advertising device or display of any kind shall be erected or maintained anywhere within the Community except for one"for sale" or"for rent" signs and such other sign or signs as may be approved in writing by the Executive Board. Section 7.19 Restriction on Sale of a Lot. The right of an Owner to sell,transfer or otherwise convey their Lot shall not be further restricted or subject to any right of first refusal or similar restriction. Section 7.20 No Restrictions on Mortgaging of a Lot. There are no restrictions on the right of the Owners to mortgage or otherwise encumber their Lot. There is no requirement for the use of a specific lending institution or particular type of lender. Section 7.21 Rules and Regulations. In furtherance of the provisions of this Declaration, and the general plan, Rules and Regulations concerning and governing the Community or any portion thereof may be adopted,amended, or repealed from time to time by the Executive Board,or its successors and assigns. The Executive Board may establish and enforce penalties for the infraction thereof. Section 7.22 Declarant's Use. Notwithstanding anything to the contrary contained in this Declaration, it shall be expressly permissible for Declarant, its assigns, employees and agents, and any others with reserved Development Rights (as and if allowed for under this Declaration)to perform such reasonable activities, and to maintain upon portions of the Community such facilities as deemed reasonably necessary or incidental to the construction and sale of Lots in the development of the Community,specifically including, Page 22 of 42 Central POA Declaration,FINAL.wpd 2202827 II WIN 111 0Page: 20 of 70 9122/2005 12 00P II 1111111�II � 1 tllll) 8ha11aY vane-Gallatin Co MT M16C 490.00 without limiting the generality of the foregoing,the maintenance of temporary business offices, storage areas, trash bins,construction yards and equipment, signs, models, temporary sales offices, parking areas and lighting facilities. Section 7.23 Use of the Words Baxter Meadows Central and Baxter Meadows Central Property Owners Association,Inc. No resident shall use the words Baxter Meadows Central or Baxter Meadows Central Property Owners Association, Inc. or the logo of the Community or Association, if any, or any derivative thereof,in connection with any goods,materials or services, the use of which is likely to cause confusion,mistake or deception as to the source or origin of such goods, materials or services,without the prior written consent of the Association. ARTICLE 8. ARCHITECTURAL REVIEW Section 8.1 Required Approval. In addition to approvals as may be needed under the Master Declaration, no structures, including, but not limited to,primary residence, accessory buildings, sheds, swimming pools, antennas, flag poles, fences,walls, exterior lighting, landscaping,yard or decorative ornaments or any other Improvement shall be constructed erected or installed on a Lot,nor shall any alteration or change to the exterior of the Improvements,the exterior of a residence,to a Lot or to any structure or any attachment to the exterior of a residence (including paint, awnings,patios, decks, or shutters) be commenced within the Community unless complete plans and specifications shall have been first submitted to and approved in writing by the Architectural Review Committee. Only house numbers and mail boxes which have been approved by the Architectural Review Committee shall be used and maintained on any Lot within the Community. The Architectural Review Committee may require that applications of Owners and their plans and specifications show exterior design, height,materials, color, location of the structure or addition to the structure or proposed Improvement(plotted horizontally and vertically), location and size of driveways, walls, and grading plan, as well as such other materials and information as may be required by the Committee. Section 8.2 Architectural Criteria. The Architectural Review Committee shall exercise its reasonable judgment to the end that all attachments, Improvements, construction, landscaping and alterations to Improvements on a Lot or landscaping of a Lot shall comply with the requirements set forth in this Declaration. The approval or consent of the Architectural Review Committee on matters properly coming before it shall not be unreasonably withheld,and actions taken shall not be arbitrary or capricious. Approval shall be based upon,but not limited to, conformity and harmony of exterior appearance of structures with neighboring structures, effective location and use of Improvements on nearby Lots, preservation of aesthetic beauty,and conformity with the specifications and purposes generally set out in this Declaration. Section 8.3 Establishment of the Design Review Board. The Architectural Review Committee shall consist of a minimum of three members. Until 100%of all Lots in the community have been conveyed by the Declarant, Declarant shall appoint all Page 23 of 42 Central POA Declaration,FINAL.wpd t I�iilll!!I 270 �ifll�llIlIlIlll lillllllll l+ i I 10D/22/ 6 200 12.00P Shelley yanae-Gallatin Co MT DISC 400.00 members of the Architectural Review Committee and may remove any appointee at any time upon written notice to such appointee. After expiration of Declarant's appointment rights, the Architectural Review Committee may then be comprised completely of Lot Owners without regard to special qualifications and the members shall then be appointed by the BMCPOA Board of Directors annually. Until that date,Declarant, in its sole discretion,may at any time grant the power of appointment of the members of the Architectural Review Committee, and the chairman thereof, to another or to the Association. Notwithstanding the above, appointments shall be for staggered terms of a year different in termination so as to provide reasonable continuity to the architectural review process. Section 8.4 Architectural Guidelines. The Committee may propose architectural guidelines from time to time,which guidelines may be approved by the Board and included in or with any Rules and Regulations of the Association. Section 8.5 Reply and Communication, The Committee shall reply to all submittals of plans made in accordance herewith in writing within 30 days after receipt. In the event the Architectural Review Committee fails to take any action on submitted plans and specifications within 30 days after the Committee has received the plans and specifications, approval shall be deemed to be denied; provided, however, even if the requirements of this Section are satisfied,nothing in this Section shall authorize anyone to construct or maintain any structure or Improvement that is otherwise in violation of the Declaration, architectural guidelines or Rules and Regulations then in effect. All communications and submittals shall be addressed to the Architectural Review Committee such address as the chairman of the Committee shall hereafter designate in writing addressed and mailed to the Owners. Section 8.6 Variances. The Architectural Review Committee may grant reasonable variances or adjustments from any conditions and restrictions imposed by this Declaration in order to overcome practical difficulties and unnecessary hardships arising by reason of the application of the conditions and restrictions contained in these covenants or in architectural guidelines. Such variances or adjustments shall be granted only when the granting thereof shall not be materially detrimental or injurious to the other Lots or Common Elements nor deviate substantially from the general intent and purpose of this Declaration. Section 8.7 Right, to Appeal. An Owner may appeal any decision of the Architectural Review Committee to the Board. The Board shall review the decision of the Architectural Review Committee pursuant to the criteria set forth in this Declaration and the architectural guidelines. Any decision of the Architectural Review Committee may be overruled and reversed by a majority of the Directors by a written decision setting forth the reasons for the reversal when the Directors conclude that the Architectural Review Committee's decision was inconsistent with the criteria set forth in this Article and the guidelines. Page 24 of 42 Central POA Declaration,FINAL.wpd IIIII IIII IIIII IIII II I�I III IIII IIIII IIII ZZ02S27 IIIIIIIIIIIII Shelley Vanoa-Callatln Co MT MISC 480.00 Section 8.8 Waivers. The approval or consent of the Architectural Review Committee, or appointed representative thereof, to any application for architectural approval shall not be deemed to constitute a waiver of any right to hold or deny approval or consent by the Architectural Review Committee as to any application or other matters subsequently or additionally submitted for approval or consent. Section 8.9 Liability. The Architectural Review Committee and the members thereof,as well as any representative of the Board designated to act on its behalf, shall not be liable in damages to any person submitting requests for approval or to any approval, or failure to approve or disapprove in regard to any matter within its jurisdiction under these covenants. Section 8.10 Records. The Architectural Review Committee shall maintain written records of all applications submitted to it and of all actions taken by it with respect thereto. Such records shall be open and available for inspection by any interested party during reasonable hours of the business day. Section 8,11 Enforcement. Enforcement of these covenants,restrictions, charges and other provisions,as amended,may be by any proceeding at law or in equity against any person or persons violating or attempting to violate any such provision. The Association shall have the right but not the obligation to institute,maintain and prosecute any such proceedings. In any action instituted or maintained under this Section,the Association shall be entitled to recover its costs and reasonable attorney fees incurred pursuant thereto, as well as any and all other sums awarded by the court. Failure of the Association to enforce any covenant or restriction contained in this Section shall in no event be deemed a waiver of the right to do so thereafter. ARTICLE 9. DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS Section 9.1 Development Rights and Special Declarant Rights. The Declarant reserves,through seven years after the recording of this Declaration,the following Development Rights and Special Declarant Rights: (a) the right to relocate boundaries between adjoining Lots owned by the Declarant,subdivide Lots owned by Declarant or complete or make improvements, as the same may be indicated on Maps or Plats filed of record; (b) the right to enlarge or reduce the Common Elements and to create additional Lots, subject to the limitations set forth in Section 4.1 of this Declaration; (c) the right to add Lots and to subject all or any part of the property described in Exhibit B attached hereto and hereby incorporated by reference and additional unspecified real estate to the provisions of this Declaration subject to the limitations set forth in this Declaration; Page 25 of 42 Central POA Declaration,FINAL.wpd I I' I llllll IIIlI IIIII IIIII IIIII llllll llllll Ell IIII IlllE IIII ?z�z8,2'P Shelley Vance-Gallatin Co MT MISC 490.00 (d) the right to exercise any additional reserve right created by any other provision of this Declaration; (e) the right to withdraw Lots owned by Declarant from the Community and the terms of this Declaration,except for lots with dwellings once a dwelling on that Lot has been conveyed, and with the withdrawal rights of the Declarant. Such withdrawal may be accomplished by the execution, acknowledgment and recordation of a notice of withdrawal. The notice of withdrawal (I) shall be executed and acknowledged by the Owner or Owners of the property to be withdrawn; (ii) shall, if not then owned by Declarant,contain the executed and acknowledged written consent of Declarant for so long as Declarant owns any property in the Community and has the power to annex additional property to the Community; (iii) shall contain an adequate legal description of the property to be withdrawn; (iv)shall contain a reference to the Supplemental Declaration for the portion of the Real Property to be withdrawn, which reference shall state the date thereof and the date of recordation thereof, and(v) shall contain a statement and declaration that the property sought to be withdrawn is withdrawn from the Community and from the effect of this Declaration; (f) the right to amend the use restrictions included in this Declaration,together with the right to add new use restrictions; (g) the right to amend the Declaration in connection with the exercise of any development right; (h) the right to amend the Maps or Plats in connection with the exercise of any development right; (i) the right to make amendments to the Declaration, Bylaws or Articles of Incorporation to meet or comply with any requirement of FHA or VA; and 0) the rights reserved to Declarant, for itself, its successors and assigns, shall expire as set forth above,unless (I)reinstated or extended by the Association, subject to whatever terms, conditions, and limitations the Board may impose on the subsequent exercise of the expansion rights by Declarant,(ii) extended as allowed by law, or(iii)terminated by written instrument executed by the Declarant, recorded in the real property records of the Gallatin County. Section 9.2 Additional Reserved Rights. In addition to the rights set forth above, Declarant also reserves the following additional rights: (a) Sales. The right to maintain mobile and other sales offices,parking lots, management offices and models on Lots of the Declarant. (b) Construction Easement. Declarant and its assignees expressly reserve to itself the right to perform warranty work, and repairs and construction work, and to store materials in secure areas, in Lots and in Common Elements, and the future Page 26 of 42 Central POA Declaration,F1NAL.wpd i r ilillllIllilIilllIIIIIIIIIIIIIIIIIIIII IIIIIII IIIIIIII zz�2f 70 II Shelley Vanes-Oallatln Cc M7 MISC 490.00 right to control such work and repairs and the right of access thereto,until completion. All work may be performed without the consent or approval of any Owner or holder of a security interest. Declarant and its assignees have such an easement through the Common Elements as may be reasonably necessary for exercising reserved rights in this Declaration. Such easement includes the right to construct underground utility lines,pipes,wires,ducts, conduits, and other facilities across the Property. Section 9.3 Rights Transferrable/Rights Transferred. Any rights created or reserved under this Article or the Act for the benefit of Declarant may be transferred to any person by an instrument describing the rights transferred recorded in the real property records of the Gallatin County. Such instrument shall be executed by the transferor Declarant and the transferee. Any rights created or reserved under this Article or the Act for the benefit of Declarant may also be transferred to the Association by an instrument describing the rights transferred recorded in the real property records of the Gallatin County. Such instrument shall be executed by the transferor Declarant and the Association as transferee. Section 9.4 No Further Authorizations Needed. Except as set forth in this Declaration, the consent of Owners or holders of security interests shall not be required for exercise of any reserved rights,and Declarant or its assignees may proceed without limitation at its sole option. Declarant or its assignees may exercise any reserved rights on all or any portion of the property in whatever order determined. Declarant or its assignees shall not be obligated to exercise any reserved rights or to expand the Community beyond the number of Lots initially submitted. Section 9.5 Amendment of the Declaration or Plat. If Declarant or its assignees elect to exercise any reserved rights, including amendment or supplement of this Declaration or the Plat, that party shall comply with applicable provisions of the Act. Section 9.6 Interpretation. Recording of amendments to the Declaration and the plat or plats pursuant to reserved rights in this Declaration shall automatically effectuate the terms and provisions of that amendment. Further, such amendment shall automatically (a) vest in each existing Owner the reallocated Allocated Interests appurtenant to their Lot, and(b) vest in each existing security interest a perfected security interest in the reallocated Allocated Interests appurtenant to the encumbered Lot. Further,upon the recording of an amendment to the Declaration, the definitions used in this Declaration shall automatically be extended to encompass and to refer to the Community as expanded and to any Additional Improvements, and the same shall be added to and become a part of the Community for all purposes. All conveyances of Lots after such amendment is recorded shall be effective to transfer rights in all Common Elements, whether or not reference is made to any Amendment of the Declaration or Plat. Reference to the Declaration and Plat in any instrument shall be deemed to include all Amendments to the Declaration, and the Plat without specific reference thereto. Page 27 of 42 Central POA Declaration,FINAL.wpd i r 12202827 09122/2005 12 00P 1111111111111111 111II1D1111I 111I11111111 1111 Shelley Vance-Gallatin Co MT MISC 490.00 Section 9.7 Construction. Subsequent to the initial Property and improvements made subject to this Declaration, any additional buildings, structures and types of improvements to be placed on the Property or any part thereof may be of such quality and type as the persons developing the same may determine, and those improvements need not be of the same quality or type as the Improvements previously constructed on the Property, nor of the same size, style or configuration. The improvements may be located anywhere in the Common Elements of the Community,the same being reserved for future development, or on the additional Property as may be added or as shown on the Plat. Section 9.8 Termination of Reserved Rights. The rights reserved to Declarant, for itself, its successors and assigns, shall expire as set forth above,unless (i) reinstated or extended by the Association, subject to whatever terms, conditions, and limitations the Executive Board may impose on the subsequent exercise of the expansion rights by Declarant, (ii) extended as allowed by law or, (iii)terminated by written instrument executed by the Declarant, recorded in the records of the Clerk and Recorder of the Gallatin County, State of Montana. ARTICLE 10. INSURANCE/CONDEMNATION Section 10.1 Insurance to be Carried by the Association. The Association shall obtain and maintain in full force and effect to the extent reasonably available, and at all times, the insurance coverage set forth in this Declaration,which insurance coverage shall be provided by financially responsible and able companies duly authorized to do business in the State of Montana. All insurance purchased by the Association shall be purchased from companies with ratings of"A" or better, to the extent that insurance is available at reasonable cost to the Association through such companies. Section 10.2 Real Property Insurance of Owners on their Homes. Each Owner is advised to obtain insurance providing all risk coverage or the nearest equivalent available for the full replacement cost,without deduction for depreciation, for all insurable improvements located on their Lot. Such insurance should include furnishings and personal or other property in the home and liability insurance for injury, death or damage in the home or upon the Lot. Section 10.3 Liability Insurance of the Association. The Association shall obtain a comprehensive policy of public liability and property damage liability insurance covering all of the Common Elements, in such limits as the Board may from time to time determine, but not in any amount less than$1,000,000.00 per injury,per person, and per occurrence, and in all cases covering all claims for bodily injury or property damage. Coverage shall include,without limitation, liability for personal injuries, operation of automobiles on behalf of the Association, and activities in connection with the ownership, operation, maintenance and other uses of the Lots and the Common Elements. The foregoing liability insurance shall name the Association as the insured. Page 28 of 42 Central POA Declaration,FINAL.wpd � r IIIIIIIIIIIIIIIIIIIIII IIIII 202827 (IIIIIIII)IIIIIIIIIIIIIIII Pass:2120H 12:00P Shelley Vanoa-Gallatin Co MT MISC 490.40 Section 10.4 Fidelity Insurance of the Association. The Association shall obtain fidelity coverage or fidelity bonds to protect against dishonest acts on the parts of its officers, directors, trustees,volunteers and employees and on the part of all others who handle or are responsible for handling the funds of the Association, including persons who serve the Association with or without compensation. The clause"officers, directors, trustees and employees" shall not include any officer, director, agent or employee of any independent,professional manager or managing agent heretofore or hereafter employed by the Association. The fidelity coverage or bonds should be in an amount sufficient to cover the maximum funds that will be in the control of the Association, its officers, directors, trustees and employees. If the Association retains a Managing Agent, the Managing Agent shall be required to provide such fidelity insurance covering itself and its employees and naming the Association as the loss payee. Section 10.5 Workers Compensation of the Association. The Association shall obtain and maintain workers' compensation and employer's liability insurance and all other similar insurance with respect to employees of the Association in the amounts and in forms now or hereafter required by law. Section 10.6 Director and Officer Liability Insurance of the Association. The Association shall purchase directors' and officers' insurance in an amount reasonably necessary to protect the directors and officers. Section 10.7 Other Insurance of the Association. The Association may obtain insurance against such other risks, of similar or dissimilar nature as it shall deem appropriate with respect to the Association's responsibilities and duties. Section 10.8 Miscellaneous Terms Governing Insurance Carried by the Association. The Association shall maintain, to the extent reasonably available and necessary, policies with the following terms or provisions: (a) All policies of insurance shall contain waivers of subrogation and waivers of any defense based on invalidity arising from any acts of an Owner and shall provide that such policies may not be canceled or modified without at least 45 days prior written notice to all of the Owners, holders of First Mortgages and the Association. (b) If requested, certificates of insurance and renewals thereof, together with proof of payments of premiums, shall be delivered to all First Mortgagees at least 10 days prior to expiration of the then current policies. (c) All liability insurance shall be carried in blanket form naming the Association, the Board, the manager or managing agent, if any,and the officers of the Association, as insureds. (d) Prior to renewing casualty insurance and not less than every three years, pursuant to the provisions hereof,the Board may obtain an appraisal from a duly qualified real estate or insurance appraiser,which appraiser shall reasonably Page 29 of 42 Central POA Declaration,FTNAL.wpd IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� zze?$Z�p Shelley Vance-Gallatin Ca MT MISC 490.00 estimate the full replacement cost of the Townhouses and the Common Elements, without deduction for depreciation,review any increases in the cost of living, and/or consider other factors, for the purpose of determining the amount of the insurance to be effected pursuant to the provisions hereof. In no event shall any casualty insurance policy contain a co-insurance clause. (e) All policies of insurance shall provide that the insurance thereunder shall be invalidated or suspended only in respect to the interest of any particular Owner guilty of a breach of warranty, act, omission,negligence or non-compliance of any provision of such policy,including payment of the insurance premium applicable to the Owner's interest, or who permits or fails to prevent the happening of any event, whether occurring before or after a loss, which under the provisions of such policy would otherwise invalidate or suspend the entire policy, but the insurance under any such policy,as to the interests of all other insured Owners not guilty of any such act or omission, shall not be invalidated or suspended and shall remain in full force and effect. Section 10.9 Insurance Premium. Except as assessed in proportion to risk, insurance premiums for the above provided insurance shall be a Common Expense to be included as a part of the annual Assessments levied by the Association. Section 10.10 Managing Agent Insurance. The manager or managing agent, if any, shall be insured for the benefit of the Association, and shall maintain and submit evidence of such coverage to the Association, including workers' compensation, unemployment and fidelity coverage. Section 10.11 Waiver of Claims Against Association. As to all policies of insurance maintained by or for the benefit of the Association and Owners, the Association and the Owners hereby waive and release all claims against one another and the Board,to the extent of the insurance proceeds available, whether or not the insurance damage or injury is caused by the negligence of or breach of any agreement by these persons. Section 10.12 Adjustments by the Association. Any loss covered by an insurance policy described above shall be adjusted by the Association, and the insurance proceeds for that loss shall be payable to the Association,and not to any first mortgagee. The Association shall hold any insurance proceeds in trust for the Association,Owners and first mortgagees as their interests may appear. The proceeds must be distributed first for the repair or restoration of the damaged property, and the Association, Owners and first mortgagees are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the damaged property has been completely repaired or restored. If the insurance proceeds are insufficient to cover the cost of repair or reconstruction, the Association may levy a Special Assessment to cover the short fall(or deductible)pursuant to this Declaration. Page 30 of 42 Central POA Declaration,FINAL.wpd ll�li 2202827 1111IIIIIiIIIII 1 1 0Pass; 36 of 70 9/22/2005 12 00P I l llllllll I I III 1 ShelleY Vane-Gallatin Co MT MISC 400.00 Section 10.13 Claims. The Board may, in its discretion, choose to submit a claim under the Association's insurance policy. If a claim is submitted,the payment of the deductible amount for claims which the Association is responsible for insuring shall be as follows: (a) The Association shall pay or absorb said deductible for any work,repairs or reconstruction for damage incurred to Common Elements or an area for which the Association has a maintenance responsibility, or for damage to Common Elements or any area which the Association maintains that originates in the Common Elements or an area that the Association maintains, or for damages to the Common Elements or an area which the Association maintains which originates from natural causes,unless said damage is caused by the negligent or willful act or omission of an Owner,his family, guests,or invitees; provided,however,the Association may levy a Special Assessment against all Owners to cover the deductible as provided in this Declaration. (b) The Owner shall pay or absorb said deductible for any work, repairs, reconstruction or replacement for damage incurred to his or her Lot, to the Common Elements, or to any area that the Association maintains,as the Association shall, in its sole discretion, determine to be the responsibility of the Owner. (c) If a Lot or Party Wall is damaged, then the Owner of that Lot or the Owners sharing the Party Wall shall have primary responsibility,either directly or through his insurance company, for handling and paying for,any work,repairs, reconstruction or replacement. Section 10.14 Insurance Assessments. If the proceeds of insurance are not sufficient to defray the costs of reconstruction and repair due to deductibles allocated to the Association or failure of the Association to maintain coverage to defray costs of repair and reconstruction which in the absence of insurance would be the maintenance responsibility of the Association,the deductible or additional cost shall be a Common Expense. This Assessment shall not be considered an Assessment as discussed in this Declaration and shall not require any vote or ratification of the Owners. Notwithstanding the Special Assessment procedure set forth this Declaration,the insurance Assessment shall be ratified unless vetoed by 90% of the Members and as set forth in the Bylaws, as the Bylaws may be amended from time to time. Section 10.15 Association as Attorney-in-Fact. Each Owner hereby irrevocably appoints the Association as the Owner's true and lawful attorney-in-fact for the purposes of dealing with any improvements covered by insurance written in the name of the Association pursuant to this Article upon their damage or destruction as provided in this Declaration, or a complete or partial taking or condemnation as provided in this Declaration. Acceptance by a grantee of a deed or other instrument of conveyance conveying any portion of the Property shall constitute appointment of the Association as the grantee's attorney-in-fact, and the Association shall have full authorization,right,and Page 31 of 42 Central POA Declaration,FINAL.wpd 2202827 Pow 37 1 091221200612@06P 1 II�III�� Shallay V&Mae-Gallatin Co MT MISC 490.00 power to make, execute, and deliver any contract, assignment, deed,waiver, or other instrument with respect to the interest of any Owner which may be necessary to exercise the powers granted to the Association as attorney-in-fact. Furthermore, if so requested, an Owner shad execute a separate instrument specifically setting forth this appointment. ARTICLE 11. GENERAL PROVISIONS Section 11.1 Compliance and Enforcement. (a) Every Owner and occupant of a Lot shall comply with the Governing Documents, and each Owner shall have the right to enforce the covenants and restrictions,as set forth in this Declaration. (b) The Association, acting through the Board, may enforce all applicable provisions of this Declaration, and may impose sanctions for violation of the Governing Documents. Such sanctions may include,without limitation: (i) imposing reasonable monetary fines, after notice and opportunity for a hearing, which fine shall constitute a lien upon the violator's Lot. (In the event that any occupant,guest, or invitee of a Lot violates the Governing Documents and a fine is imposed, at the Board's discretion,the fine may first be assessed against the violator; provided,however, if the fine is assessed against the violator and is not paid by the violator within the time period set by the Board,the Owner shall pay the fine upon notice from the Board and the opportunity for a hearing have been provided); (ii) suspending the right to vote; (iii) exercising self-help(including, but not limited to,performing such maintenance responsibilities which are the Owner's responsibility under this Declaration and assessing all costs incurred by the Association against the Lot and the Owner as an Assessment)or taking action to abate any violation of the Governing Documents; (iv) requiring an Owner, at the Owner's expense, to remove any structure or Improvement on such Owner's Lot in violation of the Governing Documents and to restore the Lot to its previous condition and,upon failure of the Owner to do so, the Board or its designee shall have the right to enter the property,remove the violation and restore the property to substantially the same condition as previously existed, at the Owner's expense, and any such action shall not be deemed a trespass; (v) without liability to any person,the Association precluding any contractor, subcontractor,agent, employee, or other invitee of an Owner who fails to comply with the terms and provisions of this Declaration from continuing or performing any further activities in the Community; Page 32 of 42 Central POA Declaration,F1NAL.wpd 2I�202�L Q Iillll illll IIIII IIII IIIII IIIIII I I � I III III IIIII IIII iIII 09/22/2005 12000P Shelley Vence-Gallatin Co MT MISC 490.00 (vi) levying specific Assessments to cover costs incurred by the Association to bring a Lot into compliance with the Governing Documents; and (vii) bringing suit at law or in equity to enjoin any violation or to recover monetary damages or both. (c) In addition to any other enforcement rights, if an Owner fails to properly perform his or her maintenance responsibility, or otherwise fails to comply with the Governing Documents, the Association may record a notice of violation against the Owner and the Lot. (d) All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the Governing Documents, the prevailing party shall be entitled to recover all costs, including, without limitation, attorney fees and court costs,reasonably incurred in such action. (e) The decision of the Association to pursue enforcement action in any particular case shall be left to the Board's discretion, subject to the duty to exercise judgment and be reasonable, as provided for in this Declaration, and further restricted in that the Board shall not be arbitrary or capricious in taking enforcement action. A decision of the Association to pursue enforcement action shall not be construed as a waiver of the Association's right to enforce such provisions at a later time under other circumstances or preclude the Association from enforcing any other covenant, restriction or rule. Without limiting the generality of the foregoing, the Board may determine that, under the circumstances of a particular case: (i) the Association's legal position is not strong enough to justify taking any or further action; the covenant,restriction or rule being enforced is, or is likely to be construed as, inconsistent with applicable law;or (iii) that it is not in the Association's best interests,based upon hardship, expense or other reasonable criteria,to pursue enforcement action. Section 11.2 Severabilitv. Each of the provisions of this Declaration shall be deemed independent and severable. If any provision of this Declaration or the application thereof to any person or circumstances is held invalid,the invalidity shall not affect other provisions or applications of this Declaration which can be given effect without the invalid provisions or applications. Page 33 of 42 Central POA Declaration,FINAL.wpd it 111IIIIIIIII11111IIIIIIII Paw 09122/2005 MOW 2202827 9of70 II I II lil i IIIIIIIIIIIIIIIIIII Shelley Vanes-Gallatin Co FIT MISC 490.00 Section 11.3 Term of Declaration. The covenants and restrictions of this Declaration shall run with and bind the land in perpetuity. Section 11.4 Amendment of Declaration,Map or Plat by Declarant. If Declarant shall determine that any amendments to this Declaration or the Plat shall be necessary in order to make non-material changes, such as for the correction of a technical, clerical or typographical error or clarification of a statement or for any changes to property not yet part of the Community, then, subject to the following sentence of this Section, Declarant shall have the right and power to make and execute any such amendments without obtaining the approval of any Owners. Each such amendment of this Declaration shall be made, if at all, by Declarant prior to the expiration of seven years from the date this Declaration is recorded. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to Declarant to make or consent to an amendment under this section on behalf of each Owner and holder of a security interest. Each deed, security interest, other evidence of obligation or other instrument affecting a Lot and the acceptance thereof shall be deemed to be a grant and acknowledgment of, and a consent to the reservation of, the power of Declarant to make, execute and record an amendment under this Section. Section 11.5 Amendment of Declaration by Owners. Except as otherwise provided in this Declaration, and subject to provisions elsewhere contained in this Declaration requiring the consent of Declarant or others, any provision, covenant, condition, restriction or equitable servitude contained in this Declaration may be amended, revised, removed or repealed, and new provisions, covenants, conditions, restrictions or equitable servitudes may be added, at any time and from time to time upon approval of Owners holding at least 67%of the votes in the Association and with the written consent of the Association. Notice of any meeting at which a proposed amendment will be considered shall state the fact of consideration and the subject matter of the proposed amendment. The amendment or repeal shall be effective upon the recordation in the office of the Clerk and Recorder of the Gallatin County, State of Montana of a certificate setting forth the amendment in full and certifying that the amendment has been approved as set forth above, and containing the written consent and approval of the Association. Section 11.6 Amendment Required by Mortgage Agencies. Prior to seven years after recording of this Declaration, any provision, covenant,condition, restriction or equitable servitude contained in this Declaration which a holder of a first lien security interest, or FHA,VA,FHLMC, GNMA, FNMA or any similar entity authorized to insure, guarantee, make or purchase mortgage loans requires to be amended or repealed may be amended or repealed by Declarant or the Association. Any such amendment or repeal shall be effective upon the recordation in the office of the Clerk and Recorder of the Gallatin County, State of Montana of a certificate setting forth the amendment or repeal in full. Section 11.7 FHANA Approval. As long as the Declarant has the right to appoint and remove officers and directors of the Association, the following actions shall require the prior approval of the VA(so long as the VA is guaranteeing any Mortgage in the Community), and FHA(so long as FHA is insuring any Mortgage in the Community): Page 34 of 42 Central POA Declaration,FINAL.wpd I` II ( III II i IIII�I lII II�II II III 2202827 I II IIII{ II I I I IIIII it Shelley Vanot-Gallatin Cc MT MISC 490,00 annexation of additional property to the Community; mergers and consolidations; dedication of Common Property to any public entity; dissolution; mortgaging of Common Property, and material amendment of the Declaration,Bylaws or Articles of Incorporation. Section 11.8 Captions. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise affect that which is set forth in any paragraph, section or article hereof. Section 11.9 Interpretation. The provisions of this Declaration shall be construed to effectuate their purposes of creating a uniform plan for promoting and effectuating the fundamental concepts as set forth in this Declaration. The Executive Board shall have the authority to interpret the meaning of any provision contained in this Declaration. Section 11.10 Singular Includes the Plural. Unless the context otherwise requires, the singular shall include the plural, and the plural shall include the singular, and each gender referral shall be deemed to include the masculine, feminine and neuter. Central POA Declaration,FINAL.wpd IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII���) 2202827 2of P Shollay 4anoo-Callatln Co M7 MISC 490.00 IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed by its duly authorized agent this /0""'day of September, 2005. BAXTER MEADOWS DEVELOPMENT L.P., a Montana limited liability partnership, By: O'W - Authorized Agent STATE OF MONTANA ) COUNTY OF4i �G ) The foregoing Declaration was acknowledged before me by i arws , as Authorized Agent, of Baxter Meadows Development L.P.,this '04'd ay of September,2005, ' ' f`•,,a. br F' Notary Public for the State of M fxc. Residing at r My Commission expires: _ Central POA Declaration,F[NAL.wpd i [V 1 2202870 271l1IIIIIII111111IIII �111111111111111111111111111 00/ Malley VAM04-0411alin Co M7 M18C 400.0022/2008 12,00P EXHIBIT A DESCRIPTION OF PROPERTY All of those lands situated west of the centerline of Gallatin Green Boulevard in the Final Plats of Baxter Meadows Phases 2C,2D, and 2G, all located in the S'h of Section 34,Township 1 South, Range 5 East,P.M.M., City of Bozeman, Gallatin County, Montana. Property may be added by exercise of reserved development rights, as set forth in this Declaration. Property added to the Community may be subject to the following easements and interests of record: 1. Plat of Baxter Meadows West as amended and supplemented of record; 2. The Master or Community Declaration for the Baxter Meadows Master Community. 3. Other instruments of record. Page 37 of 42 Central POA Declaration,FlNAL.wpd f I` j II 2202827 `i `Illli�lll�ll�ill Papa,NI of illl70 III�IIIII 091Z21202008 12:00P II III III Illilll I it Shelley Vence-Gallatin Co MT MISC 490.00 EXHIBIT B PROPERTIES OWNED BY DECLARANT WHICH, MAY BE ADDED TO THE DECLARATION All or part of any real estate located adjacent to the Community, or across a public street, ditch or easement from the Community,provided the owner of that real estate consents, and provided all other consents or votes required by this Declaration are first obtained. Page 38 of 42 Central POA Declaration,FTNAL.wpd IIIIII IIIII IIIII Illll IIIII Hill 2202827IIIII!IIIIIIIII Shelley Vane-O&ILatln Co MT MISC 490.N EXHIBIT C OTHER PROPERTIES WHICH MAY BE ADDED TO THE DECLARATION All or part of any real estate located adjacent to the Community, or across a public street or alley from the Community,provided the owner of that real estate consents. Page 39 of 42 Central POA Declaration,FINAL.wpd i r Q 220227 o70 I II I�III�I 111�11 �� 1� 1 II��II�II Shollav Vano"allatln Cc MT MISC 490.00 EXHIBIT D INITIAL COMMON ELEMENTS None. Page 40 of 42 Central POA Declaration,FINAL.wpd i r I I{{III{Illl fill{I{III IIIII IIIIII dill{I 12206 o f 70 {IIIIIIIIIIIII .00 Bha11�Y Vann-Gallatin Co MT MISC 490.00 EXHIBIT E INITIAL LIMITED COMMON ELEMENTS None. Page 41 of 42 Central POA Declaration,F1NAL.wpd I N' ■ cow N►.a �aa N ' am rrr� s e In v � U to C BYLA WS OF = a BAXTER MEADOWS CENTRAL PROPERTY OWNERS ASSOCIATION, INC. TABLE OF CONTENTS Page ARTICLE 1 -- INTRODUCTION,PURPOSES AND DEFINITIONS ........ -1- Section 1.1 Introduction ......................................................................... -1- Section 1.2 Purposes .............................................................................. -1- Section 1.3 Definitions .......................................................................... -1- ARTICLE 2-- MEMBERSHIP ........................................................................ -I- Section 2.1 Membership ........................................................................ -1- Section 2.2 Suspension of Member Rights ............................................ -1- ARTICLE 3 - MEETINGS OF MEMBERS .................................................. .2- Section 3.1 Annual Meetings ................................................................. .2- Section 3.2 ,Special Meetip s ................................................................. .2- Section 3.3 Budget Meetin .................................................................. .2- Section 3.4 Notice of Meetings .............................................................. .3- Section 3.5 Owner Addresses for Notices ............................................. .3- Section 3.6 Place of Meetings ................................................................ .3- Section 3.7 Quorum of Members ........................................................... .3- Section 3.8 Adjournment of the Meeting ............................................... .4- Section 3.9 Member Voting ................................................................... .4- Section3.10 Proxies ................................................................................ .4- Section 3.11 Majority Vote ...................................................................... .4- Section 3.12 Voting Procedures ............................................................... .4- Section 3.13 Order of Business and Rules at Meeting ............................ .5- Section 3.14 Waiver of Notice ................................................................. .6- ARTICLE 4 -- EXECUTIVE BOARD ............................................................ .6- Section 4.1 Number and Term of Office ............................................... .6- Section 4.2 Qualification ....................................................................... .6- Section4.3 Election ............................................................................... .7- Section 4.4 Resignation of Directors ..................................................... .7- Section 4.5 Removal of Directors .......................................................... .7- Section 4.6 Vacancies ............................................................................ .7- Section 4.7 Compensation ..................................................................... .7- ARTICLE 5 -- MEETINGS OF THE EXECUTIVE BOARD ...................... .8- Section 5.1 Regular Meetings ............................................................... .8- Section 5.2 Special Meetings ................................................................ .8- Section 5.3 Notice of Board Meetings ................................................... .8- Section 5.4 Location of Meetings and Open Meetings .......................... .8- i IIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIiIlillllllllllllllllllll ?z09 of 70 Shelley Vano"allatln Co MT MISC 490.00 Section 5.5 Waiver of Notice ................................................................ .8- Section5.6 Quorum ............................................................................... .8- Section 5.7 Proxies for Board Meetings ................................................ .9- Section 5.8 Consent to Corporate Action .............................................. .9- Section 5.9 Telephone Communication in Lieu of Attendance ............. .9- ARTICLE 6 -- POWERS AND DUTIES OF THE EXECUTIVE BOARD -10- Section 6.1 Powers and Duties ............................................................. .10- Section 6.2 Manager ............................................................................ .12- ARTICLE 7 -- OFFICERS AND THEIR DUTIES ...................................... -12- Section 7.1 Enumeration of Offices ..................................................... .12- Section 7.2 Appointment of Officers ................................................... .12- Section 7.3 Special Appointments ....................................................... .12- Section 7.4 Resignation and Removal ................................................. .12- Section 7.5 Vacancies .......................................................................... .12- Section7.6 Duties ................................................................................ .13- Section7.7 Deli ......................................................................... .13- Section 7.8 _Aueements, Contracts, Deeds, Checks, Etc ..................... .14- Section 7.9 Statements of Unpaid Assessments .................................. .14- Section 7.10 Compensation ................................................................... .14- ARTICLE 8 -- COMMITTEES ...................................................................... .14- Section 8.1 Designated Committees .................................................... .14- ARTICLE9 --ENFORCEMENT .................................................................. .14- Section 9.1 Abatement and Enjoinment of Violations by Lot Owners -14- Section 9.2 Fines for Violation ............................................................ .15- ARTICLE 10 -- BOOKS AND RECORDS .......................:........................... -15- Section10.1 Records ............................................................................. .15- Section 10.2 Examination ...................................................................... .15- ARTICLE 11 -- INDEMNIFICATION ......................................................... -16- Section 11.1 Obligation to Indemnify .................................................... .16- Section 11.2 Determination Required .................................................... .17- Section 11.3 Payment in Advance of Final Disposition ........................ .17- Section 11.4 No Limitation of Rights .................................................... -18- Section 11.5 Directors and Officers Insurance ...................................... .18- ii 222827 Psge: I I��III�IIII III IIIII I�I��IIIIII��IIII f�l I�III�II��II) 09/2209 o 17 00P shailev Vanoo-Gallatin Co MT MISC 490.00 ARTICLE 12 -- MISCELLANEOUS ............................................................. -18- Section 12.1 Notices to the Association ................................................ .18- Section12.2 Waiver ............................................................................... .18- Section12.3 Office ................................................................................ .18- Section 12.4 Working Capital ................................................................ .18- ARTICLE 13 -- AMENDMENTS .................................................................. .19- Section 13.1 Bylaw Amendments/Vote of the Members .............I......... .19- Section 13.2 Restrictions on Amendments ............................................ .19- CERTIFICATION ........................................................................................... -20- 220?az ill illlllllillllllillllllll 1111i11 lil fill 'P Ilillillllll II Shelley Vanoa-Gallatin Co MT MISC 490.00 BYLAWS OF BAXTER MEADOWS CENTRAL PROPERTY OWNERS ASSOCIATION,INC. ARTICLE 1 INTRODUCTION, PURPOSES AND DEFINITIONS Section 1.1 Introduction. These are the Bylaws of Baxter Meadows Central Property Owners Association,Inc. (the"Association"),which Association operates under the Montana nonprofit corporate law,as amended, excluding M.C.A. 70-23-101 and applicable portions of the Montana state statutes as apply to planned communities (the"Act'), Section 1.2 Purposes. The purposes for which the Association was formed are to preserve and enhance the value of the properties of Members and to operate, govern, manage, supervise and care for the Common Interest Community and the Common Area of"Baxter Meadows Central' (the"Community"), situated in Gallatin County, State of Montana, as the Community was created pursuant to the Declaration and Map. Section 1.3 Definitions. Terms used herein shall have the meanings set forth in the Declaration, unless expressly defined herein. ARTICLE 2 MEMBERSHIP Section 2.1 Membership. Every person or entity who is a record owner of a Lot which is subject to the Declaration shall be a Member of the Association. Members shall be of such classes, if any, established by the Declarant,or established in the Declaration,as the Declaration is amended from time to time. