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Home My WebLink About638300222686225155) Z-07091 Baxter Meadows Ph. 6 PUD Final Plan NE of Ferguson Ave]Galloway St. Baxter Meadows Development April 20, 2007 0 I i i R �1. n,:r u iit?fr•_ iyi'.+.Tt O Note 1: RSL LOT BREAKDOWN: RSL DATA SUMMARY: A Conditional Use Permit must be granted to develop USED TO MEET To COUNT ground floor residential in Block i4. PIIEM TOWARD Area Required as RSL s (7.5% of 186,564 SF): 13,992 SF BARTER MEADOWS #OF LOTS LOT/BLOCK# AREA REQUIREMENT REMENT FUTURE PHASES , 1 OT2/BOCK16 268 8 26BB Total Area Provided as RSL s in Phase 6: 48,773 SF 2 LOT 3/BOCK16 2688 2688 3 OTq/BOCK 16 2661 2661 Lot Area used to meet Phase 6 requirement: 14,008 SF PHASE 6 4 LOT6/BOCK16 291. 2911 5 OT7/BIACKI6 2944 2944 Additional area to be counted toward future phases: 34,765 SF 6 LOT 8/BOCK 16 2944 2944 7 LOT BLOCK 16 2944 2944 8 LOT u%B OCK 16 3072 3072 9 LOT 12/BLOCK 16 3o6o 3o6o FINAL P.U.D. PLAN 10 LOT 14/BLOCK 16 2731 2731 11 TAT t5/BOCK 16 2772 2772 I E FD vPc a6o1 Ls 12 OT16/BLOCK16 2772 2772 C'p,Fa� O ment [1 I 13 LOT 20/BOCK 16 316z 3162 I I F ''::{ J� i�q did S!tl L �eT a'`. >� p FINAL 14 OT 21/BLOCK 16 2856 2856 I La I7 e• fin. 15 LOT 22/BLOCK 16 2856 2856 yyh ryg a}`r [}(�R?, R_g�� > I 16 LOT 2q/BLOCK I6 2856 2856 I I �I these plans ��"° �� +Vall"°""7 �'-" 17 LOT 25/BOCK16 2856 2856 I I ft{ 1 pp J?E'.�f=D&APPROVED I as> 1a,DD6 3a,76s I .L}lC.l$prior WfIt�E?Cl approval RE m I I I N894,s]E c_ I ryr1F1 Office p DEP O PLANNIN A FO-C[13601 I51 2A the Planning Office f./' I REMAINDER 2202A FD 2•ACAR[12251 sl AN 4P•°'U vITY UE ELU T A9 RM N89'41.57'E, Legend: C.O.S.ND 1000'FROM CORNER I j IRECTCR ❑90.00' •� TRACT 2A PUBLIC SEWER-�I 30A0' L� �ry1 O OPEN SPACE DATE REMAINDER OF EASEMENT I I �' o Ej DEDICATED PARK PUBLIC STREET&UTILITY COS N0, 2202A DOC. 2103145 LLI I / I�EASEMENT DOC.#2103143 tasl•56.02•EI N89'41'57"E 278.47' / ❑ HIGH DENSITY SINGLE-FAMILY LOTS (EXHIB.G&B) - -- 66.61' -.. - , h DETACHED N89.41'57"E -26424... -.. 1: 14.24' _ 90.of' PUBLIC WATERLINE&STORM DRAINAGE 532.19' S PUBLIC PARK E 1 R _4 I / r,, �• MEDIUM DENSITY MULTI-FAMILY LOTS POINT OF BEGINNING EASEMENT DOC.J2210035(EXHIB.B)IS NOT I e ...N8741'57•E -.I SHOWN WITHIN KIMBERWICKE STREET NE CDR.PINSE z0 , INTERIOR RIGHT-OF-WAY NW41'57"E J r-- ------ ----_..zea4z------ - --- :. -$-- / EXISTING WETLANDS $ -------- KIMBERWICKE STREET ------- $ i I STREET UGNONc 25'TRAIL I I PHASE 6 BOUNDARY I EtECTRIGI EASEMENT MAINTENANCE ' _ _-_-_-_ _-___ I EASEMENT r - RSL RESTRICTED SIZE LOT 99.73' I 1D5.00' 248.1' I I a M 90.00' _.__.� 20.D' _.__._-.--.__.__.__.__.__.__.__. 60 10't__bZ.l4'__.__. _.__A2 _.____._5200.'__._ .__._12.W--_._ .-------_.35.W=.__.__., I._.__.__.__._-.__.__._ _---------1 I____ I r------t1E A TAnMERr- s ---- --- --- ----- 10' UTILITY F/SEMEM 1 I 10• ,m„TI. i � I NWE GA6 EASEMEM 5' I • T g 1 ( 11 15. 2 5' 3 a I 5 66I00' EA53EMENT®TAL BAXTER MEADOWS �" EASEMENT t PHASE 6 ACREAGE. 11.28 AC h 510,SF I 3355 SF I I I 3017 SF $2668 SF 26BB SF + 2881 SF i 5712 SF I I I ,°. Y lo• 3 i / e RSL RSL n RSL I I i , I I r--- a I I I 1&00 / 4D I I I N89.24 91w I p (DEVELOPABLE PROPERTY) N ' _-J00JL- "tom ' J" __--_ i 4 6 I /3' .,�19.56' I I I 48.73' I ��IL O y - ---s tD' '� 1 I I _k7.1i- L_42D0-tDl Q'_42D0_- I CS .'t/p�'� SEWER FASEA(EIiIT UIINiI'F75EMENT.TYP. a 2 I I (., 12 I o0 14s.t4' Nr9694P5TE, j I (SEE NOTE 1 ABOVE) - 0 4800 SF I 5011 SF I N89'41'S7•E-_ --'Lq'1'i_I i I I 5 11a 2 F I I I - -- 149.11V C s xry N 1' am FASEMW�5 I I 420� 62.Od_ 1 ___53JX1_-- 1 > 21.15 I I I 63069 SF , m °j� I r 29,B�F I I LAND USE ACREAGE BR,a DOWN 3'NOTCHED AREA 13' ..I 5 SEE NOTE 03 -I STORMOLRAINAGEEREASEMENNT I - y L----100.65------ J --_____---- I I I / LEE NOTE 03 8 d RSL i 1 ry � « ry 20 1 I ml DOC.R221OD35(EXHIB. D) i / SEE NOTE 1 ¢ k I F I 18y, m 7 3,62 SF - 1 / 1 SINGLE-FAMILY RESIDENTIAL: 4.28 AC RSL ':>'li //i �I I a Y SF N 4se SF I �! 2656 SF 19 c� u• I rm s3 u E_�.� I I I s / MULTI-FAMILY RESIDENTIAL: 2.19 AC I I Ys. ze56 SF / I g I I unu,Y EASEMEN I mR n l I --- D' ---BI9i,37L-- I ---I --- a ss� 7 I - I�; i / hm SUBTOTAL: 6.4'7AC �894Ts7E---" " I J 2944 SF g g ❑ I h� BUILDABLE NET ACREAGE 4 r----}ms9'-- -1� ,o" - ---- - -T i I 42'C0• 4Y08•- zra za alsF ¢ RSL I I I / R ( ) C) I 4 , 14 I I N691 96.1{' I UTIUry F E.ENT��5' N I 10 ^�-I I /, / ' h INTERIOR RO.W.: 2.85 AC a I .eoo SF I ❑m I ( / . DEDICATED PARK: o.96 AC os9a SF I I 03 B N" OPEN SPACE PUBLIC ACCESS a.00 AC 22 � xass SF 2944 SF z I OG o' r^i RSL RSL I ; W I w l// oa• � ,� TOTAL: 11.28AC 1.00'NO ACCESS STRIP � z h 15 I � _N "] A10Nc FERp1saN AVE ?p 5 I p I g /'° ' _}Mays3'sz•L.6u0q'I g I /,� ' ' / .3 @�,� i 480D SF C> 4932 SF Iati57�36.00-5y 0• IIO' I 1 I 20 0 8 I I i m PUBLIC $' I 23 [' {33 9 I R S ---ZtBg4T37'E ------N6svt��s7'R-- - I o PARK C z,460 sF :I 2356 sF Fq zRSL 102.46' --- ' ... ,b 5'I NWE CAS FlSENENr C7 ` J L---____ -- s PUBLIC PARK A 3079 8E I PUBLIC PARK B 3150 SF N s T89 57 r- 1 m „a9 a1 s f- I ,18�4157 r---- SINGLE-FAMILY RESIDENTIAL: R i Fb� o STREET ucm uc. ,, .� �, // a • J j 1 `N ELECTRICAL LASE ENT 4 I 66.00' , '�I "� 64.00' j UTNIY FASEMENi 158.35' 7 z Neg41 sTE S 0 " N9s4t s7 E --- j _ gl a $ PUHLIC 19zD sF o ./ // z HIGH DENSITY DETACHED LOTS ACREAGE: 4.28 AC .I 8 I C PARK F aa,z sF '� ,' �. o w „y ---=SNs 1-----_-- m I w Ri - R PARK n I - - - -- ^ s #OF LOTS: 48 " 10.500 __ _ I o _ _PUBLI > I I I° �+ " _ 2 / APPROXIMATE D / C ¢ I i �' I z Ner4157'E m' i N8s41's7'E -F. i N89'41'57'E 1 N89.41'57'E - // 0 . e i 16 I w - -eaou �r� L` ` f '' y U A 11 2 DU/AC o ,eDS SF I tih 4895 SF i " I 'a i s 24L I 1, i--- i ' I I ULTI FAMILY RESIDE WORK __ .� L__ I i ' W r, I 2858 SIF 10 I I I h 4 " - / • ____ _ ____ I ;` • M RESIDENTIAL LIVE- _ I -�� 0 _' 2 MEDIUM DENSITY LOTS ACREAGE: 2.19 AC D i I 3072 SF , I II IU I1 i / y 1 N ' -__1II132----- -_J0511�__-_ I I L N89'41'S]•E ��77ii„» I i II LU r- I - l I -sa00`-- I Lo• Ne9•al'S7•E_I , I W I i = -r- I EXISTING WETLAND OMO LL ( I 1 Y - I _6�- ' I I 1 I : LOCATION FROM OTHERS ESTIMATED#OF UNITS: 26 •r 17 J : " 38' / / I I I T o r `r 49M SF ,a 5030 SF I I I RSL ITd' ,°• " ESTIMATED DU/AC: i2 DU/AC I I I MT41'57•E 96.14' 25 42m_._ _.ez00_. 21a Y 2as6 sF I 11 I li a I I o� D 3 I- N89'47'S]2 30]2 SF I ' i I 4 y [----ate----1 "----las0a-- I I th -88:a0'-- I RSL 1 I N89'41'57•E I I 1n •sl p° � ; a �� I II I I DEDICATED PARK: L.o6AC' 8 '--_----'_-�_N'68f9t40074A4TT.g39',559177'''E_E------__---_m-s)I s IIII L�I-�oF„"-------�RJ16B9sO'•44c7r m.5s�77•''Ee_---_--_-__-_III iIiI�iII; II _o�oI�IIII 28 _i°�\I$/�,yg„ BS00'' •IIII PIIII III 27 (SEE NOTE 1 ABOVE)8 8sF 4a1 28 t �I 1I�ij 1rM 1Iy I i I I I AU - , • -F: CE� PA06 PUBLIC PARKS A 0.955 o AC 344800 sF SF 12 [PUs SF 31 NATCND AREANANDHED AREA 5' 50 SF P B4C0 SF CREDITED WITHIN OPEN SPACE[PUBLIC ACCESS]PARCEL: o.1o5AC SEE NOTE I3 SEE NOTE§3 RSL CENTERLINE OF SPRING DITCHS ---- . -- 1].]939'E 149.11• zs' NE MAINTENANCE OPEN SPACE[PUBLIC ACCESS]:SF 149.14 oo- &144814 SIF 1 __4W 'Z2W'-, II li-m , I TI 441 SEWER AS S2522'23E I ENT 7 16 S 15 aI e1.31• E s9e7 SF31mz 2772 Sr 27n si m C 14 I I I TOTAL DWELLING UNITS: 74 s 10 20 I I " I Is RSL RSL or- 2731 Sr I i I Un EA EMEN I NOTE. BUILDABLE NET ACREAGE: 6. AC n I 5365 SrIn 5355 SF - I M I I I SI 'I 5I RSL _"� I I I j Iy� 4.12'I APPROXIMATE D C. U C I NNE GAS S MFM 5' 10' UNIIT(FA1 Elf I mE G S ESEMENT+15' I L__L_ L1.44 D V/Al 90.00• la[--.LIImLgENENL---- I------------t' ----I L---- L---- I-------- -------4T12-- ---------- - U/A -------- -- ------ --- -- J - ----r.__.__.__.__.rus.4��'__.__._r y 20 ios.00 6o Z7.W�__._ .__. :�.__. _.__. ,_.__. Ham_.___-__._ 7��.__.__._ s6 -T4S11'-_ 145.00' DWELLING UNIT PER ACRE(DU/AC)CALCULATIONS za.a' S89 55'18"W EXCLUDE ROAD RIGHT S-OF-WAYAND PARKS/OPEN SPACES. NNE M EASEMENT PUBLIC WATERLINE 2 STORM DRAINAGE SEE NOTE p2 SB9•a1'S7"W IS NOT SHOWN WR2N MILKHOUSE C) 749.83' �• LINFA PARK PUBLIC WATERLINE&STORM DRAINAGE R $ GALLOWAY STREET AVENUE 2c& $ &PUSUEASEMENT O C.SEWERtDEASEMENT(DOC. SUBDIVISION,PHASE z $ PLAT OF BARTER MEADOWS /(2103145 GALLATIN GREEN BOULEVARD FINAL P)ARE NOT SHOWN WITHIN IAT OF DOWS BAXTER MCA 1 PHASE 2A SUBDIVISION 0 20' 40 80 1 7 1 2 3 4 5 Scale In Feet North ME CITY OF BOZEMAN DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-562-2260 - •• 20 East Olive Street fax 406-582-2263 P.O. Box 1230 planning,abozeman.net j Bozeman, Montana 59771-1230 www.bozemon.net I DEVELOPMENT REVIEW APPLICATION 1. Name of Project/Development: Baxter Meadows Subdivision,P.U.D.,Phase 6 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: mark@pcdevelopment.com Mailing Address: 3985 Valley Commons Drive;Bozeman,MT 59718 Phone: (406) 586-9922 FAX: (406) 586-9921 4. Representative Information: Name: Same as Above E-mail Address: Mailing Address: Phone: FAX: A parcel of land being a portion of Tract 2A of C.O.S.number 2202A,located in the SE 1/4 of Section 34,TIS,R5E,P.M.M.,City of 5. Legal Description: Bozeman,Gallatin County,Montana. 6. Street Address: North and east of Ferguson Avenue and Galloway Street 7. Project Description: Subdivision within P.U.D. of 48 single family lots,and 2 multi family lots 8. Zoning Designation(s): R-3 R B-2 9, Current Land Use(s): Vacant(Zoned/Annexed) 10. Bozeman 2020 Community Plan Designation:Residential and Corn nunitn•Commercial Page 1 Appropriate Review.Fee Submitted 0 11. Gross Area: Acres: 11.28 Square Feet: 491,484 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 I 14. Will this application require a deviation(s)? Q 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 0 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 8'/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: 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) 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 be 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 Cl ❑ ❑ 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;re%rised 9/21/04) 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'/2-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 18.78.120.13.1c,BMC b. Locate and identify the ownership of existing wells or well sites within 400 ❑ ❑ El feet of the site 6. If the project involves or requires platting, a preliminary subdivision plat, subject to ❑ ❑ 11 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 18.78.050.L, 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 Citv 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),BA-IC 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 0 ❑ ❑ 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 0 ❑ ❑ C. Attorney's or owner's certification of ownership Q ❑ ❑ 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 0 ❑ ❑ on the site plan 3. A final landscape plan consistent with the conditions and restrictions of the 0 ❑ ❑ 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 0 ❑ ❑ 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 Q ❑ ❑ 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 0 ❑ ❑ 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 i TER MEADOWS S UBDI VISION MAY o 2 2Oil PLANNED UNIT DEVELOPMENT I _ „DEPARTMENT CF PLANWO AND COMN'-M-DEVELOMMr PHASE 6 ' { P. ►i I � o 'S®I, JAN OEPARTMEIW� M' r� t r FINAL P.U.D. SUBM-I� L No Mil ODD � � . L t of these flans and/or vatiora ,l , without rior written �' provar] - _ fl Prof � the P n _ office ; G� 116%d 1114 . October. 2006 � � 1 r . ^ 1 WC-1 MEW xter 0i Ba _ ,p r u I , Q> z1v m m -Zq.O �m 0 ILI J- go Tab # Condition # Document 4 1 1,4 Lot Configuration Plan/Building Requirements Table 2 2,3,5,11 Final Plat Drawings 3 6,10,15 Park Master Plan 4 7,8,14 Final P.U.D. Plan 5 7,8,14 Master Utility Plan 6 7,8,14 Existing Zoning Map 7 7,8,14 Phasing Map 8 7,8,14 Street Lighting Plan 9 9 Owner's Association Documents • • Inter-office Original' to: • City of Bozeman Planning Department 20 East Olive Street • CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED IN BAXTER MEADOWS PUD PHASE 6, BOZEMAN, MONTANA WHEREAS, the undersigned property owner acknowledges the receipt of a Conditional Use Permit from the City of Bozeman to allow a neo-traditional mixed-use Planned Unit Development; and WHEREAS, the subject property is legally described as a portion of Tract 2A in COS 2202A, located in the SE 1/ of Section 34, T1S, R5E, PMM, City of Bozeman, Gallatin County, Montana; and WHEREAS, the Conditional Use Permit is subject to the following 15 conditions and 5 code provisions: 1. The CAHAB advises the City Commission to allow the developer to provide only 7.5% of the net buildable area in RSL's subject to the following conditions: • RSLs for single household detached dwellings shall be smaller than 5,000 square feet, and shall not be larger than 3,384 square feet. • Affordable housing units may exceed the floor area ratio 1:3.3 and single-household detached houses shall not exceed a maximum square footage of 1,575 square feet of living space or 900 if they are attached. R: Please refer to the lot configuration plan and building requirements table in Tab 1. RSL designations are also shown on the Final Plat (Tab 2) and the Final P.U.D. Plan (Tab 4). Area required as RSL's (7.5% of 186,564 sf): 13,992 sf Total Area provided as RSL's in Phase 6: 48,773 sf Lot area used to meet Phase 6 Requirement: 14,008 sf Additional area to be counted toward future phases: 34,765 sf • Baxter Meadows Phase 6 Final PUD Plan#Z-06036 PAGE 1 OF 6 • 0 • 2. The east/west pedestrian rights-of-way in Blocks 15 and 16 shall be widened to 30 feet. R: The pedestrian rights-of-way have been widened to 30 feet and are shown as such on the Final Plat drawing(Tab 2). 3. Lots adjacent to the pedestrian rights-of-way in Blocks 15 and 16 shall have 5 foot side yard setbacks adjacent to the walkways. R: Setbacks of all lots adjacent to pedestrian rights-of-way in Blocks 15 and 16 have 5 foot side yard setbacks and are shown on the lot configuration plan and building requirements table provided in Tab 1. 4. The Final Site Plan shall include a table listing specific setbacks, maximum lot coverage, minimum lot area, and minimum lot width for each lot. R: Please refer to the lot configuration plan and building requirements table in Tab 1. RSL designations are also shown on the Final Plat (Tab 2) and the Final P.U.D. Plan (Tab 4). 5. Additional park land shall be provided in the amount calculated at 5,768 square feet (lot frontage (- 412 feet) x 14 feet (parking on both sides of road) _ - 5,768 square feet, if the frontage of the park changes, this number will be recalculated). It is preferable to see the • difference made up by expanding the East West PPW between Ferguson and Milkhouse to a 30' wide dedicated trail corridor. R: The lot frontage along the park is approximately 340 feet. Lot frontage (-340 feet) x 14 feet= -4,760 square feet. The east-west PPW between Ferguson and Milkhouse has been expanded to 30 feet and the appropriate deduction has been made from the parkland (See park/open space calculations in approved Park Master Plan Tab 3). 6. Additional park land, cash in lieu or additional on-site park improvements shall be provided to compensate for the cost of construction of the parking. R: Additional on-site park improvements have been provided that compensate for the cost of the parking lot. The improvements are shown in Tab P of the approved Park Master Plan (Tab 3). 7. The final PUD plan shall ensure that a majority of the Community Commercial designated area is developed in compliance with the dominant commercial uses described in the Bozeman 2020 Community Plan. Possible alternatives to comply with this condition include establishment of a required commercial land use FAR that is 2 or 3 times greater than the typical FAR of .25 or .3:1 (i.e. 1:1) on equal square footage east of Vacquero Parkway in exchange for the ability to develop Block 14 in ground floor residential uses, or amend the • Baxter Meadows Phase 6 Final PUD Plan#Z-06036 PAGE 2 OF 6 • • • Bozeman 2020 Community Plan with a corresponding zone map amendment. Commercial land uses means those uses indicated as "Principal Uses"within the B-2 zone. R: The Applicant agrees to ensure that a majority of the Community Commercial designated area is developed in compliance with the commercial uses described in the Bozeman 2020 Community Plan. To that end, Applicant agrees that Conditional Use Permits will be required for residential uses in Block 14, Phase 6 of Baxter Meadows. Other phases of Baxter Meadows within the Community Commercial designated area will be developed as required within the B-2 zone. 8. The final PUD plan shall depict the school, YMCA, bed and breakfast, community center (barn) and vet clinic as "residential neighborhood services". R: The properties listed are all outside of Phase 6, and therefore not shown on the final PUD plan. (See Tab 4 of Final Plan, and Tab 13 of Final Plat) 9. Fences located in the front, side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. R: This is included in the Addendum to the previously recorded Declarations and is included in Tab 9. 10. Due to the PUD design and relaxations, the applicant shall be required to fully develop the park. R: This is understood and will be fully complied with. Notes on the approved Park Master Plan (Tab 3) indicate that it will be fully developed. 11. The owner shall executed and submit the following documents prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. R: This is included in the front pocket of this application (the signed C.U.P.). Baxter Meadows Phase 6 Final PUD Plan#Z-06036 PAGE 3 OF 6 • • 12. 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: Condition is acknowledged and will be complied with. 13. 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: Condition is acknowledged and will be complied with. 14. The final site plan 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. R: Condition is acknowledged and will be complied with and is included in Tab 4. • 15. A 10-foot wide trail connector in a 30-foot wide greenway will be constructed in line with the north side of Kimberwicke Street from the Spring Ditch greenway trail to Gallatin Green. R: This will be constructed and is shown on the approved Park Master Plan and landscaping plans (Tab 3). a. Per Section 18.18.020, Ground floor residential units on Block 14 will be required to get a CUP approval prior to obtaining a building permit. R: Acknowledged and will be complied with. Please see Plan Condition #7 for specific CUP application conditions. b. Per Section 18.36.090.E, the applicant shall document the provision of twenty performance points. A table showing the computed PUD open space shall be included on the final plan. R: This is included in the Park Master Plan, Tab P of Tab 3 i c. Per Section 18.48.020, planned unit development landscaping plans shall meet or exceed the standards of these landscaping regulations. R: Condition is acknowledged and complied with. • Baxter Meadows Phase 6 Final PUD Plan#Z-06036 PAGE 4 OF 6 • 0 • d. The applicant must submit seven (7) copies a Final PUD Plan within one (1) year of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. R: Condition is acknowledged. e. 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: Condition is acknowledged. WHEREAS, 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. WHEREAS, all of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. WHEREAS, all of the conditions specifically stated under any conditional use listed in • this title shall apply and be adhered to by the owner of the land, successor or assigns. WHEREAS, all of the special conditions attached to this Conditional Use Permit shall be consented to in writing by the applicant prior to commencement of the use. • Baxter Meadows Phase 6 Final PUD Plan#Z-06036 PAGE 5 OF 6 0 0 NOW, THEREFORE, BE IT HEREBY KNOWN, that the above-noted 15 conditions • and 5 code provisions of Conditional Use Permit approval shall be binding upon me, the undersigned owner of the subject property, my successors or assigns, as long as the subject property is being used as a neo-traditional mixed-use Planned Unit Development. DATED THIS DAY OF , 2006. PROPERTY OWNER By: Jerry Williams, Owner Baxter Meadows Development, L.P. STATE OF ) :ss County of ) On this day of , 2006, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Jerry Williams, known to me to be the Owner, 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 for State of Montana Residing at: Commission Expires: • Baxter Meadows Phase 6 Final PUD Plan#Z-06036 PAGE 6 OF 6 ' � , y t � . s '� I! • Baxter Meadows Phase 6 - Final Site Plan Lot Configurations, considering Relaxations granted with Plat Relaxations: 1. Maximum Lot Coverage for Bungalow Lots (B16)= 52%; and for Village Lots (B15)= 55% 2. RSL's are allowed to exceed the floor area ratio 1:3.3, to a maximum of 1575 sf 3. Minimum Lot Area for Bungalow Lots(B16) =2432 sf; and for Village Lots (B15) =4800 sf 4. Minimum Lot Width for Single-Family homes =40' 5. Min. Front Yard Setbacks = 10'; Min. Rear Yard Setbacks =5'or 2'(see table) 6. Yards adjacent to pedestrian walks are treated as sideyards (see table) 7. Rear Yard Utility Easements =5'or 0'when adjacent to an alley 8. Mail can be delivered outside of Phase 6, but within the Baxter Meadows P.U.D. 9. Min. 7.5% of buildable net acreage(R-3)dedicated to RSL's; RSL's to be< 3385 sf 10. Park may have less than 50% street frontage. II Front Yard I Rear Yard I Side Yard I Max Lot I Min. Lot I Min. Lot I Lot& Block: Setback: Setback: Setback: Coverage: Area: Width: Block 14: no relaxations following setbacks apply to"buildings"only Lot 5: 7 10 5 100% of B.E. - - Lot 6: 7 10 5 100% of B.E. - - Block 15-Village Lots Lot 1: 10 5 10-N; 5-S 55% 4800 40 • Lot 2: 10 5 5 55% 4800 40 Lot 3: 10 5 5 55% 4800 40 Lot 4: 10 5 5 55% 4800 40 Lot 5: 10 5 5 55% 4800 40 Lot 6: 10 5 5 55% 4800 40 Lot 7: 10 5 5 55% 4800 40 Lot 8: 10 5 5 55% 4800 40 Lot 9: 10 5 5 55% 4800 40 Lot 10: 10 5 10-S; 5-N 55% 4800 40 Lot 11: 10 2 10-N; 5-S 55% 4800 40 Lot 12: 10 2 5 55% 4800 40 Lot 13: 10 2 5 55% 4800 40 Lot14: 10 2 5 55% 4800 40 Lot15: 10 2 5 55% 4800 40 Lot 16: 10 2 5 55% 4800 40 Lot 17: 10 2 5 55% 4800 40 Lot18: 10 2 5 55% 4800 40 Lot 19: 10 2 5 55% 4800 40 Lot 20: 10 2 10-S; 5-N 55% 4800 40 • • Baxter Meadows Phase 6 - Final Site Plan - Lot Table - Continued Front Yard I Rear Yard I Side Yard I Max Lot I Min. Lot I Min. Lot I Max. Lot I Max. House Lot & Block: Setback: Setback: Setback: Coverage: Area: Width: Area: Sq. Footage: Block 16-Bungalow Lots Lot 1: 10 2 10-W; 5-E 52% 2432 40 Lot 2*: 10 2 5 52% 2432 40 3384 1575 Lot 3*: 10 2 5 52% 2432 40 3384 1575 Lot 4*: 10 2 5 52% 2432 40 3384 1575 easement Lot 51: 10 line 10-N; 5-S 52% 2432 40 Lot 6*: 10 2 5 52% 2432 40 3384 1575 Lot 7*: 10 2 5 52% 2432 40 3384 1575 Lot 8*: 10 2 5 52% 2432 40 3384 1575 Lot 9*: 10 2 5 52% 2432 40 3384 1575 Lot 10: 10 2 5 52% 2432 40 Lot 11*: 10 2 5 52% 2432 40 3384 1575 Lot 12*: 10 2 5 52% 2432 40 3384 1575 easement Lot 132: 10 line 10-S; 5-N 52% 2432 40 Lot 14*: 10 2 5 52% 2432 40 3384 1575 Lot 15*: 10 2 5 52% 2432 40 3384 1575 Lot16*: 10 2 5 52% 2432 40 3384 1575 Lot 17: 10 2 10-W; 5-E 52% 2432 40 • Lot18: 10 5 5 52% 2432 40 Lot 19: 10 5 5 52% 2432 40 Lot 20*: 10 5 5 52% 2432 40 3384 1575 Lot 21*: 10 5 5 52% 2432 40 3384 1575 Lot 22*: 10 5 5 52% 2432 40 3384 1575 Lot 23: 10 5 5 52% 2432 40 Lot 24*: 10 5 5 52% 2432 40 3384 1575 Lot 25*: 10 5 5 52% 2432 40 3384 1575 Lot 26: 10 5 5 52% 2432 40 Lot 27: 10 5 5 52% 2432 40 Lot 28: 10 5 5 52% 2432 40 *-RSL's-see relaxations 2. and 9. on previous page - See Attached Individual Site Plan(Lot 5, Block 10) 2 - See Attached Individual Site Plan(Lot 13, Block 10) • LOT G*FIGURATION PLAN OF BAXTER MEADOWS SUBDIVISION, P&E 6 (SEE ATTACHED TABLE FOR SPECIFIC SETBACKS AND LOT REQUIREMENTS) MAXIMUM LOT COVERAGE: A PARCEL OF LAND BEING A PORTION OF TRACT 2A OF CERTIFICATE OF SURVEY NO. 2202A, Bungalow (B16, Lots 1—2 8): 5 2% LOCATED IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M.. — Village (B15, Lots 1-20): 55% CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA TOTAL AREA 11.28 ACRES — B 14, Lot 5, 6: 100% of Bldg. Env. RSL DATA: Area Required as RSL's (7.5% of 186,564 SF): 13,992 SF I , Total Area Provided as RSL's in Phase 6: 48,773 SF Lot I requirement: 14,008 SF rea used to meet Phase 6 re � q t ro r°f li3mi u1 i OTRACT 2P T1M•e l�22W,5I Additional area to be counted toward future phases: 34,765 SF REMA I REWINDER.ND. 99nnf9.I'W)t. I I •o.m•r�o.rD.n[r jl I OCT,nF TRACTo5r 2A PUBLIC SEWER I m lI I PUBLIC STREET a UTILITY REAW",,0.2202A DOC./2103145 �I 4 EASEMENT DOC./2103143 C.O.S. 1 y6'02�E( I (MIS.G a B) N8741'571E 278.47' _ . O, SIDEWALK NOTE sear N69'41'S7T 532.19' y 56.81' zG u .:a' J"� 24• / ,• I PUBLIC PARK E 3 R T ;• a EASEMENT HOC /2 CITY STANDARD RESIDENTAL SIDEWALKS SHALL BE CONSTRUCTED ON POINT OF BEGINNING PUBLIC WATERLINE a STORM DRAINAGE I R_...___...._............._._._.1....._.._....._.._...._.._..__?OTJ.3E...._....__..-.._______--_--_.._... 4 R I f ;' ALL PUBLIC STREET FRONTAGES OF A PROPERTY PRIOR TO E C ERWICKE STREET(IXNIB.B)IS NOT N98'41'S7E ) y OCCUPANCY OF ANY STRUCTURE ON THE PROPERTY. UPON THE HE mR.%USE SHOWN WITHIN.KIMBERWIC 2D ,gp,4y—_--_—.—_—_—,_,—.—,—,-- THIRD ANNIVERSARY OF THE PLATOWNER RECORDATION OF ANY PHASE OF ____-_-__ ___________ _ Na9'41'S]� ___ ___ _ $__ f-- — ---i3 SEIH�O( , I / EXISTING WEMNDS THE SUBDMSION,ANY LOT OWNER LIMO HAS NOT CONSTRUCTED SAID $ $ KIMBERWICKE STREET-Blvd.=14'-6•(Back of Curb to Property Line) S i I nc [ n, zs'TRAIL I SIDEWALK SHALL,WITHOUT FURTHER NOTICE.CONSTRUCT WITHIN 30 I MaN,ENARCE DAYS,SAID SIDEWALK FOR THEIR LOT(5).REGARDLESS OF WHETHER CEMENT ;, ' + OTHER IMPROVEMENTS HAVE BEEN MADE UPON THE LOT. 99.73' ( 105.00' 248.14 I ... ... ... ... ....... 20.b0' - _ Goo' Io rr2u--.-- -._-and- -_._�2m'_ .__._azna.--.- .--.-_._-.1sm•-'--.--• I P I HIGH GROUNDWATER NOTE- '--•--'--'--'--'---- ----- ---' ____ IJ�-IRUiY UHUCM I I e ur-U)[ IJ T I I TNM GS[a9[°fM-j;y I a j , •^ 1 ' j Is I FNOy N ry�h' $^�II.—_._.—._._-T.J,as4oaaa1ms 3+A 1T_arm.—U--A—U—EM---�—FjS'' (II IIIIj' _N.—l9—v USEuwL1Ml11.R5<P. —-_.—JIIIII !!I� I(r_ 8'$•a'_I ¢D1�-_ II.-u� ' � __.._ _ _�,.��.\a�C.i°Y 3 i'B a�•.1l1i✓19.`/s;e_._g.1•9 JII�'! �I IjIjIj, I,III . ar.e.4n•o',_wI_ �Xg♦ .,2 5 DITCH SUBDIVISION.FULL OR PARTIAL BASEMENTS ARE N OT RECOMMEND ED 12 10' DUE TO A RELATIVELY HIGH GROUND WATER TABLE WITHIN THIS 2 5 501 ST r eS 57,2 S �HHT WITHOUT CONSULTING A PROFESSIONAL ENGINEER.wli i$ ararar � RSL t0. ,— _ Nz— SEWERE 1.7 Es I. 2 12 119.14 4 —N89'41'57E—____ 149.14' 5 „• - . 3a 930s9 s< I , h ) W /3 )CNED µ'El y,' SEE WM I' PUBLIC WATERLINE AND L---._.J008W'_-._.__ J I i z .[CL rwsr 93-'4[' I �I RSL I i STORMDRAINAGE EASEMENT I '1 Q [-_-_--_-- . _._.i I .0 $I. s�OsF ,� ,-,i I DOC.02210035(EXHIB.H) SEE NOTE/t $ I 3 0 (: 13 ti I BI S 18 RSL 49e4 SF �I 2esa SF 1B AI Im 'i.—.„ / • -- ¢ 1 I , W° RSL / 7 ¢5 2 a 1 RSL O III �II I /// :'A�"�•0; D 40' 80' 120 7-p 4 14 I 1 I Il 4Boo s I C s9w r I I e ALUNf$G TRf2150N rI I(1o2 ` JJ��(a-*�O•,f•i•B.,A_V. S C A L E O BEARING BASIS:PLAT OF BAXTE R ME ADOWS 2 RRM-57T � 22 8 SUBDIVISION PHASE 2C 20 R %.0- $� SL o L ' 4�10 ,armP AYE r `d- c a 1 aeoo s 402ts1 zo y...rm9•wLIs2�.af.oq'I ' $ j /t'7,:/ / / :'0 o .1 I N894T374----' .—.Y1e941'S)f'-- 4W PUBLIC a4s9 v zeal ss / j ' cr m I ,os. ' D{ PARK C I zese sr RSL I I' EUCA9TKITia CASLLN' I / / w ID249• i s�- me—E ,.- '8 I g I - I I i u eu9m+c,EIBACX / / w N q B' PUBLIC PARK A wn sr PUBLIC PARK B 3,w si I u -Ne9 rT57�- �e»r57r_ . A ,� c R S,xn[K,MWG +R)$,. ' > e ' Ef[crwc.[111- W.m' I —0* i _ ,s&35' A ' // ¢= DESCRIPTION PUBL[C 'm SQL II Nesn'sTE g I . • --�0v9-._-_._- r_i__—_._.l.a°._.—._._._ 8 _ R! P 6S I PUBLIC PARK F 4nzSF I............................... R ARK D O 5i n L I i K J / N i ID YPC[12251 S].EXCEPT AS NOTED m B I x894t'AE S NB911's7E , ( N5441's7'E I> ID Y AG1P[122a9 LS EXCEPT AS NOTED O j t6 I d w -- [._---------------- seed_.=:� ---.fti0d-- J r------- _ w 1 I I > I ( RSL I I; I eu9nNc sLTB¢K / � aa0s SF I I y 4g95 ff 6 > I I y a / [2251 S)TO BE SET Q / �.l 1 P 5 8 RE)AND YPC 1 . LETQ h I'- ._-�.'89(T37YJ L_-_`�~ N694T'S7'E-.__._I i I w M.M. 2a56S "I, w1 Sr I m I I.�r I / yh ¢�, p. 1/2•RB AND RP C(12251 S)TO BE I ) / SET AT POINTS OF TANGENCY a CURVATURE ryRa' SURVEY BOUNDARY LINE_ - GBa- N011'] W I IZ W I I: EXISTING WETLAND 7 17 Ir LOCATION ROM OTHERS ------ EXISTING EASEMENTO iTD 49V S N89'41'57E y¢ ED TRAIL EASEMENT W I I- DITCH EASEMENT_-N9a7t- -cj -EN9119 1 RSL 1' I J I I I __._ .__.__._ GAS EASEMENT [ I I I I I ,_I ,�$ S' j_-Me9'4,•57t_ I! I0 I I vs UnuTY EASEMENT P ' 16 I I �,�, 28 1% 27 y{N k� I 26 k I 5i:,�L _ I I n ___________ EXCEPT AS NOTED . m amo s M Le 4a4,sr 3 zrna s• znsa sF 1 m� @fit 0; •rc �.-.I! � PEN SPACE I I t / 3105 5T ' p $ 6 """'-- STREET UGHTING ELECTRICAL EASEMENT __ O i •, _s'WICMiD A9u 1 12 I I I 32135 s [P BUC'ACCESS]: 8i . _.-W.T5TEI�! wmi id IM i0�F ate'^•a PATIO EASEMENT _.___.-- JOSW- ___ Jl 's''� 1 J_i_ -- DITCH --_ ) I I._._._._._. I i r7,yg•-y' - --'�/Lyn,g' SOTm']9'E CENTERLINE OF SPRING DITCH 149.14'- 1). 1 PUBUC PEDESTRIAN WALKWAY '�1-p -- m7t; j zs'TRALL P.P.W. 5T -� —�! 19 ( --S----589'41'S7YI--—-—-—- \_._ -.,m• i I MANTENMrCE 1 RSL RESTRICTED SIZE LOT 4814 Si 1 I I• �S0 y I i 119.1i 8 I, I EASEMENT li. I I "T 'i7W-1-�-2m^' �'1611 ro0 5' p PER LIDO 18./2.I B0 I / �f J 1� i O . �T�-. ) I I•'I b iI -` _101.9L'__-._^-•siI I( )Ib i°J.-_-_-JOsad.._-._.-1I I! I 1I F I t IR .f 1 AC ALUMINU M CAP sszzvT SEWER EASENT YPC YELLOW c APi1s 5 31 71i 13 RPc RED PLASTIC CAP 'S 2772 7 RB REBAR17 ' se) F » e 14 20 RSLm21D RSL UppIC L[AWEUUIf I RM REFERENCE MONUMENT RSL E FD FOUND N.E Gs USfA,EM s io'(- u,aeY u1E E p I , MT Gs us[vEM-F15 I 1.12'I 90.m' 19 =.1BL4Y.LSl.CIL.-._.__. I I. _._.__._.._-. - r' _1 L__._ L ---�.____� L..__.�.»...... I12251 S] MONUMENT CAP INFORMATION • F' F -- -.----'--- L_.-s,.-.__80Ii0NC5LYBiEK-------------------•' S89'S5'18 . 20 Q.�.__ _.__.T,1 ._.__. a2D0- 7517'__.__._ M POINT OF NON-TANGENCY PUBLIC WATERUNE a STORM DRAINAGE ' 218.14 145.00' 589'41'S71Y 1/(/ NAT Gs uss�rM EASEMENT DOC./221OD35(EXHIB.C) 49.63' SD•�' K F--� IS NOT SHOWN WITHIN MILKHOUSE 2D PUBLIC WATERUNE a STORM DRAINAGE LINEAR PAR I I BUILDING SETBACK UNE/BUILDING ENVELOPE AVENUE$ GALLOWAY STREET-Blvd.=14'-6•(Back of Curb to PropertyPLAT p Lin ,EAG,W,SueDNl9oN.PHASE 2c a g EASEMENTTER &, +S�n�RRE�ASE�Ltv�p PU,7 of I___I MEADOWS BAXTER 2p SU 1 MSIGN PHASE ED LOT CONFIGUIATION PLAN 0 Baxter Meadows Phase 6 , Lot 5 , Block 16 1111 , 2 S C A L E - -- --42 D-0-- -- -- -- -------- -- -- -- -- -- -- --7-5 o.0- -- -- -- -- -- -- - __-_—_-..-----.� -�---� - -_-r. �-•--------------.__.- --------- it f NWE GAS EASEMENT 1� 5' I i j Q Q' Q1 ' i� l Oi 5 i o 5712 SF �o 2661 SF �z R S L ; ►-'F- 5 10 i N25 47 40 E i 18.00 ; 19 .5 6' S ' �,S SEWER qASEqEJT N T N 8 9°41 5 7 E - - --- 2 5.00' C, o _ . ---- ---4�- LC-) ' N62021 '20" i E- NT 21 . 16' I � I AREA I io 3 I _ _ C 2911 SF �� o I 'o RSL ICD 50' i iN --_ NU Ln i i� i CJ Qo �i N89°41 '57 "E 64.00' LOT CONFIGUIATION N PLAN sp axter Meadows Phase 6 , Lot 13 , Block 16 11111 2 S C A L E 64.00' 0 I00Ln jam, 2 - - -- '� 0 40 I i I %00 !� 12 SEA 15� 3060 SF ! r I ;o 3 - - i 1 ;C) RSL ;00 --f� o S63°00'39 "E L(-) NTH C' `2 1 7..- 9 ' I T ----------- �;�-- N89°41 57 E • I - - ----�2,2 5.00 \ 2 ��o 8. 14 \ 5 \ O �\ `i SEWER EASEMENT 25o 22 23 E i ! 13 i 21 .31 ! ! 0 i 5967 SF ! I°O i 5 14 2 OI 2731 SF � of 3 oI 1 i RSL CD I ICD NWE GAS EASEMENT i►� ' I Ii � � • i � � .. �� i k �, 1 E � � � N E � -- 4 i � I i M, i �Y f 6 r i� 1 � 1 4 r �`, 1 � 4 S `1� F. ` } r / � SURVEY PURPOSE: TO CREATE 50 LOTS PLAT OF BAXTER MEADOWS SUBDIVISION, PHASE 6 GENERAL NOTES THE COMMISSIONER OF THIS SURVEY IS PC DEVELOPMENT I. The wetland edge south of this point was surveyed by others and A PARCEL OF LAND BEING A PORTION OF TRACT 2A OF CERTIFICATE OF SURVEY NO. 2202A, spot checked in the field. LOCATED IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., 2. The gas easements shown are for use by Northwestern Energy CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA (NWE)and their successors in title and are not intended to be used for any other type of utility. TOTAL AREA: 11.28 ACRES 3. The hatched areas adjacent to P.P.W.s A&B are water service maintenance easements. No permanent above ground structures other than concrete flotwork are allowed. There is an easement for City services across all of P.P.W.A&P.P.W. B. There are no general Utility Easements within these parcels except where specifically shown. 4. The Public Parks being dedicated to the City by this plat are to T Ea rvc p3eo1 Is] I be maintained by the Homeowners Association until such time as a I I city park maintenance district is established to do the some. S. The following parcels are intended to be owned and maintained by FLOOD ELEV the Homeowners Association: the Open Space[Public Access]parcel 4675.05' f In Block 14,and P.P.W.A&P.P.W.B in Block 16. z I I I NW41• 6. The watercourse setbacks do not take into account existing 25% I I TRACT 2A slopes. The setbacks shown are allowed by"administrative relief" re rFc[I3eot Lsl I REMAINDER 2202A Fo 2 [12zs1 st provided for under Unified Development Ordinance 18.42.100(B)(1). !" I C.O.S.N0. AS R wsal's7•E, a 0.0V FROM CORNER 7, The flood elevations and floodplain boundaries are for a 100 year nI n ��, I I flood and were determined under the direction of the project engineer. l N I ary The flood elevations shown are on the City of Bozeman Vertical Datum $ lj PUBLIC SEWER�I 30.08' 'Ir a6 determined from a benchmark with an elevation of 4687.72'on I NDER OF TRACT 2A EASEMENT I $ the arrow,bolt of the fire hydrant at the northwest corner of Gallows I PUBLIC STREET&UTILITY REMA 22D2A DOC.#2103145 I y rl C.O.S.N0. / Street and Gallatin Green Boulevard. r-EASEMENT DOG.�2103143 � 1.56'02E{ ' I N89'41'S7"E 278.47' I (EXHIB.G&B) �fi6.61' I / T � B. The pork requirements for Lots 5&6 of Block 14 have been Sam, NBW41'57'E 532.19' 264.24' 1� 14.24' I � � 100 YEAR FLOOD- met for up to 17 dwellingunits. Development of more than 17 units g PUBLIC PARK E A 1 �• PLAN BOUNDARY will require either an additional cash donation in lieu of land PUBLIC WATERLINE&STORM DRAINAGE A__----_______________ ______ _Z6Z1 -_�__�_-_��% R dedication,or an altemativa authorized by 18.50.100.U.D.O and - I 1 POINT OF BEGINNING EASEMENT DON. I2210035(EXHIB. B)IS NOT Ne941'67 E N approved by the Bozeman City Commission. NE CDR.PHASE 2D SHOWN WITHIN KIMBERWICKE STREET 26047' r r r _ N89'41'57•E _$__J ) FL00[(EtEV IXI G WETLANDS .1 9 -------- --- KIMBERWICKE STREET ----- -- $ smLEr LMEME 25'TRAIL 41 5.39 _T � ELECiRNi1L EASEMENT MAINTENANCE � I ' FASEMENT M �� SIDEWALK NOTE sEr 99.73' 105.00, I 248.1' i ao.00' an _ 1 CITY STANDARD RESIDENTAL SIDEWALKS SHALL BE CONSTRUCTED ON r �' 60ll0' 1d�Jau'__.__. -.-42)ML_.___-.-Iwo'--'- '--._42m:--_-- '--'--'--.35.00!- -- I I!„ I a ALL PUBLIC STREET FRONTAGES OF A PROPERTY PRIOR TO J} j WE GAS EASEMENT�,5' , a OCCUPANCY OF ANY STRUCTURE ON THE PROPERTY. UPON THE ILIfJfJJ I 1t_�urc $ }< NNE GAS EASEMENT ►!T I Itl NwE rAs EASEMENT I 1 1tl I � I I 1 THIRD ANNIVERSARY OF THE PLAT RECORDATION OF ANY PHASE OF i 1 I $ 11 g I s S m$ 1 6ry00 I 25'DITCH THE SUBDIVISION.ANY LOT OWNER WHO HAS NOT CONSTRUCTED SAID 2 n 3 $ 4 g 5 I unlm.EASEMENT ( EASEMENT SIDEWALK SHALL,WI1Ti0Uf FURTHER NOTICE, CONSTRUCT WITHIN 30 N " i slot SF 1 5355 SF 1 $ 3017 5F m g 26M sF m 2s8s SF m 2661 sF 5712 SF -�)to, I DAYS,SAID SIDEWALK FOR THEIR LOT(S),REGARDLESS OF WHETHER 4T y I 1a SEffi RSL /V RSL RSL I I [--------__--� 1 1 N OTHER IMPROVEMENTS HAVE BEEN MADE UPON THE LOT. x89'a1'S]'E M,r �y, N59'41'S7'E I N25n' ! I NB9'24'01'LY o N I _ I 18.00' I I I 100.31' L 1 103.00' I 4•B� ,.J p 7956 W i 53 \ ; I 1 ;7.14• 42.00 ,dl hs' 4T.OD• as @ 'R,S�• SEWER EASEME 1 HIGH GROUNDWATER NOTE ,tl MU1Y FASDeEM,1YP. ;W�, I , I t I + ay 2 L 12 I 149.14' M p N89'41'57E irA 1 4602 sF i� I 50135E - --!'�g415TE---------��-00'pi° 49.1V I IN I DUE TO A RELATIVELY HIGH GROUND WATER TABLE WITHIN THIS `p' 149.14' 21' 'E i 5 j 1 _T SUBDIVISION,FULL OR PARTIAL BASEMENTS ARE NOT RECOMMENDED C i unuly' I i 42.ao:_F9/1' �200_ 1 _33oa `0�'` M 218t6 �p I 63069 sF IOPN��SPACL I WITHOUT CONSULTING A PROFESSIONAL ENGINEER. N89'4,'57'E - � �� s'H4TCHE0 eRFA 1 2gt1 SF le PUBLIC WATERLINE AND [PUBLIC�AC%8]IA SEE NOTE 45100.85' I J 105.0cr 1 $ ' I I STORMDRAINAGE EASEMENT I I 42080 SF A 1 SEE NOTE a q L RSL N i I SEE NOTE 1 1 I ¢ 1 id 8 20 P R �, ! I DOG./2210035(EXHIB.D) I 1 ! /= ! 