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HomeMy WebLinkAbout638300222960796170) Z-9819 BRI`)GER PEARS TOWN C PUD CONCERT-PLAN NE Corner of N. 19th/Oak Dave Hutchinson, Grant Creek February 18, 1996 e N lD OD lD C j i s ' FILE FOLDERS LEGAL SIZE—SP411'h fl V v PROJECT ACTIVITY LOGS BOZEMAN CITY-COUNTY PLANNING OFFICE /� Project Name 1 File No. -" • t h STAFF STAFF CUMULATIVE DATE ACTIVITY PERSON HOURS STAFF TIME f �: 51 304 OsZ S Z We :•` fit - F- ' C&PtVNGINEERS MOSONRRI FILE SCIENTISTS SURVEYORS +� MMERLE, INC. 901 TECHNOLOGY BLVO • P.O.BOX 1113• BOZEMAN,MT 59771 • 406.587-0721 • FAX:406,587-1R76 An Employee-Owned Company 07 February 18, 1998 1 � RE C 0 ' Mr Andy Epple, Planning Director FEB 18 1998 City-County Planning CITY-COUN i y plr�,P, �iI1fQ ' PO Box 640 Bozeman, MT 59771-0640 1 Subject: Bridger Peaks Town Center Concept Plan Review ' Grant Creek Partners Dear Andy: On behalf of the Applicant, Grant Creek Partners, we are pleased to present the Concept Plan ' Review and Preapplication Plan Submittal for Bridger Peaks Town Center. Enclosed please find the completed application, $311.00 review fee and 15 bound sets of the Concept.Plan Review and Preapplication Plan Submittal for the subject project. Each set includes the following items: ► Cover Letter ' ► Copy of the Applications ► 8-1/2x 11 Zoning Vicinity Map ' ► Site Plan with Statistics (pocket) ► Preapplication Plan with Site and Utility Data(pocket) ► Portion of USGS Topographic Map (pocket) ' ► Summary of Covenants - Example Covenants ► 1 l x 17 copy of Site Plan ► 11x17 Conceptual Elevations 1 The Property Owner, Applicant and Design Team are working together to establish a ' comprehensive open space plan that complies with Section 18.54 of the Bozeman Zoning Ordinance as amended for the North 19' Avenue Corridor Master Plan Update. Beginning Our Second Half Century � � •� i ULIMORMSON JI MMERLE,INC. tWe look forward to working with City Staff, the Planning Board and the City Commission to 4� deliver a quality project situated in the North 19`h Avenue Entryway Corridor. Please call if you ' need additional information or if you have any questions. ' Sincerely, �t Morrison-Maierle, Inc. ' Keith S. Belden, PE Bozeman Branch Office cc: Dave Hutchinson, Grant Creek Partners ' Mike LaBarre, Fehlman-LaBarre Architecture Planning 1 H A3121\CONCEPT.WPD February 18, 1998 1 1 BOZE14AN CITY-COUNTY PLANNING OFFICE ' CARNEGIE BUILDING - 35 NORTH BOZEMAN 11. O. BOX 640, 11OZEMAN, MONTANA 59715 Phone - '(406) 582-2360 PAX - (406) 582-2363 ' PLANNED UNIT DEVELOPMENT ' CONCEPT- PLAN-REVIEW- APPLICATION------------ ----------- A Concept Plan Review is mandatory for all planned unit development proposals. This is an opportunity for applicants to discuss ' requirements, standards, and policies that apply to development proposals and to identify major problems, so that they can be solved before a formal application is made. Upon submittal, staff will review the checklist and determine. if the application as submitted is complete. If so, it will be placed on the nest Development Review Committee (DRC) and Design Review Board (DRB) agendas for initial review. Planned unit developments ' Proposing uses not otherwise. allowed in the underlying zoning district shall also be reviewed by the Planning Board and the City Commission for conceptual review. Incomplete submittals will be rel'.urncri to 1'.he :.applicant. ----------------------------------------------------------------- ' 1 . Name and address of property owner: Philip Saccoccia. Jr. 991 East Beach, Pass Christian. MS 39571 Phone: 601-865-3596 ' 2. Name and address of applicant: Dave Hutchinsnn - Grant Crppk Partners 248 A. North Higgins AvP_ ,�Suitp 232. Mi—mila, MT Phone: 4D6-c,23-5634 ' 59802 3. Name and address of Engi-neer/Architect/Planner: See bottgm 2nd page. Phone: 4. Name of project/development: Bridger Peaks Town Center 5. Address of proposed development: NE Corner N. 19th & Oak tG. Legal description: Tracts 4A &4B COS 1215A 7. Current Zoning B2 Land Area sq.ft. 42.24 acres ' 8. Describe the proposed development (use additional ,sheets if necessary: _J3xdaer_Paaks_1Qwn Center - see site plan ' 9. Review Fee: $220.00 (Minimum fee after refund: $140.00) ' This application must be accompanied by appropriate fee and the appropriate submittal requirements (see attached list) . Property Owner's gnature Applicant's Signature CONCEPT PLAN REVIEW SUBMITTAL CHECKLIST I Applicant: Grant Creek Partners Subject Property Address: NE Corner N. 19th & Oak The following is a checklist of submittal requirements for all Planned Unit Development(PUD) ' Concept Plans. The applicant must complete this checklist along with the items stated for the application to be considered complete. Any items checked"NO"or"N/A"(not applicable)must be explained in a narrative attached to the checklist. ' Fifteen (15) copies of the conceptual (skctch)drawing must be submitted for review by the Development Review Committee(DRC)and the Design Review Board(DR13). If the proposed use's ' not otherwise allowed in the underlying zoning district it will also be reviewed by the Planning board and the City Commission,and an additional fifteen(15)topics of the conceptual (sketch)drawing must be submitted. YES NO N/A I. Data regarding: a) site conditions _X ' b) land characteristics X c) community facilities X ' d) utilities X c) general information about adjacent X land uses f) land uses within one-half miles of _X the subject parcel 2. Conceptual(sketch)drawing showing the X 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 _X land use allocations by location and as a percent of total site area. REFL'•RENCE 18.54.050"CONCEPT PLAN SUBMITTAL REQUIREMENTS Or THE BOZEMAN ZONING ORDINANCE. 3.A. Mike LaBarre ' Fehlmar LaBarre Architecture Planning 452 Eighth Avenue, Suite A San Diego, CA 92101 Tel (619) 234-0789 Fax (619) 234-8136 B. Keith Belden Morrison-Maierle, Inc. ' P.O. Box 1113 Bozeman, MT 59715 Tel (406) 587-0721 Fax (406) 587-1176 i ' BOZEMAN CITY-COUNTY PLANNING OFFICE CARNEGIE BUILDING-35 NORTH BOZEMAN AVENUE P.O.BOX 640,BOZEMAN,MT 59771 ' (406)582-2360,FAX 582-2363 SUBDIVISION PRE-APPLICATION FOR ALL SUBDIVISIONS --- -------------------------------------------------------------------------------------------------------------- Pre-application review is required for all major subdivisions. Prior to the submittal of a preliminary plat for a minor subdivision,the subdivider or a representative shall either meet with the planning ' department to discuss the subdivision,or submit an application for prc-applicationrcview. TEN(10) copies of the pre-application materials outlined on the "Subdivision Procedures Form" shall be submitted with this application. ------------------------------------------------------------------------------------------------------------------- l. Ncune and address of property owner: Philip Saccocci a, Jr. ' 991 East Beach, Pass Christian, MS 39571 Phone: 601-865-3596 2. Name and add ressofappIicanl/representative: Dave Hutchinson-Grant. Creek Partners 248 A North Higgins Ave., Suite 238, Missoula Phone: 406-523-5634 MT 59802 3. Name of Subdivision: Bridger Peaks Town Center ' 4. Location(legal): Tracts 4A & 4B COS 1215 A Common address: NE Corner N. 19th Ave. & Oak St. 5. First Minor Subdivision Created From a Tract of Record ' Second or Subsequent Minor Subdivision Created From a Tract of Record X Major Subdivision 6. Acres: Gross: 42.24 Net: 7. Total Number of Lots: 11 ' 8. School District: Bozeman No.. 7 Fire District: Bozeman ' 10. Indicate the proposed usc(s)and number of lots,spaces,or units for each use: Residential,single family ' Residential,multiple family _ x.._ Planned Unit Development Condominium Townhouse ' Recreation or Second Home Mobilc I-Ionic Park Recreational Vehicle Park X Commercial ' Industrial Other(please describe in narrative) F:\FORMS\CITY\PREAP.FRM 1 ' 1 1. Current land usc: Vacant; Agriculture 12. Existing zoning or other regulations: Commercial BZ ' 13. Depth to ground water: 4' to 6' Depth to bedrock,etc. N/A 14: Review Fee: $100,plus$1 per lot t The correct number of copies plus one copy of the completed Subdivision Procedures form must be submitted,with the appropriate fee,or the application will not be accepted. This application form must be signed by the applicant and the property owner(if different). QX-4k�- I 9 a C�— P�� Appplicant's Signature Property 0 er's Signature For-: Cor. A Cre'-� �•,r'\nv� Date: 2�I"] /9f� Date: -I U 1 F:\FORMS\CITY\PREAP.FRM ' BOZEMAN CITY-COUNTY PLANNING OFFICE SUBDIVISION PROCEDURES FORM FOR PRE-APPLICATION SUBMITTALS This form is used to evaluate and accept applications for pre-application review. Failure to provide all applicable information will result in an incomplete submittal and will cause a delay in the review ' of the project. This form must be completely filled out and returned with the appropriate fee and application. ------------------------------------------------------------------------------------------------------------------- ' NAME OF PROJECT: Bridger Peaks Town Center TYPE OF PROJECT: MINOR X MAJOR ' PRE-APPLICATION PROCEDURE AND SUBMITTAL REQUIREMENTS ' The pre-application plan may be a fret-hand sketch, legibly drawn, showing approximate boundaries, dimensions, areas and distances. The plan may be drawn directly on a print of a topographic survey required for the preliminary plat. All applications and submittal material, including all copies of plats,shall be bound and folded into complete 8%:"x I I"or 8%:"x 14" ' sets ready for distribution. All plats shall be on one or more sheets either 18"x 24"or 24"x 36" in sire,and shall be folded and included in the bound material. Prc-application review is required for m:�ior subdivisions. In addition to a pre-application,the ' subdivider,or his/her representative, is encouraged to meet with the planning department prior to submitting a plan or plat to discuss the Subdivision Regulations and standards, familiarize the subdivider xvith the goals and objectives of applicable plans, regulations and ordinances, and to ' discuss the proposed subdivision as it relates to these matters. Prior to the submittal of a preliminary plat application for amino subdivision,the subdivider or a representativcshall either meet with the planning department to discuss the above issues, ' or submit an application for pre-applicationrevicw. The planning department may,during a pre- submittal meeting,require a subdivider to submit a pre-application plan. ' The planning department will distribute the pre-application information to appropriate agencies for review and comment. Within fifteen(15)working days of the receipt of a complete pre-application submittal,the planning department will advise the subdivideras to whether the plans and data meet the goals and objectives of applicable plans and the Subdivision Regulations. All written comment received from other agencies will also be forwarded to the applicant to aid in the preparation of the preliminary plat. ' A subdivider may request in writing that the Planning Board review the pre-application plans. The letter of request and twenty(20)copies of the pre-application materials are required for this optional review. The request must be received at least fifteen(15)working days prior to the Planning Board meeting at which it is to be considered. A copy of the approved minutes of the Board meeting will ' then be forwarded to the subdivision,in addition to other agency comments. TEN(10)COPIES of the prc-application materials are required,unless a differentnumberofcopies ' is agreed to in a pre-submittal meeting. The prc-application plan shall include the following information: (refer to Chapter 16.08, Bozeman Area Subdivision Regulations, for full requirements): ' RVORMWITYWREAPPROIRM ' A. A Sketch Map Showing:, YES NO N/A 1. Title block indicating proposed name, 1/4 section,section,township, ' range,Principal meridian,and county of subdivision X 2. Scale, north arrow,namc and addresses of owners and subdividers,and date oI'plat preparation X ' 3. Block and lot boundary lines,with lot numbers,dimensions,and areas X 4. Location,namc,width and owner of existing or proposed streets,roads,and ' easements within the proposed subdivision and within adjacent subdivisions and X tracts;and name of street or road that provides access to the subdivision from the nearest public r/w ' 5. Boundaries,dimensions,and areas of ark,common open space,or other public X areas 6. Sites for all uses other than single family X ' 7. Name of adjoining subdivisions and numbers of adjoining COS,along with X adjacent lot and tract lines 8. Location of all existing structures,railroads,power lines,towers and X ' improvements inside the proposed subdivision and within 100 feet of the proposed subdivision 9. Zoning classification within the proposed subdivision and adjacent to it. X Indicate the proposed zoning if a change is contemplated 10. Current topographic map at largest scale available with subdivision outlined X thereon ' 11. Embankments,water courses,drainage channels,areas of seasonal water X ponding,areas within designated floodway,marsh areas,wetlands,rock outcrops, wooded areas,noxious weeds,and areas of active faults ' 12. Location,size and depth of existing and proposed sanitary and storm sewers, X water mains,fire hydrants,gas lines,electric and telephone lines,sewage and water treatment facilities and storm water storage facilities 13. If phased,an overall development plan indicating future development of X remainder tract B. A list of variance requests(refer to 16.30.010 for furtlier variance information). I t ' F:\FORMS\CITY\PREAPPRO.FRM R0. M r Bridger Peaks Town Center Zoning Vicinity Map t t r r Lane 1 L •190 Legend13 - — Property Property m' Vacant Land iVacant-Land- �e.- s�-2 oa r et Covered wagon Mobile Home Pb 1 E Cr 4 -+ R_2•A R- i R 2-A LMILx � :1 1t 4 7y S✓N ~3 .+ AS �.. y ; R w Durston 'a:�h�1 + RE RS r Y� . JAL r * f .a ♦.. � k F ^"•Yf ! tt.f �.� � 1 J■��(j/�(' T!j RR LAIC R$. +.•a � +jsts R' 3 Y. } ,. - � A. . 67►1 VLL7iWa C017iP27171. r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 am AP7 r 4663 6 c ly L 26846SIAT oil x 16,5 -qgi�2 T 982 810- SE BA E . .... rid— r 31 T, 7 7� 4 7,28T `\� l _j 4 T2_57 ?IT 86 T .S JECT PROPERP� ST LvT - OAK STREE _ P. A M 11 11 A 11 17,9 7 T 9 Par , Pai,A LL x ST 17-008 oc STen 4810 o, Sunset Hills I 4BE9 T i-emotery L • _11Y l5 4-9/2 T..j I== !:o e Unl, J GARDNER-SIMMENTAL PLAZA GRAPHIC SCALE LA S.K.A.,INC STATE MONTANA S651 E.BAXTER LANE STATE LANDS ,00 o w ,ao zoo400 BOZEMAN,MT 59715 151 EVERGREEN,SUITE C BOZEMAN,MT 59715 T S 35 36 ( IN FEET) TIS1 inch= 100 ft. 2s 2• 1 W CORNER 296.77 Tzs 58T06'45"E 880.65' BAXTER LANE ECTION 1 IX 124g IX 1ffi T2S RSE 583.88 IX 1ffi IX 1ffi 501'5 60.54' IX tau 60.54' N8197,7' I � I 197.73' I3 - g DELTA=22'33'55" I n RAD-752.41 g LEN=296.33 I zj TRACT A C.O.S. 1215C 8.30 cc. N I ?oc inI z I 589'09'38"E 1070.27' N h GRACE E.FRANCE JOANN L.CAPE CI 222E W.MAIN 9 TRACT B 2220 W. MT 59715-3972 I `O I C.O.S. 1215C OD � I 11 .71 cc. z _ S&sro9.26'E 1370,48' zl PETER K.NELSON 1104 MANDEVILLE LANE I zj TRACT 1 B BOZEM AN,MT 59715 ',/,{' AN D E%,25'R.O.W.-+� C.0.S. 121 5r' JERRY L.PERKINS AND PT LAND \ EX.25'R.Q.W. 20.01 a c. BOZEMAN,O 225 EMT 59715HALL I W I OPEN SPACE CALCULATIONS FOR EFFECTS OF ADJUSTED 3 \\ I M j NEW TRACT 4A COMMON LOT LINE N \ TOTAL LAND AREA: 24.107 ac. ORIGINAL TRACT 4A: 22.2$2 00. P DEDICATED R.O.W.: 2.888 ac. ORIGINAL TRACT 4B: 19.989 cc. il NET USABLE AREA: 21.219 ac. TOTAL• 42.241 ac. R fO AI REWIRED OPEN SPACE: 6.366 ac. NEW TRACT 4A: 24.107 ac. OPEN SPACE: NEW TRACT 4B: 18,134 ac. INTERIOR OPEN SPACE(ADD.): 2.132 cc. TOTAL: 42.241 ac. SETBACKS FROM R.O.W.: 2.814 ac. \ i• TOTAL OPEN SPACE: 4'946 ac. TRACT 4A GAINS 1.855 AC. I � I\, z EX, 24"c\uLRT '_ a83°09 35 E 728 98' - — — - 1' 11)I } Y S89 09'35_E —_ 648 05 )P I_--TA 1 l HE DEDICATED'MTH SUBSEQUENT PLAT a328 03 �` x _ —- ° OI EE TO BE DEVELOPED YATH_SUBSEOUENT PLAT 1 30' I 1, 'rREPLACEPUBLIIC STREPUBLIC STREET EASEMENTPARAI,ELPTO PRO RTY LINEEASEMENT UTILITY LOT 11 gi , 64.616 of a>w 1.48 ac' 111 I , 60'PUBLIC STREET x EASEMENT i' ll TO BE ABANDONED N 9'0423 W. 253.27• . I 1 z ( )._ 1 °LOT 9 _ s I � �� x •'� I 9,867 s r ,�apg' I 0.69 ac i Z."'1 8i),I i! !11' PROP ( "I ER i '1 1 1 "iT I --."LQT--10_ T.wE ' ) 6^ 183,520 of \ Z .PHASE LINE _.- _ ..., 4.21 ac. NEW PROPF�RTY / 186.�2i 1 LINE TR I ` PHASE LINES PHASE LIN6 1 / '1uj 2'E OBI r r /41�__ I 7/r a N + TRACT )Z - 0 87 0. I i , LO'F�,•� •��,I, t'J I :\ V.�/ S.• 837 ac Vv s \ I 116 5 6` 'L5 > � 47' PETER K.NELSON LOT 6 �; STREAM SETBACK IJ. ! 3` BOZEMAN,DMTL59715NE 35' AND �qc \ ~ \ - ��••' �� / %7 N JE RY L PERKINS AND E `LOT 5 I F AREA INCLUDED IN �O PT LAND N89 5T04'W t 1�79, 297837 st \\ „tr AREA SETBACK=2.247 ac:� BOZEMAN,EMM597E5HALL rIy I 389'0 I2, I =. X, 6. 7',a\c. \ .. 1-�l( ♦ \\\ �''.-.. \ VE„•.3., �....—..._ �. ..EXISTING STREAM\DITCH V pan NM - _ f I'„ �'''`yyy\ 35'STREAM SETBACK / `\ '•=r .,�,_�h'a iS947' 8 'I L..50 GREENWA�' \;\ \" \es \�• \" '�'' lay Spa 17 LOT 2 78.2o0�c 1.80 v LOT 4 IIIfI--�--___ /PARKING MINING((TYP r+ 8195`ef.. } ww r' ' j I I n �..:.. .. `�..... 1 I� ,.�i 70�,8 3 sf r Xr 1 11 a n.,I: =vvy1I:III 4� C7o1FtM RAW LOT 3 4 `� I. j i r Tt! EAS _ � I- 30.751 of ry1P I I I' O AY ", Q 345 ac.OPEN SPACE TO BE I - ASEMENT 0.71 ac f o I-EMENT E% 60 RC f DEVEL020'STORMSDR NOUENT PLAT 8 TAS --� N I EASEMENT �'..1 TER 1AAIN-STUB X EX. 18"CULVERT 19315 ` R _- Ele-t41YI11—•— ( Fet-1lCIR IX 14'Yllt IX MAR -- DI t1aTR F1ty4N AS T 8 A - AEIAHL7 ED�E_ -` - E%. 18 CULVERT — - - (_ otl tiw,x IX 14WM AACT IEDTiE a' 80 ROW _ - — s OAK STREET =EX 18 cuwER7 x 36"CULVERT ASr ASPATI -EDGE -v80R. s..¢= ASPAHLT EDGE _ 58110'12"E 728,98 - 891D i2 E j 661,79A. -ASP — — _ ,.. . — c.os.l2aoF - _ GRACE E.FRANCE ac,TO HET}IQATFB-YAROY T.W L SUBSEQUENT PLAT GRACE L.CAPE COVER WAGON MOBILE HOME PARK 1319 W. ALTONDURST N 2220 W.MAIN ST. COVERED WAGON MOBILE HOME,L.L.C. BOZEMAN.MT 59 71 5-2 72 6 BOZEMAN,MT 5971 5-39 7 2 P.O.BOX 6180 BOZEMAN,MT 59771-6160 MO R R I S O N ENGINEERS LEGEND !\J SCIENTISTS PREAPPLICATION PLAN OF 0 SURVEYORS rzuv _ BURIED TELEPHONE AND FOUND SECTION CORNER '. AREA CALCULATED THIS ADDITIONAL ❑❑ MAIERLE,INC. PLANNERS ry °NE TELEVISION ONES + OPEN SPACE ATE THIS P.U.D. BRIDGER PEAKS TOWN CENTER GAS" BURIED GAS LINE 2 FOUND QUARTER CORNER _ LIMITS OF DEDICATED RIGHT-OF-WAY FOR SINCE 1945 DEDICATED WITH THIS P.U.D. Aw.E'm.7�loyee-Ovmed Covn7w.ny ASPHALT EDGE ® FOUND PROPERTY PIN -, LIMITS OF RIGHT-OF-WAY TO BE GRANT CREEK PARTNERS P.O.Box 1113 901 Technology Blvd. Sc—,MT 59771 •Phone:(406)587-0721 Fee:(406)587-1176 x EXISTING FENCE LINE EXISTING OVERHEAD POWER ' DEDICATED WITH SUBSEQUENT PLATS TRACTS 4A AND 4B OF C.O.S 1215A POLE LIMITS OF GREENWAY EASEMENT REVISION DATE: ex x� E%ISITNG 24"SANITARY DEVELOPED PATH hl1S P.U.D. LOCATED IN THE NW 1/4 OF SEC. 1, REVISION DATE: SEWER MAIN EXISTING SANITARY SEWER DRAWN BY: JLL DATE: 2/17/98 ® MANHOLE s LIMITS OF GREENWAY EASEMENT T 2S, R 5E, P.M.M., CITY OF BOZEMAN, —ElI1ffi SEWER MAIN TING 12"SANITARY EXISTING FIRE HYDRANT " DEVELOPED WITH SUBSEQUENT PLATS GALLATIN COUNTY, MONTANA W IWM EXISTING 14"WATER CHECKED BY: KSB DRAWING NO.: 3121MSTR.DWG MAIN JOB NO.: 3121.001/030/0310 SHEET 1 OF 1 , j SUMMARY w i l,% i BRIDGE CONNECTION i SITE AREA: 20.7 ACRES BUILDING AREA: i i ® BUILDING TA" _ SAFEWAY 55,000 S.F. i A ® ! BUILDING B RETAIL SHOPS 6,500 S.F. MAJOR FUTURE CONNECTION BUILDING "C" — RETAIL 10,000 S.F. ac � I BUILDING "D" — MAJOR 25,000 S.F. _ BUILDING "E" — RETAIL SHOPS 4,900 S.F. w j _ _= I BUILDING "F" — RETAIL SHOPS 14,500 S.F. BUILDING "G" — RETAIL SHOPS 10,050 S.F. i TRUCK DOCK ® i BUILDING "J" — MAJOR 15,000 S.F. j ! , BUILDING "Ill — COMMERCIAL 6,000 S.F. SAFEEWAY j® BUILDING "L r — FOOD 5,600 S.F. C o BUILDING M — FOOD 2,400 S.F. 2 , I BUILDING "N" — FINANCIAL 3,000 S.F. i s w s -D' V� I CD a- j " - BUILDING P" — FOOD 4,500 S.F. B c' MA�oR 'F° '' % BUILDING "O" — TBA 6,500 S.F. ' . �o t'Ew Q TOTAL 168,950 S.F. - ® _ ,28i KING ES%;� — �I 9 PARKING PROVIDED Y -- - '�aE �% � i o 863 STALLS 000 S. i BUILDING/SITE RATIO: (INCL. GAS PARCEL) 18.7/ i GAS ® (NOT INCL. GAS PARCEL) 19.8% 50,000 S.F. NET _ ®� i (NOT INCL. GAS PARCEL OR R I F-7L,' = I 'N' 50' LANDSCAPE BUFFER) 22.7% __ __-- ---- - ---------------- I SIGNALIZED N FUTURE ®® i INTERSECTION SIGNALIZED ACCELERATION-7 INTERSECTION LANE DECELERATION LANE ENTRY CORRIDOR I g ` — PYLON SIGN_ _ _ _ _ LANDSCAPE - 50 NORTH 19TH AVENUE — — — — — — — � o ` s FEBRUARY 8, 1998 This site plan is not a representation, warranty or guarantee as to size,location o or identity of any Tenant,and the buildings,improvements,parking,ingress,and O 50' 100' 200' N egress are subject to such changes,additions and deletions as the architect, SITE PLAN landlord or any govermental agency may direcL My specific tenant referenced herein is subject to change,deletion,change of location,etc.,at any time without prior notice. "V ► 452 Eighth Avtxtie Suite BRIDGERx PEA 17 S TOWNCENTER Grant Creek PartnersL ! ► San Diego,CA 92p1 ARCHITECTURE Tel f6 3 (406) 523-5634 PLANNING Faxf69234-M BOZEMAN' MONTA A O COPYRIGHT FEHLWN LABARRE—ALL RIGHTS REST i i i DECLARATION OF CONSTRUCTION ' AND OPERATION COVENANTS AND RESTRICTIONS AND GRANT OF EASEMENTS (CC&R's) The above titled document will be a recorded encumbrance on all of the property to be developed as a shopping center. These CC&R's are an approximately fifty page comprehensive document that will"run with the land"and overlay all parcels to be created by the mapping procedure within the project's boundaries. This governing document will apply to any user within the subject project whether in a space that is just a leasehold interest in a shop building or a parcel of fee interest land purchased with the intent of building a freestanding building. Since it is the goal of the developer/owner to optimize the construction and subsequent operation of'the shopping center as an integrated project even though there might be multiple tenancies and ownerships within the project, it is necessary to establish certain covenants that, in perpetuity,will govern current and future architectural standards,tvpe of construction,use,operation and maintenance of the facilities comprising the project. All future tenants and/or parcel owners shall take occupancy or title subject to these Declarations which will be monitored and enforced by the ownership and management of the project. Two of the most significant Articles within this Declaration deal with automobile traffic and parking. Article ' 4.01 provides for"cross easement agreements"that permit traffic to cross freely from parcel to parcel irrespective of legal ownership. This allows for a natural circulation and flow of automobiles within the project. Also, since the parking fields of the project are designed in a cohesive fashion to alleviate ' congestion and provide convenience for the customer,Article 5.02 permits these automobiles to park wherever it is most convenient and logical,again,irrespective of ownership. Uses within a project as proposed need to be governed to provide for compatibility of the tenant mix and are ' much more restrictive than the overlaying zoning might dictate. Some of these restrictions are ider_tified in Article VI. Likewise, the ongoing property management of the project to keep it in a"first class condition" is of singular importance and requires the participation of all occupants whether leasehold or fee interest. ' Article 7.02 insures that the maintenance and operation of all facilities are required to meet specific standards established by this document and give the power to enforce such standards to the owner of the project and not just to those tenants that might own their own parcels. 1 Exhibit"G"of the Declaration establishes the Rules and Regulations in place that govern the day-to-day operation of the various businesses within the project. Advertising displays,trash,truck deliveries and hours of delivery are all regulated. The conduct of the tenants and their employees as well as the use of the common areas is governed. Disturbances and/or noise violations that prevent all occupants from"quiet enjoyment"are governed as is defacement of the property and unlawful gathering. ' All of the items covered within this Declaration are not meant to be restrictive or prohibitive but are intended to protect the interest of all project occupants and allow them to conduct their business in an atmosphere that is the most conducive to operating a successful business. Secondarily, these Declarations will provide for a project that will always maintain a"curb appeal"because of the focus on how the project is maintained and operated. DECLARATION OF CONSTRUCTION AND OPERATION COVENANTS AND RESTRICTIONS AND GRANT OF EASEMENTS Montana 1 TABLE OF CONTENTS RECITALS ARTICLE I - DEFINITIONS 1.01 Assessment Lien 1.02 Benefited Parcel 1.03 Building Area 1.04 Burdened Parcel ' 1.05 Common Area 1.06 Common.Area Maintenance Costs 1.07 Common Area Improvements 1.08 Conditions of Approval 1.09 Default Rate 1.10 Developer 1.11 Developer Stores 1.12 Environmental Laws 1.13 Floor area• 1.14 Grantee 1.15 Grantor 1.16 Hazardous Material 1.17 Lot 1.18 Mortgage; Mortgagee 1.19 Occupant 1.20 Outside Sales Area . 1.21 Parcel 1.22 Parcel Map 1.23 Parcel Owner 1.24 Parking Areas 1.25 Permittees ' 1.26 Person 1.27 Project Architect 1.28 Property ' 1.29 Rules & Regulations 1.30 Shopping Center 1.31 Site Plan ' 1.32 Store or Stores 1 GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 1 1 ARTICLE II - CONSTRUCTION OBLIGATIONS 2.01 Construction of Common Area Improvements 2.02 Construction of Developer Stores 2.03 Common Utilities ' 2.04 Construction of Other Stores 2.05 General Construction Requirements 2.06 Construction Along Common Boundary Line 2.07 Mechanic's or Construction Lien 2.05 Undeveloped Building Area rARTICLE III - SIGNS 3.01 Signs ARTICLE IV - EASEMENTS ' 4.01 Ingress, Egress and Parking 4.02 Utilities 4.03 Construction Maintenance and Reconstruction 4.04 Surface Drainage Easement 4.05 Restriction on Grant of Easement ' 4.06 Term and Limitation of Easements, Covenants and Conditions 4.07 Benefit and Burden to Run with the Land ARTICLE V - SHOPPING CENTER DEVELOPMENT RESTRICTIONS 5.01 General Restrictions ' 5.02 Parking Standards 5.03 Obstructions 5.04 Specific Limitations ' ARTICLE VI - USE RESTRICTIONS 6.01 Use in General 6.02 Generally Prohibited Uses 6.03 Noninterference With Common Area 6.04 Conditions of Approval 6.05 Rules and Regulations 6.06 Deliveries and Exterior Maintenance Work 6.07 Specific Use Restrictions 6.08 Additional Use Restrictions and Requirements ARTICLE VII - MAINTENANCE AND REPAIR 7.01 Utilities GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 2 i 7.02 Common Area Maintenance Obligation 7.03 Common Area Maintenance Costs 7.04 Payment of Common Area Maintenance Costs 7.05 Building Improvements 7.06 After-Hours Lighting ARTICLE VIII - DAMAGE TO IMPROVEMENTS 8.01 Restoration of Common Area 8.02 Restoration of Stores 8.03 Clearing of Premises ' ARTICLE IX - EMINENT DOMAIN i ARTICLE X - TAXES AND INSURANCE 10.01 Realty Taxes and Assessments 10.02 Indemnification . 10.03 Casualty Insurance and Restoration ' 10.04 Parcel Owners' Liability Insurance 10.05 Blanket Insurance 10.06 Release and Waiver of Subrogation- ARTICLE XI - ENVIRONMENTAL MATTERS ' 11.01 Duties of Parcel Owners 11.02 Specific Substances ' 11.03 Permitted Use, Storage, Handling and Disposal of Hazardous Materials ARTICLE XII - LIENS 12.01 Assessment Lien 12.02 Assessments as Personal Obligations 12.03 Superiority of Assessment Lien 12.04 Release of Assessment Lien 12.05 Litigation of Assessment Lien ARTICLE XIII - MISCELLANEOUS 13.01 Notices 13.02 Binding Effect 13.03 Breach Shall Not Permit Termination 13.04 Legal Action 13.05 Breach - Effect on Mortgagee and Right to Cure 13.06 Effect on Third Parties GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 3 1 13.07 No Partnership 13.08 Modification ' 13.09 Severability 13.10 Governing Law 13.11 Terminology; Captions 13.12 Counterparts 13.13 Consent 13.14 Estoppel Certificate 13.15 Not a Public Dedication . 13.16 Release 13.17 Time of Essence 13.18 Excuse for Nonperformance 13.19 Duration 13.20 Waiver of Default 13.21 Common Ownership SIGNATURE OF GRANT CREEK PARTNERS EXHIBITS EXHIBIT "A" Legal Description of Property EXHIBIT "B" Parcel Map EXHIBIT "C" Conditions of Approval EXHIBIT "D" Site Plan EXHIBIT "E" Building Elevations EXHIBIT "P" Sign Criteria EXHIBIT "G" Rules and Regulations EXHIBIT "H" Height Limitations GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 4 ' DECLARATION OF CONSTRUCTION AND OPERATION COVENANTS AND RESTRICTIONS 1 AND GRANT OF EASEMENTS , , Montana ' THIS DECLARATION OF CONSTRUCTION AND OPERATION COVENANTS AND RESTRICTIONS AND GRANT OF EASEMENTS (the "Declaration") is made on , 1998, by (referred to in this Declaration as ' "Developer"). RECITALS ' r i in I I A. All capitalized terms are defined i these Recitals or Article below and, except as otherwise noted, each definition applies where appropriate to the context, to the noun (singular and plural), adjective and verb forms of the defined term. References to "Articles" and "Exhibits" are to the corresponding parts of this Declaration. ' B. Developer is the owner of the real property located in the City of ("City'), County of ('County"), State of Montana ("State"), ' described in Exhibit "A" which is attached to this Declaration (the "Property') and shown on the map which is attached to this Declaration as Exhibit B (the "Parcel Map"). C. Developer desires to develop and operate the Property as a retail shopping center (the "Shopping Center') and, therefore, wishes to establish certain easements, covenants and restrictions on the Property and/or portions of the Property. ' D. In connection with the development of the Shopping Center or thereafter, Developer may further subdivide, sell, convey, lease or hypothecate all or portions of the ' Property. NOW, THEREFORE, in recognition that for the optimum development and operation ' of the Shopping Center as an integrated project, it is necessary that Developer establish certain covenants running with the land respecting certain matters, including but not limited to matters relating to the construction and maintenance of facilities on, and the use and restrictions on the use of, the Property. Developer declares that all Persons who acquire or occupy portions of the Property and the Shopping Center shall take subject to this Declaration in order that all development on the Property and the operation of the ' Shopping Center will be in conformity with this Declaration. Notwithstanding a conflict between the terms of this Declaration and the provisions of a particular agreement such as a tenant lease or other occupancy agreement between a Parcel Owner and its ' Occupant, (1) as among the Parcel Owners and their respective successors and assigns, this Declaration shall control over such an agreement, and (ii) all Occupants shall be bound by the terms of Articles I, 111, IV, V, VI and XI of this Declaration and the Rules and Regulations, if any, attached to this Declaration, except to the extent that the provisions contained in such Articles and Rules and Regulations indicate that the terms of an Occupant's lease may control. In all other respects, the terms of an Occupant's lease shall GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 5 control over any conflicting provision of this Declaration. ' ARTICLE DEFINITIONS ' 1.01 Assessment Lien. "Assessment Lien" is a lien placed on a defaulting Parcel Owner's Parcel for sums owing to Developer under the provisions of this Declaration. ' 1.02 Benefited Parcel. "Benefited Parcel" is any Parcel benefited by an easement, covenant, condition or restriction made or suffered by a Parcel Owner by the terms of this Declaration..Any such benefit shall run with the land in favor of the Parcel ' Owner(s) of the Benefited Parcel(s), and shall be enforceable as an appurtenant easement, covenant running with the land, and/or as an equitable servitude. ' 1.03 Building Area. "Building Area" is any portion of the Shopping Center within "building limit lines," as shown on the Site Plan. Building Area represents the only area ' within which Store buildings are permitted. The precise location of any Store within its Building Area is subject to Developer's prior approval. The proposed locations of Stores within their respective Building Areas are depicted on the Site Plan; however, the precise configuration of the Stores Is subject to change within the pertinent Building Area. Vertical ' improvements, other than pylon signs, monument signs and.trash enclosures, may be located only in a Building Area. Building canopies and other architectural treatments, loading docks and ramps, staging, storage and Outside Sales Areas, and `°'drive-thru"" areas may be located outside Building Areas if approved by Developer or if shown on the Site Plan as lying outside the Building Area. ' 1.04 Burdened Parcel. "Burdened Parcel" is any Parcel subject to and burdened by an easement, covenant, condition or restriction made or suffered by a Parcel Owner by the terms of this Declaration. Any such burden shall run with the land and bind all Parcel Owner's) of the Burdened Parcel(s) and shall be enforceable as an appurtenant easement, covenant running with the land and/or equitable servitude. ' 1.05 Common Area. "Common Area" is that portion of the Shopping Center intended for the nonexclusive use by all Parcel Owners, Occupants and Permittees, and shall include all areas of the Shopping Center, together with the Common Area Improvements constructed on the Property, other than (I) any area designated on the Site Plan as Building Area and/or actually occupied by building improvements and (ii) any ' loading dock, ramp, storage or staging area or ""drive-thru"" area utilized by a single Occupant. Following the development of a Store within its Building Area, the portion of such Building Area not actually used for vertical improvements or for a loading dock, ramp, ' storage or staging area, or`°'drive-thru"" area approved.by Developer shall be improved as and shall be deemed a part of the Common Area. All non-Building Areas on a Parcel (excluding any loading dock, ramp, storage or staging area utilized by a single Occupant) shall be improved as, and shall be deemed to be, Common Area for purposes of this Declaration. GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 6 ' 1.06 Common Area Maintenance Costs. "Common Area Maintenance Costs" are all expenditures, costs, premiums and expenses incurred by Developer during any ' given accounting period for maintenance, lighting and security, repair, or replacement of the Common Area, including, but not limited to, those items listed in Section 7.03. ' 1.07 Common Area Improvements. "Common Area Improvements" are the improvements depicted on the Site Plan as within the Common Area and the common utility.lines and systems to be constructed by Developer, all directional signs, Shopping ' Center identification signs including pylon or monument signs (excluding, however, any portion of such signage that relates to a particular Occupant), Parking Areas, curbs, sidewalks and any landscaped areas within the Common Area plus any other common ' facilities in and/or under the Shopping Center. 1 1.08 Conditions of Approval. "Conditions of Approval" are the conditions contained in the Montana Department of Health and Environmental Sciences Certificate of Subdivision Plat Approval which is attached to this Declaration as Exhibit "C", and incorporated into this Declaration, which are conditions to the creation of the Parcels ' comprising the Shopping Center and/or the City's development permits or approvals for the Shopping Center. ' 1.09 Default Rate. "Default Rate" is the lower of fifteen percent or a rate equal to six percent (6%) in excess.of the base rate on corporate loans posted by at least seventy- five percent of the nation's thirty largest Banks, as published by the Wall Street Journal. 1.10 Developer. "Developer" means the owner of Lot of ' During the initial development of the Shopping Center, the Developer will be 1.11 Developer Stores. "Developer Stores" are the multi-tenant buildings to be constructed by Developer within unspecified Building Areas located within the Shopping Center. ' 1.12 Environmental Laws. "Environmental Laws" are all present and future federal, state or local. laws, ordinances,. rules, regulations, decisions and other ' requirements of governmental authorities relating to the environment or to any Hazardous Material, including the following federal laws, as they may have been amended from time to time: The Comprehensive Environmental Response, Compensation and Liability Act, ' the Superfund Amendment and Reauthorization Act of 1986, the Resource Conservation and Recovery Act,'the Hazardous Materials Transportation Act, the Clean Water Act, the Clean Air Act, the Toxic Substances Control Act, the Safe Drinking Water Act, equivalent ' Montana statutes, and regulations adopted, published and/or promulgated pursuant to those laws. ' 1.13 Floor Area. "Floor Area" is the aggregate number of square feet of floor space, from time to time, of all floors in any structure, whether roofed or not, whether or not actually occupied, including basement areas, subterranean areas, mezzanines and 1 GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 7 ' upper-story floors (except as provided below) measured from the exterior faces or the exterior lines of the exterior walls (including basement walls) or, in those instances where ' a common wall exists, measured from the mid-point of any such common wall which an Occupant shares with another Occupant. The term "Floor Area" shall not include any bf the following: ' (a) the upper levels of any multi-deck stock areas created for convenience to increase the usability of space for stock purposes; (b) areas, whether physically separated or whether otherwise required by building codes, which are used exclusively to house building operating equipment ' not belonging to an Occupant and not exclusively serving a specific Occupant's premises such as building mechanical, electrical, telephone, telecommunications, and HVAC equipment; ' (c) all service areas, truck loading areas, truck parking, turn arourid and dock areas and ramps and any "drive-thru" areas; ' (d) all Common Areas; and ' (e) a Shopping Center management office. Within thirty (30{ days of opening its store for business each Parcel Owner's architect shall certify to Developer the amount of Floor Area applicable to each building on its Parcel. In addition, before the scheduled opening date of a Parcel Owners Store and within ninety (90) days after the actual date of opening of the Store, the Project Architect shall have the right to enter the Store for the purpose of measuring the Floor Area of the Store. A copy of the Floor Area calculation shall be provided to both Developer and Parcel Owner. If the Floor Area measurement obtained by the Parcel Owner is more than two ' percent (2%) less than the Project Architect's measurement, the Parcel Owner may elect to dispute the Project Architect's statement of Floor Area by providing Developer written ' notice of such deviation and providing Developer with a copy of the Parcel Owner's lower Floor Area measurement certified by the Parcel Owner's architect or engineer. If such a dispute arises, Developer and the Parcel Owner or their representatives shall meet and use their good faith efforts to agree on the proper measure of Floor Area for purposes of this Declaration. If such an agreement is not reached within thirty (30) days of the Parcel Owner's election to dispute the Project Architect's measurements, this matter shall be ' subject to arbitration by a neutral.architect or engineer selected by the Developer and the Parcel Owner; provided. However, that if either party refuses to reasonably cooperate with the selection of an arbitrator, or the commencement and the completion of the arbitration, ' the Floor Area measurement of the other party shall govern for purposes of this Declaration. All Floor Area measurements shall be made in conformity with the foregoing definition of Floor Area. If any Parcel Owner causes an as-built survey to be prepared with ' respect to any portion of the Shopping Center, such Parcel Owner shall furnish a copy of the survey to the other then-existing Parcel Owners for informational purposes only. ' GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS PAGE 8 ' During any period of rebuilding,- repairing, replacement, or reconstruction of a building, the Floor Area of that building shall be deemed to be the same as existed ' immediately prior to that period. Upon completion of the rebuilding, repairing, replacement, or reconstruction, the Parcel Owner upon whose Parcel the building is located shall cause a new determination of Floor Area for the building to be made in the manner described above, and the determination shall be provided to Developer. 1.14 Grantee. "Grantee" is any Parcel Owner(including Developer) of a Benefited Parcel in which Parcel's favor a Grantor has reserved or granted any easement, covenant, condition, or restriction, whether by a separate grant or conveyance or by virtue of taking title subject to this Declaration. ' 1.15 Grantor. "Grantor" is any Parcel Owner (including Developer) of a Burdened Parcel that is subject to any easement, covenant, condition, or restriction reserved or 1 granted, whether by a separate .grant or conveyance or by virtue of taking title subject to this Declaration. 1.16 Hazardous Material. "Hazardous Material" shall mean materials and substances defined as"hazardous substances,""hazardous materials,""hazardous waste," "toxic substances," including asbestos, polychlorinated biphenyls, petroleum (or petroleum fuel products), hydrocarbonic substances, and constituents of any of the foregoing, or other similar designations under any Environmental Laws or any regulations promulgated thereunder; and further, any substance or material which because of toxicity, corrosivity, ' reactivity, ignitability, carcinogenicity, magnification or concentration within biologic chains presents a demonstrated threat to biologic processes when discharged into the environment ' 1.17 Lot. See Section 1.21 below. ' 1.18 Mortgage and Mortgagee: The term "Mortgage" means (a) any mortgage, trust indenture, deed of trust, or contract for deed.on the interest, whether fee or leasehold, ' of a Parcel Owner in a Parcel and, to the extent applicable, a "sale and leaseback" or "assignment and subleaseback" transaction entered into for financing purposes. "Mortgagee" shall mean a mortgagee under a mortgage, the trustee and the beneficiary ' under a trust indenture or deed of trust, or the seller under a contract for deed, and to the extent applicable, a fee owner or lessor or sublessor of any Parcel which is the subject of a lease under which any Parcel Owner becomes a lessee in a so-called "sale and ' leaseback" or "assignment and subleaseback" transaction entered into for financing purposes. ' 1.19 Occupant. "Occupant' shall mean any Person from time to time entitled to the use and occupancy of any portion of a building in the Shopping Center under an ownership right or any lease, sublease, license, concession or other similar agreement. ' 1.20 Outside Sales Area. Any area used by an Occupant for temporary or permanent sales, display, customer service or seating and/or storage purposes, including ' GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 9 but not limited to patio areas, which areas are located outside of the structure of that Occupant's building. As set forth in Section 6.03, Outside Sales Areas are subject to ' Developer's approval. 1.21 Parcel. The terms "Parcel" and "Lot' are used interchangeably in this Declaration. A "Parcel" or"Lot" is any of the lots or tracts which comprise the Property until such time as one or more of such lots or tracts are re-subdivided into a different configuration of legal lots, or a new legal lot is added to the Property, or one or more of the existing lots or tracts are modified. Effective upon any such change or addition, "Lot(s)" or "Parcel(s)" shall mean the legal lots comprising the Property. ' 1.22 Parcel Map. "Parcel Map" is the map of the Property which is attached to this Declaration as Exhibit B. ' 1.23 Parcel Owner. "Parcel Owner" is the Person who owns the fee interest in a Parcel, unless the Parcel is subject to a contract or contracts for deed, in which case the "Parcel Owner" is the buyer under the most recent contract for deed. The identity of the Parcel Owner will be determined from the Official Records of the County Recorder, as of the date of the exercise-of powers or rights or the performance by such Parcel Owner of obligations created by this Declaration. Such reference shall include any Person designated in writing by the Parcel Owner to act in the manner and at the time provided herein with complete authority and in the place of such Parcel Owner in the matter for ' which action is taken, powers exercised, or performance required, provided such written authority shall be recorded in the Official Records of the County Recorder, and provided further that: ' (i) If the whole of the interest of any Parcel Owner in and to the Parcel in which such Parcel Owner has an interest is assigned, transferred, or conveyed, provided such Parcel Owner does not retain any beneficial interest other than under the terms of a contract for deed, trust indenture, deed of trust, or mortgage or without simultaneously acquiring a new interest by way of leasehold, life estate or other possessory interest, then the powers conferred upon such Parcel Owner shall be deemed assigned, transferred or conveyed and the obligations assumed with its interest; ' (ii) If the whole of the interest of a Parcel Owner in and to the Parcel in which it has a present interest is assigned, transferred or conveyed, but a new interest is created in such Parcel Owner simultaneously with the assignment, transfer or conveyance of such ' interest by way of leasehold or similar possessory arrangement, or in the event such Parcel Owner shall convey its interest in said Parcel or any part thereof by mortgage, trust indenture, deed of trust, or other security instrument as security for indebtedness, then ' none of the powers or obligations conferred upon such Parcel Owner shall be assigned, transferred, conveyed or released, but all of the powers and obligations referred to in this Declaration shall remain in such Parcel Owner so long as it retains any possessory interest ' in and to said Parcel other than as a beneficiary under the terms of a deed of trust or mortgage. In the event the interest of such Parcel Owners referred to in this subparagraph (ii) shall cease and terminate, then upon such termination the powers and/or obligations GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 10 of such Parcel Owner shall otherwise vest in accordance with the other provisions of this Section; and ' iii If a Parcel Owner transfers its resent interest in its Parcel or a portion of that ( ) P interest in such a manner as to vest its interest in its Parcel in more than one Person, then ' not less than fifty-one percent (51%) in interest of the transferees shall designate one of their number to act on behalf of all of the transferees in the exercise of the powers granted to the Parcel Owner under this Declaration. So long as the designation remains in effect, ' the designee shall be a Parcel Owner under this Declaration and shall have the power to bind such Parcel and such transferees, and such transferees shall not be deemed to be Parcel Owners. Any such designation must be in writing and served upon the other Parcel ' Owners hereto by registered or certified mail, and must be recorded in the Official Records of the County. In the absence of such written designation with respect to the exercise of the powers vested by this instrument, the acts of the Persons constituting Parcel Owner ' whose interest is so divided shall be binding upon all Persons having an interest in such Parcel until such time as written notice of such designation is given and recorded in the Official Records of the County. 1.24 Parking Areas. "Parkin Areas" are all vehicular parkin spaces driveways, and loading areas; and includes the areas shown as "Parking Areas" on the Site Plan plus any Building Area not used for Store improvements and designated as Parking Area by Developer. ' 1.25 Permittees. "Permittees" shall mean the Parcel Owners and all Occupants and their respective officers, directors, employees, agents, contractors, customers, ' vendors, suppliers, visitors, invitees, licensees and concessionaires insofar as their activities relate to the intended use of the Shopping Center. Among others, Persons engaging in the following activities on the Common Area will not be considered to be Permittees, except to the extent such activity is protected under the United States Constitution or the State Constitution as a free speech activity: (i) Exhibiting any placard, sign or notice; ' (ii) Distributing any circular, handbill, placard, or booklet; (iii) Soliciting membership or contributions in or for any organization; (iv) Parading, picketing or demonstrating; or ' (v) Failing to follow regulations relating to the use of the Shopping Center 1.26 Person. "Person" or "Persons" is any individuals, partnerships, firms, associations, joint ventures, corporations, limited liability company, or any other form of entity. ' 1.27 Project Architect. "Project Architect" is the licensed architect designated from time to time by Developer to render advice and to make judgments respecting the ' design of the Shopping Center. Initially, the Project Architect is Fehiman-Labarre, 452 Eighth Ave. Suite A, .San Diego, CA 92101. GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 11 ' 1.28 Property. "Property' is the real property described in Exhibit A, and any real property which may subsequently be made subject to this Declaration by amendment of this Declaration. This term is sometimes used interchangeably with the term "Shopping Center." 1.29 Rules and Regulations. "Rules and Regulations" are those rules and regulations adopted by Developer, from time to time,pertaining to the operation and use of the Common Area by all Parcel Owners, Occupants, and Permittees. 1.30 Shopping Center. "Shopping Center' shall mean the retail or commercial development and related Common Area on the Property. This term is sometimes used interchangeably with the term "Property." 1.31 Site Plan."Site Plan" is the site plan attached to this Declaration as Exhibit ' "D" and incorporated by this reference, as it may be amended from time to time by Developer. ' 1.32 Store or Stores. "Store or Stores" is any building located in an area of the Shopping Center designated on the Site Plan as Building Area. ARTICLE II CONSTRUCTION OBLIGATIONS 2.01 Construction of Common Area Improvements. Prior to the grand opening of the Shopping Center and subject to Sections 2.08 and 5.01(d), Developer shall construct, or cause to be constructed, the Common Area Improvements substantially as shown on the Site Plan. ' 2.02 Construction of Developer Stores. Prior to the grand opening of the Shopping Center, Developer shall construct, or cause to be constructed, the Developer Stores substantially as shown on the Site Plan and the elevationsattached to this Declaration as Exhibit "D" and "E". Stores to be located within the Building Areas on Parcels . may be commenced or completed after the grand opening date (see Section 2.08). 2.03 Common Utilities. Developer shall construct, or cause to be constructed, all common utilities required by the Developer Stores, and at a minimum Developer shall construct, or cause to be constructed, common utilities required by other Stores up to or within fifteen feet (16), but not within the boundaries, of each Building Area. Common utilities include, without limitation, the systems for storm drains, sanitary sewe , water (fire and domestic), natural gas, electricity, and telephone. 