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership of a Lot shall be the sole qualification for membership. Each Member shall be allocated votes pursuant to the Declaration. Section 2.2 Suspension of Member Rights. During any period in which a Member shall be in default in the payment of any Common Expense Assessment levied by the Association, the voting rights of such Member shall be deemed suspended by the Executive Board, without notice or hearing,until such Assessment has been paid. Voting rights and use rights of an Owner may also be suspended, after notice and the opportunity for a hearing, for a period not to exceed 60 days or during any period of violation of any other provision of the Governing Documents,whichever is greater. Page 1 of 20 Central POA Bylaws,FINAL.wpd 2202827 lillillllilllllll�I�II��III�{I 09922/2M 12000P 11�1111111111III IIll11111 Sholloy Vanog-Gallatin co MT MISC 490.00 ARTICLE 3 MEETINGS OF MEMBERS Section 3.1 Annual Meetings. An annual meeting of the Members shall be held during each of the Association's fiscal years, at such time of the year and date as determined by the Executive Board and set forth in the notice. At these meetings, the Directors shall be elected by ballot of the Members, in accordance with the provisions of these Bylaws, the Declaration and Articles. The Members may transact other business as may properly come before them at these meetings. Failure to hold an annual meeting shall not work a forfeiture or dissolution of the Association. Section 3.2 Special Meetings. Special meetings of the Association may be called by the President,by a majority of the members of the Executive Board or by the Secretary upon receipt of a petition signed by Owners comprising at least 20%of the votes in the Association. The form of notice, date,time and place of the meeting shall be determined by the Board. If a notice for a special meeting demanded pursuant to petition is not given by the Secretary within 30 days after the date the written demand or demands are delivered to the Secretary,the person signing the demand or demands may set the time and place of the meeting and give notice,pursuant to the terms of these Bylaws. Any meeting called under this Section shall be conducted by the President of the Board, or in his/her absence, a person chosen by a majority of the Board. Section 3.3 Budget Meeting. If called,meetings to consider proposed budgets may be called in accordance with the Declaration. The budget process allows for a veto by a percentage of the membership of a proposed budget adopted by the Executive Board. If a budget meeting of the Members is called, the budget process to be followed is as follows: (a) Effective the first full fiscal year after these Bylaws are adopted and become effective, and for each year thereafter, the Executive Board of the Association is to prepare and approve a proposed budget at least annually. Each such proposed budget is first prepared and approved by the Executive Board as a proposed budget. (b) Then, within 90 days after the Board of Director's adoption of the proposed budget, the Executive Board must mail or deliver a summary of the proposed budget to those entitled to vote and set a date for a special or annual meeting to consider ratification of the proposed budget. (c) Notice for the meeting at which the budget will be considered must be mailed not less than 10 days nor more than 50 days before the meeting. (d) At the meeting,unless Owners holding a majority of the total Association vote to reject the proposed budget,the proposed budget is ratified and becomes the approved budget of the Association. Page 2 of 20 Central POA Bylaws,FINAL.wpd i IIIIII IIIII Iilll IIHI III IIIIIIIIIIIiIIIIIIIIIIIIIIIIII zz02of 70 Shelley V•net-Oellatln Co MT MISC 400.00 2202827 0912212005120 111111111111 11111111111111111111111111111111111111 00P Shelley Vanoa-Gallatin Co MT MISC 420.00 (e) A quorum is not required at the meeting if the meeting is just a budget meeting. If the meeting is also an annual meeting at which other business is to be conducted, a quorum is required for other business to be conducted at the annual meeting, but not for ratification of the budget. (0 In the event the proposed budget is rejected by a majority vote, the budget last ratified is continued until such time as a subsequent budget proposed by the Executive Board is ratified. Section 3.4 Notice of Meetings. Written notice of each meeting of Members shall be given by or at the direction of the Secretary or person authorized to call the meeting,by mailing a copy of such notice,postage prepaid, or by personal delivery, at least 10 days before,but not more than 50 days before such meeting,to each Member entitled to vote, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting and, in the case of a special meeting,the purpose of the meeting. No matters shall be heard nor action adopted at a special meeting except as stated or allowed in the notice. Section 3.5 Owner Addresses for Notices. Unless an Owner shall have notified the Association by registered or certified mail of a different address, any notice required to be given, or otherwise given by the Association under these Bylaws to any Owner or any other written instrument to be given to any Owner, may be mailed to such Owner in a postage prepaid envelope and mailed by first-class,registered or certified mail to the address of the Lot shown upon the Association's records as being owned by such Owner. If more than one (1) Owner owns a particular Lot,then any notice or other written instrument may be addressed to all of such Owners and may be mailed in one envelope in accordance with the foregoing. Any notice or other written instrument given by the Association in accordance with the foregoing will be deemed to have been given on the date that it is mailed. Section 3.6 Place of Meetings. Meetings of the Members shall be held in the Community, or in the Gallatin County area, and may be adjourned to a suitable place convenient to the Members, as may be designated by the Executive Board or the President. Section 3.7 Quorum of Members. The presence at a meeting of Members, in person or by proxy, of Members entitled to cast 25% of all the votes shall constitute a quorum for any action except as otherwise provided in the Articles, Declaration and these Bylaws. If the required quorum is not present at a meeting,the Members who are present shall have power to adjourn the meeting from time to time(to a later date)without notice other than announcement at the meeting until a quorum shall be present or represented. If the required quorum is not present in person or by proxy, then Members entitled to cast at least five percent(5%) of the votes in the Association, shall, except as may be otherwise provided in the Declaration,the Articles of Incorporation or these Bylaws, constitute a quorum at such meeting. Page 3 of 20 Central POA Bylaws,FTNAL.wpd IIIII 2202827 Paw I I Ill II III 54 of 70 /22/ IIIII IIII IIII Illll I III f II Ill 0 2006 t 2.00P Shelley VanOe_Gallatln Co MT MISC 490.00 Section 3.8 Adjournment of the Meeting. By majority vote(as provided herein), any meeting of the Owners may be adjourned to another time and place or to a time and place to be designated by notice. Section 3.9 Member Voting. At all meetings of Members, each Member may vote in person or by proxy. If only one of several Owners of a Lot is present at a meeting of the Association,the Owner present is entitled to cast the vote allocated to the Lot. If more than one of the Owners is present,the vote allocated to the Lot may be cast only in accordance with the agreement of a majority of those Owners. Majority agreement exists if any one of the Owners casts the vote allocated to the Lot without protest being made promptly to the person presiding over the meeting by another Owner of the Lot. In the event of disagreement between or among co-Owners and an attempt by two or more of them to cast such vote or votes, such vote or votes shall not be counted. The vote of a corporation or business trust may be cast by any officer of that corporation or business trust in the absence of express notice of the designation of a specific person by the Executive Board or Bylaws of the owning corporation or business trust. The vote of a partnership may be cast by any general partner of the owning partnership in the absence of express notice of the designation of a specific person by the owning partnership. The moderator of the meeting may require reasonable evidence that a person voting on behalf of a corporation,partnership or business trust Lot Owner is qualified to vote. Votes allocated to Units owned by the Association may not be cast. Section 3.10 Proxies. The vote allocated to a Lot may be cast under a proxy duly executed by a Lot Owner. All proxies shall be in writing and filed with the Secretary or designee of the Association. If a Lot is owned by more than one person, each Lot Owner of the Lot may vote or register protest to the casting of the vote by the other Owners of the Lot through a duly executed proxy. In the event of disagreement between or among co-Owners and an attempt by two(2)or more of them to cast such vote or votes,such vote or votes shall not be counted. A Lot Owner may revoke a proxy given under this section only by actual notice of revocation to the person presiding over a meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates I I months after its date,unless it specifies a shorter term or a specific purpose. Section 3.11 Majority Vote. The vote of a majority of the votes present, in person or by proxy at a meeting at which a quorum is present, shall be binding upon all Lot Owners for all purposes except where a higher percentage vote is required in the Declaration,Articles,these Bylaws or by law. Section 3.12 Voting Procedures. Voting may be by voice,by show of hands,by consent,by mail,by electronic means,by directed proxy,by written ballot, or as otherwise determined by the Executive Board or the Members present at a meeting. (a) In case of a vote by mail or electronic means, the Secretary shall mail or deliver written notice to all Members at each Member's address as it appears in the records of the Association given for notice purposes. Page 4 of 20 Central POA Bylaws,FINAL.wpd 2202827 IIIIIIIIIIIIIIIIIIIIflII Pala: 66 or 70 IIIllflliillllllllllllll! 09/221200512 IIIIII .00P Shelley Vence-Gallatin Co MT MISC 490.00 The notice shall include: (i) a proposed written resolution setting forth a description of the proposed action,(ii)a statement that Members are entitled to vote by mail or electronic means for or against such proposal, (iii)a date at least 14 days after the date such notice shall have been given on or before which all votes must be received at the office of the Association at the address designated in the notice, and(iv)the number of votes which must be received to meet the quorum requirement and the percentage of votes received needed to carry the vote. Voting by mail shall be acceptable in all instances in the Declaration, Articles or these Bylaws requiring the vote of Members at a meeting. (b) The Executive Board may conduct elections of Directors by mail or electronic means, in its sole discretion, and pursuant to procedures adopted by it; provided however, that any procedures adopted shall provide for notice to Members of the opportunity to run for a vacant position and/or nominate any Member of the Association for a vacant position, subject to the nominated Member's consent. (c) In an election of Directors,the Members receiving the largest number of votes shall be elected. Section 3.13 Order of Business and Rules at Meeting. The Executive Board may establish the order of business and prescribe reasonable rules for the conduct of all meetings of the Executive Board and Lot Owners. At meetings of the Members,the Executive Board may order the business of the meeting as follows: (a) Roll call (or check-in procedure); (b) Proof of notice of meeting; (c) Reading of Minutes of preceding meeting; (d) Reports; (e) Established number and form of memberships of the Executive Board(if required and noticed); (f) Selection of inspectors/tellers to count ballots; (g) Election of Directors of the Executive Board(when required); (h) Consideration of budget and possible veto by the Owners(if required and noticed); (i) Unfinished business; and 0) New business. Failure to strictly follow Robert's Rules of Order shall not invalidate any action taken at a meeting of the Board or Members. Page 5 of 20 Central POA Bylaws,FINAL.wpd IIIIIIIIIIIIII ?z0?8z7 Illllflllllllllll II IIIIII III Illll 09!22 s 2 IIIIIIII !2@0 , .00p Shelley Vance-Oallalin Co MT MISC 490.00 Section 3.14 Waiver of Notice. Any Member may, at any time,waive notice of any meeting of the Members in writing, and the waiver shall be deemed equivalent to the receipt of notice. Attendance at the meeting shall constitute a waiver of notice unless attendance is for the express purpose of objecting to the sufficiency of the notice, in which case, such objection must be raised before the business of which proper notice as not given is put to a vote. ARTICLE 4 EXECUTIVE BOARD OF DIRECTORS Section 4.1 Number and Term of Office. The affairs of the Community and the Association shall be governed by an Executive Board which shall consist of three Members, elected or appointed as provided below(the"Executive Board"). The terms of office of Directors shall be 3 years or until such time as a successor is elected, and the terms of at least 1/3 of the Directors shall expire annually. At any meeting at which Directors are to be elected, the Lot Owners may, by resolution, adopt specific procedures which are not inconsistent with these Bylaws or the Montana nonprofit corporate law for conducting the elections. Section 4.2 Qualification. (a) Only Owners,eligible to vote, current in the payment of Assessments, and otherwise in good standing,may be elected to,or appointed to fill a vacancy on the Board. (b) If any Lot is owned by a partnership or corporation, any officer, partner or employee of that Member shall be eligible to serve as a Director and shall be deemed to be a Member for the purposes of these Bylaws. (c) Once elected,a Director may not be more than 30 days delinquent in payment of any Assessment. (d) Any Director who has un-excused absences from three consecutive Board meetings shall not be qualified to serve on the Board. (e) Once elected or appointed, each Director shall attend at least one educational program per year related to the management, operation or law of community associations. The Director shall be entitled to reimbursement of any expenses incurred in attending such educational program(s), as long as approved, in advance, by the Board of Directors. Any Director who has failed to attend an educational program as set forth in this provision shall not be qualified to serve on the Board. (f) If a Director is not qualified, the Director's position shall be deemed vacant. Page 6 of 20 Central POA Bylaws,FINAL.wpd �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIII ZZ0Z8Z 0P III Shelley Vanoe-Galletln Co MT MISC 490.00 Section 4.3 Election. The Executive Board shall be elected by the Members at the Annual Meeting. The Members may adopt specific procedures which are not inconsistent with these Bylaws or the Act for conducting the elections by written ballot. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. The Declaration shall govern appointment of Directors of the Executive Board during the Period of Declarant Control, as allowed under the Declaration. Section 4.4 Resignation of Directors. Any Director may resign at any time by giving written notice to the President, to the Secretary or to the Executive Board stating the effective date of such resignation. Acceptance of such resignation shall not be necessary to make the resignation effective. Section 4.5 Removal of Directors. (a) One or more Directors or the entire Executive Board may be removed at any meeting of the Members called pursuant to these Bylaws,with or without cause, by a vote of 67%of all Members present and entitled to vote. Notice of a meeting of the Members to remove Directors shall set forth that the meeting is being conducted for that purpose and shall be provided to every Member of the Association, including the Directors sought to be removed, as provided in these Bylaws. Directors appointed by the Declarant may not be removed by the Members under this section of the Bylaws. Directors sought to be removed shall have the right to be present at this meeting and shall be given the opportunity to speak to the Members prior to a vote to remove being taken. (b) In the event of removal of one or more Directors, a successor shall be elected by the Members at the meeting to serve for the unexpired term of his or her predecessor. Section 4.6 Vacancies. Vacancies in the Executive Board caused by any reason(other than removal) may be filled by the Executive Board at any time after the occurrence of the vacancy,even though the Directors present at that meeting may constitute less than a quorum. These appointments shall be subject to the reserved rights of Declarant to appoint Directors,unless those rights have expired, in which event, appointments shall be made by a majority of the remaining elected Directors constituting the Executive Board. Each person so appointed shall be a Director who shall serve for the remainder of the unexpired term until the next annual meeting. Section 4.7 Compensation. No Director shall receive any compensation from the Association for any service they may render as a Director, or for acting as such, unless approved by a majority of the votes in the Association at a regular or special meeting of the Association. However, any Director may be reimbursed for actual expenses incurred in the performance of Association duties on behalf of the Association upon approval of a majority of the other Directors. Nothing herein shall prohibit the Association from compensating a Director,or any entity with which a Director is Page 7 of 20 Central POA Bylaws,FINAL.wpd i r 2202827 1111111page; Go of 111iillllllill IIIIIIIIIIIIIIIIII Ill lllliii 11 llll 0912212005 1200mP Shelley Vanoe-Callatln Co MT MISC 490.00 affiliated, for services or supplies furnished to the Association in a capacity other than as a Director pursuant to a contract or agreement with the Association,provided that such Director's interest was made]mown to the Board prior to entering into such contract and such contract was approved by a majority of the Executive Board, excluding the interested Director. ARTICLE 5 MEETINGS OF THE EXECUTIVE BOARD Section 5.1 Regular Meetings. Regular meetings of the Executive Board shall be held at least twice per year at such place and hour as may be fixed by the Board, without notice. The Board may set a schedule of additional regular meetings by resolution and no further notice is necessary to constitute regular meetings, except as may be required by law. Section 5.2 Special Meeting. Special meetings of the Executive Board shall be held when called by the President of the Association or by any two Directors after not less than one day notice to each Director. The notice shall be delivered in a manner whereby confirmation of receipt of the notice is received and shall state the time,place and purpose of the meeting. Section 5.3 Notice of Board Meetings. Except as set forth in Section 5,l above, written notice of each meeting of the Board shall be given by, or at the direction of,the Secretary or person authorized to call the meeting,by mailing a copy of such notice,postage prepaid, at least three days before such meeting, or by any other means permitted by the Montana nonprofit corporate law, including,but not limited to,personal delivery, facsimile, and e-mail delivery,to each Board member entitled to vote, addressed to the Board member's address last appearing on the books of the Association, or supplied by such Board member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting. Section 5.4 . Location of Meetings and Open Meetings. All meetings of the Executive Board shall be open to attendance by Members, as provided by applicable Montana law. All meetings of the Executive Board shall be held in the Community,by conference call,electronic means or within the Gallatin County area, unless all Directors consent in writing to another location. Section 5.5 Waiver of Notice. Any Director may waive notice of any meeting in writing. Attendance by a Director at any meeting of the Board shall constitute a waiver of notice. If all the Directors are present at any meeting, no notice shall be required and any business may be transacted at such meeting. Section 5.6 Quorum. At all meetings of the Executive Board, a majority of the Directors shall constitute a quorum for the transaction of business,unless there are less than three Directors,in which case, all Directors must be present to constitute a quorum. Page 8 of 20 Central POA Bylaws,FINAL.wpd 2202827 i Illlii lllll lllll illli iilil Illlli Ililli Ili iillill II ill) 0Pam 59 of 9/2212005 12000P Shelley Vane-Gallatin Cc MT MI50 490.00 The votes of a majority of the Directors present at a meeting at which a quorum is present shall constitute a decision of the Board unless there are less than three Directors, in which case, unanimity of the Directors is required to constitute a decision of the Board. If,at any meeting,there shall be less than a quorum present,a majority of those present may adjourn the meeting. Section 5.7 Proxies for Board Meetings. For the purposes of determining a quorum with respect to a particular proposal and for the purposes of casting a vote for or against that particular proposal, a Director may execute, in writing, a proxy, to be held by another Director. The proxy shall specify either a yes, no or abstain vote on each particular issue for which the proxy was executed. Proxies which do not specify a yes, no or abstain vote shall not be counted for the purpose of having a quorum present or as a vote on the particular proposal before the Board. Section 5.8 Consent to Corporate Action, The Directors shall have the right to take any action in the absence of a meeting,which they could otherwise have taken at a meeting, by: (a) Obtaining the unanimous verbal vote of all Directors which vote shall be noted in the minutes of the next meeting of the Board and ratified at such time; (b) Obtaining the written vote of all of the Directors, with at least a majority of the Directors approving the action, provided that those Directors who vote "no"or abstain from voting have waived notice of a meeting in writing. The Secretary shall file the written votes with the minutes of the meetings of the Executive Board; (c) Any action taken under subsections(a)and(b) shall have the same effect as though taken at a meeting of the Directors. Section 5.9 Telephone Communication in Lieu of Attendance. A Director may attend a meeting of the Executive Board by using an electronic or telephonic communication method whereby the Director may be heard by the other members and may hear the deliberations of the other members on any matter properly brought before the Executive Board. The Director's vote shall be counted and his or her presence noted as if that Director were present in person on that particular matter. Page 9 of 20 Central POA Bylaws,FINAL.wpd � 2202827 09�12212005 12 00P 11111111111111 ihall�r Vanea-Gallatin Ca MT MISC 490.00 ARTICLE 6 POWERS AND DUTIES OF THE EXECUTIVE BOARD Section 6.1 Powers and Duties. The Executive Board may act in all instances on behalf of the Association,except as provided in the Declaration, Articles, these Bylaws or the Act. The Executive Board shall have,subject to the limitations contained in the Declaration, Articles and the Act, the powers and duties necessary for the administration of the affairs of the Association and of the Community, and for the operation and maintenance of the Community as a first class residential property, including the following powers and duties: (a) Exercise any other powers conferred by the Declaration,Bylaws or Articles of Incorporation; (b) Adopt and amend Bylaws and Rules and Regulations, including penalties for infraction thereof, (c) To keep and maintain full and accurate books and records showing all of the receipts, expenses, or disbursements of the Association; (d) Adopt and amend budgets for revenues,expenditures and reserves (subject to the budget being distributed to the Owners and not vetoed by the Owners at a meeting of the Owners, as that procedure is set forth in the Declaration and in these Bylaws); (e) As a part of the adoption of the regular budget the Executive Board shall include an amount which, in its reasonable business judgment,will establish and maintain a reserve fund for the replacement of those Improvements that it is obligated to maintain, based upon age,remaining life, quantity and replacement cost; (0 Allocate, assess and collect from each Owner its proportionate share of the Assessments imposed by the Association and pay those Assessments to the Association. (g) Hire and discharge managing agents,provided that any agreement for professional management of the Community may not exceed two years. Any such agreement must provide for the termination by either party without cause and without payment of a termination fee or penalty upon 60 days written notice; (h) Hire and discharge employees, independent contractors and agents other than managing agents,and prescribe their duties; (i) Institute,defend or intervene in litigation or administrative proceedings or seek injunctive relief for violations of the Governing Documents in the Association's name,on behalf of the Association or two or more Owners on matters affecting the Community; Page 10 of 20 Central POA Bylaws,FINAL.wpd 2202827 II illl Iillll I I IPage; 61 of 70 IlillIIIIIII 09/221200 Q!00P IIIIIIIIIIIIII I IIIIIIIIIIII Shelley Vanoe-Gallatln Cc MT MISC 490.00 (j) Make contracts, administer financial accounts and incur liabilities in the name of the Association; (k) Regulate the use,maintenance,repair,replacement and modifications of Common Area; (1) Cause additional improvements to be made as a part of the Common Area; (m) Acquire, hold, encumber and convey, in the Association's name and in the ordinary course of business, any right,title or interest to real estate or personal property; (n) Borrow funds and secure loans with an interest in future Assessments in order to pay for any expenditure or outlay required pursuant to the authority granted by the provisions of the recorded Declaration and these Bylaws, and to execute all such instruments evidencing such indebtedness as the Board of Directors may deem necessary and give security therefore subject to the requirements set forth in the Declaration; (o) Grant easements for any period of time, including permanent easements, and grant leases, licenses and concessions for no more than one year,through or over the Common Area; (p) Impose and receive a payment, fee or charge for services provided to Lot Owners and for the use,rental or operation of the Common Area; (q) Impose a reasonable charge for late payment of Assessments and after notice and hearing, levy reasonable fines or Assessments provided for or allowed in the Declaration,Bylaws, Rules and Regulations of the Association; (r) Impose a reasonable charge for the preparation and recording of amendments to the Declaration, liens or statements of unpaid Assessments; (s) Provide for the indemnification of the Association's Officers and the Executive Board and maintain Directors'and Officers' liability insurance; (t) Procure and maintain adequate liability and hazard insurance on property owned by the Association and as further set forth in the Declaration; (u) Cause all Directors, Officers,employees or agents having fiscal responsibilities to be bonded or insured, as it may deem appropriate and in such amounts as it may deem appropriate; (v) Exercise for the Association all powers,duties,rights and obligations in or delegated to the Association and not reserved to the membership by other provisions of the Declaration,Articles,these Bylaws or the Act; and (w) Exercise any other powers conferred by the Declaration or Bylaws. Page i l of 20 Central POA Bylaws,FrINAL.wpd IIIIII hill IIIlI IIIII II IIII I ill I 2 02 f 70 !III III II fill IIIII Ilil Shelley Vance-GallatLn Co MT MISC 490.00 Section 6.2 Mana er. The Executive Board may employ a manager, at a compensation established by the Board, to perform duties and services authorized by the Board. Licenses, concessions and contracts may be executed by the manager pursuant to specific resolutions of the Board and to fulfill the requirements of the budget. The Board shall have the authority to delegate any of the powers and duties set forth in this Article to a manager or managing agent. Regardless of any delegation to a manager or managing agent, the members of the Board shall not be relieved of responsibilities under the Declaration, Articles, these Bylaws or Montana law. ARTICLE 7 OFFICERS AND THEIR DUTIES Section 7.1 Enumeration of Offices. The Officers of this Association shall be a President,Vice President, Secretary and Treasurer, who shall at all times be members of the Executive Board, and such other officers as the Executive Board may from time to time create by resolution. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to authority in these Bylaws,and that the offices of the Secretary and Treasurer may be held by the same person.The President and the Secretary offices cannot be held simultaneously by the same person. Section 7.2 Appointment of Officers. The Officers shall be appointed by the Executive Board at the organizational meeting of each new Executive Board. The Officers shall hold office at the pleasure of the Executive Board. Thereafter,the Officers shall be elected for a one year term at the first meeting of the Executive Board following each annual meeting of the Members. Section 7.3 Special Appointments. The Executive Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period,have such authority,and perform such duties as the Executive Board may, from time to time,determine. Section 7.4 Resignation and Removal. Any Officer may resign at any time by giving written notice to the Executive Board,the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein. Acceptance of such resignation shall not be necessary to make it effective. Any Officer may be removed from office with or without cause by a majority of the Executive Board. Section 7.5 Vacancies. A vacancy in any office may be filled by appointment by the Executive Board by majority vote of the Board. The Officer appointed to such vacancy shall serve for the remainder of the term of the Officer he replaces. Page 12 of 20 Central POA Bylaws,FTNAL.wpd I. 2202827 page; 63 of 7 III 09/2212205 120 111 IN00P 1111111111111 Illlllll IIIIIII II Shelley vanoo-Gallatin Cc Mt MISC 420.00 Section 7.6 Duties. The Duties of the Officers are as follows: 7.6.1 President. The President shall have all of the general powers and duties which are incident to the office of president of a Montana nonprofit corporation including, but not limited to,the following: preside at all meetings of the Executive Board, appoint committees, and see that orders and resolutions of the Executive Board are carried out; sign all contracts,leases and other written instruments; direct, supervise, coordinate and have general control over the day to day affairs. The President may cause to be prepared and may execute amendments,attested by the Secretary, to the Declaration and these Bylaws on behalf of the Association, following authorization or approval of the particular amendment, as applicable. 7.6.2 Vice President. The Vice President shall take the place of the President and perform the President's duties whenever the President is absent or unable to act. If neither the President nor the Vice President is able to act, the Executive Board shall appoint some other Director to act in the place of the President on an interim basis. The Vice President shall also perform other duties imposed by the Executive Board or by the President. 7.6.3 Secrets . The Secretary shall have charge or shall keep the Minutes of all meetings of the Owners and proceedings of the Executive Board and the Members; serve notice of meetings of the Board and of the Members; keep appropriate current records showing the Member's names and addresses. The Secretary shall have charge of the Association's books and papers and shall perform all the duties incident to the office of secretary of a nonprofit corporation organized under the laws of the State of Montana. The Secretary may cause to be prepared and may attest to execution by the President of amendments to the Declaration and the Bylaws on behalf of the Association, following authorization or approval of the particular amendment, as applicable. 7.6.4 Treasurer. The Treasurer shall be responsible for Association funds and for keeping full and accurate financial records and books of account showing all receipts and disbursements and for the preparation of all required financial data. This Officer shall be responsible for the deposit of all monies and other valuable effects in depositories designated by the Executive Board and shall perform all the duties incident to the office of treasurer of a nonprofit corporation organized under the laws of the State of Montana. The Treasurer may endorse on behalf of the Association, for collection only, checks, notes and other obligations and shall deposit the same and all monies in the name of and to the credit of the Association in banks designated by the Association. Section 7.7 Deleization. The duties of any Officer may be delegated to the manager or another Executive Board member;provided, however, the Officer shall not be relieved of any responsibility under these Bylaws or under Montana law. Page 13 of 20 Central POA Bylaws,FINAL.wpd Illlllll220282' I IIIHI Illll lllll 11111111111111111 IIIIIIIillllll 0912irs S 12000P Shelley V+no@-Cill&tln Co MT MISC 490.00 Section 7.8 Agreements, Contracts, Deeds, Checks, Etc. Except as provided in these Bylaws, all agreements,contracts,deeds,leases, checks and other instruments of the Association shall be executed by any Officer of the Association or by any other person or persons designated by the Executive Board. Section 7.9 Statements of Unpaid Assessments. The Treasurer, assistant treasurer, a manager employed by the Association, if any, or,in their absence, any Officer having access to the books and records of the Association may prepare, certify, and execute statements of unpaid Assessments. The Association may charge a reasonable fee for preparing statements of unpaid Assessments. The amount of this fee and the time of payment shall be established by resolution of the Executive Board. Any unpaid fees may be assessed as a Common Expense against the Lot for which the certificate or statement is furnished. Section 7.10 Compensation. Compensation of officers shall be subject to the same limitations as imposed in these Bylaws on compensation of Directors. ARTICLE 8 COMMITTEES Section 8.1 Designated Committees. The Association may appoint committees, as deemed appropriate, in carrying out its purposes. Committees shall have authority to act only to the extent designated in the Governing Documents or delegated by the Executive Board. ARTICLE 9 ENFORCEMENT Section 9.1 Abatement and Enjoinment of Violations by Lot Owners. The violation of any of the Rules and Regulations adopted by the Executive Board or the breach of any provision of the Governing Documents shall give the Executive Board the right, after notice and hearing,except in case of an emergency,in addition to any other rights set forth in these Bylaws: (a) To enter the Lot in which, or as to which,the violation or breach exists and to summarily abate and remove, at the expense of the defaulting Lot Owner, any structure,thing or condition(except for additions or alterations of a permanent nature that may exist in that Lot) that is existing and creating a danger to the Common Area contrary to the intent and meaning of the provisions of the Governing Documents. The Executive Board shall not be deemed liable for any manner of trespass by this action;or (b) To enjoin,abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any breach. Page 14 of 20 Central POA Bylaws,FINAL.wpd i r 2202827 I Illlll IIIII lllll IIIII IIIII Illlll IIIIII Ill IIIII Illl IIII 09g/22 //2006 12000P Shelley Vance-Gallatin Co Mt MISC 490.00 Section 9.2 Fines for Violation. By action of the Executive Board, following notice and hearing, the Executive Board may levy reasonable fines for a violation of the Governing Documents or rules. ARTICLE 10 BOOKS AND RECORDS Section 10.1 Records. The Association or its manager or managing agent, if any, shall keep the following records: (a) An account for each Lot, which shall designate the name and address of each Lot Owner,the name and address of each mortgagee who has given notice to the Association that it holds a mortgage on the Lot,the amount of each Common Expense Assessment,the dates on which each Assessment comes due, any other fees payable by the Lot Owner,the amounts paid on the account and the balance due; (b) An account for each Lot Owner showing any other fees payable by the Lot Owner; (c) The most recent regularly prepared balance sheet and income and expense statement, if any, of the Association; (d) The current operating budget; (e) A record of any unsatisfied judgments against the Association and the existence of any pending suits in which the Association is a defendant; (f) A record of insurance coverage provided for the benefit of Lot Owners and the Association; (g) Tax returns for state and federal income taxation; (h) Minutes of proceedings of meetings of the Lot Owners,Directors, committees of Directors and waivers of notice; (i) Copies of at least the three most recent years' correspondence between the Association and Owners; and 0) A copy of the most current versions of the Declaration,Articles,Bylaws, Rules and Regulations, and Resolutions of the Executive Board, along with their exhibits and schedules. Section 10.2 Examination. The books,records and papers of the Association shall at all times, during normal business hours and after reasonable notice, be subject to inspection and copying by any Member, at their expense, for any proper purpose, except documents determined by the Board to be confidential pursuant to a written policy or applicable law. The Executive Board or the manager shall determine reasonable fees for copying. Page 15 of 20 Central POA Bylaws,FINAL.wpd 2202827 IIIIIIIIIIIIIIIIIP896: as N111 Illil IIIIII IIIIII III IIIII Ills sill of 0912212WS 12000P Shollav Vanoa-Gallatin Co MT MISC 490.00 ARTICLE 11 INDEMNIFICATION Section 11.l Obligation to Indemnify. (a) The Association shall indemnify any person: (i) Who was or is a party, or is threatened to be made a party,to any threatened,pending or completed action,suit or proceeding,whether civil, criminal, administrative or investigative(other than an action by or in the right of the Association); (ii) By reason of the fact that that person is or was a Director, Officer or committee member of the Association; (iii) Provided that the person is or was serving at the request of the Association in such capacity; (iv) But no indemnification shall be made where: (1) The person has been adjudged to be liable for negligence or misconduct in the performance of his or her duties to the Association,unless a court determines that,despite the adjudication of liability, but in view of all circumstances of the case,the person is fairly and reasonably entitled to indemnification for the expenses if the court deems proper. (b) The Association's obligation for indemnification shall include: (i) Actual and reasonable expenses(including expert witness fees, attorney fees and costs); (ii)Judgments and fines; and(iii)Reasonable amounts paid in settlement. (c) The Association shall indemnify when the person identified in subsection (a) of this Section: (i) Acted in good faith, and; (ii) In a manner which the person reasonably believed to be in the best interests of the Association, and; (iii) With respect to any criminal action or proceeding,had no reasonable cause to believe the conduct was unlawful; Page 16 of 20 Central POA Bylaws,FINAL.wpd i r (iv) To the extent that the person has been wholly successful on the merits in defense of any action,suit or proceeding as described above,the person shall be indemnified against actual and reasonable expenses (including expert witness fees, attorney fees and costs) incurred in connection with the action, suit or proceeding. Section 11.2 Determination Required. (a) The Executive Board shall determine whether the person requesting indemnification has met the applicable standard of conduct set forth above. The determination shall be made by the Executive Board: (i) By majority vote of a quorum consisting of those members of the Executive Board who were not parties to the action, suit or proceeding, or; (ii) By independent legal counsel in a written opinion if a majority of those members of the Executive Board who were not parties to the action, suit or proceeding so directs, or; (b) Additionally, the determination may be made by: (i) By a vote of the Members if a majority of those members of the Executive Board who were not parties to the action, suit or proceeding so directs. (c) Determination of any action, suit or proceeding by judgment, order, settlement or conviction, or upon a plea of nolo contendere or its equivalent, shall not of itself create a presumption that the person did not act in good faith and in a manner reasonably believed to be in the best interests of the Association and, with respect to any criminal action or proceeding, had reasonable cause to believe the conduct was unlawful. Section 11.3 Payment in Advance of Final Disposition. The Association shall pay for or reimburse the reasonable expenses as described above in advance of final disposition of the action, suit or proceeding if the person requesting indemnification provides the Executive Board with: (a) A written affirmation of that person's good faith belief that he or she has met the standard of conduct described above and; (b) A written statement that such person shall repay the advance if it is ultimately determined that he or she did not meet the standard of conduct described above. Page 17 of 20 Central POA Bylaws,FiNAL.wpd I(IIIII IIIII IIIII IIIII IIIII(IIIII(IIIII III IIIII(III 111122028201P Shelley Vanoe-Oellatln Co MT MiSC 490.00 Section 11.4 No Limitation of Rights. The indemnification provided in this Article shall not be deemed exclusive of nor a limitation upon any other rights to which those indemnified may be entitled under any bylaw, agreement,vote of the Members or disinterested members of the Executive Board, or otherwise,nor by any rights which are granted pursuant to C.R.S. § 38-33.3-101,et seq.,and the Montana nonprofit corporate law, as those statutes may be amended from time to time. Section 11.5 Directors and Officers Insurance. The Association shall purchase and maintain insurance on behalf of any person who is or was a member of the Executive Board, the manager, committee members,or anyone acting at the direction of the Board, covering defense and liability expenses arising out of any action, suit or proceeding asserted against such person by virtue of such person's actions on behalf of the Association or at the direction of the Board,whether or not the Association would have the power to indemnify such person against such liability under provisions of this Article. ARTICLE 12 MISCELLANEOUS Section 12.1 Notices to the Association. All notices to the Association or the Executive Board shall be delivered to the office of the manager, or if there is no manager, to the office of the Association, or to such other address as the Executive Board may designate by written notice to all Owners. Except as otherwise provided, all notices to any Owner shall be mailed to the Owner's address as it appears in the records of the Association. All notices shall be deemed to have been given when mailed or transmitted, except notices of changes of address, which shall be deemed to have been given when received. Section 12.2 Waiver. No restriction, condition,obligation or provision contained in these Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. Section 12.3 Office. The principal office of the Association shall be within the Community or at such other place as the Executive Board may from time to time designate. Section 12.4 Working Capital. A working capital fund is established pursuant to the Declaration. Any amounts paid into this fund shall not be considered as advance payment of Assessments. Each Unit's share of the working capital fund may will be collected and then contributed to the Association by the Declarant at the time the sale or resale of the Unit or Lot is closed or at the termination of Declarant control. Until paid to the Association, the contribution to the working capital shall be considered an unpaid Common Expense Assessment. Page 18 of 20 Central POA Bylaws,F[NAL,wpd 2202827 Ili lull lull illll l I�III�IIII1 III II�II II I 0 9122/2006r 170 2 00P l llllll II Shellev Vanua-Gallatin Cc MT MISC 490.00 ARTICLE 13 AMENDMENTS Section 13.1 Bylaw AmendmentsNote of the Members. These Bylaws may be amended only by the affirmative vote of at least 67%of the total Association vote present or represented by proxy at any regular or special meeting,provided that a quorum is present at any such meeting, provided that notice has been sent to the Members pursuant to these Bylaws, and such notice sets forth that the meeting is being conducted for the purpose of amendment. No amendment shall be made to the quorum requirement set forth in these Bylaws without the affirmative vote of a majority of the Members present, in person or by proxy, at a regular or special meeting of the Members at which a quorum, as set forth in these Bylaws, is present. Section 13.2 Restrictions on Amendments. No amendment of the Bylaws of this Association shall be adopted which would affect or impair the validity or priority of any security interest covering any Lot, or which would materially change the provisions of the Bylaws with respect to a first lien security interest or the interest of an institutional mortgagees of record. Page 19 of 20 Central POA Bylaws,F1NAL.wpd 1111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII � �2827P Shelley Vance-Gallatin Co MT MISC 400.00 CERTIFICATION I,the undersigned, do hereby certify that I am the Secretary of Baxter Meadows Central Property Owners Association, Inc., a Montana nonprofit corporation,and that the foregoing Bylaws constitute the Bylaws of said Association, as duly adopted by the Executive Board. Secretary �yJ Illlllllllllllllllilll IIl +I I �� IIIIIIIII I II I III II II��IIII ?z�?$z' 22l2008 12,00P Shelley Vanon-Gallatin Co MT MISC 490.00 r v J-410 I&rr6-a - oFrGrGC (f17-Y pF' oz A4AN Pt,ANt,JtAJG EPA.2�'rVtE�r..' 20 6-AS-7 OL4 vc s;2c8F-1- ca e 0— co m N°e n N pN Naa r � ~ C M 0 DECLARATION OF THE BAXTER MEADOWS CENTRAL CONDOMINIUMS TABLE OF CONTENTS ARTICLE 1. Page SUBMISSION/NAMES/DEFINED TERMS .......................................................................... -1- Section 1.1 Submission of Property ............................................................... .I- Section 1.2 Name and Type. .......................................................................... .I- Section1.3 Pro e . ...................................................................................... .2- Section 1.4 Define Terms..................................................................................2- ARTICLE 2. EASEMENTS .................................................................................................................:.. -3- Section 2.1 Utility,Map and Plat Easements. ................................................ .4- Section 2.2 Easements for the Association and Unit Owners. ....................... .4- Section 2.3 Emergency Easements. ............................................................... .4- Section 2.4 Utility Reservations .................................................................... .4- Section 2.5 Unit Owners'Easements of Enioyment ...................................... .5- Section 2.6 Delegation of Use ...........................................................6........... .5- ARTICLE 3. THEASSOCIATION ......................................................................................................... .5- Section 3.1 MembershiD. ............................................................................... .5- Section 3.2 General Purposes and Powers of the Association. ...................... .6- Section 3.3 Authority of the Association. ....................................................... .6- Section 3.4 Allocated Interests. ...................................................................... .6- Section 3.5 Association Agreements. ................................................... .7- Section 3.6 Indemnification. .......................................................................... -7- Section 3.7 Declarant Control. ......................................................... .... *......... .7- Section 3.8 ODtional Audited Financial Statements. ................ - Section 3.9 Designated Association Agent for Service of Process................ .7- ARTICLE 4. UNITS,COMMON ELEMENTS AND LIMITED COMMON ELEMENTS...................................................................................... .7- Section 4.1 Number of Units ......................................................................... .7- Section 4.2 Identification of Units/Unit Descri2t m ................................... .8- Section 4.3 Unit Maintenance Covenant ....................................................... .8- Section 4.4 Unit Boundaries .......................................................................... .8- Section4.5 Mold .......................................................................................... .10- Section 4.6 Inspection.Repair and Replacement of Designated Owner Maintenance Components......................................................... .10- i Section 4.7 Maintenance and Insurance Chart............................................. -II- Section 4.8 Association Maintenance ..................................I........................ -11- Section4.9 Common Elements ......................................I..............,.............. .12- Section 4.10 Limited Common Elements I I` 1 I IIIIII IIIII IIII IIIII IIII IIII�I IIIIII III IIII IIII IIII 22028128P sh►Itey vanoe-Gallatin CO MT Mt9C 603.00 ARTICLE 5. COVENANT FOR COMMON EXPENSE ASSESSMENTS .................................................. .13- Section 5.1 Creation of Association Lien and Personal Obligation to Pay Common Expense Assessments ......................................... .13- Section 5.2 Apportionment of Common Expenses ...................................... .13- Section 5.3 Annual Assessment/Commencement of Common Expense Assessments .............................................................................. .13- Section 5.4 Special Assessments ................................................................. .13- Section 5.5 Effect of Non-Payment of Assessments ................................... .14- Section 5.6 Assignment of Rents ................................................................ .14- Section 5.7 Lien Priority .............................................................................. - 3- Section 5.8 Working Fund ........................................................................... .15- Section 5.9 Owner's Negligence or Misconduct .......................................... .15- Section 5.10 Assignment of Assessments ...................................................... .16- ARTICLE 6. COVENANTS AND RESTRICTIONS ON USE,ALIENATION AND OCCUPANCY .............. .16- Section 6.1 Restrictions and Covenants of this Declaration ........................ .16- Section 6.2 Leasing and Occupancy Restrictions and Covenants ............... .16- Section 6.3 Units to be Maintained .............................................................. .17- Section 6.4 Restrictions on Animals and Pets ............................................. .17- Section 6.5 Antennae Restrictions and Covenants ...................................... .17- Section6.6 Nuisances .................................................................................. .17- Section 6.7 Vehicular Parking Storage, and Repair Restrictions and Covenants .................................................................................. .18- Section 6.8 Use of Common Elements ........................................................ .19- Section 6.9 No Annoying Lights, Sounds or Odors .................................... .19- Section 6.10 No Hazardous Activities ........................................................... .19- Section 6.11 Compliance with Insurance Requirements ............................... .19- Section 6.12 No Unsightliness ....................................................................... .19- Section 6.13 Restriction on Signs and Advertising Devices ......................... .20- Section 6.14 No Restrictions on Sale of a Unit ............................................. .20- Section 6.15 No Restrictions on Mortgaging of a Unit ................................. .20- Section 6.16 Restrictions on Structural Alterations and Exterior Improvements ........................................................................... .20- Section 6.17 Plat Restrictions ........................................................................ .20- Section 6.18 Rules and Regulation .............................................................. .20- Section 6.19 Declaranes Use ......................................................................... .20- Section 6.20 Use of the Words Baxter Meadows Central Condominiums and Baxter Meadows Central Condominium Association,Inc . -20- ii !llllll ll!l1111111l111 Ilfll IIIIII lillll 111 IIIII llll illh zzz8?8P Sha11aY Vance-Gallatin Cc MT MISC 463.00 1111(II Ilf(I 11111 Ifi(I(IIII Ifilll 11111 i11 Ilf(f IIII fl 2202828 P I I! Shelley Vance4allatln Co MT MISC 483.00 ARTICLE 7. DEVELOPMENT RicHTS AND SPECIAL DECLARANT RIGHTS ..................................... -21- Section 7.1 Development Rights and Special Declarant Rights .................. .21- Section 7.2 Additional Reserved Rights ...................................................... -22- Section 7.3 Rights Transferrabl /Rights Transferred ............................I..... .23- Section 7.4 No Further Authorizations Needed ........................................... .23- Section 7.5 Amendment of the Declaration or Man .................................... .23- Section 7.6 Interpretation.. ........................................................................... .23- Section 7.7 Construction ............................................................................. .23- Section 7.8 Termination of Reserved Rights ............................................... .23- Section 7.9 Additions by Others .................................................................. .24- ARTICLE 8. MODIFICATIONS TO UNITS .......................................................................................... .24- Section 8.1 Alterations of Units or Limited Common Elements Without a Change in Allocated Interests or Boundaries of a Unit ............ .24- Decoration of Unit .................................................................... .25- Section 8.2 Alterations of Units or Limited Common Element Balconies With a Requested Change in Allocated Interests or the ......................... Boundaries of a Unit ................................................................. .26- Section 8.3 Reply and Communication. ...................................................... .27- Section 8.4 Maintenance Responsibilities .................................................... .27- Section 8.5 Fees and Costs .......................................................................... .27- ARTICLE 9. INSURANCE/CONDEMNATION ...................................................................................... .28- Section 9.1 Insurance to be Carried by the Association .............................. .28- Section 9.2 Hazard Insurance on the Units and Common Elements ........... .28- Section 9.3 Liability Insurance .................................................................... .28- Section 9.4 Fidelity Insurance ..................................................................... .29- Section 9.5 Worker's Compensation and Employer's Liability Insurance ... -29- Section 9.6 Officers' and Directors'Personal Liability Insurance ............... .29- Section 9.7 Other Insurance ........................................................................ .29- Section 9.8 Miscellaneous Terms Governing Insurance Carried by the Association ............................................................................... .29- Section 9.9 Insurance Premium ................................................................... .30- Section 9.10 Managing Agent Insurance ....................................................... .30- Section 9.11 Waiver of Claims Against Association ..................................... .30- Section 9.12 Annual Insurance Review ......................................................... .30- Section 9.13 Adjustments by the Association ............................................... .30- Section9.14 Claims ....................................................................................... .31- Section 9.15 Duty to Repair ........................................................................... .31- Section 9.16 Condemnation and Hazard Insurance Allocations and Distributions .............................................................................. .31- Section 9.17 Insurance Assessments ............................................................. .31- Section 9.18 Payment of Claims to Delinquent Owners ................................ .31- iii ARTICLE 10. SPECIAL RIGHTS OF HOLDERS OF FIRST LIEN SECURITY INTERESTS ...................... .32- Section 10.1 General Provisions .................................................................... .32- Section 10.2 Special Rights ........................................................................... .32- Section 10.3 SMcial Approvals ..................................................................... .32- Section 10.4 Right to PU Taxes and Insurance Premiums ........................... .33- ARTICLE 11. GENERALPROVISIONS ................................................................................................. .33- Section 11.1 Comyliance and Enforcement ................................................... .33- Section 11.2 Severability ............................................................................... .35- Section 11.3 Term of Declaration .................................................................. .35- Section 11.4 Amendment of Declaration, Map or Plat by Declarant ............ .35- Section 11.5 Amendment of Declaration by Unit Owners ............................ .35- Section 11.6 Amendment Required by Mortgage Agencies .......................... .35- Section 11.7 Required Consent of Declarant to Amendment ........................ .35- Section 11.8 Required Consent of VA/FHA to Certain Amendments .......... .36- Section 11.9 Security Disclaimer ............................................................ ..... .36- Section11.10 Notices ...................................................................................... .36- Section 11.11 Captions .................................................................................... .36- Section 11.12 Interpretation ............................................................................. .36- Section 11.13 Singular includes the Plural ...................................................... .36- Section 11.14 Education and Training ............................................................. .36- Section 11.15 Validity of Amendments ........................................................... .36- EXHIBIT A DESCRIPTIONOF PROPERTY ............................................................................. .39- EXHIBIT B INITIALUNITS ...................:...................................................................................... -40- EXHIBIT C PROPERTIES OWNED BY DECLARANT WHICH MAY BE ADDED TO THE DECLARATION ......................................... .41- EXHIBIT D OTHER PROPERTIES WHICH MAY BE ADDED TO THE DECLARATION ................................................................... .42- I I IIIII!IIlII IIIII Il1il IIIlI IIIII!II I I + ??