3 h O 13 I I 1B a �, 3182 SF 4801 SF c' S 4985 SF >�! 2636 Si # 19 ,+ RSLM, li I N89'41'57'E I II +1 I+ I + I 5','a 2856 I^ - � Itl�UN1IY EASO1ENr,VIP I 4� 5 ,D. N89Y7'SYE 68.00' 'OE --- ! NBT41'57'E yf� I tp�y, N89'41'S7-E ! I ! p' 21 S 13 z9a sF ^� p I II\\ / / / CO _ a I 1 .b'0'-'-- TRSLF ¢ RSLI 1 1 ) ^ I 101.39' -T tO5A0' Q I _-t / 4) t 1 fa I N89'41'57'E 96.14' + MUlY FISEMENT--is- C4 W I > 1 1 FLOO6 EI,EV 4 'N 'a 14 I .,a 1 I N69'4t'S7'E 64.0' ! .� t{67J1s' 4801 SF In 4959 SF t1: 41'574 fifi.00' I + ! ` 22 L 10 $ ze44 1 NB741'57'E I N89'41'S]'E I 81 2855 SF IZ' RSL Z G /I IW i 101.92' I b ms.00' i I .� RSL 1 w ryq LOW NO ACCESS STRIP i � 1 g N 3r ai I "Y9 � ! I� � // �� 0 40' 80' 120' ALM F✓AfXI50N AVE i 5 i$ I 15 $ 1 _J N89'4t'S7'E 64.ar! / �(1./ • j1l• 1 I I 4801 SF Im 4933 SIF 11 N89W41'57E 51 1oL� 200D' Id I Z /'' /.•�/ k� I+ t 1 23 9 I5 .'.^ w,�L'y� N S C A L E 1 Nafr47'SYE i a0 PUBLIC I 8 2944 Sr g i i /// '7 BEARING BASIS:PLAT OF BAXTER MEADOWS wl N8941'S]� ! I PARK C P1480 1 2856 RSL I / 7` /J NU SUBDIVISION PHASE 2C&2D 1 102A6' 105.00' I WfL WE GAS W04ENT / t PUBLIC PARK A 3079 SF i8R, I R PUBLIC PARK B 3150 SF ' I Sni UGHtNa ! N89'41'57'E I I g NBE41'57'E I I N8741'57'E i /• ///9 y •' W 1 p11 td 1 1 I EIECIRCAL F/SEMENT L! 681DIr ' 84.00' i 158.35' , .•e i/. // LU I NST4t'57'E N>r_ g _N NSCN'SYE l I$� '� PUBLIC 1920 SF ' $ 412 SF /' A // toz.ea' `^L I 1os.00' $ w II+- I SS ARK D PUBLIC PARK F 4 r LEGEND wi s s 13J� 1 qq� -----f----------------it+-R'f------------' I P --------------------------------- S/ Z _ § NW41'57"E I I N8741'57'E ar I NW41'S7'E I d 1489'41'STE 135.75' 0 1J//• •• SYMBOL DESCRIPTION¢ - 1 i9 3 !'3 IlJ [ 68.00' "L57 I 64.00' 1 I r--= rgg<igL 1 5 ti__ ELEv �p I 6 I i6 1 > $ I 1 --------------- � / y z 1 4805 SF y 489a 5F W I ¢ i 24 fp / 1.131 y j • FD YPC[12251 S].EXCEPT AS NOTED O w i 1 1 z I3 2056 SF I'y I / / �' .I I Itl F�-•--'-MUTY EASEMENT I 9 41 ,� RSL N .7,1 8 10 I/ a 9 I A FO 2"ACAP[12249 US),EXCEPT AS NOTED ir5 I N8W41'57'E I G N89'af'SrE 1 G 9! 3072 SF 1 1= I / 41 ' N i 103.33' 4' 105.00, I p i N89'41'57'E 5/8'RB AND YPC[12251 S]TO BE SET W b y = 68.00' 1 le N8741'0'E ! I:•• z i i I a b ' I 1 t�ie�Anw4 WFROM onLERs TO BE ILL 7 17 I 3s I I i l'- I i ki SETT AT POINTS ROF TANGENCY]&CURVATURE 4955 SF IY n 5022 SF 25 L 10' NSW41'57'E 95.14' 8 TRSLF 11 1 I i "� I i rn �' SURVEY BOUNDARY LINE + e I N69.41'57'E a,rli 5 I Iq Ne9'41'57'E 1 r--.4w0:_.__ 3072 SF I i - $ ------ EXISTING EASEMENT g g' N69'al's7'E r13 I RSL I i EL1ELd a -- 103.Br "� J 105.00' ! i Ik" 68.00' I I I 4881.W. TRAIL MAINTENANCE EASEMENT 5� I h0 1 ;❑ s , �'� N' ]s n s^s. I N89.4t'S7'E _ 8 r 1 18 � 28 2 27 � bb W.00' I I i 1 �' M DITCH EASEMENT 1842 SF I ,� m 9 26 .N --•--•--•--•- GAS EASEMENT ,o 4801 SF I I +� I� 2855 SF - 2856 SF i2 ,� 06 SF I I 1 B I � 5'NH-HED war, I 12 ! 9t.i.. 32134 SF. I I ---_-_--___ EUTILITY EASEMENT XCEPT AS NOTED I I I 3'HATCHED IS aj j5' 3060.SF l.j ..A I ...: .. NBSYai'S7'E I I N81111'37'E I I ! I SEE NOTE/ p,,, SEE NOTE/3 / RSL i 104.39' 1 I tos oo' )I1/ s63W39*E CENTERLINE OF SPRING DITCH ___�____�___ STREET LIGHTING ELECTRICAL EASEMENT 1 I . n.79' I 1 i 25'TRAIL 50' ts' vm�inn�n. o g R I $ 19 I - $ -589'41'571Y---------��/GM !p• N89'41'S7�i 1 T - PATIO EASEMENT NMNIENIWCE w 1O 4530 SF H "- 149.14' M iy� ST.o9' i I i EASEMENT i� 1 L, '� DITCH s j 4814 SF + I FLOOp r+cr I I ! I -Do' a1 Ia 4200' 42.00' bl r=18.14' I I 1 P1 .14' S P.P.1P. PUBLIC PEDESTRIAN WALKWAY Nev4,'n'E „rs ' 7-„, N69'41'SYE I ^4 4�- L6`f 52922,2J'E SEWER EASEMENT i I i I�v., RSL RESTRICTED SIZE LOT I 104.91' "'L J^ I05ar 1 1 13 I I R000 PER LIDO 18.42.180 I 5 I 10' I 21.31' I - LLEEvv n _ i I I i 17 18 l3 15 R 5967 SF 1 I ,j 4e .; i I 2U 1 i 3102 SF 8S, UM CAP 27M SF•m 8$, 2772 SF 2714 31 SF 8 i i I PLAIN BOUNDARY YPC YELLOW PLASTIC CAP $ I 10 $ I '"1 RSL RSL i - s' s' = I I I LI1Y EASEMENT (SEE NOTE/7) RPC RED PLASTIC CAP Z 5355 SF M 15' M , 5365 sF I I, I.�-MLIIY E!5 ENr RSL WE G4S F/SLMEM�jS' I 1 I WE GAS F/SEMENI-.15 ttl 1 I 1 RB REBAR 90.00' I,"GIS FASENEM I I I 1 L. ---'--'-- �.__.__._ -ti 20 0' .__._ 1W ------------J 60 0' 77.IA .__. :�.__. _.__. . _7513'__.__._J Er re 0' A--_N______________45�_-_-_--___ 23• RM REFERENCE MONUMENT Ora 2 .14 �, S89S518 FD FOUND PUBLIC WATERLINE&STORM DRAINAGE [12251 S] MONUMENT CAP INFORMATION WESEE NOTE��M S89'41'STW EASEMENT DOG. 2210035(EXHIB.C) 749.63' PUBLIC WATERLINE&STORM DRAINAGE � • J NEAR PARK NT POINT OF NON-TANGENCY IS NO7 SHOWN WITHIN MILKHOUSE AVENUE SUBDIVISION.PHASE 2C&2D $ EASEMENT(DOC.J2210035,EXHIB.D) $ GALLOWAY STREET 3 &PUBLIC SEWER EASEMENT(DOC. $ PLAT OF ARE DER MEgpOWS /t210.314GA)LIATIN GREEN BOULEVARD nN L NOT SHOWN WTHIN PLAT OF R MEADOWS 1 FL O ELEv ION PIKE 2A SHEET 1 OF 2 516-Ph6-PLAT.dwg SUED DRAWN BY: JLN,SA DATE: 12/6/06 QUALITY CHECK: TD&JO1 SURVEYED BY: JOB NO. B05-016 FIELDBOOK 140/73 N THOMAS,DEAN &HOSKINS,INC. 9 ENGINEERING CONSULTANTS GREAT FALLS-SOZEMAN-KALISPELL MONTANA SPOKANE WASHINGTON LEWISTON IDAHO CERTIFICATE OF DEDICATION PLAT OF BAXTER MEADOWS SUBDIVISION, PHASE 6 CONSENT OF MORTGAGEE(S) I (we), the undersigned property owner(s), do hereby certify that I (we) I(we), the undersigned mortgogee(s) or encumbrancer, do hereby join in and have caused to be surveyed, subdivided and platted into lots, blocks, A PARCEL OF LAND BEING A PORTION OF TRACT 2A OF CERTIFICATE OF SURVEY NO. 2202A, consent to the described plat, releasing my (our) respective liens, claims or streets, and alleys, and other divisions and dedications, as shown by the LOCATED IN THE SOUTHEAST QUARTER OF SECTION 34,'TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., encumbrances as to any portion of said lands now being platted into streets, plat hereunto included, the following described tract of land, to-wit: CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA avenues, parks, or other public areas which are dedicated to the City of Bozeman for the public use and enjoyment. Dated this_ day of 200 DESCRIPTION A parcel of land being a portion of Tract 2A of Certificate of Survey No. 2202A, said parcel being FIRST INTERSTATE BANK Signature located in the Southeast Quarter of Section 34, Township 1 South, Range 5 East, P.M.M., City of BAXTER MEADOWS PHASES Bozeman, Gallatin County, Montana, and being more particularly described as follows: Printed Name and Title Beginning at the northeast corner of Phase 2D of the Plat of Baxter Meadows Subdivision, Phases 2C & 21); thence North 89'41'57" East, a distance of 532.19 feet; thence North 81'56'02" East, a STATE OF distance of 55.51 feet; thence North 89'41'57" East, a distance of 278.47 feet; thence North q =o.=,"o. ro. 48'25'27" East, a distance of 90.20 feet to a point in the centerline of Spring Ditch, said point "ro"'s''" ou County of o" being the northwest corner of Phase 2C Linear Park as dedicated on said plat; wnw e«se On this_ day of 200 , before me the undersigned the following 8 courses being along the westerly boundary of said park and along said centerline: rwsrx ° yk "� Notary Public for the State of , personally appeared thence South 14'04'05" West, a distance of 108.70 feet; thence South 04'31'49" West, a distance @ R 4" known to me to be the of FIRST INTERSTATE BANK of 41.93 feet; thence South 01'19'34" East, a distance of 100.29 feet; thence South 17'55'37" & ^N9C' . and the person whose name is subscribed to the within instrument and West, a distance of 51.87 feet; thence South 39'29'45" West, a distance of 106.74 feet; thence Ew o acknowledged to me that he executed the within instrument for and on behalf of South 27'52'13" West, a distance of 87.85 feet; thence South 01'31'51" West, a distance of 80.56 FIRST INTERSTATE BANK. feet; thence South 03'57'17" East, a distance of 100.31 feet; IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the ram' "w i,�, day and year first above written. Thence South 89'55'18" West, along the north line of Phase 2C of said plat, a distance of 50.35 � �,r s.w� feet; thence South 89'41'57" West, along the north line of said Phase 2C, a distance of 749.63 ro?=+ suTzs uwz !,?..;........n= .... ,� psE.( srciah. m o ary Public or he fate o feet; thence North f Beginning, East, along the east line of Ferguson Avenue, a distance of 568.04 co.s•N0' ow"r Printed Name feet; to the Point of Beginning, N (SEAL) "r GS,N0.Pw� Residing at The described parcel contains 11.283 acres, more or less. The described parcel is as shown on " No,=wz My Commission expires the accompanying plat and is along with and subject to any existing easements. Q •1 QOQ' I I CERTIFICATE OF SURVEYOR S C A L E The above described tract of land is to be known and designated as the I, the undersigned, Steven C. Anderson, Professional Land Surveyor, do PLAT OF BAXTER MEADOWS SUBDIVISION, PHASE 6, City of Bozeman, hereby certify that on or between July 24, 2006 & September 1, 2006, 1 Gallatin County, Montana; and the lands included in all streets, avenues, surveyed the PLAT OF BAXTER MEADOWS SUBDIVISION, PHASE 6, and alleys, and parks or public squares shown on said plat are hereby platted the some as shown on the accompanying plat in accordance with granted and donated to the City of Bozeman for the public use and enjoyment. Unless specifically listed herein, the lands included in all the provisions the Montano Subdivision and Plaiting Act, §76-3-101 streets, avenues, alleys, and parks or public squares dedicated to the through 76-3-625, M.C.A., and the Bozeman Municipal Code. public are accepted for public use, but he city accepts no responsibility for maintaining the some, The owners(s) agree(s) that the City has no I further certify that all monuments will be set upon or prior to obligation to maintain the lands included in all streets, avenues, alleys, completion of construction or when reasonable weather-related site and parks or public squares hereby dedicated to public use. The lands conditions exist, but no later than July 31, 2007. included in all streets, avenues, alleys, and parks or public squares dedicated to the public for which the City accepts responsibility for maintenance include: Dated this_ day of , 200 MILKHOUSE AVENUE, KIMBERWICKE STREET, GALLATIN GREEN BOULEVARD, Steven C. Anderson BLOCK 15 ALLEY AND BLOCK 16 ALLEY. Montana License No. 12251 LS The undersigned hereby grants unto each and every person, firm, or providing or offering to provide CERTIFICATE OF COUNTY TREASURER corporation, whether public or private, p g g telephone, electric power, gas, internet, cable television or other similar CURVE TABLE utility or service, the right to the joint use of an easement for the I, Kimberly Buchanan, Treasurer of Gallatin County, Montana, do hereby construction, maintenance, repair and removal of their lines and other CURVE RADIUS DELTA ANGLE ARC "UTILITY EASEMENT"to have and to hold forever. LENGTH CHORD BEARING CHORD LENGTH certify that the accompanying plat has been duly examined and that all facilities, in, over, under and across each area designated on this plat as real property taxes and special assessments assessed and levied on the C1 35.00' 90'00'00" 54.98' N45'18'03"W 49.50' land to be subdivided have been paid. C2 15,00' 90,00,00" 23.56' N45'18'03"W 21.21' Dated this_ day of 200 C3 15,00' 90'00'00" 23.56' N44'41'57"E 21.21' Dated this day of , 200 C4 35.00' 90,00,00" 54.98' N44'41'57"E 49.50' Owner: BAXTER MEADOWS DEVELOPMENT, L.P. C5 35.00' 26.05'44" 15.94' N77'1511"W 15.80' Deputy Treasurer Formerly known as W.B.C., L.P. C6 35.00' 36'3340" 22.33' N45'55'30"W 21.96' C7 35.00' 27'20'37" 16.70' N13'58'21"W 16.55' By: BAXTER MEADOWS CONSTRUCTION, INC., C8 35.00' 27'17'25 16.67' N13'20'39"E 16.51' jTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT General Partner C9 35.00' 37'38'15" 22.99' N45'48'29E 22.58' - OF ENVIRONMENTAL QUALITY REVIEW C10 35.00' 25'04' 15.32' 1 N77'09'47"E 15.19' The PLAT OF BAXTER MEADOWS SUBDIVISION, PHASE 6, Gallatin County, Montana, By: Gerald R. Williams, President is within the City of Bozeman, Montana, a first-class municipality, and within the planning area of the Bozeman growth policy which was adopted pursuant to §76-1-601 et seq., MCA, and can be provided with adequate storm water drainage and adequate municipal facilities. Therefore, under the provisions of STATE OF MONTANA §76-4-125(2)(d) MCA, this subdivision is excluded from the requirement for County of Gallatin Montana Department of Environmental Quality review. On this day of 20, before me the undersigned Notary Public for the State of Montana, personally appeared Gerald R. Williams, Dated this_ day of , 200 . known to me to be the President of BAXTER MEADOWS CONSTRUCTION, INC., the General Partner of BAXTER MEADOWS DEVELOPMENT, L.P., COMPUTED PHASE AREAS BY BLOCK (SQUARE FEET) and the person whose name is subscribed to the within instrument and Director of ublic Service acknowledged to me that he executed the within instrument for and on behalf of PHASE/BLOCK LOTS P.P.W. PARK OPEN SPACE TOTAL(SQ. FT.) City of Bozeman, Montana BAXTER MEADOWS DEVELOPMENT, L.P. BL 14 95223 - 12283 42080 149586 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal BL 15 99237 - 6229 - 105466 CERTIFICATE OF DIRECTOR OF PUBLIC SERVICE the day and year first above written. BL 16 87328 1651 23380 - 112359 SUBTOTAL 2817es 1651 41892 42060 367411 I, Director of Public Service, City of Bozeman, Montana, do hereby certify (SEAL) Notary Public for the State of MONTANA that the accompanying plat has been duly examined and have found the Printed Name STREETS&ALLEYS 124073 some to conform to the law, approve it, and hereby accept the dedication Residing at to the City of Bozeman for the public use of any and all lands shown on My Commission expires TOTAL 491484 the plat as being dedicated to such use. Dated this_ day of ,200 . CERTIFICATE OF COMPLETION OF IMPROVEMENTS Director of Public Service I, Gerald R. Williams, and 1, Keith Waring, a registered professional engineer licensed City of Bozeman, Montana to practice in the State of Montana, hereby certify that the following improvements, required to meet the requirements of this title or as a conditions) of approval of the PLAT OF BAXTER MEADOWS, PHASE 6, have been installed in conformance with CERTIFICATE OF CLERK AND RECORDER the approved plans and specifications: I, Shelley Vance, Clerk and Recorder of Gallatin County, Montana, do WATER SYSTEM IMPROVEMENTS, SEWER SYSTEM IMPROVEMENTS, STORMWATER SYSTEM PARK DEDICATION AREA CALCULATIONS (SQUARE FEET) hereby certify that the foregoing instrument was filed in my office at IMPROVEMENTS, STREET IMPROVEMENTS & SITE GRADING. _____ o'clock, _.M., this ____ day of -________--. 200--, and recorded in Book -__ of Plats, on Page _ as Completion of the following items is financially guaranteed and is covered by the WATERCOURSE/WETLANDS WITHIN Document No. - _ - ---, Records of the Clerk and improvements agreement accompanying this plot: OPEN SPACE/PUBLIC ACCESS PARCEL 4650 Recorder, Gallatin County, Montana. WATERCOURSE/WETLANDS WITHIN PARK IMPROVEMENTS, STREET LIGHTING & SIDEWALKS - STORMDRAINAGE EASEMENT 378 Deputy Clerk an ecor er The subdivider hereby warrants against defects in these improvements for a period CREDITED WITHIN OPEN SPACE/PUBLIC ACCESS PARCEL 4272 of one year from the date.of acceptance by the City of Bozeman. The subdivider + PARK PARCELS 41892 grants possession of all public infrastructure improvements to the City of Bozeman, CREDITED PARK 46164 and the City hereby accepts possession of all public infrastructure improvements, subject to the above indicated warranty. - PARKING AREA PENALTY 4760 SHEET 2 OF 2 516-Ph6-PLAT.dwg CREDITED DEDICATED PARK 41404 DRAWN BY: JLN,SA I DATE: 12I6106/06 QUALITY CHECK: By: Subdivider Date: T L SURVEYED BY: JOB NO. B05-016 FIELDBOOK 140/73 By: Montana Lic. No. 15161 PE Date: TD&�j \\ THOMAS, DEAN & HOSKINS,INC. By: Director of Public Service Date: +'\��\tJ�/J/® ENGINEERING CONSULTANTS GREAT FALLS-BOZEMAN-KALISPELL WA MONTANA SPOKANE LEWISTON IDAHO i _ ,� a W �, • ` • ' SAXTZR MEADOWS SUBDIVISION. �I Prepared fore Frepared:6y: eaks;_ta _la_►n_s �: esi • - LANDSCAPE-ARCHITECTURE'[PLANNING'ENVIRONMENUCORIGN '208 N. BROADWAY,SUITE 350 3985 VALLEY COMMONS DRIVE BILLINGS,-.MONTANA .5.9101 BOZEMAN, MaNI-ANA 59718-6633 PH 406 294 9499 PH. 406-586-9922 WW.W PEAKSTOPLAINS.COM • I BAXTER MEADOWS SUBDIVISION 13 PHASE 6 K4ASTER PLAN I AEL E OF CONTENTS • !- LOCATION AND HISTORY L= 2 ! ! EXISTING CONDITIONS I. 2 * PARK AND OPEN SPACE IMPROVEMENTS 2 n GENERAL INFORMATION 2 13 SITE FURNISHINGS 3 [J PEDESTRIAN CIRCULATION 3 n AESTHETIC AND FUNCTIONAL GRADING 3 H WOODY VEGETATION 3 ci HERBACEOUS VEGETATION 4 n WATERCOURSE SETBACK VEGETATION 5 n IRRIGATION SYSTEMS 6 C MAINTENANCE L 6 I-! RESPONSIBLE PARTY 6 0 MOWING AND WATERING 6 U NOXIOUS WEED CONTROL 6 o FERTILIZATION 6 •❑ SNOW REMOVAL 7 0 IRRIGATION SYSTEMS 7 ❑ANIMAL CONTROL 7 L APPENDIX'j 8 u PRELIMINARY PLAT AND BARTER MEADOWS CONCEPT PLAN A u MASTER UTILITY PLAN B u PHASING PLAN C u ZONING D Li ADJACENT PROPERTY OWNERS E SOILS INFORMATION F !WETLANDS AND CRITICAL LANDS G ! FERGUSON AVENUE PEDESTRIAN CROSSING H LIYARD SETBACK COVENANT MEMO I PUBLIC PEDESTRIAN WALKWAY MAINTENANCE .1 Li DESIGN GUIDELINES FOR CITY OF BOZEMAN PARKS K u HOA GUIDELINES L Li COST ESTIMATE AND RESPONSIBILITY M u PHASE 6 LANDSCAPE PLANS N Li PARK AND OPEN SPACE CONCEPT PLAN O ul PARK AND OPEN SPACE CALCULATIONS P i !i LINEAR PARK CONSTRUCTION PLANS Q PEAKS TO PLAIPdS DESIGN. P.C. •1 • JuLv 2006 BAXTE€2 MEADOWS SUBDIVISION 13 PHASE 6 MASTER PLAN • LOCATION AND HISTORY Baxter Meadows is a Planned Unit Development (PUD) consisting of approximately 460 acres. The PUD boundary is irregular, but is generally bounded by Cattail Street to the north, Davis Lane to the east, Harper Puckett Road to the west and Oak Street to the south. This park master plan relates specifically to Phase 6 of the subdivision. Phase 6 of the PUD is located in the southeast quarter of section 34, Township I South, Range 5 East in Gallatin County, Bozeman, Montana. Previous phases have been prepared by Olson Landscape Architecture, Inc and Peaks to Plains Design, P.C. The area has been historically used for agricultural purposes for the production of hay and grain as well as an existing dairy farm. One hundred acres of land within the PUD was sold to Gallatin County for the purpose of creating a regional park. Phase 6 has approximately 1.5 acres of park and open space land. EXISTING CONDITIONS Phase 6 contains approximately 1 1.5 total acres. The majority of the phase will be medium- density single family lots, with three additional large multi-family lots. Existing conditions neighboring Phase 6 include the 100-acre Regional Park to the south, as well as the future YMCA site. The new Bozeman middle school site is adjacent to the northwest corner. Also adjacent to the project are residential homes, a linear park, and out-of-production agricultural open land. The first phase of Baxter Meadows was platted in March of 2003. Phase I consisted of medium density multi- family and single-family lots, estate lots, a bed and breakfast, a veterinary clinic, two pocket parks and a linear park. Phase 2 was divided into several sub-phases, of which the adjacent 2C and 2D phases received final plat in the summer of 2005. Phase 2 consists of neighborhood mixed use lots, retail office, and medium density housing. It also includes linear parkland that is adjacent to Phase 6 on the south and east. Phase 3 is comprised of 83 acres of low density, single-family residential lots, and includes a total of 27 acres of park and open space. Phase 3 presently has preliminary plat approval. Phases 4 and 5 have not yet been built,- they currently have concept plan approval only. u PARK AND OPEN SPACE IMPROVEMENTS Li --I GENERAL INFORMATION Phase 6 consists of two main park and open space areas. The first area is a pocket park off Milkhouse Avenue, between Kimberwicke and Galloway Streets. It is roughly 19,420 square feet, and will serve as a passive recreation space. To the east of the pocket park, adjacent to Phase 2B is another green space. This linear area lies west of a stream corridor and serves as access to a park just east of the stream. It consists of gravel trails and both upland and riparian plantings. Other shared common space in this phase includes trail corridors and boulevards. • PEAKS TO PLAINS DESIGN. P.C. •2• JUL.'),2006 • ! BA.XTER MEADOWS SUBDIVISION PHASE 6 MASTER PLAN • L SITE FURNISHINGS The main furnishing for this park will be benches placed along pathways in the site. To maintain a sense of continuity, site furnishings for the park shall match existing ones in other phases, if possible. Benches should be 6' in length, constructed of powder-coated metal and/or recycled plastic. All benches shall be permanently mounted in place. A sample bench is shown at right. PEDESTRIAN CIRCULATION Pedestrian circulation throughout this area is facilitated by a series of sidewalks and trails. Concrete sidewalks, at 6'wide, will service the exterior of the pocket park. Walkways running between lots to the north and south of the pocket park will be S'wide concrete and will connect to the sidewalk around the perimeter of the park. The east-west trail in Phase 6 connects the pocket park to the linear parkway in the eastern part of the site. It is an 8'wide gravel trail,- granular components of the gravel trail include 3/8 inch gravel with a 20 percent clay binder that is rolled and compacted to create a firm, stable surface. This trail then connects to the Bozeman-to-Belgrade trail (running north-south through the site), which is a 10 foot wide asphalt surface. Connection with this trail provides access to other phases within this project, as well as other parts of the city and surrounding area. All trails will be built to the City of Bozemar standards, as shown in the graphics below. • WA a'w 6'depth of 3f6"mtr j 2.5'thickness asp'talt paving gravel vv h day €nder as per MPINSS with City or Bo:eman Modfications ti It 4 --- V.-. ilk Water and roll surface_in provide 95% `t c Vmpaciion and farm a smaukh surface seal y de tm.t 1IL"minus crushed Vase Bourse,_compact to 95%proctor density Undisimiaed suhgrada;fM;,compacted to 951.6 orxior aNnsify Compact subgrade to 95%proctor density, excavate fur trail t'2.5" Finish grade,slope away tron,Vail GRAVEL TRAIL CROSS-SECTION ASPHALT TRAIL CROSS-SECTION L.AESTHETIC AND FUNCTIONAL GRADING Grading within this park will be used mainly for aesthetic purposes. Subtle berms will be used near the west entry to the park, in conjunction with planting areas. They will add character and interest to the site, as well as provide a buffer from the roadway. Because there will be plantings on the berms, they will be covered with mulch, avoiding the challenge of mowing a grassy berm. The berms will be bordered either by sidewalk or by a rock swble. WOODY VEGETATION The vegetation in all of the park lands will be quality nursery stock. Boulevard trees will be planted in all • right of way areas as required by the City of Bozeman. Boulevard trees will be limited to deciduous shade trees and will contain several different species to avoid a monoculture. :�! PEAKS TO PLAINS DESIGN. P.C. •3• JUI_Y 2006 BAXTER MEADOWS SUBDIVISION El PHASE 6 MASTER PLAN • Smaller, ornamental trees add interest to the landscape by having significant Flowering capabilities, ornamental fruit or interesting bark. Ornamental trees are placed at trail crossings, entrances and other nodes. Any fruiting trees will be located away from sidewalks and trails. Coniferous (evergreen) trees and shrubs add winter interest to the landscape in addition tc providing valuable screening and wind buffering capabilities. Evergreen trees are placed to accommodate the future mature growth so they will not block walkways. Final plant species selection of both the shrub and tree species will have final approval by the City Forester and City Parks Department prior to construction. No trees shall be planted within 10' of any utilities and must be at least 35' from intersections and sight triangles. HERBACEOUS VEGETATION Planting beds are proposed for the pocket park and will include not only ornamental and evergreen trees and evergreen shrubs, but ornamental grass as well. Ornamental grasses are selected for their cold hardiness, aesthetic character, size and water requirements. The grasses are valuable for their year-round landscape interest and the soft look they add to a space in contrast to woody vegetation. Both the planting beds and rock swales will have Typar weed barrier fabric. Where either areas border irrigated lawn, aluminum landscape edging will help separate the spaces and contain the weed fabric. All planting beds will also receive a 3" deep cover of shredded bark mulch. Any areas that are disturbed by construction activities will have a prepared seed bed and reseeded with the appropriate grass species. It is recommended that all seeding is completed with a narrow spacing drill • seeder, then rolled and compacted for optimum establishment. In areas with slopes at or over 3.I, broadcast seeding will be appropriate, but must be raked into the soil and then rolled and compacted. In areas that receive rotor irrigation, the recommended seed mix (seed mix #1) is as follows: GRASS SPECIES PERCENTAGE OF MIX Kentucky Bluegrass 60 Perennial Ryegrass 25 % Creeping Red Fescue 15 % Drill Seed at 5 lbs. per 1000 square feet; double the rate for broadcast seeding Areas that are not in wetland or low lying areas and do not receive any irrigation will be reclaimed and seeded with the following mix (seed mix #2) which contains many of the native species found in the region: GRASS SPECIES PERCENTAGE OF MIX Western Wheatgrass 40 Slender Wheatgrass 20% Thickspike Wheatgrass 10 Bluebunch Wheatgrass 10% Sheep Fescue 10 Sherman Big Bluegrass 10% • Drill seed at 10 lbs. per acre, double the rate for broadcast seeding ! PEAKS TO PLAIT IS DESIGN. P.C. 04• JUI.Y 2006 BAXTER MEADOWS SUBDIVISION PHASE o MASTER PLAN • WATERCOURSE SETBACK VEGETATION Spring Ditch, a natural stream, flows north along the east boundary of Phase 6. This phase of the Baxter Meadows development includes 725 linear feet of stream. Total width of the wetland area has been widened to an average 5 feet (for mitigation purposes) with a 50-foot setback extending from the western edge of the wetland. The 5-foot wetland zone (as of the Spring of 2005) has been planted with sedge, wetland forties, and willow sprigs (Table 1); because of these changes, the Army Corps of Engi- neers now classifies this as an "enhanced" wetland. The next 10 feet within this setback, the embankment upslope, is considered the transitional zone, and is seeded with a native seed mix (Table 2) and container- ized dogwood, aspen and willows (total of 10-15). The remaining width of Zone 1, due to topography and hydrology, is not able to support wetland species, which are called for in the UDO. It is the intent of Phase 6 developments to have little to no impact on this 2005 effort. However, planting will be completed in the remaining setback area. The remainder of Zone 1 will be planted with a native seed mix as well as a portion of the 18 trees called out on the planting plan. Zone 2, the last 22 feet of the setback, will also have a portion of native grass as well as some irrigated lawn. The remainder of the 18 trees and shrubs will also be planted here. According to Section 18.42.100 of the Bozeman UDO, the final plant count of over 40 trees and shrubs exceeds requirements for this phase, even though not all plantings fall within the zones as specified. Adjustments were made based on existing site conditions so as to not cause undue disturbance. Appendix G contains a detailed description of plantings within and maintenance of the wetlands and setback areas. TABLE 1 • STREAMBANK (FREQUENTLY SATURATED) SEED MIX SPECIES COMMON NAME Grasses Calamagrostis canadensis 'Sourdough' Blue-oint Reedgrass Deschampsia caespitosa Tufted Hairgrass Elymus lanceolatus ripanum 'Sodar' Streambank Wheatgrass Elymus trachycaulus 'Revenue'Slender Wheatgrass Glyceria striata Fowl Manna Grass Poa palustris Fowl Bluegrass TABLE 2 STREAMBANK UPLAND/TRANSITIONAL ZONE SEED MIX SPECIES COMMON NAME Grasses Elymus lanseolatus 'Critana'Thickspike Wheatgrass Pascopyrum smithii 'Rosanna' Western Wheatgrass Poa canbyi 'Canbar' Canby Bluegrass Forbs Vicia americana American Vetch Lupius argenteus Silverleaf Lupine • Gaillardia aristata Blanket Flower Echinaceae purpurea Purple Coneflower D PEAKS TO PLAINS DESIGN. P.G. *59 JUL.Y 2006 BAXTER MEADOWS SUBDIVISION PHASE 6 MASTER PLAN • u IRRIGATION SYSTEMS The irrigation system will be professionally designed and built to the City of Bozeman standards and specifications. All main lines and lateral lines will be schedule 40 PVC pipe, with the exception of any drip lines which will be a class 160 polyethylene pipe. Most of the area will be irrigated with gear-driven rotor heads connected with unitized swing joint to the main line. Trees located in native grass (non irrigated) areas will receive supplemental drip irrigation for establishment purposes. One well will be drilled in the phase 6 pocket park area. The well will produce the maximum allowable rate of 35 gallons per minute and will contain a submersible pump that provides the necessary pressure to efficiently run the system. The systems will be controlled with Maxicom-compatible automatic controllers that are programmed to run the pump relay and individual zones. u MAINTENANCE'-- * RESPONSIBLE PARTY The Developer will maintain the parks until a Home Owner's Association is formed, who will then assume control of park maintenance until a City-wide Park Maintenance District is created. u MOWING AND WATERING Depending on seasonal moisture, native grasses should be mowed 3 to 4 times per year, the first time at the end of May, the second time in mid July, and the final time occurring in mid-October. The mow height should be a minimum of 4 inches, with 6 inches being preferable. Every third year native grasses • should be burned in late winter or early spring. The burning is important because it controls invasive plants, eliminates crop residue and recycles nutrients. Turf grass areas should have a mow height of no less than 3 inches and be allowed to grow to 4 or 4- 112 inches before being mowed again. Bluegrass lawn areas require roughly 12 inches of water between June 1 st and September I st. At peak demand this means roughly I inch of precipitation per week in lawn areas. For mature lawn areas, this water should be spread evenly through the week and in less frequent, deeper soakings. L1 NOXIOUS WEED CONTROL A noxious weed control program has been established with a local contractor. A yearly property check with spot spraying as required should occur in the month of June. This should be coordinated with the County Weed Supervisor and the NRCS agent. This program can also be used to control the weeds in gravel trails and walkways with spot application of a weed control agent as required. FERTILIZATION Fertilizing of grass and lawn areas should be done as necessary in should not be overdone to minimize water needs and mowing and to protect sensitive areas. Lawns which have irrigation at head to head coverage should have two applications of fertilizer: The first should be a blend of 17-17-17 in May and then should have an application of 27-8-8 in mid summer. As the lawns are establishing the rate of fertilization should be 40 Ibs per 10,000 square feet. An established lawn should be fertilized at a rate of 60 lbs. per 10,000 square feet. Bi-annual soil test should be taken to assess soil nutrient contents and • adjust fertilizer rates accordingly. Cb PEAKS TO PLAINS DESIGN. P.C. 06• ,JULY 2006 BAXT'ER MEADOWS SUBDIVISION PHASE 6 MASTER PLAN • The seed mix that has no irrigation or areas within 50 feet of a stream or wetland should not be fertilized and has no plan for regular application of fertilizer. This will minimize excess nutrient run-off that will adversely affect the water ecosystem. Trees and shrubs located within the 50 foot corridor should be monitored and if deemed that they need fertilization, the use of capsule fertilizer should be utilized. In areas outside the corridor, the shade trees should be fertilized in April with 16-10-9 plus iron and zinc. Once trees and shrubs are established, they should be fertilized with tree food spikes. Do not fertilize trees and shrubs past mid-July. Pruning of evergreens should occur in June. Shade trees should be pruned in April, except maples and birch. Maple and Birch species should be pruned in mid to late July. General monitoring for pests and diseases should be done throughout the year. Trees and shrubs should be deep watered right before the ground freezes. Li SNOW REMOVAL Concrete sidewalks located in the public right-of-way will have the snow removed within 24 hours of the end of any snowfall event as per Bozeman Ordinance 1529. The responsible party will be the subdivision's Home Owners Association. Gravel trails will not have a regular snow removal schedule. IRRIGATION SYSTEMS The irrigation system should be charged in April, after the frost has left the ground and plant material begins to grow. All of the manual drain valves should be turned to the closed position. The power for the well pump should be switched to the `on" position. Program or adjust the controller for the current month"s watering needs. Check all heads to ensure that there is no breakage and that proper coverage • is attained. Each month the heads and controller should be checked and adjusted for the weather. The irrigation system will need to be monitored to watch for breaks, vandalism and overall needs of the site. When the sprinkler heads are repaired, repairs should be made with the same brand and nozzles. This ensures that the coverage is efficient for the working pressure and disperses at an equal precipitation rate. The heads should be checked to ensure that they are seated at a level which it is not damaged from mowing or maintenance equipment. A periodic check of the drip emitters around the trees is necessary to ensure they are functioning properly. Winterization of the irrigation system typically occurs during the last week of October. At this time, the power to the well pump should be turned off. All manual drain valves should be opened. Use a high- powered air pump to connect to many of the quick coupler valves around the system. Run air through the system, opening and closing each valve zone, until all of the water is completely out of the system. Turn off the controller and leave the water off until spring. If winter time watering is necessary, this should be done manually from a tank to avoid damage to the system. U ANIMAL CONTROL Domestic pets in parks must be kept on a leash and all refuse must immediately be collected by their respective owner. Rodents may be controlled if levels of predation threaten the survival of plantings or constitute a health hazard. Poisons to control rodents can not be used on City of Bozeman owned or dedicated land. • PEAKS TO PLAIhIS DESIGN. P.C. 07• JUI..r 2006 AXTER MEADOWS SUBDIVISION 13 PHASE 6 MASTER PLAN ei Y� ----------------------- • PEAKS TO PLAIPIS DESIGN. P.C. •8• JULY 20t316 VACANTLAND TOTAL PUD ACREAGE: 4 6o.00 AC K:I LESS REGIONAL PAR loo.00 AC LESS COK/SCHOOL DISTRICT PROPERTY: 20.0o AC+/- . TOTAL BAXTER MEADOWS PROJECT ACREAGE: 340.32 AC EXISTING COK PROPERTY S AC (SEER.O.W.TARLE) E][L4IEV0 _ .