2.04 Construction of Other Stores. In order to maintain an architecturally ' compatible Shopping Center, the initial construction of all buildings in the Shopping Center (and any subsequent additions, alterations, exterior remodeling, or reconstruction of buildings in the Shopping Center) shall be performed only in accordance with approved ' GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS PAGE 12 plans for the work as provided in this Declaration. Prior to commencing such work, each constructing Parcel Owner shall submit to Developer detailed plans and specifications as ' to the exterior of the Store including exterior elevations, descriptions of colors and materials to be used, layouts and descriptions of exterior landscaping, exterior wall configurations, door and storefront configurations, canopies and overhangs, column ' locations, lighting fixtures, proposed roof plans, all surface drainage features, if any, and exterior sign dimensions, colors, treatments and locations. Developer shall either reasonably approve, disapprove, or make recommendations for change in such plans ' within thirty (30) days of receipt of the plans. After any disapproval or recommendation for change, the constructing Parcel Owner shall consult with Developer to establish approved plans for the exterior portion of the proposed work. If the Parcel Owner and Developer ' disagree after consultation, Developer's decision shall be final. Approval of such plans by the Developer shall not constitute assumption of responsibility for the accuracy, sufficiency, or appropriateness of the plans, nor shall approval constitute a representation or warranty ' that the plans comply with applicable laws. No material deviation shall be made from the approved plans without the prior written approval of the Developer. ' 2.05 General Construction Requirements. (a) Building Area. All Stores to be constructed by Parcel Owners may be located only within the Building Areas designated on the Site Plan for those Stores and if a maximum floor area designation for any building is shown on the Site Plan or imposed ' by Article 5 of this Declaration, the designation shall not be exceeded. (b) Compliance With Laws. All construction activities performed by a Parcel Owner within the Shopping Center shall be performed in compliance with all laws, rules, regulations, orders and ordinances of the city, county, state, and federal governments, or any department or agency thereof, affecting improvements constructed within the Shopping ' Center. (c) Interference. The construction activities of a Parcel Owner shall not: (i) cause any unreasonable increase in the cost of constructing improvements upon another Parcel Owner's Parcel; (ii) unreasonably interfere with construction work being performed on any other part of the Shopping Center; (iii) unreasonably interfere with the use, occupancy, or enjoyment of any part of the remainder of the Shopping Center by any other Parcel Owner, its occupants, ' or its Permittees; (iv) cause any other Parcel Owner to be in violation of any law, .rule, regulation, order, or ordinance of the City, County, State or federal government, or any department or agency of those governments. GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 13 ' (d) General Construction Indemnity. Each Parcel Owner shall defend, indemnify and hold harmless each other Parcel Owner from all claims, actions and t proceedings and costs incurred in connection therewith (including reasonable attorneys' fees and costs of suit) resulting from any accident, injury, loss, or damage whatsoever occurring to any Person or to the property of any Person arising out of or resulting from the performance of any construction activities performed or authorized by such indemnifying Parcel Owner. Any damage occurring to any portion of the Shopping Center as a result of such construction work shall be the responsibility of the Parcel Owner performing such construction work or causing such construction work to be performed and shall be repaired by such Parcel Owner, at such Parcel Owner's sole cost and expense, to the same condition as existed immediately prior to.such work promptly upon the completion of such ' construction work. (e) Staging Storage and Access Points. Prior to constructing, reconstructing, remodeling, or enlarging a building on its Parcel, a Parcel Owner shall give Developer at least thirty (30) days prior notice of the proposed location of any temporary staging and storage area. All storage of materials and the parking of construction vehicles, including ' vehicles of workers, shall occur on the portions of the Parking Area which are on or adjacent to the constructing Parcel Owner's Parcel, and which will not unreasonably interfere with access between that Parcel, the other areas of the Shopping Center, and the ' public streets or roadways adjacent to the Shopping Center. All laborers, suppliers. contractors and others connected with such construction activities shall use only the ' access points located upon the constructing Parcel Owners Parcel unless that Parcel has no access points to a public street, in which case such Persons shall only use the access points approved by Developer. If substantial work is to be performed, the constructing ' Parcel Owner shall fence off the temporary staging and storage area. Upon completion of the work, the constructing Parcel Owner shall restore the affected Common Area to a condition at least equal to that existing prior to commencement of the work. ' (f) Temporary License. Each Parcel Owner and its contractors, materialmen, and laborers shall have a temporary license for such access and passage over and across the ' Common Area as shall be reasonably necessary to construct and/or maintain improvements on the Parcel of such Parcel Owner; provided, however, that this license shall be in effect only during periods when actual construction and/or maintenance is being ' performed, and provided further that the use of this license shall not be exercised so as to unreasonably interfere with the use and/or operation of the Common Area by others. Any Parcel Owner availing itself of the temporary license shall promptly pay all costs and ' expenses associated with such work, shall diligently complete such work as quickly as possible, and shall promptly clean the area and restore the affected portion of the Common Area to a condition which is equal to or better than the condition which existed prior to the ' commencement of such work. (g) Construction Barricades. Once a Store has opened for business, construction ' of a Store within any Building Area within one hundred eighty feet (180') of an opened Store shall be screened from view by a barrier or fence of a type and height approved by Developer until completion of the construction in each case. GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 14 1 2.06 Construction Along Common Boundary Line. Any Parcel Owner constructing, repairing, or restoring a Store along a common property line between Parcels shall do so in a manner that does not result in damage to the improvements in place on the adjoining Parcel, and if applicable shall further undertake and assume at its sole cost the obligation of completing, repairing, reconstructing, and maintaining the nominal attachment (flashing and seal) of its building to that of the Store on the other Parcel, it being the intent of Developer to establish and maintain in these situations the appearance of one continuous building complex. ' 2.07 Mechanic's or Construction Lien. If, because of any act or omission (or alleged act or omission) of any Parcel Owner or its Occupant, or a contractor, employee ' or agent of either, any Mechanic's or construction lien is filed with respect to any portion of the Shopping Center (whether or not such lien is valid or enforceable as such), the Parcel Owner shall cause the lien to be discharged of record, or bonded, with respect to ' all portions of the Shopping Center not owned by that Parcel Owner, within thirty (30) days after it was filed; and the Parcel Owner shall indemnify and save harmless all Parcel Owners, all ground and underlying lessors, and all Mortgagees with respect to any portion ' of the Shopping Center against and from all costs, labilities, suits, penalties, claims, and demands, including reasonable attorneys' fees resulting therefrom. If the Parcel Owner ' fails to comply with these requirements, any other Parcel Owner shall have the option of discharging or bonding any such lien, and if such.option is exercised, the Parcel Owner which has the obligation under this Section to cause the discharge of the lien shall ' reimburse the Parcel Owner who discharged or bonded the lien for all costs, expenses, and other sums of money(including reasonable attomeys'fees) incurred in connection with the lien promptly upon demand, and the Parcel Owner which discharged or bonded the lien shall have all rights with respect to the amounts owed to it, including but not limited to its ' . rights under Article XII of this Declaration. ' 2.08 Undeveloped Building Area. Each area shown on the Site Plan as a Building Area which does not contain buildings as of the grand opening of the Shopping Center shall prior to the grand opening either be covered with an asphalt cap or minimally ' landscaped, until such time as the Parcel Owner of the undeveloped Parcel shall thereafter commence construction of buildings on that Parcel. Until that time, the undeveloped Building Area shall be deemed a part of the Common Area. Likewise, if a building is 1 subsequently razed and is not to be replaced immediately, until the building is replaced the Building Area shall be improved with an asphalt cap or as landscaped area. ' ARTICLE III SIGNS No exterior identification signs shall be allowed within the Shopping Center except as permitted by ' (i) the City and any applicable City ordinances or Shopping Center specific requirements, GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 15 ' (ii) the Shopping Center sign criteria attached hereto as Exhibit "F" (the "Sign Criteria"), and 1 (iii) to the extent the Sign Criteria require the exercise of discretion or judgment by Developer or its architect or a particular signage issue is not covered ' by the Sign Criteria, the Project Architect. ARTICLE IV ' EASEMENTS 4.01 Ingress, Egress and Parking. (a) Developer reserves for itself and grants ' to each Parcel Owner, for the benefit of each Parcel (the Benefited Parcel) and its Occupants, a nonexclusive easement on, over and through the Parking Area (the Burdened Parcel) for ' i vehicular access ingress and egress b Permittees from public streets at () � g 9 Y the location of the curb cuts shown on the Site Plan, passage of Permittees' ' vehicles over established circulation elements, and parking of Permittees' vehicles within designated parking stalls, and ' (ii) pedestrian access, ingress, egress, and.passage by Permittees. ' Each future Parcel Owner, by taking title to its Parcel subject to this Declaration, shall be deemed to have granted such easement with respect to the Parking Area on its Parcel to all other Parcel Owners and their Occupants. Such easement rights shall exist only during the term of this Declaration and shall be subject to the following reservations as well as ' other provisions contained in this Declaration: ' (b) Except for situations specifically provided for in the following subparagraphs, no fence or other barrier which would unreasonably prevent or obstruct the passage of pedestrian or vehicular travel for the purposes permitted by this Declaration shall be erected or permitted within or across the easement areas; provided, however, that the ' foregoing provisions shall not prohibit the installation of ' (i) convenience facilities (such as mailboxes, public telephones, benches, or public transportation shelters); ' (ii) photo kiosks, flower stands, or other retail uses which occupy less than two hundred square feet (200') each, and in the aggregate not more than 600. square feet, so long as the retail use is permitted by the City and is not prohibited ' by the Parcel Owner of the Parcel on which the retail use is erected or permitted or any lease between the Parcel Owner of that Parcel and a tenant of the Parcel Owner; ' (iii) landscaping, beams or planters; GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 16 1 ' (iv) limited curbing and other forms of traffic controls; or ' (v) Outside Sales Areas permitted by Developer pursuant to Section 6.03. (c) In connection with any construction, reconstruction, repair or maintenance ' on its Parcel, each Parcel Owner reserves the right to create a temporary staging and/or storage area in the Parking Area on or adjacent to its Parcel at a location which will not unreasonably interfere with access between its parcel, the other areas of the Shopping ' Center, and the public streets or roadways adjacent to the Shopping Center. (d) Developer reserves the right to close off a portion of the Common Area for such ' minimal, reasonable period of time as may be legally necessary, in the opinion of its counsel, to prevent the acquisition of prescriptive rights by anyone; provided, however, that prior to closing off any-portion of the Common Area, as provided for in this section, ' Developer shall give written notice to each other Parcel Owner of its intention to do so, and shall attempt to coordinate the closing with each other Parcel Owner so that no unreasonable interference in the passage of pedestrians or vehicles shall occur. ' e Developer reserves the right at an time and from time to time to exclude and ( ) P 9 Y restrain any Person who is not a Permittee from using the Common Area to the extent that ' such action can be lawfully taken. Developer also reserves the right to designate and enforce employee parking, as more particularly set forth in Paragraph B.4 of Exhibit "G" which is attached to this Declaration. ' 4.02 Utilities. (a) Developer reserves for itself and grants to each Parcel Owner for the benefit of each Parcel (the Benefited Parcel) and its Occupants a nonexclusive easement in, to, over, under, along, and across those portions of the Common Area (the Burdened Parcel) ' necessary for the installation, use, maintenance, relocation, and removal of utility lines or systems, including but not limited to sanitary sewers, storm drains, water (fire and ' domestic), gas, electrical, telephone, and communication lines. Each Parcel Owner, by taking title to its Parcel subject to this Declaration, shall be deemed to have granted such easement with respect to the Common Area on its Parcel to all other Parcel Owners and ' their Occupants, if any. This easement shall continue for the term of this Declaration and for so long afterwards as the easement is utilized for the above-described purposes. Except with respect to ground mounted electrical transformers at the rear of a building or ' as may be necessary during periods of construction, repair, or temporary service, all utilities shall be underground, unless required to be above ground by the utility providing the service, and to the extent practical shall be located along the perimeter of the Parcel ' and shall otherwise be located as to not unreasonably interfere with the use and enjoyment of the Parcel by the Parcel Owners or their Occupants. Prior to utilizing the easement and exercising the rights granted in this Section, the Grantee shall first provide the Grantor and ' Developer with a written statement describing the need for such easement and shall identify the proposed location of the utility line. Any Parcel Owner installing utilities pursuant to the provisions of this subparagraph shall pay all costs and expenses with GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 17 ' respect to installing the utilities, and shall cause all work in connection with the installation (including general clean-up and proper surface and/or subsurface restoration) to be completed as quickly as possible and in a manner so as to minimize interference with the use of the Common Area. The Grantee benefiting from a utility easement across another Parcel Owner's Parcel shall indemnify and hold harmless the Grantor from and against all ' demands, damage, claims, loss, liability, or expense in connection with the use, installation, maintenance and removal of the utility line. If any Parcel Owner elects to install common utilities, all costs and expenses of the common utilities may be set forth in a ' separate agreement between those cooperating Parcel Owners. (b) The initial location and width of any utility shall be subject to the prior written ' approval of the Grantor, which approval will not be unreasonably withheld. The easement area shall be no larger than whatever is necessary to reasonably satisfy the utility company for a public utility, or five feet (6) on each side of the centerline as to a private line. Upon ' request, the Grantee shall provide the Grantor with a copy of an as-built survey showing the location of the utility. The Grantor shall have the right at any time to relocate a utility line upon thirty (30) days' prior written notice to the Grantee, provided that the relocation: ' i no interfere with or diminish the utility services to the Grantee; .Oshall t ty ' (ii) shall not reduce or unreasonably impair the usefulness or function of the utility; ' (iii) shall be performed without cost or expense to the Grantee; ' (iv) shall be completed using materials and design standards which equal or exceed those originally used; (v) shall have been approved by the utility company and the appropriate governmental or quasi-governmental agencies having jurisdiction over the utility; and (vi) shall not unreasonably interfere with the Occupant's use of the Grantee's Parcel. Documentation of the relocated easement area shall be prepared at the G rantor's.expense and shall be accomplished as soon as possible. The Grantee shall have the right to require ' an as-built survey of the relocated utility to be delivered to it at the Grantor's expense. (c) The Parcel Owners shall each, to the extent necessary and to the extent the ' same shall not result in the loss of compensation otherwise obtainable from condemnation, join in the execution of such instruments.as may be required in order to effectuate the installation (subject to the restrictions contained in this Declaration) for the sole benefit of the Shopping Center or the Parcel Owners' Parcels of public utilities and similar easements under and across portions of their respective Parcels. GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 18 ' 4.03 Construction, Maintenance, and Reconstruction. ' (a) In order to accommodate any footings, foundations, columns, or walls which may be constructed or reconstructed immediately adjacent to a common boundary line and which may overlap that common boundary line, each Parcel Owner shall grant and, by ' taking title to its Parcel subject to this Declaration shall be deemed to have granted, to each adjacent Parcel Owner a nonexclusive easement in, to, over, under, and across that portion of its Parcel adjacent to the common boundary line in space not there-to-fore occupied by any then existing structure for the construction, maintenance, and replacement of subterranean footings to a maximum distance of five feet (6) onto the Grantor's Parcel and for the construction, replacement and maintenance of foundations, columns, or walls to a maximum distance of six inches (6") onto the Grantor's Parcel. The grant of easement shall include the reasonable right of access necessary to exercise and enjoy the grant. The easement shall continue in effect for the term of this Declaration and thereafter so long as ' the building utilizing the easement area exists (including a reasonable period to permit reconstruction or replacement of the building if it is destroyed, damaged, or demolished) and shall include the reasonable right of access necessary to exercise and enjoy the grant. (b) Prior to utilizing the easement right set forth in subparagraph (a) above, the Grantee shall advise the grantor Parcel Owner of its intention to use the easement, shall provide plans and specifications and proposed construction techniques for the improvements to be located within the easement area, and shall give the Grantor an ' opportunity to commence any construction activities which that Parcel Owner contemplates undertaking at approximately the same time to the end that each Parcel Owner involved shall be able to utilize subterranean construction techniques which will permit the placement above ground of a building on each Parcel immediately adjacent to the common ' boundary line. If a common subterranean construction element is used by the Parcel Owners, it is specifically understood that each shall assume and pay its reasonable share ' of the cost and expense of the initial construction, and so long as both Parcel Owners are benefiting from the common element, subsequent maintenance of the common element. If any building utilizing a common subterranean element is destroyed and not replaced or is removed, the common subterranean construction element shall be left in place for the benefit of any building utilizing the same element located on the adjoining Parcel. 4.04 Surface Drainage Easement. Developer reserves for itself and grants to ' each existing and future Parcel Owner for the benefit of each Parcel (the Benefited Parcel) a nonexclusive easement for surface drainage over the Common Area (the Burdened Parcel) through the drainage patterns and systems as are established from time to time ' within the Common Area of the Shopping Center. To the extent a Parcel Owner's Parcel includes Common Area, nothing in this Declaration shall prevent a Parcel Owner from relocating the drainage patterns and systems established upon that Parcel Owner's Parcel, provided the Parcel Owner first provides Developer with plans respecting the relocation and the relocation does not unreasonably interfere with the drainage of other Parcels within the Shopping Center nor interfere with the orderly discharge of water by means of the GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 19 1 ' drainage patterns and systems. By taking title subject to this Declaration, each Parcel Owner shall be deemed to have joined in this grant of easement. 4.05 Restriction on Grant of Easements. No Parcel Owner shall grant any easements over any land within the Shopping Center for the benefit of any land outside the Shopping Center; provided, however, that this section shall not prohibit the granting or ' dedicating of utility easements by a Parcel Owner on its Parcel to governmental or quasi-governmental authorities or to public utilities. ' 4.06 Term and Limitation of Easements, Covenants and Conditions. The easements referred to in Sections 4.01, 4.02, 4.03, 4.04 and 4.05 shall continue in favor ' of the respective Grantees for the term of this Declaration and for so long afterwards as each of the Grantees shall continuously utilize the easements. ' 4.07 Benefit and Burden to Run with the Land. The easements granted by this Article IV and all other covenants, conditions, and restrictions contained in this Declaration shall be deemed and construed to be covenants running with the land, which are for the benefit of the Benefited Parcel of the Grantee, which Parcel shall be the dominant estate, and which burden the Parcel on which such easement is located or as to which such covenant is appurtenant, which shall be the servient estate. ARTICLE V ' SHOPPING CENTER DEVELOPMENT RESTRICTIONS 5.01 General Restrictions. ' (a) No improvements may be built or maintained in the Common Area of,the Shopping Center other than (i) parking spaces, driveways, walkways, sidewalks, curbs, loading docks and ramps, service areas, trash receptacles, lights, signs, landscaping, and ' convenience facilities (such as mailboxes, public telephones, benches or public transportation shelters),.and improvements normally found in parking areas of shopping centers, and (ii) photo kiosks, flower stands, or other retail improvements which occupy less than two hundred square feet (200) each, and in the aggregate not more than 600 square feet (provided, however, such kiosk, stand or other retail improvement is permitted ' by City and is not prohibited by the Parcel Owner Of the subject Parcel nor by any lease between the Parcel Owner of the subject Parcel and a tenant of such Parcel Owner). ' (b) As to the areas designated on the Site Plan as "Building Area," the. Parcel Owner of those Building Areas shall be permitted to construct on those Building Areas, or cause to be constructed on those Building Areas, such buildings or structures, in the ' locations and with the heights, exterior configurations, and designs as Developer shall approve, so long as such improvements . ' (i) do not violate City imposed parking requirements for the Shopping Center, (ii) are built in accordance with all set-back, zoning and other ordinances of GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS PAGE 20 i ' the City, and (iii) do not exceed the maximum square footages or the maximum height permitted as designated on the Site Plan and/or set forth in this Declaration (see Section 5.04). I ' (c) Notwithstanding anything to the contrary contained in this Declaration, each Parcel Owner and Occupant, by taking title subject to this Declaration, hereby approves ! ' of the processing and recording by Developer of, and agrees to execute and acknowledge, an amendment to the Parcel Map (the "Amended Parcel Map") to reflect any changes or modifications to the Parcel Map which do not materially and adversely affect the use or ' development of the Parcel(s) of the Parcel Owner or directly or indirectly impose on the Parcel Owner or Occupants any greater obligations than those preciously agreed to by the Parcel Owner or Occupants: Each Parcel Owner agrees to execute and acknowledge an ' amendment to this Declaration, and each Occupant agrees to execute and acknowledge a subordination to this Declaration, as so amended, provided that the amendment reflects only the changes required for this Declaration to be consistent with the Amended Parcel ' Map. (d) Except to the extent Developer has agreed to greater restrictions in any lease ' with an Occupant or in any written agreement with another Parcel Owner, Developer may make changes in the Site Plan provided that ' (i) access to then-existing Stores is not impaired by the changes, (ii) the principal means of ingress and egress to the Shopping Center is not ' materially altered, and (iii) Developer complies with all applicable City parking requirements and in ' all events, complies with Section 5.02a) below. (e) At such time as Developer requests, each Parcel Owner shall execute an ' amendment to this Declaration to replace the Site Plan with an "as-built" Site Plan (the ."Amended Site Plan") to reflect the location and/or relocation of any of the Stores, the reconfiguration of the Common Area or any of the Parcels, and the improvements constructed on the Parcels. Except to the extent that an Occupant's lease conditions or limits its willingness to subordinate its lease to an Amended Site Plan, at such time as Developer requests, each Occupant shall execute a subordination to an Amended Site Plan. 5.02 Parking Standards. (a) Developer agrees that the Parking Areas will always contain at least that ' number of parking spaces for automobiles, and driveways and footways incidental to the parking spaces, as is necessary to comply with all City requirements, and that the Parking Areas will contain at least that number of parking spaces for every 1,000 square feet of GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 21 1 rFloor Area within the Shopping Center as is necessary to comply with all City requirements. ' (b) All persons shall use the available Parking Area in accordance with the applicable requirements of this Declaration and all reasonable rules and regulations which Developer shall adopt from time to time. (c) No person shall have an exclusive right to use any portion of the Parking Area unless Developer has approved of such exclusive use in its sole discretion. Unless ' required by law, no charge of any type shall be collected from any Permittees for parking, or the right to park vehicles in the Parking Area, except reimbursement of Common Area Maintenance Costs as may be provided in this Declaration or in any agreement with any ' Occupant (d) Each Parcel Owner shall cause the employees of all Occupants of its Parcel ' to park their automobiles in any employee parking areas designated by Developer (see Exhibit "G"). ' 5.03 Obstructions. Except as specifically depicted on the Site Plan or as may be approved in writing by the Developer, no fence, division, partition, rail, or obstruction of any type or kind shall ever be placed, kept, permitted, or maintained between the Parcels or ' between any subsequent division of the Parcels or upon or along any of the common property lines of any portion thereof except within the confines of the Building Area, and except as may be required at any time and from time to time in connection with the ' construction, maintenance, and repair of the Common Area or construction within a Building Area (see Section 2.05(e) and (g)). ' 5.04 Specific Limitations. (a) Building Heights. The heights of buildings in the Shopping Center shall not exceed those specified in Exhibit "H" which is attached to this Declaration. The height of any building shall be measured perpendicular from the finish grade of the Building Area to the top of the highest single portion of the building, including any screening parapet, penthouse, mechanical equipment, or similar appurtenance located on the roof of the building; the height of any structure shall be measured from its base to the highest single ' point (b) Grading. Any regrading of a Parcel shall require the prior written approval of ' Developer, which approval shall not be unreasonably withheld or delayed. ARTICLE VI ' USE RESTRICTIONS 6.01 Use in General. Except as provided below, the Parcels may only be used ' primarily for the sale of such goods, merchandise, and services as are commonly sold in first-class neighborhood or community shopping centers in the same geographic area as the Shopping Center, including, without limitation, financial institutions, brokerage offices, ' GRANT CREEK TOWN CENTER DECL 'PAGE 22 ARATION OF COVENANTS,' ' real estate services, travel agencies, insurance agencies, movie theaters, restaurants, gasoline service, general office, medical, dental, and gaming. ' 6.02 Generally Prohibited Uses. No use or operation will be made, conducted or permitted.on or with respect to all or any part of the Shopping Center, which use or ' operation is obnoxious to, or out of harmony with; the development or operation of a first-class shopping center, including but not limited to, the following: ' (a) Any public or private nuisance. (b) Any noise or sound that is objectionable due to intermittence, beat, ' frequency, shrillness, or loudness. (c) Any excessive quantity of dust, dirt, or fly ash; provided however, this ' prohibition shall not preclude the sale of soils, fertilizers, or other garden materials or building materials in containers if incident to the operation of a home improvement or other similar store. ' (d) Any fire, explosion, or other damaging or dangerous hazard, including the storage, display, or sale of explosives or fireworks. ( ) Any Ye assembl , manufacture, distillation, refining, smelting, agriculture, or mining operations.. ' f An mobile home or trailer court, labor camp, junkyard, stock yard, or animal ( ) Y P 1 kY raising. Notwithstanding the foregoing, pet shops shall be permitted within the Shopping Center. (g) Any drilling for and/or removal of subsurface substances. ' fgarbage or refuse other than in enclosed (h) Any dumping o , covered ' receptacles intended for that purpose. (i) Any automobile body and fender repair work, except within those Parcels to be designed specifically for such use and referred to in an amendment.to these covenants. (j) Any flea market, swap meet, second hand store or surplus store ' 6.03 Noninterference With Common Area. The Common Area is intended for the nonexclusive use by the Occupants and Permittees of the Shopping Center. Except ' for any Outside Sales Area approved by Developer in writing and any kiosk, stand or other retail improvements permitted by Section 5.01(a), in order to provide for the orderly development and operation of the Shopping Center, no Occupant shall be entitled to the ' use of any Outside Sales Area, and no Occupant shall display, store, or sell any merchandise or place portable signs or other objects outside the defined exterior walls, roof, and permanent doorways of its Store. Developer's approval of an Occupant's use of ' GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 23 Outside Sales Area may be conditioned,upon such Occupant's assumption of Common Area Maintenance Costs or maintenance duties related to that use. ' 6.04 Conditions of Approval. All operations and uses of the Shopping Center must comply with the Conditions of Approval attached to this Declaration as Exhibit "C," ' and such conditions are specifically incorporated into this Declaration by this reference. 6.05 Rules and Regulations. In the operation of the Common Area, Developer ' from time to time may adopt reasonable Rules and Regulations pertaining to the use of the Common Area by the Permittees of the Shopping Center and employee parking; provided that all such Rules and Regulations and other matters affecting the users of the Common ' Area (a) will apply equally and without discrimination to all Permittees, (b) comply with City ordinances, and (c) are otherwise consistent with this Declaration. Developer adopts the Rules and Regulations attached to this Declaration as Exhibit "G", until such.time as new ' Rules and Regulations shall be adopted by Developer. An amendment of such Rules and Regulations shall not be deemed to be, nor shall it require, an amendment to this ' Declaration. 6.06 Deliveries and Exterior Maintenance Work. No deliveries of merchandise or other supplies shall be made, and no maintenance work or repair on the exterior of any ' Store shall be performed between the hours of 10:00 p.m. and 7:00 a.m. each day. 6.07 Specific Use Restrictions. Purposely left blank. 1 6.08 Additional Use Restrictions and Requirements. In connection with Developer's transfer or conveyance of a Parcel, Developer reserves the right to impose ' such additional restrictions on operation or use requirements on the transferred Parcel or the Parcels Developer continues to own, which restrictions are consistent and not in conflict with Developers then-existing agreements, as may be agreed to by Developer and the subject Parcel Owner. ' ARTICLE VII . MAINTENANCE AND REPAIR 1 7.01 Utilities. (a) Developer shall replace, repair and maintain, or cause to be replaced, ' repaired and maintained, in a first-class condition all common utility lines and systems located on the Common Area, unless the same are dedicated to and accepted by a public or quasi-public utility or authority or are maintained by a utility company. Such costs of replacement, repair and maintenance, to the extent such costs are not covered by insurance proceeds, are to be included in Common Area Maintenance Costs, as discussed in Section 7.03. ' (b) Each Parcel Owner shall replace, repair, and maintain in first-class condition all utility facilities, lines, and systems located on its Parcel that serve only its Parcel unless GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 24 ' the same are dedicated to and accepted by a public or quasi-public utility or authority or are maintained by a utility company. ' (c) Any Parcel Owner who is the Grantee of a utility easement referred to in Section 4.02 (exclusive of an easement in which common utility lines and systems are ' located, which shall be maintained as part of the Common Area), shall maintain and repair at its cost any facilities installed pursuant to that easement which exclusively serve the Grantee's Parcel unless the facilities are granted or dedicated to and accepted by a utility ' or a governmental agency acceptable to the Grantor which agrees to maintain and replace the facilities. Any maintenance and repair of non-dedicated utilities located on the Grantor's Parcel shall be performed only after two (2) weeks' notice to the Grantor (except in an emergency the work may be initiated with reasonable notice) and shall be done after normal business hours whenever possible and shall otherwise be performed in such a manner as to cause as little disturbance in the use of the Grantor's Parcel as is practicable under the circumstances. Any Grantee performing or causing to be performed such maintenance or repair shall pay all expenses associated with the maintenance and repair, will diligently complete such work as quickly as possible, and will promptly clean the area ' and restore the affected portion of the Common Area to a condition equal to or better than the condition which existed prior to the commencement of the work. ' 7.02 Common Area Maintenance Obligation. (a) The minimum standard of maintenance for the Common Area Improvements ' shall be comparable to the standard of maintenance followed in other first-class retail developments of comparable size in the , Montana area and in any event in compliance with all applicable governmental laws, rules, regulations, orders, and ' ordinances, and the provisions of this Declaration. All Common Area Improvements shall be repaired or replaced with materials at least equal to the quality of the materials being repaired or replaced so as to maintain the architectural and aesthetic harmony and ' integration of the Shopping Center as a whole. In any event, the maintenance and repair obligation shall include but not be limited to the following: ' (i) Drive and Parking Areas. Maintaining all paved surfaces and curbs in a smooth and evenly covered condition, which maintenance work shall include, ' without limitation, cleaning, sweeping, snow removal, re-striping, repairing, resealing, and resurfacing. (For the purposes of this section, an overlay of the Parking Area shall be considered a repair or maintenance item.) ' (ii) Debris and Refuse. Periodic removal of all papers, debris, fifth, refuse, ice and snow, including sweeping to the extent necessary to keep the Common Area in a first-class, clean, and orderly condition. All sweeping shall be at appropriate intervals during such times as shall not interfere with the conduct of business or use of the Common Area by persons intending to conduct business with ' Occupants of the Shopping Center. (iii) Signs and Markers. Placing, cleaning, keeping in repair, replacing, and ' GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 25 1 ' repainting any appropriate directional signs or markers, including any handicapped parking signs, and any Shopping Center identification signage (excluding, however, ' any Occupant signage); (iv) Lighting. Operating (except after-hours lighting requirements - see ' Section 7.06), keeping in repair, cleaning, and replacing when necessary such Common Area lighting facilities as may be,reasonably required, including all lighting necessary or appropriate for Common Area security. v Landscaped Areas. Cleaning and maintaining (including any ( ) P 9 requirement as.may be imposed by the City to maintain landscape or to remove ' debris) all landscaped areas, landscaping, and planters adjacent to exterior walls of buildings, repairing automatic sprinkler systems .or water lines in the Common Area, irrigating, weeding, pruning, fertilizing, and replacing shrubs and other landscaping as necessary; provided, however, that if any Parcel Owner requires or installs "special' landscaping (i.e. beyond the standard landscaping requirements for the remainder of the Shopping Center)the maintenance and cost of such special ' landscaping shall be bome solely by such Parcel Owner without cost or expense to the other Parcel Owners and shall not be included in Common Area Maintenance ' Costs. (vi) Utilities. To the extent the same have not been dedicated to the public or any"public or private utility, maintaining, cleaning, and repairing any and all ' common storm drains, utility lines, sewers, and other utility systems and services located in the Common Area which are necessary for the operation of the Common Area, and the maintenance and replacement of the trunk line portion of utility lines serving the Building Areas. (vii) Obstructions. Keeping the Common Area free from any obstructions t including those caused by the sale or display of merchandise not otherwise permitted by this Declaration, unless the obstruction is permitted under the ' provisions of this Declaration. (viii) Sidewalks. Cleaning (including washing and/or steam cleaning), ' maintenance, and repair of all sidewalks, including those adjacent and contiguous to buildings located within the Shopping Center. Sidewalks shall be cleaned at appropriate intervals during such time as shall not interfere with the conduct of business or use of the Common Area. Notwithstanding the foregoing, any Occupant which is. permitted by Developer or by the terms of this Declaration to use any portion of the Common Area or the sidewalk areas adjacent to its Store for staging, ' storage, sales, promotional, marketing, customer service, or seating purposes shall keep that area in a neat and clean condition free of refuse and shall be responsible for any increase in Developer's cost of maintaining the Common Area as a result of such activities. (ix) Security Personnel. Providing professional security personnel for the GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 26 ' Common Area, if reasonably required. ' (x) Traffic. Supervision of traffic at entrances and exits to the Shopping Center and within the Shopping Center as conditions reasonably require in order to maintain an orderly and proper traffic flow. ' Notwithstandinganything to the contrary, each Parcel Owner shall maintain and Yt g rY repair, at its sole cost, in a clean, sightly and safe condition all of the following relating to ' its Parcel: any exterior shipping/receiving dock area, any truck ramp or truck parking area, any refuse, compactor or dumpster area, and any separate utility lines or any lateral utility ' lines extending to and from common trunk lines. (b) From and after the date upon which the Common Area or a functional portion of the Common Area of the Shopping Center is substantially completed, Developer shall maintain the Common Area or cause it to be maintained, in good order, condition, and repair. Developer shall have the right, from time to time, to select another person or persons to maintain the Common Area and delegate Developer's obligations with respect to the Common Area to such person(s). If Developer selects or delegates another person to maintain the Common Area, that person shall be a recognized professional commercial ' property management company. Developer may hire companies affiliated with it to perform the maintenance and operation of the Common Area, but only if the rates charged by such companies are competitive with those of other companies furnishing similar ' services in the , Montana area. 7.03 Common Area Maintenance Costs. Common Area Maintenance Costs shall ' include, without limitation, all expenditures, costs, premiums, and expenses for the following: (a) casualty and public liability insurance for the Common Area and improvements ' located on the Common Area, in the amounts and types set forth in Article X below, and payment of any deductible amount in the event of a claim; (b) repairs for any damage to the Common Area including, without limitation, the common utility lines and systems, to the extent that those costs are not covered by ' insurance proceeds; (c) all general maintenance and repairs with respect to the Common Area, whether ' required by the enactment or operation of law, or otherwise, including, without limitation, painting, re-striping, resurfacing, cleaning, sweeping, snow removal, and janitorial services; ' (d) maintenance, repair, and replacement as required, of the Common Area, including, without limitation, the common utility lines and systems, and Parking Areas; ' (e) operation, maintenance and repair of the Shopping Center identification monument signs and pylon signs (if any); provided, however, if a monument or pylon sign also identifies specific Occupants, the portion of the operation and maintenance costs GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 27 1 1 ' proportional to such those Occupants' share of the sign area shall be paid by those Occupants and shall not be a Common Area Maintenance Cost; (f) maintenance and repair of light standards, all plantings, sprinkler systems, landscaping, directional signs and other markers, and parking bumpers; (g) providing 'common common rubbish receptacles (including gates and enclosures) and removal service only for Permittees of the Shopping Center; ' (h) storage space for Common Area maintenance equipment and supplies; ' (i) expenses for personnel to implement such services including, if Developer in its sole judgment deems them reasonably necessary, the cost of security guards; ' 0) operation, maintenance, repair, and/or installation of any fire protection systems, security alarm systems, lighting systems, storm drainage systems, electrical systems, and any other utility systems serving the Common Area; ' (k) payroll, payroll taxes, health, and workers compensation insurance applicable to employees providing the aforementioned services rendered in connection ' with the Common Area; ' (1) any public utility or governmental charges, surcharges, and any other costs levied, assessed, or imposed pursuant to assessment districts, laws, statutes, regulations, codes, and ordinances promulgated under or created by any governmental or quasi-govemmental authority in connection with the development of the Shopping Center ' or the use of the Common Area; ' (m) necessary tools and supplies; (n) depreciation on maintenance and operating machinery and equipment (if ' owned) and rental paid for such machinery and equipment (if rented); provided, however, that if Developer depreciates any particular machine or piece of equipment or establishes reserves in anticipation of the replacement of that machine or piece of equipment, the ' aggregate amount of the depreciation and reserves with respect to that particular machine or piece of equipment shall be applied by Developer against the cost of replacing that machine and/or piece of equipment, at the time the machine or piece of equipment is ' replaced; (o) other costs and fees necessary or beneficial, in Developer's reasonable ' judgment, for the maintenance and operation of the Common Area, including the cost of enforcing the terms of this Declaration applicable to the Common Area; and ' (p). an allowance or fee for supervision of the Common Area in an amount equal to 15% of the total of all Common Area Maintenance Costs exclusive of this supervision allowance or fee. GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 28 � 1 To the extent feasible, as determined by Developer in Developers sole discretion, from an accounting and operational perspective, as determined by Developer in Developer's sole ' discretion, Developer shall attempt to separately account for Common Area Maintenance Costs on a Parcel-by-Parcel basis. ' 7.04 Payment of Common Area Maintenance Costs. Common Area Maintenance Costs shall not include any costs of the initial construction of the Common Area Improvements. After the initial construction of the Common Area Improvements, the ' Common Area Maintenance Costs shall be paid to Developer by each other Parcel Owner as follows: ' (a) Each other Parcel Owner shall pay to Developer, on the first day of each calendar month, an amount reasonably estimated by Developer to be one twelfth (1/12) of that Parcel Owner's share of the annual Common Area Maintenance Costs (which ' estimate, except for the first calendar year, shall be based on the prior years expenses and reasonably anticipated changes in cost). A Parcel Owner's share of Common Area Maintenance Costs during any applicable monthly, quarterly or annual accounting period ' shall be the total Common Area Maintenance Costs incurred during that period multiplied by the quotient arrived at by dividing the number of square feet of Floor Area located on ' that Parcel Owners Parcel by the total number of square feet of Floor Area which has been completed in the Shopping Center. This estimated monthly charge may be adjusted by Developer at the end of any calendar quarter on the basis of Developers experience and ' reasonably anticipated costs. (b) Within a reasonable time following the end of each calendar year, Developer shall furnish to each Parcel Owner a statement covering the calendar year just expired ' showing the total of the Common Area Maintenance Costs, the amount of each Parcel Owner's share of the Common Area Maintenance Costs for that calendar year, and the payments made by each Parcel Owner with respect to that calendar year as set forth in subparagraph (a) above. Parcel Owners shall have the right to audit any such statements in accordance with subparagraph (e) below. If a Parcel Owner's share of the Common ' Area Maintenance Costs exceeds that Parcel Owner's payments, the Parcel Owner shall pay to Developer the deficiency within ten (10) days after receipt of the statement. If the payments exceed that Parcel Owners share of the Common Area Maintenance Costs, the ' Parcel Owner shall be entitled to offset the excess against the next payments which become due to Developer as set forth in subparagraph (a) above; (c) Payment of any Common Area Maintenance Costs owed to Developer under this ' Declaration which is more than ten (10) days past due shall be subject to a late payment penalty of ten percent (10%). In addition, for as long as the amounts owed to Developer ' remain unpaid, those unpaid amounts shall bear interest at the Default Rate. Any such penalties or interest which are paid by the. delinquent Parcel Owner or Owners shall be placed in a fund which shall be established and controlled by Developer and shall be ' utilized by Developer to pay for un-recovered costs associated with the operation of the Common Area in accordance with this Declaration. Each Parcel Owner acknowledges that the late payment of any monthly installment will cause Developer.to incur certain costs and GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 29 ' expenses not otherwise contemplated, the exact amount of which is extremely difficult and impractical to fix. Those costs and expenses will include, without limitation, administrative ' and collection costs, processing and accounting expenses, and other costs and expenses necessary and incidental to those costs and expenses. It is, therefore, agreed that this late charge represents a reasonable estimate of those costs and expenses and is fair ' compensation to Developer for its loss suffered by the Parcel Owner's nonpayment. The late charge provisions contained in this section are in addition to and do not diminish or represent a substitute for any or all of Developer's other rights to enforce the provisions of ' this Declaration. (d) Within six (6) months after receipt of any Common Area Expense statement, ' any Parcel Owner may audit that statement. If it is determined as a result of an audit that the auditing Parcel Owner has paid in excess of the amount required pursuant to this Declaration, then the overpayment shall be credited toward the next installment that would otherwise be due from the Parcel Owner. In addition, if the Parcel Owner paid more than five percent (5%) over the amount that the Parcel Owner should have paid (as determined by the approved audit), then the Developer shall pay all of the auditing Parcel Owner's reasonable costs and expenses connected with the audit. (e) Notwithstanding anything contained in this Declaration to the contrary and ' without in any way modifying or limiting a Parcel Owner's obligations under this Declaration, each Parcel Owner may enter into agreements with its Occupants pursuant to which the Occupants are obligated to reimburse the Parcel Owner for some or all ' Common Area Maintenance Costs allocable to the Parcel and/or other expenses related to the operation and maintenance of the Common Area on terms which are more or less favorable than the terms of this Declaration with respect to that Parcel Owner's payment of its share of Common Area Maintenance Costs. If the agreement is entered into on less favorable terms, subject to the immediately following sentence, the Parcel Owner will make up the shortfall. Likewise; in connection with the transfer or conveyance of a Parcel, Developer may enter into an agreement with the respective Parcel Owner pursuant to which the Parcel Owner is obligated to reimburse Developer for some or all Common Area ' Maintenance Costs allocable to the subject Parcel and/or other expenses related to the . operation and maintenance of the Common Area on terms which are more or less favorable than the terms of this Declaration with respect to that Parcel Owner's payment ' of its share of Common Area Maintenance Costs. If the agreement is entered into on less favorable terms, Developer shall assume the shortfall. ' 7.05 Building Improvements. After completion of construction on its Parcel, each Parcel Owner or its Occupant shall, at its sole cost and expense, maintain and keep its Store and building improvements (including loading docks, service areas and the like), if ' any, located on its Parcel in first-class, good, clean condition and state of repair, in compliance with all governmental laws, rules, regulations, orders, and ordinances exercising jurisdiction over them, and in compliance with the provisions of this Declaration. ' Each Parcel Owner or its Occupant shall store all trash and garbage in adequate containers, will locate those containers so that they are not readily visible from the parking area, and will arrange for regular removal of the trash or garbage. If a Parcel Owner or its ' GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 30 ' Occupant fails to comply with Section 7.05, then Developer shall have the right to give the defaulting Parcel Owner written notice of the default, specifying the particulars of the ' default. If the Parcel Owner which receives the notice fails to cure the default within thirty (30) days after its receipt of the notice, or if the nature of the default is such that it cannot be reasonably cured within a thirty (30) day period and the Parcel Owner does not ' commence to cure the default within the thirty.(30) day period and thereafter diligently pursue the cure to completion, then Developer may cure the default and then bill the defaulting Parcel Owner for the expense incurred. If the defaulting Parcel Owner does not ' pay the bill within fifteen. (15) days, Developer shall have all rights with respect to the bill as are provided for in Article XII. ' 7.06 After-Hours Lighting. If any Occupant's use of its Parcel requires Common Area lighting one half hour beyond the normal hours of the Shopping Center (as ' reasonably determined by Developer), that Occupant shall be responsible for the cost of operating the Common Area lighting on its. Parcel and any other Parcel which it elects to have lighted after the normal hours, and the expense shall not be a Common Area ' Maintenance Cost. ARTICLE VIII DAMAGE TO IMPROVEMENTS 8.01 Restoration of Common Area. If any of the Common Area Improvements are ' damaged or destroyed, whether insured or uninsured, Developer shall restore,*repair, or rebuild those Common Area Improvements with all due diligence as nearly as possible to at least as good a condition as they were in immediately prior to the damage or destruction. ' Any cost of the restoration, repair, or rebuilding which is not reimbursed by insurance shall be a Common Area Maintenance Cost. ' 8.02 Restoration of Stores. If the Store(s) on a Parcel Owner's Parcel are damaged or destroyed, that Parcel Owner may, but shall not be obligated by this Declaration to, restore and reconstruct those Store(s) within the final configuration of the Building Areas within that Parcel Owner's Parcel. If a Parcel Owner elects tc reconstruct the Store(s) on its Parcel, those Stores shall be restored to a condition as good as immediately prior to the damage or destruction, and all restoration and reconstruction shall ' be performed in accordance with the following requirements, as those requirements are applicable to the restoration and reconstruction: ' (a) No restoration or reconstruction work shall be commenced unless the Parcel Owner desiring to perform the work has in each instance complied with the appropriate provisions of Article II with respect to plan approval. 1 ' (b) All restoration and reconstruction work shall be performed in a good and workmanlike manner and shall conform to and comply with: 1 . GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 31 i The plans and specifications approved pursuant to Article II; ( ) P P PP ' (ii) All applicable requirements of laws, codes, regulations and rules; and (iii) All applicable requirements of this Declaration. ' (c) All restoration and reconstruction work shall be completed with due diligence, and at the sole cost and expense of the Parcel Owner performing the work. ' 8.03 Clearing of Premises. Whenever a Parcel Owner elects not to restore, repair or rebuild a Store that has been damaged or destroyed, that Parcel Owner, at its sole cost ' and expense,,shall raze the Store, or the parts of the Store which has been damaged or destroyed, shall clear the premises of all debris, and all areas not restored to their original use shall, at the expense of the Parcel Owner, be leveled, cleared, and improved with, at the option of the Parcel Owner, either landscaping or parking area, of like standard and design as the Common Area of the Shopping Center. Although no transfer of ownership ' shall be deemed to have occurred as a result of the Parcel Owner's election not to restore its Store, if the area is converted to landscaped area or Parking Area, the area shall be treated as Common Area and shall be maintained and insured by Developer as Common ' Area; however, the Parcel Owner shall reimburse Developer for the maintenance and insurance costs which are fairly allocated to the area and those costs shall not be Common Area Maintenance Costs. ' ARTICLE IX EMINENT DOMAIN ' If any.part of the Shopping Center, including the Common Area, shall be taken by eminent domain or any other similar authority of law, the entire award for value of the land and improvements so taken shall belong to the Parcel Owner whose property was so taken or its Occupants, as their interests may appear or as the Parcel Owner and Occupants have agreed to in the Occupant's lease, and the other Parcel Owner(s) shall not claim any portion of the award by virtue of any interests created by this Declaration. However, the ' other Parcel Owner(s) may file a claim with the condemning authority over and above the value of the property so taken to the extent of any damage suffered by those Parcel ' Owner(s) resulting from the severance of the area taken. The Parcel Owner whose property was condemned shall promptly repair and restore in accordance with this Declaration the remaining portion of its Parcel as nearly as practicable to the condition ' existing just prior to the condemnation without contribution from the other Parcel Owner(s); provided, however, that if (a) a portion of a Parcel Owner's Building Area (which for. purposes of this Paragraph shall include loading docks, trash storage areas, ramps and ' canopies) or (b) a portion of the Parking Areas which, in the Parcel Owner's judgment, reasonably exercised, materially impairs that Parcel Owner's or its Occupants' operations, is taken by condemnation, then the Parcel Owner whose operations are so materially ' impaired may elect, within sixty (60) days of the date of the taking by the condemning authority, by written notice to the other Parcel Owner(s), to terminate this Declaration as to the Parcel so materially impaired; provided, further, however, that in the event the taking 1 GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 32 ' is so substantial that the operation of the entire Shopping Center is materially impaired, this Declaration shall be terminated in its entirety. ' ARTICLE X TAXES AND INSURANCE I ' 10.01 Realty Taxes and Assessments. In addition to each Parcel Owner's payment of its share of real estate taxes and assessments. on the Common Area as ' provided in Article VII, each Parcel Owner shall pay, or cause to be paid by that Parcel Owner's Occupants when due, all real estate taxes and assessments which may be levied, assessed, or charged by any public authority against that Parcel Owner's Parcel, the ' improvements on that Parcel, or any other part of that Parcel. If a Parcel Owner shall deem any real estate tax or assessment (including the rate thereof or the assessed valuation of the property) to be excessive or illegal, that Parcel Owner shall have the right, at its own j ' costs and expense, to contest the tax or assessment by appropriate proceedings, and nothing contained in this section shall require the Parcel Owner to pay the real estate tax or assessment as long as (a) no other Parcel Owner's Parcel would be immediately ' affected by the failure to pay (or bond) the tax or assessment; and (b) the amount or validity of the tax or assessment shall be contested in good faith. If the failure.to pay (or bond) the tax or assessment would affect another Parcel Owner's Parcel, that other Parcel ' Owner shall have the right to pay the tax and shall have a lien on the nonpaying Parcel Owner's Parcel for the amount so paid until reimbursed for the payment. The lien shall be ' subject to and junior to, and shall in no way impair or defeat the interest, lien, or charge of any Mortgagee or Occupant. 