�?$28 I II!II�II IlIIlIII /22/2005 12:00P Shallay Vanaa-Callatln Cc MT MISC 493.00 � 2202828 LIIILIILLIIPago: 5 of so 0912212006 12:00P 1lLLLLILl1 L1LI[1L111� LL11 8hsll&y V&nog-G&11&tin Co MT MISC 483.00 DECLARATION OF THE BAXTER MEADOWS CENTRAL CONDOMIMUMS THIS DECLARATION is made on the date hereinafter set forth by Baxter Meadows Development LP,a Montana limited partnership,whose address is 6780 Trade Center Ave.,Billings, MT 59108 ("Declarant"). RECITALS A. Declarant is the owner of certain real estate in Gallatin County, State of Montana, which is more particularly described as set forth in Exhibit A and/or Exhibit C attached hereto and by reference made a part hereof. B. Declarant desires to create a Condominium Community on the real estate described in Exhibit A under the name of"Baxter Meadows Central Condominiums,"in which portions of the real estate described in Exhibit A, as amended and supplemented from time to time, will be designated for separate ownership and uses of a residential nature,and in which portions of the real estate described in Exhibit A are to become co-owned by the Unit Owners. C. Declarant has caused the"Baxter Meadows Central Condominium Association,Inc.," a Montana nonprofit corporation, to be incorporated under the laws of the State of Montana, as an owners' association, for the purpose of exercising the functions as herein set forth. ARTICLE 1. SUBMISSIONINAMES/DEFINED TERMS Section 1.1 Submission of Property_ . The Declarant hereby submits the real estate described in Exhibit A, and such additional real property as may be subsequently added,pursuant to the expansion rights reserved in this Declaration, together with and subject to all easements, rights, and appurtenances thereto and the buildings and improvements erected or to be erected thereon(collectively, the"Property"), to the provisions of the Unit Ownership Act, § 70-23-101, et seq., as it may be amended from time to time(the"Act") and to the terms and conditions of this Declaration. In the event the Act is repealed, the Act on the effective date of this Declaration shall remain applicable. Declarant hereby declares that all of the Property described in Exhibit A,and as added by expansion, shall be held or sold, and conveyed subject to the following easements, restrictions,covenants,and conditions. Declarant further declares that this Declaration is made for the purpose of protecting the value and desirability of the Property, that this Declaration shall run with the property and shall be binding on all parties having any right,title or interest in the Property or any part thereof, their heirs, legal representatives, successors, and assigns and shall inure to the benefit of each Unit Owner thereof. Section 1.2 Name and Type. The type of common interest community is a Condominium Community. The name of the Community is "Baxter Meadows Central Condominiums." The name of the Association is the "Baxter Meadows Central Condominium Association, Inc." Page 1 of 43 Central Condos Declarations,FINAL.wpd 1 220 of 69 111111111111111111111111111111111111111111111111111111 Shelley Vanes-Gallatin Co M? M16C 03.00 Section 1.3 Pro e . The Community is located in Gallatin County, State of Montana. The initial Property of the Community is described in Exhibit A. All easements and licenses to which the Community is presently subject are recited in Exhibit A. Additional easements may be as allowed for under the Act. The Community maybe subject to other easements or licenses granted pursuant to this Declaration, or granted by authority reserved in any recorded document or established in the Act. Section 1.4 Defined Terms. Each capitalized term in this Declaration or in the Map shall have the meaning specified or as used in the Act,unless otherwise defined in this Declaration or the context requires otherwise: (a) "Act" shall mean the Unit Ownership Act, § 70-23-101, et seq., as it may be amended from time to time. (b) "Allocated Interests" shall mean the undivided interest in the Common Elements, the Common Expense liability and the votes in the Association. (c) "Architectural Review Committee" or "Committee" or "ARC" means the committee initially established by the Declarant for the purpose of implementing the architectural review provisions of this Declaration and architectural guidelines for the Community to insure proper use, appropriate improvement, and harmonious additions, alterations and improvements within the Community. (d) "Assessment" shall include all Common Expense Assessments, insurance Assessments, utility Assessments, and any other expense levied to a Unit pursuant to this Declaration or the Act. (e) "Association"shall mean Baxter Meadows Central Condominium Association,Inc., a Montana nonprofit corporation, and its successors. (f) "Common Elements"shall mean the Property within this Community other than the Units, which portion of the Property shall be co-owned by the Owners and shall be as designated in a recorded Map and in this Declaration. (g) "Common Expenses"shall mean any expenditure made or a liability received by or on behalf of the Association, together with any allocations to reserves. (h) "Community" shall mean and refer to the Condominium Community of Baxter Meadows Central Condominiums, which Community is a Condominium Community as defined in the Act and which Condominium Community is also a common interest community. (i) "Declarant"shall mean the Declarant named in this Declaration,and any successor and/or assignee designated by written notice or assignment executed by the Declarant designated in this Declaration and executed by the transferee and recorded,to the extent any rights or powers reserved to Declarant are transferred or assigned to that party. 0) "Development Rights"or"Special Declarant Rights"shall mean those rights set forth in this Declaration and those rights, if any, set forth in the Act. Page 2 of 43 Central Condos Declarations,FINAL.wpd i I I I lil hill Iliiil 11111111111111 ill{sill 202828 I{Ili{ Illliilll Shelley Vanee-Gallatin Co MT MISC 403.00 (k) "Eligible Holder" shall mean a holder, insurer or guarantor of a first lien security interest who has delivered a written request to the Association containing its name,address, the legal description and the address of the Unit upon which it holds a security interest. (1) "Executive Board," "Board" or "Board of Directors" shall mean the body, regardless of name, designated in this Declaration to act on behalf of the Association. (m) "Garage Unit" shall mean any Unit designated as a garage space or to be used as a garage space, as shown on the Map. (n) "Governing Documents"shall mean this Declaration,the plat andMap,the Articles of Incorporation,the Bylaws,and any Rules and Regulations of the Association,as all of the foregoing may be amended from time to time. (o) "Improvement(s)" shall mean structures installed within or upon a Unit. (p) "Limited Common Elements"shall mean those portions of the Common Elements, if any, designated by Declarant or the Association for the exclusive use of one or more but fewer than all of the Units. (q) "Map" shall mean the Condominium Map of Baxter Meadows Central Condominiums, which is an engineering survey (and any supplements and amendments thereto) of the Community depicting and locating thereon the location of the buildings,the Units, the Common Elements, the floors and elevations, and all of the land and improvements thereon,which Map is incorporated herein and made a part ofthis Declaration by reference. (r) "Member"shall mean and refer to those persons entitled to membership as provided in the Bylaws and as set forth herein. (s) "Owner"or"Unit Owner" shall mean the Declarant, or any other person or entity that owns a Unit. (t) "Period of Declarant Control' shall mean the period of time commencing on the date of recordation of this Declaration and expiring on the earlier of seven years thereafter, 60 days after conveyance of 75% of the Units that may be created or made subject to this Declaration, after conveyance of those Units to Owners other than Declarant, or a builder, two years after the last conveyance of a Unit by the Declarant or a builder in the ordinary course of business or two years after any right to annex property was last exercised; provided,however,that if the Period of Declarant Control has not terminated pursuant to the foregoing provisions,the Period of Declarant Control shall in any case terminate on the date upon which all property subject to annexation to the Community has become a part of the Community and the last Unit within the Community has been conveyed by the Declarant. (u) "Property" shall mean the property described in Exhibit A, and such additional property as may be subsequently added, pursuant to the expansion rights reserved in this Declaration,together with all easements,rights,and appurtenances thereto and the buildings and improvements erected or to be erected thereon. All easements and licenses which the Community is subject to as of the date of this Declaration are recited in Exhibit A. Page 3 of 43 Central Condos Declarations,FINAL.wpd (v) "Rules and Regulations"shall mean any instruments,however identified,which are adopted by the Association for the regulation and management of the Community or for clarification of the Governing Documents,including any amendment to those instruments. (w) "Unit" shall mean a physical portion of the Community, designated for separate ownership, shown as a Unit on the recorded Map for the Community, the boundaries of which are defined in the Map and in this Declaration. ARTICLE 2. EASEMENTS Section 2.1 Utility,Map and Plat Easements. Easements for utilities and other purposes over and across the Units and Common Elements may be as shown upon a recorded plat and on the recorded Map of the Community, and as may be established pursuant to the provisions of this Declaration,or granted by or under the authority reserved in any recorded document. Section 2.2 Easements for the Association and Unit Owners. Each Unit shall be subject to an easement in favor of the Association,acting through the Executive Board(including its agents, employees and contractors) and to each Unit Owner to allow for their performance of obligations in this Declaration. On exercising this easement right, the party exercising the right shall be responsible for any resulting damages,and a lien therefore is authorized and established against that party's property, pursuant to this Declaration. The Association shall have an easement to enter a Unit to inspect for events which may be causing waste of water, heat or any other utility provided by the Association or paid as a part of the Common Expenses. If the inspection reveals that the Owner has failed to maintain the Unit so as to prevent waste of common utility services provided for as a Common Expense, the Board shall follow the procedures provided for in this Section. Section 2.3 Emergency Easements. A nonexclusive easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons, now or hereafter servicing the Community, to enter upon any part of the Community in the performance of their duties. Section 2.4 Utility Reservations. Declarant hereby creates and reserves to itself,until Declarant or any builder has sold the last Unit that may be created to an Owner other than Declarant, and, thereafter, to the Association, a blanket easement upon, across,over and under the Property, the Community and the Units for access,utilities,drainage and the installation,replacement,repair and maintenance of utilities, including but not limited to water, sewer, waste water treatment, effluent irrigation systems,gas,telephone,electricity and master television antenna or cable systems or subsequent utility as maybe desired or provided. By virtue of this blanket easement, it shall be expressly permissible for Declarant or the Association to erect and maintain the necessary facilities, equipment and appurtenances on the Property and to affix, repair, and maintain landscaping, fencing, water, treated waste water, effluent irrigation and sewer pipes, gas, electric, telephone and television wires, circuits, conduits and meters, and such other improvements or facilities. If any utility or quasi-utility company furnishing a service covered by the general easement created herein requests a specific easement,a separate right and authority to grant such easement upon, across, over or under any part or all of the Property is reserved, Page 4 of 43 Central Condos Declarations,F1NAL.wpd 220?$?8111111111111111111111111111111111111111111111111111111109/2212005 '14:mP Shelley Vane-Gallatin Co MT MiSC 403.00 ?z00 of 9 Shelley Vane-Ga11at1n Cc MT MISC 483.00 provided the easement granted does not conflict with the terms hereof. The easement provided for in this Section shall in no way affect, avoid, extinguish or modify any other recorded easement on the Property. Any damage to any improvement caused by Declarant or the Association in exercising its rights under this Section will be repaired promptly by the entity causing the damage. The foregoing, however, shall not be deemed to render the Association or Declarant liable for any damage caused by any third party, including, without limitation, any utility company. Section 2.5 Unit Owners'Easements of Enjoyment. Every Unit Owner shall have a right and easement access to their Unit and of enjoyment in and to any Common Elements and Limited Common Elements appurtenant to such Owner's Unit, and such easement shall be appurtenant to and shall pass with the title to every Unit, subject to the following provisions: (a) The right of the Association to promulgate and publish Rules and Regulations with which each Unit Owner and their tenants,invitees,licensees and guests shall strictly comply. (b) The right of the Association to suspend the voting rights and rights to use the Common Elements, including any recreational facilities,by a Unit Owner,after notice and the opportunity for a hearing, until cured or during any period of violation of any other provision of the Governing Documents, whichever is greater. (c) The right,power and authority of the Association to grant any easement, right-of- way, license, lease, dedication, transfer or conveyance or grant of any similar interest affecting the Common Elements. (d) The right of the Association to close or limit the use of the Common Elements while maintaining,repairing and making replacements in the Common Elements. (e) the right of the Board to impose reasonable membership requirements and charge reasonable membership admission or other fees for the use of any recreational facility situated upon the Common Elements and the right of the Board to permit use of any recreational facilities situated on the Common Elements by persons other than Owners,their families, lessees and guests upon payment of use fees established by the Board; (f) The Development and Special Declarant Rights of the Declarant reserved in this Declaration. Section 2.6 Delegation of Use . Any Unit Owner may delegate their right of enjoyment to the Common Elements and facilities to the members of their family, their tenants, guests, or contract purchasers who reside at their Unit. ARTICLE 3. THE ASSOCIATION Section 3.1 Membership. Every person who is a record Unit Owner of a fee interest in any Unit which is subject to this Declaration shall be a"Member"of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Unit. Ownership of such Unit shall be the sole qualification for such membership. Where more than one person holds an interest in any Unit,all such persons shall be Members. Page 5 of 43 Central Condos Declarations,FINAL.wpd Section 3.2 General Purposes and Powers of the Association. The Association, through its Executive Board, shall perform functions and manage the Community as provided in this Declaration so as to: (a) protect the value and desirability of the Community and the Units; (b) further the interests of the residents,occupants,tenants and guests of the Community and members of the Association; (c) foster a vibrant,responsive and competent Association; and (d) to promote a harmonious community and responsible leadership. Any purchaser of a Unit shall be deemed to have assented to, ratified and approved such designations and management. The Association shall have all power necessary or desirable to effectuate such purposes. Section 3.3 Authority of the Association. The business affairs of the Community shall be managed by the Association. The Association shall be governed by the Act,this Declaration,the Map,its Articles of Incorporation and Bylaws,and any Rules and Regulations adopted by the Board of Directors. All corporate powers of the Association shall be exercised by or under the authority of the Executive Board, and the business and affairs of the Association shall be managed under the direction of the Executive Board. The Executive Board may, by written resolution, delegate authority to a manager or managing agent for the Association, provided no such delegation shall relieve the Executive Board of final responsibility. Section 3.4 Allocated Interests. (a) The ownership interest, Common Expense liability and votes in the Association allocated to Units are as follows: (i) the percentage of ownership interest of the Common Elements,based on the square footage of each Unit in the Community, including Garage Units; (ii) the percentage of liability for Common Expenses, based on the square footage of each Unit in the Community,including Garage Units; (iii) the number of votes in the Association,on an equal basis for each Unit in the Community. Garage Unit Owners shall be entitled to '/2 vote for each Garage Unit owned (b) If any Unit is increased in size or reduced in size,the basis for allocating the above interests may be changed to the square footage of each Unit, at the discretion of the Declarant, within the time frame allowed in this Declaration for exercise of Reserved Development Rights. Page 6 of 43 Central Condos Declarations,F1NAL.wwpd ZLOz$?8P I lllll{illll I !I Shelley Vance-Oallatln Co MT M1SC 403.00 2202828 Page; 12 of 69 09 f 2212006 12:00P 1 11l 4}��II11��� 1Lii11111111 1�f��ii�lil I� I i�lll�ll Shelley Vame-Gallatin Co MT MISC 483.00 (c) If Units of the same size are added to or withdrawn from the Community,pursuant to the provisions of this Declaration, the formulas set forth above, or then in use, shall be used to reallocate the Allocated Interests. Section 3.5 Association Agreements. Any agreement for professional management of the Community must provide for termination by either party with or without cause and without payment of a termination fee or penalty upon 30 days'written notice.The Association shall not be bound either directly or indirectly to contracts or leases(including management contracts)entered into during the Declarant control period unless the Association is provided with a right of termination of any such contract or lease without cause,which is exercisable without penalty at any time after the turnover date upon not more than 30 days'notice to the other party thereto. Section 3.6 Indemnification. To the full extent permitted by law, each officer, director, committee member or volunteer of the Association shall be indemnified by the Owners and the Association against all expenses and liabilities including attorney fees,reasonably incurred by or imposed upon them in any proceeding to which they may be a party,or in which they may become involved, by reason of being or having been an officer, director, committee member or volunteer ofthe Association,or any settlements thereof,whether or not they are an officer,director,committee member or volunteer at the time such expenses are incurred; except in such cases wherein such officer,director,committee member or volunteer is adjudged guilty of breaching his or her duty of care in the performance of his or her duties. Section 3.7 Declarant Control, The Declarant shall have the reserved power, during the Period of Declarant Control, as defined in this Declaration, to appoint and remove officers and members of the Executive Board. Section 3.8 Optional Audited Financial Statements. The Association may determine,or an agency may request,that the Association prepare and furnish within a reasonable time an audited financial statement or financial review of the Association for the immediately preceding fiscal year. Section 3.9 Designated Association Agent for Service of Process. The Association's designated agent for service of process shall be its registered agent and registered officer, as maintained, from time to time, with the office of the Montana Secretary of State. ARTICLE 4. Units, Common Elements and Limited Common Elements Section 4.1 Number and Type of Units. The number of Units initially included in the Community is zero (0). Declarant reserves the right to create and add additional Units up to four hundred and sixty-three(463) Units or to the maximum number of Units for the properties subject to this Declaration as allowed by any governmental entity having jurisdiction. Units shall be constructed of wood or steel framing, or of brick, mortar, and or masonry, or of any combination thereof. The condominium buildings shall consist of one or more stories and shall not have basements. Page 7 of 43 Central Condos Declarations,FINAL.wpd 1111111111111(11111111 ?z�?sza II III Ilflll}1111111(IIIII0912212005 11111111 12.00P Shelley Vin04-Gallatin Co M7 M18C 483.00 Section 4.2 Identification of Units/Unit Descriptions. The identification of each Unit is shown on the Map. Every contract for sale,deed,lease, security interest,will or other legal instrument shall legally describe a Unit by its identifying Unit number,followed by the name of the Community,with reference to the Map and the Declaration. An illustrative description is as follows: Condominium Unit ,Baxter Meadows Central Condominiums, according to the Declaration recorded , 20_, at Reception No. and the Condominium Map recorded in Book ,Page_ of the records of the Clerk and Recorder, Gallatin County State of Montana, with use of the Unit restricted as provided for in the Declaration,and with the allocated interests as provided for in the Declaration(as amended of record). Reference to the Declaration and Map in any instrument shall be deemed to include any supplement(s) or amendment(s) to the Declaration and Map, without specific references thereto. Section 4.3 Unit Maintenance Covenant. (a) Unit Owners are responsible for the maintenance,repair and replacement of the Improvements and properties located within their Unit boundaries which are not specifically the obligation of the Association to maintain, replace and keep in good repair,including exteriors of windows and doors of their Unit. (b) Each Unit, at all times, shall be kept well maintained, in good repair and condition, and in a clean,sightly, and wholesome condition. (c) No bicycles,boats of any kind, sport or recreational equipment, trash, litter,junk, boxes, containers,bottles,cans, implements,machinery, lumber, building materials or any item or personal property or other items found by the Association to be objectionable to the Association shall be permitted to remain exposed upon or within any Unit,or, upon or within the Limited Common Elements, balcony,patio or deck of a Unit,or otherwise, so that the same are visible from any neighboring Unit, or any street. (d) The Association, and its agents, after 30 days notice to the Unit Owner,shall have the authority to enter, replace, maintain,repair and clean up Units which do not conform to the provisions of this Section,and to charge and collect from the Unit Owners thereof all reasonable costs related thereto as an Assessment hereunder. (e) The Board,upon written resolution, shall have the authority to require all Owners to do any act or perform any work involving portions of the Community which are the Owner's maintenance responsibility,which will, in the Board's sole discretion, conserve common utilities. Page 8 of 43 Central Condos Declarations,FINAL.,Vd 1 lllll)Illll lllll lilll IIIII Illlll Illlll Ili Illlll III llll 2202$28 Shelley Vance-Gallatin Co MT MISC 483.00 Section 4.4 Unit Boundaries. (a) The following are designated as boundaries of each Unit,as defined below and as depicted on the Map: (1) Upper Boundaries. The horizontal plane of the unfinished lower surface of the ceilings, extended to an intersection with the vertical perimeter boundaries. Space above ceilings to which access is needed for repair and maintenance of the Unit and Common Elements above the Unit are Limited Common Elements to the Unit. (ii) Lower Boundaries. The horizontal plane of the undecorated or unfinished upper surfaces of the floors, extended to an intersection with the vertical perimeter boundaries. (Ili) Vertical Perimeter Boundaries. The planes defined by the interior unfinished surface of all perimeter walls, the exterior unfinished surface of doors to the Common Elements, the exterior surface of closed exterior windows and doors, areas depicted on the Map as a deck or patio area of a Unit, and the vertical planes indicated by boundary lines as shown on the plat or Map. (b) Garage Unit Boundaries. The following are designated as the boundaries of each Garage Unit,as defined below and depicted on the Map: (i) Upper Boundaries. The horizontal plane of the unfinished lower surface of the ceilings, extended to an intersection with the vertical perimeter boundaries. (ii) Lower Boundaries. The horizontal plane of the undecorated finished upper surfaces of the garage floor extended to an intersection with the vertical perimeter boundaries. (iii) Vertical Perimeter Boundaries. The places defined by the boundary lines shown on the Map between or as a part of each garage space,including perimeter walls of areas depicted on the Map as finished inner surfaces of poured concrete or other exterior walls or an outside unfinished surface of a wall. (c) Inclusions. Each Unit includes the spaces and improvements lying within the boundaries described above, as depicted on the Map. Each Unit may also include a garage, the spaces and improvements containing utility meters water heating facilities, all electrical switches, wiring,pipes, ducts, conduits, smoke detector or security systems and communications, television,telephone and electrical receptacles and boxes serving that Unit exclusively,the surface of these items being the boundaries of that Unit, whether or not the spaces are contiguous. Page 9 of 43 Central Condos Declarations,FINAL.wpd ((Ilol ff((I llllf ll((I ?z�?8z8 (Illf fi(III!IlIII III lfl l 0a,(II I!I!f II 2212006 12.00p Sholley Vano"al.latin Co MT MISC 483.00 (d) Exclusions. Except when specifically included by other provisions of this Declaration or by the Map,the following are excluded from each Unit: the spaces and improvements lying outside the boundaries described above, support walls,the exterior finished surface of the building in which Units are located,exterior street or common lighting, and any chutes, pipes, flues, ducts, wires, conduits, skylights and other facilities running through or within any interior wall or partition for the purpose of furnishing utility and other service to other Units and the Common Elements. (e) Noncontiguous Portions. Certain Units may include special portions or pieces of equipment, such as air conditioning compressors,utility meters, meter boxes,utility connection structures, air or gas pump and storage facilities and storage portions,which are situated in buildings or structures that are detached from the Unit. Such special equipment or storage portions are a part of the Unit,notwithstanding their non-contiguity with the principal portions. Each Unit includes the spaces and improvements lying within the boundaries described above, and also includes the utilities and utility meters and communications, television,telephone and electrical receptacles and boxes serving that Unit exclusively, whether or not in the boundaries or contiguous to the Unit,unless the same are maintained by a governmental agency or entity. The Common Elements are excluded from each Unit and any utilities or other facilities running through or within any Unit for the purpose of furnishing utility and other service to other Units and/or the Common Elements are also excluded. Section 4.5 Mold. Each Owner shall be required to take necessary measures to retard and prevent mold from accumulating in the Unit, and the Common Elements, including but not limited to appropriate climate control,removal of visible moisture accumulation on windows, window sills,walls, floors, ceilings and other surfaces and cleaning of the same. No Owner shall block or cover any heating, ventilation or air conditioning ducts. Owners shall immediately notify the Board in writing of the following: (a) any evidence of water leaks, water infiltration or excessive moisture in a Unit; (b) any evidence of mold that cannot be removed by the Owner with a common household cleaner; (c) any failure or malfunction in heating, ventilation or air conditioning; (d) any inoperable doors, windows,heating,ventilation or air conditioning ducts. The receipt of notice by the Association shall not create any additional Association maintenance responsibility other than those set forth in this Declaration. Owners shall be responsible for any damage to his or her Unit and personal property,to any other Unit or the Common Elements, as well as any injury to the Owner or occupants resulting from the Owner's failure to comply with this section. Owners shall be responsible for all costs and expenses incurred by the Board to remove mold and/or damage within his or her Unit, to any other Unit or to the Common Elements if the owner fails to meet the requirements of this Section. Section 4.6 Inspection,Repair and Re lacement of Designated Owner Maintenance Components. The Board of Directors may,from time to time and after providing the Owners notice and the opportunity for comment, determine that certain portions of Units required to be maintained by Owners, or certain objects or appliances within the Units, pose a particular risk of damage to other Units and to the Common Elements if they are not properly inspected, maintained, repaired or replaced. Page 10 of 43 Central Condos Declarations,FINAL.wpd Section 4.7 Maintenance and Insurance Chart. As a Common Expense, the Association may periodically cause to be prepared a chart summarizing the repair, replacement, maintenance and insurance obligations of Owners and the Association, as outlined in this Declaration. Such repair, replacement,maintenance and insurance chart shall be provided to all Owners. Section 4.8 Association Maintenance. (a) The Executive Board of the Association shall determine the specifications,scope, extent,nature and parameters of the Association's maintenance responsibilities. (b) The Association shall be responsible for: (i) the improvement, maintenance, repair, upkeep and reconstruction, and replacement of the Common Elements; (ii) the improvement,maintenance,repair,upkeep,reconstruction, replacement and operation of the main water and sewer lines which serve more than one Unit; (iii) the provisions of common water and common sewer; (iv) trash removal; (v) snow clearing; (vi) the maintenance,repair, and replacement of certain designated perimeter fences and perimeter landscaping; (vii) the maintenance, repairs,upkeep, reconstruction and replacement of the storm drainage channels,water quality measures and storm sewers constructed as part of the Community,unless an agreement with a governmental authority provides otherwise; (viii) for the payment of expenses which may be incurred by virtue of maintenance,repair or replacement as set forth on the recorded plat and final development plan,agreement with or requirement of any local governmental authority, Gallatin County or other government authorities; and (viii) for operational expenses of the Association. (c) The Association shall have right, but not the obligation, to install water, electricity or other commonly provided utility conservation devices (including, but not limited to, toilets and shower heads)as a Common Expense of the Association and to Page l l of 43 Central Condos Declarations,FINAL."d !IIIIII illli IIIII IIIII IIIII 111111 IIIIII III IIIII I II zz�s of 69 Till I Shelley Vance-Gallatin Cc MT M1SC 493.00 require Owners to maintain such devices. If the Association installs such equipment as a Common Expense and the utility provider has a rebate program, the Association shall be entitled to the rebate. Section 4.9 Common Elements. The real estate described in the initial Map are the initial Common Elements. Section 4.10 Limited Common Elements. (a) In the event a Common Expense is associated with the maintenance, repair or replacement of a Limited Common Element, those Common Expenses may be assessed equally against the Units to which the Limited Common Element is assigned. (b) The following portions of the Common Elements are Limited Common Elements assigned to the Units as stated: (i) If a chute, flue,pipe, duct, wire, conduit,bearing wall,bearing column or other fixture lies partially within and partially outside the designated boundaries of a Unit, the portion serving only the Unit is a Limited Common Element, allocated solely to the Unit,the use of which is limited to that Unit and any portion serving more than one Unit is a Limited Common Element to those Units and any portion serving only the Common Elements is a part of the Common Elements; (ii) Any shutters, awnings,window boxes, doorsteps,stoops,porches, decks, balconies,patios, entry foyers and exterior doors and windows or other fixtures designed to serve less than all Units,located outside the boundaries of the Unit, are Limited Common Elements allocated exclusively to the Unit and their use is limited to that Unit; (iii) Stoops, steps and walls above door openings at the entrances, which provide access to less than all Units,the use of which is limited to the Units to which they provide access; (iv) Walks, fences,walls and hedges which jointly serve or lie within the boundary plane of more than one Unit or within the boundary plane of a Unit and the Common Elements shall be considered Limited Common Elements appurtenant to the Units enclosed or served; and (v) Utility areas,the use of which is limited to a Unit or Units. (c) The Association may modify Limited Common Elements without a membership vote,but only with consent of the Owner(s)to whose Unit(s)the Limited Common Element is appurtenant. Page 12 of 43 Central Condos Declarations,FINAL.%pd Iillll IIIII 111111111 lllll llllllllllllllllllllllllllil Pag220E00 169 Shousy Vanoa-canatin cc ITT MISC 483.00 ARTICLE 5. Covenant For Common Expense Assessments Section 5.1 Creation of Association Lien and Personal Obligation to Pay Common Expense Assessments. Declarant, for each Unit, shall be deemed to covenant and agree, and each Unit Owner, by acceptance of a deed therefor,whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association annual Common Expense Assessments, insurance Assessments (assessed in proportion to risk); utility Assessments (assessed in proportion to usage), and such other Assessments as imposed by the Association. Such Assessments, including fees, charges, late charges, attorney fees, fines and interest charged by the Association shall be the personal obligation of the Unit Owner of such Unit at the time when the Assessment or other charges became or fell due. The Association annual Common Expense Assessments and such other Assessments as imposed by the Association, including fees, charges,late charges, attorney fees, fines and interest charged by the Association, shall be a charge on each Unit and shall be a continuing lien upon the Unit against which each such Assessment or charge is made. If any Assessment is payable in installments, the full amount of the Assessment is a lien from the time the first installment becomes due. The personal obligation to pay any past due sums due the Association shall not pass to a successor in title unless expressly assumed by them. No Unit Owner may become exempt from liability for payment of Assessments by waiver of the use or enjoyment of the Common Elements or by abandonment of the Unit against which Assessments are made. All Assessments shall be payable in the amounts specified in the levy thereof,and no offsets or reduction thereof shall be permitted by any reason including, without limitation, any claim that the Association or the Executive Board is not properly exercising its duties and powers under this Declaration. Section 5.2 Apportionment of Common Expenses. Except as provided in this Declaration, all Common Expense Assessments shall be assessed against all Units in accordance with formulas for liability for the Common Expenses as set forth in this Declaration. Section 5.3 Annual Assessment/Commencement of Common Expense Assessments. The Common Expense Assessment may be made on an annual basis against all Units and shall be based upon the Association's advance budget of the cash requirements needed by it to provide for the administration and performance of its duties during such Assessment year. The budget may be submitted to the Unit Owners for ratification pursuant to the Bylaws, as the Bylaws may be amended from time to time. If submitted,the budget may be vetoed by votes of Owners representing a majority of the votes in the Association. Common Expense Assessments shall be due and payable in monthly, quarterly,or annual installments, or in any other manner, as determined by the Executive Board. Common Expense Assessments shall be prorated from the date of closing in which conveyance of the first Unit to a Unit Owner other than the Declarant occurs. The omission or failure of the Executive Board to levy the Assessment for any period shall not be deemed a waiver,modification or a release of the Unit Owners from their obligation to pay. Section 5.4 Special Assessments. In addition to other authorized Assessments, the Association may levy Special Assessments from time to time to cover previously unbudgeted expenses or expenses in excess of those budgeted,including,without limitation,the costs of any Page 13 of 43 Central Condos Declarations,FiNAL.wpd .Page: is of 69 2202828 Oaf 1 f� a oma Shelley Vona"4llatln Co MT MISC 483.00 1111111111111111111111111111111111111111111111111111111 220t of 09 Sholloy Yam*-Gallatin Cc MT RISC 483.00 construction,restoration, or unbudgeted repairs or replacements of capital improvements that are not covered by the general reserve fund. Except as provided for in this Section, no Special Assessment proposed by the Association shall be levied until a budget including such Special Assessment is submitted to the Unit Owners for ratification pursuant to the Bylaws, as the Bylaws may be amended from time to time. The budget may be vetoed by votes of Owners representing a majority of the votes in the Association. During the Period of Declarant Control, any proposed Special Assessment shall also require Declarant's consent. Special Assessments may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. The Board shall have the right to require that Special Assessments be paid in advance of the provision of the subject services or materials. Section 5.5 Effect of Non-Payment of Assessments. Any Assessment,charge or fee provided for in this Declaration,or any monthly or other installment thereof,which is not fully paid within 10 days after the due date thereof, as established by the Executive Board, shall bear interest at the rate established by the Executive Board,on a per annum basis from the due date, and the Association may assess a reasonable late charge thereon as determined by the Executive Board. Failure to make payment within 60 days of the due date thereof shall cause the total amount of such Unit Owner's Common Expense Assessment for the remainder of that fiscal year to become immediately due and payable at the option of the Board. The Board may, in its discretion, unilaterally reverse its prior action under this Section, thereby returning to the original payment schedule, at which point, the Member's annual Assessment for that fiscal year shall no longer be immediately due and payable. Further, the Association may bring an action at law or in equity, or both, against any Unit Owner personally obligated to pay such overdue Assessments,charges or fees, or monthly or other installments thereof,and may also proceed to foreclose its lien against such Unit Owner's Unit. An action at law or in equity by the Association against a Unit Owner to recover a money judgment for unpaid Assessments,charges or fees, or monthly or other installments thereof,may be commenced and pursued by the Association without foreclosing,or in any way waiving, the Association's lien therefor. Foreclosure or attempted foreclosure by the Association of its lien shall not be deemed to estop or otherwise preclude the Association from thereafter again foreclosing or attempting to foreclose its lien for any subsequent Assessment, charges or fees, or monthly or other installments thereof, which are not fully paid when due. The Association shall have the power and right to bid on or purchase any Unit at foreclosure or other legal sale,and to acquire and hold,lease,mortgage,vote the Association votes appurtenant to ownership thereof, convey or otherwise deal with the same. If a foreclosure action is filed to foreclose any Assessment lien, and a Unit Owner abandons or leaves vacant his or her Unit, the Board may take possession and rent said Unit or apply for the appointment of a receiver for the Unit without prior notice to the Unit Owner. The rights of the Association shall be expressly subordinate to the rights of any holder of a first lien security interest as set forth in its deed of trust or mortgage (including any assignment of rents), to the extent permitted under the Act. Section 5.6 Assignment of Rents. If a Unit is rented by its Owner,the rent is hereby pledged and assigned to the Association as security for the payment of all Assessments due by that Owner to the Association. If the Assessments owed by the Owner of a rented Unit are more than 30 days delinquent, the Board may collect, and the occupant or lessee shall pay to the Board,the rent for any Unit owned by the delinquent Owner,or that portion of the rent equal to the amount due to the Association; provided, however,the lessee need not make such payments to the Page 14 of 43 Central Condos Declarations,FINAL.wpd IIIIIIIII II Illll IIIII III IIIIIIIIIIIIIII llllllll 111111122028 28 09lz7l2mOt ,z.m 0P 9halley Vance-Gallatin Co MT MISC 463.00 Association in excess of or prior to the due date for monthly rental payments unpaid at the time of the Board's request. The Association shall send notice to the Owner by any reasonable means at least 10 days prior to initiating the collection of rent from the Owner's occupant or lessee. The occupant and/or lessee shall not have the right to question the Board's demand for payment. Payment by the occupant or lessee to the Association will satisfy and discharge the occupant or lessee's duty of payment to the Owner for rent,to the extent of the amount paid to the Association. No demand or acceptance of rent under this Section shall be deemed to be a consent or approval of the Unit rental or a waiver of the Owner's obligations as provided in the Declaration. The Board shall not exercise this power where a receiver has been appointed with respect to a Unit or Owner; nor in derogation of the exercise of any rights to rents by a holder of a first lien security interest of a Unit. If an occupant or lessee fails or refuses to pay rent to the Association as provided for in this Section, the Association shall have the right to bring an action for unlawful detainer for non- payment of rent under Montana statutes, and the costs and attorney's fees incurred by the Association in connection with that action shall be collectable from the occupant or lessee in that action, and from the Owner of the Unit in the same manner as any other Assessment under this Declaration. Section 5.7 Lien Priority. The lien of the Association under this Section is prior to all other liens and encumbrances on a Unit except: (1) liens and encumbrances recorded before the recordation of the Declaration; (2) a first lien security interest on the Unit(if allowed by the Act with regard to the limited lien priority allowed to the Association);and(3)liens for real estate taxes and other governmental assessments or charges against the Unit. This Section does not affect the priority of mechanics' or materialmen's liens. The lien of the Association under this Article is not subject to the provision of any homestead exemption as allowed under state or federal law. Sale or transfer of any Unit shall not affect the lien for said Assessments or charges except that sale or transfer of any Unit pursuant to foreclosure of any first lien security interest, or any proceeding in lieu thereof,including deed in lieu of foreclosure,or cancellation or forfeiture shall only extinguish the lien of Assessment charges as provided by applicable state law. No such sale, transfer, foreclosure,or any proceeding in lieu thereof,including deed in lieu of foreclosure,nor cancellation or forfeiture shall relieve any Unit from continuing liability for any Assessment charges thereafter becoming due,nor from the lien thereof.. Section 5.8 Workine Fund. The Association or Declarant shall require every Unit Owner of a Unit(other than Declarant)to make a non-refundable payment to the Association in an amount equal to one-fourth(1/4)of the annual Common Expense Assessment against that Unit in effect at the closing thereof,which sum shall be held,without interest,by the Association as a working fund. Said working fund shall be collected and transferred to the Association at the time of closing and shall be for the use and benefit of the Association, of the initial sale by Declarant of each Unit, as aforesaid, and shall be for the use and benefit of the Association. Such payment shall not relieve a Unit Owner from making regular payments of Assessments as the same become due. Section 5.9 Owner's Negrlignece or Misconduct. In the event that the need for maintenance,repair, or replacement of the Common Elements, or any portion thereof,is caused through or by the negligent or willful act or omission or misconduct of an Owner, or the Owner's agents,employees,guests,customers,or invitees,including,but not limited to,damage from water overflowing from a tub, hot water heater leaks, or water damage from a washing machine, Page 15 of 43 Central Condos Declarations,FINAL.wpd 111111111111 Illlllllllllllflllfillll!lIIIIlfllflllllfll 220?az$ Shelley vino.-Gallatin Co MT MISC 463.eO dishwasher or hose, then the expenses, costs, and fees incurred by the Association for such maintenance,repair,or replacement shall be a personal obligation of such Owner. If such expenses, costs,and fees incurred by the Association are not repaid to the Association within seven days after the Association shall have given notice to the Owner of such expenses, costs, and fees,then the failure to so repay shall be a default by the Owner under the provisions of this Declaration. Such expenses, costs, and fees shall automatically become a default Assessment determined and levied against such Unit, and the Association may proceed in accordance with the applicable provisions of Article 5 hereof. Section 5.10 Assignment of Assessments. The Association shall have the power to assign its right to future income, including the right to assign its right to receive Common Expense Assessments,but only upon the affirmative vote of a majority of the Unit Owners present and voting, in person or by proxy, at a meeting duly called for that purpose. ARTICLE 6. Covenants and Restrictions on Use, Alienation and Occupancy Section 6.1 Restrictions and Covenants of this Declaration. The Units shall also be subject to the following restrictions and covenants. The strict application of the following limitations and restrictions in any specific case may be modified or waived,in whole or in part,by the Executive Board or by an appropriate committee(subject to review by the Executive Board)if such strict application would be unreasonable or unduly harsh under the circumstances. Any such modification or waiver must be in writing or must be contained in written guidelines or rules. The following use restrictions are also subject to the Development Rights and Special Declarant Rights reserved by the Declarant. Section 6.2 Leasing and Occupancy Restrictions and Covenants. Any Unit Owner shall have the right to lease or allow occupancy of a Unit upon such terms and conditions as the Unit Owner may deem advisable,subject to restrictions of record and the terms of this Declaration. All leases or rental agreements shall be for a minimum period of six months, shall be in writing and shall include contact information for both the Owner and tenant,a copy of which shall be delivered to the Executive Board or the Association's managing agent prior to the effective date of the lease, and shall provide that the Iease or rental agreement is subject to, and that the tenant agrees to, the terms of this Declaration,the Bylaws of the Association,the Articles of Incorporation and the Rules and Regulations of the Association. All leases and rental agreements of Units shall state that the failure of the tenant,renter or guest to comply with the terms of the Declaration or Bylaws of the Association,Articles of Incorporation or the Rules and Regulations of the Association shall constitute a default of the Iease or rental agreement and of this Declaration and such default shall be enforceable by either the Association or the landlord,or by both of them. All occupants of a Unit shall be subject to the right of the Association to remove and/or evict the occupant for failure of the occupant to comply with the terms of the Declaration,Bylaws, Articles of Incorporation or the Rules and Regulations of the Association. If the Association requests that the Owner evict the Owner's tenant based on the terms of this Declaration,and the Owner fails to commence such action within 30 days of the date of the Association's request and notice,the Association may commence eviction proceedings. Upon failure by the Owner to comply with the Association's request to evict, the Owner has delegated and assigned to the Association,acting through the Board,the power and Page 16 of 43 Central Condos Declarations,F1NAL.wpd 12202828 I I I II Ill Illlill Il III 0Paw 22 of 9,2212M 12�OOP III!lIIIIIIIIIIIII IIIIIIIl1111 IIII Shelly Vane-Callstln Co M7 M15C 493.00 authority to evict the lessee as attorney-in-fact on behalf of and for the benefit of the Owner. If the Association evicts the lessee, any costs, including, but not limited to,reasonable attorney fees actually incurred and court costs associated with the eviction shall be an Assessment and lien against the Unit. Except as restricted in this Declaration, and such Rules and Regulations as the Association may promulgate,the right to lease or allow occupancy of a Unit shall not be restricted. Section 6.3 Units to be Maintained. Unit Owners are responsible for the maintenance, repair and replacement of the properties located within their Unit boundaries as more fully provided for in other sections of this Declaration. Section 6.4 Restrictions on Animals and Pets. Pets,including cats, dogs,birds,reptiles, or other household animals,hereinafter for brevity termed"animal," may be kept, maintained or harbored in a Unit,if the number of pets is limited to two(2),and if the animal is not a nuisance to other Owners or occupants. No Owner or resident shall maintain any animal which, in the sole discretion of the Board,is considered to be a danger to the Owners,management staff or occupants in the Community or is otherwise considered to be a dangerous breed,as may be further defined in the Rules and Regulations. If an animal is deemed a nuisance,the Owner or person having control of the animal shall be given a written notice to correct the problem. If not corrected,that Owner, upon a second written notice,will be required to remove the animal from the Community pursuant to,and in accordance with,any dispute resolution procedures as may be set forth in this Declaration or the Rules and Regulations,if any. The written notices provided for in this Section shall be issued by the authorized representative of the Association or, if there is no authorized representative then by one or more of the members of the Board of Directors of the Association. Animals may not be kept for any commercial purposes. Animals are not permitted in the recreational areas. When on the Common Elements, animals must be on a leash and under the control of the Owner of the animal. Feces left by animals upon the Common Elements, or in any Unit, must be removed promptly by the owner of the animal or the person responsible for the animal. Animals shall not be allowed to defecate or urinate on any patio or balcony in the Community. Owners shall hold the Association harmless from any claim resulting from any action of their animals. Section 6.5 Antennae Restrictions and Covenants. Exterior television, satellite or other antenna are allowed only to the extent expressly permitted under applicable federal statutes or regulations("Permitted Antennas"). Permitted Antennas shall be installed in the least conspicuous location available on the Unit which permits acceptable signals, without unreasonable delay or increase in the cost of installation,maintenance or use of the Permitted Antenna. The Association may adopt rules regarding location and installation of Permitted Antennas,subject to limitations of applicable federal law. Except as allowed by federal statutes and regulation,no exterior television or any other antennae,microwave dish, satellite dish, satellite antenna, satellite earth station or similar device of any type shall be erected,installed or maintained on a Unit. Section 6.6 Nuisances. No nuisance shall be permitted within the Community, nor any use,activity or practice which is the source of unreasonable annoyance or embarrassment to,or which unreasonably offends or disturbs,any Unit Owner or which may unreasonably interfere with the peaceful enjoyment or possession of the proper use of a Unit or Common Element, or any portion of the Community by Unit Owners. Further,no immoral,improper,offensive or unlawful use shall be permitted within the Community or any portion thereof. All valid laws,ordinances and Page 17 of 43 Central Condos Declarations,F1NAL.wpd ffllllllll{IIIIII{I fll{Illl i{flll IIIIiI III li{{{II II lilt 2203 of' Shelley v.rfoa- allatln co nr nIsc 403.00 regulations of all governmental bodies having jurisdiction over the Community or a portion thereof shall be observed. As used herein,the term"nuisance"shall not include any activities of Declarant or its assignees which are reasonably necessary to the development and construction of Improvements within this Community;provided, however,that such activities shall not reasonably interfere with any Unit Owner's use and enjoyment of their Unit, or any Unit Owner's ingress and egress to or from their Unit or a public way. (a) Articles of clothing and furnishing shall not be air-dried using exterior clothes Iines nor hung over balconies, such that such articles are visible to residents within the Association. (b) Holiday decoration must be removed or made invisible no later than 30 days afterthe date of the respective holiday. Section 6.7 Vehicular Parking, Storage, and Repair Restrictions and Covenants. (a) Vehicular parking upon the Common Elements and Limited Common Elements shall be regulated by the Board of Directors. (b) Each parking area may be subject to designation of individual spaces as a Limited Common Element appurtenant to certain designated Units. Parking designated as visitor or guest parking shall not be used by Owners