� LESS EXTERIOR R.O.W.: 9.43 GAULY FARM V-LAO ESTIMATED DEVELOPABLE PROPERTY: 320.89 AC 1 9 - FUTURE MIDDLE SCHOOLSDE - . t LAND USE ACREAGE ESTIMATES �— -_ SINGLE-FAMILY RESIDENTIAL: 91.31 AC MULTI-FAMILY RESIDENTIAL: 1o.95 AC i _, av COMMERCIAL/RESIDENTIAL: 51.31AC �' COMMUNITY CENTERS: 18.12 AC s SUBTOTAL: 171.69 AC Fjowff - (BUILDABLE NETACREAGE) INTERIOR RO.W.: 72.88 AC PARK/OPEN SPACE: 76.32 AC Q ��C RESIDENTIAL TOTAL: 320.89 AC � "�� DENSITY TARGETS FOR LAND USES ` MPE ( ! L SINGLE-FAMILY RESIDENTIAL: LOW-DENSITY DETACHED LOTS ACREAGE: 29.o6 AC wacmcwrerat ESTIMATED#OF LOTS: 87 ESTIMATED DU/AC: 3 DU/AC wnrslvrAVLea wotalu+sre� '� r MEDIUM DENSITY DETACHED/ATTACHED LOIS ACREAGE: 40.28 AC ESTIMATED#OF LOTS: 201-322 ESTIMATED DU/AC: S-S DU/AC HIGH DENSITY DETACHED/ATTACHED(RSL)ACREAGE: 21.97 AC 09%0FBUILDABLE NEiACREAGE) ESTIMATED#OF LOTS: 264 RESID j ` ESTIMATED DU/AC: 12 DU/AC �'�° ® •MULTI-FAMILY RESIDENTIAL: ENnnL MEDIUM DENSITY LOTS ACREAGE: 10.95 AC ESTIMATED#OF UNITS: 131 • p ESTIMATED DU/AC: 12 DU/AC FLiNDER9 aGu.RD •NEIGHBORHOOD MIXED-USE • RETAIL OFFICE MEDIUM DENSITY HOUSING: 1g.7g,AC �. ESTIMATED#OF UNITS- 248 ESTIMATED UNITS/AC: 18 DU/AC r "'wTwV1DS •MIXED RESIDENTIAL/COMMERCIAL: `s - SUBDIVISION RETAIL/COMMERCIAL/OFFICE MIXED-USE PARCET. -HIGH DENSITY MULTI-FAMILY RESIDENTIAL: BARTER OWS . ESTIMATED! ESTIMATED#OF UNITS: AC ESTIMATED UNITS/AC: 20 DU/A+ • RESIDENTIAL NEIGHBORHOOD SERVICES: .' 18.1zAC P.U. D. \ (YMCA/SCHOOL DISTRI(7T'/BARN-BED&BREAKFAST/VET CLINIC) CONCEPT PLAN - - • ESTIMATED PARK/OPEN SPACE: 76':32AC Prepared by: PC Development Last Update:3-3-o6 .•............ -::: ... "4aa, ESTIMATED TOTAL DWELLING UNITS: 1682-i8o3 BUILDABLE NET ACREAGE: 171.69 AC Legend: TARGET DU/AC: 10 DU/AC El OPHNSPACE PARK PROJECTBOUNDRY WELLING UNIT PER ACRE-- D (DU/AC)CALCULATIONS LOW DENSITY SINGLE-FAMILY LOTS � � IIAXTER MEADOWS PIJD BOUNDARY ER AD DETACHED EXCLUDE O RIGHTS-OF-WAY AND PARKS/OPEN SPACES. NOTE: ❑ MHDIUM DENSITY S INGLE•FAMn.Y LOTS EXTERIOR RIGHT-0 F-W A Y ATTACHED/DETACHED .':ce(SieFi,>T.�•.':.'.•::.':::.'.•:.•:. .•.:•:.:'.. HIGH DENSITY SINGLE-FAMMY LOTS(RSL•s) ❑ INTERIOR RIGHT-OF-WAY ':.yam•'::::::::::::::::::::::::::::::::. ATTACHED/DETACHED •• •'•:•'•:'• .... ❑ MEDIUM DEMSTY MULTI-FAEtII.Y 1.0T9 REGIONAL PARK CATTAIL LANE NEIGHBORHOOD MOMD-USE 7 F RIOR R.O.W. LE COMMERCIAL RESIDENTIAL MD®-u sE1DTs EXTE U r-- 10o AL R. .W. -RETAIL CODflfERCIAi. OFFICE yti. DAMS I.AP(E TOT O -HIGHD ENS 5 CARTER LANE Foo a 6 -HIGH DENSITY MULTI-FAMII.Y RESIDENTIAL a CATTAIL LANE 9G CTR A�R�I W RESIDENTIAL NEIGHBORHOOD SERVICES 3 2 RGUSONAVE 9O El RESIDENTIAL Q VAQUERO PARKWAY HARPER AY 75 R.O. -MIDDLE SCHOOL ARPERPUCR ROAD 120 -BARN/BED&BREAKFAST 1 • -VETERINARY CLINIC BARTER LANE o ISo' Sao 600' PHASE KEY I 4 Scale in Feet North SURVEY PURPOSE: TO CREATE 50 LOTS PLAT OF BAXTER MEADOWS SUBDIVISION, PHASE 6 1.THE COMMISSIONER OF THIS SURVEY IS PC DEVELOPMENT spotdisked In ellond edge rield�of this point was surveyed try others and A PARCEL OF LAND BEING A PORTION OF TRACT 2A OF CERTIFICATE OF SURVEY NO. 2202A, the LOCATED IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., 2. The gas easements shorn are for use by Nonh.estem Energy CITY OF BOZEMAN. GALLATIN COUNTY, MONTANA (NNE)and their succemore in title and arc not intended to be used for any other type of utility. TOTAL AREA 11.28 ACRES 3. The hatched areas adjacent to P.P.W..A&B ore water service maintenance easements. No permanent above ground structures other -) than concrete floc-rk are allowed. There is an easement for City services across all of P.P.W.A&P.P.W.B. Thera are no general Utility Easements within these parcels e.cept where specifically shown. 4. The Public Porks being dedicated to the City by this plat are to 1 be maintoined by the Homeowners Association until such time as a f ro rrc 1—IA1 I [ city park maintenance district is established to do the some. I I i 5. The following pocels are intended to be owned and maintained by c I FLOW f3fv the Homeowners Association: the Open Space[Public Access]parcel [ ( I 4e75.05• / In Bock 14,and P.P.W.A&P.P.W.B in Black Ili. 6. The watercourse setbacks do not take into account existing 25X I slopes. The setbacks shown are allowed by'administrative relier f ro vzc I13w1,.$) I I i REMAINDER OF TRACT m 2' hest s) provided for under Unified Development Ordinance 18./2.100(8)(1). .L I C.0.5.N0.2202A 0_*rf4 o z xa941-.2T,rtMu an,A 7. The flood aerations one flooepan boundaries are for a too year flood and nere determined under the direction of the Project engineer. soar I [ L 1C_ ^p The flood elewlione shown am on the City of Bozeman Vertical Datum a I I REMAINDEROF ELT �U��yl Wm• "ILL••• as determined from a benchmark with an elevation of 4687.12'on I I I I $r the aro.bell of the fire hydrant at the northwest comer or Gallerney —�[ I PUBLIC STREET&I7TIUTY C.O.S.NO.2202A OOC.12103145 Street and Gallatin Green Boulmrd. r`EASEMENT DOC./2103,{3 ,�81'S8'O?�1 N89'41'fiY'E 27&4Y (EXHIB.C&B) via 6134, / A 8. The park requirements for Lots 5&6 of Block 14 hove been NW41'57E 53119' � 'A' !124' . g 100 YEAR ILOOD- met for up to 17 dwelling units. Development of more than 17 units snot $ PUBWC PARK E _i 2y / IT PLAIN BOUNDARY rill require aither an additional cash donation in lieu of land PUBLIC WATERU &STORM DRAINAGE A—__--_-- ----2671 _________ YE I = dedication, r an altemalire authorized by 18.50.100,U.D.O and POINT OF BEWND10 EASEMENT DOC./2210035(EXHIS.B)IS NOT - 10911'Srt , y approved by the Bozeman City Commission. NE COR PHASE M SHOWN WITHIN KIMBERWICKE STREET ' Nfi9'1,'S72 2WAY tM'—_—_—$—_J rLaaljlB WETLANDS B KIMBERWICKE STREET 8 i DEctwcuv MAI2N15'TRAIL EFIVICE •9 r SIDEWALK NOTE --T----------- EASEMENT sn 98.73' I 105.00' 218.1' CITY STANDARD RESIDENTAL SIDEWALKS SWILL BE CONSTRUCTED ON oaar _ (yp Itl�az3A1_.__._.__ax&x-.----.-Isar--._ .xaa.--.- "°°'-'----', _.__.__.__.__.__.__.� 20. _.__.__.__.__.__.__.__.__.__.__. W i .__._ .__.__.__. i 3„ i ALL PUBLIC STREET FRONTAGES Of A PROPERTY PROPERTY. TO r N4r cAs u5na�s' $ r .wE cAs rAs;,vUn-=5 I [$ + OCCUPANCY OF ANY STRUCTURE ON THE PITON OF WON THE d�NNr cAs rASE1mrt ' Itl 11--uwr TASE a W,ar ,,{ THIRD ANNIVERSARY A OF THE PLAT WHO N OF ANY PHASE OF Il I 5 5 5 ! I ' T �� I 2S•OOCH THE SUBDIVISION.ANY LOT OWNER WHO HAS NOT CONSTRUCTED SAID o S,ot s ' sit 3 I 3 2 = 3 8$ 4 p R v1]s ]L arum uscuDn 1s >� SOEWALK SHALL WfTHOUT FURTHER NOTICE CONSTRUCT WITHIN 30 V �4 ^i , 1 xm7 s $zem s b xeee sr a zm1 s , DAYS,SAID SDEWALK FOR THEIR LOTS,REGARDLESS OF WHETHER L i - RSL p - RSL RSL ------------u OTHER IMPROVEMENTS NAVE BEEN MADE UPON THE LOT. k 41eP4rsrt :,f Nes•.,•Srt xes•21•mw I aoo' Is Im.31' "'L Im.ar 42ar 4, SEWER EASFM! I 4s73• I HIGH GROUNDWATER NOTE sewn vsEs 12 I r I 2 [ 12 1—/' r� N69.11' I i 42a23< i^ W,S SF �-g--N8911'S7�---------h�o ie w.,t' I i Itl I I DUE TO A RELATIVELY HIGH GROUND WATER TABLE WITHIN THIS aa' i i R ,19.11' 5 , _T - SUBDIVISION.FULL OR PARTIAL BASEMENTS ARE NOT RECOMMENDED A uwrc rrSNOr-�js' I 1 ,_ 4202_N, Jrn_d2A7-_ aims s OPE7ySPALB WITHOUT CONSULTING A PROFESSIONAL ENGINEER. 0 Na411'srt N6P41'Srt ' I i 3, ASFA q ss�i 2NSaA `l y xs,85r PUBLIC WATERLINE AND [PUBL)C.,ACM] IlXlm' 10aW' ' i Na1E/J , '� I RSL I SiORMDRANAGE U,SEMIM I .70s0=Y SEE NOTE 1 ' 20 R ID• 1 DOC./2210035(D%HIB.D) I / gg IB SI62 s _ N 9 480 Isms ( ffiI eases l 19 ab HRSLy, L I IB�4,'srt 5 byQ 2656 Sic sere GSFNFNr.119 I w yip• 1 i I L- 't 14ep1,i1 66a0' `� RSL ml Doe' N8P41'S7T :,(- 1U�;,, Neff11'Srt ! ._ r / / 1o1.3s' los.0a 12II9--- _.¢zm'_. in B s4,'art self us Y Ne AeTd:,' y FAYIIOr,—�j5' N a ., ' 4 14 Iw I rresll'srt er.ar 1 I IBm 3 4939 Si iO 11'574 5BA0' i3 8 to I to T = I 22 4 > s g I Z L� i N1741'!.rt "� NePIr5r'E -' 2856 S .7 pp RSL II+ M] �'tl /4 `T7• I., r I g 1m.a5 i RSL , M '- n, i L 41Q ,.ar No Aac6s sllrp 5 15 bJ rmr4rsrt alas i I g :% •,+ 0 40' 80' 120' NDNa IERlsrsarl AVE I 12 Ian s ' !N1941'srt rem' a ,z V. o I I I I I I I 16a1 ss I I z q !� !•' `s 20I1IIL"",,',',',' 'tl H w r % i°v S C A L E i 8 Ire PUBLIC 23 1 g p44 Sr I $/ %/ BEARING B/515:PUT OF gAXIFR MEADOWS N8911'Srt I N6p4,'Srt ! PARK G 21460 3 . 2BSe SF JJ t W.15 ,OS.00' I RSL R 6 ' ' // /1 ry SUBOMSION PHASE 2C&2D 1 I si--Nsx rAs uauun $$18 (D ,y W 13 PUBLIC PARK A Son s �R I BR PUBLIC PARK B]IW s< i$ smEn ucmlW W.1'srt ' id I xev41•Srt I rm94I'srt . ' i s ' I uurn+r•,r.Rurm i sao0' SSti a.W' ,x3s' tl IBpII'SYE ,,,rL g 1 1aJ„ ' $ I w A' I PARK D tsxoPUBLIC s $ PUBLIC PARK z 1WSW "L 'moor � ________ _ r� Wi fs I __________________._______. 4_I..__�__________.___ o - a - o j R 1 i - N64(1•srt ' i runraro7t N6Y4rart , ---- Nava•srt 1m.7s• 0 �a I 1 SMSOL a! 8 I 18 w - i sore' -1's awes' --Jal?133_ _H3n ------r_ nuoo�,/ 4i N Z I I 41m 34 if y Aria Sr !� I Q i 2658 SF I,� i I I I / m'-�• y . FD YPC(12251 S)•EXCEPT AS NOTED ' N6P41'Srt I G�, NerlYsrt 1 ' rU �i RSL r $ 10 tl' urtm 1! /: ga g • FD 2'ACM[12219 l51.EXCEPT AS NOTED Y —Sc I e �l i�� ED lnocr I O NeY11'srt `d1V I Q ® 5/8'RB AND YPC[12251 S]70 BE SET a�[r ,m33• I i O 1 enar Itl Nea41'Srt ' I Iv yl ' n = a.W. i - I EXISTING WEIWID 1/2'RB AND ROC f12251 S]TO BE LL I Ipy 3 1a a 5071 S: ' I 25 N I 1V b I ' +8 i i LD(ATX1N FROM OTHERS W a SET AT POINTS OF TANGENCY&CURVATURE IgT44,'5rt m.l1' 2855 SF I ! I.'7 D SURVEY BOUNDARY LINE r I T ! RSL 11 QQ I _--_-- ' S IC I+ �_.STIla_.__ 63115_. 214 11 I 5072 Y M a Y EXISRNG EASEMENT ! ,W91,'srt to .. Netr4,'srt 1 8' N6441'57% rL RSL i i im.ar ! I I q mar NB9.4,'Srt ' ( ' �1' —__— TRAIL MNNTENANCE EASEMENT j I la ` I s 27 64A0• i I I I ^ _.._.._.._ DITCH EASEMENT IB28 6 ' 4842 7 _ teen Sf 2W Sr b mT 28 siR rtl ' 1 - i I __.__.__.__.- GAS EASEMENT I I !- m a' im¢o NaA ' A 12 I.� I I Sz138i s I I UTILITYEXCEP EASEMENT NOTED I 1� ___________i 3'WacHM Nor, a. sic rrom 13 i5 RSL i N6a11's74 ' ' N19{I'Srt i !I 4E NaIE p 1a.a• ' v m Snrm'Wt 1 1 ' ( CENTERLINE OF SPRING DITCH __________ STREET UCIAINC ELECTRICAL EASEMENT i -{IL7 ------- a 1' - 17, MITV411FIX I 25'TRML��a IS' r-� -_--- PATIO EASEMENT g! 9 IB p -•--•_—S8W41'57w—-—-—-—_'--'-�Nt ell' 51m. i I i MAINTENANCE �i I — fYl 119.11' LOO DITCH $i ASIA s< I 1610 s< 42.ar ILW' b 1 r PUBLIC PEDESTRIAN WALKWAY ) 1g -ter 1r Tau'a, 14' P.P.W. Mm•11'S7T uFL N694,'57 E ' I i i4 I j SEWER EASEMENT ' I�m RSL RESTRICTED SIZE 80T SzS23'2]t 0 PER LIDO 18.12.IB0 1 taer •'L� Ios.W' xuf 13 ' g ! s I iaJ^ i 1 17 l 16 t § 16 J. 4m. ' H Tz Sse7 Sf 1 i AGP ALUMINUM CM j $I 31a2 SF b$ 2m SF m$ 2m S m$ 14 f I Par YEAR N AOD- i 10 $ 20 I $ $ RSL B RSL 3 2731 v $ I I PLAN BOUNDARY YPC RED PLASTIC STIC C CM 16 � p $1 F I Srp yy Y _ FAs[N[Nr ( N /7) CAP i t I Y Y s s 4 RED PUtiSRC m 1 aI65 s ' Y IlL 1rWE GIS EISENFM-�jS te'��-Uwr fAti Der �]' NwE fA9 rcuFM-.-jF 4.12'I ' I _ nor Itl T uS ESENDII 1 I I ______ k9 REFERENCE MONUMENT I ' --- -- y. i �. __. -'--' --- -'--'--'- sn m ---., --ram----------- ' RM ENC _._ ._m PU .__.__.__.__._�. �_.__.__.__._J fi0 77.W_.__._ ��.__. _�_.-_. 17�_.__ 75.17.__.__._ ,,.569'S5'1 N FOUND 2 .1/ PUBLIC WATERLINE 2 STORM DRAINAGE [12251 S] MONUMENT CM INFORMATION xNE Ll4INDn SBff41'S7'W EASEMENT DON. (THIN 11 (EXHIEL C) 7�'�' PUBLIC WATERLINE&STORM DRAINAGE �35' / NEAR PARK NT POINT OF NON-TANGENCY • `wE 6 NOT SHOWN WITHIN MWOIOUSE AVENUE R MEADOWS SUBOMSION.PHASE 2C&2D BSI 0 B S SEWER EASEMENT (DOC. PLAT OF GALLOWAY STREET PLAT Dy BA%TE GALLATIN GREEN BOULEVARD Fl WS R M60,-ZA ' EIiV SIGN P1fAsc SHEET 1 OF 2 516-Ph6-PLAT.dwg gg• SUBO —� DRAWN BY: JLN,SA DATE: 1216/06 QUALITY CHECK: 1 SURVEYED BY: JOB NO. B05-016 1 FIELDBOOK 140/73 TD& THOMAS,DEAN&HOSKINS,INC. 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SE A,vcNUF ts IM r �} r (n ro � + + + + t o G+- ------- 3+00 2+00 ------ a, ► PRO. B M P.P.O.A — J S + 1 9 CA to co n +2 6 0 0 42 8 g ` 5 8 0 j o +1 n +9 '+0 ro 99L 45 91L 33 i m r o o co -2 N N +02 + + + SD GALLATIN GREEN BOULEVARD L+ 22+00 23+00 �0 25+0b 26+00 7+� 28- +74 +67 +47+63 +93 a • - ^fit•.:.-f=�-------_=`'^--� `� a, 1 1 .1 3- 72 O I . — �. rn 4 cn V Y r<v 0 0 v o BAXTER MEADOWS PHASE 6 m m > M BY DATE DESCR REVISIONS 6z!" rn m z m o z �3 BY DATE DESCR ° BOZEMAN MONTANA v 0 X i m .. BY DATE DESCR m THOMAS,DEAN & HOSKINS,INC. BASE MAP TD& ENGINEERING CONSULTANTS GREAT FALLS-BOZENAN-K�WSPp.L-MELENASPOKANE MOMANA ILEMSTON WASMINDIWD 110 E7061ING E7IOSTING COKPROPERTY DAIRY FARM _ - - i• FUTUREMIDDLE SCHOOLSITE ;; Nmm2Rwloiasr. mmenwec�sr. dug a a 5 rroancr P E JFK � a �\ PHASE 2B —� d D' couNlY [T � G✓f1 RESIDENTIAL ,.7 EXISTING On - ------ .7 I I M I I --- - - CLINIC _ - p,�LOWATSIn88r.- -- - - wunw.NYSIxW E y a _ >, PE ASE 2 &Quamu NIAN2: 1 a P IRAI�lTRAM �. �+ Dowsr. pp 9g OUSTING RESIDENTIAL ; 3i �I • FIANDSRSMILLRD — ...... IL I_lyI �a BAXTER OWS WEST WINDS P.U• D• p 9UBDMSION PHASING- PLAN - •' G 1 Prepared by: PC Development Last Update:4-18-06 S Legend: Q OPENSPACE/PARK — PROJECT BOUNDRY LOWDENSITYSINGLE-FAMILYLOTS © FINAL PLAT APPROVAL(i,2A,2C,2D) ttttggqq •• •"'- DETACHED MEDIUM DENSITY SINGLE-FAMILY LOTS © PRELIMINARY PLAT APPROVAL(2B,2E,2FSA,SB) :. IfI13a7.G.. ..................... ................ .................... .. ...... ATTACHED/DETACHED ...................... ....................................... OHIGH DENSITY SINGLE-FAMILY LOTS(RSLb) ATTACHED/DETACHED PRELIMINARY PLAT REVIEW(26) Pngpo 1 o P MEDIUM DENSITY MULTI-FAMILY LOTS (_ CONCEPT APPROVAL ONLY(4,SA.SB,7A,7B) RESIDENTIAL NEIGHBORHOOD SERVICES ® EXTERIORRIGHT-OF-WAY NEIGHBORHOOD MIIIED-USE INTERIOR RIGHT-OF-WAY ......................... ...................................................... ................... ®i • -RETAIL/COMMERCIAL/O COMMERCIAL/RESIDENTIAL M<REIYUSE LOTS B REGIONAL PARK • m' •:•:':•': •'• FFICE -MIXED-USE -HIGH DENSITY MULTI-FAMILY RESIDENTIAL .... •::::::::::: I(g OANe{�:.:. .'::.::�.:�:.':.'::::.�.:::. :: .a................ RESIDENTIAL NEIGHBORHOOD SERVICES .•y�R':••: • •• ..::::••::: . YMCA -MIDDLE SCHOOL BARN/BED&BREAKFAST VETERINARY CLINIC - Not to Scale ............. North CTR • �� I`_ , • • BAXTER MEADOWS PHASE 6 CURRENT ZONING CLASSIFICATIONS Prepared by: BAXTER MEADOWS WEST, LLC Last Update: 2/01/o6 34 —WETLANDS SLTBACKB 2 "G"LANE I a O ° LEGEND o R-g(RESIDENTIAL,MED.DENSITY) B-2(COMMUNITY BUSINESS) _ FFTMU UVTBERwICKE ST. ® PHASE 6 BOUNDARY -- ks e O PLATTED BOUNDARY LINE H,\B tTlgdows\IMages i i GALLOwA 3'STREET ppUALLUWAY I q ALLEY 0 jyy k _ ( EQerr�s 1 • li �i 'T DRAWING NOT TO SCALE • North -EXHIBIT D- f i � � • • • BAXTER MEADOWS PHASE 6 ADJACENT PROPERTY OWNERS . PHASE 6 AREA PROJECT BOUNDRY Prepared by: Baxter Meadows West, LLC 200' ADJOINERS' BOUNDARY Last Update: 2-01 -06 PHASE 6 BOUNDARY PLATTED BOUNDARY LINE 200' ADJOINERS' BOUNDARY 1,7. Sweet Leaf, Inc. 8,32-35. Baxter Meadows Development L.P. 520 Summer Ridge Rd. P.O.Box 81487 Bozeman, Mt 59715 Billings, MT 59108 0 0 2. Michael C. Koelzer 9,10. Arasta Management Group, Inc. N 3306 laredo 322 North 20th Avenue Bozeman, MT 59718 Bozeman, MT 59715 3. Donald Olsson 11. Ty & Crystal Spring 0 0 P.O. Box 10025 177 Droulliard • Bozeman, MT 59719 Bozeman, MT 59718 0 0 4. Bryan & Shawna Nielson 12. Travisties International, Inc. 12 West Hayes #F4 3618 Bungalow Lane Bozeman, MT 59718 Bozeman, MT 59715 5. Norma Catherine 15-20. Brion Potter Family LLC 362 East Shore cliff Place 1105 Buckake Ave Oro Valley, AZ 85737 Bozeman, MT 59718 o GALLOWAY STREET 6. Gary & Carol Lister 21-31. McCormick Development Corp. ® w ® ® w P.O. Box 949, 101 South 6th w o 320 South Main Lowere Level Bozeman, MT 59715 ALLEY Bozeman, MT 59718 _F] _: Ch • 0 50' 100' 200' Scale in Feet North -EXHIBIT" E- _—-- • . t a :� •,, �� ; i� :J �i 1 � � �� } I •1 i r, BAXTER MEADOWS SUBDIVISION .. PHASE 6 MASTER PLAN • C SOILS INFORMATION L Due to the relatively small scale of this site, there are only two 5V soil types founds within its boundaries. These are the Blackdog Silt Loam 50B and the Enbar Loam 509B . The ma at right I I I I P shows the general outline for Phase 6 of Baxter Meadows and the locations of the two soil types within this phase. BlackdogSilt Loam 50B is the dominant soil e in the western f, � ( I type 509B 509113 part of this development. This soil contains 0 to 4 percent slopes and has a deep loam surface texture lover 60 inches in depth). r . Blackdog Silt Loam is derived from loess parent material. 0 F.X, Recreational value for this soil type is listed as "slight' for all uses, WD meaning it is favorable for any recreational application. The Enbar Loam (509B) is located in the eastern portion of this phase. This soil also has a very deep loam surface texture and slopes from 0 to 4 percent. The Enbar Loam tends to be a poorly drained soil, with alluvium parent material. Due to its tendency to be slightly wet, this soil is classified as "moderate" for both picnic area and playground development. Construction of trails in the area of this soil is favorable, with a classification of"slight' for this use. • -EXHIBIT F- I • • i E i { f � • . . +�+ � I II • j I. PBS]e I * An employee-owned company July 12, 2006 Lanette Windemaker Bozeman Planning Department 20 E. Olive Bozeman, MT 59715 RE: Baxter Meadows Phase 6 Park Plantings Dear Lanette, The Phase 6 parkland within Baxter Meadows Development includes Spring Ditch, a natural stream that was historically ditched during ranch operations. The stream is located along the east side of the parkland and flows north. A 50-foot setback has been established from the western edge of the 5-foot wide wetland and extends 50 feet west into the adjacent open space; the entire setback is therefore 55 feet wide (Figure 1). Spring Ditch Wetland Mitigation Improvements to Spring Ditch represent a significant portion of the wetland mitigation efforts within Baxter Meadows Development. Mitigation occurred during the spring of 2005. There are two zones within the streamside mitigation area: wetland and transitional. The initial 5 feet(average) is classified as the wetland zone and is vegetated with sedge,wetland forbes, and willow sprigs (cut willow branches that develop into mature shrubs). The embankment upslope (10 feet average)of the wetland zone is classified as the transition zone and is vegetated with a native seed mix and containerized shrubs and trees. The wetland zone was widened for mitigation purposes from a width of approximately 2 feet to a width of 5 feet and seeded with a wetland seed mix(Table 1). Willow sprigs (10-15) were planted along the edge of the wetland adjacent to the flowing stream. Asa result of these changes the wetland has been classified as"enhanced" according to Army Corps of Engineers wetland mitigation terminology. The transition zone was seeded with a native upland seed mix(Table 2) and planted with containerized shrubs (10-15 dogwood, aspen and willows). 3810 Valley Commons Drive-Suite 4-Bozeman,Montana 59718-Telephone 406.587.7275•Fax 406.587.7278-www.pbsj.com • which has been seeded with a native upland seed mix and includes containerized trees and shrubs; this area cannot sustain wetland species because of the steep incline and subsequent lack of hydrology. The remaining 18 feet of the 33-foot wide Zone 1 will be seeded with a native seed mix(Table 3)and planted with a portion of the 18 trees and shrubs included in the landscape plan (Table 4). TABLE 3 ZONE 2 NON-IRRIGATED AREA GRASS SPECIES Common Name Percentage of Mix Western Wheatgrass 40% Slender Wheatgrass 20% Thicks ike Wheatgrass 10% Bluebunch Wheatgrass 10% Sheep Fescue 10% Sherman Big Bluegrass 10% TABLE 4 ZONE 1 (EMBANKMENT)AND ZONE 2 TREES AND SHRUBS Species Common Name Sorbus decora 2 ShowyMountain Ash Cornus bail i 3 Red-twigged Dogwood • Acer ginnala 4 Amur Maple Salix x Prarde Cascade 3 Prairie Cascade Willow Cornus racemosa 4 Grey Dopwood Fraxinus. ennsylvanica `Ber eson' 1 Bergeson Ash rin a reticulate 'Ivory Silk' 1 Japanese Tree Lilac Zone 2 Zone 2 will be comprised of the remaining 22 feet of the 55-foot wide setback. This area will include a trail, shrubs and trees, and an area of irrigated and non-irrigated grass. Between the trail and edge of wetland along the watercourse a native seed mix will be used; this native seed area will not be irrigated however, it will be mowed twice yearly to control overgrowth and weeds(Table 4). Between the trail and western edge of the open space a non-native mix will be used which will be irrigated and mowed(Table 5). Tree and Shrub Requirement The UDO requires that 20 trees and shrubs be planted within Zone 1 and none in Zone 2. The total number of trees and shrubs already planted and proposed within the landscaping plan for Zones 1 and 2 will exceed 40 plants. I• PW • TABLE 1 STREAMBANK FREQUENTLY SATURATED ZONE SEED MIX Species Common Name Grasses Calamagrostis canadensis "Sourdough"Blue-joint reed ass Descham sia caes itosa Tufted hair grass El mus lanceolatus rl arium "Sodar"Streambank wheatgrass El mus track caulus "Revenue"Slender wheat ass Gl ceria striata Fowl manna grass Poa alustris Fowl bluegrass TABLE 2 STREAMBANK UPLAND/TRANSITIONAL ZONE SEED MIX Species Common Name Grasses El mus lanseolatus "Critana"Thicks ike wheat ass Pasco rum smithii "Rosanna"Western wheat ass Poa canb i "Canbar"Canby bluegrass Forbs vicia americana American vetch • Lu ius ar enteus Silverleaf lupine Gaillardia aristata Blanket flower Echinaceae ur urea Purple coneflower UDO Setback Requirements The UDO requires that a setback be vegetated according to zone delineations: Zone 1 would consist of be 60%, or 33 feet,of the 55-foot setback and Zone 2 would consist of the remaining 40%, or 22 feet. The UDO further requires that within Zone 1,the initial 30%(10 feet) be planted with"native riparian sedges", etc. and the remaining 70%(20 feet)be planted with a specific density of shrubs and trees (one shrub or tree every 25-35 feet or 20 individuals for a setback length of 725 feet). Zone 2 of the setback would represent the remaining 22 feet of the 55-foot setback and be comprised of native grasses. We propose that these Zones be adjusted to fit the current topography and wetland mitigation zone area. Current and Proposed Vegetation Characteristics Within Setback Zone I The length of stream within the Phase 6 parkland is 725 feet. Within Zone 1 there is a 5- foot wide wetland/sedge zone, which includes willow sprigs that will develop into mature . shrubs(Figure 1). Upslope of the wetland zone is the stream embankment(10 feet wide) i • • TABLE 5 ZONE 2 IRRIGATED AREA GRASS SPECIES Common Name Percentage of Mix Kentucky Bluegrass 60% Perennial Ryegrass 25% Creeping Red Fescue 15% Maintenance The wetland mitigation area will be monitored for 5 years to satisfy the Federal 404 Permit requirements; no tree or shrub replacement will be necessary. Weed control within the mitigation area will be maintained by the Developer until this duty is turned over to the Homeowner's Association(HOA). Trees and shrub replacement and weed control from the top of streambank to western edge of the 50-foot setback will be the responsibility of the Developer until the HOA takes over the duties. The proposed 50-foot setback plantings and current vegetation composition along the Spring Ditch streambank will provide more plants than the UDO requirements. Thank you for reviewing our current vegetation profiles and proposed planting specifications. If you have any questions concerning the above information,please call me at 580-6993. l • incere , L r Bacon etland Scientist/Biologist Cc: Jerry Williams, Baxter Meadows Development; PC Development: Harley Huestis, PE PM Figure 1 Cross-Section Watercourse Setback Baxter Meadows Phase 6 7-12-o6 io'Paved Trail Irrigated or Non-Irrigated Native Grasses on-Irrigated Depending on Area 40 10' S' Stream Planned Upland Transition Wetland Zone Zone (Existing Vegetation) 22 33' U.D.O.Zone 2(40%) U.D.O.Zone 1(60%) 23 10' 70%Zone 1 g0%Zone i An employee-owned company Harley Huestis PC Development 3985 Valley Commons Drive Bozeman, Mt 59718 February 20,2006 RE. Phase 6 Wetland Assets Dear Farley, Phase 6 within the Baxter Meadows Development includes Spring Ditch, a natural stream that was historically"ditched"during ranch operations. The stream is located along the east side of Phase 6 and flows north. Improvements to Spring Ditch represents a significant portion of the wetland mitigation efforts within the Baxter Meadows Development. Mitigation construction occurred during the spring of 2005 and thus vegetation development is in the initial stages. The wetland fringe along the stream reach within Phase 6 was expanded for creation credits; approximately 10 feet of wetland fringe was added along the west side of the stream course. A berm along the west side of the stream, which was a"waste"pile that resulted from ditching the stream during historic rands-4.practices, was removed and the banks were revegetated with grass seed, aspen, chokecherry and willows. South of Phase 6 and north of Baxter Lane, both sides of the.stream corridor have been enhanced by removing the adjacent soil berm, and willows have been planted within the wetland fringe. North of Phase 6,the wetland fringe along the stream has been expanded and a large quarter-acre area just south of Cattail Lane and west of the stream has been converted from upland to an emergent, scrub-shrub wetland. East of Phase 6 and adjacent to the stream a 0.6 acre upland was also converted to wetland. Avian species noted within the Phase 6 stream corridor include Short-earred Owls, mallard and American Robins. Though the owl sightings were a rarity,the avian use of the stream corridor should be much higher, but given the lack of shrubs and trees along the stream prior to mitigation efforts, avian use in general is quite low. Vegetation enhancement of the stream banks and expansion of the wetland fringe will increase the use of the stream corridor by raptor and migratory song birds. Though typically we do not encourage the placement of trails though a wetland area, the public use of wetlands recreationally(adjacent trails), educationally(plant and wildlife identification), and for consumptive use (fishing) increases the Recreation/Educational 1 3810 Valley Commons Drive o Suite 4^Bozeman,Montana 59718^Telephone 406.587.7275^Fax 406.587.7278 o www.pbsj.com Potential functional value of a wetland(Berglund, J. 1999. MDT Montana Wetland • Assessment Method). Over time,the wetland areas will require shrub and tree replacement and hi- to tri-yearly weed control measures. Trails will also require maintenance and anti-vandalism measures in the event any aspect of the wetland and trail systems are damaged by humans or animals. If you have any questions regarding the functional value issues of the wetlands within Phase 6 or adjacent to Phase 6, please don't hesitate to call (580-6993). Thank L acon �/ tland Scientist/Biologist I • 2 October 1, 2004 Allan Steinle Army Corps of Engineers 10 W. 15`h St., Ste. 2200 Helena, MT 59626 RE: Baxter Meadows Mitigation Progress: Baxter-Border Ditch Mitigation Dear Allan, We have begun monitoring of a portion of the Baxter Meadows Individual Permit, ID #2002-90-091 mitigation wetlands. Jean Ramer is the project manager, however, in her absence I am forwarding this letter and mitigation information to you for review. The following wetland impact and mitigation proposal specific to the Baxter-Border Ditch was processed as an addendum to the IP (Amendment 2: July 25, 2003). { • The Baxter-Border Ditch was filled during the early spring of 2004 to accommodate the widening of Baxter Lane at the future Ferguson Avenue intersection. At.the same time, the stream was moved to the north side of Baxter Lane as close to its historic location as was feasible. Meanders, pools and riffles were incorporated into the restored stream reach. The saturation zone was seeded with a wetland seed mix and the upland banks with an upland seed mix. Willows were sprigged in groups along the entire length of the stream (Bebb's, sand bar and yellow). Containerized aspen, choke cherry and red-osier dogwood were also planted. During this first year of monitoring (same year construction) our goal was to monitor the general progress of the mitigation effort by observing vegetation cover and viability (wetland and upland); weed presence; and bank stability. The saturation zone adjacent to the stream is currently 100% vegetated though wetland species within the seed mix have not matured to dominance; wetland vegetation cover is currently approximately 40%. The soils were not examined. Point bars and banks are saturated and willow sprigs are thriving with some new growth over 5 feet tall. All containerized species appear to be thriving however it is expected that there will be some mortality. Upland floodplain bank vegetation coverage is less than 100% and will likely need to be reseeded this fall or early next spring. Weed coverage is approximately 10% with low incidence of noxious species occurrence. The banks at the ordinary high water mark are stabilized with coconut fabric and the entire length of the bank is stable. -EXHIBIT G- l . I have enclosed a photo page with four photos of the restored stream. We will establish two vegetation transects adjacent to two of these photos in 2005. We will continue to monitor the stream until 2006. At that time, or before if appropriate, we will delineate and survey the wetland boundary and check our goal of 0.16 acre stream restoration credit. Thank you for your reviewing this mitigation effort and please call me at 586-1411 if you have any questions. Sincerely, Lynn Bacon Wetland Scientist/Biologist W-10 VAc LUM o rm TABLE 1.0 - WETLAND SUMMARY TABLE -- --- ---- ---- -- ---- WETLAND WETLAND JURISDICTIONAL vk'R.AND IMPACT ESTAMJSHED OPEN naN ETOIAN�'LETJT LANNED BUFFER M noN T BUFFER m O ICE IDENTIFICATION sTATUs d� ACRES WATER ACRES MITIGATION MITIGATION MTIGATION MITIGATION MITIGATION MITIGATION (1.5:1) (4:1) (5:1) W-11 RIVERINE W-1 Q Y 0.04 M92 1.97 M50 1.52 0.50 fOD.S'ISPV \ ws G00H rrt°Pfzrov RIVERINE W-3 Y 232 0.340 0.79 251 0.79 0.30 ' DAMN PAODf � W_3FUMRRMDDMSM00LSf18 "' iz CLNd IN LAND SOLD TO SCHOOL DISTRICT OEPRESSIONAL W-4 N 0.88 N/A F ? NO IMPACT OR MITIGATION PLANNED g 3 4 DEPRESSIONAL W-5 Q Y 281 0.07 1Q DEPRESSIONAL W-7 Y 0.41 0.41 -EXCAVATION `�� OEkm PRES90NAL W-E Y 10.83 1.59 1.Z8 1.13 1.84 1.26 1.13 0.58 / D„m�,®ca me'nwf�x i W-8 DEPRESSONAL W-10 N 1.23 N/A DEPRESSONAL W-11 Y 0.74 0.74 ARTIFICIAL W-2 © Y 0.75 (om-01T01 80) Moo) Z M oa-ismm oa cC yy� / ARTIFICIAL W-6 ® N 1.94 N/A U Z cO,CREATED LACUSTRINE 0 1.30 0.81 c m REsm LAKES 6.40 '0.13 yj rwsf>ND TOTAL. 28.25 4.11 10 6.40 6.49 1.63 4.45 4.18 1.63 0.88 0_ 4 cumc WnGATION CfEDRS 4.90 f• - 3.66 + 0.41 + mm 279 + 0.41 0.16 Z N E MITIGATION CREDITS TO DATE 3-M Z m m N m Y _ IMPACTED TO DATE S09 ¢13 Vy�l 1 F BALANCE_ AC NOTE: N/A = NOT APPLICABLE (NON-JURISDICTIONAL) '�� ` 5 10 IMPACT ACRES HAVE BEEN DECREASED FOR EXEMPT ACTIVITIES: W-3 IRRIGATION HEADGATE, W-5 IRRIGATION PIPE rawve •••�•�•� TABLE 2.0 - WETLAND DISTURBANCE AREAS ®°g'pO •'3•, 4 Oi ROAD, WATER = 1411 SF ©ROAD = 3143 SF rlPsmrnvfuL "C II• O TRAIL = 600 SF ®PIPE BEDDING = 1.440 SF: EXEMPT 2 �®ROAD, WATER 1440 SF TOTAL IMPACT=3,143 ev(CAT ACRES) -3 H @ ROAD - 2093 SF 3 �. O TRAIL = 600 SF W7 O a I® /@ ROAD, SEWER, WATER = 17796 SF ®EXCAVATION = 17,860 SF 9 81� V (o FILL = 9869 SF TOTAL IMPACT=17,860 SF(OAt ACRES) LEGEND � a I Qs ROAD = 1560 SF YMCA ®ROAD = 2630 SF cc CREATION MITIGATION PAs® ®ROAD = 0 SF (-2340 SF: ORIGINAL AVOIDANCE) ©ROAD, SEWER, WATER = 26473 SF W _ ENHANCEMENT MITIGATION ® ®TRAIL = 600 SF ✓ 1®ROAD, SEWER, WATER = 40729 SF UPLAND BUFFER MITIGATION $ ICI 3 TOTAL IMPACT=40,081 SF(0.92 ACRES) ✓ ®CULVERT = 2178 SIF F TOTAL IMPACT=89.380 SF(1.99 ACRES) m BRIDGE (PROPOSED) I W 3 r_ b 11 ROAD - 1438 SF W 11 a IRRIGATION RIGHT PIPE u �© ROAD, WATER = 6120 SF W-4 ®ROAD, SEWER, WATER 12164 SF -••- PHASE I BOUNDARY m w�v'° 2�HEADGATE FOR IRR. RIGHT = 45 SF: EXEMPT / S�:e� oo ®ROAD, WATER = 1300 SF O LOTS = 20481 SF H G HEAD GALE ® W-7 O STREAM BED FILL AND SEAL = 0 SF TOTAL IMPACT=32,649 SP(0.74 ACRES) IL ®-® TRAILS = 3600 SF (AVG. 600/EA) W2 a Q a sect \ ®ROAD, WATER - 1100 SF ®ROAD - 928 SF ~ z W-1 ®ROAD, WATER = 1100 SF ®ROAD = 314 SF m W- { W-2 TOTAL IMPACT=14,8S8 SF(0.34 ACRES) ®ROAD - 610 SF Z W a ws,eis's°ND ®RESTORE OLD DITCH CROSSING IN EXCHANGE TOTAL IMPACT=1,852 SF(0 04 AC) W-3 sue""°" FOR NEW TRAIL CROSSING IN ASSOCIATION WITH: F 1 I ®REQUIRES AMENDMENT I L ®PERMITTED AMENDMENT 'f"`` AND L WORK COMPLETED "IffiJ ALL SHEET • NOT TO SCALE FOR13ar YEnANDS WeST sea.ic.s..�+c UPDATED BY PBS&J AND PC DEVELOPMENT 2/9/06 OF • • �, ,.. i � i I � - i • � =.-.._._-__.-.-_.. _......... GALLOWAV ST I 1i 'ti C! y441 tl 0 Z ! I! ....._........... ® ll! m T1 __._._._._...__._�. ....._..; m^ A D i G) li I� J V C/� ! ! p Z ___ - D 1 IIp !' a om __-_b..mz.a.o---._—_. �!p ! z z Znyry �!D !i zos! GIO�CC i I'm I 2mm p� -'I iic �V�m z z o o II z ._.................._....................... !I ii it ?i I 1: KIMBERWICKE ST I ;;-,,- O Lu V) O f) D Z i r rn 0 0 FERGUSON AVE rn m rn _ — _l L i I lJ 4681.3 ._.._................_ .._.........._-'----....._......._................... _._ o z S 1 II I w F i I 0' 4681.3 II 3 m o - A tl N l BVCS: 69+80 s o z n m :BVCE: 4681 tl94 + 4681.3 ............. ...T ...... ...............___ __ 1 4682.10 ! o •� 0 TT77 O Z ...._.____ u 4661.0 ..............._.._...._.....}......_.......—---------� ......._..�--I— i o o>olo u u z ♦v+.. N+ + 4680.E ._.._.-_...__. ! ! _TEVCS 71+02 z,a uo I I 0 4681.70 ` 4681.68 4680.2 ;4680. ! �I-- '--^---- MILKHOUSE_AVE I _ I PVI STA = 71+80 m PVI ELEV - 4680.5E .� A 71+ I i PVI STA 71+82 "�••Y'__••_-.- ._ + _G.L_.M11.,LSLiQUSE—_�-'---':-'__-- PVI ELEV = 468G.92 0 ? o! PVI STA = 72+04 i I PVI ELEV = 4680.56 1I m 4679.8 ....-I ... ...._. _ p T a........... + 4679.E — .—__ ._'----•I±-----_�`._.__._._i 00 4681.11 j m I i 000 ! ... .. ! ! i O O 4680.0 4681.40 o Il 0� Zm ®' IfN 0 4681.69 I I ! m Zg o I PVI STA = 74+91 GALLATIN v L + ST 7 3. ..o__..P.iR._ELEY=...:4682.22 ........... !' ._......... 