10.02 Indemnification. Developer or any other person who operates and maintains the Common Area shall indemnify, defend, and save the other Parcel Owners harmless from and against any and all demands, liability, damage, expense, cause of action, suit, ' claims, and judgments, including reasonable attorneys' fees, arising from injury or death to person or damage to property that occurs as a result of that person's operation and maintenance of the Common Area except to the extent that the injury, death, or damage is caused by the indemnified Parcel Owner's negligence or willful act or omission. In ' addition, each Parcel Owner shall indemnify, defend, and save the other Parcel Owners harmless from and against any and all demands, liability, damages, expenses, causes of ' action, suits, claims, and judgments, including reasonable attorney's fees, arising from injury or death to person or damage to property that occurs as a result of the use or operation of the indemnifying Parcel Owner's Parcel, except to the extent that the injury, ' death or damage is caused by the indemnified Parcel Owner's negligence or willful act or omission; provided, however, indemnification under this sentence shall not be required where the claim or loss underlying an indemnitee's request for indemnity is (i) required to ' be indemnified against pursuant to the immediately preceding sentence, (ii) is insured against by the insurance required to be maintained by the Developer covering the Common Area in accordance with Section 10.4 or (iii) is insured against by the insurance required to be maintained by the indemnitee with respect to the use and operation of the Stores on the indemnitee's Parcel in accordance with Section 10.4. ' GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS PAGE 33 ' 10.03 Casualty Insurance and Restoration. (a) Developer, as respects the improvements on its Parcels and as respects all of the Common Area Improvements, will carry or cause to be carried, casualty insurance in an amount equal to 90% of the full replacement cost (exclusive of the cost of excavation, foundations and footings) of those buildings and improvements for the risks covered within the classification of "all-risk" coverage, excluding coverage against earthquake and flood unless the cost of the that coverage is, in Developer's business judgment, economically reasonable. The insurance shall be carried with a financially responsible insurance company or companies. The insurance shall provide that the policies may not be canceled, reduced, or materially amended without at least thirty (30) days prior written notice being ' given by the insurer to the other Parcel Owners. To the extent Developer is causing the insurance to be carried by an Occupant who has ground leased premises in the Shopping Center and who has developed its Store substantially at its own cost and expense, Developer may agree to a reduced insurance obligation for that Occupant near the end of that Occupant's lease term. ' (b) Each other Parcel Owner, as respects the building improvements on its Parcel (excluding Common Area Improvements on its Parcel), will carry or cause to be carried "all-risk" casualty insurance, excluding coverage against earthquake and flood ' unless the cost of the same is, in the Parcel Owner's business judgment, reasonably exercised, economically reasonable. The insurance shall be in an amount equal to 90% of the full replacement cost (exclusive of the cost of excavation, foundations and footings ' of the Store). The insurance shall be carried with a financially responsible insurance company or companies. The insurance shall contain a provision that it may not be canceled, reduced or materially amended without at least thirty (30) days written notice ' being given by the insurer to the other Parcel Owners. ' 10.04 Parcel Owners' Liability Insurance. Each Parcel Owner shall, severally, at all times during the term of this Declaration, maintain or cause to be maintained by its Occupant in full force and effect a comprehensive occurrence public liability insurance policy covering the use and operation of Stores (and other structures, if applicable) on its ' Parcel (and, as to Developer, covering the use and operation of all of the Common Area), with a financially responsible insurance company or companies, including coverage for any accident resulting in bodily injury to or death of any person and consequential damages arising therefrom, and comprehensive property damage insurance, each in an amount not less than $3,000,000 per occurrence or, as to an Occupant of a Developer owned Parcel and as to a Parcel Owner other than Developer, such lesser amount as may be agreed to by Developer. Developer's public liability policy with respect to the Common Area shall name each other Parcel Owner as an additional named insured and each public liability policy with respect to the use and operation of the Stores on a Parcel Owner's Parcel shall name Developer and each other Parcel Owner as an additional named insured. Developer's public liability policy with respect to the Common Area and each Parcel ' Owner's public liability policy with respect to the Stores on its Parcel shall also include a contractual liability endorsement in an amount not less than the amount of the above--described comprehensive public liability policy to insure their respective indemnities GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 34 ' set forth in Section 10.02. Each Parcel Owner shall furnish to each other Parcel Owner which requests proof of insurance in writing, evidence that the insurance referred to in this ' Section is in full force and effect and that the premiums for the policy have been paid. The insurance shall provide that it may not be canceled, reduced below the required minimum or materially amended without at least thirty (30) days prior written notice being given by ' the insurer to all other Parcel Owners. 10.05 Blanket Insurance. Any insurance required to be carried pursuant to this ' Article may be carried under a policy or policies covering other liabilities and locations of a Parcel Owner: provided, however, that the policy or polices must apply to the properties required to be insured by this Article in an amount not less than'the amount of insurance ' required to be carried by the Parcel Owner with respect to the Parcel, pursuant to this Article. 10.06 Release and Waiver of Subrogation. Each Parcel Owner hereby releases and waives for itself, and to the extent legally possible for it to do so, on behalf of its insurer, each of the other Parcel Owners from any liability for any loss or damage to its ' property located upon the Shopping Center, which loss or damage is of the type covered by the"all-risk"casualty insurance described in this Article X, irrespective of any negligence on the part of the other Parcel Owner which may have contributed to or caused such loss. ' Each Parcel Owner covenants that it will, if generally available in the insurance industry, obtain for the benefit of the other Parcel Owners an express waiver of any right of subrogation which the insurer of that Parcel Owner may acquire against the other Parcel ' Owner by virtue of the payment of any such loss covered by the insurance. ' If any Parcel Owner is by law, statute, or governmental regulation unable to obtain a waiver of the right of subrogation for the benefit of another Parcel Owner, then, during any period of time when a waiver of subrogation is unobtainable, the Parcel Owner shall be deemed not to have released any surrogated claim of its insurance carrier against the ' other Parcel Owner, and during the same period of time the other Parcel Owner shall be deemed not to have released the Parcel Owner who has been unable to obtain a waiver ' of subrogation from any claims they or their insurance carriers may assert which otherwise would have been released pursuant to this Section. ' ARTICLE XI ENVIRONMENTAL MATTERS ' 11.01 Duties of Parcel Owners. Except as provided in Section 11.03, neither Parcel Owners nor Occupants shall release, generate, treat, use, store, dump, transport, handle, or dispose of any Hazardous Material within the Parcels or otherwise permit the presence of any Hazardous Material on, under, or about the Parcels or transport any Hazardous Material to or from the Parcels. Any such use, handling or storage permitted under Section 11.03 shall be in accordance with all Environmental Laws and all other applicable laws, ordinances, rules, and.regulations now or hereafter promulgated by any governmental authority having jurisdiction thereof. Neither Parcel Owners nor Occupants shall install, operate or maintain any above, below, or at grade tank, sump, pit, pond, ' GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS PAGE 35 ' on other s r device on or about the Parcels with e lagoon, or o storage or treatment vessel o P th th exception of gasoline, diesel and/or oil underground storage tanks or other storage devices ' or containers utilized in connection with an automobile gasoline and/or service station provided that such use is permitted in the Shopping Center, and further provided that the operator of the service station has obtained .Developer's consent to the underground ' storage tanks or other storage devices or containers pursuant to last paragraph of Section 11.03 of this Declaration. ' 11.02 Specific Construction Materials. No Parcel Owner or Occupant shall introduce, or permit any other Person to introduce, any friable asbestos, radioactive ' material, urea formaldehyde foam insulation, or devices containing polychlorinated biphenyls (PCBs) into any portion of the Shopping Center. ' 11.03 Permitted Use,Storage, Handling, and Disposal of Hazardous Materials. Notwithstanding anything contained in Section 11.01 to the contrary, incident to the normal operation of motor vehicles within the Parking Areas, the Parcel Owners and their ' Occupants and Permittees may utilize gasoline and petroleum products used to fuel and/or lubricate motor vehicles. In addition, notwithstanding anything contained in Section 11.01 to the contrary, the Parcel Owners or their Occupants may utilize cleaning products and sell and otherwise merchandise products, which may contain Hazardous Materials, so long as those products are commonly utilized for maintenance purposes or merchandised in other first-class shopping centers, and so long as those products are safely handled and stored in compliance with applicable laws. A Parcel Owner or its Occupants may also use other Hazardous Materials in ' connection with its use of its Parcel if the Parcel Owner has received Developer's prior consent to the use. Developer shall not unreasonably withhold or delay its consent provided (i) the Parcel Owner or Occupant demonstrates to Developer's reasonable ' satisfaction that the Hazardous Materials (a) are necessary or useful to the Parcel Owner's or Occupant's business, (b) will be monitored, used, stored, handled, and disposed of in compliance with all Environmental Laws, (c) will not endanger any persons or property, (d) ' are consistent with and normally found in first-class retail establishments, and (e) will not-, invalidate or limit the coverage or increase the premiums of any insurance policy effecting or covering the Store, the Parcel, or the Shopping Center; (ii) such use is not prohibited by ' Article VI of this Declaration; (iii) the Parcel Owner or Occupant provides Developer with such security as may be reasonably required by Developer; and (iv) the Parcel Owner or Occupant satisfies any other requirements Developer may reasonably impose with respect to the Parcel Owner's or Occupant's use of the Hazardous Materials. ARTICLE XII LIENS 12.01 Assessment Lien. If any sum of money payable by any Parcel Owner ' pursuant to any provision of this Declaration to any other Parcel Owner is not paid when due, and after the defaulting Parcel Owner has been notified in writing of the default and the expiration of any applicable grace period set forth in this Declaration, or a reasonable GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 36 1 ' period of time not to exceed thirty (30) days if there is no express grace period, the Person to whom the sums are owing shall have the right to record, in the office where documents ' are to be recorded, a notice of Assessment Lien ("Notice of Assessment Lien") which shall set forth the then-delinquent amount owed by the defaulting Parcel Owner pertaining to any Parcel (including, if applicable, interest at the Default Rate) and a legal description of the ' Parcel within the Shopping Center owned by that defaulting Parcel Owner. Upon recordation of a Notice of Assessment Lien, the then delinquent amount owed by the Parcel Owner, together with interest on that amount, shall constitute an Assessment Lien upon the property within the Shopping Center described in the Notice of Assessment Lien which is owned or was previously owned by the defaulting Parcel Owner. If the amount secured by an Assessment Lien is not paid in full within ten (10) days after a Notice of ' Assessment Lien has been recorded, and the Parcel Owner has been provided with a copy of the recorded Notice of Assessment Lien, the Person to whom the amounts are owed may enforce payment of the assessment or other amount due, or enforce the Assessment ' Lien against the property of the delinquent Parcel Owner, by foreclosing the Assessment Lien against the delinquent Parcel Owners Parcel in accordance with the laws relating to the foreclosure of realty mortgages (including the right to recover any deficiency), either ' judicially or non-judicially under a power of sale, such power being hereby granted to Developer as a mortgagee. 12.02 Assessments as Personal Obligations. Each amount due by a Parcel Owner pursuant to any provision of this Declaration, together with interest at the Default Rate, costs and attorneys' fees, shall be the personal obligation of the defaulting Parcel ' Owner, but the personal obligation of the Parcel Owner shall not be deemed to discharge or limit the lien on the land of any Assessment Lien encumbering the property of the Parcel ' Owner within the Shopping Center. No Parcel Owner shall avoid liability for payment of any amount due under this Declaration which fell due while that Person was the Parcel Owner by nonuse of the Common Area or by transfer or abandonment of the Parcel Owner's ' property. If any property within the Shopping Center as to which a Notice of Assessment Lien has been recorded pursuant to Section 12.01 is sold, conveyed or otherwise transferred, in whole or in part, by the Parcel Owner of that Parcel, the property shall remain subject and subordinate to the Assessment Lien created by reason of the delinquency described in the recorded Notice of Assessment Lien. ' 12.03 Superiority of Assessment Lien. The Assessment Lien provided for above shall be superior to any and all other charges, liens and encumbrances which hereafter in any manner may arise or be imposed upon any portion of the Shopping Center, regardless of the order of filing of any of the foregoing; provided, however, that the Assessment Lien shall in all events be subject and subordinate to: ' (a) Liens for taxes and other public charges which by applicable law are expressly made superior to the lien of the Assessment Lien; (b) Any mortgages, trust indentures, deeds of trust, or security instruments of any kind recorded in the office of the County clerk and recorder prior to the date of recordation of a Notice of Assessment Lien; provided, however, that all liens recorded GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 37 1 ' subsequent to the recordation of a Notice of Assessment Lien shall be junior and subordinate to the Assessment Lien created by reason of the delinquency described in the ' recorded Notice of Assessment Lien; and (c) The rights of any and all Occupants occupying any portion of the Shopping ' Center under written leases, whether the lease at issue was dated and/or a of the lease was recorded before or after the Assessment Lien at issue. If a Parcel Owner is delinquent in paying any amounts due under this Declaration, and as a result of the delinquency a Notice of Assessment Lien is recorded as provided in this Declaration, the Person recording the Notice of Assessment Lien may record ' subsequent Notices of Assessment Lien as to any amounts owed by that Parcel Owner to the same person which become delinquent after the recordation of the initial Notice of Assessment Lien, and the priority of the Assessment Lien as to any amounts thereafter ' becoming delinquent shall be fixed as of the date of recordation of the initial Notice of Assessment Lien, but only if the initial Notice of Assessment Lien has not been discharged. A person may prosecute a single Assessment Lien foreclosure action as to amounts ' delinquent at the time a Notice of Assessment Lien is recorded and as to amounts thereafter becoming delinquent, up to and including the time a final judgment is rendered in the action. Lien. Within 1 after the curing f 12.04 Release of Assessment e 0 days y g o any default for which a Notice of Assessment Lien was recorded, the Person who recorded the Notice of Assessment Lien shall record an appropriate release of any Notice of Assessment Lien upon payment by the defaulting Parcel Owner of a reasonable fee, to be determined by the ' person recording the Notice of Assessment Lien, to cover the costs of preparing and recording the release, together with the payment of such other costs, including, without limitation, reasonable legal fees, court costs, interest, and fees, as that Person shall have incurred in connection the Assessment Lien. Any Assessment Lien relative to which suit ' has not been filed and a lis pendens recorded in the records of County, Montana with one (1) year after the date of the recordation of the Assessment Lien. shall ' automatically be rendered null, void and of no further force or effect. The foregoing nullification of any Assessment Lien shall be self-operative and shall not require the execution or recordation of any further documents. ' 12.05 Litigation of Assessment Lien. Notwithstanding any provision contained in this Declaration, any Parcel Owner shall have the right to contest, in a court of competent ' jurisdiction, the recordation of any Notice of Assessment Lien against the property within the Shopping Center owned or occupied by that Parcel Owner on the basis that the recordation of the Notice of Assessment Lien or the amounts claimed to be delinquent in ' the Notice of Assessment Lien are incorrect or improper under the provisions of this Declaration. The prevailing party in the action shall be entitled to recover from the other party or parties its reasonable attorneys' fees incurred in connection with the action. ' ARTICLE XIII MISCELLANEOUS 1 GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 38 13.01 Notices. Any notice, payment, demand, offer, or communication required or ' permitted to be given by any provision of this Declaration shall be deemed to have been sufficiently given or served for all purposes-if personally delivered, sent by registered or certified mail, postage and charges prepaid, or by Federal Express or other reputable ' overnight courier or delivery service, addressed as follows: To Developer: Grant Creek Partners, LLC ' c/o StepStone Real Estate Services. 610 West Ash Street, Suite 1400 San Diego, California 92101 ' Attn.: Jack Naliboff Any such notice shall be deemed to be given (i) on the date of personal service ' upon the person to whom the notice is addressed or if such person is not available the date such notice is left at the address of the person to whom it is directed, (ii) three (3) days after the date the notice is deposited with the United States Post Office, provided it is sent prepaid, registered or certified mail, return receipt requested, and (iii) on the date the notice is delivered by a reputable professional courier service (including Federal Express, Express ' Mail, Emery or similar operation) to the address of the person to whom it is directed, provided it is sent prepaid. ' 13.02 Binding Effect. All of the limitations, covenants, conditions, easements, and restrictions contained herein shall attach to and run with each Parcel and shall benefit or be binding upon the successors and assigns of the respective Parcel Owners. This Declaration and all the terms,. covenants and conditions herein contained shall be enforceable as equitable servitude's in favor of said Parcels and any portion thereof. ' 13.03 Breach Shall Not Permit Termination. It is expressly agreed that no breach of this Declaration shall entitle any Parcel Owner to cancel, rescind, or otherwise terminate this Declaration, and such limitations shall not affect in any manner any of the rights or ' remedies which the Parcel Owners may have by reason of any breach of this Declaration. 13.04 Legal Action. If any of the Parcel Owners breaches any provision of this ' Declaration, then any other Parcel Owner may institute legal action against the defaulting Parcel Owner for specific performance, injunction, declaratory relief, damages, or any other remedy provided by law: In addition to the recovery of any such sum or sums expended ' on behalf of the. defaulting Parcel Owner, the prevailing Parcel Owner shall be entitled to recover from the losing Parcel Owner such amount as the court may adjudge to be reasonable attorneys' fees for the services rendered to the prevailing Parcel Owner in any ' such action. 13.05 Breach - Effect on Mortgagee and Right to Cure. Breach of any of the ' covenants or restrictions contained in this Declaration shall not defeat or render invalid the lien of any Mortgage made in good faith, but all of the foregoing provisions, restrictions, and covenants shall be binding and effective against any owner of any portion of the GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 39 ' Shopping Center, or any part thereof who acquires title by foreclosure or trustee's sale or by deed in lieu of foreclosure or trustee's sale; provided, however, that any such owner ' who acquires title by foreclosure or trustee's sale or by deed in lieu of foreclosure or trustee's sale shall take title free of any liens created or provided for hereunder, though otherwise subject to the provisions hereof. Notwithstanding any other provision in this ' Declaration for notices of default, the Mortgagee of any Parcel Owner in default hereunder shall be entitled to notice of said default, in the same manner that other notices are required to be given under this Declaration; provided, however, that said Mortgagee shall ' have, prior to the time of the default, notified the Parcel Owner giving said notice of default of the Mortgagee's interest and mailing address. In the event that any notice shall be given of the default of a Parcel Owner and such defaulting Parcel Owner has failed to cure or commence to cure such default as provided in this Declaration then and in that event the Parcel Owner giving such notice of default covenants to give such Mortgagee (which has previously given the above stated notice to such Parcel Owner) under any Mortgage ' affecting the Parcel of the defaulting Parcel Owner an additional notice given in the manner provided above, that the defaulting Parcel Owner has failed to cure such default and such Mortgagee shall have thirty (30) days after said additional notice to cure any such default, or, if such default cannot be cured within thirty (30) days, diligently to commence curing within such time and diligently pursue such cure to completion within a reasonable time thereafter. Giving of any notice of default or the failure to deliver a copy to any Mortgagee ' shall in no event create any liability on the part of the Parcel Owner so declaring a default. 13.06 Effect on Third Parties. Except for Section 13.05 which is for the benefit of Mortgagees, the rights, privileges, or immunities conferred hereunder are for the benefit of the Parcel Owners and not for any third party. 13.07 No Partnership. Neither this Declaration nor any acts of the Parcel Owners shall be deemed or construed by the parties hereto, or any of them, or by any third person, ' to create the relationship of principal and agent, or of partnership, or of joint venture, or of any association between any of the Parcel Owners to this Declaration. ' 13.08 Modification. No modification, waiver, amendment, discharge, or change of this Declaration shall be valid unless the same is in writing and signed by all of the Parcel Owners. In the event a request to change or alter this Declaration is made by any "institutional lender," as defined hereinbelow, proposing to extend credit to be secured by a first deed of trust or first mortgage on the interest of any Parcel Owner within the Shopping Center, in order to (i) clarify the rights of such lender hereunder and/or (ii) ' otherwise better secure to such lender its ability to protect its security, consent to such changes or alteration of this Declaration shall not be unreasonably withheld by any Parcel Owner or other person or entity whose consent or approval thereto is required by this ' Declaration. The term "institutional lender," as used herein, shall be deemed to mean any bank, savings or building and loan association, trust or other similar institutional type of lender (including loan service correspondent companies designated by any such lender). ' . 13.09 Severability. In the event any term, covenant, condition, provision, or agreement contained herein is held to be invalid, void, or otherwise unenforceable, by any GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 40 court of competent jurisdiction; such holding shall in no way affect the validity of enforceability of any other term, covenant, condition, provision, or agreement contained herein. 13.10 'Governing Law. This Declaration and the obligations of the Parcel Owners hereunder shall be interpreted, construed, and enforced in accordance with the laws of the State. 13.11 Terminology: Captions. All personal pronouns used in this Declaration, ' her used in the masculine feminine or neuter ender, shall include all other genders; whet g the singular shall include the plural and vice versa. Article and section titles or captions contained herein are inserted as a matter of convenience and for reference, and in no way define, limit, extend, or describe the scope of this Declaration or any provisions hereof. ' 13.12 Counterparts. This Declaration may be executed in multiple counterparts, each of which shall be deemed to be an original agreement, and all of which shall constitute one agreement. 13.13 Consent. In any instance.in which any Parcel Owner shall be requested to consent to or approve of any matter with respect to which such consent or approval is required by any of the provisions of this Declaration, such consent or approval or disapproval shall be given in writing. . __. ' 13.14 Estoppel Certificate. Each Parcel Owner hereby severally covenants that upon written request of the other Parcel Owner it will issue to such other Parcel Owner or ' to any prospective Mortgagee, or purchaser of such Parcel Owner's Parcel an Estoppel Certificate stating: (a) whether the Parcel Owner to whom the request has been directed knows of any default under this Declaration and if there are known defaults specifying the nature thereof; (b) whether to its knowledge this Declaration has been assigned, modified or amended in any way (and if it has, then stating the nature thereof); and (c) whether to the Parcel Owner's knowledge this Declaration as of that date is in full force and effect. ' 13.15 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Shopping Center to the general public or for the general public or for any public purpose whatsoever, it being the intention of Developer that this Declaration shall be strictly limited to and for the purposes herein expressed. ' 13.16 Release. If a Parcel Owner shall sell, transfer or assign its entire Parcel or its interest therein, it shall, except as provided in this Declaration, be released from its unaccrued obligations hereunder from and after the date of such sale, transfer or assignment. It shall be a condition precedent to the release and discharge of any Grantor or assignor Parcel Owner from its unaccrued obligations hereunder that the following conditions are satisfied: (a) such Grantor or assignor shall give notice to the other Parcel Owner(s) of any such sale, transfer, conveyance or assignment prior to the filing for record of the instrument effecting the same, (b) such Grantor or assignor shall pay all monetary sums than owed under the terms of this Declaration, and (c) the transferee shall execute GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 41 1 and deliver to the other Parcel Owner(s) a written statement in recordable form in which: (i) the name and address of the transferee shall be disclosed; and (ii) the transferee shall ' acknowledge its obligation hereunder and agree to be bound by this Declaration and perform all obligations hereunder in accordance with the provisions of this Declaration. Failure to deliver any such written statement shall not affect the running of any covenants herein with the land, however, it shall constitute a default by the transferee hereunder. Anything in this Section to the contrary notwithstanding, it is expressly understood ' and agreed that no such sale, transfer or assignment or written acknowledgment by the Transferee of its obligations hereunder shall effectuate a release of its Transferor with respect to obligations which accrued hereunder prior to the subject transfer. 13.17 Time of Essence. Time is of the essence with respect to the performance ' of each of the covenants and agreements contained in this Declaration. 13.18 Excuse for Nonperformance. Each Parcel Owner shall be excused from ' performing any obligation or undertaking provided in this Declaration, except any obligation to pay any sums of money under the applicable provisions hereof (unless such payment is conditioned upon performance of any obligation or undertaking excused by this Section), ' in the event and so long as the performance of any such obligation is prevented or delayed, retarded or hindered by act of God, fire earthquake, floods, explosion, actions of the elements, war, invasion, insurrection, riot, mob violence, sabotage, inability to procure ' or general shortage of labor, equipment facilities, materials or supplied in the ordinary course on the open market, failure of normal transportation, strikes, lockouts, action of labor unions, condemnation, requisition, laws, orders of governmental approvals or permits ' despite the exercise of due diligence and best efforts by a Parcel Owner or any other cause, whether similar or dissimilar to the foregoing, not within the reasonable control of such Parcel Owner, other than the lack of or inability to obtain funds. 13.19 Duration. This Declaration and each term, easement, covenant, restriction and undertaking of this Declaration will remain in effect for a term of sixty (60) years from ' the recordation date hereto and will automatically be renewed for successive ten (10) year periods unless the Parcel Owners owning 51% or more of the land comprising the Shopping Center elect in writing not to so renew. 13.20 Waiver of Default. No waiver of any default by any Parcel Owner shall be implied from any omission by any other Parcel Owner to take any action in respect of such ' default if such default continues or is repeated. No express written waiver of any default shall affect any default or cover any period of time other than the default and period of time specified in such express waiver. One or more written waivers of any default in the performance of any term, provision or covenant contained in this Declaration shall not be deemed to be a waiver of any subsequent default in the performance of the same term, provision or covenant or any other term, provision or covenant contained in this Declaration. The consent or approval by any Parcel Owner to or of any act or request by any other Parcel Owner requiring consent or approval shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar acts or requests. 1 GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 42 1 1 The rights and remedies given to any Parcel Owner by this Declaration shall be deemed to be cumulative and no one of such rights and remedies shall. be exclusive of any of the 1 others, or if any other right or remedy at law or in equity which any such Parcel Owner might otherwise have by virtue of a default under this Declaration, and the exercise of one such right or remedy by any such Parcel Owner shall not impair such Parcel ' Owner's standing to exercise any other right or remedy. 13.21 Common Ownership. The ownership of the Shopping Center by the same ' Person shall not result in the termination of this Declaration. EXECUTED as of the date first above written. DEVELOPER: 1 By: Hal McNee 1 By: 1 David W. Hutchinson 1 By: Jack Naliboff STATE OF ) ' as COUNTY OF ) 1 This instrument was acknowledged before me on , 1997, by Hal McNee, David W. Hutchinson, and Jack Naliboff as of 1 . 1 (SEAL) Notary public for the state of Montana Residing at My commission expires 1 1 GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 43 ' 82366 1 1 GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 44 ' EXHIBIT "G" RULES AND REGULATIONS ' A. Occupant Stores ' 1. Each Parcel Owner shall use its best efforts to require its Permittees to comply with all regulations with respect to the Common Area, including, but not by way of limitation, posted speed Limits, directional markings and parking stall markings. ' 2. All Stores in the Shopping Center shall have their window displays, exterior signs and exterior advertising displays adequately illuminated continuously during such ' hours as the Shopping Center is open for business to the public as determined by Developer in its reasonable discretion. ' 3. All Stores, including entrances and returns, doors, fixtures,windows and plate glass shall be maintained in a safe, neat and clean condition. ' 4. All trash, refuse and waste materials shall be regularly removed from the premises of each Store within the Shopping Center, and until removal shall be stored (a) ' in adequate containers, which containers shall be covered with lids and shall be located so as not to be visible to the general public shopping in the Shopping Center, and (b) so as not to constitute any health and fire hazard or nuisance to any.Permittee. Occupants ' who utilize an exterior trash storage receptacle 'and who are responsible for arranging for the regular removal of trash from such .receptacle shall cause the removal to occur between the hours of 7 a.m. and 10 p.m. ' 5. No portion of the Shopping Center shall be used for lodging purposes. ' 6. Except as may be permitted by Developer or by the terms of an occupants lease, neither sidewalks nor walkways shall be used to display, store or place any merchandise, equipment or devices. 7. No advertising medium shall be utilized which can be heard or experienced outside of any Store, including, without limiting the generality of the foregoing, flashing ' lights, searchlights, loud speakers, phonographs, radios or television. 8. No use shall be made of the Shopping Center or any portion or portions ' thereof which would (a) violate any law, ordinance or regulation, (b) constitute a nuisance, (c) constitute an extra-hazardous use, or (d) violate, suspend or void any policy or polices . of insurance on the Stores. ' 9. The Parcel Owners and occupants shall use their best efforts to require all trucks servicing their respective Stores to load and unload such trucks (a) only during the. hours permitted by Section 6.06 of the Declaration, or (b) so as not to materially interfere with the operation of the other Stores within the Shopping Center. GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 45 ' B. Conduct of Persons ' The following rules and regulations are hereby established for the use of roadways, walkways, the Parking Area, and other common facilities provided for the use of Permittees: ' 1 . No person shall use any roadway or walkway (other than Outside Sales Area permitted by Developer), except as a means of egress from or ingress to any ' Store and the Parking Area within the Shopping Center or adjacent public streets, or such other uses as approved by the Parcel Owners. Such use shall be in an orderly manner, in accordance with the directional or other signs or guides. Roadways within the Shopping ' Center shall not be used for parking or stopping, except for the immediate loading or unloading of passengers. No walkway (other than Outside Sales Area permitted by Developer) shall be used for other than pedestrian travel or such other uses as approved ' by the Parcel Owners. 2. No person shall use the Parking Area except for the parking of motor ' vehicles during the period of time such person or the occupants of such vehicles are customers or business invitees of the business establishments within the Shopping.Center. ' All motor vehicles shall be parked in an orderly manner within the painted lines defining the individual parking places. During peak periods of business activity, limitations may be imposed as to the length of time for parking use. Such limitations may be made in specified ' areas. 3. No person shall use any utility area, truck court or other area reserved for use in connection with the conduct of business, except for the specific purpose for ' which permission to use such area is given. ' 4. Developer reserves the right to designate certain portions of the Parking Area are for the nonexclusive use as parking areas by the respective employees, agents, contractors, licensees and concessionaires of the Occupants. Such portions of the ' Parking Area may be more particularly set forth in the Site Plan. Developer and each Occupant shall use its reasonable best efforts to require its employees, agents, contractors, licensees and concessionaires to park in the portions of the Parking Area ' designated by Developer, as may be shown on the Site Plan, for such use. Each Occupant shall furnish Developer with a list of all of their respective employees'. license plate numbers and shall thereafter notify Developer of any changes thereto within ten (10) days ' after any such change If such employees fail to park their vehicles in such designated parking areas, except to the extent Developer may have agreed to the contrary in any lease with an Occupant or any of-record written agreement with another Parcel Owner, ' then Developer may charge such Occupant or the Parcel Owner with respect to such occupant, $15.00 per day per vehicle for each day or partial day that such vehicle(s) are parked in any areas other than those so designated. All amounts due under the provisions ' of this paragraph shall be payable to Developer within ten (10) days after Developer's demand therefor. All Occupants hereby authorize Developer to tow away or cause to be towed away from the Shopping Center any vehicle in violation of the provisions of this GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 46 1 ' paragraph and/or attach violation suckers or notices to such vehicles. ' 5. Developer shall have the right to supplement these Rules and Regulations with rules and regulations dealing with the public's right to engage in expressive activity in the Shopping Center ("Expressive Activities Regulation") which Expressive Activities Regulations shall comply with then current Montana law. 6. Subject to the Expressive Activities Regulations, no person shall, in or on any ' part of the Common Area. (a) Vend, peddle or solicit orders for sale or distribution of any merchandise, device, service, periodical, book, pamphlet or other matter whatsoever. (b) Exhibit any sign, placard, banner, notice or other written material. ' c Distribute an circular, booklet handbill placard or other material. ( ) Y , ' (d) Solicit membership in any organization, group or association or contribution for any purpose. ' (e) Parade, rally. patrol, picket, demonstrate or engage in any conduct that might tend to interfere with or impede the use of any of the Common Area by any Permittee, create a disturbance, attract attention or harass, annoy, disparage or be detrimental to the ' interest of any of the retail establishments' within the Shopping Center. ' (f) Use any Common Area for any purpose when none of the retail establishments within the Shopping Center is open for business or employment. (g) Throw, discard, or deposit-any paper, glass or extraneous matter of any kind, except in designated receptacles, or create litter or hazards of any kind. ' (h) Use any sound-making device of any kind or create or produce in any manner noise or sound that is annoying, unpleasant, or distasteful to any Permittee. (i) Deface, damage or demolish any sign, light standard or fixture, landscaping material or other improvement within the Shopping Center, or the property of customers, business invitees or employees situated within the Shopping Center. ' The listing of specific items as being prohibited is not intended to be exclusive but is intended to indicate in general the manner in which the right to use the Common Area ' may be limited. Any Parcel Owner shall have the right to remove or exclude from or to restrain (or take legal action to do so) any unauthorized person from, or from coming upon, the Shopping Center or any portion thereof and prohibit, abate, and recover damages arising from any unauthorized act, whether or not such act is in express violation of the GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 47 1 1 prohibitions listed above. In so acting such Parcel Owner is not the agent of other Parcel Owners or occupants of the Shopping Center, unless expressly authorized or directed to 1 do so by the Parcel Owner or Occupant in writing. 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 48 1 - --- - SUMMARY BRIDGE CONNECTION SITE AREA- 20.7 ACRES BUILDING.AREA: BUILDING 'A' - SAFEWAY 55,000 S.F. '�' BUILDING'B' -RETAIL SHOPS 6,500 S.F. r ===j W MAJOR r I BUILDING 'C' - RETAIL 10,000 S.F. FUTURE CONNECTI�y' � j^ BUILDING'Do - MAJOR 25;000 S.F. I � BUILDING °E" - RETAIL SHOPS 4,900 S.F. I BUILDING'F' - RETAIL SHOPS 14,500 S.F. g I TRUCK DOCK / •G' I BUILDING 'G' - RETAIL SHOPS 10,050 S.F. BUILDING'S - MAJOR 15,000 S.F. j I^ BUILDING 'Ke - COMMERCIAL 6,000 S.F. . I •/ ;vSFEWAY - BUILDING L - FOOQ 5,60Q SF. I --- - -- — — �� I BUILDING 'M' - FOOD 2,400 S.F. i I I I n , K• r ' I BUILDING 'No - FINANCIAL 3,000 S.F. •o BUILDING 'P' - FOOD 4,500 S.F. 6 �� 'B' F71 MAJOR F. / <C�G,, / I ' � BUILDING °O° - TBA 6,500 S.F. 111,E �_ /" f/ll/i /Ni. / F Z61' fy� ' Ea R TOTAL 168,950 S.F. 85/� ING/ S I Y 'o o PARKING PROVIDED 863 STALLS I - I: (5/1000 S.F.) BUILDING/SITE RATIO: (INCL. GAS PARCEL) 18.77. i I GAS � I � %so,000 S.F. NET � (NOT INCL. GAS PARCEL) 19.8 ' I o °N. .L. j (NOT INCL GAS PARCEL OR I 50' LANDSCAPE BUFFER) 22.7% _ SIGNALIZED $ FUTURE I t" __ INTERSECTION oi SIGNALIZED \ ACCELERATION DECELERATION LANE NTRY CORRIDOR INTERSECTION LANE PYLON.SICK. _ S' � _ _ LAND.,,"iiE_ 50' 19TH AVENUE — —— a= FEBRUARY 3, 1998 w.m plm;a n I."Pr tot. ty o,gvammtee o°b tae, E tity bcotim o aM Ten°nC rd Urc Euikinga. Dnrementa,poA'ng,ingcaa. na O 50' 100' 200' to a::3i-c.5ensc^,ao6 0:4 aW scktiolc m Eha arehi:a;, N ,3' a ";I i,ahMn t 9to ct-W.eUekin n,d<q0'e o ocao oN M..4at n ment yrt amuacea SITE PLAN ' � � .aha,i pri°,notes San Diego,CA 92101 B R l D G ER PEA KS CEN T F Grant Creek -Partners ' A R C H I T E C N 1 R E Tel 16191 234-8136 B O Z E M fA N 9 M O N T A N A (406) 523-5634 PLANNING fax 16191234-6136 Li VV ocovnarart suety++1 -u>.wars wsmm . . �. _ . r_ .--= _-�_ 1 5tr4'3 ;w, Q�G�r''3WI�`!ti,�F, {.d po f.,• 1;f�! - '6RI06Eit PEAKS A I L r s FIT 3 W E S T E L E V A T 1 O N Xri i � ✓ �r',.q.L mad� �e S` _ �y�OC�... xauauuugaqljal SAFEW�Y a S O U T H W E S T E L E V A T I O IN ' FEBRUARY 1998 452 SP AVM , eA BRI DGER PEAKS CENTER San 01sM CA SM ARCHITECTURE Te116BIZW-m BOZEMAN, MONTANA PLANNING Fax 169234-M GARDNER-SIMMENTAL PLAZA STATE OF MONTANA GRAPHIC SCALE S.K.A.,INC 5851 151 EVERGREEN,SUITE C 1a E.BAXTER LANE STATE LANDS o so im zao BOZEMAN,MT 59715 BOZEMAN,MT 59715 O WIR + 36 ( IN FEET ) T15 I in,h= 100 f!. 23498 ' •1 W CORNER S87'O6'45°E BAXTER LANE EC ON 1 296.77 T2S pl .� T2S R5E a lass 583.88 O1+� _a lass N8197.7, 197.73' -92 a,� I nl a s c DELTA-22'33'55" d RAD=752.41 S n LEN=296.33 TRACT A 4� C.O.S. 1215C 8.30 cc. N 2 S89'09'38"E 1070.27' w GRACE E.FRANCE JOANN L.CAPE I 21 222E W:MAIN ST. - TRACT B 2220 WN,MT 59715-3972 I �O I I C.O.S. 1215C. I j 11 .71 ac. N I _ I� I S89'09'26"E 1 I 1370.48' PROPOSED CAPE,SACCOCIA AND PERKINS I zl WATER MAIN I z j TRACT 1 B PETER K.NELSON 1104 MANDEVILLE LANE BOZEMAN,MT 59715 AND EX 25'R.O.W. C.O.S. 1215 A PT�LANb PERKINS AND j•�-EX 25'R.O.W. 2 0•O 1 7.y C. BOZEMAN,EMT 59715HALL \ I I OPEN SPACE CALCULATIONS FOR EFFECTS_OF ADJUSTED a 3 n NEW TRACT 4A COMMON I OT LINE \ I TOTAL LAND AREA: 24.107 co. ORIGINAL TRACT 4A: 22.252 0c. DEDICATED R.O.W.: 2,888 cc. ORIGINAL TRACT 48: 19.989 00, 1 NET USABLE AREA: 21.219 oc. TOTAL: 42.241 ac. H'O 41 REWIRED OPEN SPACE: 6:366 ac. NEW TRACT 4A: 24,107 cc. \ OPEN SPACE: NEW TRACT 46: 18.134 oc. \ I INTERIOR OPEN SPACE(ADD.): 2.328 oc. TOTAL: 42.241 ac. \ _ I SETBACKS FROM R.O.W.: 2.814 cc. TRACT 4A GAINS 1.B55 AC. TOTAL OPEN SPACE 5.142 ac. I y I 30' 60 ROW -- © PROPOSED CAPE,SACCOCIA AND PERKINS WATER MAIN EX.24 C�.LR + 29-9BAR 121Y1R _..I 1 I } y - INV 1388 kZ:Z::INV.=11 54 - 1 .546 ac 70 BE DEDICATED K9TH SUBSEQUENT PLAT ^ u�30' -I sp 32 D3 s. I 45S ac OPEN SPA(E TO BE DEVELOPED WITH`SUBSEQUENT PLATT� - 4 1 1 . REPLACE PUBLIC STREET EASEMENT EASEMENT a " o INV�14.34 �P 7H�PUBLIC STREET AND UTILITY NT: }1 . ARA L TO PROPERTY LINE \ r LOT 11 o 84576 st y , ... - 4: $ }+} !` (� • I r l9 80'PUBLIC...STREET ;Jll1 l z '..I I I _ _ EASEMENT �( 8l 1 I 1} j INV 16.00 I I I - TO BE ABANDONED op 1 I N89-04 23 W N89'04'23' "197_Sa.'_. " I1 a _ - I I UI.LS�T7 _ ! 1 - 00 EXISTING 1 11 11 I 1 i PROPER \' r - I Fk'i I L01L...1O O `LINE p x `� �I - FT I I r 1 I 179,179 of O '/�I. '1 ' 1 4.11 ac. \. Z `�� IIJ.1-NEW .. I , ti ;y N6.�1-1.. 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P.O.Box 6160 BOZEMAN,MT 59 71 5-272 6 BOZEMAN.MT 59715-3972 BOZEMAN,MT 59771-6160 BURIED TELEPHONE AND RECEMVE7 BY ENGINEERS ❑ MO R R I S O N SCIENTISTS TELEVISION ONES LEGEND MQR 0 5 1593 sursvLYI GAS— BURIED GAS LINE PREAPPLICATION PLAN OF 0 17y' rya ASPHALT EDGE � FOUND SECTION CORNER -7 AREA CALCULATED AS ADDITIONAL BRIDGER PEAKS TOWN CENTER CO PLANNERS X EXISTING FENCE LINE _= OPEN SPACE'MT4 THIS P.U.D. ❑❑ AI E R L E,�Ne SINCE 1945 T FOUND QUARTER CORNER LIMITS OF DEDICATED RIGHT-OF-WAY FOR An Employee-Owned C6inpany EXISING 24'SANITARY • —a ass = DEDICATED MTV THIS P.U.D. SEWER MAIN ® FOUND PROPERTY PIN -_ UMITS OF RIGHT-OF-WAY TO BE GRANT CREEK PARTNERS _ EXISTING 12"SANITARY P.O.Box 1113 901 Tahnology Blwl. Bozeman,MY 59771 •Phone:(406)587-0721 Far(406)587-1176 +m SEWER MAIN EXISTING NG OVERHEAD POWER LIMITS OFDGREENWABSEASEMENT�� TRACTS 4A AND 4B OF C.O.S 1215A POLEREVISION DATE: a lw _ EXISTING 14"WATER DEVELOPED WITH THIS P.U.D. 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' � � w maunders From: James Nickelson Sent: Wednesday, March 11, 1998 3:52 PM To: Chris Saunders Subject: RE:Bridger Peaks Town Center ■ Brpeak Also relayed to Keith Belden concerns about traffic patterns. The first parking layout provided allowed for somewhat direct traffic access to out lots. The"final" layout appears to force most traffic to go in front of the main stores in order to reach the out lots.Add if you would like! From: Chris Saunders Sent: Wednesday,March 11-1998 3:32 PM To: Dave Skelton;James Nickelson; Phillip Forbes Subject: Bridger Peaks Town Center Please email your comments to me so that I can include them in the preapplication review letter. thanks Page 1 City Engineer Craig Brawner noted there is more that the sewer and water line issue.. Discussion followed on the requirements of final site plan and the permitting of building permits. He noted this subdivision is different from the Safeway and Target sites as the infrastructure will be in for them, however, it won't be for this project. Mr. Brawner noted they can come in with the MiSP and get those approvals, however, no building permits will be issued until the Final Plat for Stone Ridge Subdivision is filed. Discussion followed on the financing of the signal,the issuance of building permits, and the installation of infrastructure. 3. "esis.Partner4s/Boylan ZMA#Z-98108 - (Skelton) Stucky Road, west of South 19`h Avenue - A Zone Map Amendment Application to change the zoning designation on a 32.4 acre tract of land from AS to R-0. (First of a two week review) Chairperson/Senior Planner Dave Skelton presented the application, noting the issues. Fire Marshal Chuck Winn noted that the applicant's comment on condition 4 is incorrect as their fire protection will come from Sourdough Fire District at the end of South 3rd. For the Betterment of the DRC: CBridger-Peaks— (Saunders) - —C( � Associate Planner Chris Saunders noted that the applicants for Bridger Peaks Subdivision have asked to modify some of the conditions, namely, they want to modify the conditions to allow construction on Lots 2, 8, 11, as Safeway is not moving as fast as the applicants are. He noted they are asking for other wording changes. He understands that they want to do the steel wall construction off-site, then haul them on-site when final approvals have been given. He further discussed the requested modifications. Planner Saunders noted that this application goes before the Planning Board next week and this committee could be making a recommendation on the modifications next week. Assistant Planning Director Debbie Arkell noted that a staff report can't be written on a moving target. Discussion followed on the request. City Engineer Craig Brawner noted he sees no problem in approving these modifications. He noted he had tried to convince them to join the other developers in the area to install the signal at Oak Street and North l 91h Avenue. Discussion followed on the improvements needed to Oak Street and North 19`h Avenue. Planner Saunders asked for comments from DRC next week. Mr. Winn moved, Mr. Poulsen seconded, that the meeting be adjourned. Development Review Committee Minutes-August 11,1998 5 2. Bridger Peaks Town Center MaSub Pre-Application #P-9807/ PUD Concept Plan #Z-9819 - (Saunders) Northeast comer of West Oak Street and North 19`h Avenue - A Major Subdivision Pre-Application and a Planned Unit Development Concept Applications to Subdivide 42.24 acres into 11 lots for commercial development. Keith Belden and Jason Leep joined the DRC. Associate Planner Chris Saunders explained the application, noting staff concerns, for example: narrow access, gas line located on property, storm drainage issues, and needed easements. He noted that all parking is to be installed with the initial phase of the project. Mr. Belden explained how the parking will be installed in phases, if they choose to phase the development. Mr. Belden and Planner Saunders discussed possibilities in phasing. Mr. Belden explained an existing easement that isn't shown. Senior Planner Dave Skelton suggested including the type of lawn furniture and other furnishings that will be used outdoors as part of the design. Mr. Belden noted that the applicants have a landscape architect working on those issues. Project Engineer James Nickelson, Mr. Belden, Mr. Leep, and Mr. Brawner discussed the existing sewer easements. Planner Saunders asked if that will give the City additional right-of way along N. 19th and room for turn lanes. Mr. Belden noted it should. Discussion followed on future streets in the area, through this property and the adjacent property; the extension of current streets from Durston Road north; the stream-ditch that traverses the property; and the regulating of the stormwater entering the stream/ditch as there would be a considerable amount of storrwater produced by the development. Mr. Belden asked about subdividing the east portion from the west portion as needed for the PUD. Planner Skelton noted that a Master Plan is need for the entire 40 acres. The intent was to have one for the entire 80 acres, but that didn't happen. Planner Skelton asked Mr. Belden to at least get some schematics for the transportation. Mr. Belden described the concept plans and other plans for the whole 80 acres. Planner Skelton asked if there should be a conzern about the internal road system between North 15`h Avenue and North 191h Avenue for this development. Discussion followed on that question. Mr. Brawner asked about the interior road proposed - would it be a public road. Mr. Belden noted it would as it provides access to parking and for service deliveries. He noted it will probably remain a private street to provide access between the two lots. Vice-Chairperson Winn noted that they need to envision fire hydrants around the rear of the buildings. His department needs fire hydrants in front and rear of the buildings to adequately protect the building. Mr. Brawner noted that Planner Skelton is correct in wanting to see what the adjo_ning uses will be to ensure proper accesses. Mr. Belden and Mr. Brawner continued the discussion. Public Services Director Phill Forbes noted that the accesses from Oak Street were planned for a residential development and done in a systematic way, in response to Mr. Belden's comment that accesses were placed willy-nilly along Oak Street. Planner Saunders asked if they are allowed to subdivide the east portion from the west portion, could they use the guidelines from the west side to develop the east side. Planner Skelton noted it Development Review Committee Nlinutes-March 3, 1998 3 / _ /'z') ��_ '• ram- 5/q���S'{ ate. / � •, ��... 5��3/✓c 5 i—� O, GZ.sh p��� �v��C. '/� "/ �a� Sfie�L, er �L 46 c a '5Je seams ILfe a rA.47S 0f--� a e-f �e S eb� /jGa7cf� G�?cam It, • -(..�.zle:� �4 k'(•Yn '�D !' GcY�LG rr�2 G'-K.cA/_�'r�"�r_��!����'(=1^-:e_an_/� �,•t' • GL,DJ� �. �-%'').c r1�Q..�tQ � �/JST e.1�J 4r('t��= / - -=<--`p`i T 'Gc�t�i-L}']'c v�,}✓ST �yy�a?' �—�c�n�/J/d�' 'la �i Fk-o.I /l+S_'�'��L'cT!d-� �i :gGb � �• � �� � � [..,� �r'/`a..cTS � l+�G� fie. G4Sil,7' ,.tee'/' `� J .pte.,tr, n C'edSr/'s o _�b U��. �• I.�n.