or their family members residing with them. All other parking spaces shall be used by the Owners for self-service parking purposes on a "first come,first served"basis;provided, however,that no Owner shall park more than one (1) vehicle(owned or leased by such Owner, a member of his or her family or occupant of his or her Unit) on the Common Element parking spaces without the prior written consent of the Board of Directors. While any buildings udder construction or completed are owned by Declarant, use of the parking spaces adjacent to that building may be restricted to Declarant's use for construction and sales purposes. (c) The following vehicles may not be parked or stored within the Community, unless such parking or storage is parked in a garage or Garage Unit or is authorized in writing by the Executive Board of the Association: oversized vehicles,trailers,camping trailers,boat trailers,hauling trailers,boats or accessories thereto,self-contained motorized recreational vehicles, or other oversized types of vehicles or equipment as prohibited by rule or regulation. Any such oversized vehicle may be parked as a temporary expedience (for up to four hours)for loading, delivery of goods or services,or emergency. Overnight parking of these vehicles is prohibited. This restriction shall not apply to trucks or other commercial vehicles temporarily located within the Community which are necessary for construction or for the maintenance of the Common Elements, Units, Limited Common Elements or any Improvement located thereon. (d) No abandoned or inoperable automobiles or vehicles of any kind shall be stored or parked within the Community. An "abandoned or inoperable vehicle" shall be defined by Montana statutes governing inoperable or abandoned vehicles on public streets,or as defined by rule or regulation adopted by the Executive Board of the Association. In the event that the Association shall determine that a vehicle is an abandoned or inoperable vehicle, then a written notice describing said vehicle shall be personally mailed to the Unit Owner thereof Page I8 of 43 Central Condos Declarations,FINAL.wpd I Ill illlfli II IIII �z@282Sp i I IIIII IIIII IIIIII Illll fllllllllllllll Shelley Vanoe-Cellatln Co MT M1SC 483.00 or shall be conspicuously placed upon the vehicle. If the abandoned or inoperable vehicle is not removed within 72 hours after providing such notice, the Association shall have the right to remove the vehicle,and the owner thereof shall be solely responsible for all towing and storage charges. (e) No activity such as,but not limited to,repair,rebuilding,dismantling,repainting,or servicing of any kind of vehicle, trailer or boat, may be performed or conducted in the Community, unless conducted inside of a garage and out of site of the Community. (f) Garages,Garage Units and designated parking spaces(designated as a part of a Unit, a Limited Common Element or as a part of Common Elements) are restricted to use for access or as a parking space for vehicles. (g) The conversion or alteration of garages or Garage Units into living areas, storage areas, work shop areas, or any other modification or alteration of the garages or Garage Units which would hinder, preclude or prevent the parking of the number of vehicles for which the garage or Garage Unit was originally designed is prohibited,without the written consent of the Architectural Review Committee and the Association. (h) Parking in fire lanes (as designated by the Association or as designated by local government or a local fire protection authority)shall not be permitted. Section 6.8 Use of Common Elements. There shall be no obstruction of the Common Elements, nor shall anything be kept or stored on any part of the Common Elements without the prior written approval of the Association. Nothing shall be altered on, constructed in, or removed from the Common Elements without the prior written approval of the Association. Section 6.9 Restrictions on Annoying Lights,Sounds,Odors and Holiday Decorations. No light shall be emitted from any portion of the Community which is unreasonably bright or causes unreasonable glare,and no sound or odor shall be emitted from any portion of the Community which would reasonably be found by others to be noxious or offensive. Without limiting the generality of the foregoing,no exterior spot lights,searchlights,speakers, horns,whistles,bells or other light or sound devices shall be located or used on any portion of the Community except with the prior written approval of the Executive Board. Holiday and seasonal decorations mustbe removed within 30 days of such holiday or such other time as determined by the Board. Section 6.10 No Hazardous Activities. No activity shall be conducted on any portion of the Community which is or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon any portion of the Community and no open fires shall be lighted or permitted on any portion of the Community. Section 6.11 Compliance with Insurance Requirements. Except as may be approved in writing by the Executive Board,nothing shall be done or kept on the Community which may result in a material increase in the rates of insurance or would result in the cancellation of any insurance maintained by the Association. Section 6.12 No Unsi htliness. All unsightly conditions, structures, facilities, equipment, objects and conditions shall be enclosed within an approved structure. Page 19 of 43 Central Condos Declarations,FINAL.wpd 111111111111111111111111111111111111111111111111 2@2828Plllllll Shelley Vance-Gallatin Cc MT MISC 483.00 Section 6.13 Restriction on Signs and Advertising Devices. No sign,poster,billboard, , advertising device or display of any kind shall be erected or maintained anywhere within the Community except such sign or signs as may be approved in writing by the Executive Board. Section 6.14 No Restrictions on Sale of a Unit. The right of a Unit Owner to sell, transfer or otherwise convey their Unit shall not be subject to any right of first refusal or similar restriction and such Unit may be sold free of any such restrictions. Section 6.15 No Restrictions on Mortgaging of a Unit. There are no restrictions on the right of the Unit Owners to mortgage or otherwise encumber their Unit. There is no requirement for the use of a specific lending institution or particular type of lender. Section 6.16 Restrictions on Structural Alterations and Exterior Improvements. No structural alterations to any Unit or any Common or Limited Common Elements shall be done by any Owner, without the prior written approval of the Architectural Review Committee and Association. No Improvement to the exterior of a building which includes a Unit or to the Common Elements or to any landscaping shall be constructed, erected, placed or installed within the Community unless complete plans and specifications thereto shall have been first submitted to and approved in writing by the Architectural Review Committee and Association. Section 6.17 PI at Restrictions. The restrictions,if any,included on the plat for the Property are incorporated herein by this reference. Section 6.18 Rules and Regulations. In furtherance of the provisions of this Declaration, and the general plan, Rules and Regulations concerning and governing the Community or any portion thereof may be adopted,amended, or repealed from time-to-time by the Executive Board, or its successors and assigns. The Executive Board may establish and enforce penalties for the infraction thereof. Section 6.19 Declargnt's Use. Notwithstanding anything to the contrary contained in this Declaration, it shall be expressly permissible for Declarant, its assigns, employees and agents, to perform such reasonable activities,and to maintain upon portions of the Community such facilities as deemed reasonably necessary or incidental to the construction and sale of Units in the development of the Community, specifically including, without limiting the generality of the foregoing, the maintenance of temporary business offices, storage areas, trash bins, construction yards and equipment, signs, model units, temporary sales offices, parking areas and lighting facilities. Section 6.20 Use of the Words Baxter Meadows Central Condominiums and Baxter Meadows Central Condominium Association,Inc. No resident shall use the words Baxter Meadows Central Condominiums or Baxter Meadows Central Condominium Association,Inc.or the logo of the Community or Association, if any, or any derivative thereof, in connection with any goods, materials or services, the use of which is likely to cause confusion, mistake or deception as to the source or origin of such goods, materials or services, without the prior written consent of the Association. Page 20 of 43 Central Condos Declarations,F1NAL.wpd 2207828 IlI�([llll�ll lIIIIII{11Ij 09/22/2006or 69 1 2,00P Sh*114y Vane-0*116t1n Co MT MISC 403.00 ARTICLE 7. DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS Section 7.1 Development Rights and Special Declarant Rights. (a) The Declarant reserves,through seven years after the recording of this Declaration, the following Development Rights and Special Declarant Rights: (i) the right to redesignate uses,to relocate boundaries between adjoining Units, enlarge Units,enlarge the Common Elements,reduce or diminish the size of Units, reduce or diminish the size of areas of the Common Elements, subdivide Units or complete or make improvements, as the same may be indicated on Maps or plats filed of record or filed with the Declaration; (ii) to designate portions of Common Elements as a part of a Unit or as a Limited Common Element to a Unit; (iii) the right to create or construct additional Units, Common Elements and Limited Common Elements,to subdivide Units and to convert Units into Common Elements or to convert Common Elements into Units; (iv) the right to add Units and to subject all or any part of the property described in Exhibit C and Exhibit D attached hereto and hereby incorporated by reference upon the substantial completion of improvements on any portion of that property; (v) the right to amend the use restrictions included in this Declaration,together with the right to add new use restrictions; (vi) the right to withdraw all or any part of the Property from the Community, provided portions of the Property included within a building cannot be withdrawn once a Unit in that building has been conveyed; (vii) the right to make amendments to the Declaration or other Governing Documents to meet or comply with any requirements of FHA or VA; (viii) the right to exercise any development rights reserved or allowed in the Act; (ix) the right to use,and to permit others to use,easements through the Common Elements, as may be reasonably necessary; (x) the right to merge or consolidate the Community with another Community; (xi) the right to appoint or remove any officer of the Association or any Director during the Declarant Control period; (xii) the right to exercise any additional reserve right created by any other provision of this Declaration; (xiii) the right to amend the Declaration in connection with the exercise of any development right; and (xiv) The right to amend the Maps or plat in connection with the exercise of any development right. Page 21 of 43 Central Condos Declarations,FINAL,wpd 12202828 111111811 IIIIIIIIII 02/22/200S 129 11111lllllll 00P 111llllli IIIIIIIII Ill 6hallay Vanoa—Gallatin Cc MT MISC 493.00 (b) As to the properties described in Exhibit C and Exhibit D, Declarant makes no assurances concerning the construction, building types, architectural style and/or size of Units as may be created; provided, however, that the quality of construction will be consistent with the improvements constructed on the property described in Exhibit A. (c) Subsequent to the initial Property and Improvements made subject to this Declaration,any additional buildings,structures and types of Improvements to be placed on the Property or any part thereof may be of such quality and type as the persons developing the same may determine, and those Improvements need not be of the same quality or type as the Improvements previously constructed on the Property, nor of the same size, style or configuration. The Improvements may be located anywhere in the Common Elements of the Community,the same being reserved for future development,or on the additional Property as may be added or as shown on the Map. Section 7.2 Additional Reserved Rights. In addition to the rights set forth above, Declarant also reserves the following additional rights: (a) Sales. The right to maintain mobile and other sales offices, parking lots, management offices and models in Units or on the Common Elements. (b) Signs. The right to maintain signs and advertising on the Community,to advertise the Community or other communities developed or managed by or affiliated with the Declarant. (c) Dedications. The right to establish,from time-to-time,by dedication or otherwise, public streets,utility and other easements for purposes including,but not limited to,public access,access paths,walkways,drainage,recreation areas,parking areas,ducts,shafts,flues, conduit installation areas, and to create other reservations, exceptions and exclusions. (d) Use Agreements. The right to enter into, establish, execute, amend, and otherwise deal with contracts and agreements for the use, lease,repair,maintenance or regulations of parking and/or recreational facilities and/or Common Elements, which may or may not be a part of the Community. (e) Construction Easement. Declarant and its assignees expressly reserve the right to perform warranty work,and repairs and construction work,and to store materials in secure areas, in Units and in Common Elements, and the future right to control such work and repairs and the right of access thereto,until completion. All work may be performed without the consent or approval of any Unit Owner or holder of a security interest. Declarant and its assignees have such an easement through the Common Elements as may be reasonably necessary for exercising reserved rights in this Declaration. Such easement includes the right to construct underground utility lines,pipes,wires,ducts,conduits,and other facilities across the Property. (0 Access Easement. Declarant and its successors and assigns shall have an access easement to and from and real property accessible through the Community. (g) Other Rights. The right to exercise any additional reserved right created by any other provision of this Declaration. Page 22 of 43 Central Condos Declarations,FINAL.wpd I Illlll lull I(III Ili(f(IIII Illlli II(III I(I IIIII(I it(III zz�z$?$P 8ha11*Y Vance-Gal Latin Co MT MISC 40.00 Section 7.3 Rights Transferrable/Rights Transferred. Any rights created or reserved under th is Article or the Act for the benefit of Declarant may be transferred to any person by an instrument describing the rights transferred recorded in the real property records of Gallatin County. Such instrument shall be executed by the transferor Declarant and the transferee. Any rights created or reserved under this Article or the Act for the benefit of Declarant may also be transferred to the Association by an instrument describing the rights transferred recorded in the real property records of Gallatin County. Such instrument shall be executed by the transferor Declarant and the Association as transferee. Section 7.4 No Further Authorizations Needed. The consent of Unit Owners or holders of security interests shall not be required for exercise of any reserved rights, and Declarant or its assignees may proceed without limitation at its sole option. Declarant or its assignees may exercise any reserved rights on all or any portion of the property in whatever order determined. Declarant or its assignees shall not be obligated to exercise any reserved rights or to expand the Community beyond the number of Units initially submitted. Section 7.5 Amendment of the Declaration or Man. If Declarant or its assignees elect to exercise any reserved rights, that party shall comply with applicable provisions of the Act. Section 7.6 Interpretation. Recording of amendments to the Declaration and the Map or plat pursuant to reserved rights in this Declaration shall automatically effectuate the terms and provisions of that amendment. Further, such amendment shall automatically (a) vest in each existing Unit Owner the reallocated Allocated Interests appurtenant to their Unit, and (b)vest in each existing security interest a perfected security interest in the reallocated Allocated Interests appurtenant to the encumbered Unit. Further, upon the recording of an amendment to the Declaration,the definitions used in this Declaration shall automatically be extended to encompass and to refer to the Community as expanded and to any additional Improvements,and the same shall be added to and become a part of the Community for all purposes. All conveyances of Units after such amendment is recorded shall be effective to transfer rights in all Common Elements,whether or not reference is made to any Amendment of the Declaration Map. Reference to the Declaration and Map in any instrument shall be deemed to include all Amendments to the Declaration,and the Map without specific reference thereto. Section 7.7 Construction. Subsequent to the initial Property and improvements made subject to this Declaration, any additional buildings, structures and types of improvements to be placed on the Property or any part thereof maybe of such quality and type as the persons developing the same may determine, and those improvements need not be of the same quality or type as the Improvements previously constructed on the Property,nor of the same size,style or configuration. The improvements may be located anywhere in the Common Elements of the Community,the same being reserved for future development,or on the additional Property as may be added or as shown on the Map. Section 7.8 Termination of Reserved Rights. The rights reserved to Declarant, for itself, its successors and assigns, shall expire as set forth above or in the Act, unless (i) reinstated or extended by the Association,subject to whatever terms, conditions,and limitations the Executive Page 23 of 43 Central Condos Declarations,FINAL,wpd 2202928 page: 20 of G9 `II00/22/2005 f2;00P III 1111111111111 II III II II IIII I 1f II 111I Shelley Vance-Gallatin Co MT MISC 4W,00 Board may impose on the subsequent exercise of the expansion rights by Declarant, (ii)extended as allowed by law or,(iii)terminated by written instrument executed by the Declarant,recorded in the records of the Clerk and Recorder of Gallatin County, State of Montana. Section 7.9 Additions by Others. Additions of Units to the Community may be made by others than the Declarant, upon approval of the Association pursuant to a vote of a majority of a quorum of its members and upon approval of 2/3 of the Eligible Holders of first lien security interests. Such approval by the members and Eligible Holders of first lien security interests shall be evidenced by a certified copy of such resolution of approval and a supplement or amendment to this Declaration, both recorded in records of the Clerk and Recorder of Gallatin County, State of Montana. ARTICLE 8. MODIFICATIONS TO UNITS Section 8.1 Alterations of Units or Limited Common Elements Without a Chance in Allocated Interests or Boundaries of a Unit. Subject to the requirements of any prior approval of the DRB under the Master Declaration,Owners shall have the right,with written approval from the Board, and subject to the provisions of this Article,to make the following alterations to their Units or Limited Common Elements: (a) Interiors. Owners have the right to make any improvements or alterations to the interior of his or her Unit as provided for in this Article. (i) Decoration of Unit. The rights and restrictions in this Article shall not be construed to restrict a Member's right to decorate his or her Unit as he or she should so determine; provided,however, that to the extent such decoration is visible from the exterior of any Unit and detracts,in the reasonable judgment of the Board,from the aesthetic or architectural integrity of the Community, the Member may be required to undertake such reasonable measures as the Board may determine to eliminate such detraction. (ii) Nonstructural and Structural Interior Alterations. The rights and restrictions in this Article shall not be construed to restrict a Member's right to move,remove, alter or change any interior,nonstructural wall or partition,or change the use and/or designation of any room within his or her Unit;provided,however,that such change shall not affect the structural integrity of the Community or mechanical or utility systems of the Community. No structural alterations to any Unit or any Common or Limited Common Elements shall be done by any Owner, without the prior written approval of the Association. (iii) Adjoining_Units. Owners have the right,after acquiring an adjoining Unit or an adjoining part of an adjoining Unit,to remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a Common Element, all as provided for in this Article. Page 24 of 43 Centra[Condos Declarations,FINAL.wpd I l 2202828 illllllillillllll Ill/11111 I II Page:0D12212005 12D00P Illliiilllll Ill Illlllllll Shelley Vanog-CMllatin Co MT M1SC 493.00 (b) Exteriors. Owners have the right to make improvements or alterations to the exterior Limited Common Element balcony, patio or deck area, as provided for in this Article and with approval of at least 67% of the votes in the Association, and approval by the Architectural Review Committee. (c) Limitations. Rights of Owners under the prior provisions are limited by the following restrictions: (i) General Restriction. The alterations and modifications can not impair the structural integrity, electrical systems, mechanical systems, utilities, lessen the support of any portion of the Community, enclose a Limited Common Element as improved interior space or as a part of a Unit or violate any of the provisions of this Article. (ii) Exterior Changes. No balcony, porch, garden or yard enclosure, awning, screen, sign, banner or other device, and no exterior change, addition, structure, projection, decoration or other feature shall be erected, applied to,placed upon or attached to any Unit,or any part thereof or upon any Common or Limited Common Elements without, in each instance,written approval of the Association. (iii) Painting and Decals. No painting, attaching of decals or other decoration shall be done on any exterior part or surface of any Unit, or on the interior surface of any window without written approval of the Association, except for holiday decorations, displays,flags and/or signs, which shall be expressly allowed,subject to the Board's discretion. (d) Application and Approval Requirements. All changes allowed for under the above authority may only be made by the Owners of those Units,as applicant,after application to and approval by the Architectural Review Committee and Association. The application and approval process shall include at least the following: (i) Signatures. The signatures of all of the Owners of the Units that are proposed to have changes must be on the application; (ii) Representations. The Owners must represent and warrant that the proposed modifications do not affect the structural integrity, electrical systems, mechanical systems,utilities,lessen the support of any portion of the Community or violate any of the provisions of this Article; (iii) Contents of the Application. The application must contain at least the following; (1) evidence sufficient to the Board that the applicant has complied with and/or will comply with all local rules and ordinances and that the proposed changes do not violate the terms of any document evidencing a security interest of a lender in any of the applicant's Units; Page 25 of 43 Central Condos Declarations,F1NAL.wpd Paget 31 of 2202828 09/22/2005 12900P Shelley Vanoe-Gallatin Cc MT MISC 493.00 (2) all necessary and proper permits and approvals from the appropriate governmental authorities have been or will be obtained; (3) proof that the contractor(s) of the Owner is/are licensed and adequately insured; and (4) such other information as may be reasonably requested by the Association. (iv) Agreement May Be Required. The Board may require the Owner's written agreement (in the form required by the Association)providing for the following: (1) for the Owner to be responsible, now and/or in the future, for any structural deficiencies or problems, electrical deficiencies or problems, mechanical structural integrity, electrical systems, utility or mechanical deficiencies or problems or problems associated with a lessening of support of any portion of the Community, or for violations of any of the provisions of this Article, all as may reasonably be determined by the Association; (2) for the Owner's agreement to be responsible for ongoing maintenance, repair, replacement and improvement of any or all of the proposed additions/modifications of the Owner. The Association may require Owners to be responsible for all or some of the maintenance,repair, replacement and improvement of the proposed modifications; (3) for the Owner's payment of the fees and costs of the Association, together with a deposit against fees and costs which the Association will incur in reviewing and effectuating the application, in an amount reasonably estimated by the Board, in advance of any billing for costs and expenses of the Association; (4) for reasonable advance notice by the Owner for the work to be performed, from the Owner or from the Owner's contractor; and (5) satisfaction of all conditions as may be reasonably imposed by the Board. Section 8.2 Alterations of Units or Limited Common Element Balconies With a Requested Change in Allocated Interests or the Boundaries of a Unit. Subject to the requirements of any prior approval of the DRB under the Master Declaration,and subject to the provisions of this Article,the following changes may be made,after application to the Association by the Owners of those Units and written approval by the Association: (a) BoundaryChans?e. Boundaries between adjoining Units maybe changed as provided for in this Article. Page 26 of 43 Central Condos Declarations,FINAL.wpd I IIINf IIlI I III IIlIf IIIf i I! II III II IIf IIIfI Ilff I ! ? @2$28P I f III II bh�ll�y latln Ca MT MISC 483.00 (b) Conversion of Limited Common Element to Unit. Boundaries of a Unit,to include a former Limited Common Element balcony or deck on which an Owner has been approved to make alterations (as provided for in this Section of this Article), may be changed, as provided for in this Article and with approval of at least 67%of the votes in the Association. (c) Limitations. No relocation of boundaries between adjoining Units shall be effected without the necessary amendments to the Declaration and Map, as provided for in this Article with those amendments, executed and recorded by the Association. (d) Application and Approval Requirements. The Owners of the Units,as the applicant, must submit an application to the Association,which must be approved by the Association before the Owner proceeds, including all of the criteria set forth above and the following additional items set forth below and must also enter into an agreement with the Association, including the items set forth above: (i) Re-allocations. The proposed reallocation of interests, if any, which may include a re-allocation of Common Expense liability, to account for an increase in size to the Unit or Units of the Owner, if sought by the applicant or required by the Association; and (h) Forms of Amendments. The proposed form for amendments to this Declaration,including the Map,as may be necessary to show the altered boundaries, and their dimensions and identification. Section 8.3 Reply and Communication. The Association shall reply to all submittals of plans made in accordance with this Article in writing within 60 days after receipt. In the event the Association fails to take any action on submitted plans and specifications within 60 days after the Association has received the plans and specifications,approval shall be deemed denied. Yet,the Owner shall have a right of appeal to the Association. All communications and submittals shall be addressed to the Association at such address as is the registered address for the Association as maintained with the office of the Montana Secretary of State. Section 8.4 Maintenance Responsibilities. For all modifications made to a Unit by an Owner, whether made under the authority and with the approvals under this Article, or whether made previously or without approvals required under this Article,the Owner shall be responsible for maintenance, repair and replacement of all modifications unless the Association expressly assumes any of those responsibilities in writing. Section 8.5 Fees and Costs. Owners shall be obligated to pay all fees and costs incurred by the Association in reviewing and effectuating an Owners's application,whether by deposit, or subsequent invoice from the Association. Page 27 of 43 Central Condos Declarations,FINAL.wpd 2202828 33o62 II shalley Vence-Gallatin Cc MT MISC 493.00 ARTICLE 9: INSURANCE/CONDEMNATION Section 9.1 Insurance to be Carried by the Association. The Association shall obtain and maintain in full force and effect,to the extent reasonably available and at all times,the insurance coverage set forth herein and as may be set forth in the Act, which insurance coverage shall be provided by financially responsible and able companies duly authorized to do business in the State of Montana commencing not later than the time of the first conveyance of a Unit to a person other than Declarant, or the first occupancy of a Unit. Section 9.2 Hazard Insurance on the Units and Common Elements. The Association shall obtain adequate hazard insurance covering loss,damage or destruction by fire or other casualty to the improvements, installed or made to Units and to the Common Elements and the other property of the Association. Insurance obtained on the Units is not required to include improvements and betterments installed by Unit Owners. If coverage purchased by the Association includes improvements and betterments installed by Unit Owners,the cost thereof shall be assessed to each Unit in proportion to risk. All blanket hazard insurance policies shall contain a standard non- contributory mortgage clause in favor of each holder of first lien security interests, and their successors and assigns, which shall provide that the loss, if any thereunder, shall be payable to the Association for the use and benefit of such holders of first lien security interests, and their successors and assigns, as their interests may appear of record in the records of the office of the Clerk and Recorder of Gallatin County, State of Montana. If obtainable,the Association shall also obtain the following and any additional endorsements deemed advisable by the Executive Board: (a) an Inflation guard endorsement, (b) a Construction Code endorsement, (c) a demolition cost endorsement, (d) a contingent liability from operation of building laws endorsement, (e) an increased cost of construction endorsement, and/or(f) any special PUD endorsements. Section 9.3 Liability Insurance. The Association shall obtain adequate comprehensive policy of public liability and property damage liability insurance covering the Common Elements in such limits as the Board may determine from time-to-time, but not in any amount less than $1,000,000 per injury,perperson,and per occurrence,and in all cases covering all claims for bodily injury or property damage. Coverage shall include,without limitation,liability for personal injuries, operation of automobiles on behalf of the Association, and activities in connection with the ownership, operation,maintenance and other uses of the Community. All liability insurance shall name the Association as the insured. If there are steam boilers in operation on the Community,or if the Community has central heating or cooling, there must be in force boiler explosion and machinery coverage insurance providing for not less than $1,000,000 per accident, per location. Additionally,for such times,if any,as the Declarant has the reserved development right to expand the Community by adding additional Units,the Declarant shall purchase,at Declarant's expense,an additional general liability insurance policy for the benefit of the Association,existing Unit Owners and existing holders of first lien security interests. Page 28 of 43 Central Condos Declarations,FFNAL.wpd I I!l111 lIII!1111111111 I( 22e2of 8z8 !!I!!II!lIIII!!II I!I I!I!IIlI I!!I 0 22/2008 12.00P $h*11GV Van04-06114tln Co MT RISC 403.00 Section 9.4 Fidelity Insurance. The Association shall obtain adequate fidelity coverage or fidelity bonds to protect against dishonest acts on the parts of its officers,directors,trustees and employees and on the part of all others who handle or are responsible for handling the funds of the Association, including persons who serve the Association with or without compensation. The fidelity coverage or bonds should be in an amount sufficient to cover the maximum funds that will be in the control of the Association, its officers, directors,trustees and employees. Section 9.5 Worker's Compensation and Employer's Liability Insurance. The Association shall obtain worker's compensation and employer's liabil ity insurance and all other similar insurance with respect to its employees in the amounts and forms as may now or hereafter be required by law. Section 9.6 Officers'and Directors'Personal Liabili Insurance. The Association shall obtain officers'and directors'personal liability insurance to protect the officers and directors from personal liability in relation to their duties and responsibilities in acting as officers and directors on behalf of the Association. Section 9.7 Other Insurance. The Association may obtain insurance against such other risks, of similar or dissimilar nature, including flood insurance, as it shall deem appropriate with respect to the Association responsibilities and duties. Section 9.8 Miscellaneous Terms Governing Insurance Carried by the Association. The Association shall maintain,to the extent reasonably available,insurance policies with the following terms or provisions: (a) All policies of insurance shall contain waivers of subrogation and waivers of any defense based on invalidity arising from any acts of a Unit Owner and shall provide that such policies may not be canceled or modified without at least 30 days'prior written notice to all of the Unit Owners,holders of first lien security interests and the Association. (b) If requested, duplicate originals of all policies and renewals thereof,together with proof of payments of premiums, shall be delivered to all holders of first lien security interests at least 10 days prior to the expiration of the then-current policies. (c) All liability insurance shall be carried in blanket form,naming the Association,the Board,the manager or managing agent,if any,the officers of the Association,the Declarant, holders of first lien security interests, their successors and assigns and Unit Owners as insureds. (d) Prior to obtaining any policy of casualty insurance or renewal thereof, pursuant to the provisions hereof,the Board may obtain an appraisal from a duly qualified real estate or insurance appraiser,which appraiser shall reasonably estimate the full replacement value of the Units and the Common Elements, without deduction for depreciation, review any increases in the cost of living, and/or consider other factors,for the purpose of determining the amount of the insurance to be effected pursuant to the provisions hereof. In no event shall any casualty insurance policy contain a co-insurance clause for Iess than 100%of the full insurable replacement cost. Page 29 of 43 Central Condos Declarations,FINAL.wpd J (lfllll If(ll IIIII II I III ?z@2828 Ill l lllifl llllll 111 llll I I 0S,llll IIII 22/2006 12.00P Shelley Vane-Gallatin Cc MT MISC 483.00 (e) Unit Owners may carry and are advised to carry other insurance on the Improvements and personal property in their Unit for their benefit and at their expenses, provided that the liability of the carriers issuing insurance obtained by the Association shall not be affected or diminished by reason of any such insurance carried by Unit Owners and provided, further,that the policies of insurance carried by the Association shall be primary, even if a Unit Owner has other insurance that covers the same loss or losses as covered by policies of the Association. In this regard, Declarant discloses that the Association's insurance coverage,as specified hereunder and under the Act,does not obviate the need for Unit Owners to obtain insurance for their own benefit. (f) All policies of insurance shall provide that the insurance thereunder shall be invalidated or suspended only in respect to the interest of any particular Unit Owner guilty of a breach of warranty, act, omission, negligence or non-compliance of any provision of such policy, including payment of the insurance premium applicable to the Unit Owner's interest, or who permits or fails to prevent the happening of any event, whether occurring before or after a loss,which under the provisions of such policy would otherwise invalidate or suspend the entire policy,but the insurance under any such policy, as to the interests of all other insured Unit Owners not guilty of any such act or omission,shall not be invalidated or suspended and shall remain in full force and effect. Section 9.9 Insurance Premium. Except as assessed in proportion to risk,insurance premiums for the above provided insurance shall be a Common Expense to be included as a part of the annual Assessments levied by the Association. Section 9.10 Managing Agent Insurance. The manager or managing agent, if any, shall be adequately insured for the benefit of the Association and shall maintain and submit evidence of such coverage to the Association. The Association may indemnify its managing agent, except for that agent's intentional acts or omissions or negligence outside the scope of their duties and obligations to the Association, or outside of direction from or of the Association. Section 9.11 Waiver of Claims Against Association. As to all policies of insurance maintained by or for the benefit of the Association and Unit Owners, the Association and the Unit Owners hereby waive and release all claims against one another,the Board and Declarant, to the extent of the insurance proceeds available,whether or not the insurance damage or injury is caused by the negligence of or breach of any agreement by and of said persons. Section 9.12 Annual Insurance Review. The Board shall review the insurance carried by and on behalf of the Association at least annually, for the purpose of determining the amount of insurance required. Section 9.13 Adjustments by the Association. Any loss covered by an insurance policy described above shall be adjusted by the Association,and the insurance proceeds for that loss shall be payable to the Association and not to any holder of a first lien security interest. The Association shall hold any insurance proceeds in trust for the Association,Unit Owners and holders of first lien security interests as their interests may appear. The proceeds must be distributed first for the repair or restoration of the damaged property, and the Association,Unit Owners and holders of first lien Page 30 of 43 Central Condos Declarations,FINAL.wpd security interest are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the damaged property has been completely repaired or restored. Section 9.14 Claims. The Board may,in its discretion,choose to submit a claim under the Association's insurance policy. If a claim is submitted,the payment of the deductible amount for claims which the Association is responsible for insuring shall be as follows: (a) The Association shall pay or absorb said deductible for any work, repairs or reconstruction for damage incurred to Common Elements or an area for which the Association has a maintenance responsibility,or for damage to Common Elements or any area which the Association maintains that originates in the Common Elements or an area that the Association maintains, or for damages to the Common Elements or an area which the Association maintains which originates from natural causes,unless said damage is caused by the negligent or willful act or omission of an Owner,his family, guests, or invitees. (b) The Owner shall pay or absorb said deductible for any loss that would be the responsibility of the Owner in the absence of insurance and any deductible assessed against the Owner pursuant to subsection (a)above. (c) If a Unit is damaged, then the Owner of that Unit or the Owners sharing the Party Wall shall have primary responsibility,either directly or through his insurance company,for handling and paying for,any work, repairs, reconstruction or replacement. Section 9.15 Duty to Repair. Any portion of the Community for which insurance is required under this Article which is damaged or destroyed must be repaired or replaced promptly by the Association or Unit Owner,at the Unit Owner's option as to whether the repair is done by the Association or the Unit Owner,except as provided or allowed for in the Act. Section 9.16 Condemnation and Hazard Insurance Allocations and Distributions. In the event of a distribution of condemnation proceeds or hazard insurance proceeds to the Unit Owners, the distribution shall be as the parties with interests and rights are determined or allocated by record and also by any applicable provisions of the Act. Section 9.17 Insurance Assessments. If the proceeds of insurance are not sufficient to defray the costs of reconstruction and repairdue to deductibles allocated tothe Association or failure of the Association to maintain coverage to defray costs of repair and reconstruction which in the absence of insurance would be the maintenance responsibility of the Association,the deductible or additional cost shall be a Common Expense, This Assessment shall not be considered a special Assessment as discussed in this Declaration and shall not require any vote of the Owners. Section 9.18 Payment of Claims to Delinquent Owners. Notwithstanding anything to the contrary herein, in the event of an insured loss under the Association's master hazard insurance policy for which the Association receives from the insurer payment for a loss sustained by an Owner who is delinquent in the payment of Assessments owed to the Association under this Declaration, then the Association may retain and apply such proceeds to the delinquency. Any surplus remaining after application of the proceeds to any delinquency shall be paid by the Association to the affected Owner. Page 31 of 43 Central Condos Declarations,F1NAL.wpd Page 36 of 89 22,02828 9122 2005 12:00P Shelley Vanoe-Gallatin Co MT MISC 493.00 Elements; (d) fail to maintain the casualty, fire and extended coverage insurance as elsewhere provided in this Declaration; (e) use hazard insurance proceeds for losses other than the repair, replacement or reconstruction of the improvements which were damaged or destroyed; (f) take action to terminate the legal status of the Community after substantial destruction or condemnation occurs;(g)amend any material provision of this Declaration;and(h)establish self-management by the Association when professional management has previously been required by the legal documents for the Community or by an Eligible Holder. An amendment shall not be deemed material if it is for the purpose of correcting technical errors,or for clarification only. If an Eligible Holder of a first lien security interest receives written request for approval of the proposed act,omission,change or amendment by certified or registered mail,with a return receipt requested, and does not deliver or post to the requesting party a negative response within thirty(30)days,it shall be deemed to have approved such request. Section 10.4 Right to Pay Taxes and Insurance Premiums. Any holder of a first lien security interest shall be entitled to pay any taxes or other charges which are in default and which may or have become a lien against a Unit or any of the Common Elements and may pay any overdue premiums on hazard insurance policies or secure new hazard insurance coverage for the Common Elements or Units, and the holder of a first lien security interest making such payments shall be entitled to immediate reimbursement therefor from the Association. ARTICLE 11. GENERAL PROVISIONS Section 11.1 Compliance and Enforcement. (a) Every Owner and occupant of a Unit shall comply with the Governing Documents, and each Owner shall have the right to enforce the covenants and restrictions,as set forth in this Declaration. (b) The Association,acting through the Board,may enforce all applicable provisions of this Declaration,and may impose sanctions for violation of the Governing Documents. Such sanctions may include, without limitation: (i) imposing reasonable monetary fines, after notice and opportunity for a hearing,which fine shall constitute a lien upon the violator's Unit. an the event that any occupant, guest, or invitee of a Unit violates the Governing Documents and a fine is imposed,at the Board's discretion,the fine may first be assessed against the violator;provided,however,if the fine is assessed against the violator and is notpaid by the violator within the time period set by the Board, the Owner shall pay the fine upon notice from the Board and the opportunity for a hearing have been provided); (ii) suspending the right to vote; (iii) exercising self-help (including, but not limited to, performing such maintenance responsibilities which are the Owner's responsibility under this Declaration and assessing all costs incurred by the Association against the Unit and the Owner as an Assessment) or taking action to abate any violation of the Governing Documents; Page 33 of 43 Central Condos Declarations,F1NAL.wpd Ililllllllllllllllllllll ililllllllll III III IIIII IIII III I22028 28 08/2212006 12.00P Shelley Vance-Qailatin Co MT MiSC 463.00 (iv) requiring an Owner, at the Owner's expense, to remove any structure or Improvement on such Owner's Unit in violation of the Governing Documents and to restore the Unit to its previous condition and,upon failure of the Owner to do so,the Board or its designee shall have the right to enter the property,remove the violation and restore the property to substantially the same condition as previously existed, at the Owner's expense, and any such action shall not be deemed a trespass; (v) without liability to any person, the Association precluding any contractor, subcontractor, agent, employee,or other invitee of an Owner who fails to comply with the terms and provisions of this Declaration from continuing or performing any further activities in the Community; (vi) levying specific Assessments to cover costs incurred by the Association to bring a Unit into compliance with the Governing Documents; and (vii) bringing suit at law or in equity to enjoin any violation or to recover monetary damages or both. (c) In addition to any other enforcement rights,if an Owner fails to properly perform his or her maintenance responsibility, or otherwise fails to comply with the Governing Documents,the Association may record a notice of violation against the Owner and the Unit. (d) All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the Governing Documents, the prevailing party shall be entitled to recover all costs, including, without limitation, attorney fees and court costs,reasonably incurred in such action. (e) The decision of the Association to pursue enforcement action in any particular case shall be left to the Board's discretion, subject to the duty to exercise judgment and be reasonable,as provided for in this Declaration,and further restricted in that the Board shall not be arbitrary or capricious in taking enforcement action. A decision of the Association to pursue enforcement action shall not be construed as a waiver of the Association's right to enforce such provisions at a later time under other circumstances or preclude the Association from enforcing any other covenant,restriction or rule. Without limiting the generality of the foregoing, the Board may determine that,under the circumstances of a particular case: (i) the Association's legal position is not strong enough to justify taking any or further action; (ii) the covenant,restriction or rule being enforced is,or is likely to be construed as, inconsistent with applicable law; or (iii) that it is not in the Association's best interests,based upon hardship,expense or other reasonable criteria, to pursue enforcement action. Page 34 of 43 Central Condos Declarations,FINAL.wpd 111110I11ii illll hill lilil 111111111111 INzz�9 of9III11111 Shell•Y Vance-Oallatln Cc MT MISC 403.00 ARTICLE 10. SPECIAL RIGHTS OF HOLDERS OF FIRST LIEN SECURITY INTERESTS Section 10.1 General Provisions. The provisions of this Article are for the benefit of holders, insurers, or guarantors of holders of first lien security interests recorded within the Community. To the extent applicable,necessary or proper, the provisions of this Article apply to both this Declaration and to the Articles and Bylaws of the Association. A holder, insurer or guarantor of a first lien security interest who has delivered a written request to the Association containing its name, address,the legal description and the address of the Unit upon which it holds a security interest shall be considered an`Eligible Holder." Eligible insurers and guarantors of a first lien security interest shall have the same rights as Eligible Holder. Section10.2 Special Rights, Eligible Holders shall be entitled to: (a)timely written notice from the Association of any default by a mortgagor of a Unit in the performance of the mortgagor's obligations under this Declaration, the Articles of Incorporation, the Bylaws or the Rules and Regulations,which default is not cured within 60 days after the Association learns of such default; (b) examine the books and records of the Association during normal business hours; (c)receive a copy of financial statements of the Association, including any annual audited financial statement; (d)receive written notice of all meetings of the Executive Board or Members of the Association; (e) designate a representative to attend any such meetings; (f) written notice of any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association; (g) written notice of abandonment or termination of the Association of the plan contemplated under this Declaration; (h)thirty(30) days' written notice prior to the effective date of any proposed, material amendment to this Declaration, the Articles of Incorporation, or the Bylaws;(i)thirty(30)days'written notice priorto the effective date of termination of any agreement for professional management of the Association or the Common Elements, when professional management had been required previously under the legal documents for the Community or by an Eligible Holder; and 0) immediate written notice as soon as the Association receives notice or otherwise learns of any damage to the Common Elements or to the Unit on which the Eligible Holder holds a security interest, if the cost of reconstruction exceeds $20,000 and as soon as the Association receives notice or otherwise learns ofany condemnation or eminent domain proceedings or other proposed acquisition with respect to any portion of the Common Elements or any Units. Section 10.3 Special Approvals. Unless at least 67%of the Eligible Holders of first lien security interests(based on one(1)vote for each mortgage owned)of Units in the Association and requisite Unit Owners have given their written approval,neither the Association nor any Member shall (a) by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Elements or any improvements thereon which are owned, directly or indirectly, by the Association(except that the granting of access easements,utility easements,drainage easements and water facilities easements or easements for other public purposes consistent with the intended use of such Property by the Association shall not be deemed within the meaning of this provision); (b) change the method of determining the obligations, Assessments or other charges which may be levied against Members or the method of allocating distributions of hazard insurance policy proceeds or condemnation awards;(c)by act or omission change,waive or abandon any scheme or regulation, or enforcement thereof,pertaining to architectural approval of improvement of Units, including the architectural design of the exterior appearance of Units,or the upkeep of the Common Page 32 of 43 Central Condos Declarations,FINAL.wpd IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIII ZZ�ZSZSP Shallay Vanoa-Gallatin Ca MT MISC 493.00 Section 11.2 Severability. Each of the provisions of this Declaration shall be deemed independent and severable. If any provision of this Declaration or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Declaration which can be given effect without the invalid provisions or applications. Section 11.3 Term of Declaration. The covenants and restrictions of this Declaration shall run with and bind the land in perpetuity. Section 11.4 Amendment of Declaration, Map or Plat by Declarant. If Declarant shall determine that any amendments to this Declaration or the Map shall be necessary in order to make non-material changes, such as for the correction of a technical, clerical or typographical error or clarification of a statement or for any changes to property not yet part of the Community, then, subject to the following sentence of this Section,Declarant shall have the right and power to make and execute any such amendments without obtaining the approval of any Unit Owners. Each such amendment of this Declaration shall be made, if at all,by Declarant prior to the expiration of seven years from the date this Declaration is recorded. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to Declarant to make or consent to an amendment under this section on behalf of each Unit Owner and holder of a security interest. Each deed, security interest,other evidence of obligation or other instrument affecting a Unit and the acceptance thereof shall be deemed to be a grant and acknowledgment of, and a consent to the reservation of, the power of Declarant to make,execute and record an amendment under this Section. Section 11.5 Amendment of Declaration by Unit Owners. Except as otherwise provided in this Declaration,and subject to provisions elsewhere contained in this Declaration requiring the consent of Declarant or others,any provision,covenant,condition,restriction or equitable servitude contained in this Declaration may be amended,revised,removed or repealed, and new provisions, covenants,conditions,restrictions or equitable servitudes may be added,at any time and from time to time upon approval of at least 67%of the votes in the Association and with the written consent of the Association. Notice of any meeting at which a proposed amendment will be considered shall state the fact of consideration and the subject matter of the proposed amendment. The amendment or repeal shall be effective upon the recordation in the office of the Clerk and Recorder of Gallatin County, State of Montana of a certificate setting forth the amendment in full and certifying that the amendment has been approved as set forth above,and containing the written consent and approval of the Association. Section 11.6 Amendment Required by Mortgage Agencies. Prior to seven years after recording of this Declaration,any provision,covenant,condition,restriction or equitable servitude contained in this Declaration which a holder of a first lien security interest,or FHA,VA,FHLMC, GNMA, FNMA or any similar entity authorized to insure,guarantee, make or purchase mortgage loans requires to be amended or repealed may be amended or repealed by Declarant or the Association. Any such amendment or repeal shall be effective upon the recordation in the office of the Clerk and Recorder of Gallatin County, State of Montana of a certificate setting forth the amendment or repeal in full. Section 11.7 Required Consent of Declarant to Amendment. Notwithstanding any other provision in this Declaration to the contrary, any proposed amendment or repeal of any provision of this Declaration reserving development rights or for the benefit of the Declarant,or the assignees, Page 35 of 43 Central Condos Declarations,F1NAL."d 1(III(IIIIIlII I 2202828 illlllllll!IIIlII((IIlI�!