0 4682.58 CL GALLATIN GREEN fl- _.._. ._._ i = o BARTER MEADOWS PHASE 6 m > N $ By DATE DESCR REVISIONS A o o•Zo m BY DATE DESCR 6O2EMAN,MONTANA _ ° Br DATE DESCR �.S �D �02 o v STREETS m x `� THOMAS,DEAN&HOSKINS,INC. a, �+ o TD& ENGINEERING CONSULTANTS 8 GREAT FALLS-BOZEMAN-KALISPELL-HELENA MONTANA '%C7NBRR KIMBERWICKE STREET m f sPOKANE WASHINGTON S IDAHO MEMORANDUM Date: 7/27/06 Re: Park requirements at Baxter Meadows In accordance with the wishes of the Bozeman Parks Department, and the conditions of approval of Baxter Meadows Phase 6, the following language is to be inserted into the Baxter Meadows Master Association Covenants (affecting all phases of the development). "Any barriers, such as fences, hedges, etc., on private property adjacent to park boundaries shall have a minimum setback of 6 feet from the edge of park sidewalks to provide a maintainable area. " Signed, • Harley Hues 's, Project Manager PC Development • • • i i • • MEMORANDUM Date: 7/27/06 Re: Pedestrian Walkways at Baxter Meadows This memo is to serve as explanation of the maintenance of the Public Pedestrian Walkways (PPW's) in Baxter Meadows Phase 6. These walkways are located at the north and south corners of the pocket park, in Block 16. As noted in our conditions of approval, the PPW's are approximately 12' wide, with a sidewalk in the middle, leaving about 3' on either side to be maintained by the HOA. There is a concern that such a narrow strip could not be adequately maintained. However, there is an additional 5' sideyard setback to the houses on the west, and a 10' front yard setback to the houses on the east. Therefore, there is actually 8' on one side, and 13' on the other to maintain. Additionally, the covenants for this particular block set up the maintenance such that the front and side yards are irrigated and maintained by the HOA. Therefore, there will be a true continuity between the maintenance of the yards, and the PPW's, making those cut- throughs effectively much wider than they appear on the plat. This is similar to the setup • in Phase I, and we have had no trouble maintaining those walkways. Signed, Harley Huest's, Project Manager PC Development t-• � I I{ � i 1 � - • 1 � I11 1 I � � I I 1 i l f � f ! f 1 i i i i I f - l I • I - 1 1 I � " t • May 4, 2006 Design Guidelines for City of Bozeman Parks: * New Park construction must be approved by the Parks Division and the Recreation and Parks Advisory Board, and must comply with the master plan, if applicable. Any changes must be approved and/or amended in the master plan. Prior to any construction, contractor shall hold a Pre-Construction meeting on site with the City of Bozeman Parks Department. * Soil Preparation -All soils to be used on public park land shall be inspected by and meet the approval of City of Bozeman Parks Division Staff prior to installation and shall meet the minimum depth requirement of 10 inches. All rock in excess of 1 inch in diameter shall be removed. Soil tests (a sieve analysis and soil analysis)) shall be performed prior to planting to determine the classification and texture of the soils, along with any nutrient deficiencies. The classification and texture will determine what amendments, if any, are needed, while the soil analysis will help correct any nutrient problems with a pre-plant fertilization. * Guidelines for soils-The soil will be deemed acceptable if: it is less than 35% clay and less than 70% sand, and 70% silt. Ph must not exceed 8.4. The soil will be screened at 1" minus for rocks and debris; topsoil depth will be at least ten inches. The sub base, after grading, will be scarified to a depth of twelve inches to insure drainage throughout the profile. Amendments may vary depending on existing soils,but will generally consist of 60% coarse sand (generally concrete sand), 20%organics (C: N ratio below 30) and 20% approved native soil. Soils will be mixed, prior to installation, with a screener/mixer machine, or applied in. layers on site and mixed thoroughly with a deep rototiller. Depth of amended soil will be a • minimum of ten (10) inches. There will be no compaction following the grading process. Fertilizer, and the rate at which it will be applied, should be dictated by the soil test report. * Seeding ratios and mixes will be approved by the City of Bozeman Parks Division. Seeding will be applied with a slit-type or drill-type seeder to insure good soil to seed contact. Before seeding, the soil shall be loosened to a minimum depth of six inches in order to improve initial . root development. The soil will not be compacted in any manner. Sufficient compaction is readily achieved through the grading process and normal rainfall. Fertilizer should be applied prior to planting to insure healthy plant development. Generally, a seed mix combination of Bluegrasses and Rye are used in formally maintained Parks. Some low maintenance Kentucky bluegrasses that perform well are: Kenblue, Park, Plush, Vantage, Victa, Vanessa, Barblue, Parade and S-21. Perennial ryegrass will be used opposed to annual ryegrass. Athletic fields will be planted with new-improved Kentucky bluegrass types and new cultivars of perennial rye. Examples of some of the new, aggressive types of KBG's are as follows: Award, Total Eclipse, Midnight,Nustar, Ram I, Limousine and Touchdown. Lower maintenance parkland may require different seed mixes, and will be specified by the Parks Division. * Irrigation systems will be compatible with Maxicom systems. All water lines shall be schedule 40 PVC. Black Poly pipe is unacceptable. Pipe shall be installed at a minimum depth of twelve (12) inches, main lines at eighteen inch minimum depth. If this depth is unachievable, the Parks Division must be consulted. No stacking of irrigation lines shall be permitted. Four(4) inches of sand shall be placed beneath pipe, and four(4) inches of sand above the pipe, to prevent compaction and settling. Sprinkler heads will be installed on manufactured swing joints • • (schedule 80 w/o-rings). Heads to be installed must be approved by the Parks Division and shall be gear driven, with interchangeable nozzle sizes, unless noted otherwise, and shall be capable of producing the specified gpm and coverage area and shall be set to manufacturers' specifications. Electrical locate tape shall be installed along all lines. Upon completion of installation, all warranty and maintenance information, as well as well logs and pump warranties and information, if applicable, and an "as-built" map shall be supplied to the City of Bozeman Parks Division. * Wells installed on City of Bozeman property must be registered in the City's name. All wells must have a stainless steel screen at the intake. * Playgrounds must be installed on Park land managed by the City of Bozeman. All playgrounds must be approved by a Certified Playground Safety Inspector(CPSI) and meet ASTM F1487-01, CPSC and ADA guidelines and specifications. Playgrounds shall be age appropriate, for area served, and be signed accordingly. There must be an adequate use zone area around equipment, approved material in use zone, which meets impact attenuation criteria as specified in ASTM 1292, and adequate drainage. All installation plans, materials list, construction guidelines, maintenance information and manufacturer's name must be supplied to the City of Bozeman's Parks Division, upon completion of playground installation. All work will be overseen and approved by a CPSI. No wooden structures will be approved. * Fencing shall be constructed with 9 gauge, commercial grade, chain link fabric. All posts and top rails shall be schedule 80 galvanized pipe. Corner post will be 2 and 3/8 ", line post will be 1 • 7/8", top and bottom rails will be 1 1/4". All post are to be set in concrete, spaced at 10 foot intervals, and a concrete pad, 12" in width and 4" in depth shall be installed beneath the fence line, along the entire length. A bottom rail will be installed between all sections of fence for the purpose of tying the fabric down as well as maintaining the strength and integrity of the fabric. Appropriate heights of fences shall be determined by the City of Bozeman Parks Division. * Trail Classifications Class IA—These trails are heavily used with full access and are designed for recreational and commuter use along major transportation corridors. These trails are designed to permit two-way traffic using an impervious surface material such as asphalt or concrete. These trails are 12 feet wide. There is full *ADA accessibility. Class IB—These trails are the same as Class IA trails with the exception of being 10 feet wide. These trails are typically used in interior sub-division settings where Class I trails are appropriate but do not require a full 12 foot width. Class IIA—These trails receive heavy to moderate use with a very high degree of ADA accessibility. They are intended for multiple non-motorized, recreational and commuter use. Class 1I trails are constructed of Natural Fines and are 6 feet in width. Class IIB—These trails receive moderate use and provide moderate ADA accessibility depending on grades and/or obstacles. Construction standard is the same as Class IIA. Class III—These trails receive moderate to low use and are typically 3 feet in width. They are either natural trails, developed by use, or constructed with Natural Fines. ADA accessibility is extremely limited. Class IVA—These trails are generally mowed corridors used for ski trails in winter, or • occasional special activities, and are 16 feet in width. • Class IVB—These trails are the same as Class IVA trails with the exception that they are 10 feet in width. Class V—These trails are used for equestrian traffic and when constructed parallel to pedestrian trails, are built with a sufficient buffer and physical barrier between them to prevent horse/pedestrian conflicts. * Class I Trails must support a minimum of 12,500 pounds.Asphalt- Width of trail shall be a minimum of 10 feet with a min. cross slope of 2% or max. 5% and a 1 foot wide gravel border along each edge. Trail bed shall be excavated to a minimum depth of 11.5 inches. A soil sterilant, approved by the City of Bozeman Parks Division, shall be applied to trail bed prior to construction. Trail bed shall consist of a minimum of 9 inches of crushed gravel compacted to 95% of max. density as determined by AASHTO T99, unless otherwise dictated by sub-soil type materials being compacted to road standard. The overlay shall consist of 2.5 inches of asphalt compacted to 93%of max. density, as determined by ASTMD 2041. Construction seal shall be applied at .08 gallon/square yard after installation. Concrete—Width of trail trails shall be a minimum of 10 feet with a min. cross slope of 2% or max. 5%. Trail base shall consist of a minimum of 3 inches of crushed gravel compacted to 95% of max. density as determined by AASHTO T99. Concrete shall be a minimum of 6 inches of M4000 reinforced with 1.5 lbs. per cu. yd. of Fiber mesh. Where terrain allows, slope of trail should not exceed 12:1. * Class II Trails shall be a minimum of 72 inches in width. Trail bed must be excavated 6 inches deep,prior to installation of tread mix. Tread mix shall be installed in two parts. The first 3 inch lift shall be of/4" Road mix, compacted, and then 3/8th inch minus gravel (natural fines). • Natural fines used for these trails shall consist of 80% sand, 10% silt and 10%clay. If the material falls outside of these parameters, the City Of Bozeman Parks Divisions must be consulted for approval or modification. If the natural fines tread mix does not contain enough clay or silt binder, additional binder must be mixed in. Alternative soil stabilizer products are acceptable, but must be approved by the City of Bozeman Parks Division. Trail bed must be filled up to original surface along both edges with a cross slope of no less than 2% and no more than 5% to provide for water drainage. Tread mix must be rolled flat and compacted after installation, maintaining a 2%to 5% cross slope. (If moisture content is not adequate for compaction, water should be added prior to rolling and compacting). Where terrain allows, slope of trail should not exceed 12:1 with a cross slope no greater than 20:1 (5%)to provide for ADA accessibility. All damage to surrounding features and/or vegetation shall be reclaimed immediately. Encroaching weeds, due to trail construction, shall be treated and controlled for a minimum of 2 years after trail section is completed. Minimum overhead clearance shall be 96" for pedestrian and bike traffic, and 120" for equestrian traffic. *Street/Trail Connections -Mid block trail crossing shall have a painted pedestrian crossing with crossing and advanced crossing signs at either end. Curb cuts shall be provided at all street/trail connections. * Full ADA trail accessibility is defined as a slope not exceeding a 12:1 angle and a cross slope of no more than 2%. There can be no abrupt change in surface level greater than '/2 inch. * Bridges shall have a minimum width of 72 inches, when 20 feet or less in length. Bridges exceeding 20 feet in length shall have a minimum width of 96 inches, to allow wheelchair turn • • around and passing. Height of bridge is measured from bridge deck to bottom of stream or river. If deck is more than 30 inches high, a protective rail is required. Rails are to be 42 inches high, with at least one midrail at 34 inches, to be used as a handrail. A protective barrier must be installed along the length of the rail system with either solid paneling or vertical bars. Spacing between bars shall be no greater than 3.5 inches or less than 9 inches. All bridges to be installed on public lands must be certified by a civil or structural engineer. If bridge does not require a rail, it must have a 4 inch high curb on, both sides, along entire length of bridge. Deck should be constructed of slip-resistant material. Deck of bridge shall not exceed a 12:1 slope along any part of its length. Deck, and ends of bridge, must have no abrupt change in surface level greater than inch. cross slope shall not exceed 2%. Bridges must be rated for a minimum load of 12,500 lbs. and display a permanent label indicating the load limit, year it was built and manufacturer. * Hillside Grades within park landscapes shall be 7:1 when achievable and no steeper than 5:1, to allow for maintenance equipment access and to minimize water runoff. • f � � � � � � _ l . r . '� i '� � + E � rt r . � . J 4 c • � � i k r d i i .� • HOA MAINTENANCE PLAN General Statement The 3ffitT6L AaWo Homeowner's Association will be responsible for all park and open space maintenance within the identified subdivision, following the standards set by the City Parks Division. Maintenance Maintenance Responsibility: Developer will be responsible for initial installation of the improvements described in this Master Plan. The Developer shall warrant against defects in these improvements for a period of one year from the date of their written acceptance by the City of Bozeman. The Developer shall maintain the improvement until no longer majority landowner. At such time, the maintenance shall be the responsibility of the Home Owners Association. The Home Owners Association shall be responsible for maintenance in perpetuity, or until such time as a park maintenance district, or some other mechanism, is created to maintain dedicated park land. Maintenance will include the following as well as care and replacement of playground equipment (CPSI approved) and/or site furnishings, replacement of doggie pick-up bags, and emptying of refuse containers. Any and all work and/or park fixtures must meet standards set by the City Parks Division. • Trees/Shrubs An outside contractor will be hired to perform park maintenance. Maintenance duties to be performed will consist of spring and fall clean up, routine mowing, lawn patching, care and replacement of dead trees and/or shrubs. All tree trimming and pruning must be performed by a certified arborist as outlined in City Ordinance 12.30.040. in coordination with the Forestry Division. All trees on public property are subject to City of Bozeman permits and ordinances. 12.30.040 Trails Gravel trails will not be plowed. These trails will be inspected regularly and receive routine patching and surface maintenance to prevent erosion or unsafe conditions. Weeds on the trail will be controlled following City of Bozeman standards, set by the City Parks Division, and using industry standards or as part of the weed control plan described in this document. Weed Control Plan A weed control plan will be developed that conforms to the requirements of the City of Bozeman, Gallatin County Weed Control Board Supervisor and NRCS. Weeds will be sprayed by a licensed outside contractor, according to industry and local standards, on a regular basis, using appropriate applications and products. The utmost care will be taken to protect water sources, park users, and adjacent property owners. The City of Bozeman shall be notified of any and all applications of pesticides and / or • herbicides on public lands. Signs shall be posted prior to application in appropriate and • noticeable locations identifying the product applied and the date to be applied. Signs will remain in place for a minimum of 2 days after treatment. Records shall be maintained in accordance with State of Montana Pesticide Act, Administrative Rule 4.10.207 and copies submitted to the City of Bozeman Parks Division. Lawn and Grasses Lawns will be mowed weekly or as needed to maintain a blade height of 2-3" during the warmer months of the year and not reach a height more than 4 1/2 ". Mowing will not be done during extremely wet periods or when sub-grade is saturated or with standing water. Lawns will be irrigated with 12" of water from early June to late September, at approximately 1" per week. Established lawns can receive a deep, but less frequent watering in order to conserve and not over water. Fertilizing and Plant Care Lawns will be fertilized with a mixture of 24-4-14 in spring after the last frost and with 21-3-21 in mid to late summer. Fertilizer mixture shall be adjusted according to soil sample analysis performed annually. It is recommended that slow release fertilizer be used to prevent excessive shoot growth and to provide turf nutrition over an extended period of time. Lawns should be fertilized according to manufacturer standards. No fertilizer will be applied in ditches or directly adjacent to water courses. Trees will be fertilized once a season using fertilizer spikes directly manufactured for tree use. Trees under one year old should not be fertilized. • Irrigation Irrigation contractor will perform spring maintenance and fall blowout. Spring maintenance will include charging the irrigation, closing manual drain valves, checking controller and all hardware (including valves, heads, wiring, etc.), and checking drip emitters. During the watering season, all heads should be checked on a regular basis for correct operation and efficiency. Fall blowout will consist of a basic winterization package, including opening all manual drain valves, using a compressor to clear lines, and checking general condition of all hardware. All necessary repairs will be made throughout the irrigation season. Refuse Refuse within the parks and open space will be collected weekly by a service retained by the . - 0omeowner's Association. 7 Snow and Leaf Removal Snow removal will be provided within the park by a snow removal service retained by the&,.k.-Ltr..I L y, Homeowner's Association. Leaf removal will be provided most likely by a landscape contractor or handyman service, as retained by the Homeowner's Association. • :� • • j 1 A { i .r � I '. i � 1 l i i I �. .i � . � i I t r � � ` • • • BUDGETARY COST ESTIMATE Project: Baxter Meadows Phase 6 Phase: Park Master Plan Date: July 28, 2006 Prepared By: Peaks to Plains Design,P.C. ITEM DESCRIPTION QTY UNIT UNIT COST TOTAL IMPROVEMENT REQ'D BY UDO Park Boulevard Trees- Northwood Maple 2"cal., B & B 2 EA $ 270.00 $ 540 YES Park Boulevard Trees- Fall old Ash 2"cal., B & B 2 EA $ 220.00 $ 440 YES Park Boulevard Trees- Emerald Queen Maple 2"cal., B & B 1 EA $ 270.00 $ 270 YES Park Boulevard Trees- Bergeson Ash 1.25"cal., B & B 1 EA $ 220.00 $ 220 YES Autumn Brilliance Serviceber 6' height, container 3 EA $ 200.00 $ 600 NO Emerald Queen Maple 2"cal., B & B 1 EA $ 270.00 $ 270 NO • Northwood Maple 2" cal., B & B 1 EA $ 200.00 $ 200 NO Thinleaf Alder 6' height, container 2 EA $ 100.00 $ 200 NO Grey Dogwood 1.75"cal. B & B 4 EA $ 150.00 $ 600 NO Bergeson Ash 1.25"cal., B & B 2 EA $ 220.00 1 $ 440 NO Fall old Ash 2" cal., B & B 4 EA $ 220.00 $ 880 NO Skyline Hone locust 2" cal., B & B 5 EA $ 270.00 1 $ 1,350 NO Prairie Cascade Willow 2"cal., B & B 5 EA $ 175.00 $ 875 NO American Linden 2" cal., B & B 2 EA $ 215.00 1 $ 430 NO Accolade Elm 2"cal., B & B 1 EA $ 275.00 $ 275 NO Colorado Blue Spruce 6-T hei ht, B & B 3 EA $ 200.00 $ 600 NO Baker Blue Spruce 5' height, container 4 EA $ 250.00 $ 1,000 NO Rocky Mountain Juniper 5 gal. container 2 EA $ 90.00 $ 180 NO Amur Maple, multi-stemmed 8' height., B & B 8 EA $ 200.00 $ 1,600 NO Showy Mountian Ash, multi-stemmed 6' height, B & B 5 EA $ 170.00 $ 850 NO Ivory Silk Japanese Tree Lilac 1.5"cal., B & B 6 EA $ 200.00 $ 1,200 NO Red Twigged Dogwood 5 gal. container 3 EA $ 40.00 $ 120 NO Blue Chip Juniper 5 gal. container 10 EA $ 50.00 $ 500 NO Ornamental Grasses 1 gal. container 219 EA $ 15.00 $ 3,285 NO Concrete Sidewalk 6'wide, 4"thick 3552 SF $ 5.20 $ 18,470 YES Concrete Sidewalk 5'wide, 4"thick 660 SF $ 4.50 $ 2,970 YES Asphalt Trails 10'wide 1026 LF $ 18.80 $ 19,289 YES Gravel Trails 8'wide-COB Std. 860 LF $ 3.33 $ 2,864 YES Bark Mulch 3" depth; for planting beds 25 CY $ 70.00 $ 1,750 NO River Rock for swales; 3"-8" 15 CY $ 60.00 $ 900 NO Weed Barrier Fabric ITypar 275 Sy $ 1.50 $ 413 NO • • • Metal Landscape Edging for swale edges 345 LF $ 4.50 $ 1,553 NO Seed Mix#1 Turf Lawn Mix 31,940 SF $ 0.04 $ 1,278 YES Seed Mix#2 Native Seed Mix 12,560 SF $ 0.04 $ 502 YES Landscape Berms, soil fill includes backfill &grading 88 CY $ 20.00 $ 1,760 NO Rotor Irrigation 6" o -u seed mix#1 31,940 SF $ 0.45 $ 14,373 YES Drip Irrigation for planting beds 2,460 SF $ 0.10 $ 246 NO Well System and Development 35 GPM Well 1 LS $ 12,000.00 $ 12,000 YES Benches 6' length 1 6 1 EA $ 1,260.00 $ 7,560 NO SUBTOTAL $ 102,852 MOBILIZATION & INSURANCE 10% $ 10,285 CONTINGENCY 15% $ 15,428 PROFESSIONAL FEES 15% Is 15,428 TOTAL $ 143.993 Cost for all plantings in Trees and Shrubs in Linear Parks& Open Linear Parks& Open Spaces Spaces ONLY 1 LS $ 12,300.00 $12,300 MOBILIZATION & INSURANCE 10% $ 1,230 CONTINGENCY 15% $ 1,845 PROFESSIONAL FEES 15% $ 1,845 TOTAL $17,220 ----- -- -- - - - -- -- �d 1II�EE •\ jA y 1 ' A2po + l / .p I l ' i >11 I / ( a 2 y X / 'yyyq�O P V I .... 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ALL PIPES ARE TO EP Gl97TL'RED Or p 2 2 INTERVALS.MAKE ALL SPLICES IN VALVE VALVE BOx Y1/GpVH2 ON THlaIST BLDGIC9. • q BOXES R LOCATE ON AS4GJILT PLANS. ® q ].GCNTRALTOR 19 RESPONSIBLE FOR i j TIE A L009E 20 Pi.LOOP IN MIRIN9 AT • ADMATE CDNSTRXTING TH IMT O n fd2M= ALL CHANGES IN DIRECTION 6REAT(3t DIRBLT BURY FIIU9N GRADE BLOCKS M ALL PIPING INSTALLATION. NTHAT s0 DBGRt�9. UNTIE ALL LOOPS $ (�( THRUST BLOGIG9 NOT REWIRED ON 9 . A 4IER MAKINS O0NNWTION9. s/4'wL 9G11 40 Rl3UGNB MALE 2-V2•VIA AND SMALLER LATERALS. INSTALL ALL L2OV.MIRING IN COHDUIT. I 'MI ADAPTER A OF 2) SECTION A-A 0. �7WRD PLACE ALL MIRINS UNDER PAVEMENT AND J ma GOH6RE,1: MODEL 4415 VALVE BOX A9 TIfi006N S 20VES IN LODUT. LOOP wG PIPE TO D19ONARdle TO A T1148T BLOCKS ft� AIR I VACAAIM 9PBilt CFIED CONTRACTOR HAS THE OPTION TO SIN6LP RAIHBIRD MAXI-PAN �I I RELEASELINE 918 eAre VALVE, 204SA-9AM Imo VALVE A9 SPECIFIED f�IT UN M PROVIDE M8U14,M COVER DIRECT EW PLAN 9'MIN.DEPTH OF 3/4 INC 4 MASHED A A S�tl OF 10'CAN BE 6UARANTIM. _ ERAVa O 2'X4'TNRP.AD® PINISII GRADE FINISH T NIPPLE,LINE SIZE • 2'x2'x2'SXSXMIPT TEE LATERAL LAreRA,L PIPE ias I ELBOM9 SOH 4O PVC,UNION �� $C'fiI1Q)$ / 5/4 INCN PVC PIPE(s-INCN LE167HU 51Ze PLJN99 22-V3• 4s' 40• F-N FIB MAIN LIRE PIPE YflLTER A 0 A 0 A 0 A 0 Q� SNAKE ALL IN CO KIM"IT LATE PIPE IMUDATION MAIN LIRE 2-4' 24• 12' 4• 12' IT 12' 21' Ib' IN TREICII 6• 78' I6, 12' ID' 24• ID' 52' 24' ? D' 40• 24' 16' 24' 90' CONCR2TE TWRLBT I-IJ2W0 SON 40 MALE ADAPTER 10• so' SO' 20• s0' 40' 90' bl' 96' O BLOCK NOTE. AUTOMATIC FILTER KIT 19 LOMPRIS® 12' 61• 56' 16, 90' 76• 70' g . S6' 1C OF Y-FILTER,REMOTE CONTROL VALVE,5/4' �y UNION, 5/4'B19 AID VXs/4 REDIZINS MALE ADAPTER O AIR RELEASE VALVE TRENCH&BEDDING AUTOMATIC FILTER KIT Q THRUST BLOCKS < t z 5 NOT To SCALE 6 NOT 7 TO SCALE NOT TO SCALE V NOT TO SCALE C 1wEy IV ROUND F w O VALVE BOX F S•MIN. s'MIN. y \ IRRISATION OONTROLLER a 120V OLn%zr METER MAIN BY BOX 514' ` Y \� MA'� 1£flSt MAIN BY aEf.TRIGAL A99RESEAT �/\ / �\�\ \�C\�\ GOMRAGTOR / \�' FOYER COMRA OOMPALreD 901E 4'PVC,RISER ` ,\\ MAIN LINE WI' W BREAD®TEE ON `` BOTTOM PUMP START RELAY FINISH GRADE CLOTH.TURN \�, \ \ o o EWLOSLIRE,MEATI�TWIT, IiICC COUPLINS VALVE IN A ROUND _ -_—_- ~j DOCLMIN TH BD9 H EI&IT A9 PER CODE OR RBGTANGLILAR VALVE BOX I I—I I 1—I FO-1 REWRIDIIENTSSfl®ULE 6O wG THREADED I l 1i -I I 1-111- NIPPLES;LE diTM A9 REWIRED y �y H ,40� I -ITN=� Pvc SOH ao I I -ITS—ITS: `K \♦ �� FITTVIB9 R SGH 60 I 1=1 I I=III �y �� O O THR rAD®NIPPLES ELBCTRUGAL CODUITS MAINLINE —III -1 I I -III—III 1.9Are i I. i. I I i-III 1=1 I I-I 11= VALVE FINISH GRADE I I-1 I I-1 I I- II I-1 I I-1 I I = -1 11=11 \\ice - - - - - \ o � bP I-V2'14A91® file SHEET Aa9MAIN LINE DRAIN WELLWEL TO SCALE PUMP PANEL QUICK COUPLING VALVE IR3 N TO SCALE 0 NOT TO SCALE NOT SCALE • • ' � i i s 3 � , 3 � � � i t • _ � � - • i i 1 4 iI _ � 1 i FUT K[ ER ST. CKE qti • � N w /A � N� LEVEAR PARK / f r ' PHASE2C � i t � r � a ALLOWAY SIRE T �; �` ♦o GALLOWAY LINEAR PARK STREET PHASE 2A P E0IHASE -- - - Legend: QUALIFYING PUBLIC PARK/OPEN SPACE BAXTER MEADows P.U.D. QUALIFYING PUBLIC PARK-1.03 AC. PARK— — 50'WETLAND SETBACK North © NON-QUALIFYING PUBLIC PARK-.93 AC. O NEW PHASE 6 BOUNDARY-11.42 AC. / OPEN SPACE - PHASE C ® PUBLIC PEDESTRIAN WALKWAYS-.04 AC. — � PREVIOUS PHASES° 3°' 60' ma, INTERIOR R.O.W. TRAILS/PATHS CONCEPT PLAN • Prepared by: PC Development SINGLE FAMILY RESIDENTIAL Last Update: 7-12-06 Scale in Feet ❑ MULTI FAMILY RESIDENTIAL PLEASE SEE ATTACHED PARK& ® CRITICAL STREAM&WETLANDS-.07 AC. OPEN SPACE CALCULATIONS � • ;. i a � � • � ,` . i �� i i { i ` , I I _4 i a i i � � . . r • 1 � � -� • Original as Approved by Rec. and Park Advisory Board and City CommisslSn (9-25-06) (See following page for revisisons) • BAXTER MEADOWS PHASE 6 PARKS AND OPEN SPACE CALCULATIONS UPDATED 8/29/06 PLEASE SEE ATTACHED "PARK/OPEN SPACE CONCEPT PLAN", FOR REFERENCE DEDICATED PARKLAND: AC SF POCKET PARK 0.49 21,460 LINEAR PARKS 0.47 20,431 'STREAM AND WETLANDS 0.10 4,272 2LESS AREA REQUIRED FOR PARKING LOT: -0.11 -4,760 TOTAL QUALIFYING PARK PROVIDED IN PHASE 6: 0.95 41,403 3PLUS CARRY-OVER USED FROM PREVIOUS PHASES (6.57 AC AVAILABLE): 1.00 43,539 TOTAL PARK PROVIDED: 1.95 84,942 3TOTAL PARK REQUIRED: 1.95 84,942 PUBLIC OPEN SPACE: 5NON-QUALIFYING PUBLIC PARK PROVIDED IN PHASE 6: 1.02 44,289 PUBLIC PEDESTRIAN WALKWAYS PROVIDED (2 EA.) 0.04 1,651 TOTAL PUBLIC OPEN SPACE PROVIDED IN PHASE 6: 1.05 45,940 3PLUS CARRY-OVER USED FROM PREVIOUS PHASES(1.23 AC AVAILABLE): 0.13 5,460 TOTAL PUBLIC OPEN SPACE PROVIDED: 1.18 51,400 6TOTAL PUBLIC OPEN SPACE REQUIRED(16%OF 7.37 AC NON-DEDICATED): 1.18 51,400 TOTAL PARK AND OPEN SPACE PROVIDED IN PHASE 6(NOT INCL.CARRY-OVER): 2.11 92,103 PERCENT OF ALL AREA, LESS R.O.W. 25% • I I 'PLEASE SEE INCLUDED LETTER IDENTIFYING STREAM AND WETLANDS AS CRITICAL AREA 2EQUIVALENT PARKING LOT=340'LOT FRONTAGE x 14'FOR 2 PARKING LANES: 0.11 4,760 3PLEASE SEE INCLUDED PARK AND OPEN SPACE TABLE FROM PHASE 3A FINAL PLAT SUBMITTAL TTOTAL PARK REQUIRED: 1.95 84,942 SINGLE FAMILY REQUIREMENT (48 LOTS x 0.03 AC/UNIT) 1.44 62,726 MULTI-FAMILY REQUIREMENT(8 DU/AC x 2.14 AC= 17 DU) (17 DU x 0.03 AC/UNIT) 0.51 22,216 5ENTIRE AREA BETWEEN M-F LOTS AND STREAM/WETLANDS(NO PARK CREDIT REQUESTED) 60PEN SPACE CALCS: TOTAL PROJECT AREA: 11.28 491,484 LESS AREAS DEDICATED AND TRANSFERRED TO THE PUBLIC (R.O.W.): -2.85 -1124,073 LESS AREA USED TO MEET PARKLAND DEDICATION REQ'TS: -1.06 -46,163 AREA TO DETERMINE OPEN SPACE REQUIREMENTS: 7.37 321,248 EQUIVALENT COST OF PARKING LOT, BASED ON CONSTRUCTION IN 3A: $ 12,015 COST OF ADDITIONAL IMPROVEMENTS IN POCKET PARK: $ 47,398 DIFFERENCE: $ 35,383 ESTIMATED INSTALLATION COST OF STANDARD REQUIREMENTS ONLY: $ 66,224 COST OF ADDITIONAL IMPROVEMENTS (ABOVE&BEYOND STANDARD): $ 77,769 TOTAL ESTIMATED COST OF PARK&O/S LANDSCAPING (%ABOVE STANDARD): $ 143,993 217% • 9 Revised Open Space Calculations due to minor plat changes(9906) `Indicates data that has changed following approved Park Master Plan: • BAXTER MEADOWS PHASE 6 PARKS AND OPEN SPACE CALCULATIONS UPDATED 9/30/06 PLEASE SEE ATTACHED "PARK/OPEN SPACE CONCEPT PLAN", FOR REFERENCE DEDICATED PARKLAND: AC SF POCKET PARK 0.49 21,460 LINEAR PARKS 0.47 20,431 'STREAM AND WETLANDS 0.10 4,272 2LESS AREA REQUIRED FOR PARKING LOT: -0.11 -4,760 TOTAL QUALIFYING PARK PROVIDED IN PHASE 6: 0.95 41,403 3PLUS CARRY-OVER USED FROM PREVIOUS PHASES(6.57 AC AVAILABLE): 1.00 43,539 TOTAL PARK PROVIDED: 1.95 84,942 3TOTAL PARK REQUIRED: 1.95 84,942 PUBLIC OPEN SPACE: 5NON-QUALIFYING PUBLIC PARK PROVIDED IN PHASE 6: 0.97 42,080 PUBLIC PEDESTRIAN WALKWAYS PROVIDED(2 EA.) 0.04 1,651 TOTAL PUBLIC OPEN SPACE PROVIDED IN PHASE 6: 1.00 43,731 3PLUS CARRY-OVER USED FROM PREVIOUS PHASES (1.23 AC AVAILABLE): r 0.18 7,669 TOTAL PUBLIC OPEN SPACE PROVIDED: 1.18 51,400 6TOTAL PUBLIC OPEN SPACE REQUIRED(16%OF 7.37 AC NON-DEDICATED): 1.18 51,400 TOTAL PARK AND OPEN SPACE PROVIDED IN PHASE 6(NOT INCL.CARRY-OVER): 2.06 89,894 • PERCENT OF ALL AREA, LESS R.O.W. 24% 'PLEASE SEE INCLUDED LETTER IDENTIFYING STREAM AND WETLANDS AS CRITICAL AREA 2EQUIVALENT PARKING LOT=340'LOT FRONTAGE x 14' FOR 2 PARKING LANES: 0.11 4,760 3PLEASE SEE INCLUDED PARK AND OPEN SPACE TABLE FROM PHASE 3A FINAL PLAT SUBMITTAL 4TOTAL PARK REQUIRED: 1.95 84,942 SINGLE FAMILY REQUIREMENT (48 LOTS x 0.03 AC/UNIT) 1.44 62,726 MULTI-FAMILY REQUIREMENT(8 DU/AC x 2.14 AC= 17 DU) (17 DU x 0.03 AC/UNIT) 0.51 22,216 5ENTIRE AREA BETWEEN M-F LOTS AND STREAM/WETLANDS(NO PARK CREDIT REQUESTED) 60PEN SPACE CALCS: TOTAL PROJECT AREA: 11.28 491,484 LESS AREAS DEDICATED AND TRANSFERRED TO THE PUBLIC(R.O.W.): -2.85 -124,073 LESS AREA USED TO MEET PARKLAND DEDICATION REQ'TS: -1.06 -46,163 AREA TO DETERMINE OPEN SPACE REQUIREMENTS: 7.37 321,248 EQUIVALENT COST OF PARKING LOT, BASED ON CONSTRUCTION IN 3A: $ 12,015 COST OF ADDITIONAL IMPROVEMENTS IN POCKET PARK: $ 47,398 DIFFERENCE: $ 35,383 ESTIMATED INSTALLATION COST OF STANDARD REQUIREMENTS ONLY: $ 66,224 • COST OF ADDITIONAL IMPROVEMENTS(ABOVE&BEYOND STANDARD): $ 77,769 TOTAL ESTIMATED COST OF PARK&O/S LANDSCAPING (%ABOVE STANDARD): $ 143,993 217% Original as approved by Rec. and Parks Advisory Board and City Coomission (9-25-06) (Please see following page for revisions) r---_---_-_-_-_-_-_-_-_-_-_-_-_---_-_-_-_--_---_-_-_-_-_---_0 • I PARK AND OPEN SPACE CARRY-OVER SUMMARY I I I BAXTER MEADOWS SUBDIVISION, P.U.D. 1 I CARRY-OVER AVAILABLE FROM EACH PHASE(IN ACRES): I I PARK: OPEN SPACE (PUBLIC): I PHASE 1 0.49 0 1 I 1 1 PHASE 2A 0 1.26 1 i i PHASES 2C/D 0.75 0 1 0 i I PHASE 3A 5.34 -0.03 I 1 1 TOTALS PRIOR TO PHASE 6: 6.58 1.23 1 I PHASE 6 -1.00 -0.13 I ! I 0 TOTALS AFTER PHASE 6: 5.58 1.10 I I I I I I I I I I I I I I I I I I I I 1 I I 1 1 I I Revised Open Space Carry-Over Due to Minor Plat changesIP30-06) ------------------------------------------------------------ • PARK AND OPEN SPACE CARRY-OVER SUMMARY I I BAXTER MEADOWS SUBDIVISION, P.U.D. I I CARRY-OVER AVAILABLE FROM EACH PHASE(IN ACRES): j PARK: OPEN SPACE (PUBLIC): 0 j PHASE 1 0.49 0 1 i PHASE 2A 0 1.26 1 1 PHASES 2C/D 0.75 0 1 PHASE 3A 5.34 -0.03 TOTALS PRIOR TO PHASE 6: 6.58 1.23 I I j PHASE 6 -1.00 -0.18 j I I I TOTALS AFTER PHASE 6: 5.58 1.05 1 01 I I I 1 I 1 I I I 1 I 1 I I I 1 L---------------------------------------------------------J • i }1� 1 • � r f �. ,' 1 I� +II 1 , �' f' f� 1 • • �' � 1 I� f • I i i • LINEAR PARK DRAWINGS The Linear Park is a 7.4 acre park, comprised of three phases — 2A, 2C, and 6. Phases 2A and 2C have final plat, and we are ready to build those portions of the park. We would propose to build the Phase 6 portion of the Linear Park along with the other phases, in order to expedite development of the Baxter Meadows parks and trails system. We include the Linear Park construction plans here for your review. 4 . . �t� 1 V nl � W I • RIECK - 164LAR P.A16.MI 'plc f f.N.`i�d`,.•• U AMA a 0 • • DESIGNED BY ZQ axterMeadowsSubdtvtston AMAW DRAWN BY p Jill Z CHECKED BY a 07-06-06 p Bozeman Montana OATE 06021 PROJECT NO. a 06021 TlttEdwg $ FILE NO. N U U r <Q 2 O0o ao=� P< � O ��I 14 w �m� lojg DRAWING INDEX SITE DEVELOPMENT & LANDSCAPE PLANS I�I ' L I�._ T1 TITLE SHEET SD1 SITE LAYOUT -- z SD2 GRADING PLAN _ I I ' `, CIO SD3 SITE DETAILS h I '-' I PROJECT LOCATION 3 N IRl IRRIGATION PLAN L`` I __- - ' ! f O IR2 IRRIGATION DETAILS, NOTES & LEGEND n! ' IR3 IRRIGATION DETAILS LJL .!_ Ll LANDSCAPE PLAN&PLANTING DETAILS J L2 LANDSCAPE PLAN, PLANTING SCHEDULE &NOTES .J I ! ! ;-1r I II I , 8 9 O ! _ J I+ py ` GQ ..• � I I I it III I f DESIGN TEAM - =1' OWNER LANDSCAPE ARCHITECT _-- _-- .^ 1 'LUI I I i BAXTER MEADOWS DEVELOPMENT, LP PEAKS TO PLAINS DESIGN, P.C. P.O. BOX 81487 208 N. BROADWAY, SUITE 350 NORTH BILLINGS,MT 59108 BILLINGS,MT 59101 (406) 294-9499 PROJECT LOCATION MAP TI KT9. 1y t OWNER'S REPRESENTATIVE W PC DEVELOPMENT y 3985 VALLEY COMMONS DR. SHEEP �, BOZEMAN, MT 59718 (406) 586-9922 T1 re - ------ GALLATEll QkEEN BOULEVARD ... ..... . E: > U, x mz 0 `N N C� 7 zm u u u w ZZ Q v< uw� CP u. ty ...... I k.L. - ---------- tz!-: ........... ZAQ - I Iry ------------------------ 3-- ........ ...... 4, 7r .Z U) HP --- 2� 71.7 V V - al -7 ED A Ao A-H Ap > i- U) 1 7--------I ----- - - - ---I sg U N 0" flX ........... .......... . ....................... SHEET TITLE PROJECT TITLE I GNF ; gl c .. ............. CI) 2� ii . . 11 m SITE LAYOUT BAXTER MEADOWS LINEAR PARK o L. .. PHASES 2A-2C-6 PEAKS TO PLAINS DESI o z ip . S;c", M NORTH BRO.D.M.SI.I.M3 BOZEMAN,MONTANA "1294-,9 (40p6L 21 6-.71023 FAX 1 5 4%To SC M EA AN C)2008 PEAKS To PLAINS DESIGN.P.0 F Y \ I I ! : : : I II I r r \ r r \ \ ii �- \ r � � I I I I � m a " ' •� I I I r / ! I cc+ I I ! ^ I / 1�J I , I 1 \ I ! I 1 \ I ! I I I ! 1n 1 I I \n � I 1 1 f I I --.-_._..... I I r ---'--------'- I 1. 'I• �1..-r+r...._.- c��` `\` �=�-``\—'------...---' ///'.• : I I _ I i 1L _ - / WA - -_ . s OOp H_yA�ypM 9913 9 s N Hol:'fl, N 3 y ro $- Nat III Ul y 2$ N SHEET TITLE PROJECT TITLE CI� � GRADING PLAN BARTER MEADOWS LINEAR PARK - PHASES 2A-2C-6 PEAKS TO PLAINS DESIGNS o lv o m o m mq" N BOZEMAN MONTANANORTHSUTrE = s x 208 NGS. O NTANA 5910 350 / BILLINGS.MONIANA 59I01 1 4 061 294-9499-14061 25&7123 FAX '''•�t�l•• •••' WWWP •FAKSTOPLAINS.COM C)2006 PEAKS TO PLAINS DESIGN.P.0 ��"'�unuu.. Il,rr., CK SWINGOF RIELA 9 AWAY SPUN METAL TOP I B4LAR OPENING Q EIIN a`,r,`°�• CONCRETE SLAB W/LIGHT BROOM FIN15K SLOPE AT 1/&'PER FOOT U AWAY FROM PLAY AREA AMA a FAW"ALTPAIIIIIO,*25"5rrTIONMPXS�S. DESIGNED BY Z STD.SPECIFICATIONS;SLOPE SURFACE TOPSOIL FINISH AMA I!J'RADIUS O 2%MIN.TO ORAIN;FOR WIDTH SEE GRADE TO SLOPE LAYOUT PLANS AWAY FROM TRAIL 12• (2U 43 REBAR,CONTINUOUS 42' W g'-0' DRAWN BY O N JJR z WATER AND ROLL PLAYGROUND 52-3nb SLOPE MIN. OAR�ypN SLOPE SURFACE TO SMOOTH e p ' SURFACING CHECKED BY a 12d FOR b'-0' SEALI 07-05-06 p !�,WrYPAR.5501 DATE ~yg SEPARATION 06021 Y� I I I GEOTPXTILE 9'DEPTH,1 U2'MINUS CRISHEO �0 VERTICAL LB BASE C.o11R,E.COI°�ALTED TO VERTICAL BOARlOS PR0.IECT NO. 6W. q5%PROCTOR DENSITY 6'N.5/0"MINE7 m 06021 SD. TOP VIEW d'�9 0 1'MINUS f.RU9/® N GRAVEL T BINDEMINIMUR FILLS COMPACTED TO 95% GRAVEL BASE PAD(24 X�� 2-3n6' FILE NO. SUBGRADE TO BE COMPACTED 20%CLAY BINDER PROCTOR DENSITY TO 95%PROCTOR DENSITY; SUSfUBGRADE GRAVEL BASE •� DACE MO PIA LES OR EXCAVATE FOR TRAIL 125' 4'THICK,3/4'CRUSHED SIDE VIEW4 ASPHALT TRAIL GRAVEL TRAIL PLAYGROUND EDGING TRASH RECEPTACLE 1 NOT TO SCALE NOT TO SCALE NOT TO SCALE NOT TO SCALE ; °oho O 6za`' z3� BARK.RECYCLED L1SENC4 R9Do ILA q1 OID4 54.0' • TOP VIEW DP •�, m $ ----- — BASEPLATP \, � � BARK'RECYCL®SLATS 19/4'DIAMETER STEEL TUBE ARM _ __ rQ U la.-15' 21135' �� pp00 4 O R2 0.25 D0 �\ O^ U.) 29D' \ h l m 3.005, D m \\ADO r4 a'THICK CONCRETE PAD; aD W LENGTH EQUAL TO BENCH LENGTH,BY 24'WIDE ��21/4- BEDIAMETER ST�L C 30�. ---_- -- WBE FRAME.ERS EE O O COATED 0.1VEOM1D� IBD• 4-THICC,9G/�4'CRU ... ' .••, GLIDE \SKNG SAFETY ZONE a VEL kk Dw R6'GRAVEL \\ BACKED BENCH PICNIC TABLE Ib4 N �b g (., `\ g06 597Z1.64 5 NOT TO SCALE V NOT TO SCALE 5-"057 R2250 947525g752 0 ` `` NOVAPLAY COURT SURFACING;APPLY `A (J—' oz ACCORDING TO MANUFACTURERS SPECIFICATIONS __` 5-M23,, ASPHALT PAVING;TWO-15•LIFTS; PERMALOC ATW.ETED6E AWMINIM COMPACT TO q3%MAX.DENSITY RESTRAINT WhEEFHOM INSTALL AS — '•..:.:':..:: .•:.+•..•:...:..:....: ......: ....v:.::•::c,•.•:. PER MANUFACTURERS SPECIFICATIONS COMPACT GRADE tl1 ADJACENT TO RESTRAINT iV PLAYGROUND SURPA INS e 5/4'BULLNOSE -III—III PILL ALL VOIDS UNDER RESTRAINT W 43 R®AR CONTINUOUS FOR PROPER SUPPORT o 0E•y BASKETBALL COURT&PLAYGROUND LAYOUT — BCEMPACOND BASE`�E opo;o• p (n CRUSHEO GRAVEL BASE: ,� —p .O O.O O C SCALE:1"=20' COMPACT TO 95%MAX. ' - '0 AT DRY DENSITY i_v 1( O SPIRAL STEEL SPIKE c-• AT 12' C.(TYPO OR 4' oz.HIN TYPAR 9501 . I�1=III—III I I-1 SEPARATION SU86RAOE TO BE COMPACTED rU GEOTEXTILE 7O q5%PROCTOR DENSITY; - 4-DEPTH COMPACTED i I III—I i I—I I I- PLAYGROUND PURNI SHI NGS SCHEDULE _ SLOPE TO DRAIN MINIMUM 1% g° GRAVE.BASE,5/4'MINUS N MANUFACTURER ITEM MODEL NAME MO COLOR QTY I.NOVAPLAY SURFACING AVAILABLE FROM NOVA SPORTS GAME TIME SWINGS MODERN FRAME.ADD-A-BAY P123g+P123q DARK GREEN I EA, R U.SA:I-8OO-tSA-NOVA;CONTACT-BILL RIGHTER 1-&W-235-2440 SHIN&SEATS SUPER SEAT 4 EWA.OSED TOT SEA g6gq C g6g5 WA 2 EA. SHEET , BASKETBALL P05T CANTILEVERED POST W/32'EXTEN. 45q WA 2 COURT CROSS—SECTION THICKENED EDGE SIDEWALK STEEL EDGING BB BACKBOARD FAN SHAPED`AST ON NET ALUMINUM 454 WA 2 7 Q BB GOAL/NET SUPER GOAL W/NYLON NET 454 WA 2 NOT TO SCALE v NOT TO SCALE 7 N7f TO SCALE FIBAR 1Nc• PLAYGROUND SURFACNG 12'DEPTH FIBAR MULCH 512 WA eo cY . PF_RMALOC STEEL EDGING AMETBOSE ALUMINM RESTRAINT 4' STD.ALUMINUM 30g LF SD3 J. JOLENE to �Il,n - 14 ° %:" ' IRRIGATION LEGEND `i I84LAR e '!,llil� SYMBOL 17ESGRIPTON SIZE MANUF. MODEL• .,.W! 9,t4`�,�: I _3 jIt i,1:1 _ , ,'r• ,V2 C O FOP-UP ROTOR MEADS s• RAINBIRD 55o9-NP-2,4A&0 40 p�1 °°%%n,`:H,�a��,• J 1"i i; i•�'! - a ° _� F"JJ�1 �•� l :� ELECTRIC CONTROL VALVE I.J-1/2• RAINBIRO 100/I50-FE9e-PRS-O-W V UP TO 25 GPM OR APPROVED EQUAL AMA'"•,is . J'',!1`,,,�..!I I _ . _ I u2 LIP TO vs GPM a � - B DESIGNED BY z . ~- 320 OMP ZONE CONTROL VALVE V RAINBIRD XGZ-I00 PROVED WM -6;P51-~X400 AMA 2 , I �i• r � ',; ° ?'�^1 I^. OR APPROv®EOUAl cy T QUICK COUPLER VALVE r RAINSIRD 44 NP OR APPROVED EQUAL DRAWN BY 0 A- --- ® MANUAL ISOLATION VALVE LINE-51ZE SPEARS 2e22 OR APPROVED EQUAL �..� -I CMECKEDF 2• I• ° •� 1 /' / COMROLLER 24 STATION RAINBIRD ESP-24114G 07.OSO6 a ,�� ! �!_ _ r e / DATE I ,:;.. I;,• ;III; a J41 14 ( AIR RELEASE VALVE W2• eazMAo 441s OR APPROVED EQUAL osozi ','. ^''.f'+ 'II I /`• v 1• 31.8 26:0 } / '1 Q M/UN LINE DRAIN 5/4' WA PROJECTNO. 