�-csi� Ol/ i'� �a C�'is�✓a.,%�� GjirGGa ��/`cLd� d., 5��=,.s - + - h y' (..)err �f 30'• � 6fis� t /'tcsc5.e cGlZ + F.exly,s ive 1�11j<c - M I� fJ. is - I _ 4 _ • i+ + I! h� l II • Mr. Cruwys suggested eliminating the striping in the parking lots and the use of pavers texturing. Planner Olsen noted that she wanted Mr. Kamp to address the setbacks. Chairperson Walker moved, Mr. Sorenson seconded, that this project be brought back to the next meeting, with revised drawings being included in the packets. B. v:::B-ridges Peaks-Town-Center-Concept PUD#Z=9819_(Saunders) i Northeast comer of North r91h Avenue and Oak Street A Concept Plan for a Planned Unit Development to allow B-2 (Community Business District)uses in the North 19`h corridor. B. Bridger Peaks Town Center Concept PUD #2r9819 - (Saunders) Northeast comer of North 19`h Avenue and Oak Street A Concept Plan for a Planned Unit Development to allow B-2 (Community Business District) uses in the North 19`h corridor. (This project was discussed first on the agenda.) Mike LaBarre, Keith Belden, Andy Stevenson, Dave Hutchinson, and Shelly Engler joined DRB. Associate Planner Chris Saunders presented the application, noting Planning staff concerns: (1)the North 19`h/Oak Street Master Plan Amendment was written for a residential area, and need to be modified for this project. (2) The need for a Master Plan for the whole property including infrastructure. (3) The need for a true pedestrian area and not just a sidewalk. (4) Stormwater and snow storage are issues. Chairperson Walker asked if DRB had seen this application previously. It was noted that the application had been before the Board at the last meeting. Mr. McCrone asked for the location of the Farmers Canal. Planner Saunders pointed out the location along Oak Street and connects to the Walton ditch which continues north in a meandering way. Mr. McCrone asked for the location of the accesses, which Planner Saunders pointed out. Mr. Sorenson noted that if considering the other part of the property, he feels that the businesses will front onto the back of this project, which isn't in the best interest of that property. Mr. Labarre noted they plan to be back before this Board with a full submittal. He noted that they don't own the adjacent property, but have taken care to address how the two properties affect one another. He noted the other property will take access from Tschache Street. He noted driveways that might continue through to the other property. He noted they have proposed a pedestrian bridge over the Canal into the next property. Mr. Hutchinson noted why they had chosen the accesses they had. Mr. McCrone asked if this project depends on a boundary change, to which Mr. Hutchinson noted it did. Mr. Hanson asked what the open space requirements will bring to the application. Planner Design Review Board Minutes-March 10,1998 4 Saunders noted there has to be more open space to meet code requirements and snow storage areas must be provided. There has to be a trade-off between the parking and buildings and the open space. Chairperson Walker asked if the setback from North 19`h Avenue is adequate. Planner Saunders noted it is. Mr. Lebarre addressed the open space requirement, noting that the green spaces added to the taupe-colored spaces meet 24% of the 30% open space requirement. Planner Saunders and Planning Director Epple addressed the need for 5 foot wide sidewalks along buildings, what counts for open space. Planner Saunders noted if the project includes the whole property, part of the open space could be located in the other portion of the property. Discussion followed on the parking requirements. Mr. LaBarre noted that they are about 20% over on parking spaces. When asked if they could give up any spaces, he noted it would depend on where they were to give them up. Mr. Sorenson asked about retaining ponds and softer areas, would they group them or will they become a buffer from the rest of the City. Mr. LaBarre noted that visibility of the signs for this type of business is paramount to the businesses. He noted that the retention ponds might be located in the comer, then noted locations where other retention ponds might be located. Mr. Sorenson noted that landscaping areas within parking areas is cooling in the summer. He noted that the areas tend to become tom up when snow removal takes place. He discussed the aesthetic value of the landscape areas being larger. He suggested maximizing the landscape areas. Mr. LaBarre asked if Mr. Sorenson was suggesting eliminating some of the small areas and aggregating them into fewer, larger areas. Mr. Sorenson asked Planning Director Epple to explain the landscaping requirements. Ms. Engler gave an overview of the landscaping proposed. She also has suggested that the islands be more massive. She noted that the buildings are setback more than the 50 feet required. Mr. LaBarre noted that the blueprint is not accurate, the most accurate plan is on the table. Discussion ensued on the landscaping areas. Chairperson Walker noted that the lack of. landscaping in the interior wouldn't be noticeable until one has entered the parking lot. Ms. Engler noted they plan to emphasis the greenway with berms, curvilinear walkways, and other features. Mr. Cruwys commended Ms. Engler on the explanation of the intent of the landscaping. He noted that the stormwater runoff will hopefully be handled correctly. He wants to see more, larger planting islands in the interior of the parking lots. He strongly suggested increasing the space between the parking lot and the driveway. Mr. LaBarre noted the location of the supermarket and the plan to include landscape screening where there are blank walls. Mr. Cruwys noted there are a lot of good things happening in the plan. He strongly suggested the use of substantial beetling along the corridors, putting in real planting islands not just painting rectangles on the pavement, putting in more islands. He noted the more the verticality seen in a parking lot, the better. Planner Saunders noted that landscaping is required every 100 feet in Design Review Board Minutes-March 10,1998 5 parking lots. Planning Director Epple noted the need for a written to request a re'+_'axing of the standards, which would be presented to this body, Planning Board, and City Commission. Chairperson Walker asked for concerns of the DRB other than landscaping. Mr. Gleye noted there are many excellent things about this plan, noting several. He noted that a grassy sward could direct the customers to the entryway of the business. Mr. Hanson noted the pedestrian access could be a nice addition to the parking lot. He suggested reducing the parking and increasing the open space. He noted it is an interesting proposal. He likes the way it addresses the comer. He asked where the 12 foot drop in elevation occurs on the property. Mr. LaBarre indicated the area as Planner Saunders described it. Mr. Sorenson noted that the elevations as shown are commendable. He reiterated that there is a need for more green space and suggested locations. He suggested using the run-off pools as reflective pools rather than be shunted to the rear of the buildings. Mr. McCrone noted they have made excellent use of the North 19`h Avenue guidelines. He concurred with Mr. Cruwys's comments on landscaping. He noted that extending the green space would discourage vehicles from cutting across the parking lot. Mr. Cruwys noted that the applicants need to be sure the streets, landscaping, and signage are compatible with the property across the street. He suggested a theme be developed for the intersections and along North 19`h Avenue. Chairperson Walker asked if the applicants had more to present. Mr. LaBarre noted the drawing is in addition to what the Board has and they have a materials sample board. He explained the processes they have used to develop this project and the materials planned for use. He noted that the buildings on the perimeter will governed by a set of guidelines that contain colors, materials, roof treatments, outer wall coverings. Mr. Sorenson asked if a business such as McDonalds would be able to live with those types of guidelines. Mr. LaBarre noted they would work with that type of business, however that business may not 'avant to work with them. Chairperson Walker asked if the structures being submitted would come back before the DRB. Planning Director Epple noted that usually they will not, if there is a particularly difficult submittal, it could come before the DRB. Mr. Gleye noted that the color scheme is commendable. He likes the quasi historical character. He suggested that brick facades not be used and propose something more in character with the rest of the project. Mr. Hutchinson noted they have problems with the lighting condition. He noted the lighting standards are too low and very inefficient. Planning Director Epple noted that City Commission has strongly adhered to the code requirement. He wouldn't encourage them to seek a variance for Design Review Board Minutes-March 10,1998 6 taller light standards. ITEM 5. ADJOURNMENT Mr. McCrone moved, Mr. Hanson seconded, to adjourn the meeting. The motion carried 6 - 0. The meeting was adjourped at 6:00 p.m. Kim Walke , Chairperson, Design Review Board Design Review Board Minutes-March 10,1998 7 SUMMARY I BRIDGE CONNECTION N SITE AREA: 20.9 ACRES BUILDING AREA: w I t I FUTURE CONNECTION E BUILDING "An — MAJOR 55,000 S.F. .�. I BUILDING "Be — RETAIL SHOPS 6,500 S.F. MAJOR I BUILDING nCn — RETAIL 10,000 S.F. j ,G, _ I BUILDING nDn — MAJOR 25,000 S.F. j I BUILDING nEn — RETAIL SHOPS 4,900 S.F. i BUILDING nFn — RETAIL SHOPS 14,500 S.F. j BUILDING nGn — RETAIL SHOPS 18,400 S.F. TRUCK DOCK I _ BUILDING n Jn MAJOR 8,000 S.F. j ® BUILDING hKn — COMMERCIAL 6,000 S.F. MAJOR I BUILDING nLn — FOOD 5,600 S.F. j o� I BUILDING M — FOOD 2,400 S.F. j BUILDING TNn — FINANCIAL 3,000 S.F. I •p° - BUILDING P — FOOD 4,500 S.F. �j� 'B' 'c' MAJOR .F, �° N I >-z j BUILDING "On — TBA 6,500 S.F. o, W za BE Wr - - - *�� N 18 i J j TOTAL 170,300 S.F. WIC - - t— eI j 352 RKwc cEs 9 ! a PARKING PROVIDED 899 STALLS WIDE I O i (5.2/1000 S.F.) w I ' ; if 6,1,; BUILDING/SITE RATIO 187% s i GASID J12 50,000 S.F. NETJ121P, ID , , 12 $Ns j _ _"_ ___ _ _ ___ :1 __1 1 26____ _ w _ SIGNALIZED FUTURE "_ INTERSECTION SIGNALIZED ENTRY CORRIDO ACCELERATION DECELERATION LANE INTERSECTION LANE PYLON SIGN 50' R � -- ----------- LANDSCAPE - 1 NORTH 19TH AVENUE — — — — — o: a z z N ' GG 6 VI oi FEBRUARY 26, 1998 wThis site plan is not a representation,warranty or guarantee as to size,location o or identity of any Tenant,and the buildings,improvements,parking,ingress,and O 50' 100' 200' Li egress are subject to such changes,additions and deletions as the architect, SITE PLAN - " a landlord or any gavemnenlol agency may direct. My specific tenant referenced herein.is subject to change,deletion,change of location,etc.,et any time without prior notice. Averlue San mCA92 i." E Ez ik..� �-El E Grant Creek Partners F VIE ILL Suite A ILL 13% t � � e I. �. n � San Diego.CA 921DI ARCHITECTURE Tel &V89-8136 ^ O Z E � qi ^ N, A ,� O N T ^ N ^ (406) 523-5634 PLANNING Faz 16191234-Bq8 FL{J ��/ `/`—� '�/'� /� /� ©COPYrdGKr FERIAUW LARME-ILL RIGHTS RESO?J D RECEIVED BY MAR 0 4 1998 CITY-COWTY PLANF943 19 the proposed easement and alternate easement for access to the lift station. Mr. Brawner noted the manholes for water mains need to be relocated to the center of the street. Mr. Hixson continued reviewing his concerns, then Mr. Certalic continued his comments. Mr. Kamp explained the drainage system which was proposed and submitted to the Army Corps of Engineers. They have suggested replacing the wetlands with some usable wetlands. Mr. Brawner asked Mr. Kamp how the stormwater will be handled. Mr. Kamp noted he will have to do more work on that. Mr. Brawner noted that any on-lot storage needs to show how it will drain into the retention areas. Chairperson Skelton noted a decision will be made on this application next week. C. INITIAL WEEK REVIEWS 1. Stadium Center MaSub Preliminary Plat#P-9802/PUD#2r9811 -(Olsen) South 10' Avenue and Kagy Boulevard - A Subdivision Planned Unit Development Application to allow the subdivision of 15 + acres into 17 lots for commercial development. (First week of a four week review.) Dan Kamp joined the DRC. Associate Planner Jody Olsen presented the application. Mr.Kamp noted the changes and how the previous comments had been addressed. City Engineer Craig Brawner asked if the streets were private, to which Mr. Kamp noted they are. Discussion ensued on the availability of water service in the area. Mr. Brawner noted that the water line sizing will have to be increased with this subdivision. Discussion followed on the installation of the water main. 2. fBirtd_ger Peaks Town Ccntcr MaSub Pre-Application#P-9807/ PUD Concept Plan#2r981-9-(Saunders) Northeast corner of West Oak Street and North 19"'Avenue - A Major Subdivision Pre-Application and a Planned Unit Development Concept Applications to Subdivide 42.24 acres into 11 lots for commercial development. Keith Belden joined the DRC. Associate Planner Chris Saunders presented the application and reviewed the concerns of the Planning Office. Project Engineer James Nickelson noted the depicting of the infrastructure would be helpful. City Engineer Craig Brawner noted several street improvements that need to be done as extensions of current streets with this project. Discussion followed on open space, easements, and dedications. D. FIRST WEEK OF TWO WEEK REVIEWS 1. Amended Lot 9 Evergreen Business Park MiSub#P-9806-(Arkell) 1701 Evergreen Drive - A Minor Subdivision Application to allow the subdivision of a 2.578 acre tract of land into two (2) lots. (This project was reviewed after the informal review.) Assistant Planning Director Debbie Arkell reviewed the application to divide an existing lot into two lots. Discussion followed on the available water/sewer stubs, with Mike Certalic, Interim Water/Sewer Superintendent, noting that services were available. 2. Mandeville/State Lands MaSub Pre-Application#P-9$05 -(Arkell) Section 36, T1S, R5E - A Major Subdivision Pre-Application Application to allow the subdivision of 314.19 acres into 105 commercial and industrial lots. Assistant Planning Director Debbie Arkell presented the application. She noted the applicants plan to annex to the City and utilize municipal sewer and water. A zone map amendment will be required with the annexation. She noted that due to scheduling conflicts for the applicants, she will reschedule the second meeting with DRC for March 24, and the final meeting for March 31. The Planning Board will review the pre-application, at the applicant's request, on April 21. She noted the applicants are proposing M-1 zoning, which would be in compliance with the PLI Master Plan designation. All streets would be public streets. She noted the location of the Yellowstone Pipeline on this property,and anticipated that it will be an issue. Discussion followed on the water and sewer requirements, street rights-of-way, sewer flow problems from the southeast end,plans for Redwing Drive, the plan for the State Lands parcel on the south side of I-90 to be phase 1,and the impact fees for a preauthorized hook-up. Development Review Committee Minutes-February 24,1998 4 ENGINEERS MORRibON SCIENTISTS .. SURVEYORS I MMERLE, INC. PLANNERS 901 TECHNOLOGY BLVD • P.O.BOX 1113• BOZEMAN,MT 59771 • 406 587-0721 • FAX:406-587-1176 An Employee-Owned Company February 18, 1998 ' RECEEIi E`: "- FES 9 8 M8 ' Mr Andy Epple, Planning Director City-County Planning CITY-G(, Pf.�IrI�IN� ' PO Box 640 Bozeman, MT 59771-0640 ftwe Ratan To ' CITY-COWM Pi AWNG OFFICE 35 N BOZEMAN Subject: Bridger Peaks Town Center Concept Plan Review BOZEWIAN NIT 50716 ' Grant Creek Partners ' Dear Andy: On behalf of the Applicant, Grant Creek Partners, we are pleased to present the Concept Plan ' Review and Preapplication Plan Submittal for Bridger Peaks Town Center. Enclosed please find the completed application, $311.00 review fee and 15 bound sets of the Concept Plan Review and Preapplication Plan Submittal for the subject project. Each set includes the following items: ' ► Cover Letter ► Copy of the Applications ► 8-1/2x11 Zoning Vicinity Map ' ► Site Plan with Statistics (pocket) ► Preapplication Plan with Site and Utility Data(pocket) ► Portion of USGS Topographic Map (pocket) ' ► Summary of Covenants - Example Covenants ► 11x17 copy of Site Plan ► 11x17 Conceptual Elevations The Property Owner, Applicant and Design Team are working together to establish a ' comprehensive open space plan that complies with Section 18.54 of the Bozeman Zoning Ordinance as amended for the North 19`h Avenue Corridor Master Plan Update. 1 Beginning Our Second Half Century -l� MOMSON �J�f�_1 MMERLE,INC. We look forward to working with City Staff, the Planning Board and the City Commission to deliver a quality project situated in the North 19`h Avenue Entryway Corridor. Please call if you ' need additional information or if you have any questions. ' Sincerely, Morrison-Maierle, Inc. ' Keith S. Belden, PE Bozeman Branch Office cc: Dave Hutchinson, Grant Creek Partners ' Mike LaBarre, Fehlman-LaBarre Architecture Planning H A3121\CONCEPT.WPD February 18, 1998 I 1 BOZEMAN CITY-COUNTY PLANNING OFFICE ' CARNEGIE BUILDING - 35 NORTH BOZEMAN 11. O. BOX 640, HOZEMAN, MONTANA 59715 Phone - 140G) 502-23GO FAX - (406) 582-2363 ' PLANNED UNIT DEVELOPMENT ' ------------CONCEPT— PLAN—REVIEW— APPLICATION ----------- A Concept flan Review is mandatory for all planned unit development proposals. This is an opportunity for applicants to discuss requirements, standards, and policies that apply to development proposals and to identify major problems, so that they can be solved before a formal application is made. Upon submiLtal, staff will review the checklist and determine if the applicaLion as submitted is complete. If so, it will be placed on the nexL DcvelopmenL Review Committee (DRC) and Design Review Board (DRB) agendas for initial review. Planned unit developments ' proposing uses not otherwise allowed in the underlying zoning district shall also be reviewed by the Planning Board and the City Commission for conceptual review. Incomplete submittals will be retur•ncd to the applicant. ---------------------------------------------------------- ' 1 . Name and address of property owner: Philip Saccoccia. Jr. 991 East Beach, Pass Christian, MS 39571 Phone: 601-865-3596 ' 2. Name and address of applicant: Dave Hutchinsnn - Grant Crack Partners 248 A. North Higgi,nt Ava_ , Suita 218. Mir nij a, MT Phone: 4Q6-523-5634 . ' 59802 3. Name and address of Engineer/Architect/Planner: See boom 2nd page. Phone: ' 4. Name of project/development: Bridger Peaks Town Center 5. Address of proposed development: NE Corner N. 19th & Oak ' G. Legal description: Tracts 4A &4B COS 1215A 7. Current Zoning B2 Land Area sq.ft. 42.24 acres 8. Describe the proposed development (use additional ,sheets if necessary: Bridger, Peaks own Center - see site Plan ' 9. Review Fee: $220.00 (Minimum fee after refund: $140.00) ' This application must be accompanied by appropriate Pee and the appropriate submiLLal requirements (see attached list) . Property Owner's gnature Applicant's Signature 1 • • 1 CONCEPT PLAN REVIEW SUBMITTAL CHECKLIST 1 Applicant: Grant Creek Partners Subject Property Address: NE Corner N. 19th & Oak 7'Iic following is a checklist of submittal requirements for all Planned Unit Development(PUD) ' Concept Plans. The applicant must complete this checklist along with the items stated for the application to be considered complete. Any items checked"NO"or"N/A"(not applicable)must be explained in a narrative attached to the checklist. 1 Fifteen (15) copies of the conceptual (sketch)drawing must be submitted for review by the Development Rcvicw Committee(DRC)and the Design Review Board(DRB). If the proposed use is not othcnvisc allowed in the underlying zoning district it will also be reviewed by the ' Planning board and the City Commission,and an additional fifteen(15)copies of the conceptual (sketch)drawing must be submitted. YES NO N/A ' 1. Data regarding: a) site conditions ' b) land characteristics X c) community facilities X ' d) utilities _X ' c) general information about adjacent X land uses f) land uses within one-half miles of _X ' the subject parcel 2. Conceptual(sketch)drawing showing the X 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 _X land use allocations by location and as a percent of total site area. 1 . 1 REFERENCE 18.54.050"CONCEPT PLAN SUBMITTAL REQUIREMENTS Or THE BOZEMAN ZONING ORDINANCE. 3.A. Mike LaBarre 1 Fehlmar LaBarre Architecture Planning 452 Eighth Avenue, Suite A San Diego, CA 92101 Tel (619) 234-0789 1 Fax (619) 234-8136 B. Keith Belden Morrison-Maierle, Inc. P.O. Box 1113 1 Bozeman, MT 59715 Tel (406) 587-0721 Fax (406) 587-1176 ' BOZEMAN CITY-COUNTY PLANNING OFFICE CARNEGIE BUILDING-35 NORTH BOZEMAN AVENUE a P.0.BOX 640,BOZEMAN,MT 59771 ' (406)582-2360,FAX 582-2363 SUBDIVISION PRE-APPLICATION ' FOR ALL SUBDIVISIONS ------------------------------------------------------------------------------------------------------------------- Pre-application review is required for all major subdivisions. Prior to the submittal of a preliminary plat liir a minor Subdivision,the subdivider or a representative shall either...ect with the planning ' departnicnt to discuss the subdivision,or submit an application for prc-applicationrcvicw. TEN(10) copies ol'the prc-application materials outlined on the "Subdivision Procedures Form" shall be submitted with this application. ------------------------------------------------------------------------------------------------------------------- ' 1. Name and address of property owner: Philip Saccocci a Jr. ' 991 East Beach, Pass Christian, MS 39571 Phone: 601-865-3596 2. Name and address of applicant/representative: Dave Hutchinson-Grant Creek Partners ' 248 A North Higgins Ave., Suite 238, Missoula Phone: 406-523-5634 MT 59802 3. Name of Subdivision: Bri dger Peaks Town Center ' 4. Location(legal): Tracts 4A & 4B COS 1215 A ' Common address: NE Corner N. 19th Ave. & Oak St. 5. First Minor Subdivision Created From a Tract of.Record ' Second or Subsequent Minor Subdivision Created From a Tract of Record X Major Subdivision 6. Acres: Gross: 42.24 Net: 7. Total Number of Lots: 11 ' 8. School District: Bozeman No. 7 Fire District: Bozeman ' 10. Indicate the proposed usc(s)and number of lots,spaces,or units for each use: Residential,single family Residential,multiple family _ x_ Planned Unit Development Condominium Townhouse Recreation or Second Home Mobile Home.Park Recreational Vehicle Park X Commercial ' Industrial Other(please describe in narrative) ' F:\FORMS\CITY\PREAP.FRM ' 1 1. Current land use: Vacant; Agriculture 12. Existing zoning or other regulations: Commercial BZ ' 13. Depth to ground water: 4' to 6' Depth to bedrock,etc. N/A 14: Revicw Fcc: $100,plus$1 per lot ' The correct number of topics plus one copy of the completed Subdivision Procedures Conn must be submitted,with the appropriate fee,or the application will not be accepted. This application form must be signed by the applicant and the property owner(if different). ' Appplicant's Signature Property 0 er's Signature Fv�: C�c••..� Cce�.k P�r�ner� Date: 2 f 1"7 19E� Date: 1 U ' F:\FORMS\CITY\PREAP.FRM r ' BOZEMAN.CITY-COUNTY PLANNING OFFICE SUBDIVISION PROCEDURES FORM FOR PRE-APPLICATION SUBMITTALS ---------- -------------------------------------------------------------------------------------------------------- ' This form is used to evaluate and accept applications forpre-application review. Failure to provide all applicable information will result in an incomplete submittal and will cause a delay in the review ' of the project. This form must be completely filled out and returned with the appropriate fee and application. ------------------------------------------------------------------------------------------------------------------- ' NAME OF PROJECT: Bridger Peaks Town Center TYPE OF PROJECT: MINOR X MAJOR PRE-APPLICATION PROCEDURE AND SUBMITTAL REQUIREMENTS The prc-application plan may be a free-hand sketch, legibly drawn, showing approximate ' boundaries, dimensions, areas and distances. The plan may be drawn directly on a print of a topographic survey required for the preliminary plat. All applications and submittal material, including all copies of plats,shall be bound and folded into complete 8%:"x I I"or 8%:"x 14" ' sets ready for distribution. All plats shall be on one or more sheets either 18"x 24"or 24"x 36" in size,and shall be folded and included in the bound material. Pre-application review is required for major subdivisions. In addition to a pre-application,the subdivider,or his/her representative,is encouraged to meet with the planning department prior to submitting a plan or plat to discuss the Subdivision Regulations and standards, familiarize the subdivider with the goals and objectives of applicable plans, regulations and ordinances, and to ' discuss the proposed subdivision as it relates to these matters. Prior to the submittal of a preliminary plat application for a minor subdivision,the subdivider or a i•cprescntativcsl,all citl,cr inect with tlic planning department to discuss the above issues, ' or sub mit an application for prc-application review. The planning department may,during a pre- submittal meeting,require a subdivider to submit a pre-application plan. ' The planning department will distribute the prc-application information to appropriate agencies for review and comment. Within fifteen(15)working days of the receipt of a complete pre-application submittal,the planning department will advise the subdivider as to whether the plans and data meet the goals and objectives of applicable plans and the Subdivision Regulations. All written comment ' received from other agencies will also.be forwarded to the applicant to aid in the preparation of the preliminary plat. ' A subdivider may request in writing that the Planning Board review the pre-application plans. The letter of request and twenty(20)copies of the pre-application materials are required for this optional review. The request must be received at least fifteen(15)working days prior to the Planning Board meeting at which it is to be considered. A copy of the approved minutes of the Board meeting will ' then be forwarded to the subdivision,in addition to other agency comments. TEN(10)COPIES of the prc-application materials are required,unless a different number of copies ' is agreed to in a pre-submittal meeting. The prc-application plan shall include the following information: (refer to Chapter 16.08, Bozeman Area Subdivision Regulations, for full requirements): ' F:\F0RMS\C1TY\PREAPPR0.FRM i A. A Sketch Map Showing • YES NO N/A ' 1. Titic block indicating proposed name, 1/4 section,section,township,. ' range,Principal meridian,and county of subdivision X 2. Scalc,north arrow,name and addresses of owners and subdividers,and X date ol'plat preparation ' 3. Block and lot boundary lines,with lot numbers,dimensions,and areas X 4. Location,name,width and owner of existing or proposed streets,roads,and ' casements within the proposed subdivision and within adjacent subdivisions and X tracts;and name of street or road that provides access to the subdivision from the nearest public r/w 5. Boundaries,dimensions,and areas of ark,common open space,or other public X areas 6. Sites for all uses other than single family X 7. Name of adjoining subdivisions and numbers of adjoining COS,along with X adjacent lot and tract lines S. Location of all existing structures,railroads,power lines,towers and X ' improvements inside the proposed subdivision and within 100 feet of the proposed subdivision 9. Zoning classification within the proposed subdivision and adjacent to it. X ' Indicate the proposed zoning if a change is contemplated 10. Current topographic map at largest scale available with subdivision outlined X thca-con ' 11. L'•mbanknients,water courses,drainage channels,areas of seasonal water X ponding,areas within designated floodway,marsh areas,wetlands,rock outcrops, wooded areas,noxious weeds,and areas of active faults 12. Location,size and depth of existing and proposed sanitary and storm sewers, X water mains, fire hydrants,gas Fines,electric and telephone lines,sewage and water treatment facilities and storm water storage facilities 13. 1 f phased,an overall development plan indicating future development of X remainder tract B. A list of variance requests(refer to 16.30.010 for further variance information). 1 F:\FORMS\CITY\PREAPPRO.FRM P E APPRO.FRM o .. e. _ Brid er Peaks; Town Center . g 4 _ Zoning Vicinity Map t j m-2 ' M-1 M .. ., _ axter L ne 190 Legend I _ ell, Y -13 i — Property Property Vacant Land ' Vacant Land ' ' Oak Str et Covered Wagon ' Mobile Horne Pa { f R R_2_A tAS �. . EMERY 4� A s . ,,fix��,s 1 . ' ` ��; ,. .. :--�. yS R- JR] F. : ;. - 4 IE STS RS k a' RS- ,i �Nil R :.� NCE.945 w:-4 R- 3 R 3--.A.` a- `, I il�q-3s '. - . � _.�...�.._.__-�n �ptow.-o ca.A�ny .. �. ;� ► DECLARATION OF CONSTRUCTION AND OPERATION COVENANTS AND RESTRICTIONS AND GRANT OF EASEMENTS (CC&R's) The above titled document will be a recorded encumbrance on all of the property to be developed as a shopping center. These CC&R's are an approximately fifty page comprehensive document that will"run with the land"and overlay all parcels to be created by the mapping procedure within the project's boundaries. This governing document will apply to any user within the subject project whether in a space that is just a leasehold interest in a shop building or a parcel of fee interest land purchased with the intent of building a freestanding building. Since it is the goal of the developer/owner to optimize the construction and subsequent operation of the shopping center as an integrated project even though there might be multiple tenancies and ownerships within the project, it is necessary to establish certain covenants that, in perpetuity, will govern current and future architectural standards,tvpe of construction,use,operation and maintenance of the facilities comprising the project. All future tenants and/or parcel owners shall take occupancy or title subject to these Declarations which will be monitored and enforced by the ownership and management of the project. Two of the most significant Articles within this Declaration deal with automobile traffic and parking. Article 4.01 provides for"cross easement agreements"that permit traffic to cross freely from parcel to parcel irrespective of legal ownership. This allows for a natural circulation and flow of automobiles within the project. Also, since the parking fields of the project are designed in a cohesive fashion to alleviate congestion and provide convenience for the customer,Article 5.02 permits these automobiles to park wherever it is most convenient and logical,again,irrespective of ownership. Uses within a project as proposed need to be governed to provide for compatibility of the tenant mix and are much more restrictive than the overlaying zoning might dictate. Some of these restrictions are identified in Article VI. Likewise, the ongoing property management of the project to keep it in a"first class condition" is of singular importance and requires the participation of all occupants whether leasehold or fee interest. Article 7.02 insures that the maintenance and operation of all facilities are required to meet specific standards established by this document and give the power to enforce such standards to the owner of the project and not just to those tenants that might own their own parcels. Exhibit"G"of the Declaration establishes the Rules and Regulations in place that govern the day-to-day operation of the various businesses within the project. Advertising displays,trash,truck deliveries and hours of delivery are all regulated. The conduct of the tenants and their employees as well as the use of the common areas is governed. Disturbances and/or noise violations that prevent all occupants from"quiet enjoyment"are governed as is defacement of the property and unlawful gathering. All of the items covered within this Declaration are not meant to be restrictive or prohibitive but are intended to protect the interest of all project occupants and allow them to conduct their business in an atmosphere that is the most conducive to operating a successful business. Secondarily, these Declarations will provide for a project that will always maintain a"curb appeal"because of the focus on how the project is maintained and operated. DECLARATION OF CONSTRUCTION AND OPERATION COVENANTS AND RESTRICTIONS AND GRANT OF EASEMENTS Montana ' TABLE OF CONTENTS ' RECITALS ARTICLE I - DEFINITIONS 1.01 Assessment Lien 1.02 Benefited Parcel 1.03 Building Area 1.04 Burdened Parcel 1.05 Common Area 1.06 Common Area Maintenance Costs 1.07 Common Area Improvements 1.08 Conditions of Approval 1 1.09 Default Rate 1.10 Developer 1.11 Developer Stores 1.12 Environmental Laws 1.13 Floor area- 1.14 Grantee 1.15 Grantor 1.16 Hazardous Material 1.17 Lot 1.18 Mortgage; Mortgagee 1.19 Occupant 1.20 Outside Sales Area 1.21 Parcel 1.22 Parcel Map 1 1.23 Parcel Owner 1.24 Parking Areas 1.25 Permittees 1.26 Person 1.27 Project Architect 1.28 Property 1 1.29 Rules & Regulations 1.30 Shopping Center 1.31 Site Plan 1.32 Store or Shores GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 1 1 ARTICLE II - CONSTRUCTION OBLIGATIONS 1 2.01 Construction of Common Area Improvements 2.02 Construction of Developer Stores 2.03 Common Utilities 2.04 Construction of Other Stores 2.05 General Construction Requirements 2.06 Construction Along Common Boundary Line 2.07 Mechanic's or Construction Lien 2.05 Undeveloped Building Area tARTICLE III - SIGNS 3.01 Signs 1 ARTICLE IV - EASEMENTS 4.01 Ingress, Egress and Parking 4.02 Utilities 1 4.03 Construction Maintenance and Reconstruction 4.04 Surface Drainage Easement 4.05 Restriction on Grant of Easement 4.06 Term and Limitation of Easements, Covenants and Conditions .4.07 Benefit and Burden to Run with the Land ' ARTICLE V - SHOPPING CENTER DEVELOPMENT RESTRICTIONS 5.01 General.Restrictions 5.02 Parking Standards 5.03 Obstructions 5.04 Specific Limitations ARTICLE VI - USE RESTRICTIONS 6.01 Use in General 1 6.02 Generally Prohibited Uses 6.03 Noninterference With Common Area 6.04 Conditions of Approval 6.05. Rules and Regulations 6.06 Deliveries and Exterior Maintenance Work 6.07 Specific Use Restrictions 6.08 Additional Use Restrictions and Requirements ARTICLE VII - MAINTENANCE AND REPAIR 7.01 Utilities GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 2 Common Area Maintenance 7.02 C � 7.03 Common Area Maintenance Costs ' 7.04 Payment of Common Area Maintenance Costs 7.05 Building Improvements 7.06 After-Hours Lighting ARTICLE VIII - DAMAGE TO IMPROVEMENTS 8.01 Restoration of Common Area 8.02 Restoration of Stores 8.03 Clearing of Premises ARTICLE IX - EMINENT DOMAIN ARTICLE X - TAXES AND INSURANCE ' 10.01 Realty Taxes and Assessments 10.02 Indemnification 10.03 Casualty Insurance and Restoration ' 10.04 Parcel Owners' Liability Insurance 10.05 Blanket Insurance 10.06 Release and Waiver of Subrogation- ARTICLE XI - ENVIRONMENTAL MATTERS 11.01 Duties of Parcel Owners 11.02 Specific Substances 11.03 Permitted Use, Storage, Handling and Disposal of Hazardous Materials ARTICLE XII - LIENS 12.01 Assessment Lien 12.02 Assessments as Personal Obligations 12.03 Superiority of Assessment Lien 12.04 Release of Assessment Lien 12.05 Litigation of Assessment Lien ARTICLE XIII - MISCELLANEOUS 13.01 Notices 13.02 Binding Effect 13.03 Breach Shall Not Permit Termination 13.04 Legal Action i 13.05 Breach - Effect on Mortgagee and Right to Cure 13.06 Effect on Third Parties GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 3 r13.07 No Partnership 13.08 Modification ' 13.09 Severability 13.10 Governing Law 13.11 Terminology; Captions 13.12 Counterparts 13.13 Consent _ 13.14 Estoppel Certificate 13.15 Not a Public Dedication 13.16 Release 13.17 Time of Essence 13.18 Excuse for Nonperformance 13.19 Duration 13.20 Waiver of Default 13.21 Common Ownership SIGNATURE OF GRANT CREEK PARTNERS ' EXHIBITS EXHIBIT "A" Legal Description of Property EXHIBIT "B" Parcel Map ' EXHIBIT "C" Conditions of Approval EXHIBIT "D" Site Plan EXHIBIT "E" Building Elevations EXHIBIT "P" Sign Criteria EXHIBIT "G" Rules and Regulations EXHIBIT "H" Height Limitations 1 ' ANT W CENTER RATION OF COVENANTS PAGE 4 GRANT CREEK TOWN CE ER DECLARATION DECLARATION OF CONSTRUCTION AND OPERATION COVENANTS AND RESTRICTIONS AND GRANT OF EASEMENTS , Montana THIS DECLARATION OF CONSTRUCTION AND OPERATION COVENANTS AND RESTRICTIONS AND GRANT OF EASEMENTS (the "Declaration") is made on 1998, by (referred to in this Declaration as t' "Developer"). ' RECITALS A. All capitalized terms are defined in these Recitals or Article I below and, except as otherwise noted, each definition applies where appropriate to the context, to the noun (singular and plural), adjective and verb forms of the defined term. References to "Articles" and "Exhibits" are to the corresponding parts of this Declaration. B. Developer is the owner of the real property located in the City of ("City"), County of ('County"), State of Montana ("State"), ' described in Exhibit "A" which is attached to this Declaration (the 'Property") and shown on the map which is attached to this Declaration as Exhibit B (the "Parcel Map"). C. Developer desires to develop and operate the Property as a retail.shopping ' center (the "Shopping Center') and, therefore, wishes to establish certain easements, covenants and restrictions on the Property and/or portions of the Property. D. In connection with the development of the Shopping Center or thereafter, Developer may further subdivide, sell, convey, lease or hypothecate all or portions of the ' Property. NOW, THEREFORE, in recognition that for the optimum development and operation ' of the Shopping Center as an integrated project, it is necessary that Developer establish certain covenants running with the land respecting certain matters, including but not limited to matters relating to the construction and maintenance of facilities on, and the use and restrictions on the use of, the Property. Developer declares that all Persons who acquire or occupy portions of the Property and the Shopping Center shall take subject to this Declaration in order that all development on the Property and the operation of the ' Shopping Center will be.in conformity with this Declaration. Notwithstanding a conflict between the terms of this Declaration and the provisions of a particular agreement such as' a tenant lease or other occupancy agreement between a Parcel Owner and its Occupant, (1) as among the Parcel Owners and their respective successors and assigns, this Declaration shall control over such an agreement, and (ii) all Occupants shall be bound by the terms of Articles I, III, IV, V, VI and XI of this Declaration and the Rules and ' Regulations, if any, attached to this Declaration, except to the extent that the provisions contained in such Articles and Rules and Regulations indicate that the terms of an Occupant's lease may control. In all other respects, the terms of an Occupant's lease shall GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 5 control over any conflicting provision of this Declaration. ' ARTICLE I DEFINITIONS ' 1.01 Assessment Lien. "Assessment Lien" is a lien placed on a defaulting Parcel Owner's Parcel for sums owing to Developer under the provisions of this Declaration. 1.02 Benefited Parcel. "Benefited Parcel" is any Parcel benefited by an easement, covenant, condition or restriction made or suffered by a Parcel Owner by the terms of this Declaration. Any such benefit shall run with the land in favor of the Parcel ' Owner(s) of the Benefited Parcel(s), and shall be enforceable as an appurtenant easement, covenant running with the land, and/or as an equitable servitude. 1.03 Building Area. "Building Area" is any portion of the Shopping Center within "building limit lines," as shown on the Site Plan. Building Area represents the only area within which Store buildings are permitted. The precise location of any Store within its Building Area is subject to Developer's prior approval. The proposed locations of Stores within their respective Building Areas are depicted on the Site Plan; however, the precise configuration of the Stores Is subject to change within the pertinent Building Area. Vertical improvements, other than pylon signs, monument signs and trash enclosures, may be located only in a Building Area. Building canopies and other architectural treatments, ' loading docks and ramps, staging, storage and Outside Sales Areas, and ""drive-thru"" areas may be located outside Building Areas if approved by Developer or if shown on the Site Plan as lying outside the Building Area. 1.04 Burdened Parcel. "Burdened Parcel" is any Parcel subject to and burdened by an easement, covenant, condition or restriction made or suffered by a Parcel Owner by the terms of this Declaration. Any such burden shall run with the land and bind all Parcel Owner's) of the Burdened Parcel(s) and shall be enforceable as an appurtenant easement, covenant running with the land and/or equitable servitude. ' 1.05 Common Area. "Common Area" is that portion of the Shopping Center intended for the nonexclusive use by all Parcel Owners, Occupants and Permittees, and shall include all areas of the Shopping Center, together with the Common Area Improvements constructed on the Property, other than (1) any area designated on the Site Plan as Building Area and/or actually occupied by building improvements and (ii) any ' loading dock, ramp, storage or staging area or ""drive-thru"" area utilized by a single Occupant. Following the development of a Store within its Building Area, the portion of such Building Area not actually used for vertical improvements or for a loading dock, ramp, ' storage or staging area, or'°'drive-thru"" area approved by Developer shall be improved as and shall be deemed a part of the Common Area. All non-Building Areas on a Parcel (excluding any loading dock, ramp, storage or staging area utilized by a single Occupant) ' shall be improved as, and shall be deemed to be, Common Area for purposes of this Declaration. GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 6 r1.06 Common Area Maintenance Costs. "Common Area Maintenance Costs" are all expenditures, costs, premiums and expenses incurred by Developer during any r given accounting period for maintenance, lighting and security, repair, or replacement of the Common Area, including, but not limited to, those items listed in Section 7.03. ' 1.07 Common Area Improvements. "Common Area Improvements" are the improvements depicted on the Site Plan as within the Common Area and the common utility lines and systems to be constructed by Developer, all directional signs, Shopping ' Center identification signs including pylon or monument signs (excluding, however, any portion of such signage that relates to a particular Occupant), Parking Areas, curbs, sidewalks and any landscaped areas within the Common Area plus any other common ' facilities in and/or under the Shopping Center. 1.08 Conditions of Approval. "Conditions of Approval" are the conditions contained in the Montana Department of Health and Environmental Sciences Certificate of Subdivision Plat Approval which is attached to this Declaration as Exhibit "C", and incorporated into this Declaration, which are conditions to the creation of the Parcels ' comprising the Shopping Center and/or the City's development permits or approvals for the Shopping Center. ' 1.09 Default Rate. "Default Rate" is the lower of fifteen percent or a rate equal to six percent (6%) in excess of the base rate on corporate loans posted by at least seventy- five percent of the nation's thirty largest Banks, as published by the Wall Street Journal. 1.10 Developer. "Developer" means the owner of Lot of During the initial development of the Shopping Center, the Developer will be ' 1.11 Developer Stores. "Developer Stores" are the multi-tenant buildings to be constructed by Developer within unspecified Building Areas located within the Shopping Center. r1.12 Environmental Laws. "Environmental. Laws" are all present and future federal, state or local. laws, ordinances,. rules, regulations, decisions and other ' requirements of governmental authorities relating to the environment or to any Hazardous Material, including the following federal laws, as they may have been amended from time to time: The Comprehensive Environmental Response, Compensation and Liability Act, r the Superfund Amendment and Reauthorization Act of.1986, the Resource Conservation and Recovery Act, the Hazardous Materials Transportation Act, the Clean Water Act, the Clean Air Act, the Toxic Substances Control Act, the Safe Drinking Water Act, equivalent Montana statutes, and regulations adopted, published and/or promulgated pursuant to those laws. 1.13 Floor Area. "Floor Area" is the aggregate number of square feet of floor space;from time to time, of all floors in any structure, whether roofed or not, whether or not actually occupied, including basement areas, subterranean areas, mezzanines and r GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 7 r ' upper-story floors (except as provided below) measured from the exterior faces or the exterior lines of the exterior walls (including basement walls) or, in those instances where ' a common wall exists, measured from the mid-point of any such common Nall which an Occupant shares with another Occupant. The term "Floor Area" shall not include any bf the following: (a) the upper levels of any multi-deck stock areas created for convenience to increase the usability of space for stock purposes; (b) areas, whether physically separated or whether otherwise required by building codes, which are used exclusively to house building operating equipment ' not belonging to an Occupant and not exclusively serving a specific Occupant's premises such as building mechanical, electrical, telephone, telecommunications, and HVAC equipment; . c all service areas, truck loading areas, truck parking, turn around and ( ) 9 P 9 dock areas and ramps and any "drive-thru" areas; ' (d) all Common Areas; and ' (e) . a Shopping Center management office. Within thirty (30( days of opening its store for business each Parcel Owner's ' architect shall certify to Developer the amount of Floor Area applicable to each building on its Parcel. In addition, before the scheduled opening date of a Parcel Owners Store and within ninety (90) days after the actual date of opening of the Store, the Project Architect ' shall have the right to enter the Store for the purpose of measuring the Floor Area of the Store. A copy of the Floor Area calculation shall be provided to both Developer and Parcel Owner. If the Floor Area measurement obtained by the Parcel Owner is more than two ' percent (2%) less than the Project Architect's measurement, the Parcel Owner may elect to dispute the Project Architect's statement of Floor Area by providing Developer written notice of such deviation and providing Developer with a copy of the Parcel Owner's lower ' Floor Area measurement certified by the Parcel Owner's architect or engineer. If such a dispute arises, Developer and the Parcel Owner or their representatives shall meet and ' use their good faith efforts to agree on the proper measure of Floor Area for purposes of this Declaration. If such an agreement is not reached within thirty (30) days of the Parcel Owner's election to dispute the Project Architect's measurements,'this matter shall be subject to arbitration by a neutral architect or engineer selected by the Developer and the Parcel Owner; provided. However, that if either party refuses to reasonably cooperate with the selection of an arbitrator, or the commencement and the completion of Vie arbitration, ' the Floor Area measurement of the other party shall govern for purposes of this Declaration. All Floor Area measurements shall be made in conformity with the foregoing definition of Floor Area. If any Parcel Owner causes an as-built survey to be prepared with respect to any portion of the Shopping Center, such Parcel Owner shall furnish a copy of the survey to the other then-existing Parcel Owners for informational purposes only. GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 8 ' During any period of rebuilding, repairing, replacement, or reconstruction of a building, the Floor Area of that building shall be deemed to be the same as existed ' immediately prior to that period. Upon completion of the rebuilding, repairing, replacement, or reconstruction, the Parcel Owner upon whose Parcel the building is located shall cause a new determination of Floor Area for the building to be made in.the manner described ' above, and the determination shall be provided to Developer. 1.14 Grantee. "Grantee"is any Parcel Owner(including Developer) of a Benefited ' Parcel in which Parcel's favor a Grantor has reserved or granted any easement, covenant, condition, or restriction, whether by a separate grant or conveyance or by virtue of taking title subject to this Declaration. 1.15 Grantor. "Grantor" is any Parcel Owner (including Developer)`of a Burdened Parcel that is subject to any easement, covenant, condition, or restriction reserved or ' granted, whether by a separate grant or conveyance or by virtue of taking title subject to this Declaration. ' 1.16 Hazardous Material. "Hazardous Material" shall mean materials and substances defined as"hazardous substances,""hazardous materials,""hazardous waste," "toxic substances," including asbestos, polychlorinated biphenyls, petroleum (or petroleum ' fuel products), hydrocarbonic substances, and constituents of any of the foregoing, or other similar designations under any Environmental Laws or any regulations promulgated thereunder; and further, any substance or material which because of toxicity, corrosivity, ' reactivity, ignitability, carcinogenicity, magnification or concentration within biologic chains presents a demonstrated threat to biologic processes when discharged into the environment ' 1.17 Lot. See Section 1.21 below. ' 1.18 Mortgage and Mortgagee: The term "Mortgage" means (a) any mortgage, trust indenture, deed of trust, or contract for deed on the interest, whether fee or leasehold, ' of a Parcel Owner in a Parcel and, to the extent applicable, a "sale and.leaseback" or "assignment and subleaseback" transaction entered into for financing purposes. "Mortgagee" shall mean a mortgagee under a mortgage, the trustee and the beneficiary ' under a trust indenture or deed of trust, or the seller under a contract for deed, and to the extent applicable, a fee owner or lessor or sublessor of any Parcel which is the subject of a lease under which any Parcel Owner becomes a lessee in a so-called "sale and ' leaseback" .or "assignment and subleaseback" transaction entered into for financing. purposes. ' 1.19 Occupant. "Occupant' shall mean any Person from time to time entitled to the use and occupancy of any portion of a building in the Shopping Center under an ownership right or any lease, sublease, license, concession or other similar agreement. ' 1.20 Outside Sales Area. Any area used by an Occupant for temporary or permanent sales, display, customer service or seating and/or storage purposes, including GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 9 1 but not limited to patio areas, which areas are located outside of the structure of that Occupant's building. As set forth in Section 6.03, Outside Sales Areas are subject to ' Developer's approval. 1.21 Parcel. The terms "Parcel" and "Lot' are used interchangeably in this ' Declaration. A "Parcel" or"Lot" is any of the lots or tracts which comprise the Property until such time as one or more of such lots or tracts are re-subdivided into a different configuration of legal lots, or a new legal lot is added to the Property, or one or more of the ' existing lots or tracts are modified. Effective upon any such change or addition; "Lot(s)" or "Parcel(s)" shall mean the legal lots comprising the Property. ' 1.22 Parcel Map. "Parcel Map" is the map of the Property which is attached to this Declaration as Exhibit B. 1.23 Parcel Owner. "Parcel Owner" is the Person who owns the fee interest in a Parcel, unless the Parcel is subject to a contract or contracts for deed, in which case the "Parcel Owner" is the buyer under the most recent contract for deed. The identity of the ' Parcel Owner will be determined from the Official Records of the County Recorder, as of the date of the exercise*of powers or rights or the performance by such Parcel Owner of obligations created by this Declaration. Such reference shall include any Person designated in writing by the Parcel Owner to act in the manner and at the time provided herein with complete authority and in the place of such Parcel Owner in the matter for ' which action is taken, powers exercised, or performance required, provided such written authority shall be recorded in the Official Records of the County Recorder, and provided further that: i (i) If the whole of the interest of any Parcel Owner in and to the Parcel in which such Parcel Owner has an interest is assigned, transferred, or conveyed, provided such Parcel ' Owner does not retain any beneficial interest other than under the terms of a contract for deed, trust indenture, deed of trust, or mortgage or without simultaneously acquiring a new interest by way of leasehold, life estate or other possessory interest, then the powers ' conferred upon such Parcel Owner shall be deemed assigned, transferred or conveyed and the obligations assumed with its interest; ' (ii) If the whole of the interest of a Parcel Owner in and to the Parcel in which it has a present interest is assigned, transferred or conveyed, but a new interest is created in such Parcel Owner simultaneously with the assignment, transfer or conveyance of such ' interest by way of leasehold or similar possessory arrangement, or in the event such Parcel Owner shall convey its interest in said Parcel or any part thereof by mortgage, trust indenture, deed of trust, or other security instrument as security for indebtedness, then ' none of the powers or obligations conferred upon such Parcel Owner shall be assigned, transferred, conveyed or released, but all of the powers and obligations referred to in this Declaration shall remain in such Parcel Owner so long as it retains any possessory interest ' in and to said Parcel other than as a beneficiary under the terms of a deed of trust or mortgage. In the event the interest of such Parcel Owners referred to in this subparagraph (ii) shall cease and terminate, then upon such termination the powers and/or obligations GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 10 r • rof such Parcel Owner shall otherwise vest in accordance with the other provisions of this Section; and r (iii) If a Parcel Owner transfers its present interest in its Parcel or a portion of that interest in such a manner as to vest its interest in its Parcel in more than one Person, then ' not less than fifty-one percent (5.1%) in interest of the transferees shall designate one of their number to act on behalf of all of the transferees in the exercise of the powers granted to the Parcel Owner under this Declaration. So long as the designation remains.in effect, ' the designee shall be a Parcel Owner under this Declaration and shall have the power to bind such Parcel and such transferees, and such transferees shall not be deemed to be Parcel Owners. Any such designation must be in writing and served upon the other Parcel Owners hereto by registered or certified mail, and must be recorded in the Official Records of the County. In the absence of such written designation with respect to the exercise of the powers vested by this instrument, the acts of the Persons constituting Parcel Owner ' whose interest is so divided shall be binding upon all Persons having an interest in such Parcel until such time as written notice of such designation is given and recorded in the Official Records of the County. ' . 