(IIIIIIII(I!I 0e/22/200 6 12.0@P Shelley Vance-Gallatin Co MT MISC 03,00 shall not be effective unless Declarant,and its assignees,if any,have given written consent to such amendment or repeal, which consent may be evidenced by the execution by Declarant or its assignees of any certificate of amendment or repeal. The foregoing requirement for consent to any amendment or repeal shall terminate seven years after the recording of this Declaration, or upon conveyance of 100% of the Units to Unit Owners, whichever occurs first. Section 11.8 Required.Consent of VA/FHA to Certain Amendments. While the Declarant is in control of the Association (i.e., Unit Owners other than Declarant have not yet elected a majority of the Executive Board), amendments to the Declaration, Articles of Incorporation or Bylaws of the Association must first be approved by the VA or FHA if either VA or FHA has approved the Community for VA guaranteed or FHA insured loans. Further,the Association may not be merged or consolidated with another association without the prior written consent of the VA or FHA if either VA or FHA has approved the Community for VA guaranteed or FHA insured loans. Section 11.9 Security Disclaimer. The Association may,but shall not be required to, from time to time,provide measures or take actions which directly or indirectly improve security in the Community; however, each Owner, for himself or herself and his or her tenants, guests, licensees and invitees, acknowledges and agrees that the Association is not a provider of security and shall have no duty to provide security in the Community. Furthermore, the Association does not guarantee that non-Owners and non-occupants will not gain access to the Community and commit criminal acts in the Community, nor does the Association guarantee that criminal acts in the Community will not be committed by other Owners or occupants. It shall be the responsibility of each Owner to protect his or her person and property and all responsibility to provide such security shall lie solely with each Owner. The Association shall not be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of measures taken. Section 11.10 Notices. Any notices served upon the Association shall be delivered to the Association c/o David Finegan, 3985 Valley Commons Drive, Bozeman, MT 59718 or to the registered agent and office of record with the Montana Secretary of State. Section 11.11 Captions. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise affect that which is set forth in any paragraph, section or article hereof. Section 11.12 Interpretation. The provisions of this Declaration shall be construed to effectuate their purposes of creating a uniform plan for promoting and effectuating the fundamental concepts as set forth in this Declaration. The Board of Directors shall have the authority to interpret the meaning of any provision contained in this Declaration. Section 11.13 Singular Includes the Plural. Unless the context otherwise requires, the singular shall include the plural, and the plural shall include the singular, and each gender referral shall be deemed to include the masculine, feminine and neuter. Section 11.14 Education and Training. As a Common Expense, the Association may provide education and training opportunities for Owners, residents and occupants, including providing funding and permitting facilities use for such purposes. The Association may provide Page 36 of 43 Central Condos Declarations,FINAL.wpd Illilllllllllllllllllllllllll�IIIII 2z0?of szs IIII III IIIII IIII IIII 0912212008 12:00P Shailey Vance-Gallatin co M7 misc 483.00 education and training activities as a tool for fostering Owner,resident and occupant awareness of governance, operations and concerns of the Community and of the Association. Appropriate educational topics include dispute or conflict resolution,issues involving the Governing Documents, and education or topics benefitting or contributing to operation or governance of the Community. The Association may also fund and support education and training for officers and Directors. Section 11.15 Validijy of Amendments. Any action to challenge the validity of an amendment of this Declaration must be brought within one year after the amendment is recorded in the real property records of Gallatin County, Montana. Page 37 of 43 Central Condos Declarations,FiNAL.wpd E Iillll IIIEI IIIII IIIII 111111EIIil ililil III 11111E Eli IIII ?z�42 828 9hailey Vanca-Oallatin Co MT MISC 483.00 IN WITNESS WHEREOF,the Declarant has caused this Declaration of the Baxter Meadows Central Condominiums to be executed by its duly authorized agents this 10"day of September, 2005. Baxter Meadows Development LP, a Montan(a�1' ted partner p By: Authorized Agent STATE OF MONTANA ) ss. COUNTY OF n ) The foregoing Declaration was acknowledged before me on this IT a of September, 2005, by ;(.t'AQd R. d);J)iwrn 5 as Authorized Agent of Baxter Meadows Development LP, a Montana limited partnership. Witness my hand and official seal. Notary Public for the State of . ti=' ) Residing at " s�.:°. •,` : � My Commission expires: Central Condos Declarations,FINAL.wpd I IIIII!IIlil IIIIIlIlI!IIIiI Illlll IIIIII III 11111!III I1i122e�$69 sP SW ley Vance-Gallatin Co MT MISC 493.00 EXHIBIT A DESCRIPTION OF-PROPERTY There is no initial "Property" in the Community. Property may be added by exercise of reserved development rights, as set forth in this Declaration. Property added to the Community may be subject to the following easements and interests of record: 1. Plat of Baxter Meadows West as amended and supplemented of record; 2. The Master or Community Declaration for the Baxter Meadows Master Community. 3. Other instruments of record. Page 39 of 43 Central Condos Declarations,FINAL.wpd IilllllIIIIIIlillIllllIIIIIIIIIIIHlillIIIilllllIIIIIII zz 4 of 69 Shelley Vance-Gallatin Co MT MISC 463.00 EXHIBIT B INITIAL UNITS There are no initial Units in the Community. Units may be added or created by exercise of reserved development rights, which rights are set forth in this Declaration. Page 40 of 43 Central Condos Declarations,FII'4A ,.wpd 1zz5of69 Illlll 111111111111111111111111111111111111111111111111 Shelley Vance-Gallatin Cc MT MISC 483.00 EXHIBIT C PROPERTIES OWNED BY DECLARANT WHICH MAY BE ADDED TO THE DECLARATION All or part of any real estate located adjacent to the Community, or across a public street, ditch or easement from the Community,provided the owner of that real estate consents:and provided all other consents or votes required by this Declaration are first obtained. Page 41 of 43 Central Condos Declarations,FINAL..--vpd IIIIII 111111111111111111111111111111111111111111111111 zz06of 69 Shelley Vanoa-Gallatin Co MT MISC 493.00 EXHIBIT D OTHER PROPERTIES WHICH MAY BE ADDED TO THE DECLARATION All or part of any real estate located adjacent to the Community,or across a public street or alley from the Community,provided the owner of that real estate consent. Page 42 of 43 Central Condos Declarations,FINAL."d !IIIIII Bill IIIII llll 2202828 Illlllll�llllllllll + Pao.; 47 of 269 : 11!IIIIII III IIII 09122/2006 12.00P S1411ov Vanoa-Gallatin Ca MT MISC 493.00 BYLA WS OF BAXTER MEAD0IFS CENTRAL CONDOMINIUM ASSOCIATION, INC. l Illlll IIIII lllll iiiil 11111111111 iillll Ili illlii III Ilii ?z�9 of 59 Shellev Vanom-Gallatin Co MT MISC 493.00 TABLE OF CONTENTS Page ARTICLE 1 -- INTRODUCTION, PURPOSES AND DEFINITIONS ........ -1- Section 1.1 Introduction ......................................................................... -1- Section1.2 Pur^poses .............................................................................. -1- Section1.3 Definitions .......................................................................... -1- ARTICLE2 -- MEMBERSHIP ........................................................................ -1- Section2.1 Membership ........................................................................ -1- Section 2.2 Suspension of Member Rights ..................1......................... -1- ARTICLE 3 -- MEETINGS OF MEMBERS .................................................. -2- Section 3.1 Annual Meetings ................................................................ .2- Section 3.2 Special Meetings ................................................................. .2- Section 3.3 Budget Meeting .................................................................. .2- Section 3.4 Notice of Meetings .............................................................. .3- Section 3.5 Owner Addresses for Notices ............................................. .3- Section 3.6 Place of Meetings ................................................................ .3- Section 3.7 Quorum of Members ........................................................... .3- Section 3.8 Adiournment of the Meeting ............................................... -3- Section 3.9 Member Voting ................................................................... .4- Section3.10 Proxies ................................................................................ .4- Section 3.11 Majority Vote ...................................................................... .4- Section 3.12 Voting Procedures ............................................................... .4- Section 3.13 Order of Business and Rules at Meeting ............................ .5- Section 3.14 Waiver of Notice ................................................................. .5- ARTICLE 4 -- EXECUTIVE BOARD ............................................................ -6- Section 4.1 Number and Term of Office ............................................... .6- Section 4.2 Qualification ....................................................................... .6- Section4.3 Election ............................................................................... -6- Section 4.4 Resignation of Directors ..................................................... .7- Section 4.5 Removal of Directors .......................................................... .7- Section 4.6 Vacancies ............................................................................ .7- Section 4.7 Compensation ..................................................................... .7- ARTICLE 5 -- MEETINGS OF THE EXECUTIVE BOARD ...................... .7- Section 5.1 Regular Meetings ................................................................ .8- Section 5.2 Special Meetings ................................................................ -8- Section 5.3 Notice of Board Meetings ................................................... .8- Section 5.4 Location of Meetings and Open Meetings .......................... .8- i I1111111111111111111 Illlll 111 lillll 111 2202828 P I1H81111111 6hallay Vanoo-Gallatin Cc n7 ntsc 493.00 Section 5.5 Waiver of Notice ................................................................. .8- Section5.6 Ouorum ............................................................................... .8- Section 5.7 Proxies for Board Meetings ................................................ -8- Section 5.8 Consent to Corporate Action .............................................. .8- Section 5.9 Telephone Communication in Lieu of Attendance ............. .9- ARTICLE 6 -- POWERS AND DUTIES OF THE EXECUTIVE BOARD . -9- Section 6.1 Powers and Duties .............................................................. .9- Section6.2 Mana ............................................................................ .11- ARTICLE 7 -- OFFICERS AND THEIR DUTIES ...................................... -I1- Section 7.1 Enumeration of Offices ..................................................... .11- Section 7.2 Appointment of Officers ................................................... -11- Section 7.3 Special Appointments ....................................................... -11- Section 7.4 Resignation and Removal ................................................. .11- Section 7.5 Vacancies .......................................................................... .12- Section7.6 Duties ................................................................................ .12- Section 7.7 Delegation ......................................................................... .12- Section 7.8 Agreements, Contracts, Deeds, Checks, Etc ..................... .13- Section 7.9 Statements of Unpaid Assessments .................................. .13- Section 7.10 Compensation ................................................................... .13- ARTICLE8-- COMMITTEES ...................................................................... -13- Section 8.1 Designated Committees .................................................... .13- ARTICLE 9 -- ENFORCEMENT .................................................................. -13- Section 9.1 Abatement and Enioinment of Violations by Unit Owners-13- Section 9.2 Fines for Violation ............................................................ .14- ARTICLE 10 --BOOKS AND RECORDS ................................................... -14- Section10.1 Records ............................................................................. .14- Section 10.2 Examination ...................................................................... .14- ARTICLE 11 --INDEMNIFICATION ......................................................... .15- Section 11.1 Obligation to Indemnify .................................................... .15- Section 11.2 Determination Required .................................................... .16- Section 11.3 Payment in Advance of Final Disposition ........................ .16- Section 11.4 No Limitation of Rights .................................................... -16- Section 11.5 Directors and Officers Insurance ...................................... .17- II 1 41`11 III IIII 2202 828 of as Papa: 20 of 2: IIIIIIIIIII111 I 11111111111 IIIII shallaY Vame-Gallatin Cc M7 M26C 403.00 ARTICLE 12 -- MISCELLANEOUS ............................................................. .17- Section 12.1 Notices IQ the Association ................................................ .17- Section12.2 Waiver ............................................................................... .IT Section12.3 Office ................................................................................. .17- Section 12.4 Working Capital ................................................................ .17- ARTICLE13 -- AMENDMENTS .................................................................. -17- Section 13.1 Bylaw AmendmentsNote of the Members ....................... -17- Section 13.2 Restrictions on Amendments ............................................ -l 7- CERTIFICATION IllllllllllllllllIIIII1111111111111111111111 ........................................................................................... .18- as 22e?8 $IIIIIIIII09!22/2006 12.00P SMIINy Uano allatin Co ITT MISC 403.00 BYLAWS OF BAXTER MEADOWS CENTRAL CONDOMINIUMASSOCIATION,INC ARTICLE 1 INTRODUCTION, PURPOSES AND DEFINITIONS Section 1.1 Introduction . These are the Bylaws of Baxter Meadows Central Condominium Association, Inc. (the"Association"),which Association operates under the Montana nonprofit corporate law,as amended, and applicable portions of the Unit Ownership Act,as amended(the"Act"). Section 1.2 Purposes . The purposes for which the Association was formed are to preserve and enhance the value of the properties of Members and to operate, govern,manage, supervise and care for the Common Interest Community and the Common Elements of"Baxter Meadows Central Condominiums" (the"Community"), situated in Gallatin County, State or Montana, as the Community was created pursuant to the Declaration and Map. Section 1.3 Definitions.. Terms used herein shall have the meanings set forth in the Declaration, unless expressly defined herein, ARTICLE 2 MEMBERSHIP Section 2.1 Membership . Every person or entity who is a record owner of a Unit which is subject to the Declaration shall be a Member of the Association. Members shall be of such classes, if any, established by the Declarant,or established in the Declaration, as the Declaration is amended from time to time. Membership shall be appurtenant to and may not be separated from ownership of any Unit. Ownership of a Unit shall be the sole qualification for membership. Each Member shall be allocated votes pursuant to the Declaration. Section 2.2 Suspension of Member Rights . During any period in which a Member shall be in default in the payment of any Common Expense Assessment levied by the Association,the voting rights of and right to use any recreational facilities of the Community by such Member shall be deemed suspended by the Executive Board, without notice or hearing, until such Assessment has been paid. Voting rights and use rights of an Owner may also be suspended, after notice and the opportunity for a hearing, during any period of violation of any other provision of the Governing Documents, whichever is greater. Page 1 of 19 Central Condos Bylaws,F1t1.4I.,.wpd I IIIIII Iilll lllll ll1111111111II1i ll ++ 220?Sz$ IIII III IIIIIII II IIII 09/22/2005 12:00P Shelley Vana"allatln Co MT MISC 483.00 ARTICLE 3 MEETINGS OF MEMBERS Section 3.1 Annual Meetinlrs. An annual meeting of the Members shall be held during each of the Association's fiscal years, at such time of the year and date as determined by the Executive Board and set forth in the notice. At these meetings,the Directors shall be elected by ballot of the Members, in accordance with the provisions of these Bylaws,the Declaration and Articles. The Members may transact other business as may properly come before them at these meetings. Failure to hold an annual meeting shall not work a forfeiture or dissolution of the Association. Section 3.2 Special Meetings. Special meetings of the Association may be called by the President, by a majority of the members of the Executive Board or by the Secretary upon receipt of a petition signed by Owners comprising at least 20%of the votes in the Association. The form of notice, date, time and place of the meeting shall be determined by the Board. If a notice for a special meeting demanded pursuant to petition is not given by the Secretary within 30 days after the date the written demand or demands are delivered to the Secretary,the person signing the demand or demands may set the time and place of the meeting and give notice, pursuant to the terms of these Bylaws. Any meeting called under this Section shall be conducted by the President of the Board, or in his/her absence, a person chosen by a majority of the Board. Section 3.3 Budget Meetinf; . Meetings to consider proposed budgets may be called in accordance with the Declaration. If a budget meeting is called, the budget process allows for a veto by a percentage of the membership of a proposed budget adopted by the Executive Board. If a budget meeting of the Members is called, the budget process to be followed is as follows: (a) Effective the first full fiscal year after these Bylaws are adopted and become effective,and for each year thereafter, the Executive Board of the Association is to prepare and approve a proposed budget at least annually. Each such proposed budget is first prepared and approved by the Executive Board as a proposed budget. (b) Then, within 90 days after the Board of Director's adoption of the proposed budget,the Executive Board must mail or deliver a summary of the proposed budget to those entitled to vote and set a date for a special or annual meeting to consider ratification of the proposed budget. (c) Notice for the meeting at which the budget will be considered must be mailed not less than 10 days nor more than 60 days before the meeting. (d) At the meeting,unless Owners holding a majority of the total Association vote to reject the proposed budget, the proposed budget is ratified and becomes the approved budget of the Association. Page 2 of 19 Central Condos Bylaws,FINAL.wpd 111111111111111111111111 � @2828P Shelley Vance-Gallatin co nr MISC 463.00 (e) A quorum is not required at the meeting if the meeting is just a budget meeting. If the meeting is also an annual meeting at which other business is to be conducted, a quorum is required for other business to be conducted at the annual meeting, but not for ratification of the budget. (f) In the event the proposed budget is rejected by a majority vote, the budget last ratified is continued until such time as a subsequent budget proposed by the Executive Board is ratified. Section 3.4 Notice of Meetings . Written notice of each meeting of Members shall be given by or at the direction of the Secretary or person authorized to call the meeting,by mailing a copy of such notice,postage prepaid,or by personal delivery, at least 10 days before, but not more than 60 days before such meeting,to each Member entitled to vote, addressed to the Member's address last appearing on the books of the Association,or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting and, in the case of a special meeting, the purpose of the meeting. No matters shall be heard nor action adopted at a special meeting except as stated or allowed in the notice. Section 3.5 Owner Addresses for Notices . Unless an Owner shall have notified the Association by registered or certified mail of a different address, any notice required to be given, or otherwise given by the Association under these Bylaws to any Owner or any other written instrument to be given to any Owner,may be mailed to such Owner in a postage prepaid envelope and mailed by first-class, registered or certified mail to the address of the Unit shown upon the Association's records as being owned by such Owner. If more than one Owner owns a particular Unit, then any notice or other written instrument may be addressed to all of such Owners and may be mailed in one envelope in accordance with the foregoing. Any notice or other written instrument given by the Association in accordance with the foregoing will be deemed to have been given on the date that it is mailed. Section 3.6 Place of Meetings . Meetings of the Members shall be held in the Community, or in the Gallatin County area,and may be adjourned to a suitable place convenient to the Members, as may be designated by the Executive Board or the President. Section 3.7 Ouorum of Members . The presence at a meeting of Members, in person or by proxy,of Members entitled to cast 25%of all the votes shall constitute a quorum for any action except as otherwise provided in the Articles, Declaration and these Bylaws. If the required quorum is not present at a meeting,the Members who are present shall have power to adjourn the meeting from time to time(to a later date)without notice other than announcement at the meeting until a quorum of 12%of the Members, in person or by proxy shall be present or represented. Section 3.8 Adjournment of the Meeting. By majority vote(as provided herein), any meeting of the Owners may be adjourned to another time and place or to a time and place to be designated by notice. Page 3 of 19 Central Condos Bylaws,FINAL.wpd 111111111111llllllullllllllllllllillllllllllllllllllll zz��$?8 ShWay Vanoo-Gallatin Co MT MISC 403.00 Section 3.9 Member Voting. At all meetings of Members, each Member may vote in person or by proxy. If only one of several Owners of a Unit is present at a meeting of the Association, the Owner present is entitled to cast the vote allocated to the Unit. If more than one of the Owners is present, the vote allocated to the Unit may be cast only in accordance with the agreement of a majority of those Owners. Majority agreement exists if any one of the Owners casts the vote allocated to the Unit without protest being made promptly to the person presiding over the meeting by another Owner of the Unit. In the event of disagreement between or among co-Owners and an attempt by two or more of them to cast such vote or votes, such vote or votes shall not be counted. The vote of a corporation or business trust may be cast by any officer of that corporation or business trust in the absence of express notice of the designation of a specific person by the Executive Board or Bylaws of the owning corporation or business trust. The vote of a partnership may be cast by any general partner of the owning partnership in the absence of express notice of the designation of a specific person by the owning partnership. The moderator of the meeting may require reasonable evidence that a person voting on behalf of a corporation, partnership or business trust Unit Owner is qualified to vote. Votes allocated to Units owned by the Association may not be cast. Section 3.10 Proxies . The vote allocated to a Unit maybe cast under a proxy duly executed by a Unit Owner. All proxies shall be in writing and filed with the Secretary or designee of the Association. If a Unit is owned by more than one person, each Unit Owner of the Unit may vote or register protest to the casting of the vote by the other Owners of the Unit through a duly executed proxy. In the event of disagreement between or among co-Owners and an attempt by two or more of them to cast such vote or votes, such vote or votes shall not be counted. A Unit Owner may revoke a proxy given under this section only by actual notice of revocation to the person presiding over a meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates 11 months after its date, unless it specifies a shorter term or a specific purpose. Section 3.11 Matori Vote . The vote of a majority of the votes present, in person or by proxy at a meeting at which a quorum is present, shall be binding upon all Unit Owners for all purposes except where a higher percentage vote is required in the Declaration, Articles, these Bylaws or by law. Section 3.12 Voting Procedures . Voting may be by voice, by show of hands,by consent, by mail,by electronic means,by directed proxy,by written ballot, or as otherwise determined by the Executive Board or the Members present at a meeting. (a) In case of a vote by mail or electronic means, the Secretary shall mail or deliver written notice to all Members at each Member's address as it appears in the records of the Association given for notice purposes. The notice shall include: (i)a proposed written resolution setting forth a description of the proposed action, (ii) a statement that Members are entitled to vote by mail or electronic means for or against such proposal, (iii) a date at least 10 days after the date such notice shall have been given on or before which all votes must be received at the office of the Association at the Page 4 of 19 Central Condos Bylaws,FINAL.wpd I IIIlII Illll IIIII IIlII IIIII IIlIII ililil III IIIIIII II IIII 22028?00P Shelley Vance-Gallatin Co MT M15C 483.00 address designated in the notice,and(iv)the number of votes which must be received to meet the quorum requirement and the percentage of votes received needed to carry the vote. Voting by mail shall be acceptable in all instances in the Declaration, Articles or these Bylaws requiring the vote of Members at a meeting. (b) The Executive Board may conduct elections of Directors by mail or electronic means, in its sole discretion,and pursuant to procedures adopted by it; provided however, that any procedures adopted shall provide for notice to Members of the opportunity to run for a vacant position and/or nominate any Member of the Association for a vacant position, subject to the nominated Member's consent. (c) In an election of Directors,the Members receiving the largest number of votes shall be elected. Section 3.I3 Order of Business and Rules at Meeting . The Executive Board may establish the order of business and prescribe reasonable rules for the conduct of all meetings of the Executive Board and Unit Owners. At meetings of the Members,the Executive Board may order the business of the meeting as follows: (a) Roll call (or check-in procedure); (b) Proof of notice of meeting; (c) Reading of Minutes of preceding meeting; (d) Reports; (e) Establish number and term of memberships of the Executive Board(if required and noticed); (f) Selection of inspectors/tellers to count ballots; (g) Election of Directors of the Executive Board (when required); (h) Consideration of budget and possible veto by the Owners(if required and noticed); (i) Unfinished business;and 0) New business. Failure to strictly follow Robert's Rules of Order shall not invalidate any action taken at a meeting of the Board or Members. Section 3.14 Waiver of Notice . Any Member may, at any time, waive notice of any meeting of the Members in writing, and the waiver shall be deemed equivalent to the receipt of notice. Attendance at the meeting shall constitute a waiver of notice unless attendance is for the express purpose of objecting to the sufficiency of the notice, in which case, such objection must be raised before the business of which proper notice as not given is put to a vote. Page 5 of 19 Central Condos Bylaws,FINAL.wpd !!II!!!!IIlI NIII!I!!!lllll lllli!!lIIII!I!Illill!!!!Il! 2202828 12:OOP Malley Vance-Gallatin Co MT MISC 483,00 ARTICLE 4 EXECUTIVE BOARD Section 4.1 Number and Term of Office . The affairs of the Community and the Association shall be governed by an Executive Board which shall consist of three Members, elected or appointed as provided below(the"Executive Board"). The terms of office of Directors shall be three years or until such time as a successor is elected, and the terms of at least 1/3 of the Directors shall expire annually. At any meeting at which Directors are to be elected, the Unit Owners may,by resolution, adopt specific procedures which are not inconsistent with these Bylaws or the Montana nonprofit corporate law for conducting the elections. Section 4.2 Qualification . (a) Only Owners, eligible to vote, current in the payment of Assessments, and otherwise in good standing,may be elected to, or appointed to fill a vacancy on the Board. (b) If any Unit is owned by a partnership or corporation, any officer, partner or employee of that Member shall be eligible to serve as a Director and shall be deemed to be a Member for the purposes of these Bylaws. (c) Once elected, a Director may not be more than 60 days delinquent in payment of any Assessment. (d) Any Director who has un-excused absences from three consecutive Board meetings shall not be qualified to serve on the Board. (e) Once elected or appointed,each Director shall attend at least one educational program per year related to the management, operation or law of community associations. The Director shall be entitled to reimbursement of any expenses incurred in attending such educational program(s),as long as approved, in advance,by the Board of Directors. Any Director who has failed to attend an educational program as set forth in this provision shall not be qualified to serve on the Board. (f) If a Director is not qualified,the Director's position shall be deemed vacant. Section 4.3 Election . The Executive Board shall be elected by the Members at the Annual Meeting. The Members may adopt specific procedures which are not inconsistent with these Bylaws or the Act for conducting the elections by written ballot. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. The Declaration shal I govern appointment of Directors of the Executive Board during the Period of Declarant Control, as allowed under the Declaration. Page 6 of 19 Central Condos Bylaws,FINAL.wpd IIII!!III! Ilill!!!!1 I I 220282$ I ��I Ililll lIIIII III IIIIIII II III! 09/22/2006 12:00 P Shelley Vance-cailatin Co MT M16C 463.00 Section 4.4 Resignation of Directors . Any Director may resign at any time by giving written notice to the President, to the Secretary or to the Executive Board stating the effective date of such resignation. Acceptance of such resignation shall not be necessary to make the resignation effective. Section 4.5 Removal of Directors . (a) One or more Directors or the entire Executive Board may be removed at any meeting of the Members called pursuant to these Bylaws, with or without cause,by a vote of 67%of all Members present and entitled to vote. Notice of a meeting of the Members to remove Directors shall set forth that the meeting is being conducted for that purpose and shall be provided to every Member of the Association, including the Directors sought to be removed,as provided in these Bylaws. Directors appointed by the Declarant may not be removed by the Members under this section of the Bylaws. Directors sought to be removed shall have the right to be present at this meeting and shall be given the opportunity to speak to the Members prior to a vote to remove being taken. (b) In the event of removal of one or more Directors,a successor shall be elected by the Members at the meeting to serve for the unexpired term of his or her predecessor. Section 4.6 Vacancies . Vacancies in the Executive Board caused by any reason (other than removal)may be filled by the Executive Board at any time after the occurrence of the vacancy, even though the Directors present at that meeting may constitute less than a quorum. These appointments shall be subject to the reserved rights of Declarant to appoint Directors, unless those rights have expired, in which event,appointments shall be made by a majority of the remaining elected Directors constituting the Executive Board. Each person so appointed shall be a Director who shall serve for the remainder of the unexpired term. Section 4.7 Compensation . No Director shall receive any compensation from the Association for any service they may render as a Director,or for acting as such,unless approved by a majority of the votes in the Association at a regular or special meeting of the Association. However, any Director may be reimbursed for actual expenses incurred in the performance of Association duties on behalf of the Association upon approval of a majority of the other Directors. Nothing herein shall prohibit the Association from compensating a Director, or any entity with which a Director is affiliated, for services or supplies furnished to the Association in a capacity other than as a Director pursuant to a contract or agreement with the Association, provided that such Director's interest was made known to the Board prior to entering into such contract and such contract was approved by a majority of the Executive Board, excluding the interested Director. ARTICLE 5 MEETINGS OF THE EXECUTIVE BOARD Section 5.1 Regular Meetings . Regular meetings of the Executive Board shall be held at least twice per year at such place and hour as may be fixed by the Board, without notice. The Board may set a schedule of additional regular meetings by resolution and no further notice is necessary to constitute regular meetings, except as may be required by law. Page 7 of 19 Central Condos Bylaws,F1NAL.wpd 1111111111111111111111111111111111111111111111111111 220s 8 do $09/2212005 P Shelley vanoe-Gallatin Co MT MISC 403.00 Section 5.2 Special Meetings. Special meetings of the Executive Board shall be held when called by the President of the Association or by any two Directors after not less than one day notice to each Director. The notice shall be delivered in a manner whereby confirmation of receipt of the notice is received and shall state the time,place and purpose of the meeting. Section 5.3 Notice of Board Meetings . Except as set forth in Section 5.1 above, written notice of each meeting of the Board shall be given by,or at the direction of,the Secretary or person authorized to call the meeting, by mailing a copy of such notice,postage prepaid,at least three days before such meeting,or by any other means permitted by the Montana nonprofit corporate law, including, but not limited to,personal delivery, facsimile,and e-mail delivery,to each Board member entitled to vote, addressed to the Board member's address last appearing on the books of the Association, or supplied by such Board member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting. Section 5.4 Location of Meetings and Open Meetings . All meetings of the Executive Board shall be open to attendance by Members, as provided by applicable Montana law. All meetings of the Executive Board shall be held in the Community,by conference call,electronic means or within the Gallatin County area,unless all Directors consent in writing to another location. Section 5.5 Waiver of Notice . Any Director may waive notice of any meeting in writing. Attendance by a Director at any meeting of the Board shall constitute a waiver of notice. If all the Directors are present at any meeting,no notice shall be required and any business may be transacted at such meeting. Section 5.6 Quorum . At all meetings of the Executive Board, a majority of the Directors shall constitute a quorum for the transaction of business,unless there are less than three Directors,in which case, all Directors must be present to constitute a quorum. The votes of a majority of the Directors present at a meeting at which a quorum is present shall constitute a decision of the Board unless there are less than three Directors, in which case,unanimity of the Directors is required to constitute a decision of the Board. If,at any meeting,there shall be less than a quorum present, a majority of those present may adjourn the meeting. Section 5.7 Proxies for Board Meetings . For the purposes of determining a quorum with respect to a particular proposal and for the purposes of casting a vote for or against that particular proposal,a Director may execute,in writing,a proxy,to be held by another Director. The proxy shall specify either a yes,no or abstain vote on each particular issue for which the proxy was executed. Proxies which do not specify a yes,no or abstain vote shall not be counted for the purpose of having a quorum present or as a vote on the particular proposal before the Board. Section 5.8 Consent to Corporate Action . The Directors shall have the right to take any action in the absence of a meeting,which they could otherwise have taken at a meeting,by: (a) Obtaining the unanimous verbal vote of all Directors which vote shall be noted in the minutes of the next meeting of the Board and ratified at such time; Page 8 of 19 Central Condos Bylaws,FiNAL.wpd I IIIIII IIIII lIIII IIIII IIIII IIIIII IIIII!III Iifllll 11 llll 220282800f Go Shelley Vane-Gallatin Co MT MISC 03,00 (b) Obtaining the written vote of all of the Directors,with at least a majority of the Directors approving the action, provided that those Directors who vote"no" or abstain from voting have waived notice of a meeting in writing. The Secretary shall file the written votes with the minutes of the meetings of the Executive Board; (c) Any action taken under subsections (a) and(b) shall have the same effect as though taken at a meeting of the Directors. Section 5.9 Telephone Communication in Lieu of Attendance . A Director may attend a meeting of the Executive Board by using an electronic or telephonic communication method whereby the Director may be heard by the other members and may hear the deliberations of the other members on any matter properly brought before the Executive Board. The Director's vote shall be counted and his or her presence noted as if that Director were present in person on that particular matter. ARTICLE 6 POWERS AND DUTIES OF THE EXECUTIVE BOARD Section 6.1 Powers and Duties . The Executive Board may act in all instances on behalf of the Association, except as provided in the Declaration, Articles,these Bylaws or the Act. The Executive Board shall have, subject to the limitations contained in the Declaration, Articles and the Act, the powers and duties necessary for the administration of the affairs of the Association and of the Community,and for the operation and maintenance of the Community as a first class residential property, including the following powers and duties: (a) Exercise any other powers conferred by the Declaration,Bylaws or Articles of Incorporation; (b) Adopt and amend Bylaws and Rules and Regulations,including penalties for infraction thereof; (c) To keep and maintain full and accurate books and records showing all of the receipts, expenses, or disbursements of the Association; (d) Adopt and amend budgets for revenues, expenditures and reserves (subject to the budget being distributed to the Owners and not vetoed by the Owners at a meeting of the Owners, as that procedure is set forth in the Declaration and in these Bylaws); (e) As a part of the adoption of the regular budget the Executive Board shall include an amount which, in its reasonable business judgment,will establish and maintain a reserve fund for the replacement of those Improvements that it is obligated to maintain, based upon age,remaining life, quantity and replacement cost; (f) Allocate, assess and collect from each Owner its proportionate share of the Assessments imposed by the Association and pay those Assessments to the Association. Page 9 of 19 Central Condos Bylaws,F1NAL.wpd 1111111111111111111111111111111111111111111111111111111 220o of 89 Shelley Vance-Gallatin Co MT MISC 493.00 (g) Hire and discharge managing agents,provided that any agreement for professional management of the Community may not exceed one year. Any such agreement must provide for the termination by either party without cause and without payment of a termination fee or penalty upon 34 days written notice; (h) Hire and discharge employees, independent contractors and agents other than managing agents, and prescribe their duties; (i) Institute,defend or intervene in litigation or administrative proceedings or seek injunctive relief for violations of the Governing Documents in the Association's name, on behalf of the Association or two or more Owners on matters affecting the Community; 0) Make contracts, administer financial accounts and incur liabilities in the name of the Association; (k) Regulate the use, maintenance, repair, replacement and modifications of Common Elements; (1) Cause additional improvements to be made as a part of the Common Elements; (m) Acquire, hold, encumber and convey,in the Association's name and in the ordinary course of business,any right,title or interest to real estate or personal property; (n) Borrow funds and secure loans with an interest in future Assessments in order to pay for any expenditure or outlay required pursuant to the authority granted by the provisions of the recorded Declaration and these Bylaws, and to execute all such instruments evidencing such indebtedness as the Board of Directors may deem necessary and give security therefore subject to the requirements set forth in the Declaration; (o) Grant easements for any period of time, including permanent easements, and grant leases, licenses and concessions for no more than one year, through or over the Common Elements; (p) Impose and receive a payment, fee or charge for services provided to Unit Owners and for the use,rental or operation of the Common Elements; (q) Impose a reasonable charge for late payment of Assessments and after notice and hearing, levy reasonable fines or Assessments provided for or allowed in the Declaration, Bylaws, Rules and Regulations of the Association; (r) Keep and maintain full and accurate books and records showing all of the receipts, expenses or disbursements of the Association; (s) Impose a reasonable charge for the preparation and recording of amendments to the Declaration, liens or statements of unpaid Assessments; (t) Provide for the indemnification of the Association's Officers and the Executive Board and maintain Directors' and Officers'liability insurance; (u) Procure and maintain adequate liability and hazard insurance on property owned by the Association and as further set forth in the Declaration; Page 10 of 19 Central Condos Bylaws,FINAL,wpd Page: 61 of Go 09122/2005 ZZOZSZSP Shelley Vance-Gallatin Co MT MISC 483.00 (v) Cause all Directors, Officers, employees or agents having fiscal responsibilities to be bonded or insured, as it may deem appropriate and in such amounts as it may deem appropriate; (w) Exercise for the Association all powers, duties, rights and obligations in or delegated to the Association and not reserved to the membership by other provisions of the Declaration, Articles, these Bylaws or the Act; and (x) Exercise any other powers conferred by the Declaration or Bylaws. Section 6.2 Mana er. The Executive Board may employ a manager, at a compensation established by the Board,to perform duties and services authorized by the Board. Licenses, concessions and contracts may be executed by the manager pursuant to specific resolutions of the Board and to fulfill the requirements of the budget. The Board shall have the authority to delegate any of the powers and duties set forth in this Article to a manager or managing agent. Regardless of any delegation to a manager or managing agent, the members of the Board shall not be relieved of responsibilities under the Declaration,Articles,these Bylaws or Montana law. ARTICLE 7 OFFICERS AND THEIR DUTIES Section 7.1 Enumeration of Offices . The Officers of this Association shall be a President, Vice President, Secretary and Treasurer, who shall at all times be members of the Executive Board, and such other officers as the Executive Board may from time to time create by resolution. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to authority in these Bylaws, and that the offices of the Secretary and Treasurer may be held by the same person. Section 7.2 A0ointment of Officers . The Officers shall be appointed by the Executive Board at the organizational meeting of each new Executive Board. The Officers shall hold office at the pleasure of the Executive Board. Thereafter, the Officers shall be elected for a one year term at the first meeting of the Executive Board following each annual meeting of the Members. Section 7.3 Special Appointments . The Executive Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Executive Board may, from time to time, determine. Section 7.4 Resignation and Removal . Any Officer may resign at any time by giving written notice to the Executive Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein. Acceptance of such resignation shall not be necessary to make it effective. Any Officer may be removed from office with or without cause by a majority of the Executive Board. Page l l of 19 Central Condos Bylaws,FINAL.wpd I{IIIII IIIII Iilll Ijll{{IIII Illlll III�II III llll{i{I{{III ?z�2 of 59 sholley Vance-Gallatin Co MT MISC 493.99 Section 7.5 Vacancies . A vacancy in any office maybe filled by appointment by the Executive Board by majority vote of the Board. The Officer appointed to such vacancy shall serve for the remainder of the term of the Officer be replaces. Section 7.6 Duties . The Duties of the Officers are as follows: 7.6.1 President. The President shall have all of the general powers and duties which are incident to the office of president of a Montana nonprofit corporation including,but not limited to,the following: preside at all meetings of the Executive Board,appoint committees, and see that orders and resolutions of the Executive Board are carried out; sign all contracts, leases and other written instruments; direct, supervise, coordinate and have general control over the day to day affairs. The President may cause to be prepared and may execute amendments,attested by the Secretary,to the Declaration and these Bylaws on behalf of the Association, following authorization or approval of the particular amendment, as applicable. 7.6.2 Vice President. The Vice President shall take the place of the President and perform the President's duties whenever the President is absent or unable to act. If neither the President nor the Vice President is able to act,the Executive Board shall appoint some other Director to act in the place of the President on an interim basis. The Vice President shall also perform other duties imposed by the Executive Board or by the President. 7.6.3 Secretary. The Secretary shall have charge or shall keep the Minutes of all meetings of the Owners and proceedings of the Executive Board and the Members;serve notice of meetings of the Board and of the Members;keep appropriate current records showing the Member's names and addresses. The Secretary shall have charge of the Association's books and papers and shall perform all the duties incident to the office of secretary of a nonprofit corporation organized under the laws of the State of Montana. The Secretary may cause to be prepared and may attest to execution by the President of amendments to the Declaration and the Bylaws on behalf of the Association, following authorization or approval of the particular amendment,as applicable. 7.6.4 Treasurer. The Treasurer shall be responsible for Association funds and for keeping full and accurate financial records and books of account showing all receipts and disbursements and for the preparation of all required financial data. This Officer shall be responsible for the deposit of all monies and other valuable effects in depositories designated by the Executive Board and shall perform all the duties incident to the office of treasurer of a nonprofit corporation organized under the laws of the State of Montana. The Treasurer may endorse on behalf of the Association,for collection only, checks, notes and other obligations and shall deposit the same and all monies in the name of and to the credit of the Association in banks designated by the Association. Section 7.7 Delegation,. The duties of any Officer may be delegated to the manager or another Executive Board member;provided, however, the Officer shall not be relieved of any responsibility under these Bylaws or under Montana law. Page 12 of 19 Central Condos Bylaws,FINAL.wpd IIIIII IIIII IIIII hill II I I IICl11 I IIIII!III111111111112203of 69 Sh*llay vanoo-Gallatin Co MT MISC 403.00 Section 7.8 Apreements, Contracts, Deeds,Checks, Etc . Except as provided in these Bylaws, all agreements,contracts, deeds, leases,checks and other instruments of the Association shall be executed by any Officer of the Association or by any other person or persons designated by the Executive Board. Section 7.9 Statements of Unpaid Assessments . The Treasurer,assistant treasurer,a manager employed by the Association, if any, or,in their absence, any Officer having access to the books and records of the Association may prepare,certify,and execute statements of unpaid Assessments. The Association may charge a reasonable fee for preparing statements of unpaid Assessments. The amount of this fee and the time of payment shall be established by resolution of the Executive Board. Any unpaid fees may be assessed as a Common Expense against the Unit for which the certificate or statement is furnished. Section 7.10 Compensation. Compensation of Officers shall be subject to the same limitations as imposed in these Bylaws on compensation of Directors. ARTICLE 8 COMMITTEES Section 8.1 Designated Committees . The Association may appoint committees, as deemed appropriate, in carrying out its purposes. Committees shall have authority to act only to the extent designated in the Governing Documents or delegated by the Executive Board. ARTICLE 9 ENFORCEMENT . Section 9.1 Abatement and Enjoinment of Violations by Unit Owners . The violation of any of the Rules and Regulations adopted by the Executive Board or the breach of any provision of the Governing Documents shall give the Executive Board the right, after notice and hearing,except in case of an emergency,in addition to any other rights set forth in these Bylaws: (a) To enter the Unit or Limited Common Element in which,or as to which, the violation or breach exists and to summarily abate and remove, at the expense of the defaulting Unit Owner, any structure, thing or condition(except for additions or alterations of a permanent nature that may exist in that Unit)that is existing and creating a danger to the Common Elements contrary to the intent and meaning of the provisions of the Governing Documents. The Executive Board shall not be deemed liable for any manner of trespass by this action; or (b) To enjoin,abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any breach. Page 13 of 19 Central Condos Bylaws,FINAL.wpd l 2202828 I I IIII III IIIII III IIII pass: 84 of 0912212095 12800P 11111111111111111 INII111111NI1 I Shelley Vance-Gallatin Co MT MISC 493.00 Section 9.2 Fines for Violation . By action of the Executive Board, following notice and hearing, the Executive Board may levy reasonable fines for a violation of the Governing Documents or rules. ARTICLE 10 BOOKS AND RECORDS Section 10.1 Records . The Association or its manager or managing agent, if any, shall keep the following records: (a) An account for each Unit,which shall designate the name and address of each Unit Owner, the name and address of each mortgagee who has given notice to the Association that it holds a mortgage on the Unit,the amount of each Common Expense Assessment, the dates on which each Assessment comes due,any other fees payable by the Unit Owner,the amounts paid on the account and the balance due; (b) An account for each Unit Owner showing any other fees payable by the Unit Owner; (c) The most recent regularly prepared balance sheet and income and expense statement, if any,of the Association; (d) The current operating budget; (e) A record of any unsatisfied judgments against the Association and the existence of any pending suits in which the Association is a defendant; (f) A record of insurance coverage provided for the benefit of Unit Owners and the Association; (g) Tax returns for state and federal income taxation; (h) Minutes of proceedings of meetings of the Unit Owners,Directors,committees of Directors and waivers of notice; (i) Copies of at least the three most recent years' correspondence between the Association and Owners; and 0) A copy of the most current versions of the Declaration,Articles,Bylaws,Rules and Regulations, and Resolutions of the Executive Board, along with their exhibits and schedules. Section 10.2 Examination. The books, records and papers of the Association shall at all times,during normal business hours and after reasonable notice,be subject to inspection and copying by any Member, at their expense, for any proper purpose,except documents determined by the Board to be confidential pursuant to a written policy or applicable law. The Executive Board or the manager shall determine reasonable fees for copying. Page 14 of 19 Central Condos Bylaws,FINAL.wpd 1111111111111111111 22028Z8 1111111Nl1II111111I ++���� 22 Page:9J /20��1 0b 12.00P ihelley Vine-Gallatin Co MT mist 493.00 ARTICLE 11 INDEMNIFICATION Section 11.1 Obligation to Indemnify . (a) The Association shall indemnify any person: (i) Who was or is a party, or is threatened to be made a party, to any threatened,pending or completed action, suit or proceeding, whether civil, criminal,administrative or investigative(other than an action by or in the right of the Association); (ii) By reason of the fact that, that person is or was a Director, Officer or committee member of the Association; (iii) Provided that the person is or was serving at the request of the Association in such capacity; (iv) But no indemnification shall be made where: (1) The person has been adjudged to be liable for negligence or misconduct in the performance of his or her duties to the Association, unless a court determines that,despite the adjudication of liability,but in view of all circumsta-ices of the case, the person is fairly and reasonably entitled to indemnification for the expenses if the court deems proper. (b) The Association's obligation for indemnification shall include: (i)Actual and reasonable expenses (including expert witness fees, attorney fees and costs); (ii) Judgments and fines; and(iii)Reasonable amounts paid in settlement. (c) The Association shall indemnify when the person identified in subsection (a)of this Section: (i) Acted in good faith, and; (ii) In a manner which the person reasonably believed to be in the best interests of the Association, and; (iii) With respect to any criminal action or proceeding,ha-1 no reasonable cause to believe the conduct was unlawful; (iv) To the extent that the person has been wholly successful on the merits in defense of any action, suit or proceeding as described above, the person shall be indemnified against actual and reasonable expenses Page 15 of 19 Central Condos Bylaws,F1NAL.wpd 1111111 IIIII!IIII dill IIIII illlll(IIIII ill 11111 IIII IIII ?