40 �:2' >.. I� ,J i'� SEE DETAIL 4/IR4 l'L 1 il,l I.I I I I \ , -" LATERAL LINE A5 INDICATED 5CV®ULE 40 P/G 06021_IRR.dwg N /' 1 1' ��,I�''L!i • ! _--___MAINLINE 2' SGI®ULE 40 PVC FILE NO. p'gl1l I''I�• n I; \r R 1 1\ 9U4VE LINES a oR NOTED SC!®UL0 40 PVC )` II I '4�lihl�i,l '.\ - r ��/•/ 1 i_ -_._ --.__� -- -DRIP LINES W4' CLA99160 POLYETHYLENE ! '.,11!I,III11,I _ y 2• -',. NO SYMBOL DRIP EMITTERS ID,2.0 SPH RAUNSIRO X040,20 z j ` ; - I I�•I ' - 1 ' - -4 LINE ��STATION N,FBENi DRAIN DRIP ZONe STATION - /' pu �s4f}T.�: � // Q �A�i I t t 13�PZ•. x.-§e c y 1. - 81 e 7d Nest 0��• 7'[:li5v_��,sf - 2' r GALLONS PER MINUTE -! 4 \ 29.6 (GPW 6p GALLONS PER HOUR(6PTU 3 %�.'.1, �' I 11 f IR2: ;' oOSo } 1 1• u,,:,I:;�ll`� _•�� ! '' ° 1-Il2.34,9 ., ,i �.;' IS-NOZZLE NUMBER 1 DETAIL NUMBER RL: zF�E2 i ,;I II•, I e �i ..l QP-IRRIGATION WAD L2 SHEET Nd'EIER allii','II F r3r { I 1J. . d 1!lip,; ' Lr-.:;T`:••};� '`�� __ _-I- I-+y 1, l J f`, s' I it' ''!'' ! ! 'L J �' I IRRIGATION NOTES .. l:• I I I l. I;' �•J'!--�`,�.�' I ' '+�• I. CONTRACTOR SHALL MAKE HIMSELF AWARE OF ALL 4. SLOPE MAINLINES TO DRAIN. �I 1 : lI,!�: j , ,';`'' 1y ° P �' EXISTING AND PROP05ED SITE CONDITIONS,INCLUDING 10. LOCATE SPRINKLER NERDS TO MINIMIZE OBSTRUCTIONS THAT Deiao�PiENoa1�D' IY PRIOR TO KCOMMENCEMENT of yy / ON,WATER WILL LIMIT RADIUS OF COVERAGE,CAUSE DRY SOTS,OVER i I ',�•. I''\1':'ll I ! 1: ' 1 ' l 6 9 WORK. NOTE ANY SLEEVES AND IRRIGATION STUBS,FOR SPRAY ON BUILDING".57R1GTI1RE5.PAVEMENTS OR OTl�ii ° 9 �/' 27.2 It. Ot DAMAGE. • l�f _1�I1;;' 'Il; G",r'y'.d �': :a K' / e 2.FUTURECO WOR C M CONTRACTOR 1 SHALL BE RESPONSIBLE FOR THE OLLEIR LOCATION, W VD ' }: 1 '1I;III; I�! �} +/;�i ,,I Kw'•: ! / U CONTRACTOR SHALL LOCATE AND PROTECT ALL MOUNTING AND 120 V. SOUR SUPPLY E THE CONTROLLER. z r t1 F•-1 UNDERGROUND UTILITIES,CONDUITS,AND STRUCTURES AND CONNECTION TO WATER SOURCE TO MEET FIELD CONDITIONS. +`• ° ,rn�t'. : 32.0 SHALL ASSUME RESPONSIBILITY FOR ANY DAMAGE INCURRED. COORDINATE INSTALLATION WITH OVNERS REPRESENTATIVE AND ll EV I 5. THE IRRIGATION CONTRACT INCLUDES SUPPLYING AND OTHER TRADES. 1�••, I 4 j', INSTALLING ALL MATERIALS AND EQUIPMENT FOR A 12. CONTRACTOR SHALL BE RESPONSIBLE FOR FINAL BALANCING 1"\ 320 / COMPLETE,AUTOMATIC IRRIGATION SYSTEM ANY ITEMS AND ADJUSTING OF COMPLETE IRRIGATION SYSTEM,IWAIVINS I' 1 , J}II I II " •`'\ 'i.' e / a ' REQUIRED TO CONFORM WITH 5UGH INTENT ARE CONSIDERED ROTORS,SPRAYS AND DRIPLINES. 3 ' 1•`!'l i�!I'.: I :. ,� 1 / TO BE INCIDENTAL TO THE WORK. 15.NO SUBSTITUTIONS WILL BE ALLOhED WITHOVT W2ITTEN O (n I I t=• ' e FT 4. THE IRRIGATION PLAN 15 5GHEMATIC.FIELD MEASURE ALL CONSENT FROM THE LANDSCAPE ARCHITECT. rTl ( . .',' :!,:''I I'I I �t`' DIMENSIONS.EXISTING,AND PROP05ED CONDITIONS,AS P1 I•`I 1; '•9 1 I,l -i 14.SEE THE SPC-CIFIGATIONS AND DETAILS FOR FURTHER lz! I :'•� lI I •l .\ ' - - I-)'f / :` !" REQUIRED TO PROVIDE COMPLETE AND OPERABLE SYSTEMS. 5. DO NOT WILLFULLY INSTALL THE SYSTEM WHEN OBVIOUS REQUIREMENTS. !� ?�•1''•I�;.III}II '�, \ I I' 2' __ -'9- p - - _ _ __.-- OBSTRUGTIOIS.GRADE CHANCES AND SITE 6EOMETfRY EXIST. ND 55 15.SYSTEM AT THE FURTHEST HEAD. CO AVAILABILITY SHALL VERIFY Y.\ .\ : , / SL1CM DIFFERENCES SHALL BE REPORTED TO THE OVNERS '.III'•'';1'I.1; /!' IT 32.0 'H _ REPRESENTATIVE. IN THE EVENT NOTIFICATION IS NOT MADE, AVAILABILITY AND COMPATIBILITY WITII THE WATER SOURCE. W : . ,• _ / tI�'!i I,l• /yy ,,! �.y 1 RETHE CONTRACTOR SHALL ASSUME ALL RESPONSIBILITY FOR 16. ALL DRIP IRRI6ATON PIPE DOWNSTREAM FROM ELECTRIC N : � '`'•'1111'II ,•4 x/ '{'-.-. -e ' ,�y-%' ANY NECESSARY REV1510NS. VALVES 15 TO BE 160 PSI 5405 POLYETHYLENE PIPE INSTALLW W (�I \ II•• 6. CONTRACTOR SHALL REFER TO LANDSCAPE AND UTILITY ^ O 1�5' 0}!H I I :1I i , I ''Z _: KITH LL P TYPE FIBS SHALL BE BURIED T HAVE A M N. J 20 1 l:I I!ti!I,II N '. / 32t �' PLANS WHEN LAYING OUT HEAD PLA ZMENT AND TRENCHING. �1 J2.6 2Clull, •; COVER OF 10'DEPTH. ALL DRIP T1BE SHALL 8E AT SURFACE V LOCAL WONT. ON INSTALLATION SHALL CONFORM TO UNDER FABRIC AND MULCH OR BURIED AT 4•DEPTH COVER OVER w '�/I PIPE IN LAN AREAS. / eI~11 •'} 1• .,�:I i I '] i : {' a. PROVIDE DRIP IRRIGATON TO ALL TRIES SHOWN ON THE \\� / 202 II'/ I 3 I / �'" PLANS. SEE IRROATON SCHEDULE FOR EMITTER COUNTS. a �!1 4 ,I, HI'I,IIIIIiI; IIIi �- �'f!, � � 'IR3' .r+• 1.� i, i I II l'I: :i I1, '-.+.•�s.�s 'l ( ,1 DRIP DOTTER SGmll6 MR TREIS�%Rt IN MM41 OATM LAM AREA,4 ONLY 7 r'I .'ll -• I,a it ll{'`.1. 1 '".' _ - e .� _` ,✓ SYMBOL BOTANICAL NAME COMMON NAME EMITTERS ^1 AGER 6INNALA AMIIR MAPLE 5-1 SAL. �I .+ •I';{:'I;Illy _ - AM Ah1ELANGHIER X 6ZANDIFLORA AVnMNBRILLIANCE 5-1 GAL. u�`I III s••' +± 'AUTUMN BRILLIANCE' SERVICEBERRY F-H ' tl �'I •.1111 Y.'.i':! I 1 AP ACER PLATANOIDES TNERALD QUEEN' EMERALD QUEEN MAPLE 2-2 GAL.,1-1 GAL. .'r ° ' ' AR ACER RVBRUM WORTHWOOD' NORTHI900V MAPLE 2-2 GAL,1-1 GAL. ,1;s Iu':. .` _§ j �.;'• GB OM FO CORMS BAILEYI RED TWIGG DOGWOOD 5-1 GAL. �:�fi-y IR2 1• i..'I : GR GORNU9 RAGEMOSA GREY I7OG4,I000 5-I GAL. [��1 FP FRAXIWS PENNSYLVANIGA BERGESON' BERGESON ASH 1-1 SAL. �I rr k 2-2 GAL, ST 6LEDITSIA TRIACANTHOS'SKYCOLE' SKYLINE NONEYL000ST 2-2 SAL.,1-1 SAL. ••I 1 •'1'!j i I' -t l�. I , I y P6 PICEA 6LAUCA OENSATA BLACK HILLS SPRUCE 2-2 GAL.,1-1 SAL. 1 I ,', '.,I 1. III _ .� _ 1-)<j• 2' � a CONNECT IRRI6ATON MAIN LINE TO PH PIN15 NIGRA AUSTRUAN PINE _ 2-2 GAL.,I-I GAL. F�1 I'/` u'6 EXISTINfi MAIN LINE ON WELL SYSTEM PP PI PUN6EN5'SL.NIGA' COLORADO BLUE 5PRUGE 2-2 GAL,1-1 GAL. �� J' IN,PK45E 1. PLACE AN AUTOMATED � ( I , „,'•' 1, I e I' ! FILTRATION KIT AT START POINT OF PT POPULOUS TRB-ULOIDES QUAKINS ASPEN 5-2 GAL. • I I-`" :'� F. MAIN LIKE FOR THIS PHASE. ;•.. ;'!.,':.I1. / r rat I 1 l 5D50M SOReuS DeCORn SHOWY MOUNTAIN ASH 5-1u I GAL. _ .,•?'.�'!� CH )jl fs " SP SALIX PENTANDRA PRAIRIE CASCADE WILLOW 5-26AL. N SR SYRINSA RETICULATA-I--SILK IVORY SILK JAPANESE TREE 5-1 GAL. LILAC SHEET _ G LLATIN GREEN BOULEVARD % IRRIGATION PLAN , M - - --- --- IR1 1 SCALE:1"=30' nfl JOLENE J. FINISH GRADE RIECK \• ___ t—._. _ !I I! I f;fln I L I'/ { __ _ _ •rI _ ' 1 I•`\. '.. 1E1 I M I .......... DRIVEN ROTARY 184LAR AS SHOWSL SET ?6, Is ESTABLISHED E TO 64ZAVE MEN TURF r I M El I lEd I El I M I lEii I I I I El I M 117 d -1 AMA cl� 4 DESIGNED BY 2 2 2 'N SCH 60 WITIZED PVC AMA SHIMS JOINT,12-LENGTH FUM WBY 0 45'MAX PVC LATERAL JJR z IPE E NECKED BY IL i. 07-05-06 0 —24\ DATE F. 2- "-I, -/ I - - - - - 50f 40 PVC TEE 06021 I;.-1-I--- \ 1; 7". OR ELL PROJECT NO. Qa r ROTUR HEAD 06021_IRR.dwg FILE NO. V NOT TO SCALE L) IT: j �/ KATERPRDOF s, CONNECTOR5 OR EGUAL Lu o p 0 RECTANGULAR VALVE BOX FINISH 6iRADE/TOP Or PRESSURE REGULATING MODULE 6, 3"MIN. REMOTE CONTROL VALVE PVC.SC 60 NIPPLE(CLOSE) PVr SrH 40 ELL HiC PVC.SaH 00 NIPPLE(LENGTH 1-5 REQUIRED) BLOCX 0 OF 4) 7 • bM PVC,SCH 60 NIPPLE(2-INCH LENGTH,HIDDEN)AND 56H 40 ELL PVC,51-H 40 TEE OR ELL `�_ I 1 ��!!/'c - r/''!; !11!//lr+;' - '•%i� \.,- .• _ I I _ ._i / PVC 5('14 40 MALE ADAPTER PVr-LATERAL PIPE we MAINLINE PIPE! X % I S'DEPTH,V KASHED •' -- ! I I ! ;• \• _ T,. �.i/.' ! r- <- - �• _ l- a/•J r ' ROCK ELECTRIC CONTROL VALVE 123 NOT TO SCALE . ..... RECTANGULAR VALVE 0 E30X GRACE 6 t LIKE SIZE BALL 0 VALVE.SEE T SPECIFICATIONS ♦ MAINLINE-Y" 2 c cr ZZ, SCHEDULE 60 6'DEPTH KASKED •ROCK PVr-UNIONS 19 ISOLATION SOL TION BALL VALVE NOT TO SCALE \% Xl` Z FINISH NM- 0 DERMAP PEL 4415 VALVE BOX AS F-I 4 1, SPLZIFIED RELEASE LINE!SIZE SATE VALVE, AXTVACAJUM -< VALVE 145. AS SPECIFIED • -?/ 2"XWTHREADED MA V� NIPPLE,LINE SIZE LINE SHEET IRI 1R1 7� t= 1; 2*X2'X2*SXBXHIPT TEE I'- SCH 40 PVC,UNION tFj ul -7- MAIN LINE PIPE u) BL COOCKNCRETE THRUST SHEET IRRIGATION PLAN P-30 AIR RELEASE VALVE IR SCALE: ' NOT M SCALE , 1116111111///// 5/4'WC SON 40 UNION FlwSH GRADE 5/4'We SC 4 40 EL 0 OF 2) = RIECK • TAPE BIIMAL.E ALL WIRING AT 10 FT. ELECTRIC,CONTROL VALVE • INTERVALS.MAf�ALL SPLICES IN VALVE VALVE BOX W/COVER 184LAR �� BOXES�LOCATE ON A5-9UILT PLANS. • �:y'� TIE A L005E 20 FT.LOOP IN WIRING AT l�1L ALL CHANGES IN DIRECTION GREATER DIRECT BURY FINISH GRADE PVC SCH 40 ELL '/�of�PE•N��''� nnnu a SF&LB19 THAT DESREES ;�rs. UNTIE ALL LOOPS n PVC SCH 50 NIPPLE y PVC,SCH 40 COUPLING AFTER MAKING CONNECTIONS* 9/4'PVC,5CN 40 RIDIICINS MALE INSTALL ALL 12OV.WIRING IN CONDUIT. I •pqI ADAPTER 0 OF 2) WATERPROOF CONNECTIONS L7 PLACE ALL WIRING UNDER PAVEMENT AND J E5 RECTANSULAR VALVE BOX AMA fl THROUSH SLEEVES IN CONDUIT. LOOP PVC,PIPE TO DISCHARGE TO A TOP OF MULCH OR FINISH DESIGNED BY Z CONTRACTOR HA5 THE OPTION TO SINSLE RAIKBIRD MAXI-PAW GRADE LS TRENCH OR PIAl P.E.DRIP LATERAL 2045A-5AM HEAD PVC.SCH 60 NIPPLE , AMA W LINES,PROVIDED MINIMUM COVER DIRECT BURY PLAN 5•MIK DEPTH OF 5/4 INCH WAND P/C,5CH a0 UNION FOR DRAWN BY Cl OF 10'CAN BE GUARANTEED. E49tl FINISH GRADE vz _ � 51 MIN. SERVICINS ASSY. ,J,JR Z PVC SON 40 MALE ADAPTER CHECKED BY 3 n A � 5'MIN.DEPTH OF V4'MINJS07.0$•06LATERAL P(ASHE O O K DATE ~ MAINLINE 5/4 INCH PVC PIPE(5-INCH LENST) BLOCK Y-FILTER 06021 120V HIRE A. 41,1-A'F a I 20V LATERAL PIPE IRRIGATON MAIN LINE ILLREMOTE CONiROLNE PRESSURE R 1L`A�TOR PROJECT NO. IN CONDUIT , i IN TRENCH INI-IHE WYE FILTER 06021_IRR.dwg p •a BALL VALVE FILE NO. a I-1/2'PVC SCl/40 MALE ADAPTER PVC,MAINLINE Lj } r/ NOTE, AUTOMATIC,FILTER KIT IS COMPRISED WC SCH 40 TEE OR ELL J OF Y-FILTER,,REMOTE CONTROL VALVE,S/4' UNION,(2)5/4'ELLS AND 1'X5/4'REflUCIN9 MALE WC,SCH 60 NIPPLE(2-INC4 LENGTH ADAPTER HIDDEN)AND P/C,SCH 40 ELL z TRENCH &BEDDING AUTOMATIC FILTER KIT DRIP ZONE CONTROL ANAs 1 NOT TO SCALE 2 NOT TO SCALE 3 NOT To SCALE 3 1 ooio w �a O -z i We UNION WELL CAP VALVE BOX 0m 5'MIN. FINISHED WICK COUPLER BOX WB GRADE WATER L 9'MIN. DIFFUSER BUS CAP JUMBO VALVE C,A51N6 }Ip'DISTRIBUTION PRESSURE CAUSE }Ip'TUBING STAKE, 5/4• � 1L�1J111 DO NOT PENETRATE DROP PIPE TO WASHED Y ROOT BALL IRRIGATION SUBMERSIBLE AGGREGATE y \\\ \\ PE LATERAL PIPE MAIN LINE PUMP SINSLE OUTLET \ _ ,//�� 1��••//~ �1 PRSATiNIIS III 25OV,5POPeR TNSLE PHASE POWER CAAEILE. PROVIDE M EMITTER, SEE ``• I FROM METER LOCATION SOICOMPAC,T L • �'SEE --�; — PROVIDED BY NW ENERGY IRRISATON �-1I .. ;�• III: SC,NEDULE FOR �—':.::^., r FLOW •_I I CANGRETE 4'WC,,RI9E2 MAIN LINE HA r 1 OFF-jyl THRUST BLOCK REWIRED AS ED TEE ON \\/' THREAD �,/ SUPAC._ \ BOTTOM a o NOTES MASTER CONTROL .°.e °VALVE CLOT/,TURN I. PLACE EiITTER(9)AT THE BASE OF THE \ ROOTISALL. SEE SCHEDULE FOR THE TOTAL N1M®ER BRONZE CICCK° DOWN AT ENDS OF EMITTERS AND FLOW PER PLANT. VALVE LIME 5'OF 5/4' 9/4'BOILER TO PA TER \\y / O/'� W 2. SPACE MULTIPLE EMITTERS EVENLY AROUND THE SIZE MINUS WASHED DRAIN VALVE ROOTISALL. BALL, ROCK \\ \� VALVE �Y� \ FVTIN65 4 SCH eO THREADED NIPPLES DRIP EMITTER PLACEMENT POINT OF CONNECTION-WELL �� \y, � w A C� o `f NOT TO SCALE v NOT TO SCALE \ O O O / V yT N VEIL W/MIN.1 CY F 1-IY1'WA511ED a IRRIGATION CONTROLLER ATE Q I20V OUTLET \ �\ a MM PUMP CONTROL BOX t F�••1 METER MAIN BY ELECTRICAL CONTRACTOR ELECTRICAL METER BY 6 MAIN LINE DRAIN POWE C R 014PANY FINISH GRADE NOTESy NOT TO SCALE 1. ALL PIPES ARE TO CENTERED ® ON THRUST BLOCKS,. m 2.CONTRACTOR 15 RESPONSIBLE FOR ADEQUATE CONSTRUCTING THRU5T BLOCKS IN ALL PIPINS INSTALLATION. PUMP START RELAY THRL 5T BLOCKS NOT REWIRED ON w LOCKABLE METAL NEMA SECTION A-A 2-1/1'DIA.AND SMALLER LATERALS. ^ OENCLOSURE,V47ER THERCOVE TGNT; /T BLOCKS GD FINISH GRADE \ Fz REWIREMENTS WIC,IC C,OUPLIN6 VALVE IN A ROIFID OR RECTANGULAR VALVE BOX - 1=I I 1=1 O SCHEDULE 60 WC,THREADED I I II —III—i 11- NIPPLES:LENSTMI AS REWIRED ELECTRICAL CONDUITS T' SCHEDULE 40 rITTINSS,TYPICAL 11 -I I III 11I I I III I �/ PIPE TEES R ELBOYC° MAI PIPE 1111111II—1' 11111111 1 t FINISH GRADE 9IIE PLU65 22-1/2' 45• 40' _ F F•-I A B A B A B A B i l III-III III-III I-1 I I-I I i- 2-4 24• 12' 12 T 12• 21• 10' 6' 55• IS* 12' 16' 24' la" 52' 24' V a• 40• 24' 16• 24' 30• 24• 45' 90' — — — — — • 10• SO' SO• 20• 50• 40' S0' 12' bl' %' IS* 90' 56• SO SHEET aT• s6• SHEET 7 WELL PUMP PANEL �, THRUST BLOCKS NOT TO SCALE �Of NOT TO SCALE 9 QUICK COUPLING VALVE IR3 NOT TO SCALE I a i GAL TIN GREE BO \ —— —— ——1——I———`r ——— —'FNI - I / e I � ^ i > ' r r ;I � •II r:l ]P] Z r:-1' I-: r:1- I -J. a L_1_L_ t •\c , \ = I I [-� _- _=_ - - .--: -: 1 : I I : I : IL:-r'"i: I : � :`\ -. ��:e�.w � -: 1`�I,':'V. .. � »__r ..� ,,• =I ft: 1717 F-T. 1 . F/IL-I:-I : r:'1=r•: it Imm r Z - •2 II � ��'� h.. � I :9� aaa\\ ��,\ 1 . I iJ-. I . � ■ I , '� � i 2 C• I�•L. o�\,;. \- 1-.: I �P:��l.: I,�: I ' I F-I � -I H: I •r'.y_: I ` - _ � % r \I : I : I : n I : I : I : I : 1 ' I : I I ' I :��,I : I'. `�I . I .tom : I :•f�l�. Q �� II ,� q � 2 2 � -' I\\I :\I��(:II : I : I : I : I : I : I : I : I : I : li�l : I : : I��-;_I : I�'I�),: I :•r ►�+ :mil' I : I\ �I : I : I ( I ; I : I : I : I : I : I : I : I : I :�f: l : l : l : l l : l : l : `: IN : 1 1 � x � / ., 1, I : I : _. :�J L_I_1 I_•I=1 I : I : I : 1 : I : I : I : I : I Y'(�1 I : I : I : I : I :�/: I : I : 1 :J.!I : �� `�,�'--- __ ,+ _ --- � =-•�VT�I�I : I : I : I : I : I : I : I : 1 : I : I : I : I : I :1-'1"I1 I:I : I f" I : I1:i�r-r�•I . 1 : I : 1 :A: 1 : 1 : I � I : 1!: \. � � -.-`=1 � - `-- 1- --•I••�� .`��y�l : I ' ' I : I : I : I : I : I : I : I : I : I : I\�I : I : I : I : i : I : I : I : I : I : I : I '1�: I : I : I : I : ��I I : I : I : I : I : I : 1 : I : I : I : I : I : L _i .y` '-.`__� I\; I : I : I : I : I : I : I : I :•I�I : I : I ' : I : I : I i-: 1'7 L J-' 1-;-H ROAgnv:.. a• . I =m 011=111 W =1 I I 11-1 I I I F a 1 F—,I�i�-Tr I N L � y I:,F:i' ':?� ►—� :, Nr U) In I—I . • m T M _ tmTJ �p(III1 l _ Iy10 > �f `Q� ��DDpmy1I1 TIz N < H �N1 Y 1 SSNy QmTztn ° (- ~Z N IJSN H� OT _ 2 { ,�, pgo r Qyypp�� D G` pCT 'DU as ]yNNZZ1 pC "bb00 5p my�IIIII�TI p Z fllaxI L�J x Vp �� N B LaJ xOIy PU leg y r 'ii U l~ 9 S ~m V10 < > '� a �1 i ly IC ® y Iil a~ �il ® D Cm' Y PM to 7� 10 • ce SHEETTITLE PROJECT TITLE 01 LANDSCAPE PLAN BAXTER MEADOWS LINEAR PARK o a �+'' C� &PLANTING DETAILS PEAKS TO PLAINS DESIGN6 m * 'A ' PHASES 2A-2C-6 � BOZEMAN,MONTANA 20B NORTH BROADWA9,SUITE 3Sp z� •:�� BIWNGS.MONiANA59101 'i'rp Imo)WW.PE 9-TOPLAIMMS.CO FA% .• W W WPFAKSTOPW,IS.COM C)2OD6'EAKS TO PLAINS DESIGN,P.0 ''''��111I.M1�""`�```` I i 6 x L_� �_--- - ----- --- ��- ---- --- --- --- --- -- �I ail•`---� _'. __ = = — _ — —= -- -_ _ --__-- _--_--—=—-_ _— — 63 Z z I .�r..� �;' i ; � i � I I I�•I . --4688- 1- I p TC d W N W W W A W J N N a O P W C W-J Z -f �z�k ��g NL a 0t t `_• QQ >C @ypj yv O uiSASW N =Zp L(\110 J m m d pyTW � N c'- t\Q f r �y> 1I��-1j t\ OO I11f�`ltnll zz p r m Am o � `; 0 � Oo tpir j 00- D j (\U,777��tttz> 1IS�I1 0N,ti IM1 (�\ fUIO, ° �m 'l � ma Z im r rmo 0 W Q�1I 'ptI 2_ rIt (zyl ` I I rn WIII O I11�V N-1 V F m 111z ilj� a i°$ D° D A IE'M �0� n lP D �A v um di ��m$ , ommg < z �mkv y� myri Q� " 3Z 3� 3rn z � �� wy < u �Rsa�� o Pl CF �iWr2L 15{p� z X X XQ nE 2 F gdys� A r 0 Y Lit N $ o f 8 z _ e r a o 8pp i Z U, � R � � � mmmmmm mmm mmmmmmmmmm D m m m m m m mmm w w w w w w w w mmmmmmmmmm 0 y y • = SHEEfTRLE PROJECTTfTLE 'z °>o i E: m> °m> ,uuuuu„� LANDSCAPE PLAN BAXTER MEADOWS LINEAR PARK o N n °or''• "" •• ',', C� PLANTING SCHEDULE PHASES 2A-2C-6 PEAKS TO Pie S DESIGNS o m m " * s ? .•" N &NOTES BOZEMAN,MONTANA 208NORM BROADWAY.SUITE 350 BIIUNGS.MONTANA 59101 (406)294.9499-(406)256.7123 FAX '��rt�i •••.,•• wWW.PFAKSioPWNs.cOM C)2006 PEAKS TO PWNS DESIGN,P.0 l � � � . � � . � � , � i � � � ? ., 4 i 4 !i 1 � � 1 ' � d •. I+� 1 I f 1 7 +� i {� 1 1 Y � � k i ! � •� s r r I Note: OWL LOT EIREAnOWN: � RSL DATA SUMMARY: A Conditional Use Permit must be granted todevelop USED TO�r Cou1v,' Area Required as RSL's (7.590 of 18B,584 SF): 13,892 SF C ground floor residential in Block Iq. PHASE 6 TOWARD BAXTER OWV.OF I.aMs I.OT/HLOCK. ARF2688 RED 2688 xr FUTURE PHASES Total Area Provided 88 RSL's in Phalle g: 48,773 SF , I.OT z/BIACK,6 z688 z688 2 L.OT 3/BLACK 16 2688 2688 3 LO,'4/BLOCK,6 2661 2661 Lot Area used to meet Phase 8 requirement: 14,008 SF p �•1 4 LOT 6/BLOCK,6 2911 2911 5 LOT7/BLACKI6 2944 29" Additional area to be counted toward future phases: 34,765 SF 6 LOT 8/BIACK 16 29" 2gg4 7 LOT 91BLOCK 16 2%4 2%4 T1►T A B L.OTI,/BLOCK,6 30 3072 — Fi LPL P.U.D. PLAN — q LOT,z/BIACK,6 306o 60 3060 10 LOT 14/BLOCK 16 2731 2731 11 LOT IS/BLOCK 16 2772 2772 t ' nc LIm, 12 LOT 16/BLOCK,6 2>•7z z7n I I Prepared by: PC Development 13 LOT2o/BLOCK,6 3162 3162 I 14 LOT 21/BLOCK 16 2856 2856 'I Last Update: q-zo-off IS LOT 22/BLOCK 16 2856 2856 16 LOT 24/BLACK 16 2856 2856 I I 17 LDTWBLOCK,6 2856 2856 48.773 14,008 34,765OF TRACT 2A I I 1 I MW41VT g a ' Le end: Go.s am r.o mMLO oab 1 I I D El OPRN SPACE PIIBl1C gIIFA— ]� I•— QJ ' I PI1Bl1C STREET.!IIRIIY ROWN�OF TRAar TA •�FA'S�r i 1 ■ DEDICATED PARK r—EASEMENT DOG#2103143 C.O.S. IOTA ��tbl� 2nr l ❑ HIGH DENSITY SINGLE FAMILY LOTS D Id41'8Tt 6a.1/ IDETACHEDj ❑ MEDIUM DENSITY MULTI-FAAULY LOTS PU6lC 11Y1Tt16Nf At STORM DRAINAGE �It ME CO a EASOE)Ir Doe ,aoa(EO6 s NOT j / ❑ s�^�m sttDNN.n,.I c1nitT J ' INTERIOR RIGHT-OF-WAY --nsMrxrAm®0 _—__ I4r____----_rwiDwca_ ! I.P41��__—_—_—_—_—_—_—_—_—_— r � I fffiIt10 tE1W05 KIMBERWICKE STREET i 1 S.RT WIIIO 25'TM _ PHASE6ROUNDARY $$. RESTRICTED SIZE LOT 40m' 'c IV ---._—_—,.W7,Y tr I' 3 apt_° fl 3 4• 24 LII _______--_ F______ DFAOf]rt ,I am p"g , —li'415IFL'j E.E11�I,,y II -- I I II �,DOTAL BAXTER MEADOWS 1 11 'a ME mm . PHASE 6 ACREAGE : 11.28 ACYffi M R . i—' (DEVELOPABLE PROPERTY) _atmt o zrR y Ig I (B!<6 Ndli 1 AHOYi) ¢ -- 41012F 1 I ---- 611,11s--- I ' 14at4' ...-- c`� -- —I 1 a ° r-- -„�, r4209 N r s,aff EASENAND I T- LAND USE ACREAGE BREAKDOWN BM I ' Dac /Tzlooss(Emote D) / I I Ill 31U IF , „—I I / / SINGLE-FAMILY RESIDENTIAL: 4.28 AC s N is I MISS s le RILL I rs I I i / / MULTI-FAMILY RESIDENTIAL: 2.19 AC 411114 s ¢ 48D s I --- I �) ► — 0an1 EIS010� 7 I I f r SUBTOTAL: 6.47 AC --- —., s WL I 4I I I j s4 (BUILDABLE NET ACREAGE) / INTERIOR R.O.W.: 2.85AC 1mY____ If_______�_ ___1 ' ,m4s o I o I ' 1 4 I 4 14 � 0 I I �. I I // DEDICATED PARK: .96 AC ¢I 4=SeI I I a®s °m ♦� � OPEN SPACE PUBLIC ACCESS: i.00 AC s I W I m --- ---- ,$ ------------ I i 1 ,d _I /l �r '44 TOTAL: 11.28 AC o ao FE of 4% )i1 Ia I —z. 7 4tm c I Oa s I ' Llu7'1Q+mL+y mJ�y IIIaM r`A'1!>L Euq t� h 23 }I s '"`si„t� —74tilrC—' I L--------Nnt,Lrr—nu v ------ .: --- ,' � � •SINGLE-FAMILY RESIDENTIAL: W Z --- My --- I — _ I W Q EE HIGH DENSITY DETACHED LOTS ACREAGE: 4.28AC 1'j 9 #OF LOTS: 48 a I --- w Ji/ APPROXIMATE DU/AC: 11.2DU/AC a 1 Is IRSL I---"°c- 0 4m s I I �b 4.1R s I , a 1 E4 1ti L 1 i I I ! • MULTI-FAMILY RESIDENTIAL/LIVE-WORK: ---1/4,t7t----1 , L ---,ate----_ __-jDAmL---- I O E_OrIllE t II" I I I' MEDIUM DENSITY LOTS ACREAGE: 2.i9AC � — I — , tLt�-- 1 M ratat I a W I 1 = —�4mr--I I' I a°U1O ESTIMATED#OF UNTIS: 26 a 7 ' ®v I —&� I —I I La¢¢v1 rttor anus k ESTIMATED DU/AC: 12 DU/AC on s I >dIESL s I -= I_ ..abYt sn s ----'°'�— I ----'°°°°`----, ---is -- r —,W AN— Vft • DEDICATED PARK: a , 81Q is 1 I Za E7 rr I h (I RRrQ-- 1i NO'ft 1 ABM)) ! 44m s I w OF �.s s s R p0 a,2�s I R , a *—I I �I 9 o ISPta PUBLIC PARKS A-F: O.955 AC ' to 99 IE I I ma y ____ waom m ,� T M70,N Is Mao s I I OFCREDITED WITHIN OPEN SPACE[PUBLIC ACCESS]PARCEL: 0.105 AC ---I�'i147t---- -If417fL---- ' loop 1 I li 'i CEMFI60E OF SPFM Dnrm ----tam—---- I I--- �°°°°r_----I 1 M , t? n'°7,rtr"t 1 li 14l14 '• 75'TRAIL �''1RA7f4 OLL Ip I 4„4 V I �. I ' _�� _cur �e�`--- I I1 ! • OPEN SPACE[PUBLIC ACCESS]: t.00 AC ---1l41VR---- ' ---1�+tart----I I Ij 1 �r �avt \1sErER Ewsoldr I7 I Ia 1 V Ia I lIO1' I I 19 1 li I TOTAL 10 2a I I i N.m s a mi v ss,: i i i �Anr rAsoon 1 I I, NOTE: BUILDABLE NET ACRUNITS: GE: 6.q'7AC I MaDr s�J[O.mlt6�R.Q-� ' I___-- rcWasOort ' mF uam— I----t L--- L—ffi-- I--I.e_LEI= I ' IL--C------------------------ �1�! APPROXIMATE DU/AC: 11.44DU/AC r— •- � - - �'sF `-- DWELLING UNIT PER ACRE(DU/AC)CAI.CUTATIONS EASEMENT A EME NA7nONE•stab DRANAOE 14 ' � t� EXCLUDE ROAD RIGHTS-OF-WAY AND PARKS/OPEN SPACES. so 02 IS N SND tR BI O) '� f't191c EA,EmIE!srOEN Dw1wnE �� UNW'DANK AVENLIE 04AIE TL R 2D $ neff!pU[iICmmtiE1E�E 1mu%SO Wig D) EIR IDOL•- GALLOWAY STREET SUgDN�• r ) MAT OF SAAER MEAD /1f0314R)A� R BOULIMM EVARD nNAL p,AT OF WlA RMEADORS ASEyM 1 ��SION 0 zo' qo' 80' L:%=� ' " 1 2 3 4 1 Scale in Feet North ; i ' � i ,^ • �t ... �' y 1 r N � � � M ' i � 'a 44y ' 1' 1 . i � • ' . 1 Y e 9 1 h .. �" ui� �N • ............. OVAL 12H ............. .................. LEGEND con .......... FEATURE DESCRIPTION 0 50' loo, 150' 11 BUILDING (EXISTING) S C A L E • ..................415-------------- CONTOUR RIM-4680-.89— CULVERT--(EXISTING) - NV N=4674.63 z Irlry OU 7-j 0 CULVERT (PROPOSED)4674.43 I I. ;tRIM ------------------ PURIA; i�uw =46R2.57 LUL;L U� URAVLL wz —-------------- U) (a ry)FENCE - WIRE FGr,�B2. i Lff5.-AQTaA-6.69..-46 uj UJI ow HP=82.4 -80.9 1 1 S 1 .,7 0 0 ow I k FIRE HYDRANT (EXISTING) 1.0% 1.4%— IKI BERWICi<E kREET; FIRE HYDRANT (PROPOSED wmw i GUY WIRE NJ INLET (PROPOSED) &7NJ It 3 4 4 • MANHOLE (EXISTING) 'Ns;, Fi7t. < ___..._..._x._6�Y_3_ _--��r�I,-- I1 ``I^�_I I�I Ii__'iiI MANHOLE (PROPOSED) a 0 RIM=4684.06 I OVERHEAD ELECTRIC INV IN=4677.95 12 -1- : "i 0.711 IW,,OUT"677:7! cc POWER POLE FG-,82. 4 4 TELEPHONE RISER ........... .................... 0 IN% [N=4676.65 20 ED co SANITARY SEWER (EXISTING)03 1 1 1, - l� 0-1 v.4.76-45 .............. ......------------------........... Rlh 3: DRAWN BY. JLN .................... ED) DESIGNED BY: IRRIGATION (EXISTING) DUALITY CHECK, KEW ---------.......... US!. HR:84.6 IRRIGATION (PROPOSED) DATE: 10.05.06 I I I I, '•�-� i �` / f' JOB NO. BOS-06-023 Lw .......... HS1 w STORM DRAIN (PROPOSED) FIELDBOOK —----------- UNDERGROUND TELEPHONE 0 ---------- RSI, E (EXISTING) WATERLINE 6 15 ---------- WATERLINE (PROPOSED) 5 rz- VALVE (EXISTING) c:) .............. .......... Rsl 8, 1"'i /'�', C:) PROPOSED STREET GRADE 'D PAP.Z L..................... LP 8 FINISHED GRADE 711 ............................... HIGH POINT '+� g c(N1O1Oo') (ii I( 1II _i_.(...—._..._.__.._____...____._..._..._._)1 II1 : '. F o -------------------------- ....................------ 6 LOW POINT J -----------....................... N w w LLI I F ................. ......................... Z cl) ................................ ..................... ...................... C'� i ;5 -1 ........................ w 211 I, l' ;i I v, z 12 Bt o ........... ............................... ................................ J i..... .................................................... cl) ...................................... I k, Lu T-r- I LU RIM 4686.33 6.) T INV IN=4680.22 ui U) RIM=4686.80 1 INV OUT,.74680.02............. t:...................... ---------------- L41 IN Lo tf;INV )UT;94680.b0 ij 0 Lu F dal3 .2 I_-5 FG 8716 > z > G C> 0 CAD N016-23MUP r 11. ISHEET I OF • • � � i • , i f 4 I 1 1 i 1 �I f • 1 I r i ! tl i � � a a, i � •1 VACANT LAND -1 L BA7�TER MEADOWS R 34 t ,QCI[Mll �� i r P.U. D. a a R — ZONING MAP SRLS7'DVG DAIRY FARM OfEDDLESCHOOLam4 P'I ..Esiff Prepared by: PC Development Laet Update: 8-3-06 Zoning Legend: t t p I 4 t [1[ n,, �, PLI FINAL PLAT APPROVAL 1 I Q P E r t " I �B 2B d El R PRE—PLAT APPROVAL l o ¢roam t I RMmE?TnAL ❑ Ri PRE-PLAT REVIEW RKDmIYD;. cumo' CONCEPT APPROVAL R4 spuaernru+r v� Y R t P �.S�X Bi k C a �- �'f' e. '( ; i - ®j B2 C a�rDu'aas�n.RESM-E g 1 -- � , Na fill.PIANDER4AffIl RD \,� , O A I 1=1 I 4 p t 4 LOT� - • � I �mwn / q � itisll i1 r i wEsrwDVDs EIIBDIVIBION / a CATTAIL LANE IT CH 7' PARAREL C � a 6 5 ` 3 2 1 BAXTER LANE PHASE 4 �C -__ _ - _ PHASE KEY 4 o Lgo' 300' 600' Scale in Feet North REGIONAL PARK • CTR TION I i ' Y`1 'y • {{ i .. ._ ...- '� i i � �� i t . { F t 1 \ 1 • f h� F .. a i i , j 6 y o n F 6 J _ � - • � , VACANILAND I • 1� 34 BAXTER MEADOWS P.U. D. EXISTING DAIRYPARM q.ty� gg PHASE SB - PHASING PLAN- MIDDLE 6CROOLSM g ,ffi Prepared by: PC Development Gast Update: 8-3-06 0 Legend: o —--— BAXTER MEADOWS P.U.D.BOUNDARY P E �� PHASE 2B qf[,nm77 / SI'DNCN FINAL PLAT APPROVAL CouNrY ks Q, 678ALR RssIDlflvlviL G PRE-PLAT APPROVAL TI CLINIC B� PRE-PLAT REVIEW IN P E 2E E EmQ SOMEONE CONCEPT APPROVAL < H7IL4CDY0 REBIDENnAL A IV• PLINDER9MILL RD vno.ee o WH.41'WDVDE 9UBIDIVISM YMCA PARCEL %W � LLIJ o o PHASE 4 0 I$0' 300' 600' Scale in Feet North §� REGIONAL PARK CTB ON i j p j • t �. � ... _. '` �� t .. 4 � � t . , � - 9 1 1 r � i � � � F ', a � � ! ._ t r Y E '. t I • - � r i 1 I � ; NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO 692 • �' (BAXTER MEADOWS PHASE 3 &6) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on September 18,2006,the City Commission(the"Commission".) of the City of Bozeman,Montana(the"City"),adopted a Resolution of Intention to Create Special Improvement Lighting District No.692(the"District")for the purpose of financing the costs of installing lighting improvements (the"Improvements")to serve the Baxter Meadows Phase 3&6,and paying ownership charge,maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention(the"Resolution")is on file with the City Clerk which more specifically describes the nature of the Improvements,the boundaries and the area included in the District,the location of the Improvements and other matters pertaining thereto and further particulars. A list ofproperties in the District and the amount of the initial assessment accompanies this notice. Pursuant to an agreement (the "Agreement") between the City and Northwestern Energy (the "Company"),the Company will install (44)Decashield 400 Luminaire light fixtures (the"Fixtures"), of which twenty(20)will be 70-watt fixtures mounted at 17.5 feet;fourteen(14)will be I00-watt fixtures mounted at 17.5 feet;three(3)will be 175-watt fixtures mounted at 20 feet;seven(7)will be 250-watt fixtures mounted at 35 feet (the"Improvements"). The initial monthly charges per fixture per month(the"Monthly Charge")areas follows: $39.07 for the 70-watt fixtures,$42.89 for the 100-watt fixtures,$42.55 for the 175-watt fixtures,and$45.26 for the 250-watt fixtures for a total of$1,826.33 per month. The Monthly Charge is composed of an ownership charge for the Fixtures,an energy charge and a charge for operation and maintenance of the Improvements. The • Monthly Charge may be increased as approved by the Montana Public Service Commission. All properties in the District will be assessed for their proportionate share of the costs of the Improvements as an"area basis"annually and will be payable in equal semiannual installments. The annual costs of the Improvements at the initial Monthly Charge is$21,915.96 per year,against each lot,or parcel and the total area of the District to be assessed is 38.98 acres,or 1,697,968.80 square feet,exclusive of parks and open space. The initial costs of the Improvements per acre shall be $562.24, or $0.012907 per square foot. The annual assessments for costs of the Improvements may be increased as approved by the Public Service Commission and may be increased to cover extraordinary expenses of repair and maintenance. The first year of special assessment billing will include an additional amount not to exceed $2,500 for publication, mailing and legal review associated with creation of the District which shall be assess in the same manner as the Improvements resulting in a cost not to exceed $64.14 per acre, or$0.001472 per square foot. On Monday, October 16, 2006, at 6:00 p.m., in the Community Room of the Gallatin County Courthouse,311 West Main Street,Bozeman,Montana, the City Commission will conduct a public hearing and pass upon all written protests against the creation or extension of the District,or the Improvements. Written protests against the creation or extension of the District and the Improvements may be filed by an agent,person,firm or corporation owning real property within the proposed District whose property is liable to be assessed for the Improvements. Such protests must be delivered to the City Clerk at the Municipal Building, 411 East Main Street,Bozeman,Montana not later than 5:00 p.m., M.T.,on Monday,October 8,2006. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at the Municipal Building,411 East Main Street,Bozeman,Montana or by telephone at(406) • 582-2320. Dated: September 18, 2006 • BY ORDER OF THE CI COMMISSION OF THE CITY OF BOZ MAN, MONTANA Brit Fontenot City Clerk Le a� 1 Ad Publication Dates: Sunday,September 24,2006 & Sunday,October 1,2006 I • • EXHIBIT "A" KIM R CKE ST. ,� BAXTER MEADOWS PHASE 6 �5 1 it .d' 1 a s a 5 STREET LIGHT SITE PLAN 2 1E 0 0 /� 9 19 l8 IB YO 7 B1 �� { 1{ O 16 W 22 a W ypG� Legend: a9 W O a PHASE 6 BOUNDARY e`Y� SYMBOL PHASE 0 TYPE CATALOG ARM HEADS HUGHT CONFIG. G 24 IO [� ® LAMP FIXT. LENSE ARM POLEMT. RK. C� 2 P1 70-MH-OMS"-SG1-V-OMIA-SMSF-I8-BKTK 2' 1 17.5' STAGGERED 7 17 25 11 ® 2 Pi t00-MH-OM550-SG�V-OMIA-SMOF-IB-BKTX 2- 1 17.5' STAGGERED g 1B P17 B7 Bo 12 0 0 PI 175-MH-OMS50-SOS-V-OMIA-SMOF-20-BKTX 2' 1 20' STAGGERED V p 10 Date Prepared: 2-1$-o6 IB 16 1{ 19 • 10 a0 AL .OWAY STRE 15 -P 0 so' 100' 200' HIP Scale in Feet North W NorthWestern Corporation d/b/a NorthWestern Energy Bozeman Division Noft&hWesten! 121 East Griffin Drive • �� Bozeman, MT 59715 Telephone: (406) 582-4537 www.northwesternenergy.com August 29, 2006 The City of Bozeman SID/City Assessment Accounting Clerk !► I� P.O. Box 1230 «� 3 0 Bozeman, MT 59771-1230 Attn: Deanna Shannon B Y'-------------------- Dear Deanna: 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,Phases 3A&B and Phase 6 for the purpose of installing streetlights. Enclosed,please find the information on the type and number of poles and fixtures,'.a-lighting layout''as well as preliminary costs. This layout Balls for a total of thirty one (31) lights; twenty: seven(27) streetlights in Phases 3A&B and four(4) streetlights in Phase 6. The three lights along• Baxter Lane in Phase 3A will be 175 watt Metal Halide fixtures mounted on 20'!poles, the.remainder of the lights will include fourteen 70 watt Metal-Halide fixtures mounted on 17:5.' poles and fourteen 100 watt Metal Halide fixtures mounted on.17.5' poles. At this time, the approximate cost to the City is $39.07 per light per month for the fourteen 70 watt lights, $40.00 per light per month for the fourteen 100 watt lights and $42.55 per light per month for-the three 175 watt lights. These costs include installation, energy and maintenance as per our PSC Tariff. The cost per month may change from these preliminary figures pending any manufacturer price increase or increase in our PSC Electric Tariff. These costs do not include the costs associated with installing the concrete bases, as those costs will be the responsibility of the developer. I have not included our Street Lighting Agreement for signature at this time pending final SILD approval. When the SILD is created,please let me know and I'll send a contract over for the City Manager's signature. 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. Mel Kotur NorthWestern Energy • CC: Lanette Windemaker, City Planning Dept. Harley Huestis, PC Development. i Shannon Holmes, Thomas Dean and Hoskins, Inc. I 8/28/2006 SUMMARY PROJECT:' Engineer I � Comments: r Description Material Labor Cost [Hrs.] ole(s) & Hardware (From Page#2) $53,390 54.0 minaire(s) (From Page#3) $879 54.0 eet Conductor&Other(From Page#4) $7,377 11957.7 Subtotals $61,646 12065.7 Plus Stores Charge on Material $2,466 Total Material $64,112 Times Labor Multiplier 0.013' Total Labor Hours • Times Labor Rate [$/Hr.] Total Labor& Equip. 34,020 Other: Trench Feet [Ft] Trench Rate [$/Ft] Trench $2,775 Asphalt Restoration Total Other . $2,776 Totals: Total Material $64,112 Total Labor& Equip. $34,020 Total Other $2,776 Total Project ######## Form Rev: June 19, 1997 LightCosting.xls Page 1 Password: msla L Light Install Costs cDste 1 r • NVPW Sauter Mea Pry rasa TION OF PROTECT Phan E.- -. MT .. Cusromr Ouanti Materials Material Per Item ttartt Code Cos! 9 r ha Bbca rde 399.0008 $73.94 1rw has IaY 396.082D f117.58 -tr arxa Tama rah 398.0M F17.58 .. tzam 0acme«rw 398.0812 E465.45 m BiwslewW 398.5201 $313.94 i a rasa etow rehw 388.525I 5400.00 a - -.s Us 398.5301 1 $449,70 u ha rm 396.0300 I 531273 398.0302 5400.00 >lw tm b 398.0304 S5BD.61 4OOra 7 PoY 221.1307 $8274 _ u•Oaa a rd. 221.1356 511268 4r taaa a Ms 221.140.5 $208.74 4r fha 4INa 221.1454 5327AS We-arw. 221.1503 5394.48 aew NRVCabnW larr 3n250D SIS4.02 .;ta4wvea ep 393.2010 555.OD ta4W 393.252D 594.51 fOpY LuI Carnb rmahre ' ..t041v rmra••a4 lance 393.3010 $53.21 a9tV fe•ratNae LuhR 393.3455 169.41 .':Mo W Eaerlrae 393.3050 A4v4 eetN.aae eurony� 333.3530 $135.00 40pW COBnMa4 Lma 393.3090 $104.71 444tV Ceenrra4 Ceae 393.3470 _.ts4W rt ana.manmr 393.5395 5153.52 4a4YV N7aV Mea•oa Flaem 393*5390 $177.62 4aaMro4\4 rN weee 393.6315 S148:31 woea Omer rNor al111a ngFlpy tAEwik 340.25 41 Flae4 ar.nN MtsiOr• 00.OD ..ahesma 9raehl 100.97121 MOD fzarm 390,0087 593.33 r arm 390.008.2 S77.Oo r4mf.-Y..4 390.0090 M33 r 4m 390.0010 SMA0 .aaV rosv 4a,n 543.2505 57.20 IDQw 1O6V 543.2tO5 $7.33 _ _ 4mwlosv 543.2650 . 1a4W aatV 543.2662 814,W 440N1ae1 543.2664 5/4.82 arm 398.0370 $4.24 emcee wnr One fS.tD Na xerw rri 545.2900 1 $7.65 1ba Me14u 545.2605 1 57.58 im•Net4sr aem 545.0290 50.61 tqT f7.m Ua r.W.x-r 520.0781 Ux-.1 W fsrtM,ll-1.ri• 100.0537 tatlar 520.0772 Me r u®er 3287 to mrrarnf• 520.0759 $0.99 MTnr..+r carAu 52D.0115 Sa24 tra4lun eiu amne.am f3OOD Bee-usa r 363.1508 50.74 4nc•,.4 atrirr 368.4320 .IS YhtharaM 368.7020 I so.N 340.1620 50.81 a.ua. 368.149D 52.29 368.4060 foes .1.--m 34220.70 WAS _:.ee4 e•nn.ete. 3423020 $0.20 w r rNNe rnn-smre 50.21 PWm WrTNNN • 50.24 win W n4}teN 9raan rtat-stOra $0.24 t>o a - 257.0640 50.19 m tto fsawra 257.0630 SO.Is M VOnT ZR.1215 SO.60 Wig Bar 272A208 m 011rau a 276.0010 f0.12 wAt . 119r0o Win 250.0038 t.N 50.11 At Tr�rmq YaY4al eSYra 51O2.00 1 12 AwaetAf linneflraMa176 5373733 1Mscm rasceaaN®i>,5. tna4r.. toabManx6eus .. cen Sttb Tata1 Labor Costa a.ac.aan vw New sm.m ' MlbvGw pr New SO le7.m M 7•rw ran fa...pr Nea mom 1tWM fav ra oar aiM on aqn tl,ra P4re.V m0.m M 'lg4Oatl9n rlalca Sm.m M Tefal Ces 44 f 7.9a ... " -12 .. Coat 53737.33 IN . .. '70- 0 of Fl flirt (singlr tv+Y�•tom) 1 BiNn TOWN 29 YsYES Y Opentlau ry Cla • $0.55 0M 13I1-Ce CMm4 O-Up Chug. 530.74 Mainhrunc•Charge f0.34 ErWgy Charge 5224 .. Chu • 50.00 Fla Chryea S1.a3 Rah Coa• 1D20 Total Met"Clu19•Pr UNt S39.07 a of Ureb 12 Tout M4nthty Chary•ter AO UMb 5433.33 Cost Cost G-ter OMTR-DEVICE MoniMy OwneWp Greater OMTR-DEVICE MomY ENVY RATES S FIX CHARGES Tho w CODE Chap• The ur CODE C so CM001 5263 SIAN CM005 321.44 tins FOSS S400 CM002 53.74 SIAN CM009 MIT M.1,4 n 50.e4 5300 CM003 SS.92 $2000 CMO70 S25A5 Suk4 $023 5300 CMDU 510.70 32.200 C1.11011 SZL35 1D70 RetYWNT Saa73tl4 31,000 CM005 $12-07 SL400 CM012 $30.79 t0201LD50 RabdkM 50,077345 91200 CLAIM S13A2 3260g CM013 S3327 LOW Rab/MVh f0.0.f37tM $1.400 CM007 919.05 300 CM014 535.74 j 1O701L700 RaWkWh f0.0.1]W97 Effective Date OaD1R3 • Yard U ht Install Costs casbmar accowt NumW Beater Pt. Radress DESCRIPTION W PROTECT Phase i suwu +io0 nkaan/Td• t eo2atnan MT. CYabmor Quantity! Materials Material Per Item Item Cade I Cast 0 e RI» her abak vab 396.0808 $73.94 _ tCR bs+On vw 3916MO S117.SS _ Fob 398.0825 SLIT ,a'Bock g.ar.6w Ms 396.0812 $465.45 2pR enm va46is 396.5201 $313,94 Zs gntOa lab to 396,5251 sm,00 mRM tvonf.iw l.s 398.5301 S449.70 aF 0n Fab 398.0.300 $31273 .m Rm an rob 388.0302 S000.00 NR sat Feb 398.0304 .61 as was T va. 221.1307 ie274 Is wsl a itb 221.1356 S112.68 a nsst a Pale 221.140E 3206.74 4S fbFx 1 Fare 221.1454 S327.18 w abtr a Inle 221.1503 .48 a4wNP31/talaNkl 393.2500 3184.02 t40w rma lm M3.2020 fSS.W taowcaitM 393.2520 S94.51 t40wlu f4mVe -,..tee .tmw Cferawaa aF late. 393.3010 SM.21 . IaOW Cobahwd Nbn 393.3455 569.41 Too wrmamae tww 393.3050 -teas CtAnMa4 fwYlf .343. E135.00 lrowcmmnra4 lease 39363090 S104.71 Iaawamr.eeaa cmmr 393.3470 amw MN ratwea.Rmw 393.SM 3153.52 ]SOWNFstr 6hweaa Rsbn 393.5390 S127.52 2---Ur. 393.5315 S148.31 Fbaa cwmrwwr antra riot-also noewc $0.25 Fkwe aoaw mismre IO0.00 sewma trvkn 100.6712 ESD,OO ty Mn 39D.0087 393.33 a'- 390.0082 S77.W s ant 390.0080 1 SW.33 le- MGM S23.10 ,40W N7411 Ym 543.2W5 $7.20 IOOW MrSt r. 543.2835 S7.33 4W W NPSV lam 543.2650 y30k7 set 543.2687 14.60 -w,wn 543.2684 S14.82 Feaee 398.0370 $4.24 amen Fw.uak $5.00 Few l,at4.r Fa.ae 545,2W0 7.6E awNaMw 545.260E s7.58 fee.ttts,v area 545.02W $0.61 )T $1.00 m uo tattatn-r 520.0761 >e 5I.53 m uo Can4m-,.3a• 1D0.0537 m cmawtr 520.0772 f209 -Mt 1.69 flaenr S2.87 0o Cat4ua Y 520.0759 SO.99 Pena Rf Air lttbwax Cwaa 520.0115 $0.24 k4Waast raw Jtatatlmt bsS38.00 .Bee-Neer 38MI508 S0.74 lackwl JWa? 366.4320 So.13 _ 4Yaena we 368.7020 $0.41 340.1620 Men Ost4w 3W.1490 -S2. 