1.24 Parking Areas. "Parking are all vehicular parking spaces, driveways, and loading areas, and includes the areas shown as "Parking Areas" on the Site Plan plus ' any Building Area not used for Store improvements and designated as Parking Area by Developer. ' 1.25 Permittees. "Permittees" shall mean the Parcel Owners and all Occupants and their respective officers, directors, employees, agents, contractors, customers, ' vendors, suppliers, visitors, invitees, licensees and concessionaires insofar as their activities relate to the intended use of the Shopping Center. Among others, Persons engaging in the following activities on the Common Area will not be considered to be Permittees, except to the extent such activity is protected under the United. States Constitution or the State Constitution as a free speech activity: (i) Exhibiting any placard, sign or notice; ' (ii) Distributing any circular, handbill, placard, or booklet; (iii) Soliciting membership or contributions in or for any organization; (iv) Parading, picketing or demonstrating; or ' (v) Failing to follow regulations relating to the use of the Shopping Center ' 1.26 Person. "Person" or "Persons" is any individuals, partnerships, firms, associations, joint ventures, corporations, limited liability company, or any other form of entity. r1.27 Project Architect. "Project Architect" is the licensed architect designated from time to time by Developer to render advice and to make judgments respecting the ' design of the Shopping Center. Initially, the Project Architect is Fehlman-Labarre, 452 Eighth Ave. Suite A, San Diego, CA 92101. 1 GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 11 1 ' 1.28 Property. "Property' is the real property described in Exhibit A, and any real property which may subsequently be made subject to this Declaration by amendment of ' this Declaration. This term is sometimes used interchangeably with the term "Shopping Center." 1.29 Rules and Regulations. "Rules and Regulations" are those rules and regulations adopted by Developer, from time to time, pertaining to the operation and use of the Common Area by all Parcel Owners, Occupants, and Permittees. ' 1.30 Shopping Center. "Shopping Center' shall mean the retail or commercial development and related Common Area on the Property. This term is sometimes used ' interchangeably with the term "Property." 1.31 Site Plan."Site Plan" is the site plan attached to this Declaration as Exhibit "D" and incorporated by this reference; as it may be amended from time to time by Developer. ' 1.32 Store or Stores. "Store or Stores" is any building located in an area of the Shopping Center designated on the Site Plan as Building Area. ' ARTICLE II CONSTRUCTION OBLIGATIONS ' 2.01 Construction of Common Area Improvements. Prior to the grand opening of the Shopping Center and subject to Sections 2.08 and 5.01(d), Developer shall construct, or cause to be constructed, the Common Area Improvements substantially as shown on the Site Plan. ' 2.02 Construction of Developer Stores. Prior to the grand opening of the Shopping Center, Developer shall construct, or cause to be constructed, the Developer Stores substantially as shown on the Site Plan and the elevationsattached to this ' Declaration as Exhibit "D" and "E". Stores to be located within the Building Areas on Parcels may be commenced or completed after the grand opening date (see Section 2.08). 2.03 Common Utilities. Developer shall construct, or cause to be constructed, all common utilities required by the Developer Stores, and at a minimum Developer shall ' construct, or cause to be constructed, common utilities required by other Stores up to or within fifteen feet (16), but not within the boundaries, of each Building Area. Common utilities include, without limitation, the systems for storm drains, sanitary sewer, water (fire and domestic), natural gas, electricity, and telephone. 2.04 Construction of Other Stores. In order to maintain an architecturally ' compatible Shopping Center, the initial construction of all buildings in the Shopping Center (and any subsequent additions., alterations, exterior remodeling, or reconstruction of buildings in the Shopping Center) shall be performed only in accordance with approved GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 12 1 1 plans for the work as provided in this Declaration. Prior to commencing such work, each constructing Parcel Owner shall submit to Developer detailed plans and specifications as ' to the exterior of the Store including exterior elevations, descriptions of colors and materials to be used, layouts and descriptions of exterior landscaping, exterior wall configurations,' door and storefront configurations, canopies and overhangs, column ' locations, lighting fixtures, proposed roof plans, all surface drainage features, if any, and exterior sign dimensions, . colors, treatments and locations. Developer shall either reasonably approve, disapprove, or make recommendations for change in such plans ' within thirty (30) days of receipt of the plans. After any disapproval or recommendation for change, the constructing Parcel Owner shall consult with Developer to establish approved plans for the exterior portion of the proposed work. If the Parcel Owner and Developer disagree after consultation, Developer's decision shall be final. Approval of such plans by the Developer shall not constitute assumption of responsibility for the accuracy, sufficiency, or appropriateness of the plans, nor shall approval constitute a representation or warranty. ' that the plans comply with applicable laws. No material deviation shall be made from the approved plans without the prior written approval of the Developer. ' 2.05 General Construction Requirements. (a) Building Area. All Stores to be constructed by Parcel Owners may be ' located only within the Building Areas designated on the Site Plan for those Stores and if a maximum floor area designation for any building is shown on the Site Plan or imposed by Article 5 of this Declaration, the designation shall not be exceeded. (b) Compliance With Laws. All construction activities performed by a Parcel ' Owner within the Shopping Center shall be performed in compliance with all laws, rules, regulations, orders and ordinances of the city, county, state, and federal governments, or any department or agency thereof, affecting improvements constructed within the Shopping ' Center. (c) Interference. The construction activities of a Parcel Owner shall not: ' (i) cause any unreasonable increase in the cost of constructing improvements upon another Parcel Owner's Parcel; (ii) unreasonably interfere with construction work being performed on any other part of the Shopping Center; (iii) unreasonably interfere with the use, occupancy, or enjoyment of any part of the remainder of the Shopping Center by any other Parcel Owner, its occupants, ' or its Permittees; (iv) cause any other Parcel Owner to be in violation of any law, rule, ' regulation, order,.or ordinance of the City, County, State or federal government, or any department or agency of those governments. GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 13 ' (d) General Construction Indemnity. Each Parcel Owner shall defend, indemnify and hold harmless each other Parcel Owner from all claims, actions and proceedings and costs incurred in connection therewith (including reasonable attorneys' fees and costs of suit) resulting from any accident, injury, loss, or damage whatsoever occurring to any Person or to the property of any Person arising out of or resulting from the ' performance of any construction activities performed or authorized by such indemnifying Parcel Owner. Any damage occurring to any portion of the Shopping Center as a result of such construction work shall be the responsibility of the Parcel Owner performing such ' construction work or causing such construction work to be performed and shall be repaired by such Parcel Owner, at such Parcel Owner's sole cost and expense, to the same condition as existed immediately prior to such work promptly upon the completion of such ' construction work. (e) Staging Storage and Access Points. Prior to constructing, reconstructing, ' remodeling, or enlarging a building on its Parcel, a Parcel Owner shall give Developer at least thirty (30) days prior notice of the proposed location of any temporary staging and ' storage area. All storage of materials and the parking of construction vehicles, including vehicles of workers, shall occur on the portions of the Parking Area which are on or adjacent to the constructing Parcel Owners Parcel, and which will not unreasonably interfere with access between that Parcel, the other areas of the Shopping Center, and the public streets or roadways adjacent to the Shopping Center. All laborers, suppliers. contractors and others connected with such construction activities shall use only the ' access points located upon the constructing Parcel Owner's Parcel unless that Parcel has no access points to a public street, in which case such Persons shall only use the access points approved by Developer. If substantial work is to be performed, the constructing ' Parcel Owner shall fence off the temporary staging and storage area. Upon completion of the work, the constructing Parcel Owner shall restore the affected Common Area to a condition at least equal to that existing prior to commencement of the work. ' (f) Temporary License. Each Parcel Owner and its contractors, materialmen, and laborers shall have a temporary license for such access and passage over and across the ' Common Area as shall be reasonably necessary to construct and/or maintain improvements on the Parcel of such Parcel Owner; provided, however, that this license shall be in effect only during periods when actual construction and/or maintenance is being performed, and provided further that the use of this license shall not be exercised so as to unreasonably interfere with the use and/or operation of the Common Area by others. Any Parcel Owner availing itself of the temporary license shall promptly pay all costs and expenses associated with such work, shall diligently complete such work as quickly as possible, and shall promptly clean the area and restore the affected portion of the Common Area to a condition which is equal to or better than the condition which existed prior to the ' commencement of such work. (g) Construction Barricades. Once a Store has opened for business, construction ' of a Store within any Building Area within one hundred eighty feet (180') of an opened Store shall be screened from view by a barrier or fence of a type and height approved by Developer until completion of the construction in each case. i GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 14 i i ■ 2.06 Construction Along Common Boundary Line. Any Parcel Owner constructing, repairing, or restoring a Store along a common property line between Parcels shall do so in a manner that does not result in damage to the improvements in place on the adjoining Parcel, and if applicable shall further undertake and assume at its sole cost the obligation of completing, repairing, reconstructing, and maintaining the nominal attachment (flashing and seal) of its building to that of the Store on the other Parcel, it being the intent of Developer to establish and maintain in these situations the appearance of one continuous building complex. 2.07 Mechanic's or Construction Lien. If, because of an act or omission or Y ( alleged act or omission) of any Parcel Owner or its Occupant, or a contractor, employee or agent of either, any Mechanic's or construction lien is filed with respect to any portion of the Shopping Center (whether or not such lien is valid or enforceable as such), the Parcel Owner shall cause the lien to be discharged of record, or bonded, with respect to all portions of the Shopping Center not owned by that Parcel Owner, within thirty (30) days after it was filed; and the Parcel Owner shall indemnify and save harmless all Parcel Owners, all ground and underlying lessors, and all Mortgagees with respect to any portion of the Shopping Center against and from all costs, labilities, suits, penalties, claims, and demands, including reasonable attorneys' fees resulting therefrom. If the Parcel Owner fails to comply with these requirements, any other Parcel Owner shall have the option of discharging or bonding any such lien, and if such option is exercised, the Parcel Owner which has the obligation under this Section to cause the discharge of. the lien shall reimburse the Parcel Owner who discharged or bonded the lien for all costs, expenses, and other sums of money(including reasonable attomeys'fees) incurred in connection with the lien promptly upon demand, and the Parcel Owner which discharged or bonded the lien shall have all rights with respect to the amounts owed to it, including but not limited to its rights under Article XII of this Declaration. 2.08 Undeveloped Building Area. Each area shown on the Site Plan as a Building ' Area which does not contain buildings as of the grand opening of the Shopping Center shall prior to the grand opening either be covered. with an asphalt cap or minimally landscaped, until such time as the Parcel Owner of the undeveloped Parcel shall thereafter commence construction of buildings on that Parcel. Until that time, the undeveloped Building Area shall be deemed a part of the Common Area. Likewise, if a building is subsequently razed and is not to be replaced immediately, until the building is replaced the Building Area shall be improved with an asphalt cap or as landscaped area. ARTICLE III SIGNS No exterior identification signs shall be allowed within the Shopping Center except as permitted by ' (i) the City and any applicable City ordinances or Shopping Center specific requirements, GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 15 (ii) the Shopping Center sign criteria attached hereto as Exhibit"F" (the "Sign Criteria"), and (iii) to the extent the Sign Criteria require the exercise of discretion or judgment by Developer or its architect or a particular signage issue is not covered by the Sign Criteria, the Project Architect. ARTICLE IV EASEMENTS 4.01 Ingress, Egress and Parking. (a) Developer reserves for itself and grants to each Parcel Owner, for the benefit of each Parcel (the Benefited Parcel) and its Occupants, a nonexclusive easement on, over and through the Parking Area (the Burdened Parcel) for i vehicular access ingress and egress b Permittees from public streets at () � 9 g Y the location of the curb cuts shown on the Site Plan, passage of Permittees' vehicles over established circulation elements, and parking of Permittees' vehicles within designated parking stalls, and (ii) pedestrian access, ingress, egress, and passage by Permittees. Each future Parcel Owner, by taking title to its Parcel subject to this Declaration, shall be deemed to have granted such easement with respect to the Parking Area on its Parcel to all other Parcel Owners and their Occupants. Such easement rights shall exist only during the term of this Declaration and shall be subject to the following reservations as well as other provisions contained in this Declaration: (b) Except for situations specifically provided for in the following subparagraphs, no fence or other barrier which would unreasonably prevent or obstruct the passage of pedestrian or vehicular travel for the purposes permitted by this Declaration shall be erected or permitted within or across the easement areas; provided, however, that the foregoing provisions shall not prohibit the installation of ' (i) convenience facilities (such as mailboxes, public telephones, benches, or public transportation shelters); (ii) photo kiosks, flower stands, or other retail uses which occupy less than two hundred square feet (200').each, and in the aggregate not more than 600_ square feet, so long as the retail use is permitted by the City and is not prohibited by the Parcel Owner of the Parcel on which the retail use is erected or permitted or any lease between the Parcel Owner of that Parcel and a tenant of the Parcel. Owner; (iii) landscaping, beams or planters; GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 16 �j (iv) limited curbing and other forms of traffic controls; or (v) Outside Sales Areas permitted by Developer pursuant to Section 6.03. (c) In connection with any construction, reconstruction, repair or maintenance on its Parcel, each Parcel Owner reserves the right to create a temporary staging and/or storage area in the Parking Area on or adjacent to its Parcel at a location which will not unreasonably interfere with access between its parcel, the other areas of the Shopping Center, and the public streets or roadways adjacent to the Shopping Center. (d) Developer reserves the right to close off'a portion of the Common Area for such minimal, reasonable period of time as may be legally necessary, in the opinion of its counsel, to prevent the acquisition of prescriptive rights by anyone; provided, however, that prior to closing off any-portion of the Common Area, as provided for in this section, Developer shall give written notice to each other Parcel Owner of its intention to do so, and shall attempt to coordinate the closing with each other Parcel Owner so that no unreasonable interference in the passage of pedestrians or vehicles shall occur. e Developer reserves the right at an time and from time to time to exclude and ( ) p 9 Y restrain any Person who is not a Permittee from using the Common Area to the extent that such action can be lawfully taken. Developer also reserves the right to designate and enforce employee parking, as more particularly set forth in Paragraph B.4 of Exhibit "T which is attached to this Declaration.- 4.02 Utilities. (a) Developer reserves for itself and grants to each Parcel Owner for the benefit of each Parcel (the Benefited Parcel) and its Occupants a nonexclusive easement in,-to, over, under, along, and across those portions of the Common Area (the Burdened Parcel) necessary for the installation, use, maintenance, relocation, and removal of utility lines or systems, including but not limited to sanitary sewers, storm drains, water (fire and ' domestic), gas, electrical, telephone, and communication lines. Each Parcel Owner, by taking title to its Parcel subject to this Declaration, shall be deemed to have granted such easement with respect to the Common Area on its Parcel to all other Parcel Owners and their Occupants, if any. This easement shall continue for the term of this Declaration and for so long afterwards as the easement is utilized for the above-described purposes. Except with respect to ground mounted electrical transformers at the rear of a building or ' as may be necessary during periods of construction, repair, or temporary. service, all utilities shall be underground, unless required to be above ground by the utility providing the service, and to the extent practical shall be located along the perimeter of the Parcel ' and shall otherwise be located as to not unreasonably interfere with the use and enjoyment of the Parcel by the Parcel Owners or their Occupants. Prior to utilizing the easement and exercising the rights granted in this Section, the Grantee shall first provide the Grantor and ' Developer with a written statement describing the need for such easement and shall identify the proposed location of the utility line. Any Parcel Owner installing utilities pursuant to the provisions of'this subparagraph shall pay all costs and expenses with GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 17 1 respect to installing the utilities, and shall cause all work in connection with the installation (including general clean-up and proper surface and/or subsurface restoration) to be completed as quickly as possible and in a manner so as to minimize interference with the use of the Common Area. The Grantee benefiting from a utility easement across another Parcel Owner's Parcel shall indemnify and hold harmless the Grantor from and against all demands, damage, claims, loss, liability, or expense in connection with the use, installation, maintenance and removal of the utility line. If any Parcel Owner elects to install common utilities, all costs and expenses of the common utilities may be set forth in a ' separate agreement between those cooperating Parcel Owners. (b) The initial location and width of any utility shall be subject to the prior written ' approval of the Grantor, which approval will not be unreasonably withheld. The easement area shall be no larger than whatever is necessary to reasonably satisfy the utility company for a public utility, or five feet (6) on each side of the centerline as to a private line. Upon request, the Grantee shall provide the Grantor with a copy of an as-built survey showing the location of the utility. The Grantor shall have the right at any time to relocate a utility line upon thirty (30) days' prior written notice to the Grantee, provided that the relocation: i shall not interfere with or diminish the utility services to the Grantee; ( ) tY (ii) shall not reduce or unreasonably impair the usefulness or function of the utility;: (iii) shall be performed without cost or expense to the Grantee; (iv) shall be completed using materials and design standards which equal or �. exceed those originally used; (v) shall have been approved by the utility company and the appropriate governmental or quasi-governmental agencies having jurisdiction over the utility; and ' (vi) shall not unreasonably interfere with the Occupant's use of the Grantee's Parcel. Documentation of the relocated easement area shall.be prepared at the Granto es.expense and shall be accomplished as soon as possible. The Grantee shall have the right to require ' an as-built survey of the relocated utility to be delivered to it at the Grantor's expense. (c) The Parcel Owners shall each, to the extent necessary and to the extent the ' same shall not result in the loss of compensation otherwise obtainable from condemnation, join in the execution of such instruments.as may be required in order to effectuate the installation (subject to the restrictions contained in this Declaration) for the sole benefit of ' the Shopping Center or the Parcel Owners' Parcels of public utilities and similar easements under and across portions of their respective.Parcels. GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 18 4.03 Construction, Maintenance, and Reconstruction. (a) In order to accommodate any footings, foundations, columns, or walls which may be constructed or reconstructed immediately adjacent to a common boundary line and which may overlap that common boundary line, each Parcel Owner shall grant and, by ' taking title to its Parcel subject to this Declaration shall be deemed to have granted, to each adjacent Parcel Owner a nonexclusive easement in, to, over, under, and across that portion of its Parcel adjacent to the common boundary line in space not there-to-fore occupied by any then existing structure for the construction, maintenance, and replacement of subterranean footings to a maximum distance of five feet (6) onto the Grantor's Parcel and for the construction, replacement and maintenance of foundations, columns, or walls to a maximum distance of six inches (6") onto the Grantor's Parcel. The grant of easement shall include the reasonable right of access necessary to exercise and enjoy the grant. The easement shall continue in effect for the term of this Declaration and thereafter so long as the building utilizing the easement area exists (including a reasonable period to permit reconstruction or replacement of the building if it is destroyed, damaged, or demolished) and shall include the reasonable right of access necessary to exercise and enjoy the grant. (b) Prior to utilizing the easement right set forth in subparagraph (a) above, the Grantee shall advise the grantor Parcel Owner of its intention to use the easement, shall provide plans and specifications and proposed construction techniques for the improvements to be located within the easement area, and shall give the Grantor an opportunity to commence any construction activities which that Parcel Owner contemplates undertaking at approximately the same time to the end that each Parcel Owner involved shall be able to utilize subterranean construction techniques which will permit the placement above ground of a building on each Parcel immediately adjacent to the common boundary line. If a common subterranean construction element is used by the Parcel Owners, it is specifically understood that each shall assume and pay its reasonable share of the cost and expense of the initial construction, and so long as both Parcel Owners are benefiting from the common element, subsequent maintenance of the common element. If any building utilizing a common subterranean element is destroyed and not replaced or is removed, the common subterranean construction element shall be left in place for the benefit of any building utilizing the same element located on the adjoining Parcel. 4.04 Surface Drainage Easement. Developer reserves for itself and grants to ' each existing and future Parcel Owner for the benefit of each Parcel (the Benefited Parcel) a nonexclusive easement for surface drainage over the Common Area (the Burdened Parcel) through the drainage patterns and systems as are established from time to time ' within the Common Area of the Shopping Center. To the extent a Parcel Owner's Parcel includes Common Area, nothing in this Declaration shall prevent a Parcel Owner from relocating the drainage patterns and systems established upon that Parcel Owners Parcel, ' provided the Parcel Owner first provides Developer with plans respecting the relocation and the relocation does not unreasonably interfere with the drainage of other Parcels within the Shopping Center nor interfere with the orderly discharge of water by means of the GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 19 drainage patterns and systems. By taking title subject to this Declaration, each Parcel Owner shall be deemed to have joined in this grant of easement. 4.05 Restriction on Grant of Easements. No Parcel Owner shall grant any easements over any land within the Shopping Center for the benefit of any land outside the Shopping Center; provided, however, that this section shall not prohibit the granting or dedicating of utility easements by a Parcel'Owner on its Parcel to governmental or quasi-governmental authorities or to public utilities. 4.06 Term and Limitation of Easements, Covenants and Conditions. The easements referred to in Sections 4.01, 4.02, 4.03, 4.04 and 4.05 shall continue in favor ' of the respective Grantees for the term of this Declaration and for so long afterwards as each of the Grantees shall continuously utilize the easements. 4.07 Benefit and Burden to Run with the Land. The easements granted by this Article IV and all other covenants, conditions, and restrictions contained in this Declaration shall be deemed and construed to be covenants running with the land, which are for the ' benefit of the Benefited Parcel of the Grantee, which Parcel shall be the dominant estate, and which burden the Parcel on which such easement is located or as to which such covenant is appurtenant, which shall be the servient estate. ARTICLE V SHOPPING CENTER DEVELOPMENT RESTRICTIONS 5.01 General Restrictions. (a) No improvements may be built or maintained in the Common Area of the Shopping Center other than (i) parking spaces, driveways, walkways, sidewalks, curbs, loading docks and ramps, service areas, trash receptacles, lights, signs, landscaping, and convenience facilities (such as mailboxes, public telephones, benches or public transportation shelters),.and improvements normally found in parking areas of shopping centers, and (ii) photo kiosks, flower stands, or other retail improvements which occupy less than two hundred square feet (200') each, and in the aggregate not more than 600 square feet (provided, however, such kiosk, stand or other retail improvement is permitted by City and is not prohibited by the Parcel Owner Of the subject Parcel nor by any lease between the Parcel Owner of the subject Parcel and a tenant of such Parcel Owner). ' (b) As to the areas designated on the Site Plan as "Building Area," the Parcel Owner of those Building Areas shall be permitted to construct on those Building Areas, or cause to be constructed on those Building Areas, such buildings or structures, in the locations and with the heights, exterior configurations, and designs as Developer shall approve, so long as such improvements . (i) do not violate City imposed parking requirements for the Shopping Center, (ii) are built in accordance with all set-back, zoning and other ordinances of GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 20 rthe City, and (iii) do not exceed the maximum square footages or the maximum height permitted as designated on the Site Plan and/or set forth in this Declaration (see Section 5.04). (c) Notwithstanding anything to the contrary contained in this Declaration, each Parcel Owner and Occupant, by taking title subject to this Declaration, hereby approves of the processing and recording by Developer of, and agrees to execute and acknowledge, an amendment to the Parcel Map (the "Amended Parcel Map") to reflect any changes or modifications to the Parcel Map which do not materially and adversely affect the use or development of the Parcel(s) of the Parcel Owner or directly or indirectly impose on the Parcel Owner or Occupants any greater obligations than those preciously agreed to by the Parcel Owner or Occupants. Each Parcel Owner agrees to execute and acknowledge an amendment to this Declaration, and each Occupant agrees to execute and acknowledge a subordination to this Declaration, as so amended, provided that the amendment reflects only the changes required for this Declaration to be consistent with the Amended Parcel Map. (d) Except to the extent Developer has agreed to greater restrictions in any lease with an Occupant or in any written agreement with another Parcel Owner, Developer may make changes in the Site Plan provided that (i) access to then-existing Stores is not impaired by the changes, (ii) the principal means of ingress and egress to the Shopping Center is not materially altered, and (iii) Developer complies with all applicable City parking requirements and in all events, complies with Section 5.02a) below. (e) At such time as Developer requests, each Parcel Owner shall execute an amendment to this Declaration to. replace the Site Plan with an "as-built" Site Plan (the "Amended Site Plan") to reflect the location and/or relocation of any of the Stores, the reconfiguration of the Common Area or any of the Parcels, and the improvements constructed on the Parcels. Except to the extent that an Occupant's lease conditions.or limits its willingness to subordinate its lease to an Amended Site Plan, at such time as Developer requests, each Occupant shall execute a subordination to an Amended Site Plan. ' 5.02 Parking Standards. (a) Developer agrees that the Parking Areas will always contain at least that ' number of parking spaces for automobiles, and driveways and footways incidental to the parking spaces, as is necessary to comply with all City requirements, and that the Parking Areas will contain at least that number of parking spaces for every 1,000 square feet of D ARATION OF COVENANTS GRANT CREEK TOWN CENTER ECL , PAGE 21 I Floor Area within the Shopping Center as is necessary to comply with all City requirements. ' (b) All persons shall use the available Parking Area in accordance with the applicable requirements of this Declaration and all reasonable rules and regulations which Developer shall adopt from time to time. (c) No person shall have an exclusive right to use any portion of the Parking Area unless Developer has approved of such exclusive use in its sole discretion. Unless ' required by law, no charge of any type shall be collected from any Permittees for parking, or the right to park vehicles in the Parking.Area, except reimbursement of Common Area Maintenance Costs as may be provided in this Declaration or in any agreement with any ' Occupant (d) Each Parcel Owner shall cause the employees of all Occupants of its Parcel ' to park their automobiles in any employee parking areas designated by Developer (see Exhibit "G"). ' 5.03 Obstructions. Except as specifically depicted on the Site Plan or as maybe approved in writing by the Developer, no fence, division, partition, rail, or obstruction of any type or kind shall ever be placed, kept, permitted, or maintained between the Parcels or ' between any subsequent division of the Parcels or upon or along any of the common property lines of any portion thereof except within the confines of the Building Area, and ' except as may be required at any time and from time to time in connection with the construction, maintenance, and repair of the Common Area or construction within a Building Area (see Section 2.05(e) and (g)). 5.04 Specific Limitations. ' (a) Building Heights. The heights of buildings in the Shopping Center shall not exceed those specified in Exhibit "H" which is attached to this Declaration. The height of any building shall be measured perpendicular from the finish grade of the Building Area to the top of the highest single portion of the building, including any screening parapet, penthouse, mechanical equipment, or similar appurtenance located on the roof of the building; the height of any structure shall be measured from its base to the highest single point (b) Grading. Any regrading of a Parcel shall require the prior written approval of Developer, which approval shall not be unreasonably withheld or delayed. ARTICLE VI ' USE RESTRICTIONS 6.01 Use in General. Except as provided below, the Parcels may only be used primarily for the sale of such goods, merchandise, and services as are commonly sold in first-class neighborhood or community shopping centers in the same geographic area as the Shopping Center, including, without limitation, financial institutions, brokerage offices, GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 22 rreal estate services, travel agencies, insurance agencies, movie theaters, restaurants, gasoline service, general office, medical, dental, and gaming. ' 6.02 Generally Prohibited Uses. No use or operation will be made, conducted or permitted on or with respect to all or any part of the Shopping Center, which use or operation is obnoxious to, or out of harmony with; the development or operation of a first-class shopping center, including.but not limited to, the following: ' (a) Any public or private nuisance. (b) Any noise or sound that is objectionable due to intermittence, beat, ' frequency, shrillness, or loudness. (c) Any excessive quantity of dust, dirt, or fly ash; provided however, this ' prohibition shall not preclude the sale of soils, fertilizers, or other garden materials or building materials in containers if incident to the operation of a home improvement or other similar store. O Y An fire, explosion, or other damaging or dangerous hazard, including the storage, display, or sale of explosives or fireworks. ' (e) Any assembly,, manufacture, distillation, refining, smelting, agriculture, or mining operations. f An mobile home or trailer court labor cam junkyard, stock yard, or animal ( ) Y P, J kY y raising. Notwithstanding the foregoing, pet shops shall be permitted within the Shopping Center. (g) Any drilling for and/or removal of subsurface substances. (h) Any dumping of garbage or refuse, other than in enclosed, covered receptacles intended for that purpose. (i) Any automobile body and fender repair work, except within those Parcels to ' be designed specifically for such use and referred to in an amendment to these covenants. 0) Any flea market, swap meet, "second hand" store or "surplus" store t6.03 Noninterference With Common Area. The Common Area is intended for the nonexclusive use by the Occupants and Permittees of the Shopping Center. Except ' for any Outside Sales Area approved by Developer in writing and any kiosk, stand or other retail improvements permitted by Section 5.01(a), in order to provide for the orderly development and operation of the Shopping Center, no Occupant shall be entitled to the ' use of any Outside Sales Area, and no Occupant shall display, store, or sell any merchandise or place portable signs or other objects outside the defined exterior walls, roof, and permanent doorways of its Store. Developer's approval of an Occupant's use of ' GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 23 1 ' Outside Sales Area may be conditioned. upon such Occupant's assumption of Common Area Maintenance Costs or maintenance duties related to that use. ' 6.04 Conditions of Approval. All operations and uses of the Shopping Center.' must comply with the Conditions of Approval attached to this Declaration as Exhibit "C," ' and such conditions are specifically incorporated into this Declaration by this reference. 6.05 Rules and Regulations. In the operation of the Common Area, Developer from time to time may adopt reasonable Rules and Regulations pertaining to the use of the Common Area by the Permittees of the Shopping Center and employee parking; provided that all such Rules and Regulations and other matters affecting the users of the Common ' Area (a) will apply equally and without discrimination to all Permittees, (b) comply with City ordinances, and (c) are otherwise consistent with this Declaration. Develcper adopts the Rules and Regulations attached to this Declaration as Exhibit "G", until such time as new ' Rules and Regulations shall be adopted by Developer. An amendment of such Rules and Regulations shall not be deemed to be, nor shall it require, an amendment to this Declaration. ' 6.06 Deliveries and Exterior Maintenance Work. No deliveries of merchandise or other supplies shall be made, and no maintenance work or repair on the exterior of any ' Store shall be performed between the hours of 10:00 p.m. and 7:00 a.m. each day. ' 6.07 Specific Use Restrictions. Purposely left blank. 6:08 Additional Use Restrictions and Requirements. In connection with Developer's transfer or conveyance of a Parcel, Developer reserves the right to impose ' such additional restrictions on operation or use requirements on the'transferred Parcel or the Parcels Developer continues to own, which restrictions are consistent and not in ' conflict with Developers then-existing agreements, as may be agreed to by Developer and the subject Parcel Owner. ARTICLE VII MAINTENANCE AND REPAIR ' 7.01 Utilities. (a) Developer shall replace, repair and maintain, or cause to be replaced, repaired and maintained, in a first-class condition all common utility lines and systems located on the Common Area, unless the same are dedicated to and accepted by a public or quasi-public utility or authority or are maintained by a utility company. Such costs of ' replacement, repair and maintenance, to the extent such costs are not covered by insurance proceeds, are to be included in Common Area Maintenance Costs, as discussed in Section 7.03. (b) Each Parcel Owner shall replace, repair, and maintain in first-class condition all utility facilities, lines, and systems located on its Parcel that serve only its Parcel unless ' GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 24 ' the same are dedicated to and accepted by a public or quasi-public utility or authority or are maintained by a utility company. ' (c) Any Parcel Owner who is the Grantee of a utility easement referred to in Section 4.02 (exclusive of an easement in which common utility lines and systems are ' located, which shall be maintained as part of the Common Area), shall maintain and repair at its cost any facilities installed pursuant to that easement which exclusively serve the Grantee's Parcel unless the facilities are granted or dedicated to and accepted by a utility or a governmental agency acceptable to the Grantor which agrees to maintain and replace the facilities. Any maintenance and repair of non-dedicated utilities located on the Grantor's Parcel shall be performed only after two (2) weeks' notice to the Grantor (except in an ' emergency the work may be initiated with reasonable notice) and shall be done after normal business hours whenever possible and shall otherwise be performed in such a manner as to cause as little disturbance in the use of the Grantor's Parcel as is practicable ' under the circumstances. Any Grantee performing or causing to be performed such maintenance or repair shall pay all expenses associated with the maintenance and repair, will diligently complete such work as quickly as possible, and will promptly clean the area and restore the affected portion of the Common Area to a condition equal to or better than the condition which existed prior to the commencement of the work. ' 7.02 Common Area Maintenance Obligation. (a) The minimum standard of maintenance for the Common Area Improvements ' shall be comparable to the standard of maintenance followed in other first-class retail developments of comparable size in the , Montana area and in any event in compliance with all applicable governmental laws, rules, regulations, orders, and ' ordinances, and the provisions of this Declaration. All Common Area Improvements shall be repaired or replaced with materials at least equal to the quality of the materials being ' repaired or replaced so as to maintain the architectural and aesthetic harmony and integration of the Shopping Center as a whole. In any event, the maintenance and repair obligation shall include but not be limited to the following: r (i) Drive and Parking Areas. Maintaining all paved surfaces and curbs in a smooth and evenly covered condition, which maintenance work shall include, ' without limitation, cleaning, sweeping, snow removal, re-striping, repairing, resealing, and resurfacing. (For the purposes of this section, an overlay of the Parking Area shall be considered a repair or maintenance item.) ' (ii) Debris and Refuse. Periodic removal of all papers, debris, fifth, refuse, ice and snow, including sweeping to the extent necessary to keep the Common ' Area in a first-class, clean, and orderly condition. All sweeping shall be at appropriate intervals during such times as shall not interfere with the conduct of business or use of the Common Area by persons intending to conduct business with Occupants of the Shopping Center. (iii) Signs and Markers. Placing, cleaning, keeping in repair, replacing, and ' GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS PAGE 25 0 1 repainting any appropriate directional signs or markers, including any handicapped parking signs, and any Shopping Center identification signage (excluding, however, ' any Occupant signage); (iv) Lighting. Operating (except after-hours lighting requirements - see 1 Section 7.06), keeping in repair, cleaning, and replacing when necessary such Common Area lighting facilities as may be reasonably required, including all lighting necessary or appropriate for Common Area security. ' (v) Landscaped Areas. Cleaning and maintaining (including any requirement as may be imposed by the City to maintain landscape or to remove ' debris) all landscaped areas, landscaping, and planters adjacent to exterior walls of buildings, repairing automatic sprinkler systems or water lines in the Common Area, irrigating, weeding, pruning, fertilizing, and replacing shrubs and other ' landscaping as necessary; provided, however, that if any Parcel Owner requires or installs "special' landscaping (i.e. beyond the standard landscaping requirements for the remainder of the Shopping Center) the maintenance and cost of such special ' landscaping shall be borne solely by such Parcel Owner without cost or expense to the other Parcel Owners and shall not be included in Common Area Maintenance ' Costs. (vi) Utilities. To the extent the same have not been dedicated to the public ' or any'public or private utility, maintaining, cleaning, and repairing any and all common storm drains, utility lines, sewers, and other utility systems and services located in the Common Area which are necessary for the operation of the Common ' Area, and the maintenance and replacement of the trunk line portion of utility lines serving the Building Areas. (vii) Obstructions. Keeping the Common Area free from any obstructions ' including those caused by the sale or display of merchandise not otherwise permitted by this Declaration, unless the obstruction is permitted under the ' provisions of this Declaration. (vii.i) Sidewalks. Cleaning (including washing and/or steam cleaning), 1 maintenance, and repair of all sidewalks, including those adjacent and contiguous to buildings located within the. Shopping Center. Sidewalks shall be cleaned at appropriate intervals during such time as shall not interfere with the conduct of ' business or use of the Common Area. Notwithstanding the foregoing, any Occupant which is permitted by Developer or by the terms of this Declaration to use any portion of the Common Area or the sidewalk areas adjacent to its Store for staging, ' storage, sales, promotional, marketing, customer service, or seating purposes shall keep that area in a neat and clean condition free of refuse and shall be responsible for any increase in Developer's cost of maintaining the Common Area as a result ' of such activities. (ix) Security Personnel. Providing professional security personnel for the GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 26 Common Area, if reasonably required. ' (x) Traffic. Supervision of traffic at entrances and exits to the Shopping Center and within the Shopping Center as conditions reasonably require in order to maintain an orderly and proper traffic flow. ' Notwithstanding anything to the contrary, each Parcel Owner shall maintain and repair, at its sole cost, in a clean, sightly and safe condition all of the following relating to ' its Parcel: any exterior shipping/receiving dock area, any truck ramp or truck parking area, any refuse, compactor or dumpster area, and any separate utility lines or any lateral utility lines extending to and from common trunk lines. ' b From and after the date upon which the Common Area or a functional portion O P of the Common Area of the Shopping Center is substantially completed, Developer shall ' maintain the Common Area or cause it to be maintained, in good order, condition, and repair. Developer.shall have the right, from time to time, to select another person or persons to maintain the Common Area and delegate Developer's obligations with respect ' to the Common Area to such person(s). If Developer selects or delegates another person Jo maintain the Common Area, that person shall be a recognized professional commercial property management company. Developer may hire companies affiliated with it to ' perform the maintenance and operation of the Common Area, but only if the rates charged by such companies are competitive. with those of other companies furnishing similar services in the , Montana area. 7.03 Common Area Maintenance Costs. Common Area Maintenance Costs shall ' include, without limitation, all expenditures, costs, premiums, and expenses for the following: (a) casualty and public liability insurance for the Common Area and improvements located on the Common Area, in the amounts and types set forth in Article X below, and payment of any deductible amount in the event of a claim; (b) repairs for any damage to the Common Area including, without limitation, the common utility lines and systems, to the extent that those costs are not covered by ' insurance proceeds; (c) all general maintenance and repairs with respect to the Common Area, whether ' required by the enactment or operation of law, or otherwise, including, without limitation, painting, re-striping, resurfacing, cleaning, sweeping, snow removal, and janitorial services; ' . (d) maintenance, repair, and replacement as required, of the Common Area, including, without limitation, the common utility lines and systems, and Parking Areas; ' (e) operation, maintenance and repair of the Shopping Center identification monument signs and pylon signs (if any); provided, however, if a monument or pylon sign also identifies specific Occupants, the portion of the operation and maintenance costs GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 27 r . • r to such those Occupants' share of the sign area shall be paid by those proportional Occupants and shall not be a Common Area Maintenance Cost; ' (f) maintenance and repair of light standards, all plantings, sprinkler systems, landscaping, directional signs and other markers, and parking bumpers; r (g) providing common rubbish receptacles (including gates and Enclosures) and removal service only for Permittees of the Shopping Center; ' (h) storage space for Common Area maintenance equipment and supplies; (i) expenses for personnel to implement such services including, if Developer in its sole judgment deems them reasonably necessary, the cost of security guards; ' (j) operation, maintenance, repair, and/or installation of any fire protection systems, security alarm systems, lighting systems; storm drainage systems, electrical systems, and any other utility systems serving the Common Area; 1 (k) payroll, payroll taxes, health, and workers, compensation insurance ' applicable to employees providing the aforementioned services rendered in connection with the Common Area; (1) any public utility or governmental charges, surcharges, and any other costs levied, assessed, or imposed pursuant to assessment districts, laws, statutes, regulations, codes, and ordinances promulgated under or created by any governmental or quasi-governmental authority in connection with the-development of the Shopping Center ' or the use of the Common Area; ' (m) necessary tools and supplies; (n) depreciation on maintenance and operating machinery and equipment (if ' owned) and rental paid for such machinery and equipment (if rented); provided, however, that if Developer depreciates any particular machine or piece of equipment or establishes reserves in anticipation of the replacement of that machine or piece of equipment, the aggregate amount of the depreciation and reserves with respect to that particular machine or piece of equipment shall be applied by Developer against the cost of replacing that machine and/or piece of equipment, at the time the machine or piece of equipment is replaced; (o) other costs and fees necessary or beneficial, in Developer's reasonable ' judgment, for the maintenance and operation of the Common Area, including the.cost of enforcing the terms of this Declaration applicable to the Common Area; and ' (p) an allowance or fee for supervision of the Common Area in an amount equal to 15% of the total of all Common Area Maintenance Costs exclusive of this supervision allowance or fee. GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 28 1 ' To the extent feasible, as determined by Developer in Developer's sole discretion, from an accounting and operational perspective, as determined by Developer in Developer's sole ' discretion, Developer shall attempt to separately account for Common Area Maintenance Costs on a Parcel-by-Parcel basis. 