� 2828 Shelley Vanoe-aanatln Co MT MISC 493.00 (including expert witness fees,attorney fees and costs)incurred in connection with the action,suit or proceeding. Section 11.2 Determination Required. (a) The Executive Board shall determine whether the person requesting indemnification has met the applicable standard of conduct set forth above. The determination shall be made by the Executive Board: (i) By majority vote of a quorum consisting of those members of the Executive Board who were not parties to the action,suit or proceeding,or; (ii) By independent legal counsel in a written opinion if a majority of those members of the Executive Board who were not parties to the action,suit or proceeding so directs, or; (b) Additionally, the determination may be made by: (i) By a vote of the Members if a majority of those members of the Executive Board who were not parties to the action, suit or proceeding so directs. (c) Determination of any action,suit or proceeding by judgment, order, settlement or conviction, or upon a plea of nolo contenders or its equivalent, shall not of itself create a presumption that the person did not act in good faith and in a manner reasonably believed to be in the best interests of the Association and, with respect to any criminal action or proceeding, had reasonable cause to believe the conduct was unlawful. Section 11.3 Payment in Advance of Final Disposition . The Association shall pay for or reimburse the reasonable expenses as described above in advance of final disposition of the action, suit or proceeding if the person requesting indemnification provides the Executive Board with: (a) A written affirmation of that person's good faith belief that he or she has met the standard of conduct described above and; (b) A written statement that such person shall repay the advance if it is ultimately determined that he or she did not meet the standard of conduct described above. Section 11.4 No Limitation of Rights . The indemnification provided in this Article shall not be deemed exclusive of nor a limitation upon any other rights to which those indemnified may be entitled under any bylaw, agreement,vote of the Members or disinterested members of the Executive Board, or otherwise,nor by any rights which are granted pursuant to C.R.S. § 38-33.3-101,et seq., and the Montana nonprofit corporate law, as those statutes may be amended from time to time. Page 16 of 19 Central Condos Bylaws,FINAL.wpd Ilillllllllllllllllllllllllllllllllllllllllllllllllllls 220?$zGOP Shelley Vanoe-Gallatin Co MT MISC 403.00 Section 11.5 Directors and Officers Insurance . The Association may purchase and maintain insurance on behalf of any person who is or was a member of the Executive Board,the manager, committee members, or anyone acting at the direction of the Board, covering defense and liability expenses arising out of any action, suit or proceeding asserted against such person by virtue of such person's actions on behalf of the Association or at the direction of the Board, whether or not the Association would have the power to indemnify such person against such liability under provisions of this Article. ARTICLE 12 MISCELLANEOUS Section 12.1 Notices to the Association . All notices to the Association or the Executive Board shall be delivered to the office of the manager, or if there is no manager, to the office of the Association, or to such other address as the Executive Board may designate by written notice to all Owners. Except as otherwise provided, all notices to any Owner shall be mailed to the Owner's address as it appears in the records of the Association. All notices shall be deemed to have been given when mailed or transmitted, except notices of changes of address, which shall be deemed to have been given when received. Section 12.2 Waiver . No restriction,condition, obligation or provision contained in these Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. Section 12.3 Office . The principal office of the Association shall be within the Community or at such other place as the Executive Board may from time to time designate. Section 12.4 Working Capital . A working capital fund is established pursuant to the Declaration. Any amounts paid into this fund shall not be considered as advance payment of Assessments. Each Unit's share of the working capital fund may be collected and then contributed to the Association by the Declarant at the time the sale of the Unit is closed or at the termination of Declarant control. Until paid to the Association, the contribution to the working capital shall be considered an unpaid Common Expense Assessment. ARTICLE 13 AMENDMENTS Section 13.1 Bylaw AmendmentsNote of the Members . These Bylaws may be amended only by the affirmative vote of Owners representing at least 75%of all votes in the Association, and by recording of the amendment, if required under the Act. Section 13.2 Restrictions on Amendments . No amendment of the Bylaws of this Association shall be adopted which would affect or impair the validity or priority of any security interest covering any Unit, or which would materially change the provisions of the Bylaws with respect to a first lien security interest or the interest of an institutional mortgagees of record. Page 17 of 19 Central Condos Bylaws,F1NAL.wpd II 1II �I�I II�IIIII � �1.ZZ0o of Go 1 II �II I IIIII II���IIII�I II 8hollay Vanaa-Gallatin Co MT MI8C 483.00 CERTIFICATION I, the undersigned, do hereby certify that I am the Secretary of Baxter Meadows Central Condominium Association, Inc., a Montana nonprofit corporation, and that the foregoing Bylaws constitute the Bylaws of said Association, as duly adopted by the Executive Board. Secretary j STATE OF MONTANA ) ss. COUNTY OF� � ) � The foregoing was acknowledged before me this 1gki`day of September, 2005,by P La.h l j/,/11 a- S _, as Authorized Agent of Baxter Meadows Central Condominium Association,Inc. Witness my hand and official seal. E Notary Public or the State of if,d U ,,._• Residing at ;?. , My Commission expires: U 31, aoD 7 "• :S E A ' ' II!lilllllllll!lllilllll lllllillllllllllllllilllllllll zz0zaz$ I Central Condos Bylaws,FINAL.wpd Shelley Vanae-Gallatin Co Mt M1SC 483.00 R e .FAR J--410 ( i7y o,= ;RoZCM AAJ /CLAN N �!cra Z)e-PA4Z,77 A4 eF Al i Zc7 EASE 04 1 VE Si 2EEi to N`N cq o 2 N Nam le s a i U a IN � C i y A C C � s DESIGN REVIEW GUIDELINES AND REGULATIONS OF BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION DESIGN REVIEW GUIDELINES AND REGULATIONS OF BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION The integration of buildings, improvements and landscape within Baxter Meadows Master Community Association (BMMCA)is essential to the success and appearance of the community. As provided in section 8.1 of the BMMCA Declaration, any and all construction, alterations or improvements, and front yard landscaping shall be subject to advance approval by the BMMCA Design Review Board (DRB). Any deviation from approved plans shall be re-submitted to the Design Review Board for approval. Site Design Regulations serve to protect and enhance the natural landscape, stream corridors,view sheds and natural habitat. No structures, including residences,outbuildings,accessory buildings,tennis courts,swimming pools, antennas (except as otherwise permitted in this Declaration), flagpoles,fences, walls, exterior lighting, landscaping, or any other Improvements shall be constructed,erected,relocated, removed or installed on a Unit or on any lot,nor shall any painting,alteration or change to the exterior of the Improvements,the exterior of a residence,to a Unit or to any lot front yard or to any structure or any attachment to the exterior of a residence(including paint,awnings,patios, decks,or shutters)be commenced unless; complete plans and specifications shall have been first submitted to and approved in writing by the DRB("Committee")as may be outlined in the Rules and Regulations. Additional written approval may be required by sub Architectural Review Committee administered by any Sub association. 1. DESIGN REVIEW PROCESS Section 1. Submission of Plans Before Construction. No residence, fence, wall,garage, outbuilding or other structure shall be made, erected, altered or permitted to remain upon the properties until written plans and specifications showing the design, nature, kind, color, dimensions, shape, elevations, material, use and location of the same shall have been submitted and approved, in writing, by a majority of the DRB as to compliance with these Covenants, as well as appropriate City of Bozeman review,permitting and fee payment.All plans submitted to the City of Bozeman Building Division must have the Baxter Meadows Design Review Board stamp of approval. Section 2. General Requirements. Not less than ninety (90) days prior to the anticipated date of construction commencement, Applicant shall submit two copies of the required documents (see Form "A" attached) for each design review to the following; Deliver or mail to: Baxter Meadows Design Review Board (DRB) c/o lntrinsik Architecture, Inc. 428 E. Mendenhall Street Bozeman, Montana 59715 Submittals must be labeled with "Baxter Meadows Design Review Board" and specific project title and address. Page I of 19 Master Design Review Guidelines,FINAL.wpd IIlIIII III I!!I IIIl IIII IIII Illll IIIIIIII IIII IIlIIIIII!I 2202 82 6 as,u,z006 2.00P Shelley v.no•-0411etin Co MT MISC 140,00 Upon DRB review, the owner will be notified within ten(10) business days after the start of the review cycle date that the design has been approved, approved with stipulations or disapproved. Applications which are submitted to the DRB incomplete will be returned and may be subject to a re-submittal fee. The reasons for approval with stipulation and disapproval will be clarified for the owner in writing and/or with drawings. If the DRB does not contact the owner within ten (10) business days of the review commencement date, the application shall be deemed"dissapproved". An application for withdrawal may be made without prejudice, provided the request for withdrawal is made in writing to the DRB. All variance requests pertaining to the DRB approvals must be made in writing to the DRB. Any variance granted shall be considered unique and will not set any precedent for future decisions. If an application has been denied, or the approval is subject to conditions that the owner feels are unacceptable, the owner may request a hearing before the DRB to justify his/her position. The DRB will consider the arguments and facts presented by the owner and notify the owner of its final decision within ten(10) days of the hearing. Section 3. Construction Completion. If construction of a structure is not commenced within one year after DRB approval, a new DRB application must be submitted. No construction shall be commenced without a valid DRB approval. Any structure to be erected in accordance with an approval so given must be erected and completed within one year from the date of construction commencement. If any structure is commenced and is not completed in accordance with the plans and specifications within one year, the Directors of the Association, at their option, may take such action as may be necessary, in their judgment, to improve the appearance so as to make the property harmonious with other properties and to comply with these Covenants, including completion of the exterior of the combination thereof, or removing the uncompleted structure or similar operations. The amount of any expenditure made in so doing shall be an obligation of the owner. A lien on the property may be recorded and shall be enforceable by an action at law. In lieu thereof, the Association may take such action as is available by law, including an injunction,or action for damages. Section 4. Inspection Procedure. Inspections are required to ensure that construction proceeds in compliance with these covenants and the approved drawings. An inspection is required at each of three stages of construction: framing, siding, and landscaping. The owner shall request an inspection of the improvements by the DRB. Owners are responsible for scheduling an inspection accordingly: 1) when the framing is complete; 2) when siding is at a point, prior to completion, to allow the DRB to see the siding and cladding product(s)installed in their planned locations; and 3)when landscaping components (beds,plants, sod, irrigation,and trees)are installed in their planned locations. The inspections shall only determine compliance with the covenants and approved plans. If the DRB find the improvements were not completed in strict compliance with the covenants and approved plans, the DRB shall notify the owner of the noncompliance within seven (7) days of the inspection request and shall require remedy of the same. The owner shall have seven (7)days Page 2 of 19 Master Design Review Guidelines,FINAL.wpd IIIII III)II�II IIIII IIII)Ililll IIIIII III I�I� III)III 2202826 Shelley Vartaa-Gallatin Co MT MISC 140.03 from the noncompliance notification to remedy the noncompliance or shall submit a work plan delineating the time frame when the noncompliance will be remedied.The DRB may allow up to forty-five (45) days for the noncompliance to be remedied if the submitted work plan provides adequate justification for the requested time. No occupancy of the project shall take place prior to written DRB approval,as well as payment of all inspection and review fees, and any outstanding costs, unless otherwise allowed. If the noncompliance is not remedied within seven (7) days of notification and the owner does not provide a work plan within said time, or if the noncompliance is not remedied within the time frame provided in the work plan as approved by the DRB, the DRB may, at their option, remedy the noncompliance. The owner shall reimburse the DRB upon demand for all expenses incurred in connection therewith. if the owner does not promptly repay such expenses, the DRB shall levy an assessment and file a lien against such owner and the improvement in question and the land on which the same is situated for reimbursement and the same shall be enforced and/or foreclosed upon in the manner provided for by law. No occupancy of the project shall take place prior to written DRB approval as well as payment of both inspections and any outstanding costs, unless otherwise allowed. Section 5. Liability and Variances. Neither the Association, the Declarant, the Directors, the DRB nor the individual members thereof, may be held liable to any person for any damages for any action taken pursuant to these Covenants, including but not limited to, damages which may result from correction, amendment, changes or rejection of plans and specifications, the issuance of approvals, or any delays associated with such action on the part of the Board of Directors. Further, the Committee may, upon application, grant a variance from the Architectural Regulations,provided that the spirit of these Design Guidelines is complied with. The Committee shall have the duty and power to make the final decision on the granting of the variance, without any liability being incurred or damages being assessed due to any decision of the Committee. Within all section of these Design Guidelines,when a variance is indicated that it may be granted, the variance must be requested and approved by the DRB and/or the Bozeman City Commission, as applicable, depending on whether the variance is from the Covenants or from the current City Zoning Ordinance or both. Section 6. Design Review Procedure. STEP 1: Construction Design Review. In addition to verifying the required setbacks, this review checks the designs for correct interpretation of the Architectural Regulations,checks the construction documents for compliance with the DRB and verifies that the previous DRB recommendations have been incorporated. Conformity to applicable local regulations and building codes, as well as obtaining appropriate permits is the responsibility of the architect and/or builder. Forms Required: Acknowledgement Form Page 3 of 19 Master Design Review Guidelines F1NA1. 2202826 Page: 4 of 20 00122120N 12:00P II`` 11��I Ill f}� Shan Ur vanes-Gallatin Co MT MISC 140.00 Form A-Construction Design Review Application Review Fee: Review Fee: $300 for each single family and duplex unit projects. Previously approved plans are subject to a design review fee of$200. Incomplete applications which are returned to Applicant may subject to a $100 re-submittal fee. Fees are based on each individual property. Minimum Drawings Required: • Site Plan (118"= I'-0"scale or larger)showing: North arrow. Property lines and setback lines with dimensions. Building footprints with entry area delineated and overhangs shown as dashed lines. Garden walls,fence lines,location, height and material quality of retaining walls. Water,electric and sewer service. Grading plan. Location of streets. Location,dimensions and materials for walks and drives. Limits of construction activity (no construction, traffic or storage of materials will be permitted beyond these limits). Exterior light locations and type. Location of external equipment(electric meter, location of waste bins, etc.) • Floors Plans (114"= I'--0')showing: Foundation plan dimensioned. Room use labeled and rooms dimensioned Wall,window and door openings dimensioned. Exterior walls dimensioned. All overhangs of floors and roofs as dashed lines. Gross square footage. • Elevations&Sections showing: Each Elevation at'/o"= 1'-0" with colors rendered of fronting street elevation. • Landscape Plan: Including plant listing (name, planting and mature sizes) and their respective locations. • Material Samples: As requested by DRB. Siding and trim sample with actual color applied. STEP 2:Construction Commencement. Construction may not commence without the approval of the City of Bozeman Building Division, necessary permits obtained and fees collected. A copy of Form A- Construction Design Review Application bearing the DRB approval letter must accompany City of Bozeman building permit applications. Page 4 of 19 Master Design Review Guidelines,FINAL.wpd �II�IIIIII�IIIIIIIIIII�IIII IIIIII II IIII pill ?2 02826 gIll 0 ,22/2@@B 12.00 P 9116116Y Vartoa-Gallatin Cc MT M1sc 140.00 The DRB reserves the right to inspect in the field for compliance during any stage of construction. The DRB is empowered to enforce its policy as set forth in the Baxter Meadows Master Community Declaration by any action, in law or equity,to ensure compliance. II. Topography and Features 1. Response to Character of Land Form: Development Areas shall be designated upon all new sites in order to assure that each building site responds to the existing topography, tree masses and adjacent properties. All site plans must indicate surface drainage patterns. 2. Relationship to Open Space: Estate Homes Buildings shall be located in a manner that preserves the character of the open space within the community. When an entirely open site is developed,buildings shall be organized in a cluster that diminishes the scale and impact of the building in the landscape. In addition, indigenous landscape materials shall be introduced to minimize the exposure of the building. Manicured lawns shall be separated from the established native vegetation with landscape materials. 3. Stream Corridor Protection: All buildings and improvements shall maintain a minimum setback of 50 feet from the annual high water line of all streams,rivers,creeks and water courses within all development districts of Baxter Meadows. Uses within the stream setback shall be limited to planting of native riparian vegetation,maintenance of existing non-native vegetation,and the control and maintenance of noxious weeds. The removal of existing native vegetation within the stream shed protection area is not permitted. III. Improvements 1. Driveways &Parking: Site access,when entered from the street,shall be perpendicular to the street. Parking areas and garage doors shall not be the primary visual element of any residence. Landscaping materials shall be used to diminish the impact of the entry to the garage. All parking shall be within the lot boundary,off public and private rights-of-way. No driveway or access shall be allowed to encroach into the side yard setbacks other than those on shared driveway easements filed of record. The construction and maintenance of all driveways and culverts shall be responsibility of the owner. Driveways and parking areas shall be crowned and sloped for adequate drainage and safety. Driveway and parking surfaces shall be constructed of concrete paving units, stone cobbles, asphalt or concrete. Any other material shall be approved by the BMMCA DRB. Materials shall restrict weed growth and maintain a clearly defined edge between the landscaped area and the driveway surface. Materials shalt withstand deterioration from winter snow plowing and erosion. Page 5 of 19 Master Design Review Guidelines,PINAL.wpd I llllil IlII�IIIII III�I I�il1 IIIIII Illl�l III�II1I IIII II 122028200 Shelly Vance-G411atln Cc MT MISC 140.00 • Driveways shall be limited in width to 14 feet minimum and 16 feet maximum at the intersecting street. Drives can be expanded to 24 feet at turn-around areas and parking structures. Maximum driveway grades shall not exceed 1:20 for the first 20 feet from the roadway, and shall not exceed 1:10 slope beyond. 2. Privacy Screens and Retaining Walls: Privacy screens may be used in conjunction with a hot tub or sunning deck. The screening shall be consistent with the overall design, construction and materials of the existing building. Privacy screens shall not be taller than the edge of the roof eaves,and shall not be longer than 16 feet in uninterrupted length. Retaining walls shall be an integral part of the overall design of the site and building. Retaining walls shall not be greater than 4 feet in height,or 24 feet in uninterrupted length. Retaining walls can also be used as a screening device to obscure service areas such as the view of a driveway from the main road. Retaining walls shall be constructed of wood,stone, or approved masonry products, and shall blend into the contour of the existing landscape. Utility boxes and pedestals owned by utility providers shall not be screened or buffered so as to inhibit access and/or function to such above-grade utility systems. 3. Walkways, Paths and Trails: Walkways,paths and trails introduce places for pedestrians within the built and natural environment. The size and character of such paths shall respond to the surrounding buildings and site in the form of material, scale and configuration. Paving units, stone, textured or exposed aggregate concrete and wood shall be the only acceptable materials. Detailed drawings of paths shall be required as a part of the Final Plan review requirements. M. Utilities and Site Details 1. Utilities: All utilities(natural gas,electric, telephone and television cable)shall be installed underground. No antenna or satellite dish shall be installed on any structure,lot or Unit so that it is visible from any street. 18"satellite dishes shall not be required to be screened from adjacent lots. Larger satellite dishes are not permitted. Meters shall be placed in a location so as to be accessible to the meter reader and yet not visible from adjoining roadways. All conduit wires servicing the meter shall be beneath the exterior wall sheathing or enclosed. Meters,transformers and other utility boxes shall be concealed with landscaping. 2. Radon: Radon gas is a hazard found in all soil types throughout the country,and should be anticipated in Baxter Meadows. The owner and architect shall contract an EPA certified installer who shall be responsible for introducing mitigation measures into the design of the building,conducting appropriate tests for radon, and activating the system if necessary. Page 6 or 19 Master Design Review Guidelines,FINAL.wpd IIIIIIIIIIIIII!lIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlIIIIII 2202826 Shelley Vance-Gallatin Ca MT MISC 140.00 • 3. Wood Storage: Firewood shall be stored outdoors shall be stacked in an enclosed area,such as a garage,covered porch,or structure designed for the storage of wood, so as to be invisible to neighboring owners and the street frontage. Such structures shall be architecturally compatible with the material and color of the primary structure, and shall be integrated into the design of the building. 4. Garbage and Refuse Disposal: Trash, garbage and other waste shall not be kept except in sanitary containers. All equipment,garbage cans,wood piles,compost piles or storage piles shall be screened or concealed from view of other dwellings and Common Areas. Sanitary containers may be placed on the street curb for collection only on collection days. IV. Landscape Controls 1. Definitions: Caliper: The diameter of the trunk measured six inches above ground level up to and including four inch caliper size, and measured twelve inches above ground level if the measurement taken at six inches above ground level exceeds four inches. if a tree is of a multi- trunk variety, the caliper of the tree is the average caliper of all of its trunks. Corner Lot: A lot located adjacent to two public streets where those two streets intersect at a perpendicular angle. Mulched Bed: An area within a yard with no turf and 3"minimum depth landscape mulch. Landscape mulches include but are not limited to river rock(typ)or landscape bark(i.e. shredded cedar)(typ)etcetera,separated or contained by appropriate edging material (aluminum, metal, or similar). Yard: A space on the same lot with a principal building,which is open and unoccupied from the ground upward or from the ground downward other than by steps,walks, terraces,driveways,lamp posts and similar structures,and unobstructed by structures. Yard. Front: A yard extending across the full width of the lot between two side lot lines the depth of which is the least distance between the street right-of-way and the front building line. Yard,Rear: A yard extending across the full width of the lot between the two side lot lines and between the real line and a parallel line tangent to the rear of the principal building and the depth of which is the least distance between the rear lot line and the parallel line. Yard, Side: A yard extending between the front building line and the rear building line,the width of which is the least distance between the side lot line and the nearest part of the principal building. 2. Installation: Street Trees: Baxter Meadows Development shall control the installation of street and boulevard trees. Page 7 of 19 Master Design Review Guidelines,F1NAL.wpd 2202826 111111111111 Pass: 8 of 20 09/2212025 12:00P 11I1111111 111111111111 111110111111 ShallaY vanoa-Gallatin Cc M7 MiSC 140.00 !I!! 11i111l III IIIII IIII 11112202f 26P I! II illl IlIII III I Ills l!I Illl Shelley Vance-Gallatin Co MT MiSC 140.00 Sodding Sodding of front yards shall be the responsibility of the builder. On any yards where sodding has not been provided by the builder, the homeowners are responsible for sodding or seeding within one(1)year of property purchase. Mulched Beds: Front yards will be installed with 4-8 shrubs within a mulched bed and shall be the responsibility of the builder, In addition, each home will have a meandering 18"-24"min. wide mulched bed around its perimeter in the rear and side yards to reduce water and mowing damage to the architectural siding. Trees: Trees installed by homeowner are to be planted within property lines. Prior to planting,a utility line locator service must locate utility lines. Trees must not be planted in front yards where they may conflict with utility lines. The minimum required installation shall be(3) small shade trees of 1-2"caliper or one 5' high conifer(evergreen). Recommended species include: Ash (Fraxinus), Honeylocust(Gleditsia Triacanthos),Linden (Tilia), Locust(Robinia Pseudoacacia),Maple(Acer),Mountain Ash (Sorbus Aucaparia),Oak(Quercus), Walnut(Juglans Nigra). Installation shall be the responsibility of the builder. The required installation of a shade tree within 18 months of purchasing property in Baxter Meadows may be substituted for one non-canopy tree (evergreen/conifer). The non-canopy tree must have a min.height of 5'. Heights are measured from the top of the root ball to the plants highest point. Trees installed by homeowners may be planted in front, side or rear yards as long as they are not in conflict with the utility lines and are on the owner's property. Fe_ ncin¢: Any fences installed at the option of an owner shall be no taller than six feet and shall be constructed of wood only. Panel fencing shall have"dog-eared"panels. All owners shall have a locator service locate utility lines prior to digging. Fencing other than that described above must be approved by the Design Review Board prior to installation. 3. Maintenance: Every homeowner shall be responsible for the care of his or her entire lot excluding only the street right-of-way. Maintenance includes lawn care, irrigation and weed control. Mulched beds shall be weed controlled by a consistent spray regime or manual weeding. Pesticides,herbicides, fertilizers, etc. If used shall be applied in strict accordance with the manufacturer's instructions and all applicable laws and in accordance with USDA and the EPA. Every homeowner shall be responsible for the care of his or her lot excluding areas maintained by the BMMCA or any Sub Association. 4. Irrigation Installation and Maintenance: The builder shall be responsible for the installation of irrigation systems within the areas described below. Landscaping plans(including the proposed irrigation equipment to be installed)must be provided to the BMMCA DRB for approval prior to installation. On homes that are irrigated from the BMMCA or any Sub Association system,a list of compatible equipment will be required for installation to ensure proper watering. Page 8 of 19 Master Design Review Guidelines,FINAL.wpd 111111111111�`�1111111Pass: W of 20 2202826 0912212005 p 11111 11111111111111111111 Shelley Vance-Gallatin Cc MT MISC 140.00 The builder shall install separately metered irrigation systems which are controlled by each individual owner. At a minimum, builder shall install front yard piping,heads,and a controller with sufficient capacity for the owner to install an irrigation system in the rear yard. Every homeowner shall be responsible for the maintenance of their entire system excluding only the street right of way. II. BUILDING FORM REGULATIONS The intent of the following building design regulations are to develop architectural unity within the districts of Baxter Meadows while allowing for the vitality of individual expression. A. Buildine Hecht I. Residential Buildings: Building heights within all residential areas of the BMCPOA shall be limited to a maximum of 38 feet.Building height shall be measured from the highest ridge to the adjacent grade. The maximum building height shall never exceed that stipulated and governed by the City of Bozeman. With the approval of the DRB, chimneys, cupolas and other rooftop architectural features may exceed the given maximum height limitations by no more than 4 feet. On complex buildings with multiple heights,the building height shall be determined by calculating the highest ridge line of the building,and measuring to the average of the highest and lowest finished grade. The final elevation of the finished surface materials,whether soil,paving,or decking shall be indicated as the finished grade,abnd shall be shown on the Architect's drawings. B. Roof Form The architecture within Baxter Meadows shall complement and respond to the natural qualities of Bozeman. The consistency and compatibility of roof shapes, pitches and materials will contribute significantly to the continuity of the character of Baxter Meadows. The following design regulations have been developed to allow for distinct building forms while addressing the character of the entire community. Exterior walls shall not exceed 40 feet in length without a change of orientation such as the introduction of dormers,projected bays,or recesses greater than 2 feet. When refining roof forms consideration shall also be given to the prevention of excessive snow build-up and snow shedding. 1. Shape and Pitch: When examining roof shapes and pitches for buildings within Baxter Meadows, designers should consider the simple shapes and pitches of buildings found within traditional neighborhoods. Gable,hip,and modified hip roofs shall be the only acceptable roof forms. Shed roofs shall not be major roof forms. Mansard roofs, pseudo-mansard roofs, curvilinear roofs, and A-frame roofs shall not be allowed for any roof form. Variation in orientation of the dominant roof form is essential to the successful design of large buildings. Dominant roof forms shall not exceed 40 feet in length without a change in orientation or introduction of dormers. Page 9 of 19 Master Design Review Guidelines,FINAL.wpd 1 II 1{III 1 {il 111111 111 lilill ill fill 22028�6P 111 11111111111111 Shelley Vance-Gallatin Co MT MISC 140.00 Within all Development Areas,roof slopes shall be a minimum of 6:12 and a maximum of 12:12. Secondary roofs may be gable,shed,hip,and modified hip roofs with pitches not less than 4:12 when attached to major building forms. Such roof forms shall be integral to the building or roof form. Roof protrusions other than chimneys and plumbing vent stacks shall not be located on any roof facing the front or street side of the building. The BMCPOA DRB [IS THIS THE CORRECT REFERENCE??OR SHOULD THIS BE MASTER ASSOCIATION?]retains the right to waive the minimum or maximum roof pitch requirement when, in its sole judgment,a lower or steep roof pitch is more appropriate for the design of a building,and does not compromise the integrity of the development district. This privilege may be exercised by the DRB without relinquishing its right to enforce the minimum or maximum requirements on other projects. 2. Entry Definition Overhangs&Fascia: Snow in the Bozeman area often builds up on roof surfaces and slides off at irregular intervals. Such slides can damage property,decks,balconies and even injure people. No roof without adequate protection from snow slides shall slope toward driveways, sidewalks,porches,decks,balconies or any other areas that may be damaged or cause injury through the shedding of snow or ice from the roof. Entrances shall be specifically expressed and protected with adequate overhangs. All roofs shall have overhangs of at least 16 inches. All fascia materials shall be a minimum of 6 inches. 3. Dormers and Secondary Roofs: Dormers and secondary roofs are often necessary to add interest and scale to major roof areas and to make habitable use of the attic space within the roof. Dormers and secondary roofs shall be gable,shed,hip,and modified hip roofs and may be stacked in multiple forms. 4. Skylights and Solar Collectors: When designing the location of skylights,consideration shall be given to both the interior and exterior appearance of the unit. Locations shall also be coordinated with window and door locations. Skylights shall be located away from valleys, ridges and all other areas where driving snow may hinder the performance and safety of the unit. Skylights shall be of high quality,insulated,double pane construction. Roof skylights shall be flat in profile;bubble and dome style skylights shall not be permitted. Solar collectors shall be integrated into the overall roof design,and shall be placed flush with the slope of the roof or wall of the building. All solar collectors shall be screened or concealed from view of other dwellings and Common Areas. 5. Chimney Composition,Proportion and Materials: Chimneys, flues and vents can be used to create visual contrast to the dominant roof forms of the buildings within Baxter Meadows. All flues shall be enclosed with a chimney cap and fitted with a spark arrestor. No exposed metal or clay flues shall be allowed. All chimney forms shall relate to the overall building and Page to or 19 Master Design Review Guidelines,FINAL.wpd IIIIIIIIIIIIIIIIIIIIII IIIIIIII illll III IIIIII III IIIIz2e?$z6 , 22/2005 12:OOP Shelley Vanoe-ftallatin Co MT MISC 140.00 shall be covered with stone, stucco or wood siding materials to match exterior finishes of the building. Building vents and flues for such functions as ventilation and exhaust shall be consolidated into enclosures wherever possible and shall typically be concealed from public view. Place roof penetrations on the rear side of the house whenever possible. All exposed metal shall be painted in a color compatible with the color scheme of the house. Attic openings,soffit vents,foundation louvers,or other direct openings in outside walls,overhangs or roofs shall be covered with non- combustible,corrosion-resistant metal mesh. 6. Exterior Wall Form: Exterior wall surfaces shall be no longer than 40 feet in length without the introduction of a minimum 4-foot recess,4-foot projection or change in orientation. Two story exterior wall forms shall be interrupted by minor roof forms. 1. Foundation walls shall be exposed a maximum of eighteen inches(18") above the ground. On sloping grades,siding shall remain at least l'-0" above grade,and the upper edge of the water table shall remain level,stepping down the slope in increments of 4'or less. see above. Concrete foundations exposed more than eighteen inches(18")above grade must have an architectural finish(texture, pattern and/or color). III. MATERIAL AND DETAIL REGULATIONS. When choosing materials for buildings in Baxter Meadows,architects should select materials of an appropriate quality and durability in an often harsh northern environment. Synthetic and composite materials which conserve valuable wood resources should be considered whenever a building owner is contemplating opaque finishes or high maintenance areas. The use of materials and colors for all structures in the development districts shall blend into the surrounding site. The following are the only allowable materials in Baxter Meadows: A. Roof Materials Durable roof materials capable of withstanding the freeze thaw cycle of the environment are required. Cold roof systems with adequate ventilation and insulation are recommended. All roof materials shall carry a Class A or B rating. The following are the only acceptable roof materials: § Treated wood shakes or shingles § Synthetic shakes and shingles § Natural and synthetic slate shingles § Asphalt random tab shingles § Pre-finished metal roofing § Other similar materials,as allowed by the DRB § All roof flashing vents, hoods,and roof accessories shall be copper or a pre-finished metal that blends with the color of the roofing material selected. Page 1 I of 19 Master Design Review Guidelines,FINAL.wpd B. Exterior Wall Materials The character of the building exterior shall be kept simple in order to harmonize and compliment the surrounding environment of the site. Natural materials and subdued colors shall be used on the main body of the building. Exterior trim can be more colorful and may contrast with the main body in order to add visual interest to the predominant neutral tones. Full scale samples of all exterior building materials,including window samples are required in the Final Plan Review. The DRB shall consider materials not listed below that maintain the aesthetic continuity of Baxter Meadows,including pre-finished composite wood products and synthetic siding materials. 1. Stonework: Rock shall be natural or synthetic stone materials. Dry stack settings with minimal exposed mortar are preferred. Stonework shall not be applied to individual wall surfaces in order to avoid a veneer-like appearance and shall continue around corners to an inside corner. Detailed drawings of all exterior stonework shall be required as a part of the final plan submittal. 2. Concrete/Stucco: Exposed concrete foundation walls between ground level and exterior wall siding shall be a maximum of 8 inches. Foundation exposure over 8 inches shall be finished with synthetic textured stucco(stained a subdued color in harmony with the building), stone,or treated wood. I Wood and Wood Product Sidine: Smooth or rough sawn wood siding and approved composite wood products shall be the only acceptable exterior wood sheathing materials. All wood siding shall be painted or stained with an opaque stain. Other wood product siding will be considered by the BMHOA on a case by case basis. 4. Shingles: Natural and synthetic shingles shall be used only as accent or detail materials within the composition of exterior finishes. Shingles shall not be the dominant exterior material on any building. 5. Natural Los?: Natural log materials shall be milled or assembled with irregular lengths and diameters. Prefabricated log homes,including prefabricated kit homes of any type, shall not be allowed. 6. Color Schemes: The color palette of the body of the house shall be from white,cream,earth tones or as approved by the DRB based on color scheme merit or historical precedent. All trim, frames,doors, and windows shall be in a compatible accent color. Page 12 of 19 Master Design Review Guidelines,FINAL.wpd 1II2202826 09c122/2005 12:00P Shelley Vance-Gallatin Co MT MISC 140.00 0 } 2202826 Hill IIIIIIlll IIIIIIlill IIIIIIIIIIIIIIIII 00122/2006f120III III 00P SW Isr Vanoa-Gallatin Co MT MISC 140,011 Color schemes must be varied from the two adjacent properties, in each direction. Attached dwelling units exempted from each other. Exterior color schemes throughout Baxter Meadows shall emphasize the natural tones of the surrounding natural environment and those of a traditional neighborhood development. Large exterior wall surfaces shall be painted or stained with natural tones.Trim and other accenting details of the building may be of a brighter intensity and contrasting color scheme.Color schemes shall emphasize the contrast between basic wall surfaces and accented details.All exterior color schemes shall be reviewed by the DRB as a part of the Plan Review process. Natural materials and subdued colors shall be used on the main body of the building.Exterior trim can be more colorful and may contrast with the main body in order to add visual interest to the predominant neutral tones. 7. Sidina. Siding shall be run horizontally or vertically,but not at other angles to horizontal. 8. Masonry Stonework. Stonework shall be natural or approved synthetic stone materials. Dry stack, uncoursed settings with minimal exposed mortar are preferred. Stonework shall not be applied to individual wall surfaces in order to avoid a veneer-like appearance. It shall continue around corners to an inside comer. C. Exterior Windows and Doors l. Scale,Composition and Proportion: Windows and doors shall be of a consistent size,shape and orientation throughout a given building. Window and door patterns and reveals shall be carefully studied to create interest and variety. Large scale windows and doors shall be recessed or trimmed a minimum of 6 inches in exterior wall surfaces. Uninterrupted bands of windows and doors shall not be allowed in any building. Window and door locations shall be carefully considered to avoid being obscured by accumulating snow. 2. Solar Orientation and Exposure: The design and location of exterior windows shall respond to the solar orientation of the building. The following energy considerations shall be addressed in the building design: § Double or triple glazing § Neutral density gray solar tinting § Openings caulked around windows and doors § Weather-stripping § Storm windows § Entry Vestibules Page 13 of 19 Master Design Review Guidelines,FINAL.wpd IIIIIIIIIIIIIIII IIIIIIII IIIIII! Ill zze5of20 IIIIIIIIIIIIII II Shelley Vance-0allatln Co MT MISC 140.00 3. Materials: Windows and doors shall be constructed of natural,stained or painted wood,or pre-finished aluminum,enamel or vinyl cladding. All glazing shall be framed in walls of stone,stucco or wood. Glass curtain walls shall not be approved in any circumstance. Mirrored glass shall not be used. Glass storm panels,set within the window sash,may be used within divided-light windows,provided that the storm panel is installed on the interior side of the window. Divided light glass must be authentic appearing. 4. Garage Doors: Garage doors shall not be oriented toward the street, and shall be de-emphasized in the elevation of the building and screened. Garage doors should be the same color as the building,and shall not be lighter in color than the building. It is encouraged that all garage doors be separated for each vehicle. Single,double- width(14' or larger)garage doors will be considered,however,they must be detailed to appear to be separated for each vehicle. D. Decks, Balconies,Terraces and Porches: 1. Desi n: Decks,balconies,terraces and porches shall be designed to enhance the overall architecture of the building by creating variety and detail on exterior elevations. Covered decks,projecting balconies and bay windows shall be integrated with, rather than randomly placed throughout,the building. Terraces shall be used to integrate the building and landscape by creating a transition between the built and natural character of the site. No deck,balcony or porch shall be used for the storage of any items except normal furniture. No exterior carpeting may be used if it is visible from any neighboring lot or the street. All railings shall be wood or approved wood-like material finished to be compatible with the color scheme of the house. 2, Materials: Low level decks shall be skirted to grade, while providing proper ventilation and access. Decks which are not practical to skirt shall be designed to assure that the underside of the deck is integrated with the design of the building. Exposed metal joist hangers shall not be visible. Posts shall be a minimum of eight inches square,and shall be paired together to diminish a thin visual appearance. The dimensions of two-story columns shall be increased to account for the great height. Materials and colors shall be consistent with the building and surrounding landscape, Front porches are intended to be open to allow for interaction with the street. Screened-in porches and glazing are not permitted. Porch supports shall be built of stone,masonry,concrete,or wood. Column base piers shall be no less than 16"x 16" square and wood columns shall be no less than 8"square. No exterior carpeting may be used if it is visible from any neighboring lot or the street. Page 14 of 19 Master Design Review Guidelines,FINAL.wpd 111111111111111111111 1111111111111111illllllllll 2202826 5 P II I Sh6lley Vane-Gallatin Cc MT MISC W.00 E. Night Sky Requirements The major street intersections on Baxter Lane must be illuminated with lights that meet the City's standard requirements. In addition,all outdoor lighting(residential, commercial or otherwise)shall be free of glare,and shall be fully shielded or shall be indirect lighting. No lighting shall be beyond a property's lot line. No ranch lights or unshielded lights shall be permitted. No mercury vapor lights shall be permitted. For purposes of this paragraph,the following definitions shall apply: a. Fully-shielded lights: Outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test expert. b. Indirect light: Direct light that has been reflected or has scattered off of other surfaces. C. Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see, and in extreme cases,causing momentary blindness. d. Outdoor lighting: The nighttime illumination of an outside area or object by any manmade device located outdoors that produces light by any means. Page 15 of 19 Master Design Review Guidelines,F1NAL.wpd IIIIlIIIIlIIlIIIIIIIIIIII ?z@2826 IIIII IIIIII III IIIIII I!I illl 02/22/2005 12:96P Shelley Vanoo-Gallatin Co MT MISC 140.00 IN WITNESS WHEREOF,the Design Review Guidelines and Regulations have been executed this day of kpn 20,05 Baxter Meadows West,LLC, a Montana limited liability company Authorized Agent STATE OF MONTANA ) : ss COUNTY OF GALLATIN } This instrument was acknowledged before me on /q `dF&wkm6?r,,�X S� ,by in rlrr._ ,as Authorized Agent of Baxter Meadows West, LLC. CC, [[ At Notary Public f he State of Montana Print Name: 'h . `'.�` Residing at: Cyr . • (�- •' (SEAL) My Commission Expires: J-10 Master Design Review Guidelines,FINAL.wpd IIIIIIflllf III 220?Szs fi IIlflf fll Illlllfflllllllllll 0 Il lfll 9144/2008 12,00P Shelby Vance-Gallatin Co MT MISC 140.00 ACKNOWLEDGMENT FORM Owner acknowledges that he/she has received, read, and will abide by the Community Declaration for Baxter Meadows Master Community(the"Master Declaration"). Violations of the Master Declaration and/or addenda will be remedied by the Baxter Meadows Master Community Association whereupon the Lot/Home Owner will be responsible for the cost of the remedy. I (We) am/are the owners)of record of Lot in Phase of Baxter Meadows Planned Unit Development. I/We have read these requirements and understand their implications, Furthermore,I(we)have been given sufficient opportunity to discuss these requirements with a member of the Baxter Meadows Design Review Board(DRB). My(Our) signature(s)below is/are evidence of my/our intent to comply with these requirements. Signature-Lot Buyer: Date: Printed Name: Date: Signature- Lot Buyer: Date: Printed Name: Signature-Contractor: Date: Printed Name: Mailing Address: Telephone: FAX: Email: Page 0 of 19 Master Design Review Guidelines,F1NAL.wpd e 1! II II 1 Illlli Ill�IIII�Ili II 2202826 o20 lllllll IIIIIIIIIIII II I II Shellev Vance-Gallatin Co MT MISC 140.00 FORM A: Construction Design Review Application LOT NUMBER, Phase: Owner: Mailing Address: Telephone: FAX:_ Email: BUILDER: Firm: Address: Telephone: FAX:_ Email: ARCHITECT; Firm: _ Address: Telephone: FAX:_ Email: LANDSCAPE ARCHITECT: Firm: Address: Telephone: FAX:_ INFORMATION 1. Are any variances from the Baxter Meadows Code being requested under this application? i Yes I No Page 18 of 19 Master Design Review Guidelines,FINAL.wpd I�II�I IIII� II �IIIII III II I II ++ Page: 20 of 20 2202826 I IIIIII IIIIII!II IIIIII II I� Shelley Vrano*—Gallatin Co MT MISC 140.00 If yes,please describe the variance and the reason for it. 2. Items submitted(please check): i Review Fee i Acknowledgement Form I Site Plan 1 Floor Plans i Roof Plan 1 Elevations i Landscape Concept Plan Submitted by: Date: Signature: Page 19 of 19 Master Design Review Guidelines,FINAL.wpd DEVELOPMENT MEMORANDUM JAN 2 � 2007 IDEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT TO: Lanette Windemaker Bozeman Planning FROM: Harley Huestis Project Manager DATE: January 29, 2007 RE: Updated Phase 2C/D Letter of Credit Lanette— Please find attached a revised letter of credit from First Interstate Bank for Baxter Meadows Phase 2C/D in the amount of$286,081.50. 3985 Valley Commons Drive Bozeman,MT 59718 (406)586.9922 • FAX(406)586.9921 • First Interstate Bank 401 N.31 st St. P.O. Box 30918 First Billings,MT 59116-0918 �.�,, _ 406-255-5000 8,Interstate www.firstinterstatebank.com Bank AMENDED IRREVOCABLE STANDBY LETTER OF CREDIT Date of Amendment: January 25,2007 Letter of Credit No. 1109600313 (Amending the original Letter of Credit dated August22,2005) FOR THE ACCOUNT OF APPLICANT: iN FAVOR OF BENEFICIARY: Baxter Meadows Development,LP City of Bozeman 6780 Trade Center Avenue P. O.Box 1230 Billings, MT 59101 Bozeman,MT 59771-1230 EXPIRATION DATE: This Amended Irrevocable Standby Letter of Credit will extend be maturi-y date to: on or before the close of business on November 13,2007 at our Counters in Billings, Montana. Gentlemen: We hereby issue in favor of Beneficiary our AMENDED Irrevocable Standby Letter of Credit in the amount of TWO HUNDRED EIGHTY-SIX THOUSAND, EIGHTY-ONE DOLLARS AND 50/100 U.S. DOLLARS($286,081.50),which is available by your draft drawn on us at sight,accompanied by the following document: "Statement duly executed by a representative of the Mayor and City Council cf the City of Bozeman stating that "The Applicant has a lien placed on the subdivision known as Tract 2A and 4A of Certificate of Survey No.2202A,located in the S %2 of Section 34, Township 1 South, Range 5 East, and the NE '/ of Section 3,Township 2 South, Range 5 East, P.M.M. Gallatin County, Montana and with this Letter of Credit will provide infrastructure costs such as road paving,landscaping and lighting for street development known as Phase 2C&2D in Baxter Meadows Subdivision in Bozeman,Montana." The original of this Letter of Credit along with your draft must be presented to us by certified mail or in person and addressed to FIRST INTERSTATE BANK, P.O. Box 30918,Billings, Montana 591.16, Attention: Jeremiah Rouane. We hereby engage that drafts drawn under and in compliance with the terms of this credit will be duty honored/accepted on presentation on or before the expiration date of this credit. It is understood that the Beneficiary,upon acceptance of this Letter of C-ed:t,agrees that all partial payments for improvements completed in the development and approved by the City may reduce thi3 letter of credit by the amount of the payment. Sincerely, FIRST INTERSTATE BANK Authorized Signer: Scott W. Sanders Authorized Signer: Bruce C. Parker CI*F BOZEMAN . DEPARTMENT OF PLANNING AND COMMUNITY DEV=LOPMENI Alfred-M. Stiff Professional Building phone 4C6-582-22E0 20 East Olive Street fax 4C6-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net January 17, 2007 Potter Clinton Development, Inc. 3985 Valley Commons Drive Bozeman, MT 59718 Re: Baxter Meadows Subdivision Phases 2C/D - Letter of Credit No. 1109600313 Dear Harley; We have reviewed your request for financial guarantee reduction received on January 9, 20C 7,, and based upon your Engineer's and Landscape Architect's certification, Bob Murray and I have approved the request. The City of Bozeman approves the reduction to First Interstate Bank Letter of Credit No. 1109600313, issued in the amount of $552,501.00. Please have a new Letter of Credit issued in the amount of $286,081.50 for the remaining improvements to be completed. After you provide the new Letter of Credit in the amount of $286,081.50 to the Planning Office, we will process it and return Lester of Credit No. 1109600313 to you. If you have any questions, please give me a call at 586-5266. Sincerely, Lanette Windemaker, AICP Contract Planner File: cc: Baxter Meadows Development, LP, P.O. Box 81487, Billings, MT 59108. planning • zoning • subdivision review . annexation • historic preservation • t•ousing • Grant administration . neighborhODd�cordi-iotion �l. MEMORANDUM JAN 2 9 2001 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT TO: Lanette Windemaker Bozeman Planning FROM: Harley Huestis Project Manager DATE: January 29, 2007 RE: Updated Phase 2C/D Letter of Credit Lanette— Please find attached a revised letter of credit from First Interstate Bank for Baxter Meadows Phase 2C/D in the amount of$286,081.50. 