386.4060 SOBS m -CaetNatm 3422930 $0.16 toe uwraaanwcra 3423020 SO.21) ww1NMa rwrt-stare SO.21 Will, u0nrma imamre S0.21 parift UO e10 TNMM npt-nam $0.24 am u0 toaaba 2STOS40 $0.19 a01Lxwka 257.0630 50.1E m rwnT UZ1215 tO.W m uaae T 272120E M oNw 276,0010 $0.12 M u0w twos 250.0036 via S0.11 m rransfomter Mabts175Yn 518200 1 12 tm vaMN umrc oMsa4a ns OWN ..tin raaaeaLtxsolo MlscEaanx®us - lasCEllllr/eWJ waam em Sub TOW gWRgfdWlg4 Labor Carats aus,wraea lNr Nma s7s.a lla rue eea trar.tM tlwN stm.m 1NN Maa Gaw Fm ttav 5310.D] llr Fam Ma Fawaweasah ba Man rn0.4o tJeetomtmt ilayan 540 a0 M Total C-t $44.a47.96 a Of Units t2 Cost PerU h $3737.33 Vb"e 100 Sues Walbga Illy Mot Fixbues(.ftlk ltrdn,ate) 1 BON RWH Ill Y-YES V Opera" Charge f0.55 OMTROeake Cade CMOU O_MPCharge S05.74 Y MalntdMnCe Charge far.I Enemy Charge MIT Blift C M.00 Fix Chagas $1.09 Rate CodO ILM I TOW Maturity Charge Per Unit Moo a of Unib 12 TOWOnN MM Charge fw AIi Urdta S1a0.01 Cost Cone Greater OMTR-DEVICE Mwft Ow--tip G-ter OMTR-DEVICE Owttus7Yp ENERGY htATESSF72 CHNhf:ES Thin or CODE Ch erg. Than or CODE Ch pe W CM001 flat $t 600 CM003 SM." O Sate f4S5 $400 CM002 74 Sl CMDOS t2,17 Malnt- som $600 CM003 $6.92 $2000 CM010 S23.M Bwl.. 10.23 , CM004 $10.70 ZXZDO CM011 S" LO1017att/kWlt f0,07U34 S1000 CM007 Si-2 7 f CMMl SX79 L024"50 Rate(kWh 5407731E $1 200 C61006 1162 800 CNOt3 LUM LOW Ratenama 50.032t6t $1 400 CM007 f19.gs S eoa CM014 US.4 L07WLIOO RatdkWh so.o33a97 EReeara Date 06101M • Yard Li t Install Costs 7omar Acwyutt NI{tnbar Baffir Me . f0.59 OFSLRIPTION OF PROJECT Phasa3 •trswie»m MT cusrgmn Quantity Malarial. Materlal Per Item it..a Code Cost tl rR stack 398.0808 $73.94 tr Uts en cal. 398.0820 5777.58 Ira +twos Town a cox 396.0825 5117.58 tr elxe oewmew rot. 398.0812 $465.d5 ., mRM lase storm hlram 396.5201 $313.94 trR Onwf4W ears 398.5251 $=.D0 m Rea enwtar 4sa 396.5301 .ro u RM On Fla 398,0300 $31273 m R O coY 396.0302 S4000.W are RM as tb4 398.0304 115813.61 3r eats l roaa 221.1307 $8274 are cmraa tag 221.1358 St72.6E 4r cros 6lwla 221.1405 3208.74 or-a- 221.1454 .18 w ua»a car. 221.1503 .48 -in-tebabl 393.250D 194.02 to0.r rird RII 393.2020 355.00 IoaV/ 393.2520 a 594.51 fC0.eU tc4mb n.-We ,..taoWfaeraMa4 laeu 393.3010 $0.21 foaw coenMaa raaon 393.3455 SMA7 thewwtmnm lam 393.3050 mowcompnaeow+n 393.35M 5135.00 400W(:sereMae lam 393.3090 S104.71 weave eoenn.ae taotl 3933470 mow Mx seo.eoa Rahn 393.5395 $153.52 leave MMN 6nnseoa Rae» 393.5390 $127.52 mawi4oawsa Rene 393.5315 S14831 FIno4 CWer VNa MItY f1dMWe 4e Eaao* 540.25 rae4t anted non-sore S10D.00 .sM.ms er.es.t 100.6712 .560.00 tram 390.0087 $93,33 rafm 39040132 1177A0 r 4m 390.006D 553.34 ram. 390.OM0 $23.10 leave xrsv 543.2605 57.20 mow xcav 543.2635 $7.33 .. weave xcsv 543,2650 maw MY tm 543.2662 514.60 4osw ax 543,2664 14.82 tlab 399.0370 S{.2{ emsn Rn.LW $5.00 w»r4pa.r rasa 545.2800 7.65 cu»xnear 9a+a 545.2605 17.56 cuf.Itolbr Beob 545.0290 $0.61 uO 31.00 M -.Iwo Cmnva-r sm 0761 C.-.1 11.53 /n uO censor•t.xr 100.0537 Win R raga raaeunT 520.0772 f209 WM ..f•0.11Tov 5207 lro caaers f• 5200759 $0.99 M •W EY1 ihlmaaa cams 520.0115 $0.24 Mtlamr Wa.axaon M. MOD tl•N•r 383.1508 $0.74 rnrenw 44F{Ir 36s4320 10.13 Waafm+ira 366.70M $0.41 340.1820 $0.81 Cfarxs 366.1490 5229 3fi8.4060 $0.85 e oornscmr 3422930 $0.16 e0a acaaam. 3413020 $0.20 uO w TMe4 r1elFetora $0.21 14 lgwTfelN -ton, 30.24. -/ft uo no Txla awn non- .21 m uo lo.t we. 257.0640 SOAS WIN IA eta win 257.0630 1 SOAS M OHMuoaT 2721215 50.60 m 772.1208 Oxw 276.0010 $0.12 m UOM Ylka 250.0036 1>• $0.11 /R rwmnrm»ta.rdr tss.. Slazoo 1 3 $3,737.33 ran Sub Total Lahor Cold o-k. w xoaM2 pw xetm.ae Da stm.m 0ru»eSam. Rr 12 MMI Wft Total Cos $11 211.99 0 of Units a' Cost r U n 13 737.33 Wattage775 fiM d Wattage 210 r of Flats.(si. twin,am) 7 ILIIIn KWM 74 Y•YE9 Y Op-door Charge SO.S! OMRi Desks Cods CM014 O-hlPCMW 535.74 :Y Maintenance Charge 10'.3{ Energy Charge 53.72 C 10.00 Fla Charges 51.09 Rob Coda lsID Total Monthly Charge Pv Un M2.55 l MUnlls 3 TOW Monthly Charge M All Units $127.66 Cost Cost Graadr OMTR-DEVICE Monthly OwnersMp Grobr OMTR-OEVICE Owntlsltlp Fl1ERGY itATE96 FIX CHARGES Than or CODE tlanga Than a CODE Charge so CM001 N 1600 CMOOS 32 M O ratlens 50.55 Omit 7 t CM004 1 04 C.. 92 52000 CMO10 MN BURM 50.23 I" CMD04 $0.70 WOO, CMe117 625.35 LAID 11.1bltt'6h 50.07611134 111.000 MINIS SILIT $2.400 CM012 $=TO t02WLOW Ratelttve 90.077345 51200 CM006 Itika COO13 573.27 two Wail 80.0323811 51400 CM007 119.03 600 CM014 S3S.71 1.0701110g RatelMMr f0.0UNT Effective Dab O8MI106 • DPI, SPACE BLOCK 1V1 �' LEGEND • ----- ------ ----- ------ ------ ---- 1 11 I BLOCK 9 I � I I TRACT A 40ows ,% FRACT B SYMBOL LOCATION TOTAL TYPE CATALOG ARM HEADS HEIGHT CONFIB. I I OPHN SP CB OF PXTER T g f _ p1AT OF LAMP FIXT. LENS ARM POLE/HT. FIN. 1 2 3 4 A a I IAME v1AT T 1A I 6 8 I rP UNE(TYP. I I SUBd�DM P.U.D.PE1AE'' s�BdAs1DM P.U.D.PHASE' @0A BAXTER LANE 3 P1 175MH-OM550-SG3-V-OM1A-SM6F-20-BKTX 2' 1 20' STAGGERED I I LI I 1 STORM mwMACE FASEMEIFT / @08 RIATA RD., 12 PI 1COMH-DMS50-SG3-V-OMIA-SM6F-18-OM 2' 1 17.5' STAGGERED 1i0' ugni UrvII IIII II Tj 1 1II III A('��SE°1 1>EN18T�- �o'I ozIII^—IIIIIf l - I 1II1 I I 1 II I 1♦1\ 1�i�!I Cp R•-t N(-A`�•.��°\\r'�t r_.-Ew p u--M_33a--Qr0 nA.—_II0I 0_2II1 t/0_/1 f✓t3 t 1'3'9-/eI f O/—1A1K` r— ,�'yamv -O-a Ca �•f.W ..—S_P SjvEE_1i PuM A\ sCi z Et\C I KIMBERYCE ST.N,woo ,�4 `�� ' Ci EOUESfRWV lN.ERWICKE� � C11 A�.1�• 1614Y C13 KIMBERWICKE STRE 5249V & RIATA RD A LN ., 12 PI 7OM -O M550-S1-V-OMIA-SF-I8-4 14 �C BKTX 2' I 17.5' STAGGERED c14 V LN..°C'DR..40161F 1 — KIMBE V OR..'F'WAY 4hCIO SREE 2 21 q 7 OP 6 S=11 LIGHTING IMPROVEMNTS 067RICT BOUNDARYI ° a 6 •i ° MMIT3fBLOCK to :1.6 oPEN ---- ———— ————— ----- PHASE BOUNDARY LINE PNNATt sPAE ----- ---- ---- --- --- --- Y�2 2 FJO.RD COURT I 7 e 123 12 'A'LANE it 10 I 4 is 4 ' I�1 2 3 4 5 SACE CI OPN BLOCK 1 6 1 14 gMIAn-4voA- • CU 6 ----- - - - - � L YDESO E COa UR --- --- --- ---- --- -- --- -- _ __ 10 12 10 11 8 18 8 12 13 16 1 ItOx 2A 4 LANE L ER ME P M - _.-..._. I}I I I I �`• &' 7 1 1 I I 18 13 I > ACA :10 t ,,.�•.•...�\• �\ i • I I � I 1 2 3 � .17 1 II "51 1 1 ' I - � 1 j ij 17 Iq I it . II j OPEN SPACE 6 I i I co 1 C I - -13- --- ------- -10 it' 12 Bi 14 16 18 1 1 g --- n I BLOCK 3" I 1 III I 16 ! S 4 - - o - 'Mso6amtI EQUESTRIAN LANE 17 e aj ssom'm4 — i..------- 16flT6' PRNAIEE AEN 1 I I I 1IIII I 1 � I•� � 1 z 3 .4 gl s 6 7 � 8 kT e 8 I o I C f B CK 1 --- ---- --- --- — --- — --- I I I ----- -- --- --- ----- --- --- N Y I V I i -= ��♦ �C 14 13 1xtdd. 11 D 1 B 10 11 13 14 IS 18 I I \ `� 6 I o �'�� I I i 1 \ �� —�. ii'. � j I � 11e1►�1' 240.OS' — ' 1 = I ` C'ORIVE � I 1 1 i� \ 16 10 \\ 4 357 xsD6o mt OPEN SPACE iM (r I 1 .�\ \.. r �' 18 > \\ OPEN SPACE y I ._. l� \\\ ``` Y I9 \ e 7 e I BLOCK 18 I k I i I ��pC \ \ \ ` •� \ 17 ` �\ BLOCK 15 i \ e i I i i \—.Evnus BOUN&4Rr \ �f\ q 6 BUC STREET EASEMENT ------- ---- ---- -- OF LOT to (a R WC.#2103143(C) -- I 'Yr I I i OPEN SPACE AR \ 1 2 1 11 PARK NORTH 5�46'J7 833.51' 1 10 wqy NgTW6ot ' I I I _ \✓�I�� C t9 \ I T \`�� \ 11 I 1„ 1 1 1 ( EUMEATED WEPIAlDS j \�•\ \ 1 I TRACT 5 BOOK 148 I 12 I I 20 I 6 1 1 Sr 1 I 1 1 DEE0IEATED wETEANos :zoz ; zoT pur R N0. PACE w I -50'SETBACK FROM --- •..5-. B TER MEADOWS D O W 11 .-------- ----- .----� , , WATERWURSE/WEMND � 'lll� � m a -� I HOSE III �- - - - - -': - - - - - - - - - - 1. — . — . _ — . J . ...... _ AL 1 = 200 STREET LIGHT PLAN v:N i SO 50.00'BYRET D101CA7TON N BAXTER LANE' SCALE: ' 8/28/2006 SUMMARY • PROJECT: .�'e., �nzvxcwgri ..A rs5 Engineer. Comments: - .; Quantity Description Material Labor Required Cost [Hrs.) 8 Pole(s) & Hardware (From Page#2) $7,894 8.0 4 Luminaire(s) (From Page#3) $138 8.0 2595 Feet Conductor& Other(From Page#4) $2,336 1778.5 Subtotals $10,367 1794.5 Plus Stores Charge on Material $415 Total Material $10,782 Times Labor Multiplier 0.013 Total Labor Hours • Times Labor Rate[$/Hr.] Total Labor& Equip. $5,040 Other: Trench Feet [Ft] Trench Rate [$/Ft] Trench $825 Asphalt Restoration Total Other 826 Totals: Total Material $10,782 Total Labor& Equip. $5,040 Total Other $826 Total Project $16,648 i Form Rev: June 19, 1997 LightCosting.xls Pagel Password: msla LYar,dLight Install Costs I mer am t M is ION OF PROJECT 6 ia�mna' Customer Ouanti Materials Material Per Rem Item Code Cost r r Bta Pw 398.OW6 $73.94 tr a vw 39%0620 f117Sa' tr tow]owns vw. 3%OS25 $117.58 tr ebcY eaay.ow Iwa 396,0812 54GS.45 m amoma PNa 4e 398.52D7 f313.94 a WwaeNr.na 398.5251 f400.00 a e-o.Fwasan 396.5301 3449.70 u ao Poo 39IL0300 I f31273 :.m as vaa 396.0302 .OD x o PoN 398.03D4 M.61 w am 7 POY 221.13D7 $8274 x toss a Pa• 221.1356 11268 :.4r Cosa s Pala 221.1405 S206.74 tr Claa 4 Po4 221.1454 Sw.11 6r Cl a4]aN 221.15R1 f394.49 smvan-ewmtr 393.250D SIS4.02 t44WYW tm 393.2010 f56.OD t00W 393.2WO S94.51 .tatnv camroa nm.emm tmwcomwrae tew 393.3010 1 553.21 w4weawen.ad eueoe 39134551 fe9.41 msweew.n.ae laraa 3933050 7mweesran.a4 mmn 090.353D SM.00 4oawCoenrw.4 l..a. 393.3090 5104.71 .4Wweobeho4 Mar 393.3470 .:760wMN ehv.eoa Fbmra 3934M $153.52 TbOVl IrPSV ehoaeoawma 39d.S'EO 5127.52 .. 393.5315 31W31mwwOY rain'• mDsvlo 540.25 rases &aattl rwr.etor• $100.00 sr•.eea ancsat 100.9712 S80,00 trsae 390.0097 .33 r drie 390.00ffi ST7.00 ram 390.0090 S5&33 •aan 390.0010 $23.10 tmwNvev 543.2605 f7.20 maw rnav 543.2835 $7.33 :-ae4w NPSV 543.2650 , 2sawt4N 543.2682 S14.69 ...400Yp1111 to 513.2664 S14.82 _sVa 398.0370 $4.24 -.'etas taraa ua! Woo .. rw wwr sage 545.2600 .57.65 Fm New+ 545.2805 1 $7.58 wn=M 545,0290 1 $0.61 m 1.00 tro rev-r 520.0781 .se 51.53 -tmcmmr-t.7r 100.0537 cesemr 520.0772 09 t•696mw 267 Uneatrewlt- 520.OM $0.99 norm au'E TbowalC 520.0115 21 _ saa- a.ea.emaaw f3600 em-ss a r 383.1508 .7d tsc•nw am+ir 368.4320 $0.13 vfn•ata as 368.702D .41 Dart 340.1620 Saill er..b. 368.1490 $2.29 368.4000 SQ,85 241 tunaab 342.2930 sale ew •cenaaca 3423020 SO.2D .. uownom n-abo• Sa21 . ttowltow m.ebe10.24 tnet•7tow non-atoro SOw24 tro toe wa. 257A640 .19 uo ta.n wu• 257.0630 .1s m UOw 272.1215 S0.60 uaw m VZ12081 Perm anw 276.0010 $0.12 m i ww win 250.0038 sell TrwrQerear rRa4eht ffiw SiffiDO 1' -2". Tawm101 taYne 01456es17s .. .. ..::S416200 :. 324.OD M1tlatftlAlfOlq - . aodediaNBata77 - Ealll Sub TOW SB 324.00 Labor Costs ewbaeaae P+rteer •Tito ppft Mltutbwprrttain StW.m Tt•aa rt•e Gw par 1Ner s21nm rowlnr.e...a e..emsoe ae.Mw e2tnm M '.LgMoaagn r{syota unto Total Cos fs 00 s of Units 2 Cost 187 m Wattpe 70.. Bleed WattV. ..-.83 40 O1 Flabves(-Inle twle,aG) 1 BION I(WN---a - Op.V Opvalbns Chsrye AS OMTROv lee Code CM014 Ownership Charlie U&74 V Mamtaaam•Clar9e .56 Energy Char9a $2.24 ev Cha • $0.00 Fla Chagas fIAS Rate Ca0• LAID Teal Monthly Cha9•Per Unit $39.07 soh Units2 Total Monthly Cha ve 1w AS Urdu 378.15 cost Cost GreaterXj;,OwnenMp G7eatn OMTR-OEVKE � Than aClary• Thanar CODE Owrt�4i ENERGY RATES S FIX CNAROE9 so tes s16m chaos sn u ton w.m34007 S1 CM009 iM17 MaMeiunee SO04 SSW9! 3 000 cM010 J3 50. swo31IL70 200 CMDIt 73]S LO10 Ratdy►Wltf10001.. 400 CM012 UM79 LDZWU10 RM VYhf120015.e 600 CM01f 31100f19.03 800 CM014 333.71 ItA701L1 lb0elLWh f0A]]eG7 ERechvo Date 081OUDS 0 Yard Light Install Costs Yammer • AceoW:i Number 0a5fel Meadows Phase dross DESCRIPTION OF PROJECT PMsoB .. ' -IOOaD@m n6 MT Cwfomer puantl Material, I Material Per item Rein Code Cost t a ma aa e Fob 398.0808 $73.84 Iv 1m rim 398.0870 MUM 1I f Bba Town a Fob 396.0825 117.58 tt area g.00r.mm Fee 396,0812 $485.45 m emorepW.1.4 3985201 3313,S4 ffi emev Fab ue 398.4251 5400.M _ m .eroos.Fm.ua 396.5301 .70 u la.on 1w• 3910300 1 $31Z73 _,m bsa Gr.F.M 390.0302 S4M.M .M leer on Oob 39ELM 1 5580.61 m aa.sT I.M 221.13071 SSZ74 45'tan a Ma 221.135a SlIZ68 sv ma a Fw 221.1405 SMS.74 .a um a Poe 221.1454 As m tbn a ra. 221.ISM 5394.48 aewrvsYCweww 393.2500 $194.02 t04W Yvad b M1.2020 s55.00 t40W 393.2520 $94.51 t0019tei1 fwena fbn-tige toowuranW - 393.3010 M21 toowcorwwae ormlr 393.3455 $69.41 240WCearahaa4 lale. 393.3050 7fl4W CebmD.a4 C16a1r 393.3530 1 $135.00 .mw-nea4 lee. 393.3090 3104.71 .:400w taer.lrae n4wr 393.3470 S4W Yll6DaDoa Fate. 393.SMS 5753.52 SowrlFSa sn..eo,Faee. 393.5390 5127.52 S4eW4gw YN%ae4 393.5315 5148.31 Ree4 oabelrbmwn.e no-lore lore raemm 540.75 Rem er.c.w rmeDSe 3100.00 ane.eea Gnaw 100.6712 $80.M ,Sane 390,0087 593.33 ..semi 390.0082 s77.00 v- n. an 390.ODW 1 353.33 r elm 390.00101 523.10 taow NFsv 543.2605 37.20 - moW NFSV 543.2835 S7.33 t00W NFOa lain 543.2650 2d4W 1el-P 513.2662 $14.60 .MW YN lam 543.2664 514.82 rrm 398.O470 $4.24 ewD ror.4are $5.00 we.11eMw 545.2600 $7.65 .--.wan` 545.2505 37.58 we.xamw aeon 545.0290 50.61 to TNncll s1.M m M" -r 520.0781 .3e a 1S3 m M,name-has 100.0537 m ...Ft comm�z 520.0T72 52.09 win t•sa sleety SZ67 UO ceemler SM.0759 $0.99 m v4•l11T 114ewaatenmre 520.0115 .24 Y.4ne1 atuawNlw ee. 538.M be-ve a e• 383.1508 $0.74 la.+lr 368.4320 SOAS -Wamnam 36B.TOM $0.41 740.1620 so al TJ..D. 368.14901 $2.29 366408D Was L1 eannem 342.2930 $0.18 ea t®.ww 34Z30ID $0.20 uo ea TNlel nmtatma $0.24 8t M ae ilea rwlamre $0.24 Parift M M4TMNN or« nonetYre 50.24 M M tgt Wb. 257.0840 $0.19 term 1Jo tfa W+n 257.0830 S0.1S W IJT 27Z1215 SDSO m uDM 272.1208 278.0010 50.12 tt u0 a0 Win 250.0035 1.. $0.11 earm lr.vwemrr 1rYurwapn 1BZM 1. `2 Imwm eel ltmlm Dfta®ens SUSLOD 58324.00 !ems«anaoua . YYCFIWMEW3 ' MI9dHlANEtNt3 - -. ' •...•;: .. YRCELLANFLW .. - . .con 6uD Total Sa 324.00 Later Costa .s.mum®p.r Nsa wsoo Two Mae oaw p.r New slm.oa My 1Nm Man Cm.p.r NaN s21ow I PIhr Feu YeeGw as -.0-pmeur attDM 4er4 a.tlW Ilayaw mom,I oermr Total Coal 33,324.00 a.1 unita 'a. CoatLI.M M162.00 W-m9a - iM Billed Wattage I1F- 0of Fl,hlrea("W,lwh�ate.) .1- D On RWN 47 Y=YES V OPeratbrs Charge SOAS OMIii Dwka Cam CM014 Ownership C". M74 V Maln0analN:e Charge f0.34 Energy Charge $377 f0.M Fla Charges S1A9 Rase Cedo L020 Total Momtoy Charge Per Unit 5401D0 9 of Unit, 2 Total Monthly Charge for M Units I" Cost Cost Y Greg. OMTR-DEVICE Mooft OwneISMP Greater OMTR-DEVICE Own-" ENERGY RATE9a FhX CNARGE9 Then 4r CODE C4larpe Than er CODE so CUM 5265 $1600 CMMS 521.44 tbro 1 SQSS 5400 CM002 SL74 $1 CM009 MIT Maln4ttance SOM 11686 CM003 SS92 32.000 CM010 SM.85 8why5025 5800 CMM4 SIa70 SZ.2m CUM SSS.33 t010Rate1SW0 w.gTaw Si gM CMM3 St2d7 SL400 CM012 530.79 L02DUM Ra kWh SaO"343 StSM CMMS $15,u S00 CMO13 53327 LOBO Ratafkah f0.a123SS S1 CMM7 S19A5 SM CM014 $33.74 L07DIL1M RaaellYm $D.03]S97 EReetl_Ogre 0vD1 • EXHIBIT "A" KIM ER CKE ST. BAXTER MEADOWS PHASE 6 115 11 `00 B 5 { 0 STREET LIGHT SITE PLAN ¢ 12 6 e zo 9 13 IB IY bo { 1{ 1 W 22 B Legend: 6 16 }_ es a T' PHASE 6 BOUNDARY '�, ,... g IB ^1 SY1ABOl W IN PHASE E 6 TYPE CATALOG ARM HEADS HEIGHT CONnG. G� 24 l0 1r�� LAMP FlXT. LENSE ARM POLE/NT. FIN. 2 P1 70-MH-OM550-SG1-V-DMIA-SMSF-15-BKTX 2' 1 17.5' STAGGERED 7 17 25 11 2 P1 100-MH-OMS50-SG3-V-OMIA-SMSF-I8-BKTX 2' 1 17.5' STAGGERED I 6 1B YB 87 2B l8 0 0 11 171MH-DM550-503-1-DMIA-SM.F-20-8KTX 2' 1 20' STAGGERED v p lY Date Prepared: 2-1$-06 17 IO 16 16 14 l5 � • ALLOWAY STRE T 1� !-P 0 50' 100' zoo' � W Scale in Feet North r Bozeman Baxter Meadows (41257) Order No 88960 • 640,Curs clvin Boisbriand(Qudbec) Canada,RG 2A7 E 0) C to � M 00 (O 27 1 f 2" 698mmo ig�tt� C0 Type C 01 y Qty Luminaire DMS50-70MH-SG3-VOLT-BKTX 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), to Wa use start metala i e a m9a 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(-30'C)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, CAN 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 14 Bozeman Baxter Meadows (41257) Order NO 88960 24 • 640.Curt-Boivin 610mrn Boisbriand(Quebec) Canada,RG 2A7 I Configuration I L M � 90, H a� U Q 0. C n� Type C ti Qty Bracket OM -1A-PHBNOLT-BKTX 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) in Her the pole The tenon shall hp 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 0 4 f Bozeman Baxter Meadows (41257) Order No 88960 • Base&Bolts Information Anchor Plate Free opening 6 t 8"o ' B0 1 156mm l- 840,CurC�l3oivin 101/2"(267mm) Boisbriand(Quebec) —r Canada,HG 2A7 3�(76mm) -Thickness: 1 3/4"(19mm) r r. � NOTE: Bolts Circle Allowed: ,_ Comes with 4 steel anchor bolts,3/4 8 3/4"�11 1/8" X 24"+3",8 nuts and 8 washers.Important:Do not obstruct space 222mm @ 283mm tt'RJ between anchor plate and concrete 279rnm base. s� C ,t Type C Qty Pole SM6F-17.5-BKTX 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. n LO 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� n N 16"m 406mm • SPEC20050822_091021_41257_6.DOC 08-22-2005 Page 3 /4 Bozeman Baxter Meadows (41257) Order No 88960 • I 640,Cure-eoivin Boisbriand(Quebec) Canada.J7G 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-D2247-68 standard. Note:IMPORTANT.All missing details must be clearly specked 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,Cur"oivin Boisbdand(Quebec) Canada,J7G 2A7 C oo E E r i c� 00 Q0 27 1/2" 698mmO � � C Type B 0 .1.0 Qty 8 Luminaire DMS50-100MH-SG3 VOLT-BKTX 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-rhCIUded), 100 Watt Pulse-Sfart-Metal"palidejANM Code 90 or u b,me ium ase. 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 ZO'F�30"Cjdegrees. ssembTed-on a unitized remova le ray voth quick isconn pug. 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 No 88960 ` 24 • 640,Cur&Boivin 610rnrn Boisbriand(Qudbec) Canada,J7G 2A7 Configuration �II I Li to to I i 90" m U O �Q �N o��afa 270- . C4 Type B to .. oty 8 Bracket OM-IA-PH8NOLT-BKTX 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 Thp 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_090957_41257_5.DOC 08-22-2005 Page 2 /4 Bozeman Baxter Meadows (41257) Order No 88960 • Base&Bolts Information Anchor Plate Free opening 6 1 8'0 640,Cure Botvin i 10 1 156mm/2"(267mm) Botsbriand(Qu@bec) Canada,RG 2A7 3 (76mm) Thickness: —L 3/4"(19mm) 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 1 -� between anchor plate and concrete 279mm base. C Type 6 Qty 8 Pole SM6F-17.5-BKTX 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. • 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 160 40fimm • SPEC20050822_090957 41257_5.DOC 08-22-2005 Page 3 /4 Bozeman Baxter Meadows (41257) Order No 88960 • 640.Cur&8oivin Boisbriand(Quebec) Canada,J7G 2A7 I i 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. ( t• S PEC20050822_090957_41257_5.DOC 08-22-2005 Page 4 /4 s + ` Bozeman Baxter Meadows (41267) Order No 88960 • 640,Cu"Wn Boisbriand(Ouebec) Canada,J7G 2A7 C E rn E � 00 (.0 27 112" 698mmO C Type A. Qty Luminaire DMS50-175MH-SG3-VOLT-BKTX Description of Components: .food: Spun aluminum 1100-0 dome, mechanical) assembled on the luminaire. P Y 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. Ballast- High-poweF-factor-oV90 vo age f e determined Lamp starting capacity -20"F(-30°C) 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 r Bozeman Baxter Meadows (41257) Order No 88960 I 24" 640,Cure-Boivin 610rnm Soisbriand(Quebec) i Canada,HG 2A7 Configuration jco I jin r i M a U O �Q O C Type A o tpG� Qty Bracket OM-IA-PH8NOLT-BKTX d 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.The tenon shall be 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. .. .. ..... .. i 1 SP EC20050822_090942_412 57_4.DOC 08-22-2005 Page 2 /4 Bozeman Baxter Meadows (41257) Order No 88960 • Base&Bolts Information Anchor Plate 6 1/8"0 Free opening • -B.C.: 156mm Sols Cued(Clud i 10.1/2"(267mm) 8oisbriand(�u@bec) ia:3 Canada,RG 2A7 3 76mm) '`� -Thickness: -- 3/4"(19mm) NOTE: Bolts Circle Allowed: *- - Comes with 4 steel anchor bolts,3/4 g 3/4" 11 1/8" X 24"+3",8 nuts and 8 washers. 8 3/4"@ 283mm Important:Do not obstruct space @ l t"f1l between anchor plate and concrete 279mm base. 4�gT4$ �t1,R'8 C Type A *50" wal. Q_ ty Pole SMSF-20-BKTX 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. 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 mane from cast 356 aluminum, .mechanically fastened with stainless steel screws. E E N N 16"0 406mm • SPEC20050822_090942_41257_4.DOC 08-22-2005 Page 3 / 4 Bozeman Baxter Meadows (41257) Order No 88960 LUMEC • 640.Cur&Boivin Boisbriand(Qu6bec) Canada,J7G 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. i • i• i SPEC20050822_090942_41257_4.DOC 08-22-2005 Page 4 /4 } .. _ i .. r f Y r r N 1 � 1 � �r`s '! • 'f+{jRRR� 1 1 i , .. � � R f i M �'' t. �Ir s'' 1} ti ,11 i�i I - ,1, t I,On 1 jA IBM 11 I U F5 j � 1 M60 W-19 a_ E: 6 t. F r 6 E• r 11 ■ _ _ ,e 4! S IC HJU = Ill�/ 1 ' "., �iV o• ,, I 1 1 � si m ��m omsoms�ss®.rsiaissi'si.:i iiiiiiiiir si miisrsi i^�siosii s s_9M� 1 1 a 1 �.. �'.: - T� �.r� yr. t�!t`[r.:-;•-,�r•- i,�iiiiiviiiiiis�i ii �. i sss.�is_ii�iiiiiiiiiiiiiiiiiiiii ii i., I 0. I/ I r uIE '(a 1 . ..bid • OCIATTON ,, ■ ►. 111 NINON 11111111�► \111111i 11041111 • 1 / I �1. ,,,,11 11' I rr ' :1 1: O I` 1 6 1 1 II ft•1 •1 1 1 11 �;__ I f f I • 1 • � 1 1 1 1 • ' � . 4 1 � � • Z Y C. o. i �� . - E� j '' 9 '� � .. � ' `'.. i< . 1 y I '� • l �' • ADDENDUMS AND AMENDMENTS TO POA DOCUMENTS The property included in Phase 6 is designed to be incorporated into existing property owner's associations (POA's). In this case, all of Phase 6 will belong to the Master Community Association, and the single family lots to the Central POA, and the multi-family lots to the Central Condominium Association. Those three associations currently exist, and their respective documents are recorded. In order to stay current with the Bozeman U.D.O., the following amendments and addendums will be filed: • 2"d Addendum to the Baxter Meadows Central Condominiums Declaration: Adds the U.D.O. and pre-plat requirements for Phase 6. • 3rd Amendment to the Baxter Meadows Central Condominiums Declaration: Adds the lots in Phase 6 to the association. • 1st Addendum to the Baxter Meadows Central Declaration: Adds the U.D.O. requirements for Phase 6. • 1s' Amendment to the Baxter Meadows Central Declaration: Adds Phase 6 lots to the association (clarifies the "2G" label); Corrects Declarant as Baxter Meadows Development, LP; Defines "The Act"; Corrects number of lots allowed. The currently recorded documents are included in this section as well, immediately following the new additions. • SECOND ADDENDUM TO DECLARA TION OF `• BAXTER MEADOWS CENTRAL CONDOMINIUMS A PLANNED COMMUNITY • H:\96037\003\KNH0475.WPD SECOND ADDENDUM TO DECLARATION OF BAXTER MEADOWS CENTRAL CONDOMINIUMS (A PLANNED COMMUNITY) THIS SECOND ADDENDUM TO DECLARATION OF BAXTER MEADOWS CENTRAL CONDOMINIUMS is made this day of , 20 by Baxter Meadows Development LP, a Montana limited partnership ("Declarant"). RECITALS A. Declarant is the owner of certain real estate in Gallatin County, State of Montana, commonly known as Baxter Meadows Subdivision, P.U.D., Phase 6, and more particularly described in Exhibit 1 to this addendum. B. Declarant desires to addend the Declaration of Baxter Meadows Central Condominiums,which governs a portion of the real estate described as Baxter Meadows Subdivision, P.U.D., Phase 6. This addendum shall be binding only on the portion of Phase 6 .' described in Exhibit 1. NOW, THEREFORE, Declarant states as follows: ADDENDUM ARTICLE 1. STATEMENT OF PURPOSE This Second Addendum is made for the mutual benefit of the City of Bozeman,Montana and the Lots and Lot Owners of the portion of Phase 6 described in Exhibit 1. This Addendum is intended to create equitable restrictions and obligations upon the specific portion of the development described in Exhibit 1, and shall operate in conjunction with the previously recorded Declaration of Baxter Meadows Central Condominiums. The restrictions and protective covenants contained herein are developed for the benefit of each Lot and Lot Owner in the portion of Phase 6 described in Exhibit 1, and to create a privity of contract and estate by and between the grantees of such Lots, and their respective heirs, successors and assigns. ADDENDUM ARTICLE 2. RESTRICTIONS AND COVENANTS isHA96037\003\KNH0475.WPD • The previously recorded Declaration of Baxter Meadows Central Condominiums shall be binding on the Lots contained in the portion of Phase 6 described in Exhibit 1 unless they are contradicted or expanded by the restrictions and covenants set forth below. Section 2.1 Landscaping Covenants and Restrictions. All portions of a Lot not improved with a residence, driveway,parking lot,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 Lot Owners. Any barriers, such as fences,hedges, etc., on a Lot adjacent to a park boundary shall have a minimum setback of six (6) feet from the edge of the park sidewalk to provide a maintainable area. The Lot Owners shall be responsible for the installation of street and boulevard trees adjacent to their Lot. The Lot Owners must submit a planting permit for street trees and have all utilities located before excavation begins in the City of Bozeman right- of-way. No Lot Owner may make any changes to the landscaping without the prior written approval of the Association. Section 2.2 Fences and Privacy Walls. Fences, and/or privacy walls must have prior written approval of the Architectural Review Committee. Fences located in the front, side, or rear yard setbacks adjacent to any park or open space shall not exceed a maximum height of four feet, and shall be of an open construction. An example of an acceptable picket fence design is shown below. Other fences of open construction, such as "split rail,"may be acceptable upon review by the Architectural Review Committee. • NOTE 4'X4' ALL FENCE MATERIALS SHALL BE OF VINYL OR POST SIZE AS OTHERWISE APPROVED BY THE BLRC, IN COLORS OF OFF WHITE TO CREAM 3'-5' PICKET WIDTH 2'-3' SPACING lo BETWEEN PICKETS o o 01 CN 00 r n. LO z o w¢ CAP MAX POST c f`a�StFo SPACING w . Y a • HA96037\003\KNH0475.WPD Section 2.3 Bozeman U.D.O. Required Covenants. A) The control of noxious weeds by the Association on those areas for which the Association is responsible and the control of noxious weeds by individual Owners on their respective Lots shall be as set forth and specified under the Montana Noxious Weed Control Act (MCA 7-22-2101 through 7-22-2153) and the rules and regulations of the Gallatin County Weed Control District. The Owner shall be responsible for control of the state and county declared noxious weeds on his or her own Lot. Both unimproved and improved Lots shall be managed for noxious weeds. In the event an Owner does not control the noxious weeds, after 10 days notice from the Association, the Association may cause the noxious weeds to be controlled. The cost and expense associated with such weed management shall be assessed to the Lot and such assessment may become a lien if not paid within thirty(30) days of the mailing of such assessment. B) Lot Owners and residents of the subdivision are informed that adjacent uses may be agricultural.Lot Owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors and noise, flies, smoke and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical sprays and the use of machinery early in the morning and sometimes late into the evening. C) All fences bordering agricultural lands shall be maintained by the Owners in accordance with State Law. D) The Association shall be responsible for the maintenance of common open space, centers, common pathways, landscaping in street boulevards along public frontage, and parks. E) All covenants required as a condition of preliminary plat approval and required by the City Commission may not be amended or revoked without the mutual consent of the Owners in accordance with the amendment procedures set forth in this instrument, and the City Commission. IN WITNESS WHEREOF, the Declarant has caused this Second Addendum to Declaration of Baxter adows Central Condominiums to be executed by its duly authorized agent this%��` day of , 20a7 BAXTER MEADOWS DEVELOPMENT LP, a Montana limited partnership, By: Gerald R. Williams • STATE OF MONTANA ) ss. COUNTY OF The foregoing Addendum to Declaration was acknowledged before me by GERALD R. WILL MS, as Authorized Agent, of Baxter Meadows Development LP, this day of , 2 001- Witness my hand and official seal. Notary Public for the State of /(�( Residing at kk?ZOiJ„ My Commission expires: �l i i • HA96037\003\KNH0475.WPD I EXHIBIT 1 DESCRIPTION OF PROPERTY All of those lands situated east of the centerline of Gallatin Green Boulevard, in the Final Plat of Baxter Meadows Subdivision, Phase 6, such lands being a portion of Tract 2A of Certificate of Survey 2202A, located in the SE 1/4 of Section 34, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. • • H:\96037\003\KNH0475.WPD THIRD AMENDMENT TO DECLARA TION OF BAXTER MEADOWS CENTRAL is CONDOMINIUMS A PLANNED COMMUNITY H:\96037\003\KNH0514.WPD w • THIRD AMENDMENT TO DECLARATION OF BAXTER MEADOWS CENTRAL CONDOMINIUMS (A PLANNED COMMUNITY) THIS THIRD AMENDMENT TO DECLARATION OF BAXTER MEADOWS CENTRAL CONDOMINIUMS is made this day of , 20_, by Baxter Meadows Development LP, a Montana limited partnership(Declarant). Pursuant to Section 7.1 of the Declaration of Baxter Meadows Central Condominiums, Declarant hereby amends the Declaration to designate additional property in the Baxter Meadows Central Condominiums Association: 1) In addition to the property added to the Baxter Meadows Central Condominiums Association in the First Amendment to Declaration of Baxter Meadows Central Condominiums, recorded on , as Document No. , property in Phase 6 is hereby added to the Declaration as follows: After the first sentence of the first paragraph of Exhibit A insert: i "Additional property in the Community consists of all of those lands situated east of the centerline of Gallatin Green Boulevard in the Final Plat of Baxter Meadows Subdivision,Phase 6, located in the S1/2 of Section 34,Township 1 South,Range 5 East, P.M.M. City of Bozeman, Gallatin County,Montana." The current second sentence of the first paragraph of Exhibit A becomes the third sentence of the first paragraph of Exhibit A and continues to read: "Additional property may be added by exercise of reserved development rights, as set forth in this Declaration." IN WITNESS WHEREOF, the Declarant has caused this First Amendment to Declaration of Baxter Meadows Central Condominiums to be executed by its duly authorized agent this 14"day of 20Q7-- BAXTER MEADOWS DEVELOPMENT LP, a Montana limited partnership, B � y: s j, y �) Gerald R. Williams • �j STATE OF MONTANA ) COUNTY OF R�rw ) The foregoing Amendment to Declaration was acknowledged before me by G RALD R. WIL JAMS, as Authorized Agent, of Baxter Meadows Development LP, this day of 200 Witness my hand and official seal. " Notary Public or the State of Residing at Q My Commission expires: 3 H A96037\003\KNH0514.WPD FIRST ADDENDUM TO DECLARA TION OF BAXTER MEADOWS CENTRAL A PLANNED COMMUNITY HA96037\003\M EL5622.W PD FIRST ADDENDUM TO DECLARATION OF BAXTER MEADOWS CENTRAL (A PLANNED COMMUNITY) THIS FIRST ADDENDUM TO DECLARATION OF BAXTER MEADOWS CENTRAL is made this day of , 20_, by Baxter Meadows Development LP, a Montana limited partnership ("Declarant"). RECITALS A. Declarant is the owner of certain real estate in Gallatin County, State of Montana, commonly known as Baxter Meadows Subdivision, P.U.D., Phase 6, and more particularly described in Exhibit 1 to this addendum. B. Declarant desires to addend the Declaration of Baxter Meadows Central, which governs the real estate described as Baxter Meadows Subdivision, P.U.D., Phase 6. This addendum shall be binding only on the portion of Phase 6 described in Exhibit 1. NOW, THEREFORE, Declarant states as follows: ADDENDUM ARTICLE 1. STATEMENT OF PURPOSE This First Addendum is made for the mutual benefit of the City of Bozeman, Montana and the Lots and Lot Owners of the portion of Phase 6 described in Exhibit 1. This Addendum is intended to create equitable restrictions and obligations upon the specific portion of the development described in Exhibit 1, and shall operate in conjunction with the previously recorded Declaration of Baxter Meadows Central. The restrictions and protective covenants contained herein are developed for the benefit of each Lot and Lot Owner in the portion of Phase 6 described in Exhibit 1, and to create a privity of contract and estate by and between the grantees of such lots, and their respective heirs, successors and assigns. ADDENDUM ARTICLE 2. RESTRICTIONS AND COVENANTS The previously recorded Declaration of Baxter Meadows Central shall be binding on the lots contained in the portion of Phase 6 described in Exhibit 1 unless they are contradicted or expanded by the restrictions and covenants set forth below. H A9603 7\003\M EL5622.W PD • • Section 2.1 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 Lot Owners. Any barriers, such as fences, hedges, etc., on a Lot adjacent to a park boundary shall have a minimum setback of six (6) feet from the edge of the park sidewalk to provide a maintainable area. The Lot Owners shall be responsible for the installation of street and boulevard trees adjacent to their Lot. The Lot Owners must submit a planting permit for street trees and have all utilities located before excavation begins in the City of Bozeman right-of-way. No Lot Owner may make any changes to the landscaping without the prior written approval of the Association. Section 2.2 Fences and Privacy Walls. Fences, and/or privacy walls must have prior written approval of the Architectural Review Committee. Fences located in the front, side, or rear yard setbacks adjacent to any park or open space shall not exceed a maximum height of four feet, and shall be of an open construction. An example of an acceptable picket fence design is shown below. Other fences of open construction, such as"split rail,"may be acceptable upon review by the Architectural Review Committee. NOTEI 4'X4' ALL FENCE MATERIALS SHALL BE OF VINYL OR POST SIZE AS OTHERWISE APPROVED BY THE BLRC, IN ZA COLORS OF OFF WHITE TO CREAM 3'-5' op V PICKET WIDo TH 2-3' SPACING BETWEEN PICKETS o o o N 11� O 0 �a x u Z w a C$P MAX POST 3:0 SPACING Li Q U a Section 2.3 Bozeman U.D.O. Required Covenants. HA96037\003\MEL5622.WPD A) The control of noxious weeds by the Association on those areas for which the Association is responsible and the control of noxious weeds by individual Owners on their respective Lots shall be as set forth and specified under the Montana Noxious Weed Control Act (MCA 7-22-2101 through 7-22-2153) and the rules and regulations of the Gallatin County Weed Control District. The Owner shall be responsible for control of the state and county declared noxious weeds on his or her own Lot. Both unimproved and improved Lots shall be managed for noxious weeds. In the event a Owner does not control the noxious weeds, after 10 days notice from the Association, the Association may cause the noxious weeds to be controlled. The cost and expense associated with such weed management shall be assessed to the Lot and such assessment may become a lien if not paid within thirty(30) days of the mailing of such assessment. B) Lot Owners and residents of the subdivision are informed that adjacent uses may be agricultural.Lot Owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors and noise, flies, smoke and machinery noise. Standard agricultural practices feature the use of heavy equipment,chemical sprays and the use of machinery early in the morning and sometimes late into the evening. C) All fences bordering agricultural lands shall be maintained by the Owners in accordance with State Law. D) The Association shall be responsible for the maintenance of common open space, centers, common pathways, landscaping in street boulevards along public frontage, and parks. E) All covenants required as a condition of preliminary plat approval and required by the City Commission may not be amended or revoked without the mutual consent of the Owners in accordance with the amendment procedures set forth in this instrument, and the City Commission. IN WITNESS WHEREOF, the Declarant has caused this First Addendum to Declaration of Baxt r Meadows Centra to be executed by its duly authorized agent this Ley of 20 BAXTER MEADOWS DEVELOPMENT LP, a Montana limited partnership, n (1 � By: V /fy Gerald R. Williams STATE OF MONTANA ) ss. COUNTY OF ) �I The foregoing Addendum to Declaration was acknowledged before me by GWLD R. WILLIA S as Authorized Agent, of Baxter Meadows Development LP, this day of , 2Q� Witness my hand and official seal. c /2. AWL Notary Public,4or the State of Residing at ) My Commission expires: 1541 HA96037\003\MEL5622.WPD EXHIBIT 1 DESCRIPTION OF PROPERTY All of those lands situated west of the centerline of Gallatin Green Boulevard, in the Final Plat of Baxter Meadows Subdivision, Phase 6, such lands being a portion of Tract 2A of Certificate of Survey 2202A, located in the SE 1/4 of Section 34, Township 1 South, Range 5 East,P.M.M., City of Bozeman, Gallatin County, Montana. H:\96037\003\MEL5622.WPD FIRST AMENDMENT TO DECLARA TION OF BAXTER MEADOWS CENTRAL A PLANNED COMMUNITY • H:\96037\003\KNH0457.WPD • FIRST AMENDMENT TO DECLARATION OF BAXTER MEADOWS CENTRAL (A PLANNED COMMUNITY) THIS FIRST AMENDMENT TO DECLARATION OF BAXTER MEADOWS CENTRAL is made this day of , 2006,by Baxter Meadows Development LP, a Montana limited partnership ("Declarant"). Pursuant to Section 11.4 of the Declaration of Baxter Meadows Central, recorded as Document No. 2202827, on September 22, 2005, Declarant hereby amends the Declaration to correct the following non-material errors found in the Declaration: 1)The opening paragraph of the Declaration misstates the name of the Declarant as "Baxter Meadows West, LLC,a Montana limited liability company." The opening paragraph of the Declaration is amended to read as follows: "This Declaration is made on the date hereinafter set forth by Baxter Meadows Development,L.P. a Montana Limited Partnership(Declarant)." 