7.04 Payment of Common Area Maintenance Costs. Common Area Maintenance Costs shall not include any costs of the initial construction of the Common Area Improvements. After the initial construction of the Common Area Improvements, the ' Common Area Maintenance Costs shall be paid to Developer by each other Parcel Owner as follows: ' (a) Each other Parcel Owner shall pay to Developer, on the first day of each calendar month, an amount reasonably estimated by Developer to be one twelfth (1/12) of that Parcel Owner's share of the annual Common Area Maintenance Costs (which ' estimate, except for the first calendar year, shall be based on the prior year's expenses and reasonably anticipated changes in cost). A Parcel Owner's share of Common Area Maintenance Costs during any applicable monthly, quarterly or annual accounting period shall be the total Common Area Maintenance Costs incurred during that period multiplied by the quotient arrived at by dividing the number of square feet of Floor Area located on that Parcel Owner's Parcel by the total number of square feet of Floor Area which has been completed in the Shopping Center. This estimated monthly charge may be adjusted by Developer at the end of any calendar quarter on the basis of Developer's experience and ' reasonably anticipated costs. (b) Within a reasonable time following the end of each calendar year, Developer ' shall furnish to each Parcel Owner a statement covering the calendar year just expired showing the total of the Common Area Maintenance Costs, the amount of each Parcel Owner's share of the Common Area Maintenance Costs for that calendar year, and the payments made by each Parcel Owner with respect to that calendar year as set forth in subparagraph (a) above. Parcel Owners shall have the right to audit any such statements in accordance with subparagraph (e) below. If a Parcel Owner's share of the Common Area Maintenance Costs exceeds that Parcel Owner's payments, the Parcel Owner shall pay to Developer the deficiency within ten (10) days after receipt of the statement. If the payments exceed that Parcel Owner's share of the Common Area Maintenance Costs, the 1 Parcel Owner shall be entitled to offset the excess against the next payments which become due to Developer as set forth in subparagraph (a) above; ' (c) Payment of any Common Area Maintenance Costs owed to Developer under this Declaration which is more than ten (10) days past due shall be subject to a late payment penalty of ten percent (10%). In addition, for as long as the amounts owed to Developer ' remain unpaid, those unpaid amounts shall bear interest at the Default Rate. Any such penalties or interest which are paid by the delinquent Parcel Owner or Owners shall be placed in a fund which shall be established and controlled by Developer and shall be ' utilized by Developer to pay for un-recovered costs associated with the operation of the Common Area in accordance with this Declaration. Each Parcel Owner acknowledges that the late payment of any monthly installment will cause Developer to incur certain costs and GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 29 expenses not otherwise contemplated, the exact amount of which is extremely difficult and impractical to fix. Those costs and expenses will include, without limitation, administrative and collection costs, processing and accounting expenses, and other costs and expenses necessary and incidental to those costs and expenses. It is, therefore, agreed that this late charge represents a reasonable estimate of those costs and expenses and is fair compensation to Developer for its loss suffered by the Parcel Owner's nonpayment. The late charge provisions contained in this section are in addition to and do not diminish or represent a substitute for any or all of Developer's other rights to enforce the provisions of this Declaration. (d) Within six (6) months after receipt of any Common Area Expense statement, ' any Parcel Owner may audit that statement. If it is determined as a result of an audit that ' the auditing Parcel Owner has paid in excess of the amount required pursuant to this Declaration, then the overpayment shall be credited toward the next installment that would ' otherwise be due from the Parcel Owner. In addition, if the Parcel Owner paid more than five percent (5%) over the amount that the Parcel Owner should have paid (as determined by the approved audit), then the Developer shall pay all of the auditing Parcel Owner's ' reasonable costs and expenses connected with the audit. (e) Notwithstanding anything contained in this Declaration to the contrary and without in any way modifying or limiting a Parcel Owner's obligations under this Declaration, each Parcel Owner may enter into agreements with its Occupants pursuant to which the Occupants are obligated to reimburse the Parcel Owner for some or all ' Common Area Maintenance Costs allocable to the Parcel and/or other expenses related to the operation and maintenance of the Common Area on terms which are more or less favorable than the terms of this Declaration with respect to that Parcel Owner's payment of its share of Common Area Maintenance Costs. If the agreement is entered into on less favorable terms, subject to the Immediately following sentence, the Parcel Owner will make ' up the shortfall. Likewise; in connection with the transfer or conveyance of a Parcel, Developer may enter into an agreement with the respective Parcel Owner pursuant to which the Parcel Owner is obligated to reimburse Developer for some or all Common Area Maintenance Costs allocable to the subject Parcel and/or other expenses related to the operation and maintenance of the Common Area on terms which are more or less favorable than the terms of this Declaration with respect to that Parcel Owner's payment of its share of Common Area Maintenance Costs. If the agreement is entered into on less favorable terms, Developer shall assume the shortfall. ' 7.05 Building Improvements. After completion of construction on its Parcel, each Parcel Owner or its Occupant shall, at its sole cost and expense, maintain and keep its Store and building improvements (including loading docks, service areas and the like), if ' any, located on its Parcel in first-class, good, clean condition and state of repair, in compliance with all governmental laws, rules, regulations, orders, and ordinances exercising jurisdiction over them, and in compliance with the provisions of this Declaration. ' Each Parcel Owner or its Occupant shall store all trash and garbage in adequate containers, will locate those containers so that they are not readily visible from the parking area, and will arrange for regular removal of the trash or garbage. If a Parcel Owner or its ' GRANT REEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 30 t • � ' Occupant fails to comply with Section 7.05, then Developer shall have the right to give the defaulting Parcel Owner written notice of the default, specifying the particulars of the default. If the Parcel Owner which receives the notice fails to cure the default within thirty (30) days after its receipt of the notice, or if the nature of the default is such that it cannot be reasonably cured within a thirty (30) day period and the Parcel Owner does not ' commence to cure the default within the thirty (30) day period and thereafter diligently pursue the cure to completion, then Developer may cure the default and then bill the defaulting Parcel Owner for the expense incurred. If the defaulting Parcel Owner does not pay the bill within fifteen. (15) days, Developer shall have all rights with respect to the bill as are provided for in Article XII. ' 7.06 After-Hours Lighting. If any Occupant's use of its Parcel requires Common Area lighting one half hour beyond the normal hours of the Shopping Center (as ' reasonably determined by Developer), that Occupant shall be responsible for the cost of operating the Common Area lighting on its Parcel and any other Parcel which it elects to have lighted after the normal hours, and the expense shall not be a Common Area Maintenance Cost. ARTICLE VIII DAMAGE TO IMPROVEMENTS 8.01 Restoration of Common Area. If any of the Common Area Improvements are damaged or destroyed, whether insured or uninsured, Developer shall restore,repair, or rebuild those Common Area Improvements with all due diligence as nearly as possible to at least as good a condition as they were in immediately prior to the damage or destruction. Any cost of the restoration, repair, or rebuilding which is not reimbursed by insurance shall be a Common Area Maintenance Cost. 8.02 Restoration of Stores. If the Store(s) on a Parcel Owner's Parcel are damaged or destroyed, that Parcel Owner may, but shall not be obligated by this Declaration to, restore and reconstruct those Store(s) within the final configuration of the Building Areas within that Parcel Owner's Parcel. If a Parcel Owner elects to reconstruct the Store(s) on its Parcel, those Stores shall be restored to a condition as good as immediately prior to the damage or destruction, and all restoration and reconstruction shall ' be performed in accordance with the following requirements, as those requirements are applicable to the restoration and reconstruction: 1 (a) No restoration or reconstruction work shall be commenced unless the Parcel Owner desiring to perform the work has in each instance complied with the appropriate provisions of Article II with respect to plan approval. (b) All restoration and reconstruction work shall be performed in a good and workmanlike manner and shall conform to and comply with: GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 31 (i) The plans and specifications approved pursuant to Article II; ' (ii) All applicable requirements of laws, codes, regulations and rules; and (iii) All applicable requirements of this Declaration. ' (c) All restoration and reconstruction work shall be completed with due diligence, and at the sole cost and expense of the Parcel Owner performing the work. ' 8.03 Clearing of Premises. Whenever a Parcel Owner elects not to restore, repair or rebuild a Store that has been damaged or destroyed, that Parcel Owner, at its sole cost ' and expense, shall raze the Store, or the parts of the Store which has been damaged or destroyed, shall clear the premises of all debris, and all areas not restored to their original use shall, at the expense of the Parcel Owner, be leveled, cleared, and improved with, at ' the option of the Parcel Owner, either landscaping or parking area, of like standard and design as the Common Area of the Shopping Center. Although no transfer of ownership shall be deemed to have occurred as a result of the Parcel Owner's election not to restore ' its Store, if the area is converted to landscaped area or Parking Area, the area shall be treated as Common Area and shall be maintained and insured by Developer as Common ' Area; however, the Parcel Owner shall reimburse Developer for the maintenance and insurance costs which are fairly allocated to the area and those costs shall not be Common Area Maintenance Costs. ' ARTICLE IX EMINENT DOMAIN ' If any part of the Shopping Center, including the Common Area, shall be taken by eminent domain or any other similar authority of law, the entire award for value of the land ' and improvements so taken shall belong to the Parcel Owner whose property was so taken or its Occupants, as their interests may appear or as the Parcel Owner and Occupants have agreed to in the Occupant's lease, and the other Parcel Owner(s) shall not claim any portion of the award by virtue of any interests created by this Declaration. However, the ' other Parcel Owner(s) may file a claim with the condemning authority over and above the value of the property so taken to the extent of any damage suffered by those Parcel Owner(s) resulting from the severance of the area taken. The Parcel Owner whose property was condemned shall promptly repair and restore in accordance with this Declaration the remaining portion of its Parcel as nearly as practicable to the condition ' existing just prior to the condemnation without contribution from the other Parcel Owner(s); provided, however, that if (a) a portion of a Parcel Owner's Building Area (which for. purposes of this Paragraph shall include loading docks, trash storage areas, ramps and ' canopies) or (b) a portion of the Parking Areas Which, in the Parcel Owner's judgment, reasonably exercised, materially impairs that Parcel Owner's or its Occupants' operations, is taken by condemnation, then the Parcel Owner whose operations are so materially ' impaired may elect, within sixty (60) days of the date of the taking by the condemning authority, by written notice to the other Parcel Owner(s), to terminate this Declaration as to the Parcel so materially impaired; provided, further, however, that in the event the taking GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 32 1 ' is so substantial that the operation of the entire Shopping Center is materially impaired, this Declaration shall be terminated in its entirety. ARTICLE X TAXES AND INSURANCE ' 10.01 Realty Taxes and Assessments. In addition to each Parcel Owner's payment of its share of real estate taxes and assessments on the Common Area as ' provided in Article VII, each Parcel Owner shall pay, or cause to be paid by that Parcel Owner's Occupants when due, all real estate taxes and assessments which may be levied, assessed, or charged by any public authority against that Parcel Owner's Parcel, the ' improvements on that Parcel, or any other part of that Parcel. If a Parcel Owner shall deem any real estate tax or assessment (including the rate thereof or the assessed valuation of the property) to be excessive or illegal, that Parcel Owner shall have the right, at its own ' costs and expense, to contest the tax or assessment by appropriate proceedings, and nothing contained in this section shall require the Parcel Owner to pay the real estate tax or assessment as long as (a) no other Parcel Owner's Parcel would be immediately affected by the failure to pay (or bond) the tax or assessment; and (b) the amount or validity of the tax or assessment shall be contested in good faith. If the failure to pay (or ' bond) the tax or assessment would affect another Parcel Owner's Parcel, that other Parcel Owner shall have the right to pay the tax and shall have a lien on the nonpaying Parcel Owner's Parcel for the amount so paid until reimbursed for the payment. The lien shall be ' subject to and junior to, and shall in no way impair or defeat the interest, lien, or charge of any Mortgagee or Occupant. 10.02 Indemnification. Developer or any other person who operates and maintains the Common Area shall indemnify, defend, and save the other Parcel Owners harmless from and against any and all demands, liability, damage, expense, cause of action, suit, ' claims, and judgments, including reasonable attorneys' fees, arising from injury or death to person or damage to property that occurs as a result of that person's operation and maintenance of the Common Area except to the extent that the injury, death, or damage is caused by the indemnified Parcel Owner's negligence or willful act or omission. In ' addition, each Parcel Owner shall indemnify, defend, and save the other Parcel Owners harmless from and against any and all demands, liability, damages, expenses, causes of ' action, suits, claims, and judgments, including reasonable attorney's fees, arising from injury or death to person or damage to property that occurs as a result of the use, or operation of the indemnifying Parcel Owner's Parcel, except to the extent that the injury, ' death or damage is caused by the indemnified Parcel Owner's negligence or willful act or omission; provided, however, indemnification under this sentence shall not be required where the claim or loss underlying an indemnitee's request for indemnity is (i) required to ' be indemnified against pursuant to the immediately preceding sentence, (ii) is insured against by the insurance required to be maintained by the Developer covering the Common Area in accordance with Section 10.4 or (iii) is insured against by the insurance required ' to be maintained by the indemnitee with respect to the use and operation of the Stores on the indemnitee's Parcel in accordance with Section 10.4. ' GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, C E NTS, PAGE 33 ' 1 M3 Casualty Insurance and Restoration. ' (a) Developer, as respects the improvements on its Parcels and as respects all of the Common Area Improvements, will carry or cause to be carried, casualty insurance in an amount equal to 90% of the full replacement cost (exclusive of the cost of excavation, foundations and footings) of those buildings and improvements for the risks covered within the classification of "all-risk" coverage, excluding coverage against earthquake and flood unless the cost of the that coverage is, in Developer's business judgment, economically ' reasonable. The insurance shall be carried with a financially responsible insurance company or companies. The insurance shall provide that the policies may not be canceled, reduced, or materially amended without at least thirty (30) days prior written notice being ' given by the insurer to the other Parcel.Owners. To the extent Developer is causing the insurance to be carried by an Occupant who has ground leased premises in the Shopping Center and who has developed its Store substantially at its own cost and expense, Developer may agree to a reduced insurance obligation for that Occupant near the end of that Occupant's lease term. ' (b) Each other Parcel Owner, as respects the building improvements on its Parcel (excluding Common Area Improvements on its Parcel), will carry or cause to be carried "all-risk" casualty insurance, excluding coverage against earthquake and flood ' unless the cost of the same is, in the Parcel Owner's business judgment, reasonably exercised, economically reasonable. The insurance shall be in an amount equal to 90% of the full replacement cost (exclusive of the cost of excavation, foundations and footings ' of the Store). The insurance shall be carried with a financially responsible insurance company or companies. The insurance shall contain a provision that it may not be canceled, reduced or materially amended without at least thirty (30) days written notice being given by the insurer to the other Parcel Owners. ' 10.04 Parcel Owners' Liability Insurance. Each Parcel Owner shall, severally, at all times during the term of this Declaration, maintain or cause to be maintained by its Occupant in full force and effect a comprehensive occurrence public liability insurance policy covering the use and operation of Stores (and other structures, if applicable) on its ' Parcel (and, as to Developer, covering the use and operation of all of the Common Area), with a financially responsible insurance company or companies, including coverage for any ' accident resulting in bodily injury to or death of any person and consequential damages arising therefrom, and comprehensive property damage insurance, each in an amount not less than $3,000,000 per occurrence or, as to an Occupant of a Developer owned Parcel ' and as to a Parcel Owner other than Developer, such lesser amount as may be agreed to by Developer. Developer's public liability policy with respect to the Common Area shall name each other Parcel Owner as an additional named insured and.each public liability ' policy with respect to the use and operation of the Stores on a Parcel Owner's Parcel shall name Developer and each other Parcel Owner as an additional named insured. Developer's public liability policy with respect to the Common Area and each Parcel ' Owner's public liability policy with respect to the Stores on its Parcel shall also include a contractual liability endorsement in an amount not less than the amount of the above--described comprehensive public liability policy to insure their respective indemnities ' GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS PAGE 34 1 • • 1 set forth in Section 10.02. Each Parcel Owner shall furnish to each other Parcel Owner which requests proof of insurance in writing, evidence that the insurance referred to in this Section is in full force and effect and that the premiums for the policy have been paid. The 1 insurance shall provide that it may not be canceled, reduced below the required minimum or materially amended without at least thirty (30) days prior written notice being given by ' the insurer to all other Parcel Owners. 10.05 Blanket Insurance. Any insurance required to be carried pursuant to this 1 Article may be carried under a policy or policies covering other liabilities and locations of a Parcel Owner: provided, however, that the policy or polices must apply to the properties required to be insured by this Article in an amount not less than the amount of insurance 1 required to be carried by the Parcel Owner with respect to the Parcel, pursuant to this Article. 1 10.06 Release and Waiver of Subrogation. Each Parcel Owner hereby releases and waives for itself, and to the extent legally possible for it to do so, on behalf of its insurer, each of the other Parcel Owners from any liability for any loss or damage to its 1 property located upon the Shopping Center, which loss or damage is of the type covered by the "all-risk" casualty insurance described in this Article X, irrespective of any negligence on the part of the other Parcel Owner which may have contributed to or caused such loss. 1 Each Parcel Owner covenants that it will, if generally available in the insurance industry, obtain for the benefit of the other Parcel Owners an express waiver of any right of subrogation which the insurer of that Parcel Owner may acquire against the other Parcel 1 Owner by virtue of the payment of any such loss covered by the insurance. If any Parcel Owner is by law, statute, or governmental regulation unable to obtain a waiver of the right of subrogation for the benefit of another Parcel Owner, then, during any period of time when a waiver of subrogation is unobtainable, the Parcel Owner shall 1 be deemed not to have released any surrogated claim of its insurance carrier against the other Parcel Owner, and during the same period of time the other Parcel Owner shall be deemed not to have released the Parcel Owner who has been unable to obtain a waiver 1 of subrogation from any claims they or their insurance carriers may assert which otherwise would have been released pursuant to this Section. 1 ARTICLE XI ENVIRONMENTAL MATTERS 1 11.01 Duties of Parcel Owners. Except as provided in Section 11.03, neither Parcel Owners nor Occupants shall release, generate, treat, use, store, dump, transport, handle, or dispose of any Hazardous Material within the Parcels or otherwise permit the 1 presence of any Hazardous Material on, under, or about the Parcels or transport any Hazardous Material to or from the Parcels. Any such use, handling or storage permitted under Section 11.03 shall be in accordance with all Environmental Laws and all other 1 applicable laws, ordinances, rules, and regulations now or hereafter promulgated by any governmental authority having jurisdiction thereof. Neither Parcel Owners nor Occupants shall install, operate or maintain any above, below, or at grade tank, sump, pit, pond, . 1 GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 35 1 ' lagoon, or other storage or treatment vessel or device on or about the Parcels with the exception of gasoline, diesel and/or oil underground storage tanks or other storage devices or containers utilized in connection with an automobile gasoline and/or service station provided that such use is permitted in the Shopping Center, and further provided that the operator of the service station has obtained Developer's consent to the underground storage tanks or other storage devices or containers pursuant to last paragraph of Section 11.03 of this Declaration. ' 11.02 Specific Construction Materials. No Parcel Owner or Occupant shall introduce, or permit any other Person to introduce, any friable asbestos, radioactive material, urea .formaldehyde foam insulation, or devices containing polychlorinated ' biphenyls (PCBs) into any portion of the Shopping Center. 11.03 Permitted Use, Storage, Handling, and Disposal of Hazardous Materials. Notwithstanding anything contained in Section 11.01 to the contrary, incident to the normal operation of motor vehicles within the Parking Areas, the Parcel Owners and their Occupants and Permittees may utilize gasoline and petroleum products used to fuel and/or ' lubricate motor vehicles. In addition, notwithstanding anything contained in Section 11.01 to the contrary, the Parcel Owners or their Occupants may utilize cleaning products and ' sell and otherwise merchandise products, which may contain Hazardous Materials, so long as those products are commonly utilized for maintenance purposes or merchandised in other first-class shopping centers, and so long as those products are safely handled and ' stored in compliance with applicable laws. A Parcel Owner or its Occupants may also use other Hazardous Materials in connection with its use of its Parcel if the Parcel Owner has received Developer's prior consent to the use. Developer shall not unreasonably withhold or delay its consent provided (i) the Parcel Owner or Occupant demonstrates to Developer's reasonable ' satisfaction that the Hazardous Materials (a) are necessary or useful to the Parcel Owner's or Occupant's business, (b) will be monitored, used, stored, handled, and disposed of in compliance with all Environmental Laws, (c) will not endanger any persons or property, (d) ' are consistent with and normally found in first-class retail establishments, and (e) will not invalidate or limit the coverage or increase the premiums of any insurance policy effecting or covering the Store, the Parcel, or the Shopping Center; (ii) such use is not prohibited by Article VI of this Declaration; (iii) the Parcel Owner or Occupant provides Developer with such security as may be reasonably required by Developer; and (iv) the Parcel Owner or Occupant satisfies any other requirements Developer may reasonably impose with respect to the Parcel Owner's or Occupant's use of the Hazardous Materials. ARTICLE XII ' LIENS 12.01 Assessment Lien. If any sum of money payable by any Parcel Owner ' pursuant to any provision of this Declaration to any other Parcel Owner is not paid when due, and after the defaulting Parcel Owner has been notified in writing of the default and the expiration of any applicable grace period set forth in this Declaration, or a reasonable GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 36 ' period of time not to exceed thirty (30) days if there is no express grace period, the Person to whom the sums are owing shall have the right to record, in the office where documents are to be recorded, a notice of Assessment Lien ("Notice of Assessment Lien") which shall set forth the then-delinquent amount owed by the defaulting Parcel Owner pertaining to any Parcel (including, if applicable, interest at the Default Rate) and a legal description of the Parcel within the Shopping Center owned by that defaulting Parcel Owner. Upon recordation of a Notice of Assessment Lien, the then delinquent amount owed by the Parcel Owner, together with interest on that amount, shall constitute an Assessment Lien upon the property within the Shopping Center described in the Notice of Assessment Lien which is owned or was previously owned by the defaulting Parcel Owner. If the amount secured by an Assessment Lien is not paid in full within ten (10) days after a Notice of ' Assessment Lien has been recorded, and the Parcel Owner has been provided with a copy of the recorded Notice of Assessment Lien, the Person to whom the amounts are owed may enforce payment of the assessment or other amount due, or enforce the Assessment Lien against the property of the delinquent Parcel Owner, by foreclosing the Assessment Lien against the delinquent Parcel Owners Parcel in accordance with the laws relating to ' the foreclosure of realty mortgages (including the right to recover any deficiency), either judicially or non-judicially under a power of sale, such power being hereby granted to Developer as a mortgagee. ' 12.02 Assessments as Personal Obligations. Each amount due by a Parcel Owner pursuant to any provision of this Declaration, together with interest at the Default ' Rate, costs and attorneys' fees, shall be the personal obligation of the defaulting Parcel Owner, but the personal obligation of the Parcel Owner shall not be deemed to discharge or limit the lien on the land of any Assessment Lien encumbering the property of the Parcel ' Owner within the Shopping Center. No Parcel Owner shall avoid liability for payment of any amount due under this Declaration which fell due while that Person was the Parcel Owner by nonuse of the Common Area or by transfer or abandonment of the Parcel Owner's ' property. If any property within the Shopping Center as to which a Notice of Assessment Lien has been recorded pursuant to Section 12.01 is sold, conveyed or otherwise transferred, in whole or in part, by the Parcel Owner of that Parcel, the property shall remain subject and subordinate to the Assessment Lien created by reason of the delinquency described in the recorded Notice of Assessment Lien. 12.03 Superiority of Assessment Lien. The Assessment Lien provided for above shall be superior to any and all other charges, liens and encumbrances which hereafter in any manner may arise or be imposed upon any portion of the Shopping Center, regardless ' of the order of filing of any of the foregoing; provided, however, that the Assessment Lien shall in all events be subject and subordinate to: ' (a) Liens for taxes and other public charges which by applicable law are expressly made superior to the lien of the Assessment Lien; ' (b) Any mortgages, trust indentures, deeds of trust, or security instruments of any kind recorded in the office of the County clerk and recorder prior to the date of recordation of a Notice of Assessment Lien; provided, however, that all liens recorded GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 37 subsequent to the recordation of a Notice of Assessment Lien shall be junior and subordinate to the Assessment Lien created by reason of the delinquency described in the recorded Notice of Assessment Lien; and (c) The rights of any and all Occupants occupying any portion of the Shopping Center under written leases, whether the lease at issue was dated and/or a of the lease was recorded before or after the Assessment Lien at issue. If a Parcel Owner is delinquent in paying any amounts due under this Declaration, and as a result of the delinquency a Notice of Assessment Lien is recorded as provided in this Declaration, the Person recording the Notice of Assessment Lien may record subsequent Notices of.Assessment Lien as to any amounts owed by that Parcel Owner to the same person which become delinquent after the recordation of the initial Notice of Assessment Lien, and the priority of the Assessment Lien as to any amounts thereafter becoming delinquent shall be fixed as of the date of recordation of the initial Notice of Assessment Lien, but only if the initial Notice of Assessment Lien has not been discharged. A person may prosecute a single Assessment Lien foreclosure action as to amounts ' delinquent at the time a Notice of Assessment Lien is recorded and as to amounts thereafter becoming delinquent, up to and including the time a final judgment is rendered ' in the action. 12.04 Release of Assessment Lien. Within 10 days after the curing of any default for which a Notice of Assessment Lien was recorded, the Person who recorded the Notice of Assessment Lien shall record an appropriate release of any Notice of Assessment Lien upon payment by the defaulting Parcel Owner of a reasonable fee, to be determined by the person recording the Notice of Assessment Lien, to cover the costs of preparing and recording the release, together with the payment of such other costs, including, without limitation, reasonable legal fees, court costs, interest, and fees, as that Person shall have incurred in connection the Assessment Lien. Any Assessment Lien relative to which suit has not been filed and a lis pendens recorded in the records of County, Montana with one (1) year after the date of the recordation of the Assessment Lien. shall automatically be rendered null, void and of no further force or effect. The foregoing nullification of any Assessment Lien shall be self-operative and shall not require the execution or recordation of any further documents. 12.05 Litigation of Assessment Lien. Notwithstanding any provision contained in this Declaration, any Parcel Owner shall have the right to contest, in a court of competent jurisdiction, the recordation of any Notice of Assessment Lien against the property within the Shopping Center owned or occupied by that Parcel Owner on the basis that the recordation of the Notice of Assessment Lien or the amounts claimed to be delinquent in the Notice of Assessment Lien are incorrect or improper under the provisions of this Declaration. The prevailing party in the action shall be entitled to recover from the other party or parties its reasonable attorneys' fees incurred in connection with the action. ARTICLE XIII MISCELLANEOUS GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 38 1 13.01 Notices. Any notice, payment, demand, offer, or communication required or ' permitted to be given by any provision of this Declaration shall be deemed to have been sufficiently given or served for all purposes-if personally delivered, sent by registered or certified mail, postage and charges prepaid, or by Federal Express or other reputable overnight courier or delivery service, addressed as follows: To Developer: Grant Creek Partners, LLC c/o StepStone Real Estate Services. 610 West Ash Street. Suite 1400 San Diego, California 92101 Attn.: Jack Naliboff Any such notice shall be deemed to be given (i) on the date of personal service upon the person to whom the notice is addressed or if such person is not available the date such notice is left at the address of the person to whom it is directed, (ii) three (3) days after the date the notice is deposited with the United States Post Office, provided it is sent prepaid, registered or certified mail, return receipt requested, and (iii) on the date the notice is delivered by a reputable professional courier service (including Federal Express, Express ' Mail, Emery or similar operation).to the address of the person to whom it is directed, provided it is sent prepaid. ' 13.02 Binding Effect. All of the limitations, covenants, conditions, easements, and restrictions contained herein shall attach to and run with each Parcel and shall benefit or be binding upon the successors and assigns of the respective Parcel Owners. This Declaration and all the terms,. covenants and conditions herein contained shall be enforceable as equitable servitude's in favor of.said Parcels and any portion thereof. ' 13.03 Breach Shall Not Permit Termination. It is expressly agreed that no breach of this Declaration shall entitle any Parcel Owner to cancel, rescind, or otherwise terminate this Declaration, and such limitations shall not affect in any manner any of the rights or remedies which the Parcel Owners may have by reason of any breach of this Declaration. 13.04 Legal Action. If any of the Parcel Owners breaches any provision of this ' Declaration, then any other Parcel Owner may institute legal action against the defaulting Parcel Owner for specific performance, injunction, declaratory relief, damages, or any other remedy provided by law.. In addition to the recovery of any such sum or sums expended on behalf of the. defaulting Parcel Owner, the prevailing Parcel Owner shall be entitled to recover from the losing Parcel Owner such amount as the court may adjudge to be reasonable attorneys' fees for the services rendered to the prevailing Parcel Owner in any ' such action. 13.05 Breach - Effect on Mortgagee and Right to Cure. Breach of any of the covenants or restrictions contained in this Declaration shall not defeat or render invalid the lien of any Mortgage made in good faith, but all of the foregoing provisions, restrictions, and covenants shall be binding and effective against any owner of any portion of the GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 39 Shopping Center, or any part thereof who acquires title by foreclosure or trustee's sale or by deed in lieu of foreclosure or trustee's sale; provided, however, that any such owner ' who acquires title by foreclosure or trustee's sale or by deed in lieu of foreclosure or trustee's sale shall take title free of any liens created or provided for hereunder, though otherwise subject to the provisions hereof. Notwithstanding any other provision in this ' Declaration for notices of default, the Mortgagee of any Parcel Owner in default hereunder shall be entitled to notice of said default, in the same manner that other notices are required to be given under this Declaration; provided, however, that said Mortgagee shall ' have, prior to the time of the default, notified the Parcel Owner giving said notice of default of the Mortgagee's interest and mailing address. In the event that any notice shall be given of the default of a Parcel Owner and such defaulting.Parcel Owner has failed to cure or ' commence to cure such default as provided in this Declaration then and in that event the Parcel Owner giving such notice of default covenants to give such Mortgagee (which has previously given the above stated notice to such Parcel Owner) under any Mortgage affecting the Parcel of the defaulting Parcel Owner an additional notice given in the manner provided above, that the defaulting Parcel Owner has failed to cure such default and such ' Mortgagee shall have thirty (30) days after said additional notice to cure any such default, or, if such default cannot be cured within thirty (30) days, diligently to commence curing within such time and diligently pursue such cure to completion within a reasonable time ' thereafter. Giving of any notice of default or the failure to deliver a copy to any Mortgagee shall in no event create any liability on the part of the Parcel Owner so declaring a default. ' 13.06 Effect on Third Parties. Except for Section 13.05 which is for the benefit of Mortgagees, the rights, privileges, or immunities conferred hereunder are for the benefit of the Parcel Owners and not for any third party. 13.07 No Partnership. Neither this Declaration nor any acts of the Parcel Owners shall be deemed or construed by the parties hereto, or any of them, or by any third person, to create the relationship of principal and agent, or of partnership, or of joint:venture, or of any association between any of the Parcel Owners to this Declaration. ' 13.08 Modification. No modification, waiver, amendment, discharge, or change of this Declaration shall be valid unless the same is in writing and signed by all of the Parcel Owners. In the event a request to change or alter this Declaration is made by any ' "institutional lender," as defined hereinbelow, proposing to extend credit to be secured by a first deed of trust or first mortgage on the interest of any Parcel Owner within the Shopping Center, in order to (i) clarify the rights of such lender hereunder and/or (ii) otherwise better secure to such lender its ability to protect its security, consent to such changes or alteration of this Declaration shall not be unreasonably withheld by any Parcel Owner or other person or entity whose consent or approval thereto is required by this ' Declaration. The term "institutional lender," as used herein, shall be deemed to mean any bank, savings or building and loan association, trust or other similar institutional type of lender (including loan service correspondent companies designated by any such lender). 13.09 Severability. In the event any term, covenant, condition„ provision, or agreement contained herein is held to be invalid, void, or otherwise unenforceable, by any 1 GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 40 court of competent jurisdiction; such holding shall in no way affect the validity of c r J � � Y Y enforceability of any other term, covenant, condition, provision, or agreement contained ' herein. 13.10 Governing Law. This Declaration and the obligations of the Parcel Owners hereunder shall be interpreted, construed, and enforced in accordance with the laws of the State. 13.11 Terminology: Captions. All personal pronouns used in this Declaration, whether used in the masculine, feminine, or neuter gender, shall include all other genders; the singular shall include the plural and vice versa. Article and section titles or captions" contained herein are inserted as a matter of convenience and for reference, and in no way define, limit, extend, or describe the scope of this Declaration or any provisions hereof. ' 13.12 Counterparts. This Declaration may be executed in multiple counterparts, each of which shall be deemed to be an original agreement, and all of which shall. constitute one agreement. 13.13 Consent. In any instance in which any Parcel Owner shall be requested to consent to or approve of any matter with respect to which such consent or approval is required by any of the provisions of this Declaration, such consent or approval or disapproval shall be given in writing. 13.14 Estoppel Certificate. Each Parcel Owner hereby severally covenants that upon written request of the other Parcel Owner it will issue to such other Parcel Owner or to any prospective Mortgagee, or purchaser of such Parcel Owner's Parcel an Estoppel Certificate stating: (a) whether the Parcel Owner to whom the request has been-directed knows of any default under this Declaration and if there are known defaults specifying the nature thereof; (b) whether to its knowledge this Declaration has been assigned, modified or amended in any way (and if it has, then stating the nature thereof); and (c) whether to the Parcel Owner's knowledge this Declaration as of that date is in full force and effect. 13.15 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Shopping Center to the general public or for the ' general public or for any public purpose whatsoever, it being the intention of Developer that this Declaration shall be strictly limited to and for the purposes herein expressed. 13.16 Release. If a Parcel Owner shall sell, transfer or assign its entire Parcel or its interest therein, it shall, except as provided in this Declaration, be released from its unaccrued obligations hereunder from and after the date of such sale, transfer or assignment. It shall be a condition precedent to the release and discharge of any Grantor or assignor Parcel Owner from its unaccrued obligations hereunder that the following ' conditions are satisfied: (a) such Grantor or assignor shall give notice to the other Parcel Owner(s) of any such sale, transfer, conveyance or assignment prior to the filing for record of the instrument effecting the same, (b) such Grantor or assignor shall pay all monetary ' sums than owed under the terms of this Declaration, and (c) the transferee shall execute GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 41 ' and deliver to the other Parcel Owner(s) a written statement in recordable form in which: (i) the name and address of the transferee shall be disclosed; and (ii) the transferee shall ' acknowledge its obligation hereunder and agree to be bound by this Declaration and perform all obligations hereunder in accordance with the provisions of this Declaration. Failure to deliver any such written statement shall not affect the running of any covenants ' herein with the land, however, it shall constitute a default by the transferee hereunder. Anything in this Section to the contrary notwithstanding, it is expressly understood and agreed that no such sale, transfer or assignment or written acknowledgment by the Transferee of its obligations hereunder shall effectuate a release of its Transferor with ' respect to obligations which accrued hereunder prior to the subject transfer. 13.17 Time of Essence. Time is of the essence with respect to the performance of each of the covenants and agreements contained in this Declaration. 13.18 Excuse for Nonperformance. Each Parcel Owner shall be excused from ' performing any obligation or undertaking provided in this Declaration, except any obligation to pay any sums of money under the applicable provisions hereof (unless such payment is conditioned upon performance of any obligation or undertaking excused by this Section), in the event and so long as the performance of any such obligation is prevented or delayed, retarded or hiridered by act of God, fire earthquake, floods, explosion, actions of the elements, war, invasion, insurrection, riot, mob violence, sabotage, inability to procure or general shortage of labor, equipment facilities, materials or supplied in the ordinary course on the open market, failure of normal transportation, strikes, lockouts, action of labor unions, condemnation, requisition, laws, orders of governmental approvals or permits despite the exercise of due diligence and best efforts by a Parcel Owner or any other cause, whether similar or dissimilar to the foregoing, not within the reasonable control of such Parcel Owner, other than the lack of or inability to obtain funds. 13.19 Duration. This Declaration and each term, easement, covenant, restriction and undertaking of this Declaration will remain in effect for a term of sixty (60) years from ' the recordation date hereto and will automatically be renewed for successive ten (10) year periods unless the Parcel Owners owning 51% or more of the land comprising the Shopping Center elect in writing not to so renew. 13.20 Waiver of Default. No waiver of any default by any Parcel Owner.shall be implied from any omission by any other Parcel Owner to take any action in respect of such ' default if such default continues or is repeated. No express written waiver of any default shall affect any default or cover any period of time other than the default and period of time specified in such express waiver. One or more written waivers of any default in the performance of any term, provision or covenant contained in this Declaration shall not be deemed to be a waiver of any subsequent default in the performance of the same term, provision or covenant or any other term, provision or covenant contained in this ' Declaration. The consent or approval by any Parcel Owner to or of any act or request by any other Parcel Owner requiring consent or approval shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar acts or requests. GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 42 1 � � ' The rights and remedies given to any Parcel Owner by this Declaration shall be deemed to be cumulative and no one of such rights and remedies shall be exclusive of any of the ' others, or if any other right or remedy at law or in equity which any such Parcel Owner might otherwise have by virtue of a default under this Declaration, and the exercise of one such right or remedy by any such Parcel Owner shall not impair such Parcel ' Owner's standing to exercise any other right or remedy. 13.21 Common Ownership. The ownership of the Shopping Center by the same Person shall not result in the termination of this Declaration. EXECUTED as of the date first above written. 1 DEVELOPER: 1 By: Hal McNee 1 By: ' David W. Hutchinson By. Jack Naliboff 1 STATE OF ) 1 COUNTY OF as This instrument was acknowledged before me on , 1997, by Hal McNee, David W. Hutchinson, and Jack Naliboff as of ' (SEAL) Notary public for the state of Montana Residing at My commission expires 1 GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 43 1 . 82366 1 1 GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 44 1 • � 1 EXHIBIT "G" RULES AND REGULATIONS 1 A. Occupant Stores 1 1. Each Parcel Owner shall use its best efforts to require its Permittees to comply with all regulations with respect to the Common Area, including, but not by way of limitation, posted speed limits, directional markings and parking stall markings. 2. All Stores in the Shopping Center shall have their window displays, exterior PP 9 signs and exterior advertising displays adequately illuminated continuously during such ' hours as the Shopping Center is open for business to the public as determined by Developer in its reasonable discretion. 3. All Stores, including entrances and retums, doors,fixtures,windows and plate glass shall be maintained in a safe, neat and clean condition. 1 4. All trash, refuse and waste materials shall be regularly removed from the premises of each Store within the Shopping Center, and until removal shall be stored (a) 1 in adequate containers, which containers shall be covered with lids and shall be located so as not to be visible to the general public shopping in the Shopping Center, and (b) so as not to constitute any health and fire hazard or nuisance to any Permittee. Occupants 1 who utilize an exterior trash storage receptacle and who are responsible for arranging for the regular removal of trash from such receptacle shall cause the removal to occur between the hours of 7 a.m. and 10 p.m. ' 5. No portion of the Shopping Center shall be used for lodging purposes. 1 6. Except as may be permitted by Developer or by the terms of an occupants lease, neither sidewalks nor walkways shall be used to display, store or place any merchandise, equipment or devices. 1 7. No advertising medium shall be utilized which can be heard or experienced outside of any.Store, including, without limiting the generality of the foregoing, flashing ' lights, searchlights, loud speakers, phonographs, radios or television. 8. No use shall be made of the Shopping Center or any portion or portions ' thereof which would (a) violate any law, ordinance or regulation, (b) constitute a nuisance, (c) constitute an extra-hazardous use, or (d) violate, suspend or void any policy or polices . of insurance on the Stores. 1 9. The Parcel Owners and occupants shall use their best efforts to require all trucks servicing their respective Stores to load and unload such trucks (a) only during the 1 hours permitted by Section 6.06 of the Declaration, or (b) so as not to materially interfere with the operation of the other Stores within the Shopping Center. 1 GRANT CREEK TOWN CENTER DECLARATION.OF COVENANTS, PAGE 45 B. Conduct of Persons The following rules and regulations are hereby established for the use of roadways, walkways, the Parking Area, and other common facilities provided for the use of Permittees: ' 1. No person shall use any roadway or walkway (other than Outside Sales Area permitted by Developer), except as a means of egress from or ingress to any ' Store and the Parking Area within the Shopping Center or adjacent public streets, or such other uses as approved by the Parcel Owners. Such use shall be in an orderly manner, in accordance with the directional or other signs or guides. Roadways within the Shopping ' Center shall not be used for parking or stopping, except for the immediate loading or unloading of passengers. No walkway (other than Outside Sales Area permitted by Developer) shall be used for other than pedestrian travel or.such other uses as approved ' by the Parcel Owners. 2. No person shall use the Parking Area except for the parking of motor ' vehicles during the period of time such person or the occupants of such vehicles are customers or business invitees of the business establishments within the Shopping Center. ' All motor vehicles shall be parked in an orderly manner within the painted lines defining the individual parking places. During peak periods of business activity, limitations may be imposed as to the length of time for parking use. Such limitations may be made in specified ' areas. 3. No person shall use any utility area, truck court or other.area reserved ' for use in connection with the conduct of business, except for the specific purpose for which permission to use such area is given. ' 4. Developer reserves the right to designate certain portions of the Parking Area are for the nonexclusive use as parking areas by the respective employees, agents, contractors, licensees and concessionaires of the Occupants. Such portions of the 1 Parking Area may be more particularly set forth in the Site Plan. Developer and each Occupant shall use its reasonable best efforts to require its employees, agents, contractors, licensees and concessionaires to park in the portions of the Parking Area designated by Developer, as may be shown on the Site Plan, for such use. Each Occupant shall furnish Developer with a list of all of their respective employees' license plate numbers and shall thereafter notify Developer of any changes thereto within ten (10) days ' after any such change If such employees fail to park their vehicles in such designated parking areas, except to the extent Developer may have agreed to the contrary in any lease with an Occupant or any of-record written agreement with another Parcel Owner, ' then Developer may charge such Occupant or the Parcel Owner with respect to such occupant, $15.00 per day per vehicle for each day or partial day that such vehicle(s) are parked in any areas other than those so designated. All amounts due under the provisions ' of this paragraph shall be payable to Developer within ten (10) days after Developer's demand therefor. All Occupants hereby authorize Developer to tow away or cause to be towed away from the Shopping Center any vehicle in violation of the provisions of this GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 46 ' paragraph and/or attach violation suckers or notices to such vehicles. 5. Developer shall have the right to supplement these Rules and Regulations with rules and regulations dealing with the public's right to engage in expressive activity in the Shopping Center ("Expressive Activities Regulation") which Expressive Activities Regulations shall comply with then current Montana law. 6. Subject to the Expressive Activities Regulations, no person shall, in or on any ' part of the Common Area. (a) Vend, peddle or solicit orders for sale or distribution of any merchandise, device, service, periodical, book, pamphlet or other matter whatsoever. (b) Exhibit any sign, placard, banner, notice or other written material. c Distribute an circular, booklet, handbill, placard or other material. ( ) Y ' (d) Solicit membership in any organization, group or association or contribution for any purpose. (e) Parade, rally. patrol, picket, demonstrate or engage in any conduct that might tend to interfere with or impede the use of any of the Common Area by any Permittee, create a disturbance, attract attention or harass, annoy, disparage or be detrimental to the ' interest of any of the retail establishments' within the Shopping Center. (f) Use any Common Area for any purpose when none of the retail ! establishments within the Shopping Center is open for business or employment. (g) Throw, discard, or deposit any paper, glass or extraneous matter of any kind, except in designated receptacles, or create litter or hazards of any kind. ' (h) Use any sound-making device of any kind or create or produce in any manner noise or sound that is annoying, unpleasant, or distasteful to any Permittee. (i) Deface, damage or demolish any sign, light standard or fixture, landscaping material or other improvement within the Shopping Center, or the property of customers, business invitees or employees situated within the Shopping Center. ' The listing of specific items as being prohibited is not intended to be exclusive but is intended to indicate in general the manner in which the right to use the Common Area may be limited. Any Parcel Owner shall have the right to remove or exclude from or to restrain (or take legal action to do so) any unauthorized person from, or from coming upon, the Shopping Center or.any portion thereof and prohibit, abate, and recover damages arising from any unauthorized act, whether or not such act is in express violation of the GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 47 ' prohibitions listed above. In so acting such Parcel Owner is not the agent of other Parcel Owners or occupants of the Shopping Center, unless expressly authorized or directed to do so by the Parcel Owner or Occupant in writing.. 1 GRANT CREEK TOWN CENTER DECLARATION OF COVENANTS, PAGE 48 j ��•. ! SUMMARY BRIDGE CONNECTION j '- ------------- I SITE AREA: 2a7 ACRES BUILQING.AR@A: j I j BUILDING "A' - SAFEWAY 55,000 S.F. BUILDING 'B' =RETAIL SHOPS 6,500 S.F. M°R FUTURE CONNECTI)NE I BUILDING 'C' - RETAIL 10,000 S.F. �� j BUILDING "D' - MAJOR 25,000 S.F. Q BUILDING "E' - RETAIL SHOPS 4,900 S.F. /f I BUILDING'F9 RETAIL SHOPS 14,500 S.F. BUILDING G - RETAIL SHOPS 10,050 S.F. Ir Q I TRUCK DOCK �� I BUILDING 'J' - MAJOR 15,000 S.F. I I / I^ BUILDING 'K' - COMMERCIAL 6,000 S.F.� 'A' / e ' j ; ------ — — — ;AFe�VAY' - BUILDING L - FQOQ 5,6QQ SF. BUILDING 'M' - FOOD 2,400 S.F. j I I I I I111I II I I I %•. K• c ' j — y , ; t! BUILDING 'No - FINANCIAL 3,000 S.F. Y Es I BUILDING P - FOOD 4,500 S.F. sI •B' 'C' MAJOR .F ��% �i fW jr BUILDING 'O' - TBA 6,500 S.F. WJ ru TOTAL 168,950 S.F. `GIN ES i t 'Y o PARKING PROVIDED 863 STALLS BUILDING/SITE RATIO (INCL. GAS PARCEL) 18.7% �+S j (NOT INCL. GAS PARCEL) 19.8% 50,000 S.F. NEf (NOT INCL GAS PARCEL OR Y I •N' M. 50 LANDSCAPE BUFFER) 22.7% J I �SIGNALIZED ' ° __ _ -- ---- ---- ® i IN TERSECT10ir FUTURE I _ ii SIGNALIZED ` I J DECELERATION LANE INTERSECTION \ LANE ERAiION ^ �� c ENTRY CORRIDOR I PYLON.-4GN. - LANDSCAPE SO! NORTH 19TH AVENUE — FEBRUARY 3, 1998 p Thu vte ct is n t a eep2wnWtion. ty or gw.to as b sue,bcation or Amu�ol airy T«anC and the EuiNl��gqaa inpmementa,parkwg,inyna.aM O 50• 100' 2C0• 2jz::a c.`cngc;,aCdtc:.a ac y pooh c V r-P.ac' N 3 OMON> y gweminttl o9<n4 no Eiecl My apedfc tanont MarencN SITE PLAN A "� 3 Mew is auhjecl to c rge.a 16w.a nqe of b uon.etc..at a y um° .,,t_t prior nati_ /� /� 452 Eghih Avenue t—/ I /L—/ (/�\ El l ! �l \J Grant Creek Partners Suite A a � • Sal Diege,CA 92101 � � � f � PEA � v I L_ � , A R C N I T E C i U R E Tel�6t9;234-0789 1 n 7 F M /�` , M C> N T A N A - `�6' 523- 4 P L AN N 1,14 G FmtIE'.51 234-6136 LLLiii 000PRW iixrru+L�WRE-to awrs WURIED . 1 i Aa All mimm"wl _p�4 f 9'C ptr1,. >,.. (: �.BdI0G611 PEAKS r 1� '3 W E S T E L E V A T 1 O N 1 1 1 1 - ► .��''r�,�t :S A F E Wgggpogganou -- � 1 a _ x'::.,y :.T ate- r ':, vv 3 S':!. ` •k 1 R - - 1 S O U T H W E S T E L E V A T 1 -0 N 1 ' FEBRUARY 1998 452 ElD'M Avate S.DI BRI DEER PEAKS CENTER S.Oleg4 CA 92U1 _ r ARCHITECTURE TeI I88 1 .PLANNING Fexl69 211.10 BOZEMAN, MONTANA ` s 11 1 ® ,r wwW L•awaE-iu wens aaunm , 6M I I2-268 � 1935 6361 .N I �` I 9f� 4651AT 9662T - . - PC/ „\+ ,_+ _ �, �� �'i� /"k--18Z T • i I BOZ SE BA E of I \ xd' 31 � I 4708 rG 17.1,T 'fir` -1 T.a:le .j •• I p•.K i �1 iPant f , 4725 T J 1 ��� ----- -- t 1 ■, \\ ' '86 - To -S JECT PROPERTY — -1 _/-� - —j t ES7, I I O •\I LV T SIRE 16 TPa}k i i `4768AT 1 ' • p 296• ,x II- ■' I fair9rognd J I I 1 �.- 'i 1 1 I i ■ A 61 1„ 4 4769 K�, \• .••, . I •.I l N T 1737T T r'.J I l• 1 ���/I I T q Par , ;-- i :;I; ; ,a;,�•' I I- - j z I L ( MfNO rutt �P.,A l MAlN ST ■ _ _ iii�1111 1■ e '% .t-j .r f • �1 •�' 9�129T�• 'I.1' •11 '' I WI .2 ABCOC ■t.R■ $T �I BM *,". •— i 1 ,j I i I •II• I I III /�I iI � - ---- - y I —��/� - ��'•��." rh Yr 9BZ9 Sunset erns T � � � � i `■'� ..� �..� // ��� Cemetery Montana I I Sta e Untvenlry GARDNER-SIMMENTAL PLAZA GRAPHIC SCALE S.K.A.,INC STATE OF MONTANA 5851 E.BAXTER LANE STATE LANDS 100 o so wo 200 wo BOZEMAN,MT 59715 151 EVERGREEN,SUITE C BOZEMAN,MT 59715 T S 35 36 ( IN FEET) ryt� 1 inch= 100 4t T2S s S87•0645°E aaoss BAXTER LANE 2" 16ECT ION NIR 296.77 T2S -- IX 12.1@ EY 125a T2S R5E 583.88 IX 128E IIX/7!6 501'34'S8"W 60.54' N8197.7' I197.73' I3 DELTA-22"33'55" d RAD=752.41 M LEN=296.33 TRACT A C.0.S. 1215C IM� I 8.30 ac. N Iv �I z' I 589ro9'38"E 1070.27' GRACE E.FRANCE JOANN L.CAPE I AI 222E W MAIN 9 TRACT B I BOZEMAN,MT 59715-3972 I p i C.O.S. 1215C © p p I 11 .7E ac. p I ® sasro9'2s"E p 1370.48' zl IPETER K.NELSON ZI TRACT 1 B BOZ MANDEVILLE LANE 1104 MAN,MT 59715 AND EX.25'R.O.W.+7 C"0.S, 1215 A JERKY L.PERKINS AND PT LAND \ EX.21'R.D.W. 20.01 a c. BOZEMAN,225 EMT 597715HALL ,\ Iw ' o I OPEN SPACE CALCULATIONS FOR EFFECTS OF ADJUSTED I yy NEW TRACT 4A COMMON LOT LINE �. V TOTAL LAND AREA: 24.107 ac ORIGINAL TRACT 4A: 22.252 ae. 1p M ail \ DEDICATED R.O.W.: 2.888 ac. ORIGINAL TRACT 48: 19.989 ac. Y NET USABLE AREA: 21,219 ac. TOTAL: 42,241 0e AI REQUIRED OPEN SPACE: 6.366 ac. \ \ NEW TRACT 4A: 24.107 0e. OPEN SPACE: NEW TRACT 48: 18.134 cc. \ TOTAL: 42.241 a \ \ \ I INTERIOR OPEN SPACE(ADD.): 2.132 ac. a. \ SETBACKS FROM R.O.W.: 2.946 ac. TRACT 4A GAINS 1.855 AC. 1\ TOTAL OPEN SPACE: 2.814 cc, I31 I I-60 \ _ L s89_09'35"E -- 778.98' E% 24"CUL RT \ � --o S89 09 35 E 648.05' 546 c TO BE OEDIUATED 4MTH SUBSEQUENT PLAT t ' r\\ \ �1�57 Q7 •- �k� 328 0 5 X\ kJ 1 LT, I 456_cc OPEN SPA E TO BE DEVELOPED V71Ty SUBSEQUENT,PLAT REPLACE EXISTING•60'PUBLIC STREET EASEMENT -WITH 60'PUBLIC STREET AND UTILITY EASEMENT `PARALLEL TO PROPERTY LINE 1,6 I LOT 11 0, , f 64,516 of v V A ai a 1` ) \I 60'PUBLIC STREET �I 4" EASEMENT J TO BE ABANDONED x N89'04'23"W 53.27' - ,'1 5.5� H.H. I s ! 9,867 a \EXISTING x __LOT...10 ;A PROPER \ �! .l+ll 1� 183,52D of \ I� LINE iLINE _f € 4.21 ac. Z f ( NEW -,' '1fl89011 W I III {_ I j j I aq PROPF�RTY f I -I + ,f "E��" LINE TR �j. r I 1 I > PHASE-LINE �'. PHASE LINE w N \ rr' 1 LOT 7,, III ; '12"E I _ N) s, wI 3771ofj ; , �T4r -' N (m TRA.CT 4 I 0 87 a0 c I !I I� LO"f-8 '�i� °'•i3.y :t I M T, 59,810 of /.. M -,, %'� fs` O• �1 ZI \, "`-.`\ „�D£F vr; All I I _ �' t I �r; / " - Lai-, r •.�gx'yryy0. \ ��\ \ -\ — �� i/ PETER K.NELSON Wi 3 \ 3-' 35'VN­ STREAM SETBACK I 1�4yin LOT 6 e ; � 1104 MANDEVILLE LANE rn i L I o I 6,251 ek.3 00 - I \�j, / 3 BOZEMAN,MT 59715 O Ie m I wl k \ \% AND Z I 1 M'...TI.. .i L , w \\\ •?C t ¢ �2'•` JERKY L.PERKINS AND PT LAND wN .._ \4�� \ N89'5T04"W 29� 37 sf \ AREA INCLUDED!N % c0 C/O 225 E.MENDENHALL w `� 'i I- sssro{f1¢ ! \�\ y\ V y 179' 8.77•.ac. - 7 STREAM SETBACk=2.247 oc.' Q;' BOZEMAN,MT 59715 >- g EXISTING STR`LA M\DITCH �to ^w�3w I I I al �1 r. lQ,���\"``\� \\,\ \ 'a;,;r,, �,\ ,c\�\ " •� ,f'� I tiv�nm j II _ \ �V'VV' 35 STREAM . "..