3985 Valley Commons Drive Bozeman,MT 59718 (406)586-9922 • FAX(406)586-992-1 T c • First Interstate Bank 401 N.31 st St. P.O.Box 30918 First Billings,MT 59116-0918 ' S 5-5000 www.fi www.firstinterstatebatk.cam Bank AMENDED IRREVOCABLE STANDBY LETTER OF CREDIT Date of Amendment: January 25,2007 Letter of Credit No. 1 1 096003 13 (Amending the original Letter of Credit dated August 22,2005) FOR THE ACCOUNT OF APPLICANT: IN FAVOR OF BENEFICIARY: Baxter Meadows Development,LP City of Bozemzn 6780 Trade Center Avenue P. 0.Box 1230 Billings,MT 59101 Boz:man,MT 59771-1230 EXPIRATION DATE: This Amended Irrevocable Standby Letter of Credit will extend&e maturity date.to: on or before the close of business on November 13,2007 at our Counters in Billings, Montana. Gentlemen: We hereby issue in favor of Beneficiary our AMENDED Irrevocable Standby Letter of Credit in the amount of TWO HUNDRED EIGHTY-SIX THOUSAND, EIGHTY-ONE DOLLARS AND 50/100 U.S. DOLLARS($286,081.50),which is available by your draft drawn on us at sight,accornpanied by the following document: ' "Statement duly executed by a representative of the Mayor and City Counc.l of the City of Bozeman stating that "The Applicant has a lien placed on the subdivision known as Tract 2A and 4A of Certificate cf Survey No 2202A,located in the S Y/ of Section 34, Township 1 South, Range 5 East, and the NE % of Section.3,Township 2 South, Range 5 East, P.M.M. Gallatin County,Montana and with this Letter of Credit will provide infrastructure costs such as road paving,landscaping and lighting for street development known as Phase 2C S 21)in Baxter Meadows Subdivision in Bozenan,Montana." The original of this Letter of Credit along with your draft must be p-esented to us by certified mail or in person and addressed to FIRST INTERSTATE BANK, P.O.Box 309i 8,Billings, Montana 59116, Attention: Jeremiah Rouane. We hereby engage that drafts drawn under and in compliance with the terms of this credit will be duly honored/accepted on presentation on or before the expiration date of this credit. It is understood that the Beneficiary,upon zcceptance of this Letter of Credit,agrees that all partial payments for improvements completed in the development and approved by the City may reduce this letter of credit by the amount of the payment. Sincerely, FIRST INTERSTATE BANK Authorized Signer: Scott W. Sanders Authc.-ized Signer: Brute C. Parker CI*F BOZEMAN • DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENI Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net January 17, 2007 Potter Clinton Development, Inc. 3985 Valley Commons Drive Bozeman, MT 59718 Re: Baxter Meadows Subdivision Phases 2C/D - Letter of Credit No. 1109600313 Dear Harley; We have reviewed your request for financial guarantee reduction received on January 9, 2007, and based upon your Engineer's and Landscape Architect's certification, Bob Murray and I-have approved the request. The City of Bozeman approves the reduction to First Interstate Bank setter of Credit No. 1109600313, issued in the amount of $552,501.00. Please have a new Letter of Credit issued in the amount of $286,081.50 for the remaining improvements to be completed. After you provide the new Letter of Credit in the amount of $286,081.50 to the Planning Office, we will process it and return Letter of Credit No. 1109600313 to you. If you have any questions,please give me a call at 586-5266. Sincerely, 1 � I Lanette Windemaker, AICP Contract Planner File: cc: Baxter Meadows Development, LP, P.O. Box 81487, Billings, MT 59108. planning • zoning . subdivision review . annexation . historic preservation • housing . grant administration . neighborhood coordination CIT*F BOZEMAN 0 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT u_ I Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@boz�-man.net Bozeman, Montana 59771-1230 www.bozeman.net January 17, 2007 Potter Clinton Development, Inc. 3985 Valley Commons Drive Bozeman, MT 59718 Re: Baxter Meadows Subdivision Phases 2C/D -Letter of Credit No. 1109600313 Dear Harley; We have reviewed your request for financial guarantee reduction received on January 9, 2007, and based upon your Engineer's and Landscape Architect's certification. Bob Murray and I have approved the request. The City of Bozeman approves the reduction to First Interstate Bark_ Letter of Credit No. I IC9600313, issued in the amount of $552,501.00. Please have a new Letter of Credit issued in the amount of $286,081.50 for the remaining improvements to be completes. Afte_ you provide the new Letter of Credit in the amount of $286,081.50 to the Planning Office, we will process it and return Letter of Credit No. 1109600313' to you. If you have any questions, please give me a call at 586-5266. Sincerely, Lanette Windemaker, AICP Contract Planner File: cc: Baxter Meadows Development, LP, P.O. Box 81487, Billings, MT 59108. planning • zoning • subdivision review . annexation • historic preservation • housing . gra-)t administratio-i • neighborhood coordination CITOF BOZEMAN 0 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENI I 4� I Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planningCkrozeman.net Bozeman, Montana 59771-1230 www,bozemon.net January 17, 2007 Potter Clinton Development, Inc. 3985 Valley Commons Drive Bozeman, MT 59718 Re: Baxter Meadows Subdivision Phases 2C/D -Letter of Credit No. 1109600313 Dear Harley; We have reviewed your request for financial guarantee reduction received on January 9, 20,07, and based upon your Engineer's and Landscape Architect's certification, Bob Murray and I have approved the request. The City of Bozeman approves the reduction to First Interstate Bank Letter of Credit No. -.109600313, issued in the amount of $552,501.00. Please have a new Letter of Credit issued in the amount of $286,081.50 for the remaining improvements to be completed. After you provide the new Letter of Credit in the amount of $286,081.50 to the Planning Office, we will process it and return Letter of Credit No. 1109600313 to you. If you have any questions, please give me a call at 586-5266. Sincerely, Lanette Windemaker, AICP Contract Planner File: cc: Baxter Meadows Development, LP, P.O. Box 81487, Billings, MT 59108. planning . zoning . subdivision review . annexation • historic preservation . housing . gran-administration . neighbonccad coordination BAXTER MEADOWS DEVELOPMENT,L.P. 9107 JOB ADDRESS-COST CATEGORY• - - Inv Date Invoice # OL Num Amount H002CD-0 PHASE 2 C& D-7820 Draw- Legal, Prof&Othe 1/2/2007 4065869921 1421 $200.00 • �"� C� CC� �MC� JAN 0 9 2007 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT PAID TO: BZMN CIT CITY OF BOZEMAN 04-Jan-07 $200.00 I ' _ s CITY OF BOZEMAN CUSTOMER RECEIPT Oper: PROFCASH Type: EP Drawer: 1 Date: 1/10/07 01 Receipt no: 91270 Descripption Quantity �ount ' SU DGCD: UBDIVISION EXEMPT 1.00 $200.00 BAXTER MEADOW Tender detail CK CHECK 9107 $200.00 Total tendered $200.00 Total payment . $200.00 Trans date: 1/09/07 Time: 16:11:44 THANK YOU! D C E0.WE JAN 0 9 2007 .... CITY OF BOZEMAN DEPARTMENT OF PLANNING pl a DEPARTMENT OF PLANNING AAD-MANUIBBEOWENT Alfred M.Stiff Professional Building phone 406-582-2260 ;•• 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozemon.net Bozeman,Montana 59771-1230 www.bozeman.net DEVELOPMENT REVIEW APPLICATION 1.Name of Project/Development: Baxter Meadows Subdivision,P.U.D.,Phase 2C&2D 2.Property Owner Information: Name: Baxter Meadows Development,L.P. E-mail Address: rbergland@baxtermeadows.com Mailing Address: P.O.Box 81487;Billings,MT 59108 Phone: (406) 896-4910 FAX: (406)896-4911 3.Applicant Information: Name: Potter Clinton Development E-mail Address: harley@pcdevelopment.com Mailing Address: 3985 Valley Commons Drive;Bozeman,lbiT 59718 Phone: (406) 586-9922 FAX: (406)586-9921 4.Representative Information: Name: Same as Above E-mail Address: Mailing Address: Phone: FAX: Baxter Meadows Subdivision,Phases 2C&21),two parcels of land,being portions of tract 2A of COS No 2202A,in the SE 1/4 and the 5.Legal Description: SW 1/4 of Section 34,TIS,R5E,P.M.M.,Bozeman,Gallatin County,Montana o 6.Street Address: Equestrian Lane and Ferguson Avenue 7.Project Description: Subdivision within P.U.D.of 72 single family lots,4 multi-family lots,and 5 park parcels 8.Zoning Designation(s): R-3&B-2 9.Current Land Use(s): Residential 10.Bozeman 2020 Community Plan Designation:Residential and Community Commercial Page 1 Appropriate Review Fee Submitted 0 • • 11. Gross Area: Acres: 22.27 Square Feet: 970,192 12.Net Area: Acres: 10.79 Square Feet: 469,843 13.Is the Subject Site Within an Overlay District? ❑ Yes,answer question 13a ❑✓ No,go to question 14 13a.Which Overlay District? ❑Casino ❑ Neighborhood Conservation ❑ Entryway Corridor 14.Will this application requite a deviation(s)? 0 Yes ❑ No 15.Application Type(please check all that apply): ❑O.Planned Unit Development—Concept Plan ❑A.Sketch Plan for Regulated Activities in Regulated Wetlands ❑P.Planned Unit Development—Preliminary Plan ❑B.Reuse,Change in Use,Further Development Pre-9/3/91 Site ❑Q.Planned Unit Development—Final Plan ❑C.Amendment/Modification of Plan Approved On/After 9/3/91 ❑R.Planned Unit Development—Master Plan ❑D.Reuse,Change in Use,Further Development,Amendment/COA ❑S.Subdivision Pre-application ❑E.Special Temporary Use Permit ❑T.Subdivision Preliminary Plat ❑F.Sketch Plan/COA ❑U.Subdivision Final Plat ❑G.Sketch Plan/COA with an Intensification of Use ❑V.Subdivision Exemption ❑H.Preliminary Site Plan/COA ❑W.Annexation ❑I.Preliminary Site Plan ❑X Zoning Map Amendment ❑J.Preliminary Master Site Plan ❑Y.Unified Development Ordinance Text Amendment ❑K.Conditional Use Permit ❑Z.Zoning Variance ❑L.Conditional Use Permit/COA ❑AA.Growth Policy Map Amendment ❑M.Administrative Project Decision Appeal ❑BB.Growth Policy Text Amendment ❑N.Administrative Interpretation Appeal 0 Ocher:Letter of Credit Reduction This application must be accompanied by the appropriate checklist(s),number of plans or plats,adjoiner information and materials,and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8'/,- by 11-inches or larger than 24-by 36-inches folded into individual sets no larger than 81/2-by 14-inches. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Application deadlines are 5:00 pm every Tuesday. This application must be signed by both the applicant(s)and the property owner(s)(f different)before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the temts and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development,approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. Finally,I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. I(We)hereby certify that the above information is true and correct to the best of my(our)knowledge. Applicant's Signature: ` Date: t c� (0 -7 Applicant's Signature: Date: Property Owner's Signature: Date: Property Owner's Signature: Date: Property Owner's Signature: Date: Page 2 (Development Review Application—Prepared 11/25/03) • ve DEVELOPMEN MEMORANDUM TO: L.anette Windemaker Bozeman City Planning FROM: Harley Huestis Project Manager DATE: January 2, 2007 RE: Baxter Meadows Phase 2C/D Letter of Credit Reduction Lanette — Baxte_Meadows Development would like to reduce their letter of credit for Phase 2C/D. Please End enclosed the revised schedules of remaining quantities,signed by the engine:and landscape architect. The total revised letter of credit amount should now be$286,081.50. Cost 150%of Estimate Cost Infrastructure: 63,855.00 95,782.50 Landscaping: 126,866.00 190,299.00 Total: 190,721.00 $286,081.50 Please call if you have any questions. 3985 Valley Commons Drive Bozeman,MT 59718 (406)586-9922 • FAX(406)586-9921 s • r� i,�, .�' i, '�t �? i! �JJ� !I� I S�� i� � .I 1 1 ; ' . � i� EXIHBIT A ENGINEER'S CERTIFICATE REGARDING Incomplete Subdivision Infrastructure Baxter Meadows Subdivision, Phases 2C and 2D December 29, 2006 This document relates to the above referenced two tracts of land being a portion of the remainder of Tract 2A of Certificate of Survey No. 2202A, Located in the SW '/a and the SE 1/a of Section 34 in T1S,R5E, P.M.M. City of Bozeman Gallatin County, Montana. The incomplete work as of the above date includes alley improvements for the Baxter Meadows Subdivision, Phases 2C and 2D Infrastructure. Also attached is the schedule of values, based on bid schedules for this project. Unit prices show that the total improvements amount totals $63,855.00. I certify that based on existing conditions at this time in Bozeman the attached cost estimate totaling$95,782.50 is a realistic cost for the improvements outlined above. Respectfully Submitted Keith Waring, P.E. KELITH E. ' 4'JA?IPlG ' No. 15161P.E �w= O, � 0'NA 1, C``X • 0 BAXTER MEADOWS PHASE 2C/D REMAINING QUANTITIES ON IMPROVEMENTS AGREEMENT UPDATED 12/05/05 CURRENT QUANTITIES Item# Description Unit Price Est.Oty Amount 1 CONC SIDEWALK,IN PLACE $3.00 21,285.00 $ 63,855.00 GRAND TOTAL $63,855.00 REMAINING WORK IN CONTRACT $63,855.00 REQUIRED IMPROVEMENT AGREEMENT AMOUNT $ 95,782.50 FINAL COST ESTIMATE-SUMMARY Project: Baxter Meadows Subdivision Phase: Phase 2B, C, D &Future Updated Date: December 15, 2006 Prepared By: Peaks to Plains Design,P.C. ITEM DESCRIPTION TOTAL Concrete Sidewalk 5'wide; for cut-through $ 20,850 Gravel Trails 8'wide; City of Bozeman stds. $ 2,625 Shade trees 2"cal. B&B $ 6,650 Ornamental trees 7 gal. cont. OR 1-1/2"cal. B& B $ 4,550 Coniferous trees 5'-6' height $ 1,560 Shrubs 2 gallon container $ 1,155 Seed Mix#1 Turf Lawn Seed/Hydromulch $ 3,201 Seed Mix#2 Native Seed/H dromulch $ 488 Rotor Irrigation 6" pop-up seed mix#1 $ 23,866 Drip Irrigation to trees in native lawns only $ 864 Swings GameTime (P1238 &P1239) $ 1,445 Swing Seats-Regular GameTime #8699 $ 400 Swing Seats-Tot GameTime #8695 $ 540 Playground equipment GameTime Walker Three $ 11,000 Playground Mount Pkg. GameTime #23029 $ 1,025 Playground surfacing Fibar Mulch;#312 $ 9,978 Thickened edge concrete around playground Assume 12"wide walk $ 1,392 Basketball Court 50'x 84'court-asphalt surface $ 2,500 Basketball Posts GameTime#459 $ 810 Basketball Backboard GameTime#854 $ 1,190 Basketball Net GameTime#454 $ 290 Picnic Table between basketball ct. and swings $ 780 Benches 6' length; with back $ 8,764 Seats 6' length;without back $ 7,160 Trash Receptacle GameTime; UL9300 $ 1,400 Pet Waste Disposal 1JJ13 Solutions JJB006 $ 850 SUBTOTAL $ 115,333 MOBILIZATION & INSURANCE 10% $ 11,533 TOTAL $ 126,866 (� Not Approved nEaks '.! J� rjate: �,t dote :t n ylAfl eoncapt Or „teckuty is oa'y lha cc �ptltff�Gt pac,i�r,..c� k3 r .. .,,•r+ 4 t Page 1 f • s�4s:t,��t1s:��i2,z,•�i��s��sN,,-t<aZ�;s�ft ' :t:i��a's�4 o1*J�r, a ; 'CIS 32rriq :s�rriq • .�.�i ,rs:;iL�tl anis;4�. t3i z.�ry`I :Y�1. fssyr►c�titi .1■ �lATC? �fnlTg#Sid C i bv:rin��t�id -fua i Q i 'a� � Alrwgbi@ otsiznoC zsa.S ':ahi2 nrrr walo YK) .ebiw'S zliyT i;.lvs•i;. _2 � S Et .icy "5 zssm# obsde Cd2;� 8 Z 8 :lno"Sir-#' qC :Inoo %r;i 2.901; letn--rriurriv • Q�" _ � �� � - �. _t�i!?isrt'd�L �u991i�i019�iEtaa -- - . _ -..... - >;�{' .r 5 _-*�--�:�` ti. *"� ',.- - `!�r`f�t�tffi:"fi�libt a •- ,. .'=''` ;� .t .�... roS E p -dolumo;b�tt- eeP, rwlL}I fuT t#xlM bs--18 R t3 - �.. itimmbxHt-sja svitsC!li - S -00 t)ss2 tt xi;n azj qu-gcq ''8 - r1o1jpQ411lotop 2351t 01 Obsunil Q1101 dam,!' - � '�✓✓Si'�1 �3 8£St�}oroi`t'srrts� �z�niv�2 _ PQd rni'i'Ams� 7r�,u sq=�tGs� niw2 omso .(1 � �Bv8�k srriiTsmsC - toT-zfs92 iw� nCo.r r � ( eAT 7o�is1�''<t smi7sms # t�rrtgi�ip? hm,oi� faiS (ts4 srrtiT9aisr) Oq tnucl41 btiuol siq ,t��t A,-,h rirdi9 prtlas'riva bnuq�p e,19 r +i ill,v,obiw IV mrmmaA bouaipys1q bnum rosfiva#ladqu-huQa't8 X'Ad MOO 41sdtsAas8 - �. _ . R # miTgmU _ o9 lisdt6Ap_G8J.rB a ; �t� arniT'errirc'� t)i&0!A3GS 1h-*dt9A2f8 001, ; ' i,dAi 9rni1 smsC rsM lisdiaAas8 087 iki ermiwa bn3 J3 iisdleAnd nsswtod _ gldGT oinoiq �8C.8• - � R� �...^`.�...� {:�sd ri:iw,ri nsl '� 2srion98 • Car C toorti w:01pi1si'8 ziss� .�._ oOA,i $ �,� _ fl£LJU;gmiTornr�C �• 1or so q flzmT Q $ (8f;0>ii.#,3 rnottt�102'c3U. t a4 2+t� alas W Jq, i Av l ii t spsq l wz- DEVELOPMENT MEMORANDUM TO: Lanette Windemaker Bozeman City Planning FROM: Harley Huestis Project Manager DATE: January 2, 2007 RE: Baxter Meadows Phase 2CID Letter o f Credit Reduction Lanette— Baxter Meadows Development would like to reduce their letter of credit for Phase 2C/D. Please find enclosed the revised schedules of remaining quantities,signed by the engineer and landscape architect. The total revised letter of credit amount should now be $286,081.50. Cost 150%of Estimate Cost Infrastructure: 63,855.00 , 95,782.50 Landscaping: 126,866.00 190,299.00 Total: 190,721.00 $286,081.50 Please call if you have any questions. 3985 Valley Commons Drive Bozeman,MT 59718 (406)586-9922 • FAX(406)586-9921 } y • • EXMIT A ENGINEER'S CERTIFICATE REGARDING Incomplete Subdivision Infrastructure Baxter Meadows.Subdivision, Phases 2C and 2D December 29, 2006 This document relates to the above referenced two tracts of land being a portion of the remainder of Tract 2A of Certificate of Survey No. 2202A, Located in the SW '/a and the SE '/4 of Section 34 in T1S, R5E, P.M.M. City of Bozeman Gallatin County, Montana. The incomplete work as of the above date includes alley improvements for the Baxter Meadows Subdivision, Phases 2C and 2D Infrastructure. Also attached is the schedule of values, based on bid schedules for this project. Unit prices show that the total improvements amount totals $63,855.00. I certify that based on existing conditions at this time in Bozeman the attached cost estimate totaling $95,782.50 is a realistic cost for the improvements outlined above. Respectfully Submitted Keith Waring, P.E. �. h ITN L. • 4'JAR,1tlG IV r.• BAXTER MEADOWS PHASE 2C/D REMAINING QUANTITIES ON IMPROVEMENTS AGREEMENT UPDATED 12/05/05 CURRENT QUANTITIES Item# Description Unit Price Est.Oty Amount 1 CONC SIDEWALK,IN PLACE $3.00 21,285.00 $ 63,855.00 GRAND TOTAL $63,855.00 REMAINING WORK IN CONTRACT $63,855.00 REQUIRED IMPROVEMENT AGREEMENT AMOUNTI $ 95,782.50 f FINAL COST ESTIMATE-SUMMARY Project: Baxter Meadows Subdivision Phase: Phase 2B, C, D &Future Updated Date: December 15, 2006 Prepared By: Peaks to Plains Design, P.C. ITEM DESCRIPTION TOTAL Concrete Sidewalk 5'wide; for cut-through $ 20,850 Gravel Trails 8'wide; City of Bozeman stds. $ 2,625 Shade trees 2" cal. B&B $ 6,650 Ornamental trees 7 gal. cont. OR 1-1/2" cal. B& B $ 4,550 Coniferous trees 5'-6' height $ 1,560 Shrubs 2 gallon container $ 1,155 Seed Mix#1 Turf Lawn Seed/Hydromulch $ 3,201 Seed Mix#2 Native Seed/H dromulch $ 488 Rotor Irrigation 6" pop-up (seed mix#1) $ 23,866 Drip Irrigation to trees in native lawns only $ 864 Swings GameTime (P1238& P1239) $ 1,445 Swing Seats-Regular GameTime (#8699) $ 400 Swing Seats-Tot GameTime (#8695) $ 540 Playground equipment GameTime Walker Three $ 11,000 Playground Mount Pkg. GameTime (#23029) $ 1,025 Playground surfacing Fibar Mulch; #312 $ 9,978 Thickeneda ge concrete around playground Assume 12"wide walk $ 1,392 Basketball Court 50'x 84' court- asphalt surface $ 2,500 Basketball Posts GameTime#459 $ 810 Basketball Backboard GameTime#854 $ 1,190 Basketball Net GameTime#454 $ 290 Picnic Table between basketball ct. and swings $ 780 Benches 6' length; with back $ 8,764 Seats 6' length; without back $ 7,160 Trash Receptacle GameTime; UL9300 $ 1,400 Pet Waste Disposal JJJB Solutions(JJB006) $ 850 SUBTOTAL $ 115,333 MOBILIZATION & INSURANCE 10% $ 11,533 TOTAL ___�- $ 126,866 t Page 1 .i • MEMORANDUM TO: Lanette Windemaker Bozeman City Planning FROM: Harley Huestis Project Manager DATE: January 2, 2007 RE: Baxter Meadows Phase 2C/D Letter of Credit Reduction Lanette— Baxter Meadows Development would like to reduce their letter of credit for Phase 2C/D. Please find enclosed the revised schedules of remaining quantities,signed by the engineer and landscape architect. The total revised letter of credit amount should now be $286,081.50. Cost 150%of Estimate Cost Infrastructure: 63,855.00 95,782.50 Landscaping: 126,866.00 190,299.00 Total: 190,721.00 $286,081.50 Please call if you have any questions. 3985 Valley Commons Drive Bozeman,NIT 59718 (406)586-9922 • FAX(406)586-9921 EXMIT A ENGINEER'S CERTIFICATE REGARDING Incomplete Subdivision Infrastructure Baxter Meadows Subdivision, Phases 2C and 2D December 29, 2006 This document relates to the above referenced two tracts of land being a portion of the remainder of Tract 2A of Certificate of Survey No. 2202A, Located in the SW '/a and the SE '/a of Section 34 in T1S, R5E, P.M.M. City of Bozeman Gallatin County, Montana. The incomplete work as of the above date includes alley improvements for the Baxter Meadows Subdivision, Phases 2C and 2D Infrastructure. Also attached is the schedule of values, based on bid schedules for this project. Unit prices show that the total improvements amount totals $63,855.00. I certify that based on existing conditions at this time in Bozeman the attached cost estimate totaling $95,782.50 is a realistic cost for the improvements outlined above. Respectfully Submitted Keith Waring, P.E. n.' K7-fTH E. '.� Wt�iiI t 'i�1 = =.-•n rga. ,,5i 51F, w C. 1 S✓v J \ BAXTER MEADOWS PHASE 2C/D REMAINING QUANTITIES ON IMPROVEMENTS AGREEMENT UPDATED 12/05/05 7 CURRENT QUANTITIES Item# Description Unit Price Est.Ot Amount 1 CONC SIDEWALK,IN PLACE $3.00 21,285.00 $ 63,855.00 GRAND TOTAL $63,855.00 REMAINING WORK IN CONTRACT $63,855.00 REQUIRED IMPROVEMENT AGREEMENT AMOUNTI $ 95,782.50 i s FINAL COST ESTIMATE-SUMMARY Project: Baxter Meadows Subdivision Phase: Phase 2B, C, D & Future Updated Date: December 15, 2006 Prepared By: Peaks to Plains Design, P.C. ITEM DESCRIPTION TOTAL Concrete Sidewalk 5'wide; for cut-through $ 20,850 Gravel Trails 8'wide; City of Bozeman stds. $ 2,625 Shade trees 2" cal. B&B $ 6,650 Ornamental trees 7 gal. cont. OR 1-1/2" cal. B& B $ 4,550 Coniferous trees 5'-6' height $ 1,560 Shrubs 2 gallon container $ 1,155 Seed Mix#1 Turf Lawn Seed/Hydromulch $ 3,201 Seed Mix#2 Native Seed/Hydromulch $ 488 Rotor Irrigation 6" pop-up (seed mix#1) $ 23,866 Drip Irrigation to trees in native lawns only $ 864 Swings GameTime (P1238& P1239) $ 1,445 Swing Seats-Regular GameTime (#8699) $ 400 Swing Seats-Tot GameTime (#8695) $ 540 Playground equipment GameTime Walker Three $ 11,000 Playground Mount Pkg. GameTime (#23029) $ 1,025 Playground surfacing Fibar Mulch; #312 $ 9,978 Thickenededge concrete around playground Assume 12"wide walk $ 1,392 Basketball Court 50'x 84' court- asphalt surface $ 2,500 Basketball Posts GameTime#459 $ 810 Basketball Backboard GameTime#854 $ 1,190 Basketball Net GameTime#454 $ 290 Picnic Table between basketball ct. and swings $ 780 Benches 6' length; with back $ 8,764 Seats 6' length; without back $ 7,160 Trash Receptacle GameTime; UL9300 $ 1,400 Pet Waste Disposal JJJB Solutions (JJB006) $ 850 SUBTOTAL $ 115,333 MOBILIZATION & INSURANCE 10%1 Is 11,533 TOTAL ______- $ 1269866 Page 1 CI F BOZEMAN 0 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net MEMORANDUM TO: Laurae Clark, Treasurer FROM: Tara Hastie, Administrative Assistant DATE: November 27, 2006 RE: #Z-05223, P-05040 Baxter Meadows Phases 2C & 2D Attached is the original Amended Letter of Credit#1109600313 for Baxter Meadows Phases 2C & 2D, dated November 13, 2006, for the City of Bozeman and Baxter Meadows Development LP in the amount of$552,501.00 from First Interstate Bank to guarantee improvements related to their project. Please hold it until you are either directed to issue'drafts against them due to default, or to return the amount to the issuer when improvements are completed. planning • zoning • subdivision review • annexation • historic preservation • housing • grant administration • neighborhood coordination a, . First Interstate Bank • 401 N.31 st St. (� P.O. Box 30918 D vv First Billings,MT 59116-0918 406-255-5000 NOV 2 7 2006 ,Interstate www.firstinterstatebank.com Bank DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT �a I . 6 Y:-------------------- AMENDMENT TO: IRREVOCABLE STANDBY LETTER OF CREDIT#1109600313 NOVEMBER 13,2006 FOR THE ACCOUNT OF APPLICANT: IN FAVOR OF BENEFICIARY: Baxter Meadows Development,LP City of Bozeman 6780 Trade Center Avenue PO Box 1230 Billings,MT 59102 Bozeman,MT 59771-1230 WE HEREBY AMEND LETTER OF CREDIT NO. 1109600313 DATED AUGUST 22, 2005 AS FOLLOWS: AMOUNT OF LETTER OF CREDIT IS REDUCED TO$552,501.00. EXPIRATION DATE IS NOVEMBER 13,2007. Sincerely, FIRST INTERSTATE BANK Authorized Sign e,Scott W. Sanders thorized Signature,Susa M.Riplett COOF BOZEMAN DEPARTMENT OF PLANNING AND COMIMUNITY-DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 MID P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozemon.net December 14, 2005 Potter Clinton Development, Inc. 3985 Valley Commons Drive Bozeman, MT 59718 Re: Baxter Meadows Subdivision Phases 2C/D - Letter of Credit No. 1109600313 Dear Harley; We have reviewed the, December 12, 2005, revised cost estimates and request for financial guarantee reduction. The City of Bozeman approves the reduction to Letter of Credit No. 1109600313 from $834,915.80 to $549,033.00. If you have any questions,please give me a call at 586-5266. Sincerely, Lanette Windemaker, AICP Contract Planner File: cc: Baxter Meadows Development, LP, P.O. Box 81487, Billings, MT 59108. planning . zoning . subdivision review . annexation • historic preservation • housing . grant acministration . neighborhood coordination CI&F BOZEMAN j^ DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT v_3 , Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning@bozeman.net Bozeman, Montana 59771-1230 www.bozeman.net ' December 14, 2005 b Potter Clinton Development, Inc. 3985 Valley Commons Drive Bozeman, MT 59718 Re: Baxter Meadows Subdivision Phases 2C/D - Letter of Credit No. 1109600313 Dear Harley; We have reviewed the, December 12, 2005, revised cost estimates and request for financial guarantee reduction. The City of Bozeman approves the reduction to Letter of Credit No. 1109600313 from $834,915.80 to $549,033.00. If you have any questions, please give me a call at 586-5266. Sincerely, Lanette Windemaker, AICP Contract Planner File: cc: Baxter Meadows Development, LP,P.O. Box 81487, Billings, MT 59108. planning . zoning subdivision review . annexation • historic preservation housing • grant administration . neighborhood coordination DEVELOPMENT FLZ Tt 'o A MEMORANDUM !d PaRTMENT�r OF PLANNING toP Id, UNITY DEVELOPMENT TO: Lanette Windemaker Bozeman City Planning FROM: Harley Huestis Project Manager DATE: December 12, 2005 RE: Baxter Meadows Phase 2C/D Improvements Agreement Lanette- Please find enclosed the revised schedule of remaining quantities on our improvements agreement for Baxter Meadows Phase 2C/D. The quantities have been revised to include sidewalk. I believe the total amount due on the letter of credit should now be$641,064.00 (@150% of actual cost estimate). Please confirm and we will resubmit a revised letter of credit. Thank you. V­ -J, 3985 Valley Commons Drive Bozeman,MT 59718 (406)586.9922 0 FAX(406)586-9921 'TVV VVV VOLT 7r&A I/ V l 3985 Valley Commons Drive Bozeman, MT 59718 Fax# (406) 586-9921 Phone#(406) 586-9922 FACSIMILE TRANSMISSION COVER SHEET DATE: �.0 12 OGJ PLEASE DELIVER THE FOLLOWING PAGES TO: AA ewe COMPANY: b2a fr t r!aU^ FAX_ FROM: rim NUMBER OF PAGES (INCLUDING COVER SHEET):_ 5 The information contained in this fax message is privileged and confidential information intended only for the use of the individual or entity names above. If the rcadcr of this fax message is not the intended recipient or the employee or agent responsib!e to deliver it to the intended recipient,you are hereby on notice that yotr are in possession of confidential And privileged information_ Any dissemination, distribution or copying of this communication is strictly prohibited. You will irnmcdiately notify the sender by telephone of your inadvertent receipt. Return the original fax message to the sender at the address above via the United States Postal Service. MESSAGE: 1F THERE ARE, Y PROBLEMS WITH THIS TRANSMISSION, PLEASE CONTACT CONNIE OI AC AT (406) 586-9922. It- is w, VcrciVNIIlcnL gill., , I tV0 000 yyLl KOA- -1 MEMORANDUM TO: Lanelie Windemaker Bozeman City Planning FROM: Harley Huestis Project Manager DATE: December 12, 200,5 RE: Baxter Meadows Phase 20D Improvements Agreement Lanette - Please find enclosed the revised schedule of.remaining quantities on our improvements agreement for. ]Baxter Meadows Phase 20D. The quantities have been revised to in. sidewalk. I believe the total amount due on the letter of credit should now be$641,064.00 (@150% of actual cost estimate). Please confirm and we will resubmit a rcviscd letter of credit. Thank you. 3985 V IL-v Commons Drive Bozeman,MT 59718 (406)586.9922 • FAX(406)586 9921 12/09/05 FRI 14:30 FAX 1406 64951 T D & H Z 002 EXMIT A ENGINERR'S CERTIFICATE REGARDING Incomplete Subdivision Infrastructure Baxter Meadows Subdivision,Phases 2C and 2D December 5, 2005 This document relates to the above referenced two tracts of land being a portion of the remainder of Tract 2A of Certificate of Survey No. 2202A,Located in the SW 1/4 and the SE V. of Section 34 i.n T1S,R5E,P.M.M. City of Dozernan Gallatin County,Montana- The incomplete work as of the above date includes alley improvements for the Baxter Meadows Subdivision,Phases 2C and 2D Infrastructure. Also attached is the schedule of values,based on bid schedules for this project.Unit prices show that the total improvements amount totals$122,708.00. I certify that based on existing conditions at this time in Bozeman the attached cost estimate totaling$184,062.00 is a realistic cost for the improvements outlined above. Respectfully Submitted Keith Faring,P.R. • • •KEITH E. • EF WAp1NG v- No. PP:W -�" N'A4,� \`��� 12/09/05 FRI 14:30 FAX 14068864951 T D & H 9 001 0 �fiuum,IIuLu 1M Iluhm Tat TD&i — f ILn�va 1'iuA UMu1lteL>• r�L�IL FACSIMILE Date: 12/9/05 From: Keith Waring To: Harley Heustis No. of pages: 3 (inc&des thtt pup) Fax No.: 586-9921 Subject: Baxter Meadows T'D&HJ'ob No.: B05-016-002&003 ❑Urgent ❑For Review 0 For Your Use ❑Please Reply ❑Hard Copyto follow Harley, Here is the revised Engineer's Certificate Regarding Yncamplete Subdivision Infrastructure for Baxter Meadows Phases 2C&2D_ The previous Certificate did not include sidewalks. Z15 WE+e Mendenhall,,Suite C-1 •Boz m yr.SIT S,9715 Tel:(406)566-0277•Fax(406)586.4951 T EXMIT A ENGINEER'S CERTIFICATE REGARDING Incomplete Subdivision Infrastructure Baxter Meadows Subdivision,Phases 2C and 2D December 5, 2005 This document relates to the above referenced two tracts of land being a portion of the remainder of Tract 2A of Certificate of Survey No. 2202A,Located in the S'W 1/4 and the SE Vs of Section 34 in T1S, R5E,P.M.M. City of Bozeman Gallatin County,Montana. The incomplete work as of the above date includes alley improvements for the Baxter Meadows Subdivision,Phases 2C and 2D Infrastructure. Also attached is the schedule of values, based on bid schedules for this project.Unit prices show that the total improvements amount totals $.122,708.00. I certify that based on existing conditions at this time in Bozeman the attached cost estimate totaling $184,062.00 is a realistic cost for the improvements oatlined above. Respectfully Submitted Keith Waring, P.E_ o N T ARN14,i����� KEITH E. WARING o- NO. 15161PE -W A1.,� �kk' I111 BAXTER MEADOWS PHASE 2C/D REMAINING QUANTITIES ON IMPROVEMENTS AGREEMENT UPDATED 12/05/05 CURRENT QUANTITIES Item# Description Unit Price Est,Oty Amount 1 1.5"MINUS CRUSHEO BASE.IN PLACE(6"THK) $2.40 1.220.00 S 2,928.00 2 HOT PLANT MIX,3"THK $8.50 2,140.00 $ 13,910.00 9 1CONC SIDEWALK, IN PLACE $3.00 35,29a.00 $ 105,870.00 GRAND TOTAL $122,708.00 REMAINING WORK IN CONTRACT $122,708.00 REOUIRED IMPROVEMENT AGREEMENT AMOUNT 15 184,062.00 12-12-051 8:53AM;P. C. Development Inc r ; 1 405 586 9921 # 4/ 5 1.2/09/05 FRI 14:30 FAX 140do4951 T D & H CA 003 BAXTER MEADOWS PHASE 20D REMAINING QUANTITIES ON IMPROVEMENTS AGREEMENT UPDATED 12/05/05 CURRENT QUANTITIES Item# Description Unit Price Est,Qty. Amount 1 1.5"MINUS CRUSMED BASE.IN PUKE(6'THK) SL40 .1220,00 S 2,9213,00 z HOT PLANT MIX,3"THK $0.50 2,140.00 S 13,910.00 9 CONC SJOEWALK, IN PLACE $5,09 352Bo.00 IS 105,870.00 GRAND TOT 022,708.001 �0=— REMAINING WORK IN CONTRACT $122,708.00 REOUIREt)IMPROVEMENT AGREEMENT AMOUNT a 184.0UZ-00 • i n -- E � DEC a 8 2005 DEPARTMENT OF PLANNING ' AND COMMUNITY DEVELOPMENT 5 December 2005 Lanette Windemaker Bozeman City Planning 20 E. Olive St. Bozeman, Mt 59715 Re.: Baxter Meadows Improvements Agreements Credit Dear Ms. Windemaker: As you are aware, Baxter Meadows Development has letters of credit with the city associated with improvements agreements for Phases I and 2C/D. Phase I is now finished,and we would like the City to release the letter of credit for that phase. I have enclosed a copy of the current letter of credit,,as well as an itemization of the work it covers, which is now all complete. The one item that would seem to be outstanding is the streetlights. However,the SILD is in place for that, and we have paid the portion that we are responsible for to NWE. They have the poles here in town and will install them as soon as their schedule permits. Phase 2C/D is substantially complete, and we would like to reduce the letter of credit for that phase. I have enclosed a revised itemization of work to be completed, which merely consists of paving the alleys and landscaping. Upon your approval, I will have the bank resubmit a revised letter of credit for the current amount, which should equal: Estimated 150% Infrastructure: 16,838.00 25,257.00 Landscaping: 243,314.00 364,971.00 Total: 260,152.00 $390,228.00 Thank you for your attention to this matter and please call if you have any questions. Sincerely, Harley Hues is Project Manager 3985 Valley Commons Drive Bozeman,MT 59718 (406)586-9922 • FAX(406)586-9921 11/2112005 16:23 14668964911 COTTONWOOD COMPUTER PAGE 62 First Interstoft Bank 401 N.31 st St. First P.O.Box 30918 Interstate Billings,MT 5911 to-0918 Bank 406-255-5000 www.flmdnterstMebank.com IRREVOCABLE STANDBY LETTER OF CREDIT . 01tober15,2004 Le tter of Credit No. 1109600282 FS R THE ACCOUNT QF APPLICANT: IN FAVOR OF BENEFICIARY: Ba rter Meadows Development,LP City of Bozeman 6710 Trade Center Ave P.O.Box 1230 Billings, MT 59102 Bozeman,MT 59171-1230 Eh P1RATION DATE: On or before the close of business on December 1,2005 at our Counters in Billings,Montana. Gei itlemen: We hereby issue in favor of Beneficiary our Irrevocable Standby Letter of Credit in the amount of TWO HU NDRED NINE THOUSAND AND SEVEN HUNDRED T14IRTY-SIX DOLLARS&NO/100's U.S. DQ LLARS($209,736.00),which is available by your draft drawn on us at sight,accompanied by the _ foil>win I�document: State n,cnt duly executed by a representative of the Mayor and City Council of the City of Bozeman stating that""The Applicant has a lie a pla�cd on live subdivision known as Tracm 1,2,3 and 4 of Certificate of Survcy No. 2202, located in Section 34, Tow tsliip h South, Range 5 East,and Section 13,Township 2 South,Range 5 East,P.M.M.Gallatin County,Montana and with thii 1.1 tter of Credit.will provide final street Improvements on Davis Lanc In Bozcman,Mon(ana.." The origihal of this Letter of Credit along with your draft must be presented to us by certified mail or in pers)n alyd addressedito FIRST INTERSTATE BANK,P.O.Box 30918,Billings,Montana'59116, Atte itionlJeremiah Rouane. We i iereb�engage that drafts drawn under and in compliance with the tert4 s of this credit will be duly hone red/akcepted on presentation on or before the expiration date of this credit. It is indeistood that the Beneficiary,upon acceptance of this Letter of Credit,agrees that all partial payn tentior improvements completed in the development and approved by the City may reduce this letter of cr-.dit y the amount of the payment. Since rely, FIRS F IN ERSTATE BANK l Ar6tlu sized Signer: Scott.W.Sanders i Authorized Signer; Bruce Parker I 1 i I ' Baxter Meadows Development, L.P. Phase 1 Letter of Credit Disbursement Tracking III, ��;?�h2.aiw Lift Station $2,500 $200 $2,300 Sidewalks $12,855 $12,855 Punch List $22,750 $22,750 Landscaping $60,363 $25,178 $35,185 Baxter Lane $10,000 $10,000 Lighting $18,000 $18,000 Thermoplastic Tape $27,711 $27,711 Site Cleanup $10,000 $10,000 Pocket Park Access Drive $8,190 $6,864 $1,326 Alley Gravel / Paving $38,500 $20,097 $18,403 Discrepancy $1,133 -$1,133 Total $209,736 $52,339 $157,397 Letter of Credit $209,736 . 12/05/05 MON 16:23 FAX 14665864951 T D & H l ]002 EMBIT A ENGINEER'S CERTIFICATE REGARDING Incomplete Subdivision infrastructure Baxter Meadows Subdivision,Phases 2C and 2D December 5, 2005 This document relates to the above referenced two tracts of land being a portion of the remainder of Tract 2A of Certificate of Survey No_ 2202A,Located in the SW 1/a and the SE i/of Section 34 in T1S,RSE, P.M.M. City of Bozeman Gallatin County, Montana. The incomplete work as of the above date includes alley improvements for the Baxter Meadows Subdivision, Phases 2C and 2D Infrastructure. Also attached is the schedule of values,based on bid schedules for this project. Unit prices show that the total improvements amount totals$16,838. ) certify that based on existing conditions at this time in Bozeman the attached cost estimate totaling$25,257.00 is a realistic cost for the improvements outlined above. Respectfully Submitted Keith Waring,P.E. . 6 N TANS KEITH E. , WARING ; No. 151151 PE ; w a• &/0NAL1 ���\\ 12/U5/U5 AWN lb:LJ kAA 14Ut *bU42i51 T D & H I91003 • • . BAXTER MEADOWS PHASE 2C/D REMAINING QUANTITIES ON IMPROVEMENTS AGREEMENT UPDATED 12/05/05 CURRENT QUANTITIES Item# Description Unit Price Est.Qty Amount 1 1.5"MINUS CRUSHED BASE, IN PLACE(6"THK) $2.40 1,220.00 $ 2,928.00 2 HOT PLANT MIX,3"THK $6.50 2,140.00 IS 13,910,00, GRAND TOTAL $16,838_00 REMAINING WORK IN CONTRACT $16.838.00 REQUIRED IMPROVEMENT AGREEMENT AMOUNTI 1 $ 25.257.00 8-t 9-05; 2;38W ID. C. Development Inc ; t 406 586 9921 3/ 4 FINAL COST ESTIMATE-SUMMARY Project; Baxter Meadows Subdivision Phase: Phase 2B, C, D & future Date: August 9, 2005 Prepared By: Peaks to Plains Design,P.C. ITEM DESCRIPTION TOTAL_ Asphalt Trails 10'wide $ 9,592 Concrete Sidewalk 5'wide; for cut-through $ 17,800 Gravel Trails 8'wide; City of Bozeman stds. $ 2,625 Shade trees 2"cal. B&B $ 47,690 Ornamental trees 7 gal, cunt. OR 1-1/2"cal. B & B $ 4,550 Coniferous trees 5'-6' height $ 1,560 Shrubs 2 gallon container $ 1,155 Seed Mix#1 Turf Lawn Seed/H dromulch $ 3,226 Seed Mix#2 Native Seed/H dromulch $ 488 EDn Irrigation 6"pop-up seed mix 41 $ 36,296 tionto trees in native fawns onl $ 1,080 Game7irne P1238 & P1239 1,445 ats-Re ular GameTime #8699 $ 400 ats-Tot GameTime #8695 $ 540 nd a ui ment GameTime Walker Three $ 11,000 nd Mount Pk , GameTime #23029 $ 1,025 nd surfacin Fibar Mulch;#312 $ 9,978 a ge concrete around playground Assume 12"wide walk $ 1,392 Pedestrian Bride N wide x 30' length 1 $ 18,000 Basketball Court 50'x 84'court-asphalt surface $ 10,000 Basketball Posts GameTime#459 $ 810 Basketball Backboard GameTime#854 $ 1,190 Basketball Net GameTime#454 $ 290 Picnic Table between basketball et, and swings $ 780 Benches 6' length, with back I $ 8,764 Seats 6'length; without back $ 7,160 Trash Rece tacle GameTime; UL9300 $ 1,400 Pet Waste Disposal JJB Solutions JJB006 $ 850 SUBTOTAL $ 201086 - MOBILIZATION & INSURANCE 10% $ 20,109 CONTINGENCY 100/0 $ 22,119 TOTAL $ 243,314 Page 1 • ! 1 Rmt Interstate Bank First P.O. N.31st St. •' Y A_A_ P.O.Box l ..L'G/Y Billings,MT T 59 59116-0918 Bank. 406-255-5000 www.firstinterstatebank.com IRREVOCABLE STANDBY LETTER OF CREDIT August 22,2005 Letter of Credit No. 1109600313 FOR THE ACCOUNT OF APPLICANT: IN FAVOR OF BENEFICIARY: Baxter Meadows Development,LP City of Bozeman 6780 Trade Center Ave P.O. Box 1230 Billings, MT 59102 Bozeman, MT 59771-1230 EXPIRATION DATE: On or before the close of business on August 22,2006 at our Counters in Billings, Montana. Gentlemen: We hereby issue in favor of Beneficiary our Irrevocable Standby Letter of Credit in the amount of EIGHT HUNDRED THIRTY-FOUR THOUSAND,NINE HUNDRED FIFTEEN DOLLARS AND 80/100 ($834,915.80),which is available by your draft drawn on us at sight,accompanied by the following document: Statement duly executed by a representative of the Mayor and City Council_of the City of Bozeman stating""The Applicant has a lien placed on the subdivision known as Tracts 2A and 4A of Certificate of Survey No.2202A,located in the S'/: of Section 34, Township 1 South, Range 5 East, and the NE '/< of Section 3,Township 2 South, Range 5 East, P.M.M. Gallatin County, Montana and with this Letter of Credit will provide infrastructure costs such as road paving, landscaping and lighting for street development known as Phase 2C&2D in Baxter Meadows Subdivision in Bozeman,Montana.." The original of this Letter of Credit along with your draft must be presented to us by certified mail or in person and addressed to FIRST INTERSTATE BANK,P.O. Box 30918, Billings, Montana 59116, Attention Jeremiah Rouane. We hereby engage that drafts drawn under and in compliance with the terms of this credit will be duly honored/accepted on presentation on or before the expiration date of this credit. It is understood that the Beneficiary,upon acceptance of this Letter of Credit, agrees that all partial payments for improvements completed in the development and approved by the City may reduce this letter of credit by the amount of the•payment. Sincerely, FIRST INTERSTATE BANK uthorized ott W. Sanders Authorized Signer: Bruce Parker CIT F BOZEMAN DE TMENT OF PLANNING AND C&UNITY DEVELOPMENT .. Alfred M. Stiff Professional Building pho ne 406-582-2260 -!'� 20 East Olive Street fax 406-582-2263 "'j planning@bozeman.net 0"� P.O. Box 1230 www.bozeman.net Bozeman, Montana.59771-1230 MEMORANDUM TO: Laurae Clark, Treasurer FROM: Carol L. Schott, Administrative Assistant d DATE: September 1, 2005 RE: #P=05040 and#Z-05223 Baxter Meadows, Phases 2C & 2D Attached is the original Letter of Credit#1109600313 dated August 22, 2005, for the account of Baxter Meadows Development, LP, in,favor of the City of Bozeman in the amount of$834,915-80 from First Interstate Bank to guarantee the remaining site improvements related to the Baxter Meadows, Phases 2C & 2D. Please hold the LOC until you are either directed to either issue drafts against it due to default, or to return the funds to First Interstate Bank when the improvements are completed. Also, included is $100.00 in cash for the remainder of the financial guarantee. The original LOC was short that amount. Please deposit the $100.00 in the Demand Account. Please call me if you have any questions. Thank you! planning zoning subdivision review . annexation historic preservation housing grant administration neighborhood coordination 09/02/05 FRI 10:55 FAX 14065864951 T D & H R002 nvaiav,D=rk Hmmm� M11) atwdug f.;o Won- ............... Date: 9/1/05 To: Lanette Windemaker,AICP From: Keith Waring Subject: Baxter.Meadows Phases 2C and 2D TDH Job No.: B05-016-002 Lanette, I have adjusted the following table to reflect the items that are to be financially guaranteed. I have corrected the sidewalk quantity and cost to include the sidewalk that is to be located between lots 7 and 8. The developer is aware that this portion of the sidewalk is required and is planning on having it installed. I have matched the same financial amount that I had provided previously. Since the original submittal,the curb and gutter has been completed and most of the finished gravel has been placed,therefore, the amount is conservative. Thank you.for. your, help in this manner. Keith C: Harley Huestis,PC Development Michael McGullam 215 West Mendenhall,SuileC-1 #BozemanMT59715&Tel:(40())586-0277&Pax(406)586-4.951 ti 09/02/05 FRI 10:55 FAX 14065864951 T D & H 2003 • is BARTER MEADOWS PHASE 2C 2D item Description Est.Ty Unit Unit Price Amount 1 POND OUTLET RIPRAP 51.00 SY $20.00 $1,020.00 2 POND OUTLET STRUCTURE 2,00 EA $800.00 $1,600.00 3 1,5"MINUS CRUSHED BASE, IN 8,235.50 SY 2.40 $19,765.20 4 1 HOT PLANT MIX 3°THK 15.919.00 SY $6.50 $103,473.50 6 ITYPE A HC PED RAMP 8.5'X8.5' 12.00 EA 1 $760.00 9 000.00 TYPE B HC PED RAMP 8-5!X14.E 8.00 EA 1 $3,200.00 $25 600.00 TYPE C SINGLE 8.5' 2.00 EA $550.00 $1,100,00 TYPE D 8.5'X11.5'BLVD 2.00 EA $3,000.00 $6,000.00 TYPE E SINGLE 11.5' 2.00 EA $650,00 $1,300.00 TYPE F REPLACE ONLY RAMP 2.00 EA $650.00 $1.300.00 7 CONC ALLEY APRON 31.00 SY $58.50 $1,813.60 8 CONC VALLEY GUTTER AND FIL 26,00 SY $58.50 $1,521.00 8 ICONQ SIDEWALK, IN PLACE 35,290.00 SF 3.00 $105,870.00 10 ISITE GRADING AND EXC 0.25 LS $50,000.00 $12 500.00 11 ISIGNS IN PLACE NEW STOP/ST 4.00 EA $350.00 $1,400.00 NEW STREET SIGN 6.00 EA $350.00 $2,100.00 INSTALL W14-1,DEAD END 810t 6.00 EA $350.00 $2100.00 12 CURB BULB DELINEATORS 80.00 EA $60.00 $4 800.00 13 CURB BULB PAINTING 800.00 LF $2.00 1 600.00 GRAND TOTAL $303,863,20 4OVREMENT MAINING WORK IN CONTRACT $303,863.20 AGREEMENT AMOUNT 1 1 $ 455,794.80 Page 1 rem}inin8 quanlil:=&18.05.As 9l1/2005 Thomas,Dean&Hoskins,Inc. I TD& En ineerin Consultants ` ) r g' g �� I! September 1, 2005 RE: Baxter Meadows Phase H Improvements Agreement City of Bozeman Planning Department P.O. Box 1230 Bozeman,MT 59771-1230 Attention Lanette windemaker, We anticipate submitting the final plat application for the subject project on or about August 1, 2005. 1 am providing the cost estimates for you se,that you will be able to draft the improvements agreement. The improvements that must be covered in the agreement include construction of sidewalks, signage, streets, and detention pond. The su=ary below itemizes these costs. 215 West Mendenhall, Suite C-1 Bozeman, MT 59715 • (406)586-0277 • FAX(406)586-4951 09/02/05 FRI 10:56 FAX 14065864951 T D & H 005 Kern 9 Description 'Est.4ty Unit Unit Price Amount '1 ' POND OUTLET RIPE AP "' 51.00 :SY T� $20..00 $1 020.00 .2 • POND OUTLET.STRUCTURE 2.00 .EA $800.00 $i a00.w. 3 .1.5"MINUS.CRUSHED BASE IN PLACE B"THK 8235.50 . •SY $2.40 $19 76520 4. .• HOT'PLANT'MIX,3"THK 15,9t9.00 SY• $6.50 103.473.50. 5 'TYPE A HC PED-RAMP 8.5'X8.5' 12.00 EA• $750,00 $9 060.00 TYPE S HC PED RAMP 8.5'X14.5" 8,00 . E.A•. .3 200.00 $25 600:00 TYPE C-SINGLE 8:5'• • 2.00 EA $550:00. 1,100.00 TYPE D 8,5'X11.5'BLVD 2.00. EA' $3,000.00 $6,000.00 -TYPE E•SINGLE 11.5' 2.00 .EA. ' $650.00 $11300.00 TYPE F,REPLACE ONLY RAMP 2.00 EA $650.00 $1,300.00 ' 6 CONC ALLEY APPON 31:00 SY $58.50 $1 Si3.50.. 7 .GONG VALLEY GUTTER AND FILLET IN PLACE 26.00. SY $58.50 $1'521.00 S. CONC SIDEWALK,IN PLACE 745.U0 SF $ ,-00 .'.•$105,870.00 9 SITE GRADING AND EXC 0.25, LS . ' $50,000.00 $12,506.00 10 SIGNS IN PLACE,NEW STOPISTREET•SIGN '4.00 EA $350.00 $1,400.00 . NEW STREET SIGN- 6.06 EA $350.00 100.00 INSTALL W14.1 DEAD END SIGNS 6.00 EA $350.00' 2 10.0.00 11 CURB BULB DELINEATORS, 80.00 EA. $60:00- $4 800.00'' 12 CURB BULB PAINTING .800.00 LF $2.00 $1,600.00 GRAND TOTAL $30$,863.20 REMAINING WORK IN CONTRACT $30a,863.20' REQUIRED.IMPROVEMENT AGREEMENT AMOUNT $ 455,794.80 Please review'this.information and ldt me know if you knave any questions_ Also.,please forward�to•as the.draft'improvements agreement'so that T can havd'the­owner review it as soon as•possible. Thank you folr•your,•assistance. .: �: •'Sincerely, • , ' . . . . Thomas,Dean,&.Hoskins,Inc'. Keith Waring, T THE CITY OF BOZEMAN PLANNING BOARD TUESDAY, OCTOBER 4, 2005 MINUTES ITEM 1. CALL TO ORDER AND ATTENDANCE Vice President JP Pomnichowski called the meeting to order at 7:00 p.m. and directed the secretary to record the attendance. Members Present Staff Present Mike Hope Jami Morris, Associate Planner Dave Jarrett Andrew Epple, Director, Planning and Community Development Jeff Krauss Ron Brey, Assistant City Manager Ed Musser Carol Schott, Recording Secretary JP Pominchowski Jane Stroup Visitors Present Bruce Gerlach Bob Troust Sam Mandlin Day Simek ITEM 2. PUBLIC COMMENT(0-15 MINUTES) {Limited to any public matter within the jurisdiction of the Planning Board and not scheduled on this agenda. Three-minute time limit per speaker.) Vice President Pomnichowski OPENED THE MEETING FOR PUBLIC COMMENT on any public matter within the jurisdiction of the Planning Board and not scheduled on this agenda. Hearing none, she CLOSED THE PUBLIC COMMENT portion of the meeting. Mr. Brey suggested Items 3 and 4 be reviewed prior to his presentation. Following a brief discussion among fne Board and Staff,Vice President Pomnichowski stated Mr. Brey's presentation would be continued to after the project reviews. ITEM 4. CONSENT ITEM Minor Subdivision Preliminary Plat Amendment Application#P-05040 - (First Security Bank). A Minor Subdivision Preliminary Plat Amendment Application, requested by the property owner, First Security Bank, represented by Think One, to amend Minor Subdivision#340 to allow access onto Cottonwood Road over an existing "one foot no access strip." The property is legally described as Lot 5, Minor Subdivision #340, located in the SW '/4 of Section 10, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The property is generally located at 642 Cottonwood Road. (Moms) City of Bozeman Planning Board Minutes and I City of Bozeman Planning Board and Zoning Commission Joint Meeting Minutes—October 4,2005 t Vice President Pomnichowski asked Staff and the applicant if they had any information to share. Staff stated the information was contained in the Staff report. Rusty Harris, applicant's representative, stated he and the applicant have come to terms with the Engineering Staff on the location of the access, including a full access onto Cottonwood Road. MOTION: Mr. Musser moved, Mr. Krauss seconded, to approve application#P-05040 with any staff conditions. The motion carried unanimously. ITEM 5. PROJECT REVIEW Major Subdivision Preliminary Plat Application#P-05048 - (Westwinds II). A Major Subdivision Preliminary Plat Application, requested by HKM Engineering, representing the owners, Cascade Development Inc., to allow the subdivision of 129 acres into 113 residential lots and a 95 acre residential remainder. The property is legally described as West Winds Major Subdivision Phase 2A & 2B, and is situated in the NW '/4 of Section 2, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana The property is generally located at the southwest quadrant of the intersection of Baxter Lane and future North 271b Avenue. (Morris) Associate Planner Jami Moms presented the Staff Report. Mr. Jarrett asked about the condition that requires the GPS of a ditch. Planner Morris noted the engineering company hired Garcia & Associates to do a cultural resource inventory and it was their recommendation to GPS the historical record of the ditch which is being abandoned. Clint Litle,HKM Engineering and applicant's representative, noted he was there to answer questions. Ms. Stroup asked where the elderly assisted living facilities would be located. Mr. Litle noted they would be located near the corner of Oak Street and Fowler Lane. Vice President Pommchowski asked if most of these lots are RSL lots. Mr. Litle noted the RSL lots are labeled and that in addition the large affordable housing lot would also be reserved to meet the RSL requirement. Vice President Pomnichowski Vice President Pomnichowski OPENED THE MEETING FOR PUBLIC COMMENT, and hearing none, she CLOSED THE PUBLIC COMMENT PORTION OF THE MEETING. Mr. Hope asked if the .03 acres/unit for the park space was based on the original PUD numbers. Planner Moms noted they had three choices and choose to meet the condition of approval. They could provide additional parkland or cash in lieu for the extra lot, remove the extra lot from the current phase or remove the extra lot from phase three. City of Bozeman Planning Board Minutes and 2 City of Bozeman Planning Board and Zoning Commission Joint Meeting Minutes—October 4,2005 MOTION: Mr. Jarrett moved, Mr. Hope seconded,to approve application#P-05048 with Staff conditions. The motion carried unanimously. ITEM 3. JOINT MEETING WITH ZONING COMMISSION TIF/Urban Renewal Discussion—Ron Brey The Zoning Commission was called to order at 7:15 p.m. A joint meeting followed. Ron Brey, Assistant City Manager,presented information on Urban Renewal. He noted it provides a community with a source of revenue for development. Mr. Krauss explained taxable value and its history in the Downtown area. Mr. Brey read from statute the responsibility of the Planning Board, which is to determine if the Urban Renewal Plan conforms with the Bozeman Area 2020 Community Plan. ITEM 6. OLD BUSINESS Vice President Pomnichowski asked why the Board isn't doing the final UDO edits. Director Epple noted the last ones will be on the next agenda. Mr. Jarrett noted he is frustrated with the time the UDO edits have taken. Director Epple noted Mr. Brey's presence was due to the Board's request. He noted City Engineering Staff have agreed to present information on the water/sewer infrastructure,but after the new facilities plan has been developed. Some members of the Board responded they would like information now on the situation and also following the development of the new facilities plan. Director Epple noted Staff would inquire about the request. ITEM 7. NEW BUSINESS None ITEM 8. ADJOURNMENT " There being no further business to come before the Planning Board and Zoning Co issio , the joint meet g was adjourned at 9:10 p.m. �2�Lc__7 _ 'il 1� � R0 ,74rt;6 Andrew Epple,Director JP Po i howski, Vice President Planning and Community Development City Of Bozeman Planning Board City of Bozeman Planning Board Minutes and 3 City of Bozeman Planning Board and Zoning Commission Joint Meeting Minutes—October 4,2005 A O 4 ® O 4 O KIMBERWICKE STREETS➢ OF TRACT zA REMAINDER ' ------- C.O,S. N0. 2202A 3 I 1 - - I s d^ i � • QZO I � U F02 �o LEGEND _ 0 2 2 NEW EXISTING DESCRIPTION Z F Q�e I 1:0cl ---- — ---- O © CABLE TV RISER -- -- I-----—-- ® CLEANOUT L.__.-.._._..._.- w I I ------- i I oT ELECTRICAL BOX - J i LOT 1 2 I i LLI w3 II FIRE HYDRANT `�N Z —• 0 O MANHOLE z r 1 aW �,.._.. F+�1 w W ID TELEPHONE RISER } a0 Z —•+ • ———CTV——— UNDERGROUND CABLE TV o � < ———E ——— UNDERGROUND ELECTRIC _ ddd w� �1 z m �I —o G GAS '�.._�--sn ---p---ysn----- jaiaico / W -LOT 11 �c Q I d S — —S - SANITARY SEWER / 0 O I`Qo s SD SD STORM DRAIN / zaw it —+• a ———T ——— UNDERGROUND TELEPHONE / w w WATERLINE I I ------ ------ ------ ►4 0o VALVE I w w w -.,_ BLOCK 4 O J OF TRACT 2A LOT 10 NO I REMAINDER OO i ��" j -----.....__. C.O.S. N0. 2202A i m mm �I I o so' i oo' 1 so' 2A ; I vJi — REMAINDER OF TRACT I I I I I j I SCALE N DRAWN D EWB LOT [�, DESIGNED BY: C.0.9. NO, 2202A +L�•q�S�'" QUALITY CHECK: - R II it 12 _ _ I DATE: 8/15105 li '•"""- _ $ I JOB NO. B05-016 FIELDBOOK NA --—-- AY STREET w ; I PRIVATE OPEN SPACE B o GALLOWAY:STREET r LOW GAL I � s r I r-- ------ -- --- r I I r v I \ LOT 6 .i._. ._. _ �� J �` .C�j' j ; Q I--� _ W i i i I s. $ ----- ----- - - — FS I N z I { I W Q -----� -- - W rr 18 1 i ry ----- w 3 1:, I' > I Z F- H I BLOCK a. B LOT 5 I Q I I J I a Z o '-'-- 20 _ I 0 _ w _ r: I m I Cn - r14 = S w � � 21 � I I I _ LL LL z II Q w W w �. PARK i4 {� Z O ~ a z 7 _ 15 _ I -�►= PARK I I I I I 1 � LOT ILu w 2? g ; Q 3 m 10 Y 24 ?..4 23 II X I I � - fir _, ____________ -w— ry I LOT 2 LOT I 1 i 4 I $ ��N 7 I II I 11 I I I 0j OCR 3 I 16 15 14 w c L______________ I I I _______ _— -- _—— ——— _____J _________________J L___-____________ GE —— ——— G —E - -- -------- - '- E Y � - I_.—w g w w w w w w— - w-- w w w-- w �' w- -S S EOUESTPo LANE CAD N0.5162C-2DMUP.DWG $ FRTA"E�LA A ER DOWS SFIDIVISlON P.U. RASE 1 RNAL PLA OF QAkTER MEADOWS SUDIVISION P.U.D. PHASE SHEET 1 OF ffi h O 0 O O A O SURVEY PURPOSE: TO CREATE 76 LOTS AND 5 PARK PARCELS. PLAT OF BAXTER MEADOWS. SUBDIVISION, PHASES 2 C & 2 D THE COMMISSIONER OF THIS SURVEY IS PC DEVELOPMENT- TWO PARCELS OF LAND, BEING PORTIONS OF TRACT 2A OF CERTIFICATE OF SURVEY NO, 2202A, LOCATED IN THE SOUTHEAST QUARTER AND IN THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA, TOTAL AREA: 22.27 ACRES i e�m EXISTING PHASES IN SECTION 34 s I n I srr x°ac<�es Ia.oD is N89'41'5TE 213.06' k2211' ny Cr PA 1No OF YRACT 2Az' o /REMAINDER I PUBLIC STREET&UTILITY ^. o m 1 -- ND,2202A -� Dom, EASEMENT DOC.#2103143 6 ----�-------------G-D.S.- N89'41'57"E 433,30' (EXHIB.G&B) Qq� y _ i i --- : ISEWER&WATER PIPELINE& -P2c __ w zc ii //ACCESS EASEMENT DOC.#2103142 --- � 3_-------_-------° - KIMBERWICKE STREET DF TRAGT 2A „�E INDER IRAWNeEn rn I82.49' Oat ' ' REMA 02A 3E+ 1nn5 Ho.sso1A a I82.49• •� 6D�D• 9850' ____101C,0•S.N0. 22[13174-3 _--UI-- ____ ________....----_I I SECIipN%`.....••...•• Z I o 117 _ Ga .PEE'.... M I-25'DITCHEASEMENT .........._.....1 6279 SF NNnrn :/$ naA"w EASEMENT 1t3Tw'F1 uo.220A i EXISTING WETLAND66aD SF 12,12• ZFASEMIEVAY pPcy, c'cs• I LOCATIONSe9'41bENT 7V/ I No•u FROM OTHERS92'2!90? LEGEND o 6 0 ,.