2) Section 1.4 of the Declaration omits a definition of"the Act,"though"the Act" is referred to throughout the Declaration. Section 1.4 is amended to include as subparagraph(a)the following definition of"the Act": "(a) "the Act" means the Montana Subdivision and Platting Act,§ 76-3-101,et seq. M.C.A. " Section 1.4 is further amended to re-letter the remaining definitions as subparagraphs (b) through (z). 3) Section 4.1 states that the Declarant may create additional lots up to a total of 220 and that Declarant may create additional lots up to a total of 250. These numbers are in.obvious conflict. To correct this conflict, the second sentence of Section 4.1 is amended as follows: "Declarant has the reserved right to create and add additional lots up to a total of 250, or such larger number as allowed on the Real Estate by local government,whichever is greater." 4)Exhibit A to the Declaration states that the Property consists of Phases 2C, 2D,and 2G. At the time the Declaration was recorded it was believed the property north of Phase 2C would be platted as Phase 2G and extend to Cattail Lane. However, during the application process,the Phases were further divided to include Phase 6 and other Phases which may be created in the future. • HA96037\003\KNH0457.WPD e • Therefore, the first paragraph of Exhibit A is amended as follows: "All of those lands situated west of the centerline of Gallatin Green Boulevard in the Final Plats of Baxter Meadows Subdivision,Phases 2C, 2D, and 6, all located in the S1/2 of Section 34, Township 1 South,Range 5 East,P.M.M. City of Bozeman, Gallatin County, Montana." IN WITNESS WHEREOF, the Declarant has caused this First AmendFnt,to Declaration of Baxter Meadows Central to be executed by its duly authorized agent this P day of 20p-;�- BAXTER MEADOWS DEVELOPMENT LP, a Montana limited partnership, By: . Gerald R. Williams STATE OF MONTT�ANA ) COUNTY OF • The foregoing Amendment to Declaration was acknowledged before me by'G./ELD R. WILL MS, as Authorized Agent, of Baxter Meadows Development LP, this — day of 200*- Witness my hand and official seal. Notary Public for the State of /71 Residing at Q�ZQ�y ,y�, ,[/[�, � My Commission expires: 3 • it 1 ' i i t k r � n C f d o I i Articles of Incorporation For Baxter Meadows Central Condominium Association, Inc. Bylaws of Baxter Meadows Central Condominium Association, Inc. -Declaration of Baxter Meadows Central Condominium *See front of tab ("New Add's')for new Addendums & Amendments to Declaration Articles of Incorporation For il t Baxter Meadows Central Property Owners Association, Inc. Bylaws of Baxter Meadows Central Property Owners Association, Inc. CIO -Declaration of • Baxter Meadows Central POA *See front of tab ("New Add's")for new Addendums &Amendments to Declaration Articles of Incorporation For The Baxter Meadows Master Community Association, Inc. it Bylaws of the ® Baxter Meadows Master Community Association, Inc. Community Declaration For The • Baxter Meadows Master Community Association, Inc. Design Review Guidelines and Regulations Of Baxter Meadows Master Community Association,Inc. Se VERY' 600023 BAXTER MEADOWS SUBDIVISION, P.U.D., PHASE 6 FINAL PLAT/P.U.D. APPLICATION Summary Guide to Information Required by the City of Bozeman U.D.O.. Section 18.72.020 The following topics are stipulated in the referenced sections within the Declarations of each of the three Associations: Central Central Master Communi P.O.A. Condo O.A. Topic Declarations Declarations Declarations Membership 3 3 2 • Common Land/Facilities 4 4 Enforcement 11 11 Perpetual Reservation 2 2 Right To Use 2 2 Responsibility 5 5 Assessments 6 6 Dispute Resolution 8 8 Transfer of Ownership/Control 1 1 Prevailing Party 11 11 Cit 's Right of Access and Maint. 5 Summary Guide to Information Required by the City of Bozeman U.D.O., section 18.72.040, paragraph A. B, and C. The following topics are stipulated in the referenced sections within the Declarations of each of the three Associations: Master Central Central Condo . Establishment of O.A. before properties sold All three Owner Associations are presentl established Mandatory membership w/specified voting rights 3.1 3.1 3.1 Permanent open s ace restrictions 1.1 1.1 Liability insurance, taxes, common area maintenance 5.3 10.114.8 15.1 9.1 Power to levy assessments 6.1 6.1 5.1 Governing board shall be at least five and property owners 8 8 Common area/facility maintenance guarantee 5.3 Guarantee of open s ace preservation 1.3 ARTICLES OF INCORPORATION FOR BARTER MEADOWS CENTRAL CONDOMINIUM • ASSOCIATION, INC. • ARTICLES OF INCORPORATION I FOR BAXTER MEADOWS CENTRAL CONDOMINIUMASSOCIATION, 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 public benefit 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; • Page 1 of 6 Central Condos Articles,FINAL.wpd (b) To perform all acts and services and exercise all powers and duties in Y 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. • Page 2 of 6 Central Condos Articles,FINAL.wpd • ARTICLE 7. 1 PRINCIPAL OFFICE AND REGISTERED AGENT • The current principal office of the Community Association is 3985 Valley Commons Drive, Bozeman, MT 59718. The initial registered agent of the Community Association is PC Development, Inc., David Finegan at the registered address of 3985 Valley Commons Drive, Bozeman, MT 59718. 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. 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 i 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. Page 3 of 6 Central Condos Articles, FINAL.wpd ARTICLE 12. i INCORPORATOR The name and address of the incorporator is as follows: Baxter Meadows Development, L.P. 6780 Trade Center Ave. Billings, MT 59108 • Page 4 of 6 Central Condos Articles, FINAL.wpd I i IN WITNESS WHEREOF, the undersigned has signed these Articles of • Incorporation this day of September, 2005. Authorized Agent State of Montana ) ss. County of 0�ru-U- A- ) Subscribed and sworn to before me this day of September, 2005, by Witness my hand,and official seal. Notary Public Residing at My commission expires: Central Condos Articles,F[NAL.wpd CONSENT OF REGISTERED AGENT The undersigned hereby consents to the appointment as registered agent for the Community Association. Authorized Agent State of A-[-'-4zu-tct ) ss. County of Subscribed and sworn to before me this /11 day of September, 2005, by Witness my hand and official seal. Not Public i Residing at My commission xpires: • Central Condos Articles,FINAL.wpd • • i I � � � '� i ' { • BYLA KS OF BAXTER MEADOWS CENTRAL CONDOMINIUM ASSOCIA TION, INC. TABLE OF CONTENTS • Page ARTICLE 1 -- INTRODUCTION, PURPOSES AND DEFINITIONS ........ -I- Section1.1 Introduction ......................................................................... -1- Section1.2 Purposes .............................................................................. -1- Section 1.3 Definitions .......................................................................... -1- ARTICLE2 -- 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 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 Adjournment of the MeetinZ ............................................... .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- Section4.6 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 Meg t.n s ................................................................. .8- Section 5.3 Notice of Board Meetings ................................................... -8- Section 5.4 Location of Meetings and Open Meetings .......................... .8- • i I • Section 5.5 Waiver of Notice Section 5.6 Quorum ............................................................................... .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 Section 6.2 Manager ............................................................................ -11- ARTICLE 7 -- OFFICERS AND THEIR DUTIES ...................................... -11- Section 7.1 Enumeration of Offices ..................................................... .11- Section 7.2 Appointment of Officers ................................................... .11- Section 7.3 S,pecial Appointments ....................................................... .11- Section 7.4 Resignation and Removal .................................................. -11- Section 7.5 Vacancies .......................................................................... .12- Section7.6 Duties ................................................................................ .12- Section 7.7 Delegation tion ......................................................................... .12- Section 7.8 Agreements, Contracts, Deeds, Checks, Etc ..................... -13- Section 7.9 Statements of Unpaid Assessments .................................. .13- Section 7.10 Compensation ................. ............................................... -13- ARTICLE 8 -- COMMITTEES ...................................................................... -13- Section 8.1 Designated Committees .................................................... -13- ARTICLE 9 -- ENFORCEMENT .................................................................. -13- Section 9.1 Abatement and Enjoinment 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- 40 ii • s ARTICLE 12 -- MISCELLANEOUS ............................................................. -17- Section 12.1 Notices to the Association ................................................ -17- Section12.2 Waiver ............................................................................... .17- 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 ............................................ -17- CERTIFICATION ........................................................................................... -18- it iii BYLA WS OF BAXTER MEADOWS CENTRAL CONDOMINIUM ASSOCIA TION, 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 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. • Page I of 19 Central Condos Bylaws,FINAL.wpd 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 Meetin>? . Meetings to consider proposed budgets may be called r 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. I • Page 2 of 19 Central Condos Bylaws,FINAL.wpd • (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 Meeti= . 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 Meetin>? . 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 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 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 i• 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 Ma jori1y 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 • 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 Meetins?Z . 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 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. An Director who has failed to attend an educational program as set forth in Y P gT 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 shall 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 • 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,FINAL.wpd 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 • (b) Obtaining the written vote of all of the Directors, with at least a majority of the j 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. i • Page 9 of 19 Central Condos Bylaws,FINAL.wpd (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; Page 10 of 19 Central Condos Bylaws,FINAL.wpd • (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 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. Page I 1 of 19 Central Condos Bylaws,FINAL.wpd Section 7.5 Vacancies . A vacancy in any office may be filled by appointment by the • i 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. Page 12 of 19 Central Condos Bylaws,FINAL.wpd 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 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 isequity, the continuance of any breach. Page 13 of 19 Central Condos Bylaws,FINAL.wpd 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 • 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 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 Page 15 of 19 Central Condos Bylaws,FINAL.wpd (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, 1 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. 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. 1 • Page 16 of 19 Central Condos Bylaws,FINAL.wpd • 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,FINAL.wpd I I • • 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 STATE OF MONTANA ) ss. COUNTY OF , :L �n ) The foregoing was acknowledged before me this `day of September, 2005, by IJ/ //l--Z'M S , as Authorized Agent of Baxter Meadows Central Condominium Association, Inc. Witness my hand and official seal. L Notary Public or the State of Residing ati�e�nA,�t. My Commission expires: Jt-dl� 3/, -V-0 7 Central Condos Bylaws,FINAL.wpd i • AFTER RECORDING RETURN TO: Orten & Hindman, P.C. 11901 W. 48"' Avenue Wheat Ridge, CO 80033-2166 Attn: JCMO i i i I :. i i Page 19 of 19 Central Condos Bylaws,FINAL.wpd i i - � �_ • DECLARATION OF THE BAXTER MEADOWS CENTRAL CONDOMINIUMS TABLE OF CONTENTS ARTICLE 1. Page SUBMISSION/NAMES/DEFINED TERMS .......................................................................... -I- Section 1.1 Submission of Property ............................................................... -1- Section 1.2 Name and Type. .......................................................................... -1- Section1.3 Pro e . ...................................................................................... .2- Section 1.4 Define Terms..................................................................................2- ARTICLE 2. EASEMENTS .................................................................................................................... .3- Section 2.1 Utility, Map and Plat Easements. ...................... 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 Eniovment ...................................... .5- Section 2.6 Delegation of Use ....................................................................... .5- ARTICLE 3. THEASSOCIATION ......................................................................................................... .5- Section3.1 Membership. ............................................................................... .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 Optional Audited Financial Statements. ..................................... .7- 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 Descriptions ................................... .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- Section 4.7 Maintenance and Insurance Chart ............................................. .11- Section 4.8 Association Maintenance .......................................................... .11- Section 4.9 Common Elements .................................................................... .12- Section 4.10 Limited Common Elements ..........................:........................... -12- l., i • • ' 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 .............................................................................. .15- 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- • Section 6.6 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 Regulations .............................................................. .20- Section 6.19 Declarant's Use ......................................................................... .20- Section 6.20 Use of the Words Baxter Meadows Central Condominiums and Baxter Meadows Central Condominium Association Inc . -20- • ii ARTICLE 7. DEVELOPMENT RIGHTS 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 Transferrable/Rights Transferred .................................. .23- Section 7.4 No Further Authorizations Needed ........................................... .23- Section 7.5 Amendment of the Declaration or Map .................................... .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. MODIFICATIONSTO 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 Manning 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- Section9.15 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 i • 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 Special Approvals ..................................................................... .32- Section 10.4 Right to Pay Taxes and Insurance Premiums ........................... .33- ARTICLE 11. GENERAL PROVISIONS ................................................................................................. .33- Section 11.1 Compliance 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 Securijy Disclaimer ................................................................... .36- Section11.10 Notices ...................................................................................... .36- Section11.11 Captions .................................................................................... .36- Section 11.12 Interpretation ............................................................................. .36- Section 11.13 Singular Includes the Plural ........... .36- . ................ Section 11.14 Education and Trainine ............................................................. .36- Section 11.15 Validity of Amendments ........................................................... .36- EXHIBIT A DESCRIPTION OF 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 ............................................I....................... .42- • ! DECLARATION • OF THE BAXTER MEADOWS CENTRAL CONDOMINIUMS 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. 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 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 I of 43 Central Condos Declarations,FINAL.wpd . • ' Section 1.3 Property. 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) "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,F[NAL.wpd (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 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. (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 of this Declaration Vad by reference. I • (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 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, Page 4 of 43 Central Condos Declarations,FINAL.wpd I 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 easemdnt.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 I • 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 i • i Section 3.2 General Pur2oses 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 iauthority 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 '/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. • Page 6 of 43 Central Condos Declarations,FMAL.wpd . • s (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 upon30 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. a 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 • ' 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 ( ) P g P 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.wpd 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: l• (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 • " (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 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. 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; y (iv) trash removal; i• (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 I I of 43 Central Condos Declarations,FINAL.wpd • ` 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.wpd i 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 i• 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 construction, restoration, or unbudgeted repairs or replacements of capital improvements that • 1 are not covered b the general reserve fund. Except as provided for in this Section no Special Y g P p p 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 • • 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 1 • 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 Workiniz 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 Neglignece 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 •` 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 lease 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 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 Page 16 of 43 Central Condos Declarations,FINAL.wpd 1 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. I 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,FfNAL.wpd • 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 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. (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 1S of 43 Central Condos Declarations,FINAL.wpd 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. (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 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. f • 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 must be 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 Unsightliness. 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 • ' Section 6.13 Restriction on Signs and Advertising Devices. No sign, poster, billboard, 1 advertisingdevice or display of an kind shall be erected or maintained anywhere within the p Y Y Y 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 Plat Restrictions. The restrictions,ifany,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 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. Page 20 of 43 Central Condos Declarations,FINAL.wpd i 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. Paoe 21 of 43 Central Condos Declarations,FINAL.wpd 0 • (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. (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) OtherRights. The right to exercise any additional reserved right created by any other provision of this Declaration. Page 22 of 43 Central Condos Declarations,F[NAL.wpd 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 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 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 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 •I 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. 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. IPage 24 of 43 Central Condos Declarations,FINAL.wpd (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 1 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,FINAL.wpd • (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 j 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) Boundary Change. Boundaries between adjoining Units may be changed as provided • for in this Article. Page 26 of 43 Central Condos Declarations,FINAL.wpd (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 (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. Page 27 of 43 Central Condos Declarations, FINAL.wpd •' ARTICLE 9. INS URANCE/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,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. • Page 28 of 43 Central Condos Declarations,FINAL.wpd N • 1 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 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. • Page 29 of 43 Central Condos Declarations, FINAL.wpd • j (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. (0 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 P P P 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 0 i 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 i 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 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. 4 • Page 31 of 43 Central Condos Declarations,FINAL.wpd 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 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 Page 32 of 43 Central Condos Declarations,FINAL.wpd 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 Rip-ht 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 Eve Owner and occupant of a Unit shall comply with the Governing Document • ( ) Every p P Y g s, 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 an occupant, guest, or invitee of a Unit violates the Governing Documents and a Y p � g 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; Page 33 of 43 Central Condos Declarations,FINAL.wpd (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. i Page 34 of 43 Central Condos Declarations,FINAL.wpd Section 11.2 Severability. Each of the provisions of this Declaration shall be deemed I 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, FINAL.wpd • '1 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 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 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. • Page 37 of 43 Central Condos Declarations,FINAL.wpd • • • i 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 September, 2005. Baxter Meadows Development LP, a Montana 1 inited partner ip By: Authorized Agent STATE OF MONTANA ) ) ss. COUNTY OF -7,L,0 Cdl r% ) The Foregoing Declaration was acknowledged before me on this -Lq-!- ay of September, 2005, by knahl P, 10i as Authorized Agent of Baxter Meadows Development LP, a Montana limited partnership. Witness my hand and official seal. Notary Public for the State of ��_�� Residing at ?e-P a=ALk- My Commission expires:_ • Central Condos Declarations,FINAL.wpd r-, EXHIBIT A DESCRIPTION OF PROPERTY i 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. • Page 39 of 43 Central Condos Declarations,FINAL.wpd • ► 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. i III III I I i • Paae 40 of 43 Central Condos Declarations,FINAL.wpd M 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.wpd 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.wpd • � AFTER RECORDING PLEASE RETURN TO: ORTEN &HINDMAN, P.C. 11901 W. 481h Avenue Wheat Ridge, Colorado 80033-2166 Attn: JCMO ".) r• • • I , r t I � 1 t I I I , f � • 1 I , i I ' I � I I I i 1 • . • { I ARTICLES OF INCORPORATION • FOR BAXTER MEADOWS CENTRAL PROPERTY OWNERS ASSOCIATION, INC. • I 1 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 public benefit 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; Page 1 of 6 Central POA Articles, FINAL.wpd • •'1 (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; (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. Page 2 of 6 Central POA Articles,FINAL.wpd ARTICLE 7. • PRINCIPAL OFFICE AND REGISTERED AGENT The current principal office of the Association is 3985 Valley Commons Drive, Bozeman, MT 59718. The initial registered agent of the Association is Potter Clinton Development, Inc., David Finegan at the registered address of 3985 Valley Commons Drive, Bozeman, MT 59718. 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 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. • Page 3 of 6 Central POA Articles,FINAL.wpd • ! ARTICLE 12. INCORPORATOR The name and address of the incorporator is as follows: Potter Clinton Development, Inc. 3985 Valley Commons Drive Bozeman, MT 59718 1 • • Page 4 of 6 Central POA Articles,FINAL.wpd f IN WITNESS WHEREOF, the undersigned has signed these Articles of Incorporation this `'Y 9�day of September, 2005. Authorized Agent State of Montana ) L--1-'t-u(:-6Z-�L n ) ss. County of ) f�t Subscribed and sworn to before me this day of %��F�ti 2005, by Witness my hand and official seal. Notary Public t rr; Z'a Mod Residing at My commission expires: Si, -tm-7- y:, j t• I Central POA Articles,FINAL.wpd • • CONSENT OF REGISTERED AGENT • The undersigned hereby consents to the appointment as registered agent for the Community Association. A dhorized Agent State of A le)-i l,k' tut✓ ) ss. County of Subscribed and sworn to before me this L day of September, 2005, by Witness my hand and official seal. INotary Public 4. t(,) Residing at yRzn-a'1't✓ ti My commission expires: • I • Central POA Articles,FINAL.wpd • k • • BYLA WS OF • BAXTER MEADOWS CENTRAL PROPERTY OWNERS ASSOCIATION, INC. TABLE OF CONTENTS Page ARTICLE 1 -- INTRODUCTION, PURPOSES AND DEFINITIONS ........ -I- Section1.1 Introduction ......................................................................... -1- Section1.2 Purposes .............................................................................. -1- Section 1.3 Definitions .......................................................................... -1- ARTICLE2 -- MEMBERSHIP ........................................................................ -I- Section2.1 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 Meetin 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 Ma-ority Vote ...................................................................... .4- Section 3.12 Voting Procedures ............................................................... .4- Section 3.13 Order of Business and Rules at Meetiniz ............................ .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- Section4.6 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 • • 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- Section 7.6 Duties ................................................................................ .13- Section7.7 Delegation ......................................................................... .13- Section 7.8 Agreements, 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- ARTICLE 9 -- 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- Section 10.1 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 i ARTICLE 12 -- MISCELLANEOUS ............................................................. -18- Section 12.1 Notices to the Association ................................................ -18- • iSection 12.2 Waiver ............................................................................... .18- Section12.3 Office ................................................................................ .18- I Section 12.4 Working Capital ................................................................ .18- ARTICLE 13 -- AMENDMENTS .................................................................. -19- Section 13.1 Bylaw AmendmentsNote of the Members ....................... .19- Section 13.2 Restrictions on Amendments ............................................ .19- CERTIFICATION ........................................................................................... -20- I iii • 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. I• Page I of 20 Central POA By':aws,FINAL.wpd 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.w d • g Y P • • • (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 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,FINAL.wpd Section 3.8 Adiournment 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 Votinl?. 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 10 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 Majori , 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 Votiniz 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 • 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 iMembers 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. i 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: I (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 (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. Page 5 of 20 Central POA Bylaws,FINAL.wpd �► i ! 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. (0 If a Director is not qualified, the Director's position shall be deemed vacant. Page 6 of 20 Central POA Bylaws, FINAL.wpd • 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 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 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 MeetiM. 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. i • Page 8 of 20 Central POA Bylaws,FINAL.wpd • 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 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); l�(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 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 • (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 11 of 20 Central POA Bylaws,FINAL.wpd 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. 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 6• 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,FINAL.wpd • 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 13 of 20 Central POA Bylaws,FINAL.wpd Section 7.8 Agreements, Contracts, Deeds, Checks, Etc. Except as provided in i 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 • 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 6) 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 { 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 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 • (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: (1) 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) Deterrination 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 hasmet 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 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,FINAL.wpd • 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,FINAL.wpd i 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. A Secretary I l • s • • ARTICLES OF INCORPORATION • FOR BARTER MEADOWS CENTRAL PROPERTY OWNERS ASSOCIATION, INC. • l ARTICLES OF INCORPORATION • 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 public benefit 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; Page I of 6 Central POA Articles, FINAL.wpd • (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; (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. • Page 2 of 6 Central POA Articles,FINAL.wpd ARTICLE 7. • PRINCIPAL OFFICE AND REGISTERED AGENT The current principal office of the Association is 3985 Valley Commons Drive, Bozeman, MT 59718. The initial registered agent of the Association is Potter Clinton Development, Inc., David Finegan at the registered address of 3985 Valley Commons Drive, Bozeman, MT 59718. 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 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 1• 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. Page 3 of 6 Central POA Articles,FINAL.wpd • ARTICLE 12. INCORPORATOR The name and address of the incorporator is as follows: Potter Clinton Development, Inc. 3985 Valley Commons Drive Bozeman, MT 59718 • i �• Page 4 of 6 Central POA Articles,FINAL.wpd IN WITNESS WHEREOF, the undersigned has signed these Articles of Incorporation this day of September, 2005. �• Authorized Agent State of Montana ) ss. County of Subscribed and sworn to before me this Play of 44'-YL k?c re--- , 2005, by �.sae.