��C . Y s _ __ 9' \nl SETBACK / ! � I I•�,` ��� \ Q, 8 07'12'E '2 5 9Y� , \ w ' %, N. Lj ! a x V \�. 9roe1GREMEENN �'�y�Oa� 178,0200 T 2 O1 I I I a Ic. LLLLLL��gggggg'$9�51' I I \`,(`:\ \� ` .1 A <. •\ < :ry \ LOT of w I,,PARKING STRIPI' (T1T \SB 86 �..— ..-_._"; r _. 1a61 ac.T _, \. © ©y: TORIA DRAIN I --{ 30051 of ,1(� �$O � AY �,..�- x 345�c.OPEN SPACE TO BE p m., z dd S EASEMENT a 'EASEMENT 3 ED S S E ! ,III 0.71 ac. ',EX 60"RC _ DEyELO20'STORM DRAINQU - + .:L:.11 N .. .,II EI h_{i.'i.i1} 00 EASEMENT NT P W17ER MAIN STUB 16 CULVERT 3. IX 14aTt EX I;III7! _.--- A$T AHC7 DGE__ - _ LVER _ - 80 -- .. IX 14WM _ IX 1 _ - ._ ._IX 141YIP1�--.� - - ASPA,HLTIFRGE _ OAK STREET Ek ra'cuLVERr a_L°E2 — — - - IX�14tlfii � 1 _ -S89°70'}2"E _ 728 98' 58910.32 E 661.79 - — C.O.S.1240E ,, - ___J _ _ — `a2 90. To E=8EOL4TED-WITH SUBSEQUENT PLAT GRACE E.FRANCE ROY T.WALTON JOANN L.CAPE B COVER WAGON MOBILE HOME PARK 1319 W.DURSTON 2220 W.MAIN ST. COVERED WAGON MOBILE HOME,L.L.C. BOZEMAN.MT 59715-2726 BOZEMAN.MT 59715-3972 P.O.BOX 8160 BOZEMAN,MT 59771-6160 0 MO R R I S O N ENGINEERS LEGEND scIVEYIORS PREAPPLICATION PLAN OF suRVEYoas N.ao iaananc lv— BURIED TELEPHONE AND FOUND SECTION CORNER AREA CALCULATED AB ADDITIONAL ❑❑ l�JIAIERLE,INc. PLANNERS TELEVISION LINES OPEN SPACE WITH THIS P.U.D. BRIDGER PEAKS TOWN CENTER SINCE 1945 GAS— BURIED GAS LINE % FOUND QUARTER CORNER LIMITS OF DEDICATED RIGHT-OF-WAY FOR Am,Employee-Owned Company DEDICATED WITH THIS P.U.D. ASPHALT EDGE ® FOUND PROPERTY PIN OMITS OF RIGHT-OF-WAY TO BE GRANT CREEK PARTNERS P.O.Box 1113 901 Technology Blvd. Bozeman,MT 59771 •Phone:(406)587-0721 fax:(406)587-1176 x EXISTING FENCE LINE WS DEDICATED WITH SUBSEQUENT PLATS EXISTING OVERHEAD POWER TRACTS 4A AND 4B OF C.O.S 1215A EXISITNG 24"SANITARY POLE LIMITS OF GREENWAY EASEMENT REVISION DATE: �IX21aet DEVELOPED WITH THIS P.U.D. LOCATED IN THE NW 1/4 OF SEC. 1, REVISION DATE: SEWER MAIN EXISTING SANITARY SEWER DRAWN BY: LLL DATE: 2/17 98 ® ' LIMITS OF GREENWAY EASEMENT T 2S, R 5E, P.M.M., CITY OF BOZEMAN, / IX 1>m SEISTIN WER MAN SANITARY EXISTING FIRE HYDRANT DEVELOPED WITH SUBSEQUENT PLATS GALLATIN COUNTY, MONTANA IX 14Wm EXISTING 14"WATER CHECKED BY: KSB DRAWING NO.: 3121MSTR.DWG MAIN JOB NO.: 3121.001/030/0310 SHEET 1 OF 1 I I � I ` I SUMMARY o BRIDGE CONNECTION - - i SITE AREA: 20.7 ACRES _�___ __ - - BUILDING AREA: ® BUILDING "AT - SAFEWAY 55,000 S.F. MA OR ® BUILDING "B" - RETAIL SHOPS 6,500 S.F. FUTURE CONNECTION j BUILDING C - RETAIL 10,000 S.F. BUILDING TDw - MAJOR 25,000 S.F. --' BUILDING "E° - RETAIL SHOPS 4,900 S.F. iT BUILDING wFe - RETAIL SHOPS 14,500 S.F. I w �' G. = I BUILDING wGw - RETAIL SHOPS 10,050 S.F. TRUCK DOCK BUILDING e Jw — MAJOR 15,000 S.F. BUILDING "Kn — COMMERCIAL 6,000 S.F. SAFEWAY ;® BUILDING "L" - FOOD 5,600 S.F. BUILDING eM° - FOOD 2,400 S.F. CD w I K w BUILDING N FINANCIAL 3,000 S.F. • • •D• ! BUILDING `P" - FOOD 4,500 S.F. I� B C. MA�oR ,Fe �z BUILDING "O" - TBA 6,500 S.F. eE, z4 TOTAL 168,950 S.F. 285 KING Cl'r s $j •a• __ _ _ s'- ;!ODE %,r � - � � o © PARK&G PROVIDED: 0863 STALLS © © - - __ _ - _ © ©- - (5/1000 S.F.) b © ICC, - d BUIL1bNG/SITE RATIO: (INCL. GAS PARCEL) 18.7% GAS (NOT INCL. GAS PARCEL) 19.8% 50,000 S.F. NET _ - ,P, •Mw •L• ®� j (NOT INCL. GAS PARCEL OR •N' I 50, LANDSCAPE BUFFER) 22.77o I --- --- - __ ---------- I SIGNALIZED FUTURE "" --�"--- ------ ® -J i INTERSECTION SIGNALIZED L ACCELERAl10N� DECELERATION LANE INTERSECTION LANE ENTRY CORRIDOR S \ --- — N_ _ _ _ _ LANDSCAPE - 50' PYLON SIG NORTH 19TH AVENUE - - - - - - - o " 0 au U vi 5 FEBRUARY 8, 1998 This site plan is not a representation,warranty or guarantee as to size,location 0 or identity of any Tenant,and the buildings,improvements,parking,ingress,and 0 5� 0� N egress are subject such changes,additions and deletions as the architect, SITE PLAN landlord or any goverer mental agency may direct. Any specific tenant referenced herein is subject to change, deletion,change of location,etc.,at any time w without prior notice. c y�n 452 Eighth Averm ILL (��}(�� sanoego,cA92101 BRIDGER PEAKS TOWN CENTER Grant Creek Partners ARCHITECTURE I Tel IBM 234-M ^ O Z E M A` ' �� ^ ����� (406) 523-5634 PLANNING Fax(6�1234 8GS ({,�� ' Svc , O COPYRIGHT FEHLAOW LABARRE-ALL RIGHTS RESERVED / \^ _ / | *�** * ***** ** f +; t * ^ + ^ * * +;+ + ******». � + **+ **** ! * * *' TRANSACTION REPORT * � * MAR- 12-98 THU 04 41 PM * * * | * FOR CITY OF BOZ . CARNEi- IE 406 582 2363 * ! * * * SEND * * * � * DATE START RECElVER PAGES TlME NOTE * * MAR- 12 04 36 PM 95874526 6 4 ' 49n OK * � ******************� ************ ��� *********** **** ******* � ' - * *********** ************************************* ** ****************** * * * TRANSACTlON REPORT * * MAR- 12-98 THU 04 PM * * * * FOR : CITY OF DOZ . CARNEGIE 406 582 2363 * * * * SEND * * * � * DATE START RECEIVER PA ES TIME NUTE * * * * MAR - 12, 04 : 25 PM 958 72567 6 4 ' 02'" OK * * * | ********************************************************************* | . �************************************************************ ********* * * * TRANSACTION REPORT * * MAR 12 9O THU 04 ^ 23 ^ ` **** ******* ***************************************************** ***** * * * TRANSACTlON REPORT * ' * MAR- 12-98 T H U 04 20 PM * * * * FOR : CITY UF BOZ . CARNE11lE 406 582 2363 * * * * SEND * � � * * * DATE START RECEIVER PA11ES* TIME NUTE * * * � * MAR- 12 04 : 1 E. PM 9 1 E. 1 9234 8 1 3630 14 6 3 ' 52" OK * � * * | | **** ** ** ********************* ********************* ***** ************** * * . * TRANSACTION REPORT * * MAR- 12 -98 THU 03 : 57 PM * * * * FOR : CITY OF BOZ . CARNEGIE 406 582 2363 * * * * SEND * * * * DATE START RECEIVER PAGES TIME NOTE * * * * MAR - 12 03 : 52 PM 916018674Z943014 E. 4 ' 43'' OK * * * ************* **** **** *********************** ************************* ` _ 10)The applicants should begin discussions with the Gallatin County Weed Control District for the preparation of the required weed control plan. This plan must be provided as a part of the preliminary plat application in order for the application to be deemed compleie. 11)At the time Oak Street was constructed, it was anticipated that the adjoining properties would widen the street and add curb and gutter and storm drainage facilities upon development. 12)The lack of a public street from Oak Street to Baxter is somewhat of a concern. In the preliminary plat submittal please show the future plans for Tract 4B and how that ties into a north-south street in this area. 13)Payback districts are in the final stages of creation for the 14" water line in Oak Street and the 12" sewer line in Baxter Lane. These comments are intended to assist you in the design of your project and the preparation of your preliminary PUD plan and subdivision plat submittals. Other issues may arise during the preliminary review. If you have questions regarding these comments please contact city staff who will endeavor to assist you. We look forward to working with you and wish you success with your project. Sincerely, Chris Saunders Associate Planner cc: Philip Saccoccia,Jr.-'6o1- A7 g394 ((V) � Keith Belden, Morrison-Maierle,Inc _.a3�L- Andy Stevenson,Fehlman-LaBarre Architects Planners Q Shelly Engler, Cashman Nursery- Carol Owens- file BOZERAN . CITY-COUNTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640 Planning Office PHONE:(406) 582-2360 FAX: (406)582-2363 12 March 1998 Dave Hutchinson Grant Creek Partners 248 A.North Higgins Ave., Suite 238 Missoula, MT 59802 Dear Mr.Hutchinson: The Development Review Committee and Design Review Board of the City of Bozeman have reviewed the Pre-application and Concept plan for the Bridger Peaks Town Center subdivision and zoning Planned Unit Developments. The following letter is a summary of their comments and serves as the official notice of items which need to be addressed prior to or in conjunction with the Preliminary Plat and Plan applications for your project. General Notes: 1. Please review and become familiar with Section 16.22 of the Bozeman Area Subdivision Regulations. This section specifies when and how on and off-site improvements such as water, sewer, and streets, must be reviewed, approved, installed, and accepted. With the short time frame that you wish to follow for the project it will be critical to not have delays because of misunderstandings about infrastructure. 2. All elements of the project which do not conform to, or exceed, the requirements of the zoning and subdivision codes must be explained in a narrative which states how the goals of the ordinances are being met through an alternative standard. 3. The Preliminary Plan application must include a written narrative in response to how the project has satisfied the community objectives for P.U.D. proposals outlined in 18.54.020 - Intent of P.U.D., as well as the criteria in 18.54.100 - P.U.D. Design Objectives and Criteria. 4. If the applicants wish to complete a Planned Unit Development which avoids the requirement of site plans for future development, all information necessary for the review of a site plan must be provided with the preliminary PUD plan submittal (e.g. lighting, landscaping,building . envelopes, grading and drainage,parking,utilities, etc.).If the detailed information is not available over the entire site, Phase 1 may be done in detail and other phases may be approved with design guidelines as elaborated in Section 18.54.080.A.2 of the zone code PUD Concept Plan 1. The Development Manual for the Bridger Peaks Town Center must contain language in the protective covenants and restrictions for the property owner's association that specifically responds to the criteria set forth in Section 18.54.100, Group 1 - All Development Criteria, and Group 3 - Commercial. 2. The Development Manual must contain architectural and landscape guidelines that contain the landscape requirements for the greenway corridor along North 196'Avenue and stream corridor along the east boundary of the property, as well as the standards for the pedestrianibicycle pathways, as outlined in Section 18.54.110. 3. Section 18.43.060.B.1 of the zone code limits access points for Class 1 Entryway corridors to every 660'. Oak Street accesses are shown at a distance less than 660' between access points. Entrances closer together than 660' will require a request for an alternate standard which will be processed as a part of the PUD application. Section 18.50.110.E of the zone code notes that arterial drive access spacing is normally allowed,at 150' intervals for arterial streets which are not entryway corridors. The depicted locations of access points may not be in the locations allowed by the state.All access points must be coordinated with and receive the approval of the Montana Department of Transportation. 4. The full width of Oak Street shall be shown on the plans including areas south of the subject property. Access points to Oak Street from the south must also be shown. The eastern most entrance off of Oak Street is not in a desirable location due to the relatively small offset distance between it and North 17th Avenue. Consideration should be given to either substantially increasing the separation or aligning the entrance with the street. The final location of the entrances off of Oak Street will need to be coordinated with the city and MDT. 5. Landscaping per Section 18.50.100 of the zoning code is required for the parking lots as was noted in my letter to you of 4 September 1997. If an alternative parking lot landscaping standard is desired a description of how the purposes of the section are met must be provided. This description must also address the issue of parking lot screening from adjacent residential properties. 6. Storm water detention/retention and snow storage must be addressed. The site has a 12' drop to the Northeast. The preliminary PUD plan must show the locations of snow storage and will need to address the utilization of detention or retention. A 310 permit must be obtained to allow for discharge to the stream. The storm water and snow storage required may, with some limitations, be incorporated with the additional open space discussed below. 7. As identified in my letter of September 4, 1997, item 5, 30% of the gross site area, excluding dedicated right-of-ways, must be provided as open space. This is discussed in Section 18.54.1101 of the zoning ordinance. A description of how the open space requirement is to be met must be provided as part of the preliminary PUD plan submittal. If the plaza space in front of the main building complex is intended to be used to meet a portion of the open space requirement it may not be used for sales uses. Site furniture,planters and other pedestrian amenities must be provided. The thirty percent (30%)open space provision must be usable open space, not left-over islands of landscape. Landscape islands, in addition to the off-street parking lot landscape,that are intended to be part of the 30%open space provision must be of sue, � • adequate size to accomplish the intent of the open space provisions of Section 18.54.100 and 110 of the zoning ordinance. Additional consideration should be given to internal pedestrian circulation. Pedestrian access paralleling the main entrances and leading from the proposed trails to the main building should be considered. At locations where pedestrian circulation crosses vehicular traffic, changes in paving material should be incorporated throughout the development to serve as a designation of"crosswalks". This would be an opportunity to extend distinctive paving elements from the plaza area throughout the project. Access points from the N. 19d, and Oak Street pedestrian trails to the outlying buildings should also be considered. The applicant is encouraged to meet with the Trails subcommittee of the Bozeman Parks and Recreation Board to discuss the proposed locations of trails within the development prior to the submittal of the preliminary PUD plan. If possible a formal written recommendation from the subcommittee should be included in the preliminary plan submittal. 8. The number of parking stalls appears to be adequate at this time. However,the provision of additional open space and areas for storm water and snow storage are likely to reduce the area available for parking. Area F is shown as retail on the site plan and has been verbally described as a food court. There is a substantial difference in the parking required for.the different uses. The use will either need to be specified in the preliminary submittal or sufficient parking provided to address either use. 9. The subdivision/PUD plans must specify locations where utility lines will be placed. h' 10. Typical details for how the cross slope to the north will be addressed must be provided with the Preliminary PUD submittal. The elevations of buildings must also incorporate the changes in elevation. 11. CCNR 13.5 notes that the covenants are not a dedication to the public. The CCNR language will need to coordinate with the handling of the trails along the streets and the stream which are for public use as well as private. 12. The CCNRs need a section to note that no covenants or design guidelines which are conditions of approval may be changed without the written consent of the City of Bozeman. 13. The preliminary PUD plan submittal must show how the improvements for each lot will be sequenced. 14. If both tracts 4A and 4B of C.O.S. 1215A are to be in the PUD a conceptual layout of tract 4B must be provided. This should show general circulation, open space areas, parking, etc.. No information needs to be provided on who will occupy the area. 15. If the developer wishes to satisfy a portion of the open space requirement by adding land to Rose Park the proposal must be reviewed and approved by the Parks and Recreation Board. 16. If possible,the use of concrete for the paths along N. 19d'Ave. and Oak Street is preferred. 17. The developer should consider widening the major entrances and using center landscape medians. Based on the size of the commercial development and the nature of the central shopping node, the principal,driveway between the shopping center and the off-street parking lot should be at a minimum width adequate enough for two-way traffic and drop-off/parking on both sides (40 ft.). 18. The narrative accompanying the Preliminary PUD plan must address the relaxation of sideyard ... requirements-for the B-2 zone required for the main building complex. 19. If Tract 4B of C.O.S. 1215A is included in the PUD the proposed pedestrian trail should follow the stream with branches to service the property. 20. The landscaping for N. 19''Ave. must incorporate the formal elements required in Section 18.54 of the zone code. The landscaping for Oak Street must address the presence of a 4 inch natural gas main and the Farmers Canal and any access required to allow the maintenance of = these facilities. Per Section 16.14.050 of the Bozeman Area Subdivision Regulations a 20' maintenance easement is required for the canal. The landscaping plans shall accurately depict any easements within the 50"setbacks. If necessary detail drawings shall be provided to allow the review of the interrelationship of landscaping and easements. The infrastructure located along North 19'h Avenue and Oak Street shall not conflict with the 50-foot greenway corridor. The 50-foot corridor must be in addition to any easements that may contradict the placement of boulevard trees or other large species trees. 21. To satisfy the 15% common open space provisions of Section 18.54.110 the 50-foot wide greenway corridors shall be delineated and noted accordingly on the subdivision plat as a 50- foot wide "public greenway common open space easement" 22. Any requests to deviate and/or relax the regulatory standards set forth in Section 18.54.100 and 18.54.110 of the Zoning Ordinance will not be supported by the Planning Office. Subdivision Pre-application Comments 1) The subdivision must be processed as a subdivision PUD per 16.24 of the Bozeman Area Subdivision Regulation. Items requiring the subdivision PUD are: private accesses rather than 0. public streets, apparent provision of utilities to lots through an alternate standard. 2) A complete Environmental Assessment and Community Impact Statement as required and detailed in Section 16.18 of the Bozeman Area Subdivision Regulations must be provided as part of the Preliminary Plat application. The Community Impact Statement shall include a traffic study which shall describe the anticipated traffic from each phase of the development when completely built out. The traffic study shall include at a minimum the evaluation of the intersections of Oak and North 19th, Tschache and North 19th and the major entrances to the development. The need for added lanes to North 19th and to Oak shall be evaluated. Additional areas may need to be studied based on the results of the study. If the traffic study indicates that a signal will be warranted, as is anticipated,the improvements must follow Section 16.22 of the Bozeman Area Subdivision regulations. Normally all improvements must be installed prior to the approval and filing of a final plat per Section 16.22.030.B. There is an option, as detailed in Section 16.22.020 of the Bozeman Area • Subdivision Regulations, for an improvements agreement to be used to satisfy the requirement for the provision of infrastructure. If it is the developer's intent to use this option the improvements agreement must be submitted as apart of the preliminary plat application. 3) The preliminary plat must clearly show the total acreage of the project and whether the entire 40+ acres is being subdivided. If the entire 40+acres are subdivided then the open space requirement must be met over the entire project. If the entire 40+ acres are to be subdivided the right-of-way for N. 15'h shall be provided with the preliminary plat. The submittal shall describe how the stream and road will interact. 4) The full 60' right-of-way or easements for Tschache lane must be provided with the preliminary plat. Tschache Lane,the proposed street on the north side of development,will need to be constructed to city standards with phase II of the development. The ability to connect Tschache to N. 19t' must be shown to be legally existing with the preliminary plat application. The request to abandon the existing street easement must be made no later than the preliminary plat submittal. 5) The north-south traffic connection between Oak Street and Tract 413 which is adjacent to lot 1 should be developed as a private street since it is anticipated to function as one in the future. 6) Section 16.14.050 of the Bozeman Area Subdivision Regulations requires the placement of utility easements in specific locations. The CCNRs appear to contemplate a different mechanism to provide access to private utilities. If the developer wishes to provide access to utilities in a manner different from that required by code the narrative submitted with the Community Impact Statement must address how services will be provided and maintained. Staff is of the opinion that the perimeter access drives are logical locations for utility isms. The developer is STRONGLY encouraged to begin work immediately with the local utility providers on any alternative service access arrangement. 7) At least one, and preferably all, of the internal water loops in phases 1 and 2 should be connected to increase the reliability of supply. The sewer main to serve this project must outfall into the newly constructed sewer in Baxter Lane, east of N. 19th. This requirement stems primarily from three considerations: A) The Baxter sewer design report included this area for flow calculation/line sizing purposes; B) This requirement is in concert with the payback conceptually approved by the City Commission in its approval of the Hampton Inn project; and C) Given the depths of the sewers in this area,this requirement will minimize the number of drop manholes in the City's sewer system. If the applicant wishes to not comply with the comment above then an explanation of the rationale for the design shall be provided with the preliminary plat application. 8) The preliminary plat should clearly indicate which phase is intended to be constructed and in what order. The phasing of infrastructure should also be included. 9) The preliminary plat submittal should include a proposal to utilize the proposed trails in lieu of the sidewalks required in Section 16.14.040 of the Bozeman Area Subdivision Regulations. - LI a� 10)The applicants should begin discussions with the Gallatin County Weed Control District for the preparation of the required weed control plan. This plan must be provided as a part of the preliminaa plat application in order for the application to be deemed complete. 11)At the time Oak Street was constructed, it was anticipated that the adjoining properties would widen the street and add curb and gutter and storm drainage facilities upon development. 12)The lack of a public street from Oak Street to Baxter is somewhat of a concern. In the preliminary plat submittal please show the future plans for Tract 4B and how that ties into a north-south street in this area. 13)Payback districts are in the final stages of creation for the 14" water line in Oak Street and the 12" sewer line in Baxter Lane. These comments are intended to assist you in the design of your project and the preparation of your preliminary PUD plan and subdivision plat submittals. Other issues may arise during the preliminary review. If you have questions regarding these comments please contact city staff who will endeavor to assist you. We look forward to working with you and wish you success with " your project. Sincerely, Chris Saunders Associate Planner cc: Philip Saccoccia,Jr. Keith Belden,Morrison-Maierle,Inc. Andy Stevenson,Fehlman-LaBarre Architects Planners Shelly Engler, Cashman Nursery Carol Owens file GARDNER-SIMMENTAL PLAZA STATE OF MONTANA GRAPHIC SCALE S.K.X.INC STATE LANDS 1oc o w iro zoa eao 5851 E.BAXTER LANE 151 EVERGREEN,SUITE C BOZEMAN,MT 59715 BOZEMAN,MT 59715 12N'IR—�— + 36 ( IN FEET) I inch= 100 ft. Tggq'gg 1 WC NER TIS 58TO6'45"E BAXTER LANE ECTI 1 296.77 T2S pI�.-_._ IX 122w © T2S R5E 583.88 IX+195 IX 1293 IX, 486'44'58"W I197.73' I 2g� 2 s ca, DELTA=22"33'55" - ' RAD=752.41 M LEN=296.33 I , Xj TRACT A 4� j p C.O.S. 1215C I A 8.3E cc. N I I 2 S89'09'38"E 1070.27' GRACE E.FRANCE JOANN L CAPE I ZI 222E MAIN ST, TRACT B BOZEMAN,MT 59715-39 7 2 I j C.O.S. 1215 C ro I j 11 .71 cc. N z II II S89'09'26"E 1370.48' PROPOSED CAPE,SACCOCIA AND PERKINS Z WATER MAIN PETER K.NELSON I zj TRACT 1 B i 110E MANDEVILLE LANE I BOZEMAN, OZEMAN,MT 59715 AND EX 25 R.E.W.--j C.0.S. 1215 A C/O 225 JERKY L PERKINS AND PT LAND E DESHALL EX 25'R.O.W. 20.01 0•0 1 a c• BOZEMAN,MIT S9 ' I I l.1 ) � j OPEN SPACE CALCULATIONS FOR EFFECTS OF ADJUSTED y� \ NEW TRACT 4A COMMON LOT UNE I �. TOTAL LAND AREA: 24.107 at. ORIGIN TRACT 4A: 22.252 at, a DEDICATED R.0-W.: Z888 cc. ORIGINAL TRACT 46: 19.989 ao. n t I - NET USABLE AREA: 21.219 at. TOTAL• 42.241 ac. I N z I REQUIRED OPEN SPACE:\ 6.366 ac.\ NEW TRACT 4A: 24.107 ac. OPEN SPACE: NEW TRACT 4B: 18.134 ac. INTERIOR OPEN SPACE(ADD.): 2.328 cc. TOTAL• 42.241 ac. \ SETBACKS FROM : .814 ac. TRACT 4A GAINS 1.853 AC. TOTAL OPEN SPACE: 5 : .14 ae. 30' —60 ROW �. //PROPOSED-`�---- IA 12m OC AND PERKINS EX.124"CUL RT /WATER MAIN 1) Id.:11 _-_ -. TNV 1388 ~" INV 1 SS_ .54 TO BE OEDICATE �6U8,COLL N'i P`f -dam � V- 'T •'-. - I I;_, \ ?�,.�' I 457 a_c,OPEN SPA'E TO BE DEVELOU4 SUBSEQUENT.PLAI E ' I� I_ i „•.ff! �'I REPLACE EXISIING..SO'PUBLIC STREET EASEMENT {44yy)I w J ! G f INV 14 34 60'PUBUC STREET AND UTILITY EASEME1Kj 1 I '•.§Et _ -i ° j' PARALLEL TO PROPERTY UNE/ y .-1..1i! \. <�i I LOT 11 m i 1.48 cc. I i-1 i / r a.-� -._ e-` c0,0 60'PUBLIC STREET 7...�.I�. EASEMENT 4 r, i 1 I, INV.=16.00 !1 F�f TO HE ABANDONED i �� NS'04'23"W N69ro4'23 o. $ I' E 29.867 s s - NV.=15.28 Af \PROPER ( �- I -}S-'-`i-I. _LOT....10- O LINE I1 l ! !I �.0 119,179 sf O 7t 4.11 ac. A - ZNEW t ! '! NB�'01 1 !I !T ! I ! 8 J. /1 A PROPERTY 861tr !I I u i�,i `i" LINE PHASE_UNE w;; - -.5 A f I II '.. ( "j I �9 T� s�;y 'IZ"W PHASE LINE \ .37O71-aTl 47� 20.79', IN i l i TRACT 4 Y rm I. m y 64.151 sf Y T y i i I I� ,.47 at. Ir, 1 ZI •� " of w LC E 0 0 / I _ I 'F r " t4pgD� • sRQ ` \. - Il_ _ it PETER K.NELSON 35'STREAM SETBACK - _v%� INV.=1700 ,l 80 MANDEVILLE LANE 802EMAN,MT 39715 AND JE RY L PERKINS AND \. OT L0 PT LAND N89'57'O4"W 30 768 sf - - AREA INCLUDED IN t0 C/O 225 E.MENDENHALL 21,79' t \\ STREAM SETBACk-2.247 ac.'• �;!' p BOZEMAN,MT 59715 I QC�Y' 69ro 1 b I EXISTNGSTREAM\DITCH 'V) ci c°5�Nm 14 xx. UjI';;II �� Z`\�?: ''. q 1•q, ,1/ I ) y, S890112 -\ I s SETBACK /'I [JR v242 98 \LOT 2( \ � 6 \79.750 0 so cR WA \ �?�..\\ 183 ao x N89 01'1 "W EA9EMENry`y\ `• �` a /75.61 aI : '688E la 1 a t .$'I I I i .\`' ,\ '. \\� .`y \\ �°nA�SZ ;,_='ImY T44•? �`: 1 i � ::+I�. ;��ua ,� � I fl -- _ N8')'2�'3 x�\ \ +} \`\9 ♦\ I' 65(1Y 3"').' t I I'^ . --�]&9d'y"-. ' S�-�. \�� \\ �\\\?•1�\\?;�\w, tT 1 I i g or-11.A_!..J_I III 6 I 113 ac� � )�/�•� \`\ .\. '\�Y`` \.. jIJ�; ! 1 j�� i F1 •"�'^ 31 658 sf r/ ST RM R ^ ..—i 5 146 st `Ty. TO BE n LOT 3 LOT 1 \ i 41 -1 \\ t .345 EASEMEN DEVELOPEDPWITH SUBSEQUENT PLAT_`. x z 0 73 at. � '+,r asI ! 20'STORM DRAIN / / + � - cA� ' �_ • � � �+! .e {- tY �SIEYME�NRT MFHCiEIVED®Y B•WATER MAIN(slue - ! ` - _ . 18 CULVERT 8 5 1998 1 ,onus _ ..- -ry- �.-- _ # - - •_ �' ACA - -.__�rr �� �.u�r=:� W STUD i � CITY•OO(isVTY°LA)dh'iPlG 80'R 0 W. EX 18' -ULVERT TF- WATER Y21W'9T17B � + �.1�1 ! _ ASPS OF *•wE E 60 RC a —SpApCT EDGE f- EX, 3G"CULVER'EX ASPAHLTKITE 8 ET _ x 18 C LVERT ROW �, _ _ASPAHLT EQGE IX 1 11 S�_101_ 7ZS:J8 ,- —. �681179 — C.O.S.1240E - - _ -,-a - ��@R 9G,TO HE'•BEi118,4SEB-VATR SUBSEQUENT PLAT GRACE E.FRANCE ROY T.WAL70N JOANN L CAPE COVER WAGON MOBILE HOME PARK 1319 W.DURSTON e 2220 W.MAIN ST. COVERED WAGON MOBILE HOME,L.L.C. 13ZEMAN,MT 59 71 5-27 26 BOZEMAN,MT 59715-3972 P.O.BOX 618E BOZEMAN,MT 59771-6180 taaIgs_� BURIED TELEPHONE AND MO R R I S O N ENGINEERS —n,um SCIENTISTS TELEVISION LINES LEGEND PREAPPLICATION PLAN OF 0 SURVEYORS —GAS— BURIED GAS UNE ❑❑ MAIERLE,INC. PLANNERS ASPHALT EDGE FOUND SECTION CORNER AREA CALCULATED AS ADDITIONAL gRIDGER PEAKS TOWN CENTER x EXISTING FENCE LINE ♦ n OPEN SPACE WITH THIS P.U.D. SINCE 1945 EXISING 24"SANITARY ♦ FOUND QUARTER CORNER _ LIMITS OF DEDICATED RIGHT-OF-WAY FOR An Employee-Owned Company —IX21!! DEDICATED WTH THIS P.U.D. GRANT CREEK PARTNERS SEWER MAIN ® FOUND PROPERTY PIN �S UMITS OF RIGHT-OF-WAY TO BE EXISTING 12"SANITARY P`+. DEDICATED WITH SUBSEQUENT PLATS P.O.Box 1113 901 Technology Blvd. Bozeman,MT 59771 •Phone.(406)587-0721 Fm:(406)587-1176 IX tm— SEWER MAIN p EXISTING OVERHEAD POWER TRACTS 4A AND 4B OF C.O.S 1215A C' POLE _ LIMITS OF GREENWAY EASEMENT REVISION DATE: —FX t4t11R— EXISTING 14"WATER DEVELOPED WITH THIS P.U.D. LOCATED IN THE NW 1/4 OF SEC. 1, REVISION DATE: MAIN ® MAISTING SANITARY SEWER LIMITS OF GREENWAY EASEMENT T 2S, R 5E, P.M.M., CITY OF BOZEMAN, DRAWN BY: JLL DATE: 2/17/98 O ' MAIN EXISTING CSdzP WATER EXISTING FIRE HYDRANT """ DEVELOPED WITH SUBSEQUENT PLATS GALLATIN COUNTY, MONTANA Q e•a PROPOSED WATER MAIN CHECKED BY: KSB DRAWING NO.: 3121MSTR.DWG me-- PROPOSED SEWER MAIN JOB NO.: 3121.001/030/0310 SHEET 1 OF 1 t • I I I \ I ♦ t- SUMMARY II `\ �,� ♦ � O I d I I I ♦�\ �'`'\\ BRIDGE CONNECTION J SITE AREA: 20.9 ACRES BUILDING AREA: FUTURE CONNECTION BUILDING nAn — MAJOR 55,000 S.F. ion . .J. I I BUILDING nBn — RETAIL SHOPS 6,500 S.F. MAJOR BUILDING nCw — RETAIL 10,000 S.F. G. a' I BUILDING nD° — MAJOR 25,000 S.F. i BUILDING nEo — RETAIL SHOPS 4,900 S.F. BUILDING nF" — RETAIL SHOPS 14,500 S.F. BUILDING nGw — RETAIL SHOPS 18,400 S.F.A TRUCK DOCK i BUILDING nJe — MAJOR 8,000 S.F. X Q BUILDING "K" — COMMERCIAL 6,000 S.F. _ MAAJOR �° I BUILDING nL n — FOOD 5,600 S.F. j ;® ( BUILDING M — FOOD 2,400 S.F. 71 n — BUILDING N FINANCIAL 3,000 S.F. C.9 *D" �o N oN i BUILDING nPnn — FOOD 4,500 S.F. jW MAJOR •F. ZLn BUILDING Q — TBA 6,500 S.F. & I • - - - _E' N 1a wJ i TOTAL 170,300 S.F. w 352 RKING CES i 10, - - 9 I I d PARKING PROVIDED: 899 STALLS A)-4� 3� >"''s �I 9'- WIDE „w O ,K. (5.2/1000 S.F.) a BUILDING/SITE RATIO: 18.7% N I I I GAS /\��+ I i I l0 g i ; 50,000 S.F. NET P M 1 1 J12 12 12 'N'_ s I I _ -- -- - - _ � �1.- -',' _,' - i SIGNALIZED ----- - I FUTURE - INTERSECTION w SIGNALIZED ACCELERATION DECELERATION LANE ENTRY CORRIDOR I INTERSECTION _ LANE SIGN N_ _ _ — _ _ _ LANDSCAPE - 50' a --- NORTHI9TH AVENUE _-- _-----_---- o_ o �- _ z a ut i 6 N FEBRUARY 26, 1998 This site plan is not a representation,warranty or guarantee as to size,location o or identity of any Tenant,and the buildings,improvements, parking,ingress,and 0 50• 100• 200' egress are subject to such changes,additions and deletions as the architect, i landlord or any gto change agency may direct. Any on,etc tenant referenced SITE PLAN k__ -•- -- herein is subject to change,deletion,change of location,etc.,at any time without prior notice. Suite lhAvene ��p!�p/� WN CEN TER Grant Creek Partners 711 Suite A �® �1 r �� ��� 1 San Diego.CA 92101 ARCHITECTURE 16191234- g O Z E M/A\N M O N TA N A (406) 523-5634 P L A N N IFaNG Fax 16191234-8136 ffi36 K2CENED HY O GGPYRIGRf FDiLMAN LARARRE-ALL RIGHTS RESERVED MAR R 4 14"s3 CITY-COUWTY PLANKING 19 0 ® 0 0 0 0 MASTLiR FILE co Y P Montana Department of Transportation Helena, Montana 59620 fT 5 2 1 5 3 DEPT.- OF .1 RANSPORTAIIMI RECEIVED By el� um Lutte, Montm Y2 tJa98 o: Jason Giard, P. E. -C1TY COL District Engineer-Butte , LN 1-Y PLANNING From: onald P. Dusek, P.E. Traffic Engineer Date : February 25, 1998 Subject : Intersection Operational Review RDA- S - 19th & Oaks Bozeman In the later part of last summer we collected vehicle traffic data at this location. We believe the site' s current two-way stop control is inadequate and needs to be upgraded to a traffic signal. Our volume count suggests at least three traffic signal warrants are met . These would be warrant' s 2, 9, and 11 (the interruption of continuous traffic, the four hour volumes, and the peak hour warrant) . Further analysis showed conditions justified signalization based on insufficient intersection capacity. The critically restricted movement both observed and modeled at LOS "F" was the westbound left turn off Oak Street onto 19th. This work was undertaken due to our mutual suspicion of fast changing conditions in this area and its be'ing provided, at, this time, for your planning purposes. A more formal warrant study will need to be prepared for the Preconstruction Engineer when a project is programmed. Please keep us posted to developments at this site and let us know if further assistance is needed. YUTTE OtSTRICT 36-DPD: JUQ\TRF M-19oakB .97 70 cc: C. Peil R. Morgan A. Levens J. Quist UP 5 F-T-ATCR_? -R! S ( .01 maunders From: Phillip Forbes Sent: Wednesday, March 11, 1998 1:37 PM To: Craig Brawner;James Nickelson Cc: Chris Saunders Subject: Bridger Peaks Town Center In reviewing my files I find the following: 1. On February 24, 1994, 1 "accepted"two approaches into Saccoccia's property; A) One at what is now known as Tschache Road/Drive/Lane/Avenue/Boulevard/Street B) One- half way between Tschache and Oak Street,which seems to agree with the proposed driveway location for the referenced project. 2. In later correspondence with MDT, I referred to same as"field approaches",terminology which is at least important to the MDT. 3. Internal memo from Craig to Mike Morgan calling for installation of a sewer stub to the Saccoccia property at the proposed driveway location for the referenced project. I don't think M-M is planning to use said stub? 4. Copies of all this correspondence is on its way to James! t Page 1 _t BOZEIRN CITY-COUNTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640 Planning Office PHONE: (406) 582-2360 FAX: (406) 582-2363 r Memorandum To: Development Review Committee From: Chris Saunders <ZD Re: Bridger Peaks Town Center PUD Concept Plan and Subdivision Preapplication Date: March 10, 1998 General Notes: 1. All elements of the project which do not conform to, or exceed, the requirements of the zoning and subdivision codes must be explained in a narrative which states how the goals of the ordinances are being met through an alternative standard. 2. If the applicants wish to complete a Planned Unit Development which avoids the requirement of site plans for future development, all information necessary for the review of a site plan must be provided with the preliminary PUD plan submittal(e.g. lighting, landscaping,building envelopes, grading and drainage,parking,utilities, etc.). If the detailed information is not available over the entire site,Phase 1 may be done in detail and other phases may be approved with design guidelines as elaborated in Section 18.54.080.A.2 of the zone code PUD Concept Plan 1. Section 18.43.060.B.1 of the zone code limits access points for Class 1 Entryway corridors to every 660'. Oak Street accesses are shown at a smaller distance between access points. Entrances closer together than 660' will require a request for an alternate standard which will be processed as a part of the PUD application. Section 18.50.110.E of the zone code notes that arterial drive access spacing is normally allowed at 150' intervals for arterioles which are not entryway corridors.Location of access points may not be in the location allowed by the state, access points must be coordinated with the Montana Department of Transportation. 2. The full width of Oak Street shall be shown on the plans including areas south of the subject property. Access points from to Oak Street from the south must also be shown. 3. Landscaping per Section 18.50.100 is required for the parking lots as was noted in my letter of 4 September 1997. If an alternative arrangement is desired a description of how the purposes of the section are met is required. This description must also address the issue of parking lot screening from adjacent residential properties. 4. Storm water detention/retention and snow storage must be addressed. The site has a 12' drop to the NE. The preliminary PUD plan must show the locations of snow storage and will need to address the utilization of detention or retention. A 310 permit must be obtained to allow_ for discharge to the stream. The storm water and snow storage required may be incorporated with the additional open space discussed below. � I 5. As identified in my letter of September 4, 1997, item 5, 30%of the gross site area, excluding dedicated right-of-ways,need to be provided as open space. This is discussed in Section 18.54.110.F of the zoning ordinance. A description of how the open space requirement is to be met must be provided as part of the preliminary PUD plan submittal. If the plaza space in front of the main building complex is intended to be used to meet a portion of the open space requirement it may not be used for sales uses. Site furniture,planters and other pedestrian amenities must be provided. 6. The number of parking stalls appears to be adequate at this time. However,the provision of additional open space and areas for storm water and snow storage are likely to reduce the area available for parking. Area F is shown as retail on the site plan and has been verbally described as a food court. There is a substantial difference in the parking required for the different uses. The use will need to be specified in the preliminary submittal or sufficient parking provided to address either use. 7. The subdivision/PUD plans should specify areas where utility lines will be placed. 8. Typical details for how will the cross slope to the north is addressed must be provided with the Preliminary PUD submittal. The elevations of buildings must also incorporate the change in elevation. 9. CCNR 13.5 notes that the covenants are not a dedication to the public. The CCNR language will need to coordinate with the handling of the trails along the streets and the stream which are for public use as well as private. 10. The CCNRs need a section to note that no covenants or design guidelines which are conditions of approval may be changed without the written consent of the City of Bozeman. 11. The preliminary PUD plan submittal must show how the improvements for each lot will be installed. 12. If both tracts 4A and 4B of C.O.S. 1215A are to be in the PUD a conceptual layout of the property to the east must be provided. This should show general circulation, open space areas,parking, etc.. No information needs to be provided on who will occupy the area. 13. If the developer wishes to satisfy a portion of the open space requirement by adding land to Rose Park the proposal must be reviewed and approved by the Parks and Recreation Board. 14. If possible the use of concrete for the path along N. 19`s Ave. and Oak Street is preferred. j15. The developer should consider widening the major entrances and using center landscape j medians. 16. The narrative accompanying the Preliminary PUD plan must address the relaxation of sideyard requirements for the B-2 zone required for the main building complex. 17. If the property to the east is included in the PUD the trail should follow the stream with branches to service the property. 18. The landscaping for N. 196'Ave.must incorporate the formal elements required in Section 18.54 of the zone code. The landscaping for Oak Street must address the presence of a substantial gas line and the Farmers Canal and any access required to allow the maintenance of I i these facilities. Per Section 16.14.056 of the Bozeman Area Subdivision Regulations a 20' maintenance easement is required for the canal. Subdivision Pre-application Comments 1. The subdivision must be processed as a subdivision PUD per 16.24 of the Bozeman Area Subdivision Regulation. Items requiring the subdivision PUD are: private accesses rather than public streets, apparent provision of utilities to lots through an alternate standard. 2. A complete Environmental Assessment and Community Impact Statement as required and detailed in Section 16.18 of the Bozeman Area Subdivision Regulations must be provided as part of the Preliminary Plat application. 3. The preliminary plat must clearly show the total acreage of the project and whether the entire 40+acres is being subdivided. If the entire 40+acres is subdivided then the open space requirement must be met over the entire project. If the entire 40+ acres is to be subdivided the right-of-way for N. 150' shall be provided with the preliminary plat. The submittal should describe how the stream and road will interact. 4. The full 60' right-of-way or easements for Tschache lane must be provided with the preliminary plat. The ability to connect Tschache to N. 19"'must be shown to be legally existing with the preliminary plat application. The request to abandon the existing street easement must be made no later than the preliminary plat submittal. 5. The north-south traffic connection between Oak and Tract 4B which is adjacent to lot 1 should be developed as a private street since it will function as one. 6. Section 16.14.050 of the Bozeman Area Subdivision Regulations requires the placement of utility easements. The CCNRs appear to contemplate a different mechanism to provide access to private utilities. If the developer wishes to provide access to utilities in a manner different from that required by code the narrative submitted with the Community Impact Statement must address how services will be provided and maintained. Staff is of the opinion that the perimeter access drives are logical locations for utility runs. The developer is STRONGLY encouraged to begin work immediately with the local utility providers on any alternative service access arrangement. 7. At least one, and preferably all, of the internal water loops in phases 1 and 2 should be connected to increase the reliability of supply. 8. The Community Impact Statement shall include a traffic study which shall describe the anticipated traffic from each phase of the development when completely built out. A warrant analysis of the intersection of N. 19''Ave. and Oak Street shall also be included. 9. The preliminary plat should clearly indicate which phase is intended to be constructed and in what order. The phasing of infrastructure should also be included. 10. The preliminary plat submittal should include a proposal to utilize the proposed trails in lieu of the sidewalks required in Section 16.14.040 of the Bozeman Area Subdivision Regulations. i 11. The applicants should begin discussions with the Gallatin County Weed Control District for the preparation of the required weed control plan. This plan must be provided as a part of the preliminary plat application in order or the application to be deemed complete. BOZE#AN CITY-COUNTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640 Planning Office PHONE: (406)582-2360 FAX: (406) 582-2363 MEMORANDUM TO: DEVELOPMENT REVIEW COMMITTEEE�-� FROM: DAVE SKELTON, SENIOR PLANNER RE: BRIDGER PEAKS TOWN CENTER- P.U.D. CONCEPT PLAN REVIEW DATE: MARCH 10, 1998 Based on the conceptual master plan for.Bridger Peaks P.U.D. Concept Plan Review and review of the proposed commercial development against the North 19`h Avenue/Oak Street Corridor Master Plan and Chapter 18.54.110 of the Zoning Ordinance, consideration should be given to the following items in preparing the P.U.D. Preliminary Plan Review application: 1. The Preliminary Plan application must include a written narrative in response to how the project has satisified the community objectives for P.U.D. proposals outlined in 18.54.020 - Intent of P.U.D., as well as the criteria in 18.54.100-P.U.D. Design Objectives and Criteria. 2. The Development Manual for the Bridger Peaks Town Center must contain language in the protective covenants and restrictions for the property owner's association that specifically responds to the criteria set forth in Section 18.54.100, Group 1 -All Development Criteria,- and Group 3 - Commercial; 3. The Development Manual must contain architectural land landscape guidelines that contain the landscape requirements for the greenway corridor along North 19"Avenue and stream corridor along the east boundary of the property, as well as the standards for the pedestrian/bicycle pathways, as outlined in Section 18.65.110; 4. The applicant must provide with the Preliminary Plan application a conceptual master plan for the entire property containing general transportation network, land use patterns, open space and trial system; 5. The thirty percent (30%) open space provision must be usable open space, not left-over islands of landscape. Landscape islands, in addition to the off-street parking lot landscape, that is intended to be part of the 30% open space provision must be of adequate size to accomplish the intent of the open space provision; 6. The infrastructure located along North 19"' Avenue shall not conflict with the 50-foot greenway corridor. The 50-foot corridor must be in addition to any easements that may contradict the placement of boulevard trees or other large species trees; 7. To satisfy the 15% common open space provisions of Section 18.54.110 the 50-foot wide greenway corridors shall be delineated and noted accordingly on the subdivision plat as a 50- foot wide "public greenway common open space easement"; and 8. Prior to submitting the P.U.D. Preliminary Plan Review application, this proposal must be reviewed by the Bozeman Recreation&Parks Advisory Board as it relates to the open space and trails provisions, and a formal written recommendation by the advisory board shall be provided in the application. 9. The intersection of the 30-foot wide private drive with North 19`h Avenue should be designed as a principal access to the development, and be designed and landscaped accordingly. This should include a wider drive approach containing a landscaped median; 10. Any requests to deviate and/or relax the regulatory standards set forth in Section 18.54.100 +1� of the Zoning Ordinance will not be supported by the Planning Office; and 11. Based on the size of the commercial development and the nature of the central shopping node, the principal driveway between the shopping center and the off-street parking lot should be at a minimum width adequate enough for two-way traffic and drop-off/parking on both sides (40 ft.). Y. -c r+ 3 130 THE CITY OF BOZEMAN • 9x 35 NO. BOZEMAN AVE. P.O. BOX 640 * CARNEGIE BUILDING BOZEMAN, MONTANA 59771-0640 9tt 88 'tom ENGINEERING DEPARTMENT 9TrN CO.0.0 PHONE: (406) 582-2380•TDD: (406) 582-2301 • FAX: (406) 582-2363 March 10, 1998 To: Development Review Committee Al From: James R. Nickelson, Project Engineer ] Re: Bridger Peaks Town Center / The applicant is advised of the following items as part of the pre-application/concept plan review: 1. A traffic study will be required as part of the preliminary plat submittal that includes at a minimum evaluation of the intersections of Oak and North 19th, Tschache and North 19th and the major entrances to the development. The need for added.lanes to North 19th and to Oak shall be evaluated. Additional areas may need to be stud-'ed based on the results of the study. 2. At the time Oak Street was constructed, it was anticipated that the adjoining properties would widen the street and add curb and gutter and storm drainage facilities upon development. 3. The lack of a public street from Oak to Baxter is somewhat of a ccncern. In the preliminary plat submittal please show the future plans for Tract 4B and how that ties into a north-south street in this area. 4. The easterly most entrance off of Oak Street is not in a desirable location due to the relatively small offset distance between it and North 17th Avenue. Consiceration should be given to either substantially increasing the separation or aligning the entrance with the street. The final location of the entrances off of Oak Street will need to be coordinated with the city and MDT. 5. Due to the lack of public streets and their associated sidewalks within the subdivision, pedestrian facilities need to be considered to provide access from the main buildings to the outlying lots. 6. Payback districts are in the final stages of creation for the 14" water line in Oak Street and the 12" sewer line in Baxter Lane. 7. Tschache Lane, the proposed street on the north side of development, will need to be constructed to city standards with phase II of the development. 8. Sidewalks or some other acceptable form of pedestrian facilities will be required along Oak Street and North 19th Avenue. 9. Storm drainage facilities will be required for the development. cc: ERF Project File HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK March 10, 1998 TO: Development Review Committee FROM: Phillip J. Forbes, Director of Public Service 05, RE: Bridger Peaks Town Center The following condition of approval should be included in final DRC action on the referenced project. 1. The sewer main to serve this project must outfall into the newly constructed sewer in Baxter Lane, east of N. 19th. This requirement stems primarily from three considerations: A) The Baxter sewer design report included this area for flow calculation/line sizing purposes; B) This requirement is in concert with the payback conceptually approved by the City Commission in its approval of the Hampton Inn project; and C) Given the depths of the sewers in this area, this requirement will minimize the number of drop manholes in the City's sewer system. Please contact me if there are any questions on the above. cc: Craig Brawner Mike Certalic File � f D SINCE 1998 P. 0. Box 242 - Aik Bozeman, Montana 59715 JEREMIAH P. CASHMAN Phone: (406) 587-3406 BRIDGER PEAKS TOWN CENTER RECEIVED SY OVERALL LANDSCAPE CONCEPTS EXPLANATION: MAR 0 5 1999 Bridger Peaks Town Center can be divided into six differing areas to address with 1A 1RC A .!Y PLANM46 1. Oak Street frontage with residential adjacency of the Covered Wagon Mobile Home Park across West Oak. Important considerations for this area include the requirement of the formal streetscape. Which will be provided by the formal arrangement of Black Ash (Fraxinus nigra `Fall Guld') at 50 ft. intervals along West Oak. To the inside of this line of trees additional buffering of the parking lot will be created by natural, rolling berms planted with groups of Scotch Pine (Pines sylvestris), Quaking Aspen (Populus tremuloides), Tatarian Maple (Acer tatarica), Amur Maple (Acer ginnala), and natural groupings of large shrubs include Red Twig Dogwood (Cornus sericiea), Viburnums (Viburnum trilobum & V. lantana), Cotoneaster(Cotoneaster lucidus), Lilacs(S ry inga species & hybrids), and Mugho Pine(Pinus mugo). Mown turfgrass would flow over and around these plantings. The pedestrian pathway would wind through this greenway with the plantings and berms creating a variety of visual experiences for pathway users. Golden Willow (Salix alba `Vitellina') might be used along the south east corner, near the stream to visually tie in with the trees across the street to the south. All plantings shall be placed with consideration as to path use and safety, visibility into the parking lot for security personnel, visibility of businesses to prospective shoppers, and maximum screening for the adjacent residential development. The access frontage along the north side of the property will be treated in a similar fashion using similar materials and a formal streetscape tree arrangement. 2. North 19`h frontage. This frontage will be similar.in appearance to Oak Street with a pathway and the use of berming, trees and shrubs to create screening. The theme created along Oak would be continued between the parking lot and the pathway. But here the use of shallow drainage swales and retention areas for run-off control will add another dimension to the topography. The frontage on the streetside of the path would be seeded with a native grass mix. The use of a more drought tolerant grass would allow the natural transition to native trees and shrubs including Green Ash (Fraxinus pennsylvanica `Patmore'), Quaking Aspen*, Cottonless Cottonwood* (Po ulus hybrids), Chokecherry* (Prunus virginiana, `Canada Red' is a red leafed form which will provide seasonal interest to these plantings), Buffaloberry (Shepherdia canadensis), Rocky Mountain Juniper* (Juniperus . scopulorum), Potentilla (Potentilla fruiticosa), and Red Twig Dogwood*. The Oak Street plant palette . will be used to carry the planting around the corner and visually tie the two together with Quaking Aspen and Scotch Pine being the primary visual elements. This selection of plants includes several native riparian zone species (demarked with*). These plants will be used along the drainage swales and retention areas to re-create the feel of a natural streambank community. Cattails(Tynha latifolia) might be include in some areas determined to be damp throughout the growing season. Due to the informal, naturalistic feel of these plantings a formal arrangement of street trees would be avoided. 3. Entryway Statements. The main entry off North 19°i and the secondary entrances off Oak and the access to the north will be signified by large mass plantings of shrubs and Clump Birch (Betula OTHER OFFICES IN MINOT,NORTH DAKOTA,BISMARCK,NORTH DAKOTA and FERGUS FALLS,MINNESOTA papyrifera). These same plant materials will be used in the larger interior landscape islands and in the pedestrian plaza at the end of the main entry. Clump Birch will also be used in the planting areas. adjacent to the proposed Safeway building. Clump Birch was selected in part due to its success at the current Safeway site under adverse conditions and because it ties in nicely and relates well to the natural plantings along the two street frontages. It.is also a native tree. The feel of these compositions would be that of a naturally structured planting, with more formality than the corridor plantings to . allow for the introduction of built elements such as signage, but with a relaxed, natural feel to the overall layout and arrangement. Shrub plantings will include Purple Leaf Plum (Prunus x cistenal. Potentilla, Dwarf Highbush Cranberry(Viburnum trilobum 'Compactum'), Spirea (Spiraea x bumalda 'Gold Flame' & 'Norman'), Dwarf Korean Lilac (Syrinaa meveri 'Palibin'), Alpine Currant (Ribes alpinum), and a variety of spreading junipers (Juniperus sabina species and cultivars, Juniperus horizontalis species& cultivars): This selection of plants will create seasonal interest in texture, foliage, flower color and times, and fall color. Irrigated lawn areas will be a feature of the entry planting strips. Perennial and annual flower color will provide significant visual impact at the entries, pedestrian plaza and development sign. 4. Water Retention Areas: .Areas designated for water retention will be treated in a similar fashion across the site. Plant materials designated for use in these areas are described in#Z. 5. Pedestrian Use Areas: The pedestrian plaza at the end of the North 19t' entrance,the two triangular areas along W. Oak, inside the setback, and an area near the stream shall incorporate public use facilities such as, benches, tables, and sitting areas. These areas shall incorporate the same plant materials as described in#3. 5. Interior Parking Lot Islands: The smaller interior landscape islands will.be planted with deciduous, canopy trees such as Redmond Linden (Tilia x euchlora 'Redmond') and Thornless Honeylocust (Gleditsia triacanthos var. inermis). Groundcover plantings will include spreading junipers, potentilla, spirea, alpine currant and lawn. Submitted by Shelly Engler, Landscape Architect, Cashman Nursery March 3, 1998 ON. 19`h Streetscape- see sample plan B trees= Patmore Ash 1 %"caliper 1g.shrubs= Buffalobcrry 3-4' Cottonless Cottonwood 1 '/2"caliper Rocky Mt. Juniper 3-3 '/2' Bi'laQer Peaks Town Center (informally arranged between road and lot) Red Twig Dogwood 3-4' Overall Landscapes Concept 3/3/98 evergreen trees= Scotch Pine 8-10' B&B flowering shrubs = Potentilla 18-24" deciduous trees= Quaking Aspen mixed sizes Lilac 2-3' Chokecherry 1-1 %2"caliper, 8-10' min. Shrubs on berms to create overall height of 8'+. by: Cashman Nursery sm. ornamental trees= Amur Maple 8' clump B&B 2055 Springhill Rd Tatarian Maple 1-1 '/"caliper 8-10' min Bozeman, MT 59718 Canada Red Cherry 1-1 '/4"caliper 8-10' min (406)-587-3406 — — —— — — -- -- — — — — — - - Shelly Engler, Landscape Architect — — — — — — — — — — MA. I III � � J IIIIIIIIII111111111 illli�— /� � III '� • q I I I � o 0 0 0 `�. � _ o 1 .I - _1 1 ,W. Oak e-see sam le Streetsca plan A UI =p p p I O street trees = Black Ash 1 '/2"caliper � formal arrangement evergreen trees Scotch Pine 1 & deciduous trees = Quaking Aspen 1-�1"'/2"caliper (Mix sizes to simulate grove 1 /2 -2' caliper Average size 1 '/2"-2"caliper). 2-2 ''/2"B&B = _ _ sm ornamental trees= Amur Maple 8' clump B&B ► �`' �! �'�`� ' C-PO o C 0 Tatarian Maple 1-1 '/,", 8-10' min large shrubs= Red Twig Dogwood 3-4' Cotoneaster 3.4' Mugho Pine 5 gal. I I I y E Spreading-Juniper 5 gal. flowering shrubs= Viburnum 2-3' .Lilac 2-3' . Shrubs on berms to create overall height of 8'+. . c *E-�er- trees-50'o.c. ©Interior Parking Lot Trees j use Scotch Pine and Clump Birch 1 Ig. canopy trees= Redmond Lindens 1 '/2"-2"caliper Thornless Honeylocust 1 '/"-2"caliper — Iy *North Access- trees *Entry Planting- see sample plan C Major plantings occur at main entrances off W. Oak&N. 19`h and intersection It_! ! _ —' Black Ash- 1 %"-2" caliper 1 -_ of 19`s&Oak. Smaller plantings at minor entrances off W. Oak&access road on north. I I IJ I J III I . � j ➢ Y ' luV It LA t t . =� � << � U r � Yam• �, L, t>J c _ r 7�z In p V I �,✓l ' 1 - C IV LWTER OF TRANSMIT L UL ❑ MORRISON Date 3 s 9 Job No. MAIERLE,iNc. Attention: An BFnpfoyw—Owosd QomnpanV P.O. Box 1113 901 Technology Blvd. Bozeman, MT 59771-1113 Re: Phone: (406) 587-0721 Fax: (406) 587-1176 RECEMU By TO. C� r\S JG�J nf�e�,r� C ��aC`C�S R N l" Uufq� f wPsidrGl We are sending you ❑ Attached ❑ Under Separate Cover via the following items: ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of Letter ❑ Change Order COPIES DATE NO. DESCRIMON i THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as noted ❑ Rejected ❑ For your use ❑ Returned for corrections ❑ Prints returned after loan to us ❑ As requested X For review and comments ❑-'For your files ❑ Approved as submitted ❑ Revise and resubmit REMARKS: Copy To: Signed: e��� If enclosures are not as noted, please advise. MEMORANDUM To: Design Review Board From: Chris Saunders, Associate Planner Re: Bridger Peaks Town Center Date: March 4, 1998 The Bridger Peaks Town Center project is located at the NorthEast corner of the intersection of Oak Street and N. 19"' Ave. This project lies within the entryway corridor for N. - 19" and Oak Street. At this time no design guidelines have been prepared for the Oak Street corridor. The design guidelines for N. 19" are applicable to the entire project. The project may also include land to the east as a future phase which will fall under design guidelines to be provided during preliminary plan review. At the conceptual stage the applicant is not required to provide design guidelines or landscaping plans. The entryway guidelines for N. 19" were established when the area under review was masterplanned and zoned for residential development and prior to the N. 19" interchange. In reviewing the project against the guidelines Staff noted that several are no longer applicable. The general design guidelines for all entryway corridors appear to have largely been addressed. Staffs principal concern for this project at this time is related to the provision of open space. PUDs are required to provide 30%open space. The current proposal appears to provide 15-20%depending on how many of the internal parking and plaza areas are counted as qualifying open space. The N.19`s PUD guidelines note that required internal parking lot landscaping may not be used to satisfy open space requirements. During discussions at DRC,the applicant's engineer has mentioned the possibility of enlarging the project to include the approximately 20 acres to the east as a future phase. This can be done in the PUD process with the exact site details for the phase not provided but design guidelines being provided for the open space and architectural character. The applicant has provided amended site plans showing modifications to the southeast comer of the site. Staff is of the opinion that this is an overall improvement as it improves traffic circulation to future development to the north. Pedestrian circulation following the creek is also shown to parallel the modified access. Another concern of Staff, and one which is related to the provision of open space, is the provision of snow and storm water storage. The site has a 12 foot drop in elevation to the NE and is not currently provided with facilities to direct or control the flow of stormwater to off-site locations. Open space is allowed to double as storm water or snow storage within some parameters. Adequate numbers of parking appears to have been provided. However, a portion of the stalls will need to be replaced with storm water detention'areas and snow storage areas. With proper design both issues may be substantively addressed at the same time. The 50' entry way setback along Oak Street also contains the Farmer's Canal. This will be a design constraint for landscape development along this side of the project. The elevations of the main building complex do not address the change in elevation across the site. The applicant's engineer indicates that the building will be stepped down the slope with ramping connection the pedestrian areas across the face of the buildings. 452 Eighth Avenue Suite A ARCHITECTURE Son Diego,CA 92101 PLANNING Tel [6191 234.0789 TRANSMITTAL Fox[6191 234.8136 To: C/*1-5 _5-4 V 6<S Date: 3 3 134 Z-6~ e171-60011 I I, Project No. 70/7 !)O Oft�L� ,007-"An/ /Wr S9 7/S (466)-Toz Fax #: Subject:AVQ66a,,,li0e�1► 72"Wi✓ e,6*MV,_ From: WE ARE TRANSMITTING: THE FOLLOWING: THESE ARE: ❑ For Pick-up ❑ Original Drawings ❑ for your approval ❑ Hand Delivered Blueprints ❑ for your information ❑ Via Mail ❑ Shop Drawings X for your use ❑ Via Courier ❑ Letter ❑ as requested ❑ Via Fax #of pages ❑ for your review X M 7&Z ❑ ❑ DESCRIPTION/ REMARKS: lJ' --f / 'J 261 E C�9�✓ za�- t/Or/rit- ass/ CC: VIA: MAIL FAX DELIVERY ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ PLEASE CALL (619) 234-0789 IF THIS TRANSMISSION IS NOT CLEAR, OR IF ALL PAGES WERE NOT RECEIVED. 1,.. _ _ _ - - �., . � - .. �' i• i � ' ` , ., __. ;+ _ ' —�. . - � .� - � a ,'ti ,� � � � ' - ,' � � y 1 . �l -f I I SUMMARY z BRIDGE CONNECTION i SITE AREA: 20.9 ACRES H I BUILDING AREA: FUTURE CONNECTION 1 BUILDING "A" - MAJOR 55,000 S.F. I BUILDING "B" - RETAIL SHOPS 6,500 S.F. MAJOR j j BUILDING "C" - RETAIL 10,000 S.F. .G, BUILDING "D" - MAJOR 25,000 S.F. w I BUILDING "E" - RETAIL SHOPS 4,900 S.F. BUILDING "F" - RETAIL SHOPS 14,500 S.F. BUILDING "G" - RETAIL SHOPS 18,400 S.F. l TRUCK DOCK I BUILDINGn J,. _ MAJOR 8,000 S.F. j i® BUILDING "K" - COMMERCIAL 6,000 S.F. _ MAJOR o 7 1® BUILDING "L" - FOOD 5,600 S.F. j BUILDING "M" - FOOD 2,400 S.F. BUILDING "N" - FINANCIAL 3,000 S.F. ,p, / N o- j BUILDING "P" - FOOD 4,500 S.F. �I B 'c MAJOR .F. �° z BUILDING "0" - TBA 6,500. S.F. I - - - 'E" N 1 a w J j w TOTAL I 170,300 S.F.' w s 3j 352 IRKING CES 9'- WIDE 9 o PARKING PROVIDED: 899 STALLS Aft Cy 0 0 W j � ® (b2/1000 S.F.) 0 ® Q = 14 I W w w s i a BubDING/SITE RATIOS ® 18.7% GAS p D ®; ® - I ' 50,000 S.F. NET J12 J12 J12 J12 9 _ - 2s I - ----- - ---- SIGNALIZED SIGNALIZED FUTURE - __ __ _ ®® i INTERSECTION SIGNALIZED L ACCELERATION DECELERATION LANE INTERSECTION LANE PYLON SIGN ENTRY CORRIDOR I _ _ LANDSCAPE= NORTH 19TH AVENUE 0 u U Q s FEBRUARY 26, 1998 w F� This aita plan is not a representation,warranty or guarantee as to size, location ,n o or identity of any Tenant,and the buildings,improvements, parking,ingress,and O 50' 100' 200' egress are subject to er such changes,additions and deletions as the architect. SITE PLAN a landlord or any goverrnenlal agency may direct. Any specific tenant referenced herein is subject to change,deletion,change of location,etc.,at any time without prior notice. 452 Eighth Averm Suite n BRIDGER PEAKSTOWNCENTERGrant Creek Partners LL � � � LA San Diego.CA 92101 ARCHITECTURE Tel I6934- ( 6) 523-5634 PLANNING fax 16191234-8136 BQzEMAN MONTANA pyEOEVVED BY ©COPYRIGHT F'EHLMM LxB.ARRE-ALL RIGHTS RESERVED MAR Q 4 199a CITY•CC k+tY PLWIiNG 19 i DRC second week issues for discussion: PUD Criteria 1. Possibly utilize some of the parking lot soil to be removed to create vertical relief, small scale, in 50' greenways. Possibly utilize some to create buffer berms along 19'h for Covered Wagon. 2. Entryway corridor section 18.43.060.B.1 limits accesses for Class 1 corridors to every 660'. Oak Street accesses are shown at a smaller distance between access points. Location of acess points may not be in the location allowed by the state. Section 18.50.110.E notes arterial drive access spacing at 150'. 3. The full width of Oak Street needs to be shown on the plans including areas south of the subject property. Access points from Covered Wagon must also be shown. 4. How will the landscaping plan deal with the existing gas line. Is there an easement for the gas line presently and does it restrict landscaping. Can the gas line be moved? 5. Storm water and snow storage must be addressed. The site has a 12' drop to the NE,how will the locations of storage be determined and will detention or retention be utilized. 310 permit must be obtained for discharge to the stream. The additional open space required may be incorporated with the storm water and snow storage. 6. Parking appears to be adequate at this time. .However, the provision of additional open space and areas for storm water and snow storage are likely to reduce the area available for parking. 7. Areas in front of stores which is intended for open space credit may not be utilized for sales areas. 8. Area F is shown as retail on the site plan and has been described as a food court. There is a substantial difference in parking required for the different uses. This will need to be specified in the preliminary submittal. 9. Possibly place utilities along major perimeter drive aisle on the west and the service drive on the eastern edge of the development. 10. How will the cross slope to the north be addressed. Continuous ramp,periodic stair step? 11. CCNR 13.5 notes that the covenants are not a dedication to the public. Will need to coordinate with handling of the trails which are for public use as well as private. 12. CCNR needs a section to note that no covenant or design guidelines which are conditions of approval may be changed without the written consent of the City of Bozeman. // I�� 0 2� �tf/� �*�.- �((.-i✓�"te 'a/L��;dS� a eGc SS Z, Va/ 4'. 2 7 J 1 ` Vim. ✓•/ l //Gi SG� C� �J� >� i�� /C�� J" (fin 4" l.(G�e LITO-QiC Z1, C.�)'1 Oh�S� l �t �fi /pow d cjeS<<'�' /`fl U �` w•'l/ gJS, he d'li e- L✓;`( CG.42 Y.dt,� S. 411%s, .-t ' —e- Gt -Ea ov S f�o_� cr .DAP, r �- /S71"L 0:7,a x y�^ :57- - -- - �I'1, C.i�-�ty/'l�__.. _ ./'�.._ C�•J�SI.�-� Oc�� /'-- - `i,..'�Pfr-rf� C�(PS%£ .�. � - - ,f-f._i_ ._i^lG'f�_I,h esv - e.Gl <? _ t _ -.��_.- Sub ffs.��.`✓r - - - d-_N-�/ ,L?c( 7Jh�'e . Dh�,1G�rti. s 44• -- -- - °7 'ALI 5e_2✓«� LJ7 S�_l�,•iG�s��1,fle. _� "�-JU _�''r�oC _4.ie-<S __ - - - - - ._ - - - "_� $ � L.Ci�SGs�./i+.'J —�rB�,/Gf �r�� .(�r�llt ��-.p�z�K3. 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Si fl^ nlyH „r4T- ✓ivG r'G>IL 71f a t� , tt Olt ' 4 } i�' f t� —_--- ---- -- - toss ppi.,_'�.5--�� - �'��- -- - - - --- - -------- -- � 7ti p -14 J5e4 1 r—u r j a _ lit i + t� �t i i I i I I lit lit} I !I+ • • 18.54.100 1 ALL DEVELOPMENT Application: All land uses within a proposed planned unit development shall be reviewed against, and comply with, the applicable objectives and criteria of the mandatory"All Development" group. Required Criteria: +4-d4.c sti e`13, yQ, d-4-.-1 Yes No FNA Neighborhood Compatibility Is the development compatible with, and sensitive to, the immediate environment of the site and the adjacent neighborhoods relative to architectural design, build- ing bulk and height, neighborhood identity, landscaping, historical character, 1 orientation of buildings on the site and visual integration? / Is the project designed so that additional traffic generation beyond what may be approved for permitted uses does not have a significant adverse impact on adja- cent and surrounding development? 3. Have the guidelines outlined in Chapter 18.51, Development Review Committee, been followed concerning identification and discussion of impacts related to the proposed development? Is the development in accordance with the adopted elements of the Bozeman area master plan and its accompanying goals, objectives and policies? Public Facilities, Services and Transportation �5. Does the development comply with all city design standards, requirements and f J specifications for the following services: /J Water supply ,/ rails/walks/bikeways Sanitary supply 'Irrigation companies 1 'Fire protection Electricity -Flood hazard areas vNatural gas l� frelephone Storm drainage /Cable television /Streets 6`�J 6. Will the sewage generated by the development not exceed the sanitary sewer system's line and treatment capacity? �\ 7. Will an adequate water supply exist to serve the development? 8. Will an adequate electrical power supply exist to serve the development? 9. Will the city transportation plan be capable of handling the development's traffic generation'? 10. Does the development provide adequate access for emergency service? 396-33 (Bozeman 9-93) 18.54.100 • 1 ALL DEVELOPMENT _J Required Criteria: Yes No NA Are all vehicular use areas and exterior building areas provided with adequate security lighting? j Natural Resources �2. Have precautions been taken to minimize hazards to life or property due to irriga- tion canals, stream channels or other water bodies? 13. Have known areas of natural or geological hazard (e.g., unstable or potentially unstable slopes, faulting, landslides, rockfalls, flood, and wildfire, etc.) or soil conditions unfavorable to urban development had special engineering precautions taken to overcome natural constraints or have these areas been set aside from development? 14. Does the project preserve or replace existing natural vegetation? 15. Have special precautions been taken to preserve existing wildlife habitats, natural C� wildlife food services, or existing places, or are these areas being preserved? 16. If the proposed project is located within a locally designated historical district or includes a locally designated landmark structure, is the project in conformance /+J/4 with the city's Historic Preservation Ordinance? 17. If the development is proposed on existing agricultural land or open space, does it meet master plan objectives for clustering development? - ' Environmental Standards 18. Will the project conform to applicable local, state and federal air quality stan- dards, including, but not limited to: odor; dust; fumes or gases which are noxious, toxic or corrosive; suspended, solid or liquid panicles; or any air contaminant 1 which may obscure an observer's vision or impair breathing? 1 19. Will the project conform to applicable local, state and federal water quality stan- dards, including, but not limited to: erosion and sedimentation: runoff control; r discharge of solid wastes; and discharge of hazardous substances? 20. Can the proposed land uses and activities be conducted so that noise generated shall not exceed the minimum performance levels as specified in the city's Noise Control Ordinance Chapter 18.50 of the zoning code? Detailed plans for the elim- ination of objectionable noises are required before the issuance of a building per- mit. 21. If the proposed activity produces glare or heat, whether direct or reflected, is the operation conducted within an enclosed building or with other effective screening in such a manner as to make such glare or heat completely imperceptible from any point along the property line? Detailed plans for the elimination of glare or heat are required before issuance of a building permit. (Bozeman 9-93) 396-34 18.54.100 1 ALL DEVELOPMENT '__FRequired Criteria: Yes No NA 22. Will the project cause an inherent or recurring generated vibration perceptible without instruments at any point along the property fine? Temporary construction may be excluded from this criterion. 23. Is the exterior fighting, except for warning,emergency or traffic signals, installed in such a manner that the light source is obscured to prevent excessive glare on public streets and walkways or into any residential area? The installation or erec- tion of any lighting which may be confused with warning signals, emergency signals or traffic signals shall not be permitted. 24. Will all sewage and industrial wastes be treated and disposed of in such a manner as to comply with applicable local, state and federal standards? Detailed plans for waste disposal are required before issuance'of a building permit. Site Design 25. Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) arranged on the site so that activities are integrated with the organizational scheme of the community and neighborhood? 26. Are the elements of the site plan (e.g.. buildings, circulation, open space and landscaping, etc.) designed and arranged to produce an efficient, functionally organized, and cohesive planned unit development? 27. Is the design and arrangement of elements of the site plan (e.g., buildings circula- tion. open space and landscaping, etc.) in harmony with the existing natural l topography; natural water bodies and water courses; existing vegetation; and 28. Does the design and arrangement of elements of the site plan (e.g. building con- struction, orientation, and placement; transportation networks; selection and place- ment of landscape materials; and/or use of renewable energy sources, etc.) cc tribute to the overall reduction of energy use by the project? 29. Are the elements of the site plan (e.g. buildings, circulation, open space and land- scaping, etc.) designed and arranged to maximize the privacy by the residents of �. the project? 30. Does the design and arrangement of buildings and open space areas contribute to the overall aesthetic quadity of the site configuration, and is at least thirty percent of the project, exclusive of yard setbacks and parking lot interior landscape, de- ( veloped as open space?31. Does the street and parking system provide for the smooth, safe and convenient movement of vehicles both on and off the site? 32. Does the development satisfy the parking capacity requirements of the city and n provide adequate space suited to the loading and unloading of persons, materials and goods? 396-35 (Bozanae 9.93) 18.54.100 • • 1 ALL DEVELOPMENT Required Criteria: Yes No NA 33. Is the active recreational area suitably located and accessible to the residential units it is intended to serve and is adequate screening provided to ensure privacy and quiet for neighboring residential uses? 34. Is the pedestrian circulation system designed to assure that pedestrians can move safely and easily both within the site and between properties and activities within the neighborhood area? v \ 35. Is the development being properly integrated into development and'circulation patterns of adjacent and nearby neighborhoods so that this development will not become an isolated "pad" to adjoining development? 36. Does the pedestrian circulation system incorporate design features to enhance n convenience, safety and amenity across parking lots and streets, including, but not limited to, paving patterns, grade differences, landscaping and lighting? 37. Does the pedestrian and bicycle trail system adequately connect to the systems in adjacent developments? 38. Does the landscape plan enhance the appearance of vehicular use, open space and pedestrian areas which contribute to their usage and visual appearance? 39. Does the landscaping plan enhance the building(s)? 40. Does the landscape plan screen utility boxes, parking areas, loading areas, trash containers, outside storage areas, blank walls or fences and other areas of low , visual interest from roadways, pedestrian areas and public view? 41. If the development is adjacent to an existing or approved public park or public open space area. have provisions been made in the site plan to avoid interfering with public access to that area? 42. Will all signs in the project be in compliance with the provisions of the Bozeman sign code? ' (Bamman 9-93) 396-36 18.54.100 3 COMMERCIAL PUD Application: Planned unit developments in commercial areas (B-1, B-2, B-3 and B-P zoning districts) may include either commercial or multi-family development; however,adequate but controlled access to arterial streets is essential. Activities would include a broad range of retail and service establishments designed to serve consumer demands of the city and Bozeman area. Required Criteria: Yes No NA Each of the following applicable criteria must be answered "yes" and implement- ed within the development plan. 1. Are all repair, painting and body wok activities, including storage of refuse and vehicular pans, planned to take place within an enclosed structure or completely screened from off-site view? 2. Have all the necessary precautions been taken to prevent all lubrication, hazard- ous materials and'fuel oil substance, which are stored on the site. from leaking or draining into the groundwater system, streams,creeks,or other water bodies? 3. If the project contains any use intended to provide adult amusement or entertain- ment, does it meet the following requirements: Is the use established, operated or maintained no less than five hundred feet from a residential neighborhood, church and/or a school meeting all the require- ments of the compulsory education laws of the state of Montana? Is the use established, operated or maintained on less than five hundred feet from another similar use? or4. Is the project contiguous to an arterial street, and has adequate but controlled access been provided'! P �f 5. Is the project on at least two acres of land'? 6. If the project contains two or more significant uses (for instance, retail, office, residential, hotel/motel and recreation), do the uses relate to each other in terms of location within the PUD, pedestrian and vehicular circulation,architectural design, utilization of common open space and facilities, etc.? 7. If the project is a single-use PUD development, is it compatible with existing land use patterns? Is it compatible with and does it reflect the unique character of the surrounding area'? 396-39 (Bozeman 9-93) 18.54.100 - 3 COMMERCIAL PUD J Required Criteria: Yes No NA 8. Is there direct vehicular and pedestrian access between on-site parking areas and adjacent existing or future off-site parking areas which contain more than ten spaces? 9. Does the project encourage infill, with at least one-quarter of its property bound- ary contiguous to existing development, or does the project otherwise demonstrate compliance with the land use guidelines of the Bozeman area master plan? 10. If the project includes residential development, or is adjacent to existing or future residential development, have exceptional or unique design methods been incor- porated to mitigate the impacts of conflicting land uses (e.g., landscape and archi- tectural design,extensive open space, recreation center(s), maximum traffic effi- ciency, screening of parking areas? 11. 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'�lc-�l �S'!I / •`�C �l Ca 4S �^/!7 Pi GGiJ/� �J, !�t �'�-y�,^' � 4�sr• G�vrl'4. GA.S if�� C 0 Y"� T i i 4 _ fE - i 1 l i I - ' It t'II { .I f _ I .I ill } - 41 k I; �11 .'I BOZAAN CITY-COUNTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640 Planning Office PHONE: (406) 582-2360 FAX: (406)582-2363 February 19, 1998 Dave Hutchinson Grant Creek Partners 248 A.North Higgins Ave., Suite 238 Missoula, MT 59802 Re: Bridger Peaks Town Center MaSub Pre-app #P-9807/PUD Concept#Z-9819 Dear Mr. Hutchinson: The major subdivision pre-application and the PUD concept plan for the Bridger Peaks Town Center proposal have been received and assigned to Associate Planner Chris Saunders. The applications have been reviewed in accordance with the submittal checklists and appear to meet the submittal requirements; however, items may be identified during the course of review which need to be addressed. Should that occur, Planner Saunders will be in contact with you or your engineer. The proposal will be discussed by the Development Review Committee (DRC) on three consecutive Tuesdays at 10:00 a.m. in the Commission Meeting Room at City Hall, 411 East Main Street in Bozeman. Staff recommends you and/or your representative attend the meetings to be held on March 3rd and March 10th. The Design Review Board(DRB) will discuss the proposal at its 3:30 p.m.meeting on Tuesday,March 10, 1998, in the same location. Agendas will be mailed to you and the individuals listed below prior to the meetings. A receipt is enclosed. Please feel free to contact Chris Saunders if you have any. questions. Sincerely, Therese Berger Administrative Secretary Enc. TB/tb cc: Keith Belden, Moirison-Maierle,'Inc., P.O. Box 1113, Bozeman, MT 59771 Philip Saccoccia, Jr., 991 East Beach, Pass Christian, MS 39571 Mike LaBarre,Fehlmar LaBarre,452 Eighth Ave., Ste. A, San Diego, CA 92101 i i City of Bozeman Receipt a � Bozeman, Montana aZ/q , 19 7 Q Received of the sum of Dollars for a O J By ? RECEIVE® DY F E B 18 1998 BOZFMAN CITY-COUNTY PLANNING OFFICCECOUNT PANNING CARNEGIE BUILDING - 35 NORTH BOZEMAN p. O. BOX 640 , BOZEMAN , MONTANA 59715 Phone - '(406) 582-2360 FAX - (406) 582-2363 PLANNED UNIT DEVELOPMENT CONCEPT PLAN REVIEW APPLICATION -------------------------------------------------=--------------- A Concept Plan Review is mandatory for all planned unit development proposals . This is an opportunity for applicants to discuss requirements , standards , and policies that apply to development proposals and to identify major problems, so that they can be solved before a formal application is made. Upon submittal , staff will review the checklist and determine if the appl i.cation as submitted is complete . If so , it will be placed on the next Development Review Committee (DRC) and Design Review Board ( DRB) agendas for initial review. Planned unit developments proposing uses not otherwise allowed in the underlying zoning district shall also be reviewed by the Planning Board and the City Commission for conceptual review. Incomplete submittals will be returned to (,.he applicant . ----------------------------------------------------------------- 1 . Name and address of property owner: Phil JO Saccoccia, Jr. 991 East Beach, Pass Christian, MS 39571 Phone : 601-865-3596 2 . Name and address of applicant: Dave Hutchinson - 'Grant Creek Partners 248 A. North Higgins Ave_ , Suite 238, Missoula, MT Phone : Q6-523-5(34 59802 3 . Name and address of Engineer/Architect/Planner: See bottom 2nd page. Phone: 4 . Name of project/development : Bridger Peaks Town Center 5 . Address of proposed development: NE Corner N. 19th & Oak 6 . Legal description.: Tracts 4A &4B COS 1215A 7 . Current Zoning B2 Land Area sq. ft. 42.24 acres 8 . Describe the proposed development (use additional ,sheets if j necessary: _Bridaer_Leaka-_Town Center - see site plan 9 . Review Fee : $220 . 00 (Minimum fee after refund: $140.00) This application must be accompanied by appropriate fee and the appropriate submittal requirements ( see attached list) . Property Owner' s gnature Applicant' s Signature CONCEPT PLAN REVIEW SUBMITTAL CHECKLIST Applicant: Grant Creek Partners Subject Property Address: NE Corner N. 19th & Oak The following is a checklist of submittal requirements for all Planned Unit Development(PUD) Concept Plans. The applicant must complete this checklist along with the items stated for the application to be considered complete. Any items checked "NO" or"N/A" (not applicable)must be explained in a narrative attached to the checklist. IZ ifteen (IS) copies of the conceptual (sketch)drawing must be submitted for review by the Development Review Committee (DRC) and the Design Review Board(DRB). If the proposed use is not otherwise allowed in the underlying zoning district it will also be reviewed by the Planning board and the City Commission, and an additional fifteen (IS) copies of dic conceptual (skctcli) drawing must be submitted. YES NO N/A 1. Data regarding: a) site conditions X b) land characteristics X c) community facilities X d) utilities X c) general information about adjacent X land uses f) land uses within one-half miles of _ X the subject parcel 2. Conceptual (sketch) drawing showing the X 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 X land use allocations by location and as a percent of total site area. REFERENCE 18.54.050 "CONCEPT PLAN SUBMITTAL REQUIREMENTS Or THE BOZEMAN ZONING ORDINANCE. 3-A. Mike LaBarre Fehlmar LaBarre Architecture Planning 452 Eighth Avenue, Suite A San Diego, CA 92101 Tel (619) 234-0789 Fax (619) 234-8136 .B. Keith Belgen Morrison-Maierle, Inc. P.O Box 1113 Bozeman, MT 59715 Tel (406) 587-0721 Fax (406) 587-1176 r - 1KIIiER PEAK6naw "UP29, c�+a� ;cum Lam-IF 9 rip. RETAIL a ,. ' � uaaaun naF , rx�- eu- cam AA 7 - U g egamm 3 W E S T E L E V A T I O N I �?y ' SAFEWAY T �e a S O U T H W E S T E L E V A T I O N FEBRUARY 1998 � a +R El O AM= s.�c,s, BRIDGER PEAKS CENTER ARCHITECTURE Tel IN 2*—PLANNING Fex BOZEMAN, MONTANA �I 7,ii//•BtiB OOOPMIfiR MUM LABM-ALL MWBS PFSUM I I I j ! 01" SUMMARY BRIDGE CONNECTIONSITE AREA: 20.7 ACRES BUILDING AREA: BUILDING "A" - SAFEWAY 55,000 S.F. Ma OR i ® j BUILDING "B" - RETAIL SHOPS 6,500 S.F. i BUILDING C - RETAIL 10,000 S.F. j FUTURE CONNECTION BUILDING "D" - MAJOR 25,000 S.F. BUILDING "E" - RETAIL SHOPS 4,900 S.F. BUILDING "F" - RETAIL SHOPS 14,500 S.F. w i •�• - - BUILDING "G" - RETAIL SHOPS 10,050 S.F. i TRUCK DOCK = ® I BUILDING "J" - MAJOR 15,000 S.F. W I e BUILDING "K" - COMMERCIAL 6,000 S.F. SAFEWAY ;® I BUILDING "L" - FOOD 5,600 S.F. j o BUILDING "M" - FOOD 2,400 S.F. j "" ' •K, BUILDING "N" - FINANCIAL 3,000 S.F. • • c •p• i BUILDING "P" - FOOD 4,500 S.F. j B MAJOR eFe �� BUILDING "Q" - TBA 6,500 S.F. o I � E• _ `� I w TOTAL 168,950 S.F. 285 KING" CES�� Y ,o• - _ s- "v�DE ; , j o PARKING PROVIDED: 863 STALLS _ - - (5/1000 S.F.) - BUILDING/SITE RATIO: (INCL. GAS PARCEL) 18.7% j GAS o � _ - - ®I (NOT INCL. GAS PARCEL) 19.8% 50,000 S.F. NET ,P. • • •M• •L• �---- - - ®� (NOT INCL. GAS PARCEL OR a N Lj I 50, LANDSCAPE BUFFER) 22.7/ ----- --- --- - -- --- ------ SIGNALIZED _ " INTERSECTION FUTUREw SIGNALIZED I ACCELERATION INTERSECTION DECELERATION LANE ENTRY CORRIDOR I LANE PYLON SIGN - 50' ---_--__—_— _ _ LANDSCAPE w ` NORTH 19TH AVENUE — — — — — — Lo s vT FEBRUARY 8, 1998 This site plan is not a representation,warranty or guarantee as to size, location 0 50, 1 00' 200' - o or identity of any Tenant,and the buildings,improvements,parking,ingress,and N egress are subject such changes,additions and deletions as the architect, SITE PLAN landlord or any gaverar mental agency may direct. My specific tenant referenced z herein is subject to change, deletion,change of location,etc., at any time without prior notice. 452 Eighth Avenue a Stine A BRIDGER PEAKSTOWN CENTER Grant Creek Partners San Diego,CA 921D1 ARCHITECTURE Tel 16191234 BOZEMAN MO NTANA (406) 523-5634 PLANNING Fax[651234-M-8D6 ' 0 COPYRIGHT FIEHLAIM LABARRE-ALL RIGHTS RESONS li i • • 'J�r l�e„r-�'S/.d3.i _ � �Yr 1�r �'e� �G.��fi�-✓S _.S��i.-Y�75'�—., _ 1�.. '�s' Sic c�.�r�'1(�76�5 s-s"' _ _ � ' r. � �✓s'f-d � _-�:,PS �i`-it/_/2cS _ �_.C✓'c�7� �'7s�-'c��ya'c uS . . - -- -- - � ��''r�i/`� w��� � ei Ue_ S o--�--• �e_ �� S.`i.'Z��,� �` Q'CG6/.^e.'f�� _ 1.a.4� - -- // n (p . e Ssq h. [ _/^ub .e �dLe"-5 _ ,�4e7� .n 0�' C - --- ..-..- ''�' •r1 CfG � CvU•�i...��I � _✓'a�.�.h✓`r zl�� S9>a-,a.�A�t J'y-tc.._ -- - - ' - - lg✓4.t - �_ _. -__O.f?_C�_-y✓.<<-¢._ .�_`p c<�.Q __�/`i r�c_•._O-r/S.z�y_sc.''1�3cws-' - - - ----- ---- — �/L l.f /. `c"-'yPlrC�it tl✓�. _ 5l.�'� /✓lt... _he_ S�✓cn G�tl\— �` I _ 1 E'er ��,�lc �t,.idtcys�.4 GCS S �'/`Caluz.E �s � �cC� Ss•.--.Z 'µss'7ZZle / cq l 1 SW bev.-,cf? =S l�er� /�nG�r--r f�!/rr•T s c-a.+. e �:. �r �`� ASp `}' S,s��J�c�49 �'qi1 -✓. .c Gru.,.� ��crh-/`1'� 4-447�k'"A (/ oi�D�jl4 G.9 - )c.1 5.-!,T -(-�,p�o Girl-G.n,geyy!cr,'�' OV'- �^+�6 j`•,� Qf�-S r!.'t e-.5..ce �dss r�2 `t8 �i��c �ocd s iti �ufi�afi�4JeoQr 2d, —Js - - • _ _ _ � .1��. _ � � � _ + - i �. }� .� { ,,, ��, i� JII +i - I I �� i - - -- - - --- - - - f1 - - 1 - - - - - � I - - - - -- - --- - - - - - - !I - I f IIII 1� �1 I I3 I ��I L �.. u FAW MORRISA WIFA-1 MAIERLE,INC. ,m e m o An Employee-Owned Company ^ v C0 I'j, TO: Chris Saunders, City Planning %'YA FROM: Keith Belden SUBJECT: Agenda for meeting with Grant Creek Partners 2/12/98 DATE: February 11, 1998 MEETING AGENDA Time & Place: Thursday February 12, 1998 at 2: p.m. at the office of Morrison-Maierle Topics: 1. Introduction of Project Team 2. Discuss site plan concept for Bridger Peaks Town Center 3. Introduce Safeway as the anchor tenant 4. Submit Concept Site Plan for review a. Submit concept building elevations 5. Review schedule and processes to secure a building permit by August 1998 to enable Safeway to be under construction and framed by the end of October 1998. a. PUD and subdivision submittal requirements b. Improvement plan review and process; bonding of site plan and subdivision improvements cc: Dave Hutchinson, Grant Creek Partners Andy Stevenson, Fehlman- Labarre Architecture Planning HA3121\AGENDA.WPD _ �� / �✓H `lam- ��J / / i }- MoRRIs9 MAIERLE INC. memo An Employee-Owned Company TO: Chris Saunders, City Planning FROM: Keith Belden SUBJECT: Agenda for meeting with Grant Creek Partners 2/12/98 DATE: February 11, 1998 MEETING AGENDA Time & Place: Thursday February 12, 1998 at 2: p.m. at the office of Morrison-Maierle Topics: 1. Introduction of Project Team 2. Discuss site plan concept for Bridger Peaks Town Center 3. Introduce Safeway as the anchor tenant 4. Submit Concept Site Plan for review a. Submit concept building elevations 5. Review schedule and processes to secure a building permit by August 1998 to enable Safeway to be under construction and framed by the end of October 1998. a. PUD and subdivision submittal requirements b. Improvement plan review and process; bonding of site plan and subdivision improvements cc: Dave Hutchinson, Grant Creek Partners Andy Stevenson, Fehlman- Labarre Architecture Planning HA3121\AGENDA.WPD 901 TECHNOLOGY BLVD • P.O. BOX 1113 • BOZ&MAN, MT 59771-1113 • PHONE: (406) 587-0721 • PAX: (406) 587-1176 MORRISON 0 MAIERLE'INC. An Employee-Owned Co�m.pany EI`'9" C11Y -C� sY PLB� €1tt�tC� MEMO TO: Chris Saunders, City Planner FROM: Keith Belden SUBJECT: Meeting with Grant Creek Partners DATE: February 6, 1998 Please accept this memo as a confirmation that you and Andy Epple will be meeting with Dave Hutchinson and his design team at 2:00 p.m. on Thursday February 12, 1998 at the office of Morrison-Maierle in Bozeman. Discussion will focus on development of Tracts 4A and 4B of COS 1215A in.the northeast quadrant of N 19`h Ave. and Oak Street. We wish to discuss with you and Andy the PUD Concept Plan for this site and the development steps required to permit building construction to occur. We anticipate that we will have ready for submittal to the City,the PUD Concept Plan. We look forward to meeting with you both next week. Keith cc: Dave Hutchinson, Grant Creek Partners Andy Stevenson, Fehlman-LaBarre Architecture Planning I ���" /00 �� i / US 7�..�.r5 �d '�. �cs�•,{ 'f'��--c`r-� � S�—f7 � hoC.� �Ga�S�' Ocf f�� �-t s!f�.c�S •�-+ , U I?s csti i-� s'e 7 s/s /,�c a a .� 1 s d ? c , eA, d o j/• l"r�r�n f �tl"�'�G3��- S e�e�.�� � G���J�� c�rtl S � SPA,y�n�(' C�� � /�F��^--<�z p � rcwet/, �-e f��s 4.Z �cdl1Ge �o o C �jq l'i�Jiv- v T ih�S-ice G C)—of S�tl,-/ Qom- CO..�..-�_..i�." USC $'cr F / J /f e i�l 4 cFj 7� err �PA s ; h d 9 'ol f _ p7 Chairperson Skelton noted waivers for improvements to water mains and streets would be required. City Engineer Craig Brawner noted several issues to be included on the site plan. D. INFORNIAL REVIEWS 1. Bozeman Inn Addition Informal#I-9750 - (Skelton) 1235 North 7th Avenue - An Informal Application for an informal review of an addition to the Bozeman Inn. Mike Gaffke and Mark Iwaniak joined the DRC. Chairperson Skelton noted they are requesting to vacate a 35 foot wide service drive, which is a leftover from years ago when the plan was for a frontage road along North 7th Avenue. He noted that City Engineering has approved the ; vacation with the stipulation that a 10.5-ft. wide public access easement-be given from the property line. He reviewed the proposal noting the applicant will need deviations and variances for parking and the front yard setback. He continued,noting there will be no additional units added or seating added,only the moving of the pool and addressing traffic circulation. Mr. Iwaniak noted the locations of the accesses former, existing, and proposed. City Engineer Craig Brawner inquired if sidewalks are proposed. Mr. Gaffke noted they are not a part of this proposal. Mr. Brawner noted that an easement will be required for the sidewalk. Discussion followed on the circulation of traffic to Santa Fe Red's. Mr. Gaffke noted a small directional sign and banner at the new access on the south have been installed to direct people into the parking lot from the south, rather than have them swing around the median on North 7th Avenue/Oak Street. Discussion continued on traffic circulation and turning radii. Mr. Brawner suggested widening the southern access. Mr. Gaffke noted they would have grade problems if they widen it. Discussion ensued on the exhibits for easements. Mr. Rob Bukvich of Montana Department of Transportation noted the easement being granted to the State is much larger than is currently needed and won't be used for at least 10 years. 2. Bridger Peaks Informal- (Saunders) North 19th Avenue An Informal Review of one set of plans as an FYI item. Planner Chris Saunders presented the conceptual plans for the proposal. Chairperson Skelton noted the only public road shown is Midline Road,there is a need for another east/west public street. He noted the rest of the interior streets are private with private parking lots. He noted one concern will be with the ADA path and pedestrian circulation. Mr. Brawner and Mr. Forbes noted that curb and gutter are to be installed along Oak Street and North 19th Avenue. Mr. Bukvich noted that the drainage may not work, however, if the City Public Works Director approves it, he will approve it also. Discussion ensued on the sidewalks and boulevard. Mr. Bukvich noted that curb, gutter, and sidewalks are already shown on a typical cross section. Discussion followed on the location of the sidewalk/pathway within the 50 foot setback to get a meandering walkway away from the four lanes of traffic. Mr.Bukvich noted there is a new gas line that crosses into private property. Discussion followed on the signal at Oak Street and North 19th Avenue and what would trigger its installation. Development Review Committee Minutes-August 26, 1997 4 Mr. Brawner noted the applicant may want to consider a different name for the development as there currently is a Bridger Center in Bozeman. 3. Chuckwagon Chili Informal#I-9748 - (Skelton) 720 South 1 Oth Avenue - An Informal Application for advice on the conversion of.an existing structure into a restaurant. Jerry Taylor joined DRC. He gave an overview of the proposal, noting the existing building will be demolished and a new structure built. He indicated that seating would be very limited due to the parking limitations. He asked if the existing approach could be retained. He noted two of the problems are the sloping of 3 to 4 feet from the building to South loth and the impossibility of capturing all of the stormwater and sending it to the northeast comer. Most of the stormwater will flow into the 1 Oth Avenue storm sewer, as it does now. Mr. Taylor noted the applicant is requesting to use the alley as the exit and locate the dumpster off the alley rather than on-site. The applicant is requesting to encroach into the driveway for a temporary pick-up window. He noted there is a potential for outdoor-seating in the south west front yard and asked for any comments on any portion of the proposal. Public Service Director Phill Forbes asked if the alley was paved. Mr. Taylor noted it is, however, it is in very poor condition. Mr. Forbes noted the paving of the alley would be a condition of approval. City Engineer Craig noted the encroachment of temporart parking in the driving aisle is a concern. Mr. Taylor noted in reality the customers would be parking along the retaining wall. He asked if street parking in that area is by permit only. Staff noted it was. Discussion followed on landscaping of the site. Chairperson Skelton noted the location of the dumpster on the alley would require a variance. He noted several deviations would be required, 1) for the driveway to be located in the side yard, 2) for seating to be allowed in the front yard. He continued that a variance may be needed for parking. Another concern he noted was with drainage areas. Mr. Brawner noted most of the area is paved,however,repaving would improve the site. Chairperson Skelton noted there would be a screening requirement from the adjacent residential property, over and above the existing wood fence. E. ADVICE AND RECOMMENDATION 1. Sunrunner Car Sales Special Temporary Use Permit#T-9708 - (Saunders) 421 North Broadway Avenue - A Special Temporary Use Permit Application to allow the use of a property for automotive services and repair, sale of parts, and car sales. Sparse Miller joined the DRC. Planner Chris Saunders asked DRC to identify concerns with the Special Temporary Use Permit and for advice on a future Minor Site Plan. He noted Mr. Miller's business is a very small car dealership. Mr.Miller noted he specializes in Subaru only. He continued that 20% of his business is car sales, with the major focus being on repair and parts. He does no painting. Fire Marshal Chuck Winn noted there were several fire and building code issues. He suggested he, Mr. Miller, and Chief Building Official Neil Poulsen meet on site to Development Review Committee Nfinutes-August 26,1997 5 0 B0Z THE CITY OF BOZEMAN Le_ 41 1 E. MAIN ST. P.O. BOX 640 PHONE (406) 586.3321 * _ * SOZEMAN, MONTANA 59771-0640 q. zs-.q,7 9�cq 1883 �Q June 27, 1994 ?rN CO. O S . s Philip Saccoccia, Jr. 991 East Beach Pass Christian, MS 39571 Don Cape, Jr. RECEIVED BY P.O. Box 856 SEP 2 5 1997 Belgrade, MT 59714 Dear Messrs. Saccoccia & Cape: As negotiated with your legal representative, Mr. Joseph W. Sabol, the City of Bozeman has agreed to create Special Improvement District No. 662 for roadway improvements to North 19th Avenue between Oak Street and Baxter Lane. Said SID costs will be assessed on a front footage basis. It is further agreed that the full financial obligation for costs of construction of this segment of North 19th, as agreed to in waivers of right to protest creation of a special improvement district filed with the Office of the Gallatin County Clerk and Recorder at Fm 98 pages 104-105 and Fm 99 pages 133-134, will be fully discharged upon payment of said SID assessments. No other special fees or expenses will be levied or assessed against the properties included in SID No. 662 for future expansion of the pavement, addition of curb, gutter, sidewalk or storm sewer on North 19th between Oak Street and Baxter Lane adjacent to said properties. However, any development impact fee for roadways that is or may be adopted by the City of Bozeman for assessment against all new development, will be assessed against this property as it will be against all other properties at the time of impact fee adoption. The above paragraph does not address nor preclude the formation of Special Improvement Districts for other public improvements affecting and benefitting these properties, such as Oak Street, Baxter Lane, and interior streets improvements. The properties included in SID No. 662 may be included in other SIDs and assessed as all other properties within the respective SIDS will be. Any incidental items of construction necessitated solely by the development of the adjacent properties will properly be paid for by the developer. As an example, if an access approach needs to be widened to accommodate the development, said access widening and cross-culvert extension will be constructed and paid for by the developer. HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK 1. • Messrs. Saccoccia & Cape June 24, 1994 Page Two of Two Because the alignment of this section of North 19th is not fully within the easements dedicated for said roadway at the time of annexation of these properties, it is further agreed by the City of Bozeman to re-convey and release the unused portions of said easements back to the property owners, upon request, reserving a 30' wide utility easement for the future construction of the planned Northwest water trunk line. No portion of the existing sanitary sewer easement along this same corridor will be released. The costs of preparing the documents needed for re-conveying and releasing the appropriate portion of the roadway easement shall be the responsibility of the requestor(s). I trust this letter fully and completely sets forth all agreements made in this matter. If you have any questions, please contact me. Sincerely, AMES E. WYSOCKI City Manager cc: Phillip J. Forbes, Director of Public Service Craig Brawner, City Engineer Paul Luwe, City Attorney Joseph W. Sabol File BOMAN � CITY-COUNTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640 Planning Office PHONE: (406) 582-2360 FAX: (406) 582-2363 4 September 1997 Dave Hutchinson Grant Creek Partners P.O. Box 505 Solana Beach, CA 92075 Dear Mr. Hutchinson: The Development Review Committee of the City of Bozeman completed an informal review of the site plan for the Bridger Peaks Center; plans dated August 6, 1997. A number of items of concern were discussed as listed below. Some of the following may duplicate por-:ions of the discussion you had with Assistant Planning Director Debbie Arkell. 1. The entryway set back for Oak Street is 50' from the edge of the public right-of-way,the same as for N. 19"i Ave. 2. The zoning code requires parking lot landscaping. Additionally, all commercial parking lots adjacent to residential development, as this site is, must be-,visually screened. These issues are discussed in section 18.50.100.D.5 of the zone code. 3. Concern was expressed regarding the large expanses of parking. This may be partly addressed with the required landscaping listed in (2) above. 4. The layouts which allowed breaks between buildings were preferred. Placement of the buildings closer to the street with parking on the sides and rear is desirable. 5. The required open space for the Planned Unit Development, generally 30% of gross area, was not indicated. If a development provides for amenities above and beyond those required, such as public trails, the percentage of land may be reduced but in no case below 25%of gross area. 6. The curvilinear sidewalk along N. 19tb is a desirable feature. 7. The acceleration and deceleration lanes are thought to be possible within the existing right-of- way for N. 190'. 8. Oak Street will develop to a four lane standard City street in conjunction with development. 9. Traffic analysis of the project should carefully evaluate the placement of an anticipated traffic signal at the Oak Street and N. 19'h Ave. intersection including anticipated traffic warrants. 10. The State Department of Transportation restricts the number of access points to N. 191' and Oak Street. Access points should be carefully evaluated and coordinated with DOT. 11. The road shown on the north is listed as an easement. If lots are created as seems to be indicated this will require a subdivision and accompanying dedication of Right-of-Way rather than an easement. A north-south road is anticipated to fall roughly on the property line. This is shown on the transportation maps in the N. 19''/Oak Street master plan. 12. On site treatment and storage of stormwater runoff will be required. Snow storage areas will also need to be designated with any submitted development plans. *** 13.*** The development of any commercial site in the City of Bozeman is required to meet a certain number of landscaping performance points as outlined in section 18.50.100.D.6 (page 389) of the zone code. These points are over and above all required landscaping for parking lots and entryway corridor requirements. For a site of this size and complexity this will be a substantial undertaking. Please study this section carefully and when submitting your development application provide a table or other description of how the various landscaping requirements have been met. Some guidance on landscaping character is discussed in the North 190'/Oak Street area master plan. The landscaping areas may be used for stormwater control but must be approved by the City Engineering Office. Landscaping using native or other drought tolerant/hardy species is strongly encouraged. 14. Lot BB may be encroaching onto an existing sewer easement on the west side. 15. Water services and sewer services will need to be extended with development in such a way as to allow adjacent development to also connect. If you have any questions regarding these comments please contact me at (406) 582-2360. Sincerely, Chris Saunders Associate Planner cc:file i GRANT Dave Hu on i C K �V.J P.O.Box 505,Solana Beach,California 92075 Telephone 619-436-0463 248 A North Higgins Avenue,Suite 238 Missoula,Montana 59802 Telephone 406-523-5634 PARTNERS i _ --------------- SUMMARY r--- ' —r— RETAIL SITE AREA: 24.6 ACRES LOT "AA" (294,644 S.F.) 6.8 ACRES W J LOT 'BB' (43,295 S.F.) 1.1 ACRES LOT 'AA' `- ---- BUILDING AREA: --------------- w I BUILDING "A' 112,000 S.F. 294,644 SF , BUILDING 'B* 50,320 S.F. 0 BUILDING�'C* 25,000 S.F. j •�• I BUILDING "Dn 30,000 S.F. aso 25,000 SF j PADS 24,500 S.F. S.F. j SHOPS 36,152 S.F. j wB, 1111111111H I TOTAL 277,972 S.F. 50,320 SF ' l j PARKING PROVIDED 1,390 STALLS /I I I I I I I I I I i I I i l I I I (l j (5.0/1000 S.F.) 112,000 SF /�1LlllLllilElliliillilrlllillliln j s 85 4,Soo 1 j BUILDING/SITE RATIO 26% a , W o 4 S00 W ( 6,500 o jw SF W _ ,p, �j 30,000 SF LS4,5006,500 F SF 4,500 U l�1LLf I I I 1 I I I I I I I I I LOT 'BB' SF 6,500 a I 43,295 SF fill 11 ifillilillill 111111111111 --niiii SF ' a w 11z 1 NORTH 19TH AVE. - ----------- o - 3 a w � m o 0 50 0' 100' 20' SITE PLAN AUGUST 6, 1997 — — 452 Eighth Avffw rr,` San DiBg0.CA 92101 �. San Di BR ID GER . PEA KS CEN TER Grant Creek Partners k� e L ' �, c ' ARCH I T E C T R E Tel 16191 a- B O Z E M A N, M O N T A N A (406) 523-5634 PLANNING Fax I691234-8%8Xi6 ©COPYRIGHT EEHLMAN LABARRE-ALL RIGHTS RESERVED Q 0 0 V t! d ® A A Q Q Q I _ SUMMARY -- -- J SITE I� -T SITE "I": _ RETAIL SITE AREA: 24.5 ACRES LOT "AX (302,045 S.F.) 6.9 ACRES j �;�� j LOT 'BB" (43,295 S.F.) 99 ACRES BUILDING AREA: (ON RETAIL SITE) ------------- I BUILDING nA" 18,200 S.F. — BUILDING "B" 50,320 S.F. w LOT 'AA' '— BUILDING C 45,000 S.F. .- j j BUILDING "Dn 25,000 S.F. H BUILDING "E" 30,000 S.F. ,p, 25,000 SF PADS 31,000 S.F. o I I 12,975 — I SHOPS 36,355 S.F. TOTAL 235,875 S.F. s I i 45,000 SF } SITE "Ih: PARKING PROVIDED: 1,484 STALLS T LOADING (6.3/1000 S.F.) -- -- -- -- -- j /llllii i lllllllllllllllllllllll1 j zs F.' � ri l l l l u i l l l l l l l l l l l l l l l l BUILDING/SITE RATIO: 22.9% w I ' 18,2 O' SF 50,320 SF —i I /11111111111illln 7,.F. I I Q I I I SF- �j j0 SITE �1J_II�III�I � 4,570 4's00 I TOTAL SITE AREA 8.8 ACRES SF �I I W ,E, 30,000 sF j BUILDING AREA: 112,000 S.F. COMMERCIAL 112,000 SF 4,5oa s,444 j PARKING PROVIDED: 562 STALLS sF sF I (5.0 1000 S.F.) 0�-�N-H,-I-�H-H-�-O I I / - BUILDING/SITE RATIO- 29.2% ES5, j _ r I LOT 'BB 4,500 4,500 I' w , ------ SF SF - 6,500 43,295 SF I1 --I 5F sz - ---- - ----- --_-- _--- _------------ NOT A PART r NORTH 19TH AVE. o " C U m SITE PLAN o 50. ,00' zoa. AUGUST 6, 1997 - 452 FEW[ Avenueenue Sn�ieg0.CA 9210I DA San BRIDGER PEAK.5Z CENTER Grant Creek Partners� ARCHITECTURE Tel Fax16191M4-81M BOZE , ` AN a , ONTANA (406) 523-5634 PLANNING Fax1691234-6C6 9 ©COPYRIGHT FEHLAIAH EARWE-ALL RIGHTS RESERVED - Q 0 p 0 4 0 0 d ® 0 0 © Q A Q • i I SUMMARY SITE \ _ SITE "I" I RETAIL SITE AREA: 24.5 ACRES - \\\ LOT 'AA" (302,045 S.F.) 6.9 ACRES LOT •BB• (43,295 S.F.) 99 ACRES ENHANCED CREEK W/ POSSIBLE BRIDGE I BUILDING AREA: (ON RETAIL SITE) ---------------- I BUILDING •A' 18,200 S.F. 3 j I LOT 'AA' ® I BUILDING TB• 50,320 S.F. 338,z77 sF -----� j BUILDING •C" 45,000 S.F. 3 ® ® BUILDING "D" 25,000 S.F. SITE "Iin I i $ 25,000 SF I BUILDING •En 30,000 S.F. PADS 31,000 S.F. 12,975 ® W I SHOPS 36,355 S.F. o� I j I s�• 1 Lo¢a l TOTAL 235,875 S.F. ' ( I 45,000 SIT L o�, ' U1111111111111111 U ': J I PARKING PROVIDED: 1,484 STALLS rmm LOADING N o i (6.3/1000 S.F.) COMMERCIAL ' 112,000 S.F. I zs F t I BUILDING/SITE RATIO: 22.9% j 00 50,320 SF I I 18,2 SF 7175 I I I l l l l I I I I io i l l l o l l l S.F. 1 O SITE II: 4,570 4S00 i �'1 TOTAL SITE AREA: 9.5 ACRES ' — SF i 3 �Iu 'E' I � 30,000 SF � BUILDING AREA, 112,000 S.F. , $ W , 4,500 6,444 j PARKING PROVIDED: 687 STALLS w j F SITI (6.3/1000 S.F.) HE ' -- -- 6,500 I BUILDING/SITE RATIO: 27.0% SF " ' LOT 'BB' 4,500 4,500 J 43,295 SF SF SF 6,500 LLLLLdj ------ ACCELERATION. `DECELERATION . ENTRY CORRIDOR -- LANE _--- LANE—-- —-- — LANDSCAPE-50'— NOT APART �_�_� NORTIq 19TH AVE. � o 0 Z 3 � N aD � SITE PLAN o 50 Zoo N AUGUST 6, 1997 AI e ! 1F 45it Eighth Avarua , c ti B R ID CD PEAKS CEN TER Grant Creek Partners Suite A San Diego,CA 920 /,1, ARCHITECTURE Tel Fax16191234-8M BOZEI � 1AN, MONTANA PLANNING Fax 1691234-6tt6 1 (406 523-5634 ©COPYMGH,FEHLIAAN LAEARRE-ALL RICHES RESERVED Q Q 0 0 0 0 0 0 4 O A i SUMMARY -- ------ SITE I: T T. n-- . SITE l". y 11 j j RETAIL SITE AREA: 24.5 ACRES LOT 'AA" (302,045 S.F.) 6.9 ACRES A.`0\� j LOT "BB" (43,295 S.F.) 99 ACRES BUILDING AREA: (ON RETAIL SITE) _ _ _ ------- ----------- I BUILDING TAT 18,200 S.F. LOT •Aa• ;� I BUILDING 'B n 50,320 S.F. 338',277 sF --__ — -----------------r- j BUILDING C 45,000 S.F. 3 j BUILDING TDn 25,000 S.F. j SITE �Ih� o *D' I BUILDING TE" 30,000 S.F. 25,000• SF PADS 31,000 S.F. SY, I SHOPS 36,355 S.F. S.F, I TOTAL 235,875 S.F. z I I 45,000 SF rrrrr LOADING u�rrrii�i i T� j PARKING PROVIDED: 1,484 STALLS I I j j (6.3/1000 S.F.) LOT 'Al' 112,000 S.F. I 2SF. I BUILDING/SITE RATIO: 22.9% 18,200 SF 50,320 SF Ij /ILLiLLLLL LLLLMLiq W S.F. SITE II: o I4,500 I � 4,570 SF j TOTAL SITE AREA: 11.5 ACRES SF , I 11 �I ,E,�I 30,000 SF i BUILDING AREA: BUILDING "AY 112,000 S.F. I 4,500 6,444 I PADS 9,000 S.F.SF SF, I TOTAL 121'000 S.F. oi -- -- I ; _ I 6 S00 j PARKING PROVIDED 767 STALLS LOT 'BB' , 4,500 4,500 - 6,500 I (6.3/1000 S.F.) 43,295 SF _ sF __ -- BUILDING/SITE RATIO- 24.1% a ? ------ - W 4,500 6F 5F 1 - ---------- ------------- NORTH 19TH AVE. O SITE PLAN AUGUST 6, 1997 o So Too' Zoo c T-Wt.- ,�. Eighth Avenue } Eighth R p Inc. PEA KS CEj*Nj, T V P Grant Creek Partners �- •s- , �- San Diego:CA 92gt �� o '� s � `J �.. ® ARCHITECTURE Tel 16191234-0789 P L A N N.I.N G Fax 16191234-8136 g O Z E,1 -^^iA N, M O N TA N A (406) 523-5634 i 0 COPYRIGHT FEHLLIAN LaaARRE-ALL RIGHTS RESERVED Q Q a 0 0 a 0 0 I SUMMARY " —T— -----____ �. T SITE I: — — SITE I . ~-- RETAIL SITE AREA: 24.5 ACRES LOT "AA" (302,045 S.F.) 6.9 ACRES ENHANCED CREEK I LOT "BB" (43,295 S.F.) 99 ACRES w • I i .� ,� ` W/ POSSIBLE BRIDGE I BUILDING AREA: (ON RETAIL SITE) _ ----------------- BUILDING nA' 18,200 S.F. LOT 'AA' I BUILDING 'Bn 50,320 S.F. ®--------- m 338,277 SFBUILDING 'C"-----®® — I BUILDING "DT �,000 S.F. i ,p, j j ® 25,000 SF BUILDING "E° 30,000 S.F. 12,975 z PADS 31,000 S.F. S.F. ® � SHOPS 36,355 S.F. W TOTAL 235,875 S.F. I 45,000 SF i o� LOADING No I PARKING PROVIDED: 1,484 STALLS HHHHHHHHN j (6.3/1000 S.F.) .B, 2�'.F' ' BUILDING/SITE RATIO: 22.9% 'A' ' 18,200 SF 50,320 SF All I 1111P.411 LI I I I I 111 I i I j 7.175I 0 U , S.F. � UJ 14,500 CA ' 4,570 F S SF = = : U6 •E• 30,000 SF71 • j a N 4,500j 6,444 UTII flJ W i SF SF -- -- ' 6,500 4.500 4,500 LOT 500 BB' SF SF 6 43,295 SF e o . - . W - ; -` --III IIIII III IIIIIIIIIIIIIII SF J a ACCELERATION `DECELERATION . ENTRY CORRIDOR j W LANE LANE LANDSCAPE-50' NORTH 19TH AVE. .------------------ r o . 0 50' 100' 200' Li SITE PLAN AUGUST 6, 1997 � 452 Eighth Avenue ^ r1 r1 I 1/ /'"'� / T� 1 t-N.� �1 M ® e� e�sus es�re Suite A DA /"MCA VE/-A � � Ci �I / EA �r a n L k.,r e�k rar �i etr � �� � �' � San Diego.CA 92g1 A A ARCH I L A CT R E Tel 16191234-61 B®Z E M A N / O N 1T A N/�n l (406) 523-5634 PLANNING Fax I6HI 234-8t36 ' i� i O COPYRIGHT FEHLMM LARARRE'-ALL RIGHTS RESERVED Q 4 0 0 0 © 0 0 II — -