�_MITIGATED WETLANDSYMBOL DESCRIPTION I I I .... I....' LINE AS SURVEYED2 S 2 io of SCALENBT1�fa7'E / / oI 6559 5F I 9oe2 SF Ip aI s237 SF I ,4 FD 2"ACAP[12249 LS],EXCEPT AS NOTED : 45'70' n dl 24'DRIVEWAY I I 24'DRIVEWAY o e ^I 24'DRIVEWAY I EASEMENT I I EASEMENT 1 '4= I EAS ENT J-..i ___-N I ij A SET 5/8"RS W/YPC,EXCEPT AS NOTED SURVEYOR NOTES -- SBB'41'7YI a I I S89141'57N - f I S89.41'57V a_ I 1 w 0 5/e"RB AND RPC[12251 S]TO BE SET AS 12.00'WC - - EXISTING WETLAND $ `F••.�; J 98.50' 9858' 1.. The remainder of Tract 2A of.Certificate of,Survey No. 2202A LOCATION FROM OTHERS / \ MITIGATED WETLAND ® 5/.Bt'RB AND YPC[12251 S]To BE SET contains less than 160 acres.. Accordingto an affidavit recorded on A '• qq / I 1 � - LINE AS SURVEYED K 1/2"RB AND RPC[12281 S To BE SET AT POINTS OF Doc. #2156024, subsequent transfer of the remainder of Tract 2A. T,CT 2A -, \ c W O will not occur prior to film of o subdivision lot or certificate of OF tx -I 3 9 q 1 CURVATURE AND POINTS OF 1�ANGENCY P 9 P MAINDER KI 3 6373 aF Im 1 e449 SF survey reviewed and approved.by the City of Bozeman. RE 9 12 1 85605E W I I I Z ---- - . 2202A "ry ^� / /�, o LU EXISTING EASEMENT C.O.S.OS•N o' - ' I 1 W } 2. A Storm Drainage Easement recorded on Doc. #2141236 is .'♦4 / / 1 h1 W u`gl Q ___---- UTILITY EASEMENT - ,I - located on Tract 2A of Certificate of Survey No. 2202A. The exhibit / .�� %o��. se9'at'S7'W e } 9B.5D' se.9t' EXCEPT AS NOTED .q)Y showing the lam!on'of this easement was not recorded with the / - e, 4v�• / J 1 `d 1 6251' ml Q o N8S'41'57'E I ' 197.41' Z - I, document. The location of this easement Is unknown. - / //,y>^ 'r•P \,, '.S r J ARK `� I O -..-..- DRAINAGE EASEMENT :�4� �•r,'r�, f / PARK 2475 SF O 917 5fF' ,4, I !n -__- ./ •gib`c I• f /i 1 co se9'a1'57'W 1 5B9'a1'5YW I I 197.7' J DRIVEWAY ACCESS EASEMENT 3. A R/W easement for electric and telephone systems as now LOT 82.5V ss.5o' I 1 SILO' surveyed"is recorded on Book 92, Page 178. This easement is ry h. / •tx/ - 1 LLI ACAP ALUMINUM CAP within the S1/2 51/2 of See6on 34. The precise location of this h;]0 / \ 7U :� 3 J OF TRACT �i 4 b 4 i i 10 n -u'ai / �� WETLANDS SETBACK egss,,. ' I REMAINDER2202A 1 easement is unknown. 1 I I I I YPC YELLOW PLASTIC CAP �; / I ✓" I I el 7138 SF '� e373 SF 1I B338 SF 9 I p RB REBAR / / t a /J C.O.S.No. mj 24'DRIVEWAY 24'DRIVEWAY I I 24'DRIVEWAY N WC WITNESS CORNER OWNER NOTES/ . 1 - I V DIR M I EASEMENT- I EASEMENT' bo 1 = PRASE 2�]LINEAR PARK IO N 1 ___- 1 _____ N FD FOUND 1. All streets within this plat are dedicated to the public aES nd " [ I .. f� Bs1�4187'W I SBs'41'S7'8' 1f I I S89'41'67'W I [12251 S] SURVEYOR LICENSE NUMBER ON CAP publicly maintained. All alleys and parks within this plat are privately N io " \\DRAINAGE EASEMENT to / pCK 6 1 96:50' _?' 1 1 B7.d1' RPC RED PLASTIC CAP maintained. u3 I ! I L' 1 J w T I I O I wmffmmmPATIO EASEMENT 2. Applicant shall provide evidence that all original tracts of record y 1 "y of this property that are, or through this subdivision will become. I •4 - /2 J 6 .I 5 1 a rSd 5 i i 11 1 � - DITCH 0' 60' - 120'' - 180' remainder tracts of less that 160 acres were not created for the T 10 m1 7139 SF 9062 SF 1� 1 8932 eF I I I I I -_ _ purpose of transfer, and that any subsequent transfer of sold tracts LOT y 1 I C Iw ; I may not occur prior to filing of o subdivision plat or certificate o4 Ia I S C A L E survey reviewed and approved by the City of Bozeman. I IZ - 1u�! , .- I-. �pjc i I I I I I CENTERLINE OF SPRING DITCH I 5I%r41'57'W S8T41'57'W 110'fat Se9'41'871V TRACT 2A Y J y 1 Imm sB.5D' 1 I 96.57• I REMAINDER OF BEARING ATBASIS.OF NORTH LINE OF EQUESTRIANB.PU.LANE AS SHOWN ON THE FINAL I I PUBLIC SEWER i� 1 • '>< ! / �� / PLAT OF BAXTER MEADOWS SUB.P.U.D. PHASE 1 PER RECORD I I � IIY 1Y' EASEMENT24'DRIVEWAY 220xA - 30,00 EASEMENT NBW55-18°E 1O'g /I a 6 ii' 13 $ I I DOD.#2103145 50.35' Z 9 1 C.0.5.NO. I 6 �, 6107 SF 'Im 011 5905 SF 7139 SF I PHASE 2D ^ ml 24'DRIVEWAY 1 ' I _ -- N89'41'57'E 749.63' - - 65.14• EASEMENT 9850' 1 1 95,86' 9000' ` \ _.__ eDa.e3, $ 1as.ao' I I 589'4T34"W 240.12' `S14!30'13"W T94.3B D i537VJ 1 NB9'48'S7"E •o PHAS 2C 11 GALLOWAY.STREET ^ EASEMENT-►its' I 16.15' 7E OPEN SPACE w i s - �____------------_----- 1 _ I 2 GALLOWAY STREET PRIVATE 1 $ GALLOWAY STREET 1 1 1 POINT OF BEGINNING it 1 - 1 •: 7 $ 19 68' b I 133.aD' 1 s.o 'I 7140 SF 8 0 B3.5o' 1 98.18' I 16458 SF m r-------------- as.Do' I -----------------7 I i i- _ I 0 -LITY ---- I PEDESTRIAN PFDfSTRWJ - Ltd Tall.•-EASEMENT ACCESS EASEMENT I I I I I y 7 6 .14 b I§ r - I I I SB9'41'7V! 1 LOT 1•- m 9407 SF yj I 9616 SF I I J 145.00' I 1 I 5 BLOCK 16 a°I 1 J 1 I r� r j 1 24'DRIVEWAY i I 24'DRIVEWAY I 1 I 1 I s PNASC 2A I EASEMENT I I EASEMENT _-_-_-_��♦ 0 I 4 I p Vy5 SUDI 1610N B > 1 __--- L___-__-_ tiMEADO 7 1 2 3 1 7141 SF 889'41'S7W'' 1 589'41'S752 w 1 1 I [ } < i- I L PLAT OF BAXTER40 LOT LOT 1 24`DRIVEWAY I 9550 1i I 97.7' N I J 2 FI EASEMENT __ -____ I I 1 9.k( Mi . 1B45B 9F 1 1 l O I- I _ � NA �41'5Yw V I �4.--I' LU I I I 1 Z� 1 I m i l 7 R PARK 15 BLOCK 6 LOT 5 I exss' *' +�q 2 -- $$I 6 7�., 1 W I Z d' i N Y29'50"E: LINER ~- III W 9a07% I�[°�I BLOB SF �21 1 Q UU STORM WW O I Z SI145.00'w 1 138�77 ^\�DOC.#21�N 8E EASEMENT ' cD 11491 5F 1 m i i LLI z I I j BLOCK 13 I I i I "\ [ ALLEY 1 a ¢ SW41'57V""1 I 1 SBY41'57V g 1 I $ 0l0 9b.511' 1 95.95, W$i 7 1 I l ' ~ = .4 i PAR$ \ + 88541'57iY 1 BLOCK 12 I I I g 8 1 31552 Sr \ \\ 4 i $2.56' g 1 I I 1 2 I I A I L6EU 16456 BF I^ ' ' i \ LOT 3 e-I 7 ¢ • gi g I " 9417 IF 1 R1 9.1 SF " I - r✓ �- \ 10 I 24'DRIVEWAY I 1 24'DRIVEWAY \y \ 1 7142 SF I EASEMENT , ` 1 FISEMEM I I 1 559'41'S71Y 1 1 I \ \ 24'DRMEWAY L I - I EASEMENT _____� 1 L-__--__• I I I 745.00' I -� 589'41'S7Yf..- SB9'41'57'W ^- t {\ ♦�_______________ I _- ti._____ _ ________�a I i � i 135'WATERCOURSE/ I . I 589'41'57*W w I __ 95.5a, -?' 1 1 94.83' 1♦ ♦ _�� N� I I WETLANDS SETBACK LOT 4 LOT 5 LOT 6 LOT 7 - - �-- -_-_ _- -_- M1 '�1 �8.257' h_ I 1 �i n N2B'40'12nV i 1 I Ta U I ^- J-----� r_----'ir-----_ p 27.30' i. ______ 25'DITCH 2 LOT 1 I 722515E 1 4 Ia ai B � I i _____ I 153 0 SF EASEMENT LOTISEE DETAIL B 9407 SF 9286 SF W I I I I ll I I I BLOCK ml Is HECO 2)\\J; .^♦ I m - 1 N001.D03W Jia 1 I I I 75.00 16 Ld___-_1-__ I60 0' 95:5093.71 .4a00' 56.00' 8859, / 10' 5B ♦ 189.21 J______ 21D.6T .J; B2. 1265.26' TEMPORARY STEASEMENT DGC.REET I I EQUESTRIAN WAY 589 41 5TW 7. EQUESTRIAN LANE S WITHIN DEDICATED STREET 9 FWAL PLAT OF BAXTER MEADOWS SUDIVISION P,UD. PHASE 1 SHEET 1 OF 2 5 6-'Ph2c2d-PLAT_'dwtj'T N89.4i'87"E 972.DB' FINAL PLAT OF BAXTER MEADOWS SUDIVISION P.U.D.PHASE 1 ---_- ^ [13174ELs] DRAWN BY: eFi,Jn,se DATE: 8118/05 IQUALITY CHECK: [13mPLs7 BLOCK 2 SURVEYED BY: SA JOB NO. B05-016 FIELDBOOK130/14,45,66 BLOCK 5 BLOCK 6 TD LOT 5 LOT BLOCK" THOMAS,DEAN&HOSKINS,INC. LOT LOT 9 PUBLIC PARK 3 _ L07 12 LOT if PUBLIC PARK 2 LOT 26 LOT 33 LOT 6 g r AT FALLENGMAMN ERINGCONSULTANTS MONTANA .O © O O Q I KANE WASHIIDAHO ILFWASTON PLAT OF BAXTER MEADOWS SUBDIVISION, PHASES 2C & 2� - I:ONSENT OF MORTGAGEE(S) CERTIFICATE OF DEDICATIQ TWO PARCELS OF LAND, BEING PORTIONS OF TRACT 2A OF CERTIFICATE OF SURVEY NO. 2202A, ](we). the undersigned mortgagee(s) or encumbrancer, do hereby 9 y Join in and I (we), the undersigned property owner(s), do hereby certify that I (we) LOCATED IN THE SOUTHEAST QUARTER AND IN THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., consent to the described plat releasing my (our) respective liens, claims or have caused to be surveyed, subdivided and platted into lots, blocks, CITY OF BOZEMAN, GALLATiN COUNTY, MONTANA y P g plotted into streets, streets, and alleys, and other divisions and dedications, as shown by the encumbrances park as to he portion re sold lands now bean avenues, parks, or other public areas which are dedicated to the City of plat hereunto included, the following described tract of land,to-wit: Bozeman for the public use and enjoyment Dated this_ day of , 2Oc DESCRIPTIONS GALLOWAY STREET Two parcels of land, said parcels being portions of Tract 2A of Certificate of Survey No. 2202A,said - --------- parcels being located in the Southeast Quarter and In the Southwest Quarter of Section 34,Township 1 �- - Nes'41 57'E ~- FIRST INTERSTATE BANK _ 589'b1 57"W South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, and being more particularly _ Signature 0 described as follows: Printed Name and Title Phase 2C Linear Pork; 231 1T I 246.1' I - ' 45.00' --e- -106.77'_----___ 20 195.OD' 60Tt,0' •I 47.00' 42.00' 42.00' 42.90' 75.74' 33.00' Beginning at the northwest comer of Linear Park of the Final Plat of Baxter Meadows, Phase ILA,said ---- --- _-I5 I i STATE OF LITcorner being a point on the centerline of an existing.Irrigation ditch; thence northerly along the EASEMENT.TY o I ' 4 - I County of centerline of said ditch, said centerline being approximately dimensioned by the following 8 courses: I d 1 �tGyH I 11 I I 5'8 �s' i", 5323 SF P1 I R 5250 SF 1 % 2 3 m 8 4 5 On this_day of 200 , before me the undersigned North 03'57'17"West, a-distance of 100.31 feet; North 01'31'51" East, a distance of 80.56 feet; North I 1 3102 SF G c zn2 SF 2772 sF a;� z756 SF = 5548 SF 4 2T52'13" East, a distance of 87.85 feet; North 39'29'45"East, a distance of 106.74 feet; North I Ye>! s, s69.4t's7W I � o a Notary Pubic far the State of ,personally appeared , SB94157V1 N28'18'22'E known to me to be the of FIRST INTERSTATE BANK 17'55'37" East,a distance of 51.87 feet; North D1'19'34"West, o distance of 100.29 feet; North _ _ I « `j o 1g f I and the person whose name is subscribed to t e within instrument and 0431'49"East, a distance of 41.93 feet; North 1,VO4'05"East, a distance of 108.70 feet; I 106.74' '� i a'• 105.00' I / e tau' Set'D7'32nv •I aza0' :v1°°r" az90' / 4z.a0' rei im a,s z7az' I acknowledged to me that he executed the within instrument for and on behalf of thence North 89'41'57" East a distance of 213.08 feet; thence along a non-tangent curve to the I b I - - tazu' sas'41'57x' FIRST INTERSTATE BANK. right with an arc length of 152.38 feet, a radius of 270.00 feet, a delta angle of 32'2D'09", a chord 2 a $ 12 $ I-- _ _ N69'41'S7"E_ __ _ of 45.92 f IN WITNESS WHEREOF, I have hereunto act my hand and affixed my Notarial Seal the 0 5351 SF �„ 1 5250 SF �� a' �^ M, I N _H�`w 7 day and year first above written. bearing of South 01'46'10"East, and a chord length of 150.35 feet;thence South 14'23'54"West,a "' I I ta7.fa' distance of 487.11 feet to the northwest corner of the right of way at the intersection of Gallaway t I I _sloo_ ,.�4 Pn_Az.00_ s1a� a7ot:2 17 g S I Q Street and Vaquero Parkway os dedicated in sold Phase IIA plat; thence South 1430'13" West, along SSW41'57'W I saS'41'57"W U_ n°° �t 1 .a0. 2690 SF a r - Notary u is for he State o the westerly line of said Vaquero Parkway, a distance of 16.15 feet; thence South 89'4T34"West, I 10731' 1 I 105.00' i /$ W UTILITY EASEMENT,TYP.1 t 1 Q (SEAL) Printed Name along the north line of said Linear Park, a distance of 240.12 feet to the Point of Beginning. The t irV 19 I Residing at described parcel contains 3.677 acres, more or less. ' i I 17 G w 18 $ 2967 SIF 7�l I My Commission expires 0 •d g I $ 13 2478 SF 'S m 2478 SF b 589'47'57nY 66Aa' Phase 20 & a Portion of Phase 2C; 5379 SF K 5250 SF W m?//J///JJJJJ/1. i '^ 'Z) a q O CERTIFICATE OF SURVEYOR i - I & seaa1'S7w s7.Do' i Beginning at the northwest corner of Ltneor Park of the Final Plat of Baxter Meadows, Phase ILA; L1J I e UTILITY EASEMENT,TYP. z i z772 SF I R I ' f 42.00' 42.b0' I I ` m I,the undersigned, Steven C.Anderson,.Professional Land Surveyor, do thence South 05'07'47" East, along the westerly line of said park, o distance of 455.42 feet to the I se9'a1's7nr .� m e $"= S69.41's7w W - thennort line.of Equestrian Lane as dedicated w to the Final Plat of Baxter Meadows Subdivision P.U.D. z > Ne9•at'SYE ea aD' _ 20 °g `a g r N - i hereby certify that between October 13, SUBDIVISION, &July 12, 2005, I Phase I; thence South 89'41'57" West alongsaid north line, a distance of 1265.26 feet; thence North I 1o7.e7' '3 I B 1os.Do' I Q 2at4 SF K ro N Z - surveyed the PLAT OF BAXTER MEADOWS accompanying PHASES d &2D, W I 589'41'57Y7 fi6.00' 00'17'46"West, along the easterly line of Private Open Space B of said-Phase I plat and along the - I L,I 3• is• o e• W and platted the same as shown on the accompanying plat and as northerly extension of said easterly line, a distance of 1022.00 feet; thence North 89'41'57" East, a Q a - unLnT FA.EMENT,TYP. LI,I described in accordance with the provisions of the Montana Subdivision distance of 433.30 feet to the east line of a Public Street and Utility Easement for Ferguson Avenue I 4 11E 14 `�I W / /:` $ 8I and.Platting Act, §76-3-101 through 76-3-625, M.O.A., and the as recorded on Document#2103143;thence South 00'20'56"West, along said east line, a distance of Z l0 540e SF ' �; szs0 sF "dl ses•at'S7nv 67.00' -ti I m a CFI I I 277z SF Ur Bozeman Unified Development Ordinance. 568.04 feet;thence North 89'41'57" East, a distance of 749.63 feet; thence North 8955'18"East o I I - o ao _ 6 I further certify that all monuments will be set upon or prior to $ nI i PARK 21 $ I $ n z distance of 50.35 feet to the Point of Beginning. The described parcel contains 18.595 acres, more fn -+ ses•41's7w I sea'41'S7"w a 0 fos3a sF - i 2814 SF M:'" ooNTA* completion of construction or when reasonable weather-related site or less. 1 x 1Oe.aa' I I 1a5.09' I = I` I SSW41'57 W 66.00' I- * •9 conditions exist, but no later than June 30, 2006. The described parcels are along with and subject to any existing easements. The described parcels i I J BLOCK 13 u,Tr 3r f I a STEVEN C. L �• are as shown on the accompanying plat I - .a 1 } F, sas•4t's7w s7.00' I I a 2772 SF ANDERSON Dated this L day of 1A 4.51 ,200J W w 5 W o 15 0 1225TL3 °ram 5436 SF J w 525D SF m 1 I 'PEp Ep even ,.Anderson The above described tract of land is to be known and designated as ' S 22 R I E� m '� 7STI, Q'• s89.4V57w ea.a0' w 2814 SF ti / 'y0 -l� Montana License No. 12251 LS the PLAT OF BAXTER MEADOWS SUBDPASION, PHASES 2C& 2D,City of I 1 r 'SSW41'57'W s6.00' S NE Bozeman, Gallatin County, Montana; and the land. included in all streets, i Se9'41'57'w <� Q 91, S89.4YSTW ( 41,10' 4z.0o' i }- e•' UR avenues, alleys, and parks or public squares shown on sold plat are ,I tos.O1' 'ti 10SOV o s69.41'57"W lit W `• hereby granted and donated to the City of Bozeman for the public use N I 31 sJp I s, 6z9D' `� -I27i210 sF $ i CERTIFICATE OF COUNTY TREASURER and enjoyment. The lands included in all streets, avenues, alleys,and I, parks or public squares dedicated to the public are accepted for public i a 6 I i6 B 25 24 R Q use, but the city accepts no responsibility for maintaining the same. The a 2478 SF 2478 SF o e I I, Kimberly Buchanan,Treasurer of Gallatin County, Montana, do hereby .owners agree that the City has no obligation to maintain the lands I 5445 sP I. 5412 SF _ 7 r z 29673SF 1' S666.ao'w real p that the accompanying plat has been duly examined and that all included in all streets, avenues, alleys and parks or public squares hereby N n dedicated to public use. The lands included in all streets, avenues, I - �` i -NOa18'QT'W land{o be subdivided have been paid. 969'41'97'w � `�___��_____ ______ __ 4'4l-a__ � i assessments assessed and levied on the alleys, and parks or public squares dedicated to the public, which the s q �¢00 - I rn-a7.00--- 42:0t3�--- �t -----5Z00----- a1 6.00' 26711SF I Dated this- day of 200 City accepts responsibility for maintaining include; Lasso Avenue, // e _ S89.41'57"W i N57'39'521v Kimberwicke Street, Ferguson Avenue, Gallows Street. Milkhouse Avenue I 96.29' S7a•3T4a'WJ t�•w 589'41'S7^N 1 t47.14' > I 9 Y 15.00 ~- -----�-e �- ------�� cP�r• U•i 31.759 C78 and Gallatin Green Boulevard. °, , - 9 tt' _ = 747.t4' 50'N sa'at 37"w I Deputy Treasurer __46.Drf__ asnD._ >^_�17�a_-_ s2o0--_- --szoa'._ tzs- a4.3a' G The undersigned hereby grants unto each and .Very person,firm, or 7 �. FIRE HroR=m 'I I 1 44 \uNNY / 161a 12 ,y C20 I CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT corporation, whether public or private, providing or offering to provide 0 40' 80' 120' - EASEMENT i I EASEMENT -'/ �/ 46915E y ry 1 OF ENVIRONMENTAL OUAIITY REVIEW telephone, electric power, gee. Internet or cable television service to the I I I I I I I I 7 W !" DOC.µztasl+o I 1 I r�R �IN I 9651 SF d '' i SEE public, the right to the joint use of an easement for the construction, B m p 9 m_g 10 ys _ m 4 n j w maintenance, repair and removal of their lines and other facilities, In, S C A L E i •3 >•; 32a0 Sr 18 15 -n j 14 l" 13 DETAIL A The PLAT OF BAXTER MEADOWS SUBDIVISION, PHASES 2C & 2D, Gallatin County, over, under and across each area designated 3soz sF b 3z4o SF m - I i 33ea sF > 3024 SF m s 1.2.sF ."am 5' 2934 SIF m r I Montana, is within the City of Bozeman, Montano, a first-class municipality, and on this plat as "UTILITY EASEMENT"to have and to hold forever. _ b S 21.w' 1 1 I s 'e a B - a1e'o3'E i within the planning area of the Bozeman growth policy which was adopted M I M N �' .�1I.8'0 pursuant to a'76-1-601 at seq., MCA, and can be provided with adequate i at---------- ---------- '-------- ---------71-- 1 storm water drainage and adequate municipal facilities. Therefore, under,the ---------------------- ------------ ----------- --------! - 9 ae.0a - 95.e4' 50.00' 45.00' aSair solo. is 4zw' az.00' 4100' 42m' 52.14' 1 ! 56.00, provisions of §76-4-125(2)(d) MCA, this subdivision is excluded from the Dated this day of , 200 5BW4Y5714 235.64' S89'4t'57'W 225.1V Y requirement for Montana Department of Environmental Quality review. Owner. BAXTER MEADOWS DEVELOPMENT,L.P. Formerly known as W.B.C., L.P. - EQUESTRIAN LANE Dated this- day of , 20Q . By: BAXTER MEADOWS CONSTRUCTION, INC., --'_ - - - - - - - General Partner `J12 Dire' Rw'aI9T'E ass Service City ofBozeman of ,Montana By: Gerald R. Williams, ,..,dent / FIRE HYDRANT W 1 - - - - - i EASEMENT R 't1 - COMPUTED PHASE AREA BY K :. .CERTIFICATE OF DIRECTOR OF PUBLIC SERVICE COM TED 5 BLOC PFRTIFicATF OF COMPLETION OF IMPROVEMENTS Dec.y2703740 -V, ., - PHASE/BLOCK LOTS STREETS&ALLEYS PARK TOTAL(SQ..FT.) I, Gerald R. Williams, and I, Keith Waring, a registered professional engineer licensed i'------ ---_-'--- Z¢ I, Director of Public Service, City of Bozeman, Montana, do hereby certify g p g I 7 PH 2D/BL 9 76924 - 2475 79399 that the accompanying plat has been duly examined and have found the to practice In the State of Montano, do hereby certify that the following t DETAIL A �13;. ~j some to conform to the law, approve it, and hereby accept the dedication P q q O CURVE TABLE PH 2D BL 10 94283 _ 5917 y improvements, required to meet the requirements of this title or as a conditions ! I=� / i00200 to the City of Bozeman for the of approval of the PLAT OF BAXTER MEADOWS SUBDIVISION, PHASES 2C & 2D, have 7 N9 SCALE ' I $- J 0 - - - Y public use of an and all.lands shown on Q O! PH 2D/BL 11 75431 '.75431 the plat as being dedicated to such use. been installed in conformance with the approved plans and specifications: A I w C7 m� CURVE RADIUS DELTA ANGLE ARC LENGTH CHORD BEARING CHORD LENGTH i WATER SYSTEM IMPROVEMENTS. SEWER SYTEM IMPROVEMENTS, STORM DRAIN. UIILIN ��- Ct n,5o' 25.22'09" 6.66' N13'53'at"E 8.58' STREETS 141062 141062 Dated this_day of 200_. CULVERTS, FILTER FABRIC, SUBBASE GRAVEL,AND 75% OF THE SITE GRADING a45 c2 66.00' 28.22'09" 32.68' S13'53'01"W 32.35' PHASE 2D TOTAL 246638 141062 8392 396092 Completion Of the following items is financially guaranteed and fe covered by the C3 66.00' 28722'09" 32.68, N14'29'08'W 32.35' PH 2C/SL 12 83636 - Director of Public Service - 83836 City of Bozeman, Montano C4 17.50' 28'22'09" 8.66' S14'29'05"E 8.58, PH 2C BL 13 74846 improvements agreement accompanying this plot: "'-'--- / - C5 270.00' 32'20'09" 152.38' S01'46'10"E 150.36' 31552 85484 PARK IMPROVEMENTS, POND OUTLET RIPRAP, POND OUTLET STRUCTURE, 1.5" MINUS 06 35.00, 9D'00'00" 54.98' S45'18'03"E 49.50' PH 2C/BL 14 64723 - 31552 96275 CRUSHED BASE, HOT PLANT MIX, COMBINATION CURB& GUTTER, HANDICAP RAMPS, _ - __ C7 .15.00' 90'00'00" 23,56' 545'18'03"E 21.21, .LINEAR PARK 160184 160194 SETtIIFlDATE OF CLERK AND RECORDER CONCRETE ALLEY APRONS. CONCRETE VALLEY SIGNS. AND FILLETS, CONCRETE STREETS&ALLEYS 148521 - SIDEWALKS, REMAINING SITE GRADING, STREET SIGNS, CURB BULB DELINEATORS,AND -`' - CB 35.00' 90100100" -54.ae' N44'4t'S7"E 49.50'. 148521 I, Shelley Vance, Clerk and Recorder of Gallatin Couny. Montana, do CURB BULB PAINTING, DETAIL B fS 35.00' 90,00,00" 54.99' N45'18'03'W 48.50' PHASE 2C TOTAL 223205 148527 202374 hereby certify that the foregoing instrument was filed in my office at No SCALE \` CiD 15,00' 90,00,00" 23.56' N4S18'03"W 21.21' S74100 -,_ The subdivider hereby warrants against defects in these improvements for. period /�L1 LU�` r clock, Book this day of____ _, 200_, of one year from this date.The subdivider grants possession of all public \`Y - C11 15.00' 90.00'00" 23.56' N44'4l'57'E 21.21, TOTAL 469843 259583 210766 970192 and recorded in Book of Plats, on Page as infrastructure improvements to the City of Bozeman, and the City hereby accepts ��/ 149.415A 1.75' Z )1 C12 35.00, 15'04'13" 9.21' S0750'10"E 9.18' Document allO. , Records of the Clerk and possession of all public Infrastructure improvements, subject to the above indicated ; 1 ci3 35.00' 33'12'11" 20.28' S31'S8'22"E 20.00' Recorder, Gallatin County, Montana. warranty. I FIRE HYDRANT ¢ ! PARK DEDICATION AREA CALCULATIONS (SQUARE FEET) Subdivider Date: i EASM Az1o3149\� j C14 35.OD' 41'43'36" 25.49' S69'26'15"E 24.93' - Deputy Clerk and Recorder By: 1 qI p 7 C75 35.00' 28'34'25" 17.45' N76'00'51'W 17.27' =I r 35.0' 32 .T N45' ' '1803 W 19.79 By; Montana Lic.No. 15161 PE Date: ! _______________ (q C16 0 'S1'10" 200 PARK WITHIN WATERCOURSE&WETLANDS = 68953 ` Director of Public Servos J / C17 35.00' 28'34'25" 17A5' N14.35'is"W 17.27' + PARK OUTSIDE OF WATERCOURSE& WETLANDS = 141813 ice Date: ° 'sI 7 By- _ t 1.96' 8 i C78 .17.50' 12'25'19" 3.79' NOS'S4'36"E 3.79' - I 7 C19 35.00' 32.38'12" 19.94, N16'01'03"E 19.67' TOTAL PARK PARCELS = 210766 STATE OF MONTANA - - PARK WITHIN WATERCOURSE/WETLANDS SETBACKS 57984 C20 17.50' 15'56'50" 4.6V N20'05'41"E 4.86' County of Gallatin C21 - 55.00, 32'51110" 20.07' N48'45'43"E 19.79' DEDICATED PARK = 152782 = 3.51 ACRES On.this_ day of - 2CL, before me the undersigned '-"-- - C22 35.00' 24'30'38" 1 14.97' N77'26'38"E 14.86' Notary Public for the State of Montana, personally appeared Gerald R. Williams, known to me to be the President of BAXTER MEADOWS CONSTRUCTION, INC., - the General Partner of BAXTER MEADOWS DEVELOPMENT, L.P., and the person whose name is subscribed to the within instrument and DUE TO A RELATIVELY HIGH GROUND WATER TABLE WITHIN THE AREA OF THE SUBDIVISION, IT IS NOT acknowledged to me that he executed the within instrument for and on-behalf of - BAXTER MEADOWS DEVELOPMENT, L.P. - - RECOMMENDED THAT RESIDENTIAL DWELLINGS WITH FULL BASEMENTS BE CONSTRUCTED WITHOUT FIRST SHEET 2 OF 2 516-Ph2c2d-PLAT.dwg IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial seal CONSULTING A PROFESSIONAL ENGINEER. IF DAYLIGHT BASEMENTS ARE INCORPORATED IN THE CONSTRUCTION DRAWN BY: eb,sa DATE: 8/18/05 QUALITY CHECK: Sf- the day and year first above written. OF RESIDENTIAL DWELLINGS, THEY SHOULD NOT HAVE A DEPTH GREATER THAN THREE (3) FEET BELOW THE e SURVEYEDBY: SAIIJOBNO. B05-016 FIELDBOOK130114,45,86 (SEAL) Notary Public for the state of MON IANA TOP OF THE. CURB OR CROWN OF THE STREET FROM WHICH. IT IS SERVED. TD& THOMAS,DEAN &HOSKMS INC. Printed Name B f Residing at ENGINEERING CONSULTANTS My Commission expires GREAT FALLS-BOZEMAN-KALISPELL MONTANA E WASHITON el L&TON IDAHO 4 0 0 a ty 0 0 JOLENE J. ' RIECK 184LAR = B, XT.ER M.EAD (OWjS j3UBD.§'V.F,?.F(0N r �i�Oy,•:C E N S a�`�� C G U JJR/AMA d DESIGNEDBY Z C7 AMA PHAS-E 2BDRAWN BY O cn w JJR Z J�] 08/09/05 2C 2D PARK LANDJ ; CHECKED 8Y EL O DATE ~ Y BOZEMAN MONTANA PROOJECTNO.24 d_05024_TITLE.dwg N FILE NO. CS �.:::.•s ,s..,. . mLx , 11J. sL+d¢aV3akAY u.+.ais€i.: _e. a.+�w:sa�=.1 ,:,„ ::: �.�.�.3. .-, .. ,.. r, ,. ,,. .,__��.w.___'�...>��.ati�'ali+�.na,� .. , :>.�:t N =_ . s`>•`if'-.�`�f�?<..�5'Sr..,,., i �'"`- ` 4u.., 'e"�':Y�ai�i�i'• W oN O �z �a$r 11a0_o F zz`3 z�N3 m�3 DRAWING INDEX z I—� SITE DEVELOPMENT & LANDSCAPE PLANS TI TITLE SHEET Q SD1 SITE LAYOUT: LINEAR PARK , SD2 SITE LAYOUT: POCKET PARK& CUT THROUGH U Z � U O Ll LANDSCAPE PLAN: LINEAR PARK L2 LANDSCAPE PLAN: POCKET PART,& CUT THROUGH a) w L3 LANDSCAPE PLAN: STREET TREES � L4 IRRIGATION SPECIFICATIONS W L5 PLANTING NOTES AND DETAILS a N W O F- w L) [� w W 1^i w �MM DESIGN TEAM w OWNER LANDSCAPE ARCHITECT a BAXTER MEADOWS PEAKS TO PLAINS DESIGN, P.C. w' PO BOX 81487 208 N. BROADWAY, SUITE 350 H BILLINGS, MT 59108 BILLINGS, MT 59101 (406) 896-4910 (406) 294-9499 J H F- CIVIL ENGINEER NORTH W THOMAS, DEAN & HOSKINS I KEY FLAN ca 111 NORTH TRACY AVENUE TI N.T.B. SHEET BOZEMAN, MT 59715 (406) 586-0277 T1 SITE FURNI5HING5 5GHEDULE CURVE TABLE POINT TABLE SEA I b, MANUFACTURER ITEM MODEL NAME MODEL# COLOR QTY \ GALLATIN GREEN BOULEVARD NUMBER NORTHING EASTIN6 RADIUS NVMBER NORTHING EASTIN6 LENGTH ``\�.•' •••" ��'� GAME TIME SWINGS MODERN FRAME rADD-A-BAY P1238 r PI23q ALL POWDER I EA. GI 6113.26 5662.97 121.29' PI - 6153b5 5107.11 7.58' JOLENE J••'• 1-500-255-2440 SWING SEATS SUPER SEAT a ENCLOSED TOT SEAT 86gq d b6g5 COATING TO 2 EA. H, 02 6201.67 56T1.08, 14.26' P2 6155.46 3699.15 9 RIECK c MATCH EXI5TING ,'\ = 184LAR PICNIC,TABLE ADA PICNIC TABLE P13011 SITE AMENITIES I •\- T '_n G3 6182.42 3640.20 59.19' P3 6191.09 3718.26 16.56' c BENCHE5 ARLINGTON UFgIOb 2 d" %�•••t o,��� G4 6198.2-1 5645.56 17.61 P4 6201.52 5702.46 SEATS ARLINr UFg206 3 •4pg•N G5 6292.5q 3618.49 105.2W P5 61g7.14 5661.5b 46,24' - TRASH RECEPTACLE ARLNGTON UL9300 I I / IEIIIIP[``\\\ BASKETBALL POST CANTILEVERED POST W/32"EXTEN. 45-1 1 .I G6 6325A4 5656AA 31.54' Pb bIbI.g5 3618.15 BB BACKBOARD FAN SHAPED CAST ALUMINUM 854 1 I G7 6195.50 5655,14 24.14' PT 6209.98 5655.65 50.00, 0 BB GOAL/NET SUPER 60AL W/NYLON NET 454 1 G8 6177.19 5580.05 126.11, P9 6251.75 3620.8,5 AMA _ a REAR ING. PLAYGROUND SURFACING 12"DEPTH FIBAR MULCH 512 N/A 2160 5 8'WIDE FUTURE 6 AVEL TRAIL DESIGNED BY Z G9 6I91b6 5521.54 61A5' Pg 6I65.77 5542.411 'i.30' (, \ GIO 6193.96 5460.13 9.50' PIO 6181.T1 3535b3 AMA _ w GII 6245.48 5460.75 100,75' PH 4b192.53 3506.90 56.01, DRAWN BY 0 I UNPLATTED LANDS GI ' 012 6545.68 3435,39 120.48' P12 VC12.65 350b.90 JJR z G15 6459.16 5459.51 25.47' P15 6205.65 545S.52 91158' CHECKED BY d / V4 6460.14 3363S5 111.51, P14 6215.14 5460.52 08/09/05. p GI5 644gJ5 547q.50 246.g2' P15 6216.29 3450.8,6 14.0q' DATE „ Y �1 J G16 6463.68 5474.40 61.50, PI& 62641.04 3444AI 05024 UNPLATTED LANDS / PROJECT NO. a cl GI7 6611.33 3495.58 192.42' PL1 6396.H0 5451.35 26.33' N __ 1� ! / i CIS 66g9.bb 5525.65 116.22, PI9 6419.60 5464.52 05024_SD.dw9 0 GENT . TTRAIL.To_ PHASE - a L ON 68,63.26 5521.52 401.55' PI9 6448.4-1 5410.56 52.92' FILE NO. 2AE 2_,f.-IMPROVEMENTS,BY __.____,.\� _ - - - _ U - OTHERS ' f P20 6456.gq 33"18.56 P21 6461.14 5 . 61 26665 bl' z -_-r P23 66461.14 �1.51 3496.64 A c�^O Pi P24 656316 3445-50 P25 6656.15 35Oq.gO 15.65 I ..any. _.. 1-26 6670.92 3516.50 Y­Z_0 P27 6730.17 5526.95 62.35' 2 p P _ - Z ASS 2 RAIL � t FOOTBRIOOM;.OMR_AGTOR TO-SUBMIT SHOP ��``.� :� \I\ ___-- // - - \• '�. DETENTION POND _ .. _ _ __..DRAWIN�FOT2 REVIEW AND APPROVAL 1 C - `, .. _ i! CC) - _^ C�9j -ia 00 V FUTURE SEAT _ ! \ \\ Z GLASS 2 IL,THI GONT AGT J/" U-) z SIR ` 6'WIDE 9 T.TYP. "•.\\ .�`\ _�- __ _---FUTl]R)rEH =. "�`\ ._.... 25 rABLEE PICNIC -��`---... CV \ <4a1 SW N SET _ _ i-•_ _==�` '- "� - _ \� 6'WIDE BENCH: ---\.__ -+- _ �!\- -___ -•:-"� _ �I Ef TYR QI ` �� - - -- L5 410 12"DEPTH FIB LGH PLAYGROUND 5U N6 61 a 1 , 35-29, , TRASH RfG'-P7AGLE SEAT ® / -- j. V WETLAND AREA In �TLAND SETH IaIy� O f 4RkyYgY \ I W W UJ 1 F ' SHEET 25 SITE Li,!s,YOUT PLAN- SCALE; rr SCALE: i"=30' l� � � 3 O, 6 O �J I •JOLENE J. / RIECK � SITE FURNISHINGS SGHEDULE ' 184LAR — ,\,b�ILKHOUSE AVENUE MANUFACTURER ITEM MODEL NAME MODEL # COLOR QTY AME TIME PLAr _ N- 16 IPAGKAGE IGROUND FOR PLAY EQUIP.J 2302q GOA INNS TO -800-235-2440 MOUNT N6 I SEATS ARLINOTON UFg 6 20 MATCH EXISTING SITE AMENITIES 2 BENCHES ARLINGTON UF-1106 3 AMA a 2.5 2.50' - TRA5H RECEPTACLE ARLINSTON ULg300 0' JJB SOLUTIONS PET WASTE DISPOSAL ECONOMY PET WASTE STATION JJBOO6 W DESIGNEDBY ZA 2 Sq 44.22 40.20 FIBAR ING. PLAYGROUND 5URFAGIN6 12"DEPTH HEAR MULCH 312 N/A ql0 SF AMA w SIDEWALK BY OTHE `1 '�I DRAWN BY (O JJR z_ CHECKED BY g PET WAS r - ' a TE DISPOSAL STATION _._.._ I-- .._........ __._...._._..... .____ ._- ___ ___, - � 08/09/05 p j 5'WIDE 5IDEWALK I i!� !/ DATE Y 05024 w PLAY EQUIPMENT: ._.\ PROJECT NO. IL A6E5 2-5 WITH 12' DEPTH � v� ._ PLAYGROUND 5URFAGIN6 -_... I------ % -.'% %� „�-�� 05024 SD.dwg $ -TRASH RECEPTACLE II ___ - __.-___ i �%/' �/, � ���—� � \ FILE NO. U W WIDE SEAT U cc z -L_... W OIZ, fV I \ f RI3.13' SEAT E- - --3 -- --P� N 6'WIDE BENCH \ . - I L......... IIF I BENGFf I i 6 LA550 AVENUE Q Q, 1 -- --� - ---- - iV — — CENTER SIDEWALK BETWEEN — ... ._ - W Z V LOT LINES 8 I - + - � t1 W Q I 1--i JQ' w 65 84.41' 65 so' N J r1 o i 5'WIDE 51DEWALY. R55.67' a 1 I I I. i i I j 2 210 : ! RESIDENTIAL LOTS 1 .. I I , ( I BENCH p _ O L _ I I _1_ .._._I PET WASTE DISPOSAL w O^ _ __ ___ STATION 1--4 `r w x FEZCGUSON AVENUE —--� SHEEP 2 GUT-THROUO H WAL< (FHASE 2D) POCKET PARK LAYOUT FLAN (PHASE 2G) 20' 0, NOTE SCALE: "=30' 5' NOTE,ALL RADIUS POINTS MEASURED0 10'FROM 0 15' 30' 60� 90' SD2 INNER EDGE OF CONCRETE BAND -� ' WETLAND SETBACK SPEC I E5 BY OTHERS _ _,._ __ _ - -- LEGEND = JORIECK J• -- , WETLAND AND NATIVE RIPARIAN SPEGIE5 - 184LAR - I 5ED6E 5PEGIE5 GAREX AQUATILIS GAREX UTRIGULATA GAREX VESIGARIA,GAREX LANGUIN05A WETLAND AND NATIVE a o•o: RUSH SPECIES JUNGUS BALTIGUS,_IUNGUS EFFUSUS,.FUNGUS ENSIFOLIUS � RIPARIAN SPEGIE5 '%iGo A s;c• �"\ CATTAIL TYPHA 5PP. NATIVE GRASSES is�q P�IINpp��J�\ I I GRASSES GALAMAGR05TI5 GANADEN515,GALAMAGR05TI5 5TRICTA,DE5GHAM5IA x x#' IRRIGATED LANAI GE5FITO5A,ELYMU5 GLAUGU5,PA5GOPYRUM SMITHII t ' FOR55 ACHILLEA MILLEFOLIUM,AMIGA GORDIFOLIA,AKAPHAL15 MARGAFZITAGEA, Lj UNPLATTED LANDS ANTENNARIA MIGROPHr-LLA,ARTEM151A LUDOVISGIAA,ASTER 5PP.,EPILOBIUM ® r BENCH AMA d GILIATUM,HERAGLEUM LANATUM,GUEM MACROPHYLLUM,5OLIDAGO CANADE145I5, DESIGNED BY _ x�c /• VIVA AMERICANA LD AMA - m '(2)rN Yzx 6RAMINOID5 GALAMAGRO5TI5 GANADEN515,ELYMU5 CAUCUS,FESTUGA IDAHOEN515,FE5TUGA DRAWN BY O ik IJ 5GA5RELLA,KOELERIA GRI5TATA,P5EUDOREGNARIA 5PIGATA,5TIPA GOMATA 1 r JJR z - cJv•_ - \ '>�. ! CHECKED BY g u°I 08J09/05 p DATE ~ Mix#1 05024 a Lu PROJECT NO. a 05024 LS.dw9 0 r - - _� I •Y fi.' I i ' FILE NO. w uN TTEv LANDS I z AC 19 yr /y _ _. ~x � IN FT i FT i A - I 46 FC, 1� � }�(L')'p-r;i PP n)Pe�. �` - �..• '��`"f �:�� I�� I I I I� ! � 1 �. e. � . I I I� : I I I I �� ���,'z'` —�\ � �—� .;\ 1 PF o)Pr _C I Q\ IA u 'z - _ / - W o SR : �,,-� _ - q r , � � � I l I %I I I I I I I I I I I I .�-�.�- J "'I-� I � I`'���._L;-�f� \• � X 1 _ / ,za \ — �� EL SEE 5HEET L3 FOR STREET J S=ED MIX#I 2 PT TREE PLANTING PLAN "y�° � ,y /_ � � I III II I II II II II II I _ III III _ I II I II _ I _ I I I In ` ,r I I � T ns)Tc I11 LANAD A1VD NATIJE I I ^ PLANT SCHEDULE RKN`Y ��4' I � Q Z 5YM Q BOTANICAL NAME COMMON NAME SIZE ROOT NOTES DECIDUOUS TREES rf '� � y,•�. I I I I Z ~ A5 b AGER 5AGGHARUM'GREEN MOUNTAIN' GREEN MOUNTAIN MAPLE 2"GAL. B 8 B GO 5 CELT15 OGGIDEN7ALI5 COMMON HAGKBERRY 2"GAL. B 8 B F GR -1 GORNUS RAGEMOSA GRAY DOGWOOD 2"GAL. B d B TREE FORM FN 6 FRAXINUS NIGRA'FALLGOLD' FALL(5OLD BLACK ASH 2"GAL. B 6 B 7 J S SEED ,Its A PT 14 POPULU5 TREMULOIDES QUAKING ASPEN 2"GAL, B G B MIX p2 5P 4 SALIX x'PRAIRIE CASCADE' PRAIRIE CASCADE WILLOW 2"GAL, B E B I 4 ') O) *µe TG 13 TILIA GORDATA'GREENSPIRE' GREENSPIRE LITTLE LEAF LINDEN 2"GAL. B 8 B --� r •� �" y Jt„'^' SA 3 SORS AUGUPARIA'DEGORA' SHOWY MOUNTAIN ASH 2"GAL. B E B BU ORNAMENTAL TREES --- —- I SHEET AG 5 AMELANGHIER x GRANDIFLORA APPLE SERVIGEBERRY l GAL. CONTAINER 1 "I- ! SR 1 5 1 5YRINGA RETIGULATA JAPANESE TREE LILAC 1112"GAL. B 6 B ' EVERGREEN TREES ® n n PG 10 PIGEA PUNGENS'GLAUGA' GOLORADO BLUE SPRUCE 5'-6'HT, CONTAINER IW\I T PP 2 PINUS PONDEROSA PONDER05A PINE 5'HT. B t B 0 15' 30' 60' 90' L 1 DECIDUOUS SHRUBS - 613 1 9 I GORNU5 BAILEYI RED TWIGGED DOGWOOD 2 GAL. CONTAINER 84LAR , r • R ECK 1 I I I I I I FN' ! AMA d , i I � � I DESIGNED BY AMA \ \\ I DRAW w 1<<� �, I DRAWN O CHECKED BY a. a.(2)TO MIL SE AVENUE a.. SEE SHEET L5 POR 08l09/05 .. " STREET TREE PLANTING PLAN- i DATE 05024 0 • 05024 LS.dwg c I FILE NO. 4 5.5. : SEA _ PLANTING AREA WITH ,.,., u� i -' (U FN PG AND MENTASHRUBS TREE5_-- 5R x� ''�k4 W 7- ol E SHEET L3 FOR STREET r y TREE PLANTING PLAN 0 SR Pa vI Ls FIR LAWN,TYP PF - - _ r p 7- (2)PG j 1 IRRIGATED LAWN,TYP. z m -- - - u As g 3�5B , F � ; FN kf Q CJ rU-)/� O i I ! ; I I ; W i i FF��•I I I I - ; /X , i c W F W ---- b Q 2 GUT—THROUGH PLANTINO PLAN (PHASE 2D) a po SCALE. 0 5' 30' 60' 90' PLANT SCHEDULE U H I POCKET PARK PLANTI NO FLAN (FHA5E 20) 0 1 0' 20' 40' 60' 5YM Q BOTANICAL NAME I COMMON NAME SIZE ROOT NOTES SCALE: I'=20' DECIDUOUS TREES r k AS I AGER 5AGGHARUM'GREEN MOUNTAIN' GREEN MOUNTAIN MAPLE 2"GAL. B Q B Zy N•! FN 5 FRAXINU5 NIGRA'FALLGOLD' FALLGOLD BLACK ASH 2"GAL. B 8 B ^O^ � I 1 Tr. 2 TILIA GORDATA'GREEN5PIRE' GREEN5PIRE LITTLE LEAF LINDEN 2"GAL. B 8 B F a 1-'-i �/ ORNAMENTAL TREES w Fr 5 PRUNU5 x C15TENA PURPLELEAF SAND CHERRY 7 GAL. CONTAINER SINGLE 5TEM = SR II 5YRINGA RETIGULATA JAPANESE TREE LILAC 11/2"GAL. B 6 B y EVERGREEN TREES P6 I I I PIGEA PUNGEN5'GLAUGA' GOLORADO BLUE SPRUCE 5'-6'HT. CONTAINER DECIDUOUS SHRU55 SHEET NOTE: PF 7 POTENTILLA FRUITIG05A'50LDFINGER' 60LDFINGER POTENTILLA 2 GAL. CONTAINER SB Q 5PIRAEA x BUMALDA'SOLDFLAME' GOLDFLAME SPIREA 2 GAL. CONTAINER FOR ALL OTHER PLANTING DETAILS AND PLANTING NOTES, EVERGREEN 5HRU55 PLEASE SEE SHEET LE. J5 b JUNIPERU5 5GUAMATA'BLUE STAR' BLUE STAR JUNIPER 2 GAL. CONTAINER II nu,rrr PLANT SCHEDULE j f ��: I 'Ij�,qllll`"II lI!� \� �°�s`"`'�'�'"•"•'s''''',, 5YM QT BOTANICAL NAME COMMON NAME 51ZE RDOT NOTES - DEGIDUOU5 TREES —.��- I - tsw— �I� Ii�,1 ��, - JOLT J.••• AR 14 AGER RUBRUM'NORTHWOOD NORTHWOOD RED MAPLE 2"GAL. B 4 B `\• IllflII'�1',4'!I`II�;1I III j I� = RIECK • GO 21 Cl OGGIDENTALI5 COMMON HAGKBERRY 2"GAL. B 6 Bii I91'I fil,•Ili lilt s �•.` 1 84LAR ' FP 40 1PENNSYLVANIGA'PATMORE' PATMORE GREEN ASH 2"GAL, B& B \ I 4il'I i•I I! ii Ilil I / 4v :,Vv oa9w � FN 26 FRAXINUS NIGRA'FALL60LD' FALLGOLD BLACK ASH 2"GAL. g g g � � -!V1� ,I, I!,.i� III :� III GT 32 GLEDITSIA TRIAGANTH05 VAR.INERMIS THORNLESS HONEYLOGUST 2"GAL. g g g UA 5 ULlSORB ERIC ARIA'DEGORA' SHOWY MOUNTAIN ASH 2"GAL. g B g r' I - :I UA 8 ULMUS AMERIGANA AMERIGAN ELM 2"GAL, g a g \ / Ii I U I ;_ AMA a /- �--- �• Ali- DESIGNED BY 5A i s� +l1 �fr/ AMA 6T AWN BY LOU-' c --' h ,,,JJJ I _ ! 4 I�jl I DR JJR r - -O O (2)GT O J// O I \\ f Q !T� �.:�/ +' CHECKED BY. a 5A 08/09/05 p DATE (2).... FP-_ GO ~ � sA ,¢ i __.�,-�\ \\\l 05024 5A GT ( ' 4ST PROJECT NO a _t \ FILE NO. U GT AR / II FP AR � UNRE... i� I FPFp FP _ \ _ - \ AR, GO I CO _ Ca9b — - / / '� 5E SHEET LI FOR P� Gym P Q TING PLANcO Z �6 1 3 HEET L2 FOR - -�. _ '\ _- �`�'Z m�3 FP FP PL' Till PLAN Py r Fp : �3 0 FN -- Z89'✓ �V Ati �`�� ' FP F � i FN P - � / � � ! � � �� � � �� GO \ J 1 G co j I G qR o J ;- U) 1 5aa� FP . ramo FP FP --sag' / I � ICJ CIT FP U (D 6T - - — — Ocv \ FN ! f \ \ / I f ` - ➢ A , I 9A I^) �J \ FN _ -� -. -_SA._5 \` \��, p/ SA - (4)SA I I- 1 - s - 5A � � ' o II ,• G o - W s .... _ - II / �.r, LN O „5A 5 AR A I P GT ! • FN -...SA 5 FIN - ,i I I I q _ r+ 1 O r1 .. - - I . ag FN _ yg99 I I - - I i. `I I� �A.99w Pp FP \I I I FN I _ FN _ . - _ FN -_ I i ~ _ GO UA _ _ 9b ' 1 ,-- J'1 - 6T iaT I;I il�I I III ,1 I ^GODD GO77 - GO FN i AR L FN _ _ - - 4' _ E_SHf'ET 'F FP fP �IiI II I- I ANTINA I'li _ ,. - 1,y I�I 6T L4 6T (3)FP AR, _ ® __ - `'J - - - IIIi•I�\, I W UA UA 10 1 I ~ I IFpi III If. o I '1 i I AR I ---�-.--I ey r �I .. I I', P _. .. UA i (2)5A (2)5.__. ,_ _ _..__ .. 6T !ST I I Ili i - • i F ' F- - GO FN ii rL9 co Co { o _.T _ I/ SA I 5A o ii it IIL l: i. FN I SA _ _ . F _ _ _ __ III; f I + _4 r _ �...;- - j +,/ N SA I �� �r .rT i. . �-_.t '_' SHEET 6 s fI •- - .. • _ _. — - i y i , ' it STREET TREE PLANTI NS PLAN SCALE: 1"•60' 0 30' 60' 90' 122' 4 JOLENE J.••'• FINISH GRADE = RIECK - —III—III I—III— —III- - FINISH 6RADE/70P OF MULCH = 154LAR GEAR DRIVEN ROTARY HEAD AS SHOWN;SET IRRIGATION NOTES = = - -III- - - _ AY HEAD I. CONTRACTOR SHALL MAKE HIMSELF AWARE OF ALL I6. PROVIDE GHEGK VALVES IN ALL HEADS WITHIN A ZONE THAT —III—III III—III—III— TO GRADE WHEN TURF 6"POP-UP 5PRIS ESTABLISHED W/ADJUSTABLE RADIUS 'So'"••' o�''."`` EXISTING AND PROPOSED SITE CONDITIONS,INGLUDIN VARIES MORE THAN 2'-0"IN ELEVATION. -(III—III— —III III III' NOZZLE N BWATER ��run nrl�� U PLANTING,6RADI , U N ILDI GON5TRUG W TION, ATER Iq. LOCATE SPRINKLER HEADS ON THE UPHILL 51PE OF — 5WIN PIPE;12-INCH LENGTH DEVELOPMENT,AND SUPPLY,PRIOR TO COMMENCEMENT OF PLANTINGS. PROVIDE HEAD TO HEAD GOVERA6E AND NOZZLE —III—III —III—III—III- WORK. NOTE ANY SLEEVES AND IRRIGATION STUBS FOR HEADS TO PROVIDE A BALANCED PRECIPITATION RATE. .III .III— -III—III— � NPT X AqO INCH BARB AMA a FUTURE WORK. HILL LOCATE SPRINKLER HEADS TO AVOID OBSTRUCTIONS THAT —III —III- DESIGNED BY z U CONTRACTOR U SHALL LOCATE AND PROTECT ALL -WILL LIMIT RADIUS OF COVERAGE,CAUSE DRY SPOTS,OVER LD UNDERGROUND UTILITIES,CONDUITS,AND STRUCTURES AND SPRAY ON BUILDIN65,STRUCTURES AND PAVEMENTS OR OTHER Iiii 5GH DO UNITIZED PVC, AMA SHALL ASSUME RESPONSIBILITY FOR ANY DAMAGE INCURRED. WATER DAMAGE. —� �, SHIN JOINT,12"LENTH J DRAWN BY 3. THE IRRIGATION CONTRACT INCLUDES SUPPLYING AND 21, NO SUBSTITUTIONS WILL BE ALLOWED WITHOUT WRITTEN INSTALLIN ALL MATERIALS AND EQUIPMENT FOR A COMPLETE, CONSENT FROM THE LANDSCAPE ARCHITECT. AUTOMATIC IRRIGATION SYSTEM. ANY ITEMS REQUIRED TO 22. LOCATE HEADS APPROXIMATELY 2"FROM PROPOSED CURBS, 45"MAX' PVC LATERAL PVC SGH 40 TEE OR ELL JJR Z_ CONFORM WITH SUCH INTENT ARE CONSIDERED TO BE WALKS AND MOWING EDGES. PIPE PVC LATERAL PIPE CHECKED BY( n INCIDENTAL TO THE WORK. 25.USE A I"VALVE FOR ZONES WITH A FLOW OF 25 GPM OR - 4. DO NOT WILLFULLY INSTALL THE SYSTEM WHEN OBVIOUS LESS. USE A I-1/2"VALVE FOR FLOWS BETWEEN 25 GPM AND 65 YY MALE NPT X.4q0 INCH BARB 08/09/OS 0 OBSTRUCTIONS,GRADE CHANES AND SITE GEOMETRY EXIST. GPM. ELBOW DATE Y SUCH DIFFERENCES SHALL BE REPORTED TO THE OWNER'S 24. ALL VALVES TO BE INSTALLED N'GARSON'VALVE BOXES OR SGH 40 PVC TEE 05024 Q REPRESENTATIVE. IN THE EVENT NOTIFICATION IS NOT MADE, EQUAL OF PROPER SIZE,DEPTH AND GRADE. PROVIDE VALVE OR ELL - PROJECT NO. a THE CONTRACTOR SHALL ASSUME ALL RESPONSIBILITY FOR BOX EXTENSIONS AS REQUIRED. ANY NECESSARY REVISIONS. - 25. ALL WIRIN FROM THE IRRIGATION CONTROLLER TO REMOTE p J� p//�� GL� �/ J� 05024_IRR.dWQ o 5. CONTRACTOR SHALL REFER TO LANDSCAPE AND CONTROL VALVES SHALL BE OFIN V DIRECT BURIAL GABLE. ALL ROT®R HEA== I VP-UP JI RA I HEAP N ELECTRICAL PLANS WHEN LAYIN OUT HEAD PLACEMENT AND WIRE SPLICES SHALL BE MADE IN VALVE BOXES. PROVIDE I FILE NO. TRENCHING. SLEEVES UNDER ALL PAVED AREAS. U 6. ALL IRRIGATION INSTALLATION SHALL CONFORM TO 26. CONTRACTOR SHALL BE RESPONSIBLE FOR THE FINAL REFERENCE NO SCALE REFERENCE NO SCALE LOCAL CODES. - LOCATION OF THE CONTROLLER,SACKFLOW PREVENTER AND T. CONTRACTOR SHALL VERIFY IRRI6ATION SYSTEM DES16N CONNECTION TO WATER SOURCE TO MEET FIELD CONDITIONS. Zi AND B.P.M.REQUIREMENTS AND COMPATIBILITY WITH THE COORDINATE INSTALLATION WITH OWNER'S REPRESENTATIVE AND U � uxQ. FINISHE WATER SOURCE. OTHER TRADES. C] �m 6. ALL EQUIPMENT,INCLUDING NOZZLES AND EMITTERS ARE TO 21. CONTRACTOR SHALL BE RESPONSIBLE FOR FINAL BALANGIN BERMAO W C O BE DIRTY WATER COMPATIBLE. AND ADJUSTIN THE COMPLETE IRRIGATION SYSTEM,INCLUDIN MODEL 4415 VALVE BOX A gh h^U q. ALL SPRINKLER EQUIPMENT SHALL BE PRODUCED BY THE SPRAY kEADS,ROTORS AND DRIP LINES. FINISH(BADE 3 Z AIR a VACUUM CO �i< z 11.SAME MANUFACTURER. TION PIPE DOWNSTREAM FROM ELECTRIC W NTERIZATTO TANDOR I 5PRIN6 5T RESPONSIBLE T-UP PRIOR TO MI AY ST,SDURINGR QUICK COUPLING VALVE IN A ROUND - _ _ RELEASE LINE SIZE GATE VALVE- 3 VALVES IS TO BE I60 P51 3406 POLYETHYLENE PIPE THE ONE-YEAR WARRANTY PERIOD. OR RECTANGULAR VALVE BOX - —III- VALVE sp Z o� INSTALLED WITH INERT TYPE FITTINGS AND'OETIKER'DOUBLE 2q. FINAL INSPECTION: THE IRRIGATION CONTRACTOR SHALL 50HFDULE 60 PVC THREADED -III—III CLAMPS. DEMONSTRATE THE ENTIRE SYSTEM TO THE OWNERS NIPPLES;LENTH AS REQUIRED 2"X4"THREADED m H a 12. ALL ELECTRICAL AND IRRIGATION SLEEVES LOCATED REPRESENTATIVE,PROVIN THAT ALL REMOVE CONTROL VALVES _ .NIPPLE,LINE SIZE 0 =O a a UNDER PAVEMENT OR RETAININ WALLS.SHALL BE.IN 4"DIA. ARE PROPERLY BALANCED,THAT ALL HEADS AND EMITTERS ARE SCHEDULE 40 PVG - F-I Z a 3 5GH.40 PVC,MAXIMUM COVER OF 24". PROPERTY ADJUSTED FOR RADIUS,ARG OF GOVERA&E AND FITTIN65,TYPICAL III - - -III—III- _ / 0 Ri 3 15. ALL DRIP LATERALS SHALL BE BURIED TO HAVE A MIN. EMITTER LOCATION AS IT RELATES TO INDIVIDUAL PLANTS. 2"X2'X2"SXSXMIPT TEE S�m._ COVER OF 10"DEPTH. ALL DRIP TUBES WITH EMITTERS SHALL 30. PRIOR TO FINAL PAYMENT THE CONTRACTOR SHALL PROVIDE MAINLINE - = 5GH 40 PVG UNION gc� BE AT SURFACE UNDER FABRIC AND MULCH. TO THE CITY PARKS DEPARTMENT AN AS-BUILT PLAN AND PIPE —III -III -III—III MAIN LINE PIPE 14. PROVIDE 14 6AU6E DIRECT-BURIAL LOW VOLTAGE WIRE OWNER'S MANUALS. DURIN THE COURSE OF THE INSTALLATION, WITH 3M DBY WATERPROOF CONNECTORS.RUNS OF LOW THE CONTRACTOR MUST RECORD ALL GHANGE5 MADE TO THE III--III—III III—III — & g —III— . VOLTAGE WIRE IN EXCESS OF 600'SHALL BE 12 6AU&E WIRE. IRRI6ATION SYSTEM. THE GHANE5 MUST BE MADE IN RED ON THEI- 15. ALL MAINLINE PIPING SHALL BE BURIED TO HAVE A MINIMUM ORIGINAL PLAN. — — — — COVER OF 12". ALL LATERAL PIPIN SHALL BE BURIED TO 51. THE CONTRACTOR WILL WARRANTY THE IRRIGATION SYSTEM = — — "o° — BLOCK CONCRETE THRUST z HAVE A MINIMUM COVER OF 10". PULLIN OF PIPE 2"VIA.OR FOR A PERIOD OF ONE-YEAR FROM THE DATE OF SUBSTANTIAL BLOCK /� LESS IS ACCEPTABLE. COMPLETION. ANY SETTLEMENT THAT OCCURS DURING THIS TIME I6. SLOPE MAINLINE TO DRAIN. WILL BE REPAIRED AT THE CONTACTORS EXPENSE. O R II LIMIT THE USE OF FITTIN65 AND INSTALL LINE SIZE FITTINGS TO ENSURE MINIMUM FRICTION LOSS IN SYSTEM. 3 G2U I GK GOUPL R 4 AIR RELEASE VALVE �1 � REFERENCE NO SCALE REFERENCE NO SCALE IRRIGATION COMPONENTS 1 D DESCRIPTION MANUF. MODEL• CO DBY WATERPROOF CI) GONNEGTORS OR EQUAL r^ v O RECTANGULAR VALVE POP-UP SPRAY HEADS RAINBIRD 1606-5AM-FRS OR BOX F+-1 HUNTER ZT-06-GV FINISH MULCH 6RADE/TOP OF _ BOX RECTANGULAR VALVE O N ` POP-UP ROTOR HEADS RAINBIRD 5505-NF OR \ PRE MODU ERE RE6ULATIN TrT Z HUNTER 1-20-6P-ADV - h•-1 ELECTRIC CONTROL VALVE RAIN51RD 100/150/200 PE56-PRS-D OR REMOTE CONTROL VALVEMAU MEWFIN.GRADE HUNTER PVC 5GH 60 NIPPLE(CLOSE) _DRIP ZONE CONTROL KIT RAINBIRD XG W PVG SCH 40 ELL Z-LF-O'}5 LINE SIZE BALL ^ W CONTROLLER RAINBIRO ESP-MG PVC,5GH 60 NIPPLE(LENTH Z �VALVE �--1 N SLEEVE-LINES PVC,5GH 40 4"DIA.MIN.,6"VIA.MAX. AS REQUIRED) W P4 O 10"ROUND O oQ�°O°6�°�a� BLOCK(I OF 4) MAIN LINE W MAINLINE PVC 5GH 40 2"VIA. VALVE BOX S PVC 5GH 60 NIPPLE(2-INCH x G 3"MIN. LENGTH,HIDDEN)AND 5GH 40 w O p°CLb°°o Opg°p W LATERAL LINE PVC 54 40 3/4"VIA.MIN.,2"OW MAX. ELL ° SCHEDULE 40 DRIP LATERAL LINE PE Wo P5I 3/4"VIA.MIN.,I"DIA,MAX. 51,MIN' \\\\\ ���//\ PVC,5GH 40 TEE OR ELL 6"DEPTH WASHED N."ROCK PVC UNIONS (L w DRIP EMITTERS RAINBIRD XB-10/20 PG \ \// � PVG 5GH 40 MALE ADAPTER QUICK COUPLER a KEY RAINBIRD 44 RG OR /� /� PPVC VC LATERAL PIPE HINTER HQ-44RG 3/4" \\ \/\\\//\�/� 3"DEPTH,%"HASHED WASHED / / � , /�/i\r\�\ 6 ISOLATION BALL VALVE AGGREGATE /\\� RocK - REFERENCE NO SCALE COMPACTED � R5EREELECTRIC CONTROL VALVE v/\/,�� \ z 501E \\/ � �? FINISH GRADE - Z _--/ � TAPE a BINDLE ALL WIRIN AT 10 FT. _ O 4"PVG,RISER % \\��\ �/>j PVC 5GH 40 ELL .j INTERVALS.MAKE ALL SPLICES IN VALVE 'i O L�ENeTH EWIR D % /\y / y/\ MAIN LINE KA" PVC 5GH 40 NIPPLE t •V TBIEOXES 4 LOCATE A L005E 20 F ON OOPBIN WIRIN AT ®� ~ %�� THREADED TEE ON WATERPROOF CONNECTIONS CONDUIT ALL CHANOE5 IN DIRECTION GREATER DIRECT BURY 5UPAG 4NP \� / BOTTOM RECTANGULAR VALVE BOX SECTION THAT 50 DE6REE5. UNTIE ALL LOOPS SECTION CLOTH,TURN �//?W\W\\\ \ C \\ TOP OF MULCH OR FINISH AFTER MAKING CONNECTIONS. (��f DOWN AT ENDS /�\//\\�\y \/�\ \y\ GRAPE INSTALL ALL 120V.WIRIN IN CONDUIT. /\%�/\ �% - PVC 5GH 60 NIPPLE PLAGETHROU6H S ALL LEEVES N GOND UIT UNDER T AND J IES ESP 3"MIN. 5ERVICIN A55Y.N FOR CONTRACTOR HA5 THE OPTION TO TRENCH OR PULL P.M. LATERAL \/\�\ \/ /\\ PVC SCH 60 PVG 51-H 40 MALE ADAPTER LINES,PROVIDED A MINIM(UM COVER FITTIN D NIPPLES 60 3"MIN.DEPTH OF%"MINUS COP�gN1T OF 10"CAN BE GUARANTEED. DIRECT BURY PLAN LU\�� WASHED ROCK FINISH GRADE _ FINISH 6RAD F- \��\/ WlI1JOoonn000 /\% VALVE ° ,��oo BLOCK(I OF 4) -�% N W (REMOTE CONTROLNE PRESSURE RE6U�TOR - �� LATERAL \ �. LATLu ERAL / MAIMLI RY 1^IELL"IN,I GY INLINE WYE FILTER BE DIA SECTIONS \\\\ /1�0 n0 0'/�\\//�F 1-1/2"WASHED BALL VALVE Y ,+ SNAKE ALL � ° oo , 66RE6ATE IN GONDI/�IT SHEET N QoVV o0 (��jU/ PVC,MAINLINE LATERAL PIPE PVC 5GH 40 TEE OR ELL IN TRENCH PVC,SOH 60 NIPPLE(2-INCH LENGTH HIDDEW AND PVC,5GH 40 ELL PLANS 7 MAIN LINE 1:)RA I N a DRIP ZONE CONTROL q TRENCHING L4 REFERENCE NO SCALE R=r E-:;7EI';CC NO SCALE REFERENCE NO SCALE PLANTINO NOTES SEED MIX#1 (IRRIGATED LAWN) 60% KENTUCKY BLUEGRASS JOLENE J.••'• = I. PROVIDE BARK OR GLEAN WOOD CHIP MULCH,3"MINIMUM DEPTH FOR PLANT STOCK. I-I. PLANT FERTILIZER SHALL BE ANALYSIS A6RIFORM(21 GRAM),20-10-5 BY WEIGHT 15% CREEPING FESCUE = RIECK CONTRACTOR WILL PROVIDE SOURCE AND SAMPLE FOR APPROVAL BY THE OWNER'S OR AS APPROVED BY THE OWNER'S REPRESENTATIVE,APPLIED AT THE RATE 25% PERENNIAL RYE = 1 84LAR = REPRESENTATIVE. - RECOMMENDED BY SOIL TESTING AND SUITED TO THE SPECIFIED PLANTS. - - 2. FINE GRADE AND SLOPE ALL LANDSCAPED AREAS TO A MINIMUM SLOPE OF 2.0%TO 19. THE CONTRACTOR SHALL NOT BE RESPONSIBLE AT ANY TIME TO REPLACE OR DRILL SEED AT 5 LB5.PER 1000 5F �H! Doti DRAIN, POSITIVELY NO SETTLEMENT,EROSION,SEDIMLRJTATION OR OFF-PROPERTY HONOR ANY WARRANTY FOR THE LOSS OF ANY TREES,PLANTS,GROUND COVERS OR BROADCAST SEED AT 8 LISS.PER 1000 SF �'�03,'• ESN 5•' DRANAGE NUISANCE SHALL BE ACCEPTED. SOD CAUSED BY FIRE,FLOODS,LIGHTNING,WINDS ABOVE 70 MILES PER HOUR OR ANY FERTILIZER: 16-20-0 AT 20 LB5.PER.5000 SF PLANT ALL TREES TO HAVE THE SAME PEII 3. CONTRACTOR TO VERIFY W IpR`�\\\ WITH THE PROJECT MANAGER AND UTILITY COMPANIES THE OTHER NATURAL DISASTER,NOR SHALL THE CONTRACTOR BE HELD RESPONSIBLE FOR '� RELATIONSHIP TO FINISH GRADE AS,LOCATIONS OF ALL EXISTING UTILITIES PRIOR TO START. CONTRACTOR TO REPAIR ALL ACT5 OF VANDALISM OR NEG1_I6ENGE ON THE PART OF THE OWNER. > ORIGINALLY GROWN IN THE NURSERY. DAMAGES TO EXISTING UTILITIES,CURBS,PAVEMENTS AND STRUCTURES WHICH OCCUR Iq, MAINTENANCE SHALL BE61N AFTER EACH PLANT HAS BEEN IN57ALLED AND SHALL SEED MIX#2(NATIVE GRASSES) DURING THE CONSTRUCTION OF THE PROJECT OR AS A RESULT OF THE CONTRACTRS CONTINUE UNTIL FINAL ACCEPTANCE BY THE OWNER'S REPRESENTATIVE. MAINTENANCE AMA ACTIVITIES,AT NO ADDITIONAL COST TO THE OWNER. INCLUDES WATERIN6,PRUNING,WEEDING,MULCHING,REPLACEMENT OF SICK OR DEAD 40% WE5TERN WHEATGRASS 20% SLENDER KHFATCZA55 �+s DESIGNEDBY -Z 4. PLANT LOCATIONS AND BEDS SHALL BE LOCATED ST LLAT ON. AND APPROVED PLANTS AND ANY OTHER CARE NECESSARY FOR THE PROPER GROWTH OF:THE PLANT 10% THIGK5PIKE KHEATORA55 ,�a PRUNE TO RETAIN NATURAL FORM 0 MATERIAL. •5TAKIN6 IS MANDATORY. SUBMIT A AMA W BY THE OHAlERS REPRESENTATIVE PRIOR TO PLANT INSTALLATION. 10% SHEEP FESCUE 20. DURING THE COURSE OF THIS WORK,EXCESS WASTE MATERIAL SHALL BE REMOVED 10% BI6 BLUEGRASS DRAWN BY O 5. TREES AND SHRUBS LOCATED IN GRASS AREAS TO HAVE MULCH RIN65 AS PER DAILY FROM THE SITE AND UPON COMPLETION OF ALL WORK. 10% MOUNTAIN BROME SHOP DRAWING OF 5TAKIN6 DRAWN Z DETAILS. PROCEDURE FOR APPROVAL BY THE JJR21. UPON COMPLETION OF ALL LANDSCAPING,A SUBSTANTIAL COMPLETION OWNER'S REPRESENTATIVE. 6. PLANT MATERIALS SHALL BE FURNISHED IN THE QUANTITIES AND/OR SPACING A6 WALK-THROUGH OF THE WORK SHALL BE HELD. THE CONTRACTOR SHALL NOTIFY THE DRILL SEED AT b-10 LB5.PER ACRE CHECKED BY SHOWN OR NOTED. IN CASE OF DISGREPANGIES BETWEEN THE PLAN AND THE PLANT BROADCAST SEED AT 20-25 LB5.PER ACRE a SCHEDULE,THE PLAN SHALL DICTATE. OWNER'S REPRESENTATIVE FOR 5CHEDULIN6 THE WALK-THROUGH AT LEAST TWO(2) q KRAFT PAPER TREE MAP,REMOVE AT O 08/09/O5 DAYS PRIOR TO THE ANTICIPATED DATE. SEED NATIVE 6RASSE5 PRIOR TO MAY 15TH OR THE END OF THE WARRANTY PERIOD. 7. ALL SUBSTITUTIONS AND PLAN CHANGES MUST BE APPROVED BY THE LANDSCAPE IN THE FALL FROM NOVEMBER I-ISTH. DATE ~ 22. ALL PLANTS SHALL BE WARRANTED FOR 12 MONTHS FROM THE DATE OF FINAL TREE GUARD;LARGE SIZE OWNERS REPRESENTATIVE. SENTATIVE. ARCHITECT. SUBSTITUTIONS SHALL BE MADE WITHOUT WRITTEN CONSENT OF THE ACCEPTANCE. REPLACEMENT PLANTS SHALL BE WARRANTED FOR AN ADDITIONAL q0 V.GRIPPED WOOD;LOCAL ORIGIN OF 05024 Y - W - DAYS. CHIPS;HEALTHY TREES ONLY,5'-0"DIA. PROJECT NO. a b. ANY WORK OR MATERIAL WHICH IN THE OPINION OF THE OWNER'S REPRESENTATIVE 23. ALL GRADES,DIMENSIONS AND EXI57IN6 CONDITIONS SHALL BE VERIFIED BY THE IN LAWN AREAS,TYPICAL u7 DOES NOT MEET THE REQUIREMENTS OF THE PLANS AND SPECIFICATIONS WILL BE CAUSE CONTRACTOR ON-517E BEFORE CONSTRUCTION BEGINS. ANY DISCREPANCIES SHALL BE 5EEDIN0 NOTES PROVIDE b"MIN.CLEARANCE BETWEEN BALL d PIT WALL5. ALL WALLS SHALL FILE NO. 05024_DETAIL.dWg p FOR REJECTION. ALL REJECTED WRK AND MATERIALS SHALL BE IMMEDIATELY BROU6H T TO THE ATTENTION OF THE OWNER'S REPRESENTATIVE PRIOR TO COMMENCING 1.FINE GRADE AND PREPARE ALL AREAS TO BE SEEDED NOT a U REMOVED,DISPOSED AND REPLACED BY THE CONTRACTOR,AT NO ADDITIONAL COST WORK. EARLIER THAN 2 WEEKS PRIOR TO SEEDIN6.ALL PREPARED BE FRACTURED d UNGLAZED TO THE OWNER. 24. CONTRACTOR SHALL SAFE611ARD ALL BUILDING SURFACES,EQUIPMENT AND SEED BEDS MUST BE WEED FREE - _ q. ALL TREES SHALL BE SUPPORTED IMMEDIATELY AFTER PLANTING BY 5TAKIN6 AND FURNISHINGS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DAMAGE OR INJURY 2.REMOVE ALL ROCKS LAR6ER THAN I INCH AND LEGALLY I �ii \� _ _-REMOVE BURLAP FROM TOP THIRD OF 6UYIN6;SEE PLANTING DETAILS. THE CONTRACTOR SHALL BE WHOLLY RESPONSIBLE TO PERSONS OR PROPERTY WHICH MAY OCCUR AS A RESULT OF NE6LIOENCE IN THE DISPOSE OFF SITE. - ROOTBALL,OUT WIRE BASKET IN FOUR r7-I FOR BTABIL17Y AND PLUMB CONDITIONS OF ALL TREES AND SHRU55 AND SHALL BE EXECUTION OF THE WORK. 3.SEED IRRIGATED LAWNS.ONLY WHEN THE IRRIGATION PLACES AND FOLD DOWN 8 INCHES V LIABLE FOR ANY DAMAGE CAUSED BY INSTABILITY OF ANY PLANT MATERIALS. _ - 9.9 25. THE COME THOROUCTR SHALL COORDINATE WITH SURFACE UNCE 9RO N6 PLANS TO 4.SEEM l5 OPERATING AND FUNCTIONAL. PLANTING SOIL MIX V] f 10. ALL PLANTS ARE TO MEET OR EXCEED'AMERIGAN STANDARDS FR NURSERY GONDITIONSAND6UHTILITIES.LY FAMILIAR WITH GRADING,SURFACE AND UNDERGROUND MOREETH,4N 3 P V41TH I/2 NICHES APART.ROLL SEEDER IOR CULT PACK SEED -III-IIIIII=I W r O (� HnnV STOCK, CURRENT EDITION,5E THE AMERIGAN NURSERY 4 LANDSCAPE ASSOCIATION. BED AFTER SEEDING. ,b 2 ALL PLANTS SHALL BE NURSERY-GROWN UNLESS NOTED OTHERWISE, 26. CONTRACTOR SHALL COORDINATE PLANTING WITH IRRIGATION SYSTEM LAYOUT. 5.MAINTAIN IRRIGATED LAWNS FROM 60 DAYS AFTER � H. CONTRACTOR SHALL TEST THE SITE 7GF501L AFTER ROUGH 6RADIN6 15 COMPLETE 27. THE CONTRACTOR SHALL COORDINATE WITH OTHERS RE6ARDIN6 LOCATION AND 6EEDING BY MOWING,SPRAYING FOR WEEDS AND FERTILIZING. TO DETERMINE SOIL AMENDMENTS REOUIRED IN ORDER TO PROVIDE A 6ROWIN6 MEDIUM TIMIN6 OF INSTALLATION OF PLANT MATERIALS. I 1�EG I I70005 TREE OQO AS DESCRIBED. SUBMIT COPY OF ANALYSIS AND RECOMMENDATIONS TO THE OWNER'S 25. THE CONTRACTOR SHALL ENSURE THAT HIS WORK DOES NOT INTERRUPT NO SCALE L4 am REPRESENTATIVE FOR APPROVAL. ESTABLISHED OR PROP05ED DRAINAGE PATTERNS. FINAL CRAVE SHALL BE 12. TOPSOIL SHALL BE LOOSE AND FRIABLE. IT SHALL CONTAIN NO LUMPS OF SOIL OR APPROVED BY THE OWNERS.REPRESENTATIVE PRIOR TO PLANTING OPERATIONS. FINISH - O 0 c ROCKS LARGER THAN I". IT SHALL BE SUFFICIENTLY FERTILE TO SUSTAIN NORMAL, GRADE BEFORE MULCHING SHALL BE+\-5"BELOW FINISH SURFACE OF ADJACENT H UO Z a 3 HEALTHY PLANT GROWTH. PAVING. Z m=3 13. ALL FILL MATERIAL FOR 5ACKFILLIN6 TRENCHES OR EXCAVATIONS SHALL BE 2-1. PLANTING AND IRRIGATION WORK SHALL BE THE RESPONSIBILITY OF ONE $ FREE-DRAINING,GRANULAR MATERIAL APPROVED BY THE OWNER'S REPRESENTATIVE. CONTRACTOR. 333 THE GRANULAR MATERIAL SHALL BE LEFT A MINIMUM OF 12"BELOW FINISH 6RADE. 30. TOPSOIL FROM ALL CONSTRUCTION AREAS 19 TO BE STRIPPED,STOCKPILED AND Pr 1 14.PLANTING MIX TO BE TWO(2)PARTS TOPSOIL,ONE(I)PART COMPOST. REPLACED AT A MINIMUM DEPTH OF 12"IN ALL AREAS TO BE DISTURBED BY - 15.CONTRACTOR 16 RESPONSIBLE FOR OBTAINING CITY OF BOZEMAN TREE PERMIT. CONSTRUCTION. 16. THE CONTRA/-TOR SHALL COORDINATE WITH OTHER CONTRACTORS,AS NECESSARY, 51. WETLAND SEEDINO AND PLANTING WILL BE COMPLETED BY OTHERS. j RE6ARDIN6 LOCATION AND TIMIN6 OF INSTALLATION OF PLANT MATERIALS. O LIGHT BROOM FINISH •PLANT ALL TREES TO HAVE THE SAME RELATIONSHIP TO FINISH GRADE A5 SO'BITLMINOU5,RECESS AND \�41 RETE SLAG W/LI6HT EXPANSION JOINT, OR161NALLY GROWN IN THE NURSERY. M FINISH,SLOPE AT CAULK. SEE PLAN FOR J FINISH GRADE,LANK R FOOT AWAY FROM LOCATIONS,30'O.G.MAX. AREA o�J PRUNE AS SPECIFIED TO RETAIN / CONTROL JOINT,3/b"DEPTH, (n z _ ADIUS TOOLED JOINT5,EXACTLY U NATURAL FORM PRUNE TO RETAIN NATURAL - DEPTH MIN.1%SLOPE AS 5HOWN ON PLANS O _ TO DRAIN PLANT FORM. ry VARIES Lj'P"LA REBAR,C.ONTIN0005 5TAKIN6 15 MANDATORY. SUBMIT A 2"DEPTH OF BARK MULCT. -I I I SHOP DRAWIN6 FOR APPROVAL BY THE PULL MUULCH 2"AWAY FROMOWNER'S REPRESENTATIVE TRUNK. III- III-III-III- III- SURFACIINN6D a O=1 I I - I- =1Il =III=, =III I1=III-III1--Ir�3"CHIPPED WOOD;LOCAL OR61N OF PLANTING MIX,AS SPECIFIED. I = -PLANTING DEPTH TO MATCH 8"STAPLES TO ANCHOR WEEDFINISH GRIPS,HEALTHY TREES ONLY,3'-O'VIA.IN LAWN AREAS,TYPICAL FIN.GRADE FINISH GRADE. I -GRADE BARRIER AT 5'O.G.I 12"O.G.AT 5/4"MINUS&RAVEL BASE,TOPSOIL - SEAMS AS REQUIRED COMPACTED SUB6RADE 1P. W PROVIDE b MIN.CLEARANCE BETWEEN 45%PROCTOR DENSITY FIBERMESH N( MULCH,TYPE AND DEPTH A5BALL AND PIT WALLS;ALL PIT WALLS SLOPE 5U86RADE TO DRAIN REINFORCED CONCRETEO SHALL BE FRACTURED AND UNGLAZED ; {js;i b"MIN.CLEARANCE SPECIFIED \MI S CRUSHED F;� BARRIER FABRIC,AS REMOVE CONTAINER BEFORE SPECIFIEDREMOVE BURLAP FROM TOP THIRDOF PLANTING. TAKE CARE TO MPACTED OT U �I ROOTBALL;CUT WIRE BASKET IN FOUR - -. -- - NOT DISTURB ROC75ALL. METAL ED61N6,AS SPECIFIED. SUBGRADE I.PROVIDE URETHANE CAULK OVER ALL RECESSED EXPANSION W \/ I- PLACES AND FOLD DOWN 6" _ _ --III INSTALL ACCORDING TO JOINTS,TYPICAL,'SIKA FLEX SELF-LEVELING A-I'ALUMINUM 0 /1 II III-III III-III- BOTTOM AND SIDESFRACTURED OF PIT _ MANUFACTURER'S SPECIFICATIONS `' COLOR,OR EQUAL. � H'•I I I I=1 III- I - pLANTING 501E MIX. --III- 1-III-III ANDLUN6LAZED.FRACTURED I I. PROVIDE EXPANSION JOINTS AT I6'O.G.AND CONTROL 2,4"THICKNESS TYPICAL;PROVIDE 6'THICK SLAB IN a - I I-I I=I I I-I I E- III III-III- __I JOINTS AT 4'O.G. ALL VEHICLE LOADING AREAS,AS NOTED ON PLANS. 2. SET SURFACE OF E06E FLUSH WITH ADJACENT FINISH GRADES. 2 EVERGREEN TREE 5 SHRUB 4 EDGING 4 WEED BARRIER FABRIC 5 PL>4YGR0UNn EDGING GONGRETE 5I DEWALK NO SCALE NO SCALE NO SCALE NO SCALE NO SCALE -50.00'- W O _a ASPHALT PAVING;2"SECTION M.P.W.S.S. OO FINISH GRADE,LAWN r�^ ��..I STD.SPEGIFI0ATION5 5-3 GRADE, TOP501L FINISH 4L'1\' U ETA SLOPE SURFACE 2%MIN.TO DRAIN, - GRADE TO SLOPE OO SURE-LOG STEEL ED61N6-1/4"THICK X WI DTH SEE LAYOUT PLANS AWAY FROM TRAIL b'-0' o 5"WIDE.INSTALL ACGORDIN&TO 11--H O MANUFACTURER'&SPECIFICATIONS. WATER AND ROLL2%CROSS ^ SLOPE MIN. OR GROWN SURFACE SEAL �R6, ASPHALT SURFACE COURSE F--H SURFACE TO SMOOTH ~J I2:1 FOR b'-O" 5/4"MINUS 6RAVEL BASE, 'oo, I - COMPACTED TO 65%DENSITY -III-III-III-III-I I- El I_I " W _ _ III-III i"i - ��o p o 4'SECTION CRUSHED GRAVEL po o"o e III-1 1= BASE,5/4"MINUS;ROADMIX 4'DEPTH 5/d'MI R\ LOCALLY AVAILABLE \-UNDISTURBED 5UBGRADE- 12.00' y NON SPEC.ROAD MIX FILLS COMPACTED TO q5% TO q5%PR C BE COMPACTED D PROCTOR DENSITY NOTE:ALL STRIPING TO BE A MINIMUM OF 2"WIDE WITH - COMPACTED SUBGRADE TO q5%PROCTOR DENSITY; SLOPE TO DRAIN MINIMUM 296 COLORS AS FOLLOWS;L MARKS d SHEET NEUTRAL-ZONE MARKS SHALLHALL CONTRAST WITH LANE , BOUNDARY LINES;5-FT.LINE SHALL MATCH COLOR OF FREE-THROW LANE LINE d SEMI-GIRDLE ? ASPHALT TRAIL 8 GRAVEL TRAIL - 50ZEMAN 57=D BASKE75ALL COURT LAYOUT 10 BASKE75)4LL COURT SECTION T NO SCALE NO SCALE SCALE: 1 30' NO SCALE L