-�E. bL i ll i gj2as Witness my hand and official seal. Notary Public .Wry Residing ath.tc My commission expires: Jor 7- Central POA Articles,FINAL.wpd • CONSENT OF REGISTERED AGENT The undersigned hereby consents to the appointment as registered agent for the Community Association. mow.. .. i. •i Aufhorized Agent State of AQ-114i-ru✓ ) ss. County of , q . ,_� - ) n Subscribed and sworn to before me this L d y of September, 2005, by Witness my hand and official seal. Notary Public L Residing at /�'t)ReYvja K— • My commission expires: Jgjv 3P JkIea I• Central POA Articles,FINAL.wpd � � � � (� • j • S � ' i { i i I k �� > ' I �� ' • ! ' s � � '� } � ' 'I • r t. 1 i � � � i 5 ' - E i � ' 1 � � � I ' I � - t } i DECLARATION OF BARTER MEADOWS CENTRAL A PLANNED COMMUNITY (` TABLE OF CONTENTS ARTICLE 1. Page SUBMISSION/DEFINED TERMS ....................................................................................... -1- Section 1.1 Submission of Property ............................................................... -1- Section1.2 Name and Type. .......................................................................... .2- Section1.3 Property ....................................................................................... .2- Section1.4 Defined Terms ............................................................................ .2- i ARTICLE 2. EASEMENTS .................................................................................................................... .4- Section 2.1 Utility; Map and Plat Easements. ................................................ .4- Section 2.2 Owners' Easements of Enjoyment/Acknowledgments ............... .4- Section 2.3 Drainage Easements ................................... .5- Section2.4 Utilities ........................................................................................ .5- Section 2.5 Emergency Easements. ............................................................... .6- Section 2.6 Delegation of Use ....................................................................... .6- ARTICLE 3. THEASSOCIATION ......................................................................................................... .6- Section3.1 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 ................................................ ............................... .8- Section 3.8 Power to Operate and Charge for Facilities and Services .......... .8- I Section 3.9 Indemnification. .......................................................................... .8- Section 3.10 Security Disclaimer ..................................................................... .8- Section 3.11 Education and Training ............................................................... .9- Section 3.12 Declarant's Right to Appoint During Period of Declarant Control9- ARTICLE 4. LOTS AND COMMON ELEMENTS .................................................................................... .9- Section4.1 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- 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- Section 5.5 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 ....................................................... .16- _' Section 6.12 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. ........................................................ .18- Section 7.7 Restrictions on Vehicles, Vehicular Parkins ................................. 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 Storag ........................................................... .20- Section 7.12 Restrictions on Animals and Pets ............................................. .20- Section 7.13 Restriction on Further Subdivision of Lots ............................... .21- Section 7.14 Nuisances .................................................................................. -21- Section,7.15 Use of Common Elements ........................................................ -21- Section7.16 Antenna ..................................................................................... .21- Section 7.17 No Unsightliness ........................................ Section 7.18 Restriction on Signs and Advertising Devices ......................... .22- ! • Section 7.19 Restriction on Sale of a Lot ...................................................... .22- Section 7.20 No Restrictions on Mortgaging of a Lot ................................... .22- Section 7.21 Rules and Regulations .............................................................. .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. ArchitecturalReview..........................................................................................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 Liabili ..................................................................................... .25- Section8.10 Records ..................................................................................... .25- Section 8.11 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/Rights 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 Section 10.1 Insurance to be Carried by the Association .............................. .28- Section 10.2 Real Property Insurance 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 Claims Against Association ...................................... .30- 1 • . 111 Section 10.12 Adjustments by the Association ................................................ .30- • Section 10.13 Claims ........................................................................................ .31- Section 10.14 Insurance Assessments .............................................................. 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 Mortgage 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- EXHIB IT E INITIAL LIMITED COMMON ELEMENTS ............................................................. .41- iv I i DECLARA TION f 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 •-5 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: I 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 I of 42 Central POA Declaration,FINAL.wpd 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, 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. • Page 2 of 42 Central POA Declaration,FINAL.wpd (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 • PP Y P 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,FINAL.wpd /• 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: (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; i Page 4 of 42 Central POA Declaration,FINAL.wpd (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 Drainaize 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 .FJ 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 i • Page 5 of 42 Central POA Declaration,FINAL.wpd r• 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 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 (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,FINAL.wpd i 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,FINAL.wpd 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 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 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 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. Page 10 of 42 Central POA Declaration,FINAL.wpd �-' 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: (1) 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; (ill) 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 (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 ARTICLE 6. COVENANT FOR COMMON EXPENSE ASSESSMENTS Section 6.1 Creation of Association Lien and Personal Obligation to Pa 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 i of capital improvements that are not covered by the general reserve fund. The proposed . Page 13 of 42 Central POA Declaration,FINAL.wpd f'. 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,FINAL.wpd s � 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 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 Page 15 of 42 Central POA Declaration,FINAL.wpd . s s Section 6.9 Working Fund. 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 �I 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 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 DesigLi 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 /�• 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 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 (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,FINAL.wpd 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 Temporgy Structures/Sheds. Except during construction of y-� 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 (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. i (g) Pets shall not be allowed to defecate or urinate on any patio or balcony in i 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,FINAL.wpd 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 i 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 1, 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 t. in the community have been conveyed by the Declarant, Declarant shall appoint all Page 23 of 42 Central POA Declaration,FINAL.wpd 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 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 V consent by the Architectural Review Committee as to any application or other matters subsequently or additionally submitted for approval or consent. Section 8.9 Liabili . 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 (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; r (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,FINAL.wpd 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 f• 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 • 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. i Page 28 of 42 Central POA Declaration,FINAL.wpd I j 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,FINAL.wpd 0 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. 'I Page 30 of 42 Central POA Declaration,FINAL.wpd Section 10.13 Claims. The Board may, in its discretion, choose to submit a l 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 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. 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 I�~ 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,FINAL.wpd (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 r provisions at a later time under other circumstances or preclude the Association from enforcing any other covenant, restriction or rule. Without limiting the 16,3 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. Page 33 of 42 Central POA Declaration,FINAL.wpd /--� 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 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): Page 34 of 42 Central POA Declaration,FINAL.wpd 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 IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed by its duly authorized agent this /`V "day of September, 2005. BAXTER MEADOWS DEVELOPMENT L.P., a Montana limited liability partnership, B Y. s U. - Authorized Agent STATE OF MONTANA ) ) COUNTY OF4U z-t . ss.) //'� The foregoing Declaration was acknowledged before me by C zue J2, [.trX 1( i a w-s , as Authorized Agent, of Baxter Meadows Development L.P., this /` 'day of September, 2005. Notary Public for the State of /"Lex---, Residing at Px My Commission expires: Central POA Declaration,FINAL.wpd 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'/Z 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 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. Page 37 of 42 Central POA Declaration,FINAL.wpd i • 14 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,FINAL.wpd 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. i i Page 39 of 42 Central POA Declaration, FINAL.wpd EXHIBIT D INITIAL COMMON ELEMENTS None. • .i Page 40 of 42 Central POA Declaration,FMAL.wpd I • �- EXHIBIT E INITIAL LIMITED COMMON ELEMENTS None. Page 41 of 42 Central POA Declaration, FINAL.wpd I AFTER RECORDING PLEASE RETURN TO: ORTEN & HINDMAN, P.C. 11901 W. 48"' Avenue Wheat Ridge, Colorado 80033-2166 Attn: JCMO • • • • � \ II i �_ • •1 ARTICLES OF INCORPORATION • FOR THE BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION 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 public benefit nonprofit corporation, without shares of stock. ARTICLE S. 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 Page I of 7 Master Articles,FINAL.wpd 0 • " the real estate in Gallatin County, Montana, which may be annexed and made subject to 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 Owners. j (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 Owners in the Community Association in all matters deemed necessary and proper for the protection, maintenance and improvement of the lands and improvements owned by the Owners 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 Owners in 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 which are granted under 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. • Page 2 of 7 Master Articles, FINAL.wpd I I 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 Owners (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 j 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 an Owner. Voting rights and other rights of the Owners 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. The 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 3985 Valley Commons Drive, Bozeman, MT 59718. The initial registered agent of the Community Association is David Finegan at the registered address of 3985 Valley Commons Drive, Bozeman, MT 59718. 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 set forth in the Bylaws of the Community Association. The duties, qualifications, • Page 3 of 7 Master Articles, FINAL.wpd 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 Owners 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. • Page 4 of 7 Master Articles, FINAL.wpd ARTICLE 11. • DISSOLUTION In the event of the dissolution of the Community Association as a corporation, either voluntarily or involuntarily by the Owners hereof, by operation of law or otherwise, then the assets of the Community Association shall be deemed to be owned by the Owners 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: Potter Clinton Development, Inc. 3985 Valley Commons Drive Bozeman, MT 59718 • Page 5 of 7 Master Articles,FINAL.wpd • IN WITNESS WHEREOF, the undersigned .has signed these Articles of Incorporation this day of , 2005. J � homas L. Clin on State of Montana ) JJ,, �� ) ss. County 0&� �G't"6'n ) Subscribed and sworn to before me this day of September, 2005, by Thomas L. Clinton. Witness my hand and official seal. / Notary Public Residing at ae* L My commission expires: c'v • • Master Articles,FINAL.wpd 0 i CONSENT OF REGISTERED AGENT • The undersigned hereby consents to the appointment as registered agent for the Community Association. homas L. Clinton State of /Am6'r '�- ) r ss. County of 4-rd-EGI;66111- ) Subscribed and sworn to before me this.—l � day of September, 2005, by Thomas L. Clinton. Witness my hand and official seal. Notary Public 0 'a Residing at /;e? My commission expires: - ,� • Master Articles, FINAL.wpd j t i � � � . i � - i , , . i , � r � � ,� � i j I i � � I t f 1 � I i S � � / � ' i y1 ' i .1 , � � ; . j j � - � ' i 1 • � 1 � { BYLAWS OF THE BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION 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 elegate 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' Meetin�s ......................................................... 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 Section 4.1 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 • 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 Dele ates ................................................................... 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 Quorum at Delegates' Meetings ................................................................ 7 Section 5.9 Attendance of Dele ag tes 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 bDelegates .................................................................. 8 Section 5.16 Action of Delegates Without a Meeting .................................................... 9 Section 5.17 Action by Delegates 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 11 . ..................................................... 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 Section 6.7 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 Meetinjzs ....................................................... 13 Section 7.7 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 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 Delegation ................................................................................................ 17 Section 9.8 Agreements, Contracts, Deeds, Checks, Etc ............................................ 17 Section 9.9 Statements of Unpaid Assessments ......................................................... 17 Section9.10 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 BOOKSAND 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 13.4 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 ...................................................................................................... 21 ARTICLE 15 • AMENDMENTS Section 15.1 Bylaw Amendments/Vote of the Delegates ............................................. 21 Section 15.2 Restrictions on Amendments ................................................................... 21 • BYLA WY OF THE BAXTER MEADOWS MASTER COMMUNITYASSOCIATION 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 1.2 Purposes. The purposes for which the Community Association was 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 the 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 of Owners subject to the Community Declaration. Each Owner shall be allocated votes pursuant to the Community Declaration. Voting rights and other rights of the Owners 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 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 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 Page I of 22 Master Bylaws,FINAL.wpd 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 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 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 • 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.wpd 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 Adjournments 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.wpd • 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 (0 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 • 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 Delelgates. 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. i • Page 6 of 22 Master Bylaws,FINAL.wpd I • 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 ofDelegates. 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 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 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 of 22 Master Bylaws,FINAL.wpd s 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 j 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 i 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; (f) 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,FINAL.wpd • 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 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 i 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 i 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 limitations 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 10of 22 Master Bylaws,FINAL.wpd • 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. j 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. j 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. 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 I of 22 Master Bylaws,FINAL.wpd 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 i 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 Bylaws,FINAL.wpd i • 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 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 i 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 of the 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; (j) 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,FINAL.wpd • (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; (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 • 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 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 • (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 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. Page 17 of 22 Master Bylaws,FINAL.wpd 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 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 f 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 • (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,F1NAL.wpd i i i (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 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: i (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 • 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 Amendments/Vote 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. • i Page 21 of 22 Master Bylaws,FINAL.wpd i 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 22 of 22 432F1067-1961-083A7D.wpd I 1 � i ' � � • + ' L V 1 � { r i i } f � ` � I I� � ` { � � � l f � � ` + � i � � � '� I 1 { i � fII{ I t i 1 1 ! � �..` 1 � e � } � � ) I [[1 � � 1 1 1 � / ` �., ' . I ' ' � / i l f i � r • COMMUNITY DECLARATION FOR BAXTER MEADOWS MASTER COMMUNITY 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 Section 1.3 BindingEffect ffect ............................................................................................ 2 Section 1.4 Name and Tyne .......................................................................................... 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 Communi . Manager ................................................................................. 9 Section 2.5 Election of the Board of the Community Association ............................... 9 Section 2.6 Declarant's Rightppoint During Period of Declarant Control ........... 9 Section 2.7 Duty to Provide Audit .............................................................................. 10 Section 2.8 Operating Fund ........................................................................................ 10 t • Section 2.9 Establishment of Other Funds .................................................................. 10 Section 2.10 Authority for Disbursements ................................................................... 10 Section 2.11 Power to Provide Special 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 ................................................................. 11 Section 2.15 Indemnification ........................................................................................ 11 Section 2.16 Education and Trainin ............................................................................ 12 ARTICLE 3 MEMBERSHIP, DELEGATE DISTRICTS, VOTING AND ASSESSMENT ALLOCATIONS ............................................................................................................ 12 Section 3.1 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 • 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 Rights Re ag rding Recreational Facilities ................................................ 18 Section 4.7 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 Security .................................................................................. 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 Section 6.2 Continuing Lien ....................................................................................... 23 Section 6.3 No Exemptions, Offsets or Reductions .................................................... 23 Section 6.4 Capitalization of the Association/Working Funds ................................... 23 Section 6.5 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 Section 6.16 Lien Priority...............................................................................................28 • a • ARTICLE 7 i GENERAL RESTRICTIONS • Section 7.1 Purposes, Plan of Development, Applicability' Effect ............................ 29 Section 7.2 Changes in Circumstances Anticipated ...........................................:....... 30 Section 7.3 Owner Acknowled ment ......................................................................... 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 A,pproval.............................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 Pro rams :...... 34 Section 7.12 Right of Owners Regarding 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 8.4 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 DEVELOPMENTRIGHTS .................................................................................................. 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 GENERALPROVISIONS .................................................................................................... 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 Interpretation ............................................................................................ 47 Section 10.13 No Representations or Warranties ........................................................... 47 Section 10.14 Sinjaular 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 • COMMUNITY DECLARATION • 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; (iii) to further promote the welfare of the community and its residents, occupants, tenants and guests; • Page I of 52 Master Declaration,FINAL.wpd (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 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") 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 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 GoverningzDocuments. 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 • • 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 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. 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,FINAL.wpd 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 1 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.wpd • 30. "Sub Association Assess ment(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. 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 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 Declarant's 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; Page 7 of 52 Master Declaration,FINAL.w d • P (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 8 of 52 Master Declaration,FINAL.wpd i 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 • j 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 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 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. I 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 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 Section 3.3 Voting Rights of Members. • r (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,FINAL.wpd (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.wpd 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; ' i (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.wpd 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. 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 of 52 Master Declaration,FINAL .wpd s s the Community Declaration, plat or map in any instrument shall be deemed to include any v 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 i • 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 (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; 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. Page 18 of 52 Master Declaration,FINAL.wpd 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 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 stone water facilities and recreational areas • Page 19 of 52 Master Declaration,FINAL.wpd • • 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. i Section 5.3 Generally Designated Areas of Maintenance The Community I 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 iwith this Section shall not constitute discrimination within a class. Page 20 of 52 Master Declaration,FINAL.wpd (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 Master Declaration,FINAL.wpd 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 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. • Page 22 of 52 Master Declaration,FINAL.wpd ARTICLE 6 • COVENANT FOR ASSESSMENTS Section 6.1 Creation of Community Association Lien and Personal Obligation to Pam. 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 • 7' 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.wpd 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 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 • - ►f 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 (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 (a) The Bo-et,Process . If to be imposed on aannual 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 monthly, quarterly, or annual installments, or in any other manner, as determined by the Board. Section 6.11 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. (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, • Page 28 of 52 Master Declaration,FINAL.wpd against the person(s)f rsonally obligated to pay such overdiPAssessments, 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 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 Resideni; al 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,FINAL.wpd 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 i• 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 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 r• Page 31 of 52 Master Declaration,FINAL.wpd 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 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 7.7 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 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 Section 7.11 Restriction on Timesharing, Vacation Clubs and Similar Pro _ms Use l arg . • 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 INS URANCE/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 (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 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 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: • Page 36 of 52 Master Declaration,FINAL.wpd (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,FINAL.wpd y Section 8.5 Adiustments 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 (i) The right to exercise any development rights reserved; i •(j) 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,FINAL.wpd (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 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 t •1 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. (ji) 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 I (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 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 1 .6 Term of Community Declaration. The covenants and restriction S ct 0 tv s of this Community Declaration shall run with and bind the land in perpetuity. Section 10.7 Amendment of Community Declaration, Man 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.wpd (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 F 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 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. I 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 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. r� Master Declaration,FINAL.wpd IN WITNESS WHEREOF, the Declarant has caused this Community Declaration to be • executed by its duly authorized agent this 'R `day of September, 2005. Baxter Meadows West, LLC, a Montana limite li ility coippany 1-17 Thomas L. Clinton hi Gerald R. Williams STATE OF MONTANA ) ss. • COUNTY OF ) The foregoing Community Declaration was acknowledged before me this Cl � 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. �/ I ac& 7C rn- xU Notary Public for the State of I��o►'t f Residing at �tuz? 1L,t.oti My Commission expires:_N-let 1,4 f,. • Master Declaration,FINAL.wpd 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 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 t/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 Declaration, FINAL.wpd EXHIBIT C • i 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 AFTER RECORDING RETURN TO: •} ORTEN&HINDMAN P.C. 11901 W. 48th Avenue Wheat Ridge, CO 80033-2166 Attn: JCMO i • Page 52 of 52 Master Declaration,FINAL.wpd � / � � ' � ' / ` • 1� r • �{ 1 �` DESIGN REVIEW GUIDELINES AND REGULATIONS OF BAXTER MEADOWS MASTER COMMUNITY ASSOCIATION . t • DESIGN REVIEW GUIDELINES AND REGULATIONS OF OV 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), 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. Page I of 19 Master Design Review Guidelines,FINAL.wpd 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 ( 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. i 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 Re uired: Acknowledgement Form 9 g Page 3 of 19 Master Design Review Guidelines,FINAL.wpd • ,. Form A - Construction Design Review Application 1 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"= 1'-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" = V-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 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 l. 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: i 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 shall withstand deterioration from winter snow plowing j and erosion. •' Page 5 of 19 Master Design Review Guidelines,FINAL.wpd i 0 Driveways shall be limited in width to 14 feet minimum and 16 feet maximum at I� 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. 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, 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 of 19 Master Design Review Guidelines,FINAL.wpd 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,FINAL.wpd 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. Fencin : 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 The builder shall install separately metered irrigation systems which are ( controlled by each individual owner. At a minimum, builder shall install front �\I 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. 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 • 1 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 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 US THIS THE CORRECT REFERENCE?? OR SHOULD THIS BE MASTER ASSOCIATION?l 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 Vroof 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 10 of 19 Master Design Review Guidelines,FINAL.wpd • • 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 •t 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 I 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 1 i• 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 Log: 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 1 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. 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, uncoMsed 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 •3 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 Page 13 of 19 Master Design Review Guidelines,FINAL.wpd 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. Page 14 of 19 Master Design Review Guidelines,FINAL.wpd • 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. I Page 15 of 19 Master Design Review Guidelines,FINAL.wpd - IN WITNESS WHEREOF, the Design Review Guidelines and Regulations have been executed this day of 20L%.SJ i 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 f d Am er, ,by �1,E!7v►�Z s i.1 /rrL , as Authorized Agent of Baxter Meadows West, LLC. Notary Pubes far he State of Montana Print Name: Residing at: (SEAL) My Commission Expires: ,1�• Master Design Review Guidelines,FINAL.wpd 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 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: i Telephone: FAX: Email: Page 17 of 19 Master Design Review Guidelines,FINAL.wpd • 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: 4 L', 8SCAPE ARCHITECT: Firm: Address: Telephone: FAX:_ INFORMATION 1. Are any variances from the Baxter Meadows Code being requested under this application? I Yes I No 1 • Page 18 of 19 Master Design Review Guidelines,FINAL.wpd ( 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 Floor Plans i Roof Plan Elevations i Landscape Concept Plan Submitted by: Date: Signature: l i t • i Page 19 of 19 